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Home My WebLink About01-0403 01-0403.txt No. 7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 3, 2001 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTONIE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Betty Jean Grant, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, Antoine Thompson and Karen Ellington-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Page 1 01-0403.txt Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson- Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio-Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana- 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 3, 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 March 20, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 WEED AND SEED YOUTH OPPORTUNITY INITIATIVE This is to advise the Honorable Common Council that funds for the Weed and Seed Grant in the amount of $142,000.00 has been awarded to the City of Buffalo from the U.S. Department of Labor Youth Opportunity Grant. Page 2 01-0403.txt These funds will be used to conform to the guidelines of the grant specified by the U.S. Department of Labor and Buffalo and Erie County work force Development Consortium. This grant will allow the Buffalo Weed and Seed Program to engage youth in service learning activities in Buffalo's East and West sides as prescribed by the U.S. Department o, Justice Weed and Seed Program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2 C. FISHER A. WIGGINS-CONCERNS-DEBRIS IN DIRT PILES USED TO LEVEL CITY LOTS ITEM NO. 94, C.C.P. MARCH 20, 2001 The Common Council has requested that the Environmental Management Commission file comments regarding possible environmental contamination in dirt used to level lots in Buffalo. The Commission appreciates the Common Council concern in this regard. There is always potential for unknowing or unscrupulous use of contaminated soil/material in filing lots. Regarding City of Buffalo practices, the Commission is advised that where such filling activities are carried out by private parties, a City landfill permit is required in some instances. On the necessary form, the source of the fill should be listed, but testing of fill material is not necessarily required of the applicant. Further details on the landfill permitting process and the type of activities and checking involved is available from the City Survey Office, the administrative entity in this regard. The Commission is also advised that for actual City projects, administrative staff require certification that fill from an appropriate source. Such certification appears to be similar to the requirpmentl6t of the New York State Department of Environmental Conservation when it is undertaking a remediation or other engineering project using fill. The local office of the DEC further advises the Commission that it will become involved in assessment of specific sites that are suspected in this regard. The Fillmore-Jewett site -as described and referred to the Commission seems appropriate for this DEC attention, The Commission asks that the Common Council advise the Commission if there are other requests is this regard. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 M. LEHMAN-SEQR-NEG. DECL.-REHAB.-95 FRANKLILN ST ITEM NO. 85, C.C.P. MARCH 6, 2001 The Common Council has requested that the Environmental Management Commission file comments regarding a NY State Environmental Quality Review notice filed with the City by t Erie County Department of Environment and Planning regarding building and plaza rehabilitation at 95 Franklin Street. it is appropriate that the County has filed this short environmental assessment form. with the City. The Commission appreciates the Common Council's referral of this item to the Commission as under the Ordinances of the City. The Commission has previously discussed this project with Page 3 01-0403.txt Erie County. The proposed project seems correctly classified under SEQRA and well handled by Erie County. This is not the proposed plaza associated with the new court building, but a substantial repair of the existing entrance on the west side of the Rath Building between the building and Franklin Street Steps and entranceways are being rebuilt along with parking ramp ventilation Structures and ice melting, facilities. The Commission concurs with the determination by Erie County that the project will not have significant environmental impact, and that an Environmental Impact Statement need not be prepared. RECEIVED AND FILED NO. 4 REVELATIONS ON NY STATE WARNINGS REGARDING HICKORY WOODS IN 1996 ITEM NO. 194, C.C.P. MARCH 20, 2001 The Common Council has requested that the Environmental Managment Commission file a correspondence and reports in its files from 1990 through 1998 and pertaining to either Hickory Woods or the Abby Street Berm. There is no such material in the Commission files that dates back beyond November, 1999. Please advise the Commission if there are other requests in this regard. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE CITY PLANNING BOARD NO. 5 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON-SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency:Buffalo Planning Board Room 901 City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment. Action Title: United Church Home Senior Apartments Location: 1190 Amherst Street, Buffalo New York 14202 Type of Action: Unlisted/Uncoordinated Review Description: The United Church Home proposes to undertake the construction of six senior citizen apartments. The project will take place on vacant land on property currently owned by United Church Home. The project involves the construction of six new apartments with a total of 5000 sq. ft. of area. The project will include, but is not limited to: new construction; installation of new electrical, plumbing, heating and mechanical systems; installation of new furnishings and equipment; installation of windows; parking lot improvements, exterior lighting and landscaping. All trees removed will be replaced with new trees not less than 3-inch caliper along Amherst Street. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted Page 4 01-0403.txt prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The project is nominal in size and scope. The few impacts which were identified are positive but not significant in magnitude or effect. There are no actions which will be undertaken in either implementing the project or in the long term which will have a significant impact on the environment. The identified impacts are all construction related impacts due to construction and landscaping activities which may generate increased vehicle emissions, fugitive dust and increased noise levels. These are only short term impacts that will have a minor effect on the environment and are not significant in magnitude or effect, City codes and proper construction practices will mitigate potential adverse impacts due to construction activities. The development will also have several very positive and beneficial impacts including safe handicapped accessible housing and supervised living arrangements for senior citizens. This development will prevent the establishment of incompatible land uses in the area-, insure the orderly development of the site; will encourage existing residents and businesses to remain in the project area-, attract new residents and businesses and create new job opportunities for area residents. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact Mr. William P. Grillo, Principal Planner, Room 901 City Hall, Buffalo, New York 14202Telephone: 716-851-5086. A copy of this notice was sent to: Mayor Anthony M. Masiello Buffalo Communitv Development Buffalo Public Works Buffalo Common Council Buffalo Environmental Management Commission Dated March 13, 2001 RECEIVED AND FILED NO. 6 BRACO I 922 MAIN ST. SIT-IN RESTAURANT ITEM NO. 89, C.C.P. 3/6/2001 The City Planning Board at its regular meeting held Tuesday, March 27, 2001 considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Allen Street District. The applicant seeks to convert a former retail store into a sit-in restaurant at 922 Main Street. The Planning Board voted to recommend approval of the sit-in restaurant patio. RECEIVED AND FILED NO. 7 P. SCOURAS 942 MAIN ST. VARIOUS ENCROACHMENTS ITEM NO. 110, C.C.P. 3/20/2001 Page 5 01-0403.txt The City Planning Board at its regular meeting held Tuesday, March 27, 2001, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right-of-way with various architectural public works improvements within the Allentown corridor. The applicants have been working with the Allentown Association, The district Councilmember's office, the Department of Public Works and the Division of Land Use Planning of the Mayor's Office of Strategic Planning. The Planning Board voted to approve the encroachments with the conditions that have been set by the Buffalo Preservation Board. RECEIVED AND FILED NO. 8 LAMAR ADVERTISING 222 GOODELL ST. BILLBOARD SIGN ITEM NO. 97, C.C.P. 2/6/2001 The City Planning Board at its regular meeting held Tuesday, March 27, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code Application for Ground sign, pole sign or billboard. The applicant seeks to erect an illuminated 141x481x501 billboard sign to be located at 222 Goodell Street. This request is combined with the removal of a lower billboard at a nearby location. The Planning Board voted to deny the proposed billboard sign and is distressed that the Common Council would have approve this request without any input from the Planning Board. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 RESULTS OF NEGOTIATIONS FOR THE 31 CAPEN BLVD. LOT SIZE: 28'X 127' IRREGULAR ASSESSED VALUE: $1, 900 The Office of Strategic Planning, Division of Real Estate, has a request from Michael D. Hughes and Sherri Hairston-Hughes of 33 Capen Blvd., Buffalo, New York to acquire the above captioned property for extra yard space. The City acquired the above parcel in 1996 through an exchange for a portion of Windemere Blvd., Item # 161, C.C.P. 11/28195. The City of Buffalo then negotiated with Marrano Marc Equity to purchase a portion of the parcel (approx. 162' x 127') in the amount of $30,981.42, pursuant to Item #109, C.C. P. 10/5/00. A small triangular shaped portion remained city owned. Two independent appraisers of the property have indicated the value of the parcel to be Fifty-Five Thousand Dollars ($5,500.00) or Three Dollars ($3.00) per square foot. Mr. & Mrs. Hughes have agreed and are prepared to pay Fifty-Five Hundred Dollars ($5,500.00) for the parcel. They have also agreed to pay for the cost of the appraisals, transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 31 Capen Blvd. to Michael D. Hughes & Sherri Hairston-Hughes in the amount of Fifty-Five Hundred Dollars Page 6 01-0403.txt ($5,500.00). We are further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 RESULTS OF NEGOTIATIONS 483 MADISON, 45.09' N SYCAMORE VACANT LOT: 25' X 109' ASSESSED VALUATION: $1,300. The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 483 Madison Avenue from Ms. Kimberly Hunley, 485 Madison Avenue, Buffalo, New York, 14212. Ms. Hunley owns a one family home at 485 Madison Avenue, which adjoins 483 Madison Avenue. She intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Thomas P. Tighe of R. W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Five Hundred Dollars ($500), Eighteen Cents (.18) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Hunley has agreed and is prepared to pay Five Hundred Dollars ($500) for the subject property. 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 483 Madison Avenue for Five Hundred Dollars ($500). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 RESULTS OF NEGOTIATIONS 375 RILEY, 395' E JEFFERSON VACANT LOT: 30' X 97' ASSESSED VALUATION: $1,800 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 375 Riley Street from Ms. Alice Atwood, 371 Riley Street, Buffalo, New York 14208. Ms. Atwood owns a single home at 371 Riley Street, which is adjoining to 375 Riley Street. She intends to use the property for extra yard space. The Office of Strategic Planning and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Thomas P. Tighe of R. W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Five Hundred Dollars ($500), Seventeen Cents (.17) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Atwood has Page 7 01-0403.txt agreed and is prepared to pay Five Hundred Dollars ($500) for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 375 Riley Street in the amount of Five Hundred Dollars ($500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RESULT OF NEGOTIATIONS 49 YOUNG, 1101 N GRIMES LOT SIZE: 301 X 1201 ASSESSED VALUATION: $3,600 51 YOUNG, 140' N GRIMES LOT SIZE:301 X 1201 ASSESSED VALUATION: $3,600 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Ms. Jacqueline A. Richardson, 10 Grimes Street, Buffalo, New York 14212. Ms. Richardson owns a two family home at 10 Grimes Street, which adjoins 49 and 51 Young 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 David Burnette of Arrow Appraisal, 3790 Broadway Street, Cheektowaga, New York 14227. He has estimated the value of the properties to be One Thousand Six Hundred Dollars ($1,600), Twenty-Two Cents (.22) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Richardson has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600) for the subject properties. 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 49 and 51 Young Street to Ms. Jacqueline A. Richardson in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 13 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 615 CLINTON (CITY OWNED-VACANT LOT, DIMENSIONS 27' X 106') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 615 Clinton Street, Buffalo, New York 14210, parcel is 27' x 106' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Ann Johnson residing at 617 Clinton Street indicated that she will clean, improve and maintain the lot in the event Page 8 01-0403.txt 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. Ann Johnson on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 212 LOEPERE (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 108') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 212 Loepere Street, Buffalo, New York 14211, parcel is 30' x 108' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Antonina Hypnarowski residing at 214 Loepere Street indicated that she will clean, improve an, maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property, code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property, and be transferred to Mrs. Antonina Hypnarowski on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 208 MARYLAND (CITY OWNED-VACANT LOT, DIMENSIONS 22' X 88' The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 208 Maryland Street, Buffalo, New York 14201, parcel is 22' x 88' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Antonio Ferreira and Mrs. Josephine Ferreira residing at 210 Maryland Street indicated that the will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Antonio Ferreira and Mrs. Josephine Ferreira on the condition that the property is cleared and improved within (6) Page 9 01-0403.txt months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 113 MONTANA (CITY OWNED-VACANT LOT, DIMENSIONS 30' X109') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 113 Montana Street, Buffalo, New York 14215, parcel is 30' x 109' in dimension and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Rodney Scott residing at 109 Montana Street indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Rodney Scott 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 a portion of 113 Montana 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. Rodney Scott, residing at 109 Montana Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -12 NOES - 0 NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 3 42 MOSELLE (CITY OWNED-VACANT LOT, DIMENSIONS 2 8' X 112') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 342 Moselle Street, Buffalo, New York 14211, parcel is 28' x 112' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Augustus R. Donaldson, Sr. residing at 340 Moselle Street indicated that he will clean, improve a maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred Page 10 01-0403.txt to Mr. Augustus R. Donaldson, Sr. on the condition that the property is cleared and improve within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 27, 2001, be received and filed; and That the city-owned property commonly known as a portion of 342 Moselle Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Augustus R. Donaldson, Sr., residing at 340 Moselle Street, for the amount of One Dollar ($ 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 53 ORANGE (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 100') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 53 Orange Street, Buffalo, New York 14204, parcel is 30' x 100' 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. Clementine Spencer residing at 51 Orange Street indicated that she will clean, improve an, maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Clementine Spencer on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 277 SOBIESKI (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 99') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 277 Sobieski Street, Buffalo, New York 14211, parcel is 30' x 99' in dimension; and it has been determined that t parcel is inappropriate for either the construction of new housing or needed for public purposes, Ms. Catriena Thomas residing at 273 Sobieski Street indicated that she will clean, improve and maintain the in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property c violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to Page 11 01-0403.txt be designated as a Homestead Property and transferred to Ms. Catriena Thomas on the condition that the property is cleared and improved within (6) months a maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 27 STANTON (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 105') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 27 Stanton Street, Buffalo, New York 14211, parcel is 30' x 105' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Mose Young and Mrs. Ella Mae Young residing at 25 Stanton 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. Mose Young and Mrs. Ella May Young on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 21 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 934 SYCAMORE (CITY OWNED-VACANT LOT, DIMENSIONS 38' X 107') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 934 Sycamore, Buffalo, New York 14212, parcel is 38' x 107' in dimension; and it has been determined if this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Sharon D. Jones residing at 926 Sycamore Street indicated that she will clean, improve a maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Sharon D. Jones on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 95 WASMUTH (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 105' Page 12 01-0403.txt The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 95 Wasmuth Street, Buffalo, New York 14211, parcel is 30' x 105' in dimension and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Angel L. Reyes residing at 97 Wasmuth Avenue 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. Angel L. Reyes on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 23 USE 887 & 895 KENSINGTON FOR TOT LOT ITEM NO. 201, C.C.P. 3/20/2001 The above referenced item is a resolution that, if approved, directs the Departments of Public Works and Real Estate to initiate the process for the establishment of a tot-lot at the above City owned lots. It appears from the resolution that this will be a public facility built with Bock Grant Funds and will be managed and maintained by several area block clubs. The Block Clubs will have to enter into a contract agreement and provide required liability insurance. Also, please be advised that according to Division of Real Estate's records, a title report preformed in 1998, indicates there are problems with the title to 887 Kensington. The City of Buffalo acquired 887 & 889 Kensington through condemnation proceedings. However, the deed conveying title to the City of Buffalo did not transfer all of 887 Kensington from the Estate of Leonard and Chester Rothenberg. To-date the issue of title to a portion of 887 Kensington has not been resolved. Therefore, prior to development of the Tot Lot the title issue needs to be resolved. The Division of Real Estate will contact the Corporation Counsel Office and request assistance in resolving the title problem. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 24 AUDITED FINANCIAL STATEMENTS OF BUFFALO MUNICIPAL WATER FINANCE AUTHORITY FOR YEARS ENDED JUNE 30, 2000 AND 1999 WITH REPORT OF INDEPENDENT AUDITORS, This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Municipal Water Finance Authority for the years ended June 30, 2000 and 1999 with Report of Independent Auditors, Ernst & Young, LLP, have been distributed to members of Page 13 01-0403.txt the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE BUFFALO WATER BOARD NO. 25 AUDITED FINANCIAL STATEMENTS OF BUFFALO WATER BOARD FOR YEARS ENDED JUNE 30, 2000 AND 1999 WITH REPORT OF INDEPENDENT AUDITORS This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the years ended June 30, 2000 and 1999 with Report of Independent Auditors, Ernst & Young, LLP, have been distributed to members of the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATIO1 FINANCE AND THE BUFFALO WATER BOARD NO. 26 CAPITAL DEBT SERVICE FUND DEPOSITS - 2000/2001 FISCAL YEAR Certificate Number 3-00/01 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2000 and ending June 30, 2001 I, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is $52,973,240.68. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2000 through Page 14 01-0403.txt and including November 30, 2000), is $20,890,156.31. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2000 through and including June 30, 2001), is $32,083,084.37. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2000 and ending December 3 1, 2000 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: ObligationAmount DueDate Due Place Due Serial Bonds $3,346,767.51Jul. 31, 2000 M & T Trust Company Buffalo, New York Serial Bonds 287,033.75Jul. 31, 2000 Chase Manhattan Bank, NA New York, New York Serial Bonds 1,308,868.75Jul. 31, 2000 HSBC New York, New York Serial Bonds 454,186.25 Aug.14,2000 Chase Manhattan Bank, NA New York, New York Serial Bond 494,280.00 Aug.14,2000 HSBC New York, New York Serial Bond 2,120,000.00Aug.15,2000 HSBC New York, New York Serial Bonds 62,240.00 Aug.31,2000 HSBC New York, New York Serial Bonds 70,515.00 Sept. 29, 2000 Chase Manhattan Bank, NA New York, New York Serial Bonds 308,780.00 Sept. 29, 2000 HSBC New York, New York Serial Bonds 19,322.50 Sept. 29, 2000 Chase Manhattan Bank, NA New York, New York Serial Bonds 509,041.25 Sept. 29, 2000 M & T Trust Company Buffalo, New York Serial Bonds 1,965,000.00 Sept. 29, 2000 HSBC New York, New York Serial Bonds 161,212.50 Nov 1, 2000 Chase Manhattan Bank, NA New York, New York BANS 280,194.44 Nov 15, 2000 M & T Trust Company Buffalo, New York Serial Bonds 1,783,538.11Nov 30, 2000 M & T Trust Company Buffalo, New York Serial Bonds 683,528.75 Nov 30, 2000 HSBC New York, New York Serial Bonds 324,647.50 Nov 30, 2000 Chase Manhattan Bank, NA New York, New York Serial Bonds 3,731,000.00Dec. 1, 2000 M & T Trust Company Buffalo, New York Serial Bonds 1,950,000.00Dec. 1, 2000 Chase Page 15 01-0403.txt Manhattan Bank, NA New York, New York Serial Bonds 1,030,000.00Dec. 1, 2000 HSBC New York, New York $20,890,156.31 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 2000 is $20,890,156.31. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2001, and ending June 30, 2001, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date DuePlace Due Serial Bonds $3,346,767.49 Jan.31,2001M & T Trust Company Buffalo, New York Serial Bonds 287,033.75Jan.31,2001Chase Manhattan Bank, NA New York, New York Serial Bonds 1,308,868.75Jan.31,2001HSBC New York, New York Serial Bonds 11,710,000.00Feb. 1, 2001M & T Trust Company Buffalo, New York Serial Bonds 815,000.00Feb. 1, 2001Chase Manhattan Bank, NA New York, New York Serial Bonds 2,955,000.00Feb. 1, 2001HSBC New York, New York Serial Bonds 454,186.25Feb. 14, 2001Chase Manhattan Bank, NANew York, New York Serial Bonds 428,560.00Feb. 14, 2001HSBC New York, New York Serial Bonds 1,820,000.00Feb. 15, 2001Chase Manhattan Bank, NA New York, New York BANS 130,200.00Feb . 23, 2001M & T Trust Company Buffalo, New York Serial Bonds 62,240.00Feb. 28, 2001HSBC New York, New York Serial Bonds 1,945,000.00Mar. 1, 2001New York, New York Serial Bonds 70,515.00Mar. 30, 2001Chase Manhattan Bank, NA New York, New York Serial Bonds 509,041.25Mar. 30, 2001M & T Trust CompanyBuffalo, New York Serial Bonds 254,742.50Mar. 30, 2001Marine Midland Bank New York, New York Serial Bonds 19,322.50Mar. 30, 2001Chase Manhattan Bank, NA New York, New York Serial Bonds 1,060,000.00Mar. 30, 2001Chase Manhattan Bank, NA New York, New York Serial Bonds 2,295,000.00Mar. 30, 2001M & T Trust Company Buffalo, New York Serial Bonds 22,567.50May 1, 2001Chase Manhattan Bank, NANew York, New York Serial Bonds 85,000.00May 1, 2001Chase Manhattan Bank, NANew York, New York Serial Bonds 1,674,180.21May 31, 2001M & T Trust CompanyBuffalo, New York Serial Bonds 656,776.25May 31, 2001Marine Midland Bank New York, New York Serial Bonds 283,697.50May 31, 2001Chase Page 16 01-0403.txt Manhattan Bank, NA New York, New York $32,193,698.95 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2000 is $32,193,698.95. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 2/00/02 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of March, 2001 RECEIVED AND FILED No. 27 Certificate of Necessity Increased Appropriation Solid Waste Enterprise Fund We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $200,000 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - Solid Waste - Auditing Services to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the revenue account 52510015 - 340000 Solid Waste - Charges for Services not otherwise appropriated for any other purpose. The detail of the requirement is set forth below: To: 52002606 - Solid Waste - Refuse & Recycling 432001 - Auditing Services $200,000 RECEIVED AND FILED No. 28 Certificate of Necessity Transfer of Funds Parking Meters & Enforcement Towing & Storage Operations We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $1,805 be transferred and reapproprated from the Division of Parking Meters & Enforcement, as set forth below: From: Capital Outlay 11413007-474200 Parking Meter & Enforcement - Vehicles $1,219 11413 007-474 100 Parking Meter & Enforcement - Equipment $ 586 To: Capital Outlay 11412007-474200 Towing & Storage Operations - Vehicles $1,805 RECEIVED AND FILED Page 17 01-0403.txt No. 29 Certificate of Necessity Transfer of Funds Division of Budget and Management Division of Engineering We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $452,000 be transferred and reapproprated from the Division of Budget and Management, as set forth below: From: Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $452,000 To: Capital Project Fund 31651206 - Main Humboldt Right-of-Way Enhancements $75,000 36320106 - McKinley Monument Structural Analysis $40,000 31751406 - Ferry St. Lift Bridge Rehab $30,000 36320206 - Lanigan Community Center Master Plan $20,000 36310106 - Elmwood Avenue Bryant to North $75,000 31840706 - Genesee Street Reconstruction $150,000 31851306 - Broadway Garage Study $32,000 36320406 - Co-Generation/District Heat Planning Studies $30,000 Total $452,000 RECEIVED AND FILED NO. 30 General Fund Gap Sheet Second Quarter 2000-2001 Pursuant to the requirements of the City Charter, I am filing with the Common Council my review of the General Fund Gap Sheet submitted to the Council by the director of the budget. It is my opinion that my office has no serious disagreements or issues with the gap sheet as submitted by the director of the budget and management office. The interim report accurately reflects the position I am taking with regard to a change in accounting for the state spin-up aid, resulting in an improvement in the projected year-end surplus of $3.035 million. I believe the budget director's gap sheet has provided the Common Council with reliable estimates of the city's financial status as of the date of its preparation. I'm obviously concerned about the projected $39.39 million budget gap for the 2001-2002 Fiscal Year which appears to be growing week by week and is now more accurately approaching $43 million. The projected shortfall, I'm sure, is of equal concern to your Honorable Body, and I recommend the most serious attention by the Council to this growing fiscal problem. Projected state aid estimates, at this time, appear to be well short of our likely gap, thereby creating the need for even more caution in fiscal matters. As Page 18 01-0403.txt always, I am available to answer any questions you might have regarding city finances. REFERRED TO THE COMMITTEE ON BUDGET NO. 31 Municipal Bond Bank We are currently planning a bond sale to clear by the third week in May, contingent upon final agreement between the Board of Education and the BTF on the amount needed to cover the settlement. We now believe, based on recent conversations with Board of Ed representatives, that the board is now looking to make payment to the teachers by early June, a month later than previously estimated. That new timetable has pushed our timetable back for the bond sale. We anticipate no problem in this new schedule, and actually the extra time may benefit our cash position. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE PRESIDENT OF THE COUNCIL NO. 32 Real Estate Ellicott Houses Niagara Mohawk Electricity As you know we have been working with the New York State Division of Housing and Community Renewal to redevelop the Ellicott House Project. We have been awarded the Low Income Housing Tax Credit reservation and the Housing Trust Fund Loan to make the redevelopment possible, We are currently in the final planning stage of the Phase I development and we are in the process of forming a new Limited Partnership to redevelop the project. We are aware of the current financial crisis related to the outstanding balances to Niagara Mohawk and the desire of the Common Council to make a loan to the existing owners to keep the power on. As t related to you in our telephone conversation, we will provide from our development budget to refund this loan to the City at the time of closing to the new partnership on the construction loan. If you need any additional information relative to the project performance, please feel free to contact me directly. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMPTROLLER AND THE DIVISION OF STRATEGIC PLANNING No. 33 Independent Health Prop. Implementation of Medicare Carve-Out Rates In response to your letter of March 9, 2001, and Independent Health's proposed implementation of Medicare carve-out rates for the City's 7-1-2001 renewal. I must reiterate to you that the City of Buffalo cannot accept this late rate submission for the upcoming fiscal year. Not only has your company missed the City's rate submission deadline for the renewal, you are asking us to re-budget retiree medical costs for the upcoming fiscal year at a almost $250,000 increase over the your standard 3 tier retiree rates submitted on a timely basis along with your active employee rates. If you persist in attempting to force this, yet to be approved, Page 19 01-0403.txt rate increase on the City, Commissioner O'Hara has advised me that she is willing to drop Independent Health as one of the HMO's offered to City employees and retirees. We are not prepared to retool and reprogram our computers with Open Enrollment just around the corner in order to be the first employer to offer your more expensive rates to those with Medicare as their primary coverage. If you would like to re-address this issue for the 7-1-2002 to 6-30-2003 fiscal year, please give us some lead-time and initiate the discussion by January 2002. REFERRED TO THE COMMITTEE ON BUDGET No. 34 RECOMMENDATIONS CONCERNING SUBSEQUENT AGREEMENTS FOR ADELPHIA INNER HARBOR PROJECT WHEREAS, Erie County desires to promote development and job creation within the City of Buffalo and the County of Erie, and WHEREAS, the Adelphia Development project provides an opportunity to create jobs provide additional assurances of the Sabres remaining in the city of Buffalo, and will lead to the construction of a significant new office tower in Buffalo's Inner Harbor area, and WHEREAS, Erie County, Adelphia Communications, Empire State Development Corporation, the City of Buffalo, the Erie County industrial Development Agency, and the City of Buffalo Urban Renewal Agency desire to enter into a Memorandum of Understanding (MOM outlining the obligations of each entity to allow for the implementation of the Adelphia project and WHEREAS, in as much as the Commissioner of the Department of Environment and Planning served as the county's principal representative in negotiations concerning this project, members of the Legislature have only very recently become fully aware of the details of this proposal, and WHEREAS, the MOU commits the county to, among other things, a significant financial contribution to infrastructure adjacent to the proposed office tower, and. WHEREAS, other details of the proposal that concern legislators involve the lack of a job retention guarantee, the lack of inclusion of language concerning the future operation of the Buffalo Sabres the lack-of any language concerning the labor or minority and women business enterprise participation goals, and WHEREAS, an additional concern involving job training could be addressed through supporting a partnership with ECC's neighboring city campus, and WBEREAS, a final concern involves the inclusion of language on page 12 of the MOU suggesting that the county and city jointly support a request to the: town of Tonawanda that any non-hazardous contaminated soil removed from the project be deposited in the Tonawanda landfill, and WHEREAS, as was stated previously, in as much as the Legislature was not a principal at the negotiating table during this process, it is altogether fitting and proper that the Legislature move forward with approval of the MOU while making a series of recommendations for changes that could be subsequently incorporated that address the several Concerns that members have about the details of the proposal, NOW. THEREFORE, BE IT Page 20 01-0403.txt RESOLVED, that the Erie County Legislature does hereby express its support for the Memorandum of Understanding (MOLT) as written concerning the Adelphia project, and be it further RESOLVED, that this Honorable Body does hereby make the following recommendations to the afore mentioned.entities for potential adjustment of the final documents to approve the project, as follows: 1. That county, city and state leaders continue to pursue the inclusion of contractual language guaranteeing the existence of the jobs that Adelphia is prepared to create in Buffalo, Erie County, Western New York and New York State for a specific period of time; 2. That an affirmative statement be made within subsequent documents suggesting that the Buffalo Sabres will remain in Buffalo and Western New York, 3. That officials involved with the construction of the office tower and parking and parking ramp consider the following: a.That in light of the tremendous success realized in other areas, particularly the county's own Family Courthouse Project, implementation of a Project Labor Agreement (PLA) or similar labor accord which will offer equal opportunity to all segments of the construction industry, be considered, b.That construction management for the office tower and parking ramp consider establishment of goals and objectives concerning minority and women-owned business enterprise and labor involvement, and that they further consider the model employed with the county's Family Courthouse Project which currently enjoys the highest level of minority and women owned business enterprise involvement in the history of this county. 4.That in light of Adelphia's need for job training resources associated with the creation of additional jobs in downtown Buffalo, that Adelphia seriously consider a partnership with Erie Community College for these purposes, with ECC's City Campus as a logical choice, given its proximity to the proposed Adelphia location; That language concerning the county's role in seeking disposal of non-hazardous contaminated soil in the town of Tonawanda be eliminated. And be it further RESOLVED, that certified copies of this resolution be sent to the Budget Director, the Commissioner of Environment and Planning, the County Comptroller and the County Attorney. REFERRED TO THE TASK FORCE ON STADIUM AND AUDITORIUM No. 35 MEMO OF UNDERSTANDING ADELPHIA PROJECT I HEREBY CERTIFY, That at the 6th Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the First day of March A.D., 2 001, a Resolution was adopted, of which the following is a true copy: Page 21 01-0403.txt WHEREAS, Erie County desires to promote development and job creation within the City of Buffalo; and WHEREAS, the Adelphia Development project provides an opportunity to create jobs, provide additional assurances of the Sabres staying in Buffalo and lead to the construction of a significant new office tower in the inner harbor area, and WHEREAS, Erie County, Adelphia Communications, Empire State Development Corporation, the City of Buffalo, the Erie County Industrial Development Agency and the City of Buffalo Urban Renewal Agency desire to enter a memorandum of understanding outlining the obligations of each entity to allow for the implementation of the Adelphia Project; and NOW, THEREFORE, BE IT RESOLVED, that the County Executive is authorized to enter in the memorandum of understanding with Adelphia Communications, Empire State Development Corporation, the City of Buffalo, the Erie County Industrial Development Agency and the City of Buffalo Urban Renewal Agency, outlining the responsibilities as required to implement the Adelphia Project, and be it further RESOLVED, that certified copies of this resolution be sent to the Director of Budget and Management, Commissioner of Environment and Planning, the County Comptroller and the County Attorney. REFERRED TO THE TASK FORCE ON STADIUM AND AUDITORIUM No. 36 Reversal of Traffic direction-Claremont & Bird Attached filing available in City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No. 37 Certificate of Appointment Appointment Effective: March 19, 2001 In the Department of Assessment and Taxation To the Position of Account Clerk Permanent Appointment Step 3 at the starting salary of $26,411 Jacqueline M. Bald 147 O'Connell Avenue Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 38 Notification Serial #9265 Truck Routes - Repeal Vulcan Street - south side between Niagara Street and Tonawanda Street TRUCK ROUTES - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty-five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 2 of Section 40 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by Page 22 01-0403.txt repealing therefrom the following: TRUCK ROUTES STREET PORTION OF STREET Vulcan Street - south side between Niagara Street and Tonawanda Street This action is being taken in conjunction with similar recent action taken by the Town of Tonawanda and in support of Common Council resolution #198 of March 20, 2001. Notification Serial 49266 Repeal One-Way Street Direction West Eagle Street - westbound from Pearl Street to Franklin Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT West Eagle Street westbound from Pearl Street to Franklin Street Notification Serial #9267 Install One-Way Street Direction Niagara Street - southeastbound from Franklin Street to West Eagle Street ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Niagara Street southeastbound from Franklin Street to West Eagle Street RECEIVED AND FILED No. 39 Report of Bids Striping of Crosswalks - Various City Streets -2001 This is to advise Your Honorable Body that I have advertised and received bids on March 28, 2001 for the Striping of Crosswalks -Various City Streets - 2001. 1 have asked for bids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. Page 23 01-0403.txt The following bids were received: 1. Buffalo Sealer and Striping Company $48,210.00 2. Accent Stripe, Inc. $49,476.00 I hereby certify that the lowest responsible bidder for this project is Buffalo Sealer and Striping Company. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Bond Fund 430032106 in an amount of $48,2 10.00 plus approved unit prices for an additional amount of $4,821.00, for a total encumbrance of $53,03 1.00. The engineer's estimate for this work is $70,000.00. The attached is certified to be a true and correct statement of the bid received. The bid submission is available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 Report of Bids Striping of Lane Lines - Various City Streets - 2001 This is to advise Your Honorable Body that I have advertised and received bids on March 28, 2001 for the Striping of Lane Lines -Various City Streets - 2001. 1 have asked forbids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. The following bids were received: 1. Accent Stripe, Inc. $22,100.00 I hereby certify that the lowest responsible bidder for this project is Accent Stripe, Inc. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Bond Fund #30032106 in 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. The engineer's estimate for this work is $30,000.00. The attached is certified to be a true and correct statement of the bid received. The bid submission is available in our office for inspection and copies are available upon request. REFERRED TO THE C0MMITTEE ON FINANCE NO. 41 Report of Bids LaSalle Park Tree Planting I have previously received permission to take bids for the above project (Item No. 59, CCP 7/27/99) and have asked for and received the following bids for the LaSalle Park Tree Planting on March 28, 2001: Company Base Bid N.A. Cudeck LTD $35,524 Titan Development 43,175 Birch Grove Landscaping Page 24 01-0403.txt 44,900 McVan Landscaping 45,300 Ackerman Mechanical 48,000 Scott Lawn Yard 49,199 Gleason's Nursery 51,189 Yarussi Construction 54,900 Village Green Landscaping 59,740 Designer's Estimate $44,000 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $35,524. Therefore, N.A. Cudeck, LTI 348 Colvin Avenue, Buffalo, New York 14216, is the lowest responsible bidder in accordance with the plans & specifications. I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Fund 35310106. 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 award a contract for LaSalle Park Tree Planting, to N.A. Cudeck, LTD., the lowest responsible bidder, in the amount of $35,524. Funds for the project are available in Bond Fund 35310106. Passed. AYES - 12 - NOES - 0 No. 42 Change in Contract 91995000 Allendale Theater Interior Renovation - Electrical During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recoiiaii~2n that the following changes be made to Contract 91995000 with Tunney Electric, Inc.: Supply power to the instant hot water tank which was required for this special unit. Add $500 Furnish and install photoeye for alley spotlight and control switch for parking lot area light. Add $155 Adjustment for extended special OCP insurance and wage increase due to contract extensions. Add $325 Total Add $980 Page 25 01-0403.txt Summary: Existing Contract Amount $118,428 Amount of this Increase 980 New Contract Amount $119,408 Foit-Albert Associates, Project Architects have reviewed and approved all of these costs. Funds for this extra work are available in MUNIS 34640106. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Tunney Electric, Inc. as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 19, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Tunney Electric, Inc., an increase in the amount of $980.00, as more fully described in the above communication, for work relating to Allendale Theater Interior Renovation, Electrical Contract 91995000. Funds for this project are available in MIJNIS 34640106. Passed AYES - 12 - NOES - 0 No. 43 Change in Contract 92010315 Broadway Market - Plumbing During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010315 with W.C. Roberson Plumbing & Construction Corp.: Furnish and install 4 P-Traps complete with required select fill and concrete to replace those that were plugged solid and could not be cleared at $575 each. Add $2,300 Furnish and install 17 pairs of painted, 2 '1/2" diameter, concrete filled, steel bollards to protect new storm water drain pipes from being hit by vehicles at $148.70/pair Add $2,528 Total Add $4,828 Contract Summary Original Contract Amount $52,866 This Increase 4,828 New Contract Amount $57,694 The costs have been reviewed by Architectural Resources, the consultant on this project and found to be reasonable. Funds are available in MUNIS 30339006. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to W.C. Roberson Plumbing & Construction Corp., as outlined above. Page 26 01-0403.txt Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 29, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to W.C. Roberson Plumbing & Construction Corp., an increase in the amount of $4,828.00, as more fully described in the above communication, for work relating to the Broadway Market, Plumbing Contract 92010315. Funds for this project are available in MUNIS 30339006. Passed AYES - 12 - NOES - 0 No. 44 Third Change in Contract 91994900 Allendale Theater Interior Renovations - Plumbing During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91994900 with M.K.S. Plumbing, Inc. Furnish and install new 3" vent stack since existing piping was found to be undersized and unusable. Add $1,202 Temporary connections to keep waste and water lines available for upper floor use during the construction. Add $ 310 Total Add $1,512 Summary: Existing Contract Amount $68,497.97 This Increase Add 1512.00 New Contract Amount $70,009.97 Foit-Albert Associates, Project Architects have reviewed arid approved all or these costs. Funds for this extra work are available in MUNIS 34640106. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to M.K.S. Plumbing, Inc. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 19, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to M.K.S. Plumbing, Inc., an increase in the amount of $1,512.00, as more fully described in the above communication, for work relating to the Allendale Theater, Interior Renovations, Plumbing Contract 91994900. Funds for this project are available in MIJNIS 34640106. Passed AYES - 12 - NOES - 0 No. 45 241 Lafayette Avenue; Parking Within Right of Way Sister Maureen Quinn, of the Sisters of St. Mary of Namur, located at 241-245 Lafayette Avenue, has requested Page 27 01-0403.txt permission to encroach City right of way with an asphalt parking area surrounded by fencing at said address. The Sisters of St. Mary of Namur are constructing an administration building addition at 241 Lafayette Avenue, and the proposed plan includes a large parking area located primarily on private property. However, a portion of the parking area, measuring 50' x 10', would be located on City right of way. The portion of right of way affected is located between the main sidewalk and the property line, does not impede pedestrian movement, and is identical to the parking area at 245 Lafayette Avenue which has existed for several years without incident. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) 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" to the applicant for said encroachment provided the following conditions are met: I . That the applicant obtain any and all other required City of Buffalo permits. 2. That the applicant be responsible for maintenance of said encroachments as long as they remain within City right of way. 3. That the applicant be responsible for relocation of any underground utilities affected by installation. 4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save hani-dess the City of Buffalo against any and all loss or damage arising out of the installation, use, or removal of said encroachments. Mrs. LoTempio Moved: That the above communication from the Department of Public Works, Parks and Streets dated March 29, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant permission to Sister Maureen Quinn, of the Sisters of St. Mary of Namur, located at 241-245 Lafayette Avenue, to encroach city right-of-way with an asphalt parking area surrounded by fencing at said address, subject to the conditions as listed above. Passed. AYES - 12 - NOES - 0 No. 46 Request permission to hire Engineering Consultants for Inspection Services Permission is requested from Your Honorable Body for our department to accept proposals and hire qualified engineering firms for inspection services related to infrastructure and utility work. Due to early retirement incentives, illness, numerous fiber optic projects and the revised capital budget sequencing we are in need of consultant inspection services to monitor construction projects. Contract amounts are not expected to exceed $50,000 and funds are available in our Capital Projects Accounts #34310506, 35310806, and 30032106 REFERRED TO THE COMMITTEEON FINANCE AND COMMISSIONER OF PUBLIC WORKS Page 28 01-0403.txt No. 47 3148 Main Street Requests Permission to install Sidewalk Cafe Mr. Tim Stevens, owner of Iberia Bar, located at 3148 Main Street, has requested permission to install a sidewalk caf6 which would encroach City right-of-way at said address. The proposed Caf6 would measure twenty-two feet (22') in length and project ten feet (10') from the building face into City right-of-way. The Department of Public Works, Parks and Streets has reviewed Mr. Stevens 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 to issue a "Mere License" for said sidewalk caf6 provided the following conditions are met: 1. That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk caf6 be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets, and the Department of Pen-nit and Inspection Services. 3.That the sidewalk caf‚ 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 caf‚ & be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk caf6 be completely removed from the 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 caf6 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 TEHE COMMITTEE FINANCE No. 48 South Park Golf Course Concession As authorized by your Honorable Body, this department prepared specifications for the South Park Golf Course Concession. The Division of Purchase took sealed bids on March 15, 2001. The single, March 15,2001 bid is as follows: Maritza Miller $2,508.30 16 Harding Road Buffalo, New York 14220 I hereby respectfully recommend award be made to the same. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award the South Park Page 29 01-0403.txt Golf Course Concession to Maritza Miller, in the amount of $2,508.30, the highest responsible bidder. Passed AYES - 12 - NOES - 0 NO. 49 SQUAW ISLAND PROJECT NYS ENVIRONMENTAL BOND STATE ASSISTANCE APPLICATION RESOLUTION The purpose of this item is to request a resolution authorizing the submission of an application for State assistance for landfill closure and park development pursuant to Title 5 of Article 54 of the New York State Environmental Conservation Law. WHEREAS, City of Buffalo, herein called the "Municipality", has hereby determined that certain work, as described in the State assistance application and any amendments thereof, herein called the "Project", is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized State assistance payments to municipalities for closure of municipal landfills and development of parks by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith; NOW THEREFORE, The Department of Public Works requests your Honorable Body approve an appropriate resolution as follows: 1That the Commissioner of Public Works is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid & Hazardous materials, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-7250 together with the application, arid 3. That this Resolution take effect immediately. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 29, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required in connection with the Squaw Island Project -New York State Environmental Bond State Assistance Application; that one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 40 Wolf Road, Albany, New York 12233-7250 together with the application; and this resolution take effect immediately. PASSED AYES -12 NOES - 0 NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective March 9,2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Dispatcher Permanent Appointment at the maximum starting salary of $29,278 Page 30 01-0403.txt Charles E. Buchanan, 128 A Altruria St., Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective March 19, 2001 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Maximum Starting Salary of $ 33,224 Richard M. Veroba, 24 Lester Street, Buffalo 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 52 CERTIFICATE OF APPOINTMENT Appointment Effective: March 19, 2001in the Department of Police to the Position of Cellblock Attendant, Permanent Appointment at the Intermediate Starting Salary of $ 25,774 Roger L. Sanna, 12 Hines Street, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 53 CERTIFICATE OF APPOINTMENT Appointment Effective: March 19, 2001in the Department of Police to the Position of Senior Cellblock Attendant, Permanent Appointment at the Maximum Starting Salary of: $ 30,035 Michael J. Drewniak, 220 Camden, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 54 TRUST & AGENCY FUND ACCOUNT The City of Buffalo Fire Department is requesting permission to create a Trust and Agency Fund Account. This account will be used for the depositing of pre-payments by members of the Buffalo Fire Department for the purpose of purchasing Buffalo Fire Department Millennium Year Books Thank you. Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated March 15, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to create a Trust and Agency Fund Account for depositing pre-payments by members of the Buffalo Fire Department for the purpose of purchasing Buffalo Fire Department Millennium Year Books. PASSED AYES -12 NOES - 0 NO. 55 W. JONES CONCERNS FIRE DEPT ITEM # 109 CCP 03/20/01 In the matter of the complaint by Firefighter Walter Jones of the Buffalo Fire Department, I have been advised by Corporation Counsel not to comment on the issue, which is currently under litigation. As soon as the legal aspects of the Page 31 01-0403.txt case are concluded, I will appear before the Committee on Civil Service to answer any questions that the members of that Committee may have. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 56 BUFFALO EQUAL OPPORTUNITY MINORITY, WOMEN, SMALL AND LOCAL BUSINESS ENTERPRISES EMERGENCY ACT--2001 C. C. P. 3/06/01 NO. 79 C.C.P., 3/20/01, NO. 55 At the Minority Business Enterprise Committee meeting of March 26, 2001 you asked for several items from the Law Department regarding the legal issues arising from the above-cited item. As noted in that Minority Business Enterprise Committee meeting, MBE or WBE participation goals set forth for professional services contracts under 3 of the proposed ordinance (C.C.P., 3/6/01, No. 71) are not governed by General Municipal Law. Professional services contracts are not deemed to be for public works or for acquiring goods governed by Article 5-A of the General Municipal Law. Rochester and Syracuse MBE/WBE materials Enclosed are copies of the ordinances from Rochester and Syracuse enacting; their respective Minority Business Enterprise ("MBE") and Women Business Enterprise ("WBE") programs., as well as MBE/WBE Utilization Report from Rochester and a Contract Compliance Report of June 1997 and a MBE/WBE Task Force Report of August 2000 from Syracuse. The latter two reports were used to review Syracuse's 1994 ordinance at sunset dates in 1997 and 2000. Neither cities have had their programs legally challenged. Rochester enacted its ordinances in 1992-94 following a disparity study with varying goals for participation by African Americans, -Hispanic Americans, and WBE firms. Rochester, N.Y., Ord. No. 92-3' .6 (Aug. 17, 1992); No. 93 )-397 (Nov. 15, 1993); No. 94-213 ) (July 14, 1994). In street construction contracts, Rochester has a goal of 6.7% African American firms participating, 211 Hispanic firms participating, and 1% WBE participation, for building construction contracts, the goals are 14.5% African American firms participation, 2.5% Hispanic firms participation, and 2.2% WBE participation. Rochester has participation goals for architectural services (21.7% African American, .6% Hispanic, and 3 ). 5% WBE), office supplies ($7,500 to African American firms, $2,500 to Hispanic firms, $35,000 to WBE), printing ($6,500 to African American firms, $2,500 to Hispanic firms, $20,000 to VVBE), training services and advertising and media services (6.6% African American, 0% Hispanic, 22 1, 7% WBE). Rochester also solicits bids from MBE and WBE firms for public works projects below the state statutory bidding threshold of $20,000. Syracuse enacted its MBE/WBE participation ordinance in 199 1, with a three-year sunset provision, which was reenacted in 1994, 1997, and 2000. Syracuse has participation goals of 9% NIBE and 6%'WBE. Syracuse, N.Y., Code ch. 42. Syracuse enacted this ordinance after a legal challenge by minority contractors to Syracuse's procurement practices, alleging a denial of opportunity to contract with that city. Syracuse conducted a disparity study Page 32 01-0403.txt and follow up studies for the enactment and reenactment of the ordinance. Syracuse uses compliance with its NME/WBE program as a determining factor in whether the lowest bidder is responsible. While there is no state statutory authority for Syracuse's ordinance, it was enacted as a local law under Syracuse's home rule powers under the New York Municipal Home Rule Law, arguing that these powers were not expressly preempted by the state. State Public Bidding Laws In our previous communication, C.C.P., 3/20/01, No. 55, we noted that under New York public bidding laws only two state statutes authorize municipalities to have meaningful participation of minorities and MBEs in their respective programs, Gen. Mun. Law 120-w(4)(e)(3) (bids for solid waste management projects), 691 (urban development action area policy and purposes). For bids on solid waste management projects, the State Legislature defined a "responsible" proposer to include consideration of "the willingness of the proposer to provide for meaningful participation of minority group persons and business enterprises in the conduct of the work," among other considerations (Such as adherence to existing labor standards and recognizing apprenticeship programs). Gen. Mun. L. 120-w(4)(e)(3). Neither this statute nor cases under it define what constitutes "meaningful participation" of minority business enterprises, apparently leaving discretion to the contracting municipality on this one factor. This is the only reference tying a responsible bidder or proposer to inclusion of XME participation, but again it is only applicable to this limited area of solid waste management procurement. Cases describing what constitutes "responsible" under General Municipal Law 103(l) have included the bidder's compliance with the specifications-, the moral character, including prior criminal or corrupt activities; whether the bidder bid on the work for a proscribed purpose (such as to illegally assign the work to another party),- the skill, judgment and integrity of bidder; solvency and creditworthiness of a bidder; bidder's violations of Labor Law. To date, there are no cases construing whether non-compliance with a MBE/WBE participation program renders a bidder no longer responsible. One policy stated by the State Legislature in the Urban Development Action Area Act is that "in order to assure that each segment of our society, particularly enterprises experienced in the construction of one to four family residential structures and business enterprises which are controlled by members of minorities, is accorded a real and proper ability to participate in projects to be undertaken pursuant to this article, it must be the public policy of each municipality operating pursuant to the provisions hereof to take such initiatives as are appropriate to effect such participation." Gen. Mun. L. 69 1. That act does not define minority or what was intended by according a "real and proper ability to participate in projects" or what constitutes appropriate" initiatives. There is no case law interpreting this act or that provision. That act is for redevelopment of municipally owned property acquired through urban renewal. Thus, in those two instances the City may insist upon MBE participation consistent with state law. Other areas of municipal procurement do not have this same express authorization. Outside of the context of solid waste management projects or urban development action areas, MBE or'WBE participation goals set forth in I and 2 of the Page 33 01-0403.txt ordinance would be exceptions from the public bidding laws seeking the lowest responsible bidder, Gen. Mun. Law 103(l), see Charter 30-5. Disparity: Study A disparity study would establish past (and present) discrimination in the underutilization of minority groups and women-owned businesses in City contracts. Such a study would identify the appropriate percentage for the MBE/WBE participation goals for the groups within MBE and WBE, and which areas of procurement the goals program should govern. The disparity study the administration proposes will answer many of the questions and suppositions about the circumstances of City procurement and MBE/WBE participation therein and provide a factual basis for this Council's actions. The United States Supreme Court, in City of Richmond v. JA. Croson Co., 488 U.S. 469, 504 (1989), held that "while the States and their subdivisions may take remedial action when they possess evidence that their own spending practices are exacerbating a pattern of prior discrimination, they must identify that discrimination, public or private, with some specificity before they may use race-conscious relief " Id. at 504. A disparity study or any other evidence establishing prior discrimination is needed to provide the factual record for the compelling state interest. All this is needed to show that "'a strong basis in evidence for [the City's] conclusion that remedial action was necessary, Croson supra, 488 U.S. at 510 (quoting Wygant v. Jackson Bd. of Educ., 476 U.S. 267, 2_77 (1986)). The proposed disparity study also would provide the factual predicate of any past or present discrimination to warrant participation goals (and sufficient proof of that factual predicate), and furnish proof that the relief is narrowly tailored in its duration and scope, See Croson, 488 U.S. at 497 (plurality opinion). This department, with the Departments of Public Works, Parks and Streets-, Administration and Finance-, Community Services; and others interested within City government, is drafting the Request for Proposals ("RFP") to identify the consultant to conduct tile disparity study. We have also conferred with the Minority Business Enterprises Legal Defense and Education Fund and other consultants on how to conduct the disparity study and on the drafting of the RFP. There have been advances in these disparity studies since first required by 0-o.wil in 1989. Given the facts that this Council will need to rely upon its finding to justify its actions in enacting any participation goals program and the possibility of legal challenge to the subsequently enacted program and the study, we need to take care in the selection of the consultant in reviewing the proposers competence, knowledge, experience, reputation, skill, study approach and work plan, and cost. This department is circulating a draft of the RFP for comments as well as discussing the timeline for publication and notification of the RFP and the deadlines for proposals and ultimate selection. We have identified consultants who have conducted disparity studies for other jurisdictions and will notify these firms, as well as the State University of New York at Buffalo, of the RFP. Interim Relief The Minority Business Enterprise Committee also sought proposals for interim measures that the Common Council could enact while undertaking a disparity study. Note, that any such measures may effect the outcome of the disparity Page 34 01-0403.txt of MBE/WBE participation and possibly distort any subsequent disparity study. Such measures, however, may obviate a need for participation goals. In the Minority Business Enterprise Committee, various suggestions were presented for legislation this Council could enact immediately to address the procurement issues raised by the proposed ordinance. Many of these items are race- and gender-neutral, hence outside of the Equal Protection Clause strict scrutiny analysis. Programs mentioned include subcontractor outreach programs, commercial nondiscrimination laws, procurement reform (for example, bid reforms, accelerated payment, easing bonding requirements), bonding and management readiness and training programs, splitting or scoing prime contracts, subcontractor loan programs and other small business assistance, and insistence on equal treatment and no discrimination among subcontractors by prime contractors. Many of these programs already exist in some form (such as bonding and management readiness through BERC). We need to study these programs, to see if the proposed programs are consistent with New York State procurement law, and to determine the ramifications of these programs on City procurement generally before drafting proposed legislation. A disparity study could also include review of these proposed programs to see their effect upon the disparity in MBE and WBE participation. Section 3 and Title Vi The Minority Business Enterprise Committee also asked about Title VI and Section 3 in this area. Title VI to the Civil Rights Act of 1964 provides that there be no discrimination on the basis of race, color or national origin in federally funded programs. 42 U.S. C. 2000d. One hundred percent set asides of contracts to MBEs, however, have been held to violate Title VI, as not being sufficiently narrowly tailored, similar to the Equal Protection rationale in Croson. See Practice Const. Co. v. Marsh, 773 F. Supp. 867 (S.D. Miss. 1990). Section 3 of the Housing and Urban Development Act of 1968, as amended, requires programs funded by the U.S. Department of Housing and Urban Development (including community development block grant) in the greatest extent feasible to employ low and very low income residents of the metropolitan area where the project is taking place (with a priority for residents of public housing) and, consistent with federal, state and local laws, to contract with business concerns which provide economic opportunities for low and very low income persons. 12 U. S.C. 170 1 u(b), (c), (d). Section 3 was amended in 1992; it previously provided for contracting with business concerns that are located in or owned in substantial part by persons residing in the metropolitan area as the funded project. The focus of Section 3 is on income. Case Law Updates On March 26, 200 1, the United States Supreme Court accepted review of the 10th Circuit's decision in Adarand Contractors v. Slater (No. 00-730). The 10th Circuit case upheld the federal Disadvantaged Business Enterprise program against Equal Protection Clause challenge. The U.S. Supreme Court's decision is due sometime next year. That same10th Circuit recently heard argument from Concrete works v. City and County of Denver (No. 00-1145), the case rejecting Denver's disparity studies to uphold those jurisdictions MBE/WBE participation goals. These two cases, plus the recent decision rejecting Page 35 01-0403.txt the University of Michigan Law School's affirmative action admission policy (and the change in presidential administration), may change the landscape further regarding, affirmative action in general and Disadvantaged/MBE/WBE participation programs specifically. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 57 REVIEW OF NOMINEE(S) FOR APPOINTMENT-CITIZENS SALARY REVIEW COMMISSION C.C.P., 3/20/01, NO. 8 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of March 26, 2001) that the following nominees to the Citizens Salary Review Commission have no outstanding debts to the City: Frank Lopez Rose Castro RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 58 M. MARSCH, INFORMATION HYATT CORP. DBA Genesee Bar, Intentions to make alterations I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. On March 2, 2001 Building Permit Number 28286 was issued for interior renovation work at 532 Main Street in the City of Buffalo. This property is better known as the Hyatt Regency- Buffalo. The floor plan submitted to your Honorable Body is the finished product of this renovation project. As of this writing the interior demolition work has begun. I wish to assure your Honorable Body that the staff of the Department of Permit and Inspection Services will inspect all aspects of the phases of construction. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 59 RESPONSE TO RESOLUTION #182 MEDICAL BENEFITS FOR SEASONAL EMPLOYEES RESOLUTION #182; 03/06/01 BY MARC COPPOLA Medical Benefits for Seasonal Employees Although Seasonal Employees do not qualify for medical benefits through the City of Buffalo, I have located a couple of local insurance agencies that are willing to set up medical insurance groups for City of Buffalo seasonal employees. This would allow a seasonal employee of the City to purchase medical insurance at discounted rates. In order to implement a program such as this, the insurance agency may request a payroll slot be made available to them from the Comptroller's office. Since this is not a collectively bargained benefit, and would be considered "optional", the Human Resources Department would not be involved in the administration of the program. The set up would be similar to the current set up we have in place for widows of retirees, who do not qualify for benefit Page 36 01-0403.txt through the City. They currently enjoy group discounts on their medical insurance through several local insurance agencies. If you have any questions or concerns, please feel free to call Steven Miska, Director o Compensation & Benefits at 851-5916. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 60 "FAIRNESS-AFR./AM. WORKERS-PUBLIC WORKS/STREET DIV." & "RESPONSE - VAR. QUESTIONS-FOREMAN, TRUCK DRIVERS, ETC." ITEM #52 C.C.P. FEBRUARY 20,2001 ITEM #53 C.C.P. FEBRUARY 20,2001 In response to your request for review of Item #52, CCP Feb. 20, 2001, "FairnessAfr./Am. Wrkrs.-Public Works/Street Div." And Item #53 CCP Feb. 2.0, 2001, "Response-Var. Questions- Foremen, Truck Drivers, etc.", the Commission's Citizens' Rights Committee has prepared the following response: a) The Commission has a question with regard to departmental responsibility as outlined in this document. For example: Under questions 9, 10, 11, the response is that the questions be referred to the Commissioner of Human Resources. Has the Commissioner answered these questions? b)The Commission would also like to know why there is a seasonal employment category and who is responsible for hiring seasonal employees. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 61 C. FISHER-BUFFALO EQUAL OP. MINORITY, WOMEN, SMALL/LOCAL BUSINESS ENTERPRISES EMERG. ACT-2001 ITEM #79 C.C.P. MARCH 6, 2001 In response to your request for review of Item #79, C.C.P. March 6, 2001, "C.Fisher-Bflo. Eq. Op. Minority, Women, Sm./Local Bus. Enterprises Emerg. Act-200 I", the Commission's Citizens' Rights Committee has prepared the following response: a)The Charter does not provide authority to the Commission on Citizens' Rights and Community Relations to Contract and/or engage in contract negotiations for the City of Buffalo. b)It appears that there are problems with regard to the City of Buffalo's MBE/WBE contract process. The Commission believes that this merits formal review. Therefore, it is recommended that a fully funded study be conducted for the purposes of identifying current problems, reviewing County, State and Federal trends, and recommending the appropriate action to be taken with regard to MBEIWBE contacting. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 62 "W. JONES -CONCERNS-FIRE DEPT." Page 37 01-0403.txt ITEM # 109 C. C. P. MARCH 20, 2001 In response to your request for review of Item #109, CCP March 20, 2001, W. Jones-Concerns-Fire Dept., please be advised that the Citizens' Rights Committee will meet to discuss this matter and after such time, will send a response concerning this matter to Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 63 "T. BAMES-ACQ./REMED. PROP. 43 CAROLINA & 4 SEVENTH ST." ITEM NO. #89, C.C.P. MARCH 20, 2001 Item # 89, C.C.P. March 20,2001, T. Barnes-Acq./Remed. Prop. -43 Carolina & 4 Seventh St." The proposal from Thomas Barnes, CEO of Technae Venture, was addressed in a letter sent to the New York State Department of Environmental Conservation on March 16, 2001. An excerpt from the letter written by Superintendent Marion Canedo follows: "6 Since the time the NYSDEC issued its PRAP, the District and the City of Buffalo have received a proposal from Technae Ventures, LLC to acquire the Site and perform an in situ bioremediation of the Site. The PRAP does not consider such remediation as an alternative. Without diminishing our endorsement of the PRAP's alternative 3B, the District is interested in your comments on such a proposal, particularly because it would appear to be least disruptive of the Site and Waterfront School operations during the remedial activity. The District, however, is not in a position to determine the effectiveness of such a proposal and would appreciate your comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO SEWER AUTHORITY NO. 64 BSA ANNUAL REPORT Enclosed is the Buffalo Sewer Authority's Annual Report for the 1999-2001 fiscal year. If you would like to update your information for, or be removed from, this mailing list, please e-mail: evelyn@sa.ci.buffalo.ny.us Thank you. RECEIVED AND FILED NO. 65 INFORMATIVE CODE OF ETHICS - BUFFALO SEWER AUTHORITY For your Honorable Body's information, the following is a Buffalo Sewer Authority Board Resolution, approved at its meeting of March 21, 2001, adopting the same Code of Ethics as the City of Buffalo: ITEM NO. 7 ANNUAL FINANCIAL DISCLOSURE STATEMENT FOR THE BUFFALO SEWER AUTHORITY WHEREAS: Buffalo Sewer Authority's prior Code of Ethics is not in compliance with current state law and should be updated in its entirety; and WHEREAS: The New York State Officer's Law requires public authority's to require certain employees to file Page 38 01-0403.txt annual statements of financial disclosure. Chapter 12, Code of Ethics, of the City of Buffalo Code is based on this law and provides for the option of Buffalo Sewer Authority to adopt the same guidelines and use the same Board of Ethics as the City; and WHEREAS: Employees, as designated by the General Manager, shall file with the City Clerk an Annual Disclosure Statement effective with the adoption of this Resolution; and WHEREAS: The General Manager recommends the repeal of the current Code of Ethics and, in its place, the adoption of the City of Buffalo Code of Ethics as the Code of Ethics for the Buffalo Sewer Authority. NOW THEREFORE BE IT RESOLVED: That the Board of the Buffalo Sewer Authority hereby repeals the current Code of Ethics and in its place adopts the current Code of Ethics of the City of Buffalo. RECEIVED AND FILED FROM THE BUFFALO URBAN RENEWAL AGENCY NO. 66 BUFFALO URBAN RENEWAL AGENCY ITEM 489, C.C.P. MARCH 20, 200 1, "T.BAMES-ACQ./REMED.PROP.-43 CAROLINA & 4 SEVENTH ST. Pursuant to your request, dated March 21, 2001, the following are the "comments and/or recommendations", on behalf of the City of Buffalo Urban Renewal Agency (BURA) with respect to the above entitled matter. The same documents that were forwarded to us for comment, were presented to Mayor Masiello, by Mr. Barnes and Mr. Greiner, in a meeting in his office, on March 6, 2001 ~ At that time, BURA advised Messers. Barnes and. Greiner that it is under a Consent Order from the NYS Department of Environnmental Conservation (NYS DEC) which restricts our control and authority over the property. Mayor Masiello indicated that he would have his staff examine the proposals and make a recommendation to him as to how to proceed. On March 20, 200 1, a meeting was conducted with the Mayor and his staff and the recommendation was made to forward the Bames/Greiner Proposal to DEC for its examination, evaluation and comments. We are awaiting the results of that examination by DEC. We will keep the Common Council informed as to any developments concerning these issues as they unfold. Very truly yours, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 67 # 194, C.C.P. MARCH 20, 2001REVELATIONS ON NY STATE WARNINGS IT IN REGARDING HICKORY WOODS IN 1996" Honorable Members of the Common Council: Pursuant to your request, dated March 21, 200 1, the following are the ,.comments and/or recommendations", on behalf of the City of Buffalo Urban Renewal Agency (BURA) with respect to the above entitled matter. The reporter who wrote the article, cited in the above resolution, had in his possession, certain memoranda, Page 39 01-0403.txt stolen from my legal files. I so advised him of that fact and told him that he was not authorized by me or my client to reveal the contents of those privileged communications. I have reported the theft to my client and it, in turn, has requested the Eric County District Attorney's Office to investigate this and other thefts of documents stolen from City Hall files. During the pendancy of the investigation, I respectfully decline to be questioned or to provide any documents, inasmuch as those activities could. compromise this important criminal investigation. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 68 M. KNIBBS-BACK STOP-COMPLAINT-BERC LOANS-BIG VS. SMALL BUSINESSES] Item No. 80; C.C.P. 3/6/20011 In response to the letter from M. Knibbs, The Back Stop, regarding BERC's loan policies, I offer the following information: The size of the loans provided by the BERC is based upon financial need and the company's ability to repay the loan. Logically, larger businesses will receive larger loans. Generally, larger loans undergo a much more cautious and thorough underwriting analysis and assume a much higher collateral requirement than small business loans provided by the BERC. BERC loans to larger businesses are limited to 50% of the total cost of the project and, therefore, require private financial participation. BERCs participation in these loans is much lower it is in the majority of the small business loans provided by the BERC. Any assumed "double-standard" is generally in favor of small businesses, for which the BERC offers much more flexible underwriting standards. The recently launched Micro-Loan Program (for loans under $25,000), for example, requires only a 2-page application requirement, much more flexible debt repayment and collateral criteria, can finance up to 90% of the project, does not require bank participation, and can be made to businesses with relatively higher national risk scores. In addition to supporting small business development in the City of Buffalo, BERC's lending programs must meet national objectives to create jobs for low- and moderate-income persons, to provide a necessary service or product to a low- and moderate-income neighborhood, and/or to assist in the elimination of slums and blight. The majority of the larger loans approved by the BERC create significant job opportunities for low- and moderate-income persons. Indirectly, the jobs created by BERC borrowers support small businesses throughout the City of Buffalo. In the past two (2) years, only 3 loan applicants have been denied. Due to the source of funds used for BERC's lending programs, the BERC can not legally provide loans to businesses with federal, state or local tax liens. Larger loan defaults are more likely to be publicized via the media, resulting in the public impression that larger businesses receive favorable treatment. In fact, the majority of the delinquent and defaulted loans in BERC's portfolio are to small businesses. As of the end of February, 2001, BERC's Loan Portfolio delinquencies (loan payments over 90-days past due) totaled $2,589,747, out of a total portfolio Page 40 01-0403.txt of $51,405,770. Of the loans currently in default, $1,318,586 or fifty-one percent (5 1%) are loans to small businesses; and $882,936 or 34% are loans to minority small businesses. All lending provided by the BERC generally carries a higher risk factor than private financial assistance. The BERC provides "gap or last resort" financing in situations where private financing alone cannot be accomplished, generally due to the absence of sufficient collateral to secure their debt and/or risk and credit factors of the borrower. Although the BERC must perform reasonable underwriting to maintain its fiduciary responsibility for the public funds used in its lending programs, it is with the understanding that its default and delinquency rate will be slightly higher than would be acceptable by a private financial institution. Some of the businesses that BERC provides loans to, large and small, will and do fail. The BERC also maintains a responsibility to the borrower, with the perspective that it does not want to burden a small businesses or entrepreneur with debt it knows can not be met and, consequently, with a resulting "black mark" on its credit history. Although it is difficult to say no, at times this may be in the best interest of the borrower. The BERC maintains relatively flexible collection procedures for small businesses. The BERC will, to the greatest extent feasible without jeopardizing its fiduciary responsibilities, give priority to keeping a small business in operation. The BERC will, when necessary, extend terms, delay collection procedures, and attempt to work out loan modifications (e.g., providing interest-only payment periods; extending the length of the loan; accepting cash flow participation in lieu of Principal and Interest payments) if it will help the concern to stay in business. In an effort to improve our assistance to small businesses, the BERC has: Established an Entrepreneurial Assistance (Training) Program; Recently initiated a Micro-Loan Program (attached); Announced a 4% Loan Sale for the months of March and April 2001; Will soon open a Small Business Resource Center at the former Apollo Theater; Initiated a "Live Zone" Neighborhood Business District assistance program The Micro Loan Program (approved by the Common Council as part of both the 26" and 27" year CDBG Budgets) provides non-traditional loans to very small businesses, e.g. sole proprietors. This program can finance repairs and improvements; the purchase of furniture, fixtures and equipment; and, as part of a larger project, a small percentage of the loan can also provide working capital. The Micro Loan Program can provide 90% financing up to $25,000 at a fixed interest rate pegged ideally at prime + 1% (currently 9%). However, the interest rate and other terms can be customized to accommodate the business, if, from a historical cash flow standpoint, the business does not generate sufficient cash flow to service level debt service payments. To date, BERC has closed 37 Micro and Small Business loans, the smallest being $3,500. In an effort to prepare prospective small business borrowers who have been unable to reach their full growth potential, those who have not yet formed the habit of paying their bills on time, or who have not made sufficient income to keep their obligations current, BERC is establishing the Small Business Resource Center at the Apollo Complex, in conjunction with Mayor Masiello and the Common Council. Page 41 01-0403.txt The Small Business Resource Center will offer technical assistance to potential borrowers. This location will be staffed with professionals who are experts in their field, who will volunteer their time to provide technical assistance to small business owners. Since January 1994, the BERC has closed 171 loans. Of those 171 loans, 135 loans (79% totaline $12,286,805, went to small businesses with 25 or less employees and loans of $100,000 or less. A sampling of loans booked under this category include: 1. Ganci's Grocery store, in an attempt to save this West Side business; 2. Robert C. Brown d/b/a Custom Design Vertical-Blinds: a minority-business enterprise that was awarded a contract to provide the window treatments for the Homeownership Zone Project; 3. A & L Ice Cream and Luncheonette, a minority-owned restaurant formerly operating in the Towne Gardens Plaza. (Note: the Towne Gardens Plaza redevelopment was assisted with a HUD Section 108 Loan provided by the City of Buffalo and administered by the BERC). An example of a larger loan made by the BERC during this period is Upgrade Corporation of New York, which received a loan of $500,000. As a result of the BERC loan 1,073 new jobs were created, of which 59.9% are held by African Americans, and 2% by other minorities. Ninetythree percent (93%) of the jobs created are held by very low to low to moderate- income persons, many of them from welfare to work. Their total workforce is now 1,362. All other loans in this category were loans from $145,000 to $400,000. Each of these loan recipients are "Small Business" with employment levels of 25 employees or less and gross sales of less than $3 million (SBA's definition of small business). A sampling of loans in this category include: 1. Precision Millwork, a woman-owned manufacturing business which received a loan to assist in the expansion of their business; 1. Abatement Professionals, a minority contractor, received a Minority Contractor Loan for start up construction costs; and 2. Dockery Community Center for the construction of a new Center for the Head Start Program and 24 hour day-care and community center located on Sycamore Street in the Federal Enterprise Community. The balance of BERC's portfolio represents Section 108 and UDAG loans of more than $170,000. A sampling of this category of loans include: 1.the restoration of the BURA owned Market Arcade Building ($4,757,102); 2.redevelopment of Towne Gardens Plaza ($1,700,000)a minority-owned and operated retail plaza; 3.the Ellicott Town Center: the redevelopment of the Ellicott Mall Projects into low income rental and home purchases project ($4,295,500); 4.Purchase of new city fire trucks ($2,234,950), which are now housed in inner city firehouses; and 5.Construction of the minority-owned and operated Pillars Hotel to provide transient housing to those patients receiving cancer treatment at Roswell Park Memorial Hospital ($8,500,000) and as part of the Main-High Medical Center redevelopment. 6.Construction of the minority-owned and operated Home for the Elderly sponsored by Shiloh Church in the Page 42 01-0403.txt Ellicott Town Center Complex ($500,000) and 7.$9 million loan to assists in the development of the Homeownership Zone Project in the Ellicott Councilmanic District. Each of the aforementioned borrowers had strong credit ratings, invested from a I 00NO to 20% cash equity injection into the project, obtained bank financing of between 70% to 80% of the project cost, were required to provide a fall blown comprehensive business plan including an extensive market feasibility study, audited financial statements both historical and proforma, and were required to personally guarantee the entire loan, and, where applicable, provide cross-corporate guarantees. In summary, a detailed and objective analysis of BERC's loan portfolio, lending and collection procedures and lending history will clearly demonstrate that the BERC is very committed to small businesses. The BERC has and will continue to "stand behind" small businesses and has initiated several new programs to accomplish this end. We are always open to new ideas and suggestions, from small business owners such as Ms. Knibbs or from -the Common Council, to improve our small business programs and delivery. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 69 RESPONSE TO GREENWAY PLAZA AT THE INNER HARBOR ITEM#206, C.C.P. MARCH 20,2001 The following communication from the Buffalo Economic Renaissance Corporation (BERC) is in response to the resolution sponsored by Ms. Gray and the Common Council regarding the proposed Greenway Plaza at the Inner Harbor. The BERC has consistently supported the Common Council's vision to locate a Greenway Plaza at the new Inner Harbor. We're excited to see the continued support from your Honorable Body on this important component of the Inner Harbor plan. Currently, a redesign process has commenced in an attempt to incorporate a greater sense of history into the Inner Harbor Project. The Greenway Plaza (also referred to as the Waterfront Plaza) will remain a prominent part of the revised plan and may, in fact, become a larger focal point for the project when this process concludes. As the new design phase progresses, plans for the Inner Harbor and the Greenway Plaza will be filed with the Common Council. The BERC endorses the Common Council recommendations that the Inner Harbor is an ideal location for this "Commons" or "Village Green" because it will be the premier public space at the water's edge and will become the hub for the Riverwalk, the Buffalo River Greenway system, the Industrial Heritage Trail, and the proposed Outer Harbor Greenway. In addition to these fine public interests, we (BERC) envision the Greenway Plaza as a regional hub for heritage interpretation, culture, and transportation. It's the rich heritage of the site, coupled with the on-going interpretation and transportation planning, which make the Inner Harbor an inherent location as the hub for cultural and heritage tourism in the WNY region. The new Inner Harbor will create a natural linkage to other historic sites, heritage programs, cultural assets, and transportation modes such as the Page 43 01-0403.txt Underground Railroad, Elmwood Museum District, Darwin Martin House, Erie Canal tours, Theater District Visitor Center, and the proposed Buffalo Intermodal Transportation Center. Proposed amenities as part of the Inner Harbor project also make this an inherent location for the Greenway Plaza. Proposed plans constitute the development of a "Transit Plaza" at the north-end of the site on Hanover Street, directly across from the Auditorium/proposed site for the Intermodal Transportation Center. The Transit Plaza will serve as the main gateway to the Inner Harbor, linking all modes of transportation serving the site. The main elements of the Transit Plaza include amenities for bicycles and pedestrians (lockers, bicycle racks, vehicular drop-off shelters, and informational/ directional kiosks). In addition, the new Naval Museum will provide public amenities such as restrooms, drinking fountains, and a small-scale eatery. Funding for the Greenway Plaza is included in the original budget for the Inner Harbor project. Elements of the Industrial Heritage Trail have also been included in the project budget. The Inner Harbor would become the launching point, as well as, the terminus for the Industrial Heritage Trail. As we move forward with a waterfront plan which gives emphasis to history, the Industrial Heritage Trail becomes a natural fit for the Inner Harbor plan. On behalf of the Common Council, the BERC will continue to work closely with the Empire State Development Corporation to ensure the Greenway Plaza remains a prominent element of the Inner Harbor Project as a way to celebrate the Riverwatk, proposed Buffalo River Greenway, the Industrial Heritage Trail, and the proposed Outer Harbor Greenway. Please find attached, a summary developed by BERC to emphasize the concept of the Inner Harbor as a regional hub for heritage interpretation, culture, and transportation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO ECONOMIC RENAISSANCE CORP. NO. 70 BERC SALE OF NEIGHBORHOOD COMMERCIAL LANDBANK PROPERTY [(NCLB) LOCATED AT 990 & 994 GENESEE STREET TO KING URBAN LIFE CENTER, INC. The Buffalo Economic Renaissance Corporation (BERC) would like to sell the NCLB lots located at 990 & 994 Genesee Street to King Urban Life Center, Inc. for the purpose of expanding their current location. The sale of these landbank properties will serve to benefit the city and the community in the following ways: a.) Help to rebuild a neighborhood that has been steadily deteriorating with crime and drugs. b.) will afford King Urban Life Center, Inc. to expand and to enhance their current urban setting. The proposed purchase price for the properties is $7,200.00. At this time there are no prospects for other development on this property. The BERC Board has reviewed and approved this purchase at its meeting of March 28, 2001, contingent upon Common Council approval. The BERC is seeking the approval and support of the Council to sell these properties Page 44 01-0403.txt (990-994 Genesee Street) to the King Urban Life Center, Inc.; so they may build their new expansion. Mrs. LoTempio Moved: That The Buffalo Economic Renaissance Corporation be and it hereby is authorized to sell 990 and 995 Genesee Street Urban Life Center Inc for the purpose of expanding their current location for a sale price of $7,200.00. PASSED AYES-12. NOES-0. NO. 71 UNION SHIP CANAL REDEVELOPMENT PROJECT (ITEM NO. 93, C.C.P. 03/20/01) On Monday, March 12, 2001, the Common Council acting in its capacity as Lead Agency, hosted an "agency scoping session" regarding the Generic Environmental Impact Statement (GEIS) for redevelopment of the Union Ship Canal. At that session, Steven J. Doleski (Regional Permit Administrator) for the NYS Department of Environmental Conservation (NYSDEC) raised a number of issues regarding the Union Ship Canal project, which were addressed by Development Downtown Inc. and Office of Strategic Planning staff. The Common Council should be made aware that the City of Buffalo and DDI staff have had numerous meetings with NYSDEC throughout the development of this project, and we are currently negotiating the terms of two (2) voluntary Clean -up Plans W.C.P. s) and as Environmental Quality Bond Act (EQBA) application through NYSDEC. Our most recent meeting with NYSDEC staff took place on Friday, March 23 rd , and another is scheduled for April. To supplement the communication process with NYSDEC, we will be scheduling a separate meeting with Mr. Doleski, after the comments have been reviewed from the scoping session, and a revised draft of the GEIS has been formulated. REFERRED TO THE UNION SHIP REDEVELOPMENT COMMITTEE. FROM THE CITY CLERK NO. 72 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 391-393 Ellicott StNight Hawk Entertainment 391 Ellicott 577 Forest St.Vasili Panagopoulas Vasili Panagopoulas RECEIVED AND FILED NO. 73 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks- Katalin Szabo Paul Kujawski Police- Jill White Bebee Watts Community Services- Bridget Tychinski Page 45 01-0403.txt RECEIVED AND FILED. NO. 74 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: XBuffalo Sewer Authority XCity Planning Board RECEIVED AND FILED NO. 75 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: March 28, 2001 in the Department of Common Council to the Position of INTERN I, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr Margaret Redmond, 117 Dundee, Buffalo, NY 14220 Appointment Effective: March 26, 2001 in the Department of Common Council to the Position of INTERN I, Seasonal, Non-Competitive at the flat Starting Salary of $7.00/hr Angela Paul, 76 Lovering Ave., Buffalo, NY 14216 Appointment Effective: March 23, 2001 in the Department of Common Council to the Position of INTERN IV, Seasonal, Non Competitive at the Flat Starting Salary of $6.00/hr Christopher Marranca, 62 Longnecker Street, Buffalo, N.Y. 14206 NO. 76 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 March 26, 2001 in the Department of Assessment and Taxation to the Position of Clerk - Seasonal at the flat Starting Salary of $8.00/hr Christopher E. LaSalle, 53 West Avenue, Buffalo, NY 14201 Appointment Effective: March 19, 2001 in the Department of Public Works, Division of Engineering to the Position of Marina Dock Attendant, Seasonal, Non-Competitive at the Falt Starting Salary of $10.00/hr Christopher A. Nasca, 12 Woodly Rd., Buffalo, NY 14215 Appointment Effective: March 27, 2001 in the Department of Public Works, Division of Recreation to the Position of Laborer II, Seasonal, Non-Competitive at the Falt Starting Salary of $6.92/hr John Heffron, 49 Ardmore Place, Buffalo 14213 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 Appointment at the flat starting salary of $6.92/hr Charles S. Sopko, 97 Meriden, Buffalo, NY 14220 Appointment Effective: March 29, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to Page 46 01-0403.txt the Position of Seasonal Laborer II, Seasonal Non-Competitive at the Flat Starting Salary of $6.92/hr William M. George, 108 Cantwell Drive, Buffalo, NY 14220 Appointment Effective March 27, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non- Competitive at the flat starting salary of $6.92/hr Zebedee Z. Rhotan, 100 Tupper Street, Buffalo, NY 14211 David P. Zielinski, Jr, 224 Geary Street, Buffalo, NY 14210 Appointment Effective., March 26, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Carl E. Johnson, Jr.,283 Hastings, Buffalo, NY 14215 , Robert W. Davis, Jr., 198 Swan Street, Buffalo, NY 14204 Peter N. Militello, 1663 Hertel Avenue, Apt. 1, Buffalo, NY 14216 Appointment Effective: March 22, 2001, in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non- Competitive at the flat Starting Salary of $6.92/hr Jeffrey D. Cornman, 122 Brinton, Buffalo, NY 14214 William S. Yohn, 810 South Park Avenue, Buffalo, NY 14210 , Aaron W. Stetter, 104 Stevenson, Buffalo, NY 14220 Appointment Effective: March 19, 2001, in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non- Competitive at the flat Starting Salary of $6.92/hr Andrew M. Chamberlin, 125 Eckert, Buffalo, NY 14207 Nathan Hall, 592 Clinton Street, Buffalo, NY 14210 John A. Hemphill, 139 Wright Avenue, Buffalo, NY 14215 James D. Keeney, 116 College Street, Buffalo, NY 14201 David P. LePage, Jr., 121 School Street, Buffalo, NY 14213 Danny R. Sanders, .25 Kenova Pl., Buffalo, NY 14214 Ronald J. White, 79 Flower Street, Buffalo, NY 14214 NO. 77 APPOINTMENTS, TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: March 12, 2001 in the Department of Public Works, Parks & Streets, Division of Demolitions to the Position of Laborer II, Permanent, Non-Competitive at the minimum Starting Salary of $10.76/hr Keith R. Powers, 63 Delsan Court, Buffalo 14216 Appointment Effective March 23, 2001 In the Department of Audit and Control, Division of Audit to the Position of Supervising Auditor, permanent at the Minimum Starting Salary of $41,617 Michael F. Drennen, 108 Homer Avenue, Buffalo, NY 14216 Appointment Effective March 28, 2001 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary at the flat Starting Salary of $6.00/hr Thomas Baines, 9 Depew, Buffalo 14214 Page 47 01-0403.txt Brian Allen, 49 Collingwood, Buffalo 14215 Mary Cannan, 825 Tacoma, Buffalo 14216 Michelle Robinson, 204 Hempstead, Buffalo 14215 Appointment Effective: March 20, 2001 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary at the flat Starting Salary of $6.00/hr Brandon Gaiter, 77 Parkside, Buffalo 14214 (AMENDED 3/21/01) Appointment effective March 19, 2001 in the department of Fire, Division of Administration to the position of Account Clerk Typist, Temporary at the minimum Starting Salary of $25,005 Jeanne Farner, 318 St. Lawrence Avenue, Buffalo, 14216 Appointment Effective March 19, 2001 in the Department of Fire, Division of Administration to the position of Community Grants Coordinator, Provisional Appointment at the minimum Starting Salary of $30,219.00 Ann McKenna, 80 Shenandoah Avenue, Buffalo, 14220 Appointment Effective: March 19, 2001 in the Department of Human Resources, Division of Civil Service. to the Position of Monitor I, Temporary, Non- Competitive at the Flat Starting Salary of $7.00/hr Flora Nesbitt, 93 Poultney Ave., Buffalo, NY 14215 Appointment Effective March 26, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position Of. Dispatcher, Permanent Appointment at the minimum Starting Salary of $25,914 Arthur S. Forman, 1511 Broadway, Buffalo, NY 14212 Appointment Effective: March 21, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Laborer II, Permanent, Non-Competitive at the minimum Starting Salary of $10.76/hr Jeffrey J. Mathewson, 454 Breckenridge Avenue, Buffalo 14213 Appointment Effective March 19, 2001 in the Department of Public Works, Parks & Streets, Division of Demolitions to the Position of Laborer II, Permanent, Non-Competitive at the minimum Starting Salary of $10.76/hr Abdalla S. Mahamud, 329 Potomac Avenue, Buffalo 14213 Appointment Effective 4/2/01 in the Department of 49-Stadium & Auditorium, Division of 1-Dunn Tire Park to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat starting salary of $10.25/hr Gerald Lewandowski, 173 Eden Street, Buffalo, 14220 James Delmont, 106 Hartwell Road, Buffalo, 14216 Matthew Kwietniewski, 141 Kenefick Avenue, Buffalo, 14220 John LoTempio, 57 Wilbury Place, Buffalo, 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 78 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ("ECIDA) PAYMENT IN LIEU OF TAX ("PILOT") AGREEMENTS ON PROJECTS IN THE CITY OF Page 48 01-0403.txt BUFFALO In response to your March 21, 2001 inquiry, the following are ECIDA's comments to the "List of Unpaid P.I.L.O.T.S. as of March 9, 2001 1.Commitment 2000, Inc. - The debtor, having no intentions of closing its doors, is making payments agreeable to its creditors and has recently taken steps to increase sales so that a reorganization is feasible. It has not filed a plan of reorganization, but expects to do so in the near future once plans to obtain alternate financing to payoff its secured creditor, HSBC Bank, are finalized. According to the debtor's attorney, its attempt to sell the real property located at 105 Monsignor Valente Drive in Buffalo has been abandoned, but will be discussed further at the next meeting of creditors scheduled for April 11, 2000 at 1:00 p.m. Any pre petition amounts due and owing should be stated in a Proof of Claim to be filed with the bankruptcy court. Any post petition amounts are to be kept current. According to the company's attorney. the debtor has stated that a payment of approximately $ 10,000 will be made within the next two weeks. 2.Prudential Building Associates -The Estate of Frances W. Lear, Manufacturers and Traders Trust Company and TEJV-1, L.P., each of which holds a mortgage on the property, have each obtained leave from the Bankruptcy Court to proceed with foreclosure actions. The M & T and TEJV-1, L.P. actions were consolidated and proceeded to judgment. They have, however, been involved in protracted litigation regarding the amount and priority of their liens. The Appellate Division for the Fourth Department has ruled on various aspects of the case. I have been advised by the attorney for TEJV-1, L.P. that M&T and his client are involved in negotiations which might result in TEJV- 1, L.P. buying out M&T's position. If this occurs, TEJV- 1, L.P. could possibly proceed with a foreclosure sale within the next three to four months. If they are unable to reach a settlement, then the continuing disputes between them will go to trial. The earliest that a trial could be scheduled would be early next year. That would further delay the foreclosure sale. The mortgage held by the Estate of Frances W. Lear is a first lien on the property. While a foreclosure of this first mortgage was commenced, the case has been inactive. The attorney for TEJV-1, L.P. anticipated that the property would be sold subject to the first mortgage, which would have to be paid off by any purchaser in the foreclosure sale. To date the Lessee has not proposed a bankruptcy reorganization plan which would involve the sale and/or refinancing of the debt. As you are aware, the PILOT arrearages are a contractual obligation of Prudential Associates and will be treated as an unsecured claim in the bankruptcy proceeding. If Prudential Associates does go through a reorganization, the plan would make provision for payments to unsecured creditors, including the taxing jurisdictions, which would probably amount to no more than a few cents on the dollar. If Prudential Associates is unable to reorganize (which would be the likely case if the building is sold at foreclosure), the case would convert to a liquidation and any remaining assets of the debtor would be sold and the proceeds used to pay the creditors. It is unlikely in this situation that there would be any money to pay the PILOT arrearages. Page 49 01-0403.txt In summary, the property is still subject to the bankruptcy and a reorganization plan has not been proposed. I am unaware of any arrangements that have been made to pay the PILOT arrearages. The lienholders have been involved in protracted litigation and, therefore, have not proceeded with a sale of the property at foreclosure, which would return the property to the tax rolls. Settlement discussions are underway between two of the mortgage holders which might result in a sale of the property at foreclosure within three to four months. If the settlement discussions collapse, the sale of the property could be put off indefinitely. 3.SRK Broadway Assoc. LP - We have been in contact with the company and have the following to report. The bills are paid by a tax service organization. A company official is looking into this matter which should be resolved quickly. If you require additional information, please let me know. REFERRED TO THE COMMITTEE ON FINANCE. NO.79 M. COPPOLA-J. GIAMBRA-REQ. R.F.P.- COGENERATION/CENTRAL DIST. HTG. My office received the attached draft outline for the City of Buffalo Cogeneration/Central District Heating on March 22, 2001. As per the attached resolution passed by the Common Council (item # 197, C.C.P.) on March 6, 2001, this draft outline is unsatisfactory. This draft outline is in fact a Request for Qualifications (RFQ), not a Request for Proposals, that is called for in the above referenced resolution. In addition, I am lead to believe that an RFP will not be ready for publication by the time that you indicated at the Council's Committee on Energy meeting held on March 7, 2001. There will be a special meeting of the Energy Committee in Room 1417 on March 29, 2001 at 2:00 p.m, to discuss this draft outline, as well as, the formulation and publication of an RFP that is satisfactory to the Committee and the Common Council. Please make every effort to attend. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 80 L. DUVALL-ISSUES/CONCERNS-HENNEPIN PARK COMM. CTR. EXPANSION PROJECT Please make sure that the attached in on the next full Common Council meeting agenda to be held on Tuesday, April 3, 2001. Attachments on file in City Clerk's Office. RECEIVED AND FILED. NO. 81 C. FISHER-IUOE-REQ. CERT. PAYROLLS FROM CITY DEMO PROJECTS I hereby submit for filing copies of a letter from the International Union of Operating Engineers requesting certified payrolls form city demolition projects in the past two years on certain contractors. Copy attached to transmittal letter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL. Page 50 01-0403.txt NO. 82 C. FISHER-K. PRATT-SEBASTIAN'S-COMPLAINT AGAINST INSPECTIONS DEPT. I hereby submit for filing copies of a letter from Mr. Kenneth Pratt, owner of Sebastian's Restaurant regarding his complaint against the city's inspection department and its unfair practices against his establishment. Copy attached to transmittal letter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PERMITS AND INSPECTIONS. NO. 83 C. FISHER-M. RICE-CONCERNS-DENIAL OF PUBLIC TRANSPORTATION FOR CHARTER SCHOOL STUDENTS I hereby submit for filing copies of a letter from Mr. Michael Rice, whose daughter attends the King Center Charter School. Mr. Rice's complaint is the School District not allowing charter school pupils access to public transportation. Copy attached to transmittal letter. REFERRED TO THE COMMITTEE ON EDUCATION AND BOARD OF EDUCATION. NO. 84 C. FISHER-RIT-REQ. SUPPORT-EXTENDED NINE PERIOD PER DAY CURRICULUM I hereby submit for filing copies of a letter from the Riverside Institute of Technology requesting the Common Council and Board of Education to support the school's extended nine period per day curriculum. Copy attached to transmittal letter. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. NO. 85 C. FISHER-UB URBAN STUDIES-PROBLEM-HEALTH CARE FOR AFRICAN AMERICANS I hereby submit for filing copies of a paper published by the University of Buffalo's Center for Urban Studies, on the Problems of Health Care for African Americans in Buffalo, NY. Copy attached to transmittal letter. RECEIVED AND FILED. NO. 86 R. FONTANA-S. STOCKTON-DUNCAN INDUSTRIES REVIEW PARKING CONTROL SYSTEMS Please file the attached document with the Common Council for review on parking control systems. Document attached to transmittal letter. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 87 VINCENT J. LOVALLO REQUEST FOR AUDIOTAPES I am writing to request a copy of the section of audiotapes featuring discussion of items No. 52 and 53 from the February 20, 2001 Council meeting (listed on the Initial Agenda as Items 47 and 48). I would also like a copy of the section of audiotape from the Civil Service Committee on February 27, 2001 regarding the Items listed as No. 1, 2 and 3. Please inform me of the costs of the tapes and I will provide it immediately. Page 51 01-0403.txt REFERRED TO THE COUNCIL PRESIDENT. NO. 88 R. LOTEMPIO-ELECTRIC JOINT BIDDING/PURCHASING AGREEMENT This document is on file in City Clerk's Office. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY. NO. 89 R. LOTEMPIO-INFO-SALES TAX Please file the attached information which relates directly to my previously filed Sales Tax item (C.C.P. March 20, 2001 - Item 209) referred to the Budget Committee. This information reflects the monies generated from 1985 to present from the additional 1% Sales Tax. Kensington-Bailey Area Planning Committee, Inc. (Chart entitled "Loss Due to Not Sharing 1% Sales Tax" is attached to this document and filed in the City Clerk's Office. REFERRED TO THE COMMITTEE ON BUDGET. NO. 90 M. SCOTT-KENSINGTON BAILEY AREA PLANNING COMMITTEE FALSE ALLEGATIONS On March 26, 2001, certain members of the Executive Committee of the Kensington-Bailey Community Center conducted an illegal meeting to consider false allegations they received from the staff. According to Article 11, Section 4 - 5 (Special Meetings and Notice of Meetings) of our By-Laws, The meeting on March 26, 2001 was illegal. I am not disrespectful to anyone, and I take umbrage to those staff members who have never been accountable for job performance in the past making such an unfounded accusation. However, I do not have faith in the unprofessional procedures and policies at the Kensington-Bailey Cornmunity Center and I work extremely hard as a board member to change them. The following is list of those procedures and policies: 1.The outgoing Executive Director made unilateral and unendorsed decisions regarding the selection and interviewing process for a new Executive Director. Individual applicants were chosen without the consent of the entire Board of Directors and as a result this process was considered flawed. The Executive Committee then decided to review all the resumes that we were "Privilege 'to have and we discovered that several good applicants were overlooked. All of who were coincidently African American. To the credit of several Board members who have integrity, we re-interviewed the overlooked applicants and without bias chose the most qualified person as Executive Director. 2.In May of 2000, I was selected as Chairman of the Kensington-Bailey Community Center Building Committee. Several problems with the facility were listed and referred to the committee to work on. The committee was successful with addressing some of the facilities problems, such as installing a new stove, repairing several locks, and thermostat controls. On February 6, 2001, the Board of Directors passed a motion for the Building Committee Chair to take inventory of all the contents of the building. However I had to borrow the keys of the staff to conduct a proper Page 52 01-0403.txt inventory, when the staff "permitted" me to use their keys. But after several attempts to enter certain rooms within the Kensington-Bailey facility without keys failed I obtained permission from the Board President (Rosemary Mahn) to make a set of keys for the Building Committee. 3.On Thursday, March 22, 2001, 1 did purposefully set the building alarm to go off, however the alarm company, Fire Safety informed me the they would only charge the agency if Fire or Police authorities are called to respond to an emergency. Which is the policy of most alarm companies. Furthermore, the reason I wanted to change the alarm code is valid. At approximately 7 p.m. that evening I questioned the one of the staff members as to why he was allowing our former Executive Director's relatives to remove/take equipment and supplies out of the back entrance of the Kensington-Bailey facility. He gave a suspicious and reluctant answer. Later on before closing I asked Michael H. in the presence of Rebekah Taylor and Duke Richardson not to allow anyone else to remove the contents of this building without first obtaining board approval. 4.I think to the allegation that I have misrepresented myself, as Board President is absolutely outrageous and does not warrant a response. The accusation seems to stem from insecurities of certain individuals, who do not merit acknowledgement. 5.Before I address the 2001 election issue, I would like mention the following for the record. The former Executive Director Debbie Harris, made another unilateral decision to appoint Cheryl Buttino, as Interim Director without prior Board approval, which in my opinion, usurped the Board of Directors power, and undermines our structure as a 501 C (3) not-for-profit organization. As stated in my March 21, 2001, letter to Cheryl Buttino; this action would not be necessary; (1) if the ballots were mailed to an outside location for collection, such as a P.O. Box. (2) If the ballots were not opened by one individual, particularly an employee of KBAPC. (3) If the ballots remained inside its sealed envelope and placed within a secure setting. (4) If the ballots were viewed and/or counted by an independent group or the Board of Directors. SEE ATTACHMENT In closing, like the agencies previous, procedures for receiving cash the current procedures for electing Board officers are extremely flawed and corruptible. As most of you are aware, before the new financial procedures were implemented the Kensington-Bailey Community Center's fiscal conduct was under a cloud of suspicion. But since the new financial procedures were implemented, Joe Conner, Lorraine Hope and I have opened a new bank account specifically for special funds. In the month of February we deposited approximately $ 1,100.00 and we allocated approximately $ 350.00 into petty cash. Previously we were unaware that such a large amount of money was being transacted at the Kensington-Bailey Community Center. Like most members of the Board of Directors we were given the impression that the agency was not receiving an adequate amount of money to make payroll for the implementation of programs. Lastly, the Kensington-Bailey Community Center has conducted itself like a botched "mom and pop" operation, and in the past I have made very critical observations and Page 53 01-0403.txt comments. But if you examined my actions, and look at the end result of my responses to these problems I believe that most of you would not judge me as unjustly as some have chosen to do. This agency is evolving and I think that people, who benefited greatly under the old system, are against change because it forces them to be accountable. Moreover, this fear by some individuals should not stop us from making changes for the betterment of the Community Center This position as a Board member is as a volunteer, and unlike some staff members my motives are not motivated by more money or the loss of money. Like most people I work eight (8) hours a day, take care of my family, and my home but, I have made sacrifices in my schedule, to serve this community whenever called upon to do so. Thank you for your consideration of both sides. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNITY SERVICES NO. 91 A. SEDITA-CO. OF ERIE-MAINTENANCE OF RIVERWALK County Executive Joel Giambra has asked the Department of Parks, Recreation and Forestry to respond to your letter regarding Item #207, Maintenance of the Riverwalk. Please be advised that the County of Erie Parks Department's plans for general maintenance of the Riverwalk are as follows: Increase Ranger Patrol and utilizing Rangers more for maintenance duties Regular sweeping of entire Riverwalk Removal of garbage and debris daily Use of Erie County Correctional Facility Crew to cut high grass and trees to improve sight lines Addition of permanent staff to provide more maintenance workers The City of Buffalo still owns Broderick Park. Although the County maintains the Riverwalk, we feel the City should be doing a more thorough job of clearing Broderick Park of garbage and debris. A meeting is scheduled with the Erie County Departments of Parks, Environment and Planning, Public Works and County Legislator Albert DeBenedetti to review progress on current projects and future needs of the Riverwalk. The County, as part of its current project, will reconstruct the Riverwalk crossing at Austin Street, replacing the stairs and adding a ramp. Please be advised that improvements to the Riverwalk are based on discussions with Erie County Departments of Parks, Environment and Planning, Public Works, Legislator Albert DeBenedetti, The Voice of Buffalo Community Group, and Natural Design Standards for Bike/Walking Paths. We will apprise your Honorable Body of any and all future plans for improvements to the Riverwalk. Current blueprints are available for your review. If you have any questions, or would like more information, do not hesitate to contact me at 858-8353. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 92 Page 54 01-0403.txt R ZICARI-CONCERNS-CURFEW LAW I feel the curfew law in Buffalo needs to be addressed. The purpose of the law is to help prevent crimes committed by adolescents, such as vandalism. This is a befitting justification to have such a law, but often the wrong teenagers are targeted. Last August while in Buffalo three of my peers and I were picked up for curfew violations on separate occasions. We were not found committing any crimes. We still did, however, have to go through questioning on our home life, previous activities of the night and what were doing in Buffalo at the Police Community Services Center on Elk Street. Each of us was also told that our parents could be placed under investigation for child neglect if we were ever caught disobeying city curfew again. This is an extremely frightening experience, especially for suburban girls who were never made aware at such laws. This is why I feel the law has lost it's purpose of preventing crimes of an adolescent and now stands as a threat to suburban teenagers to stay out of the city. It instills a fear of the people that live in urban areas. I feel the law should be refocused to juveniles committing acts of violence, vandalism, or loitering in the night. Thank you for your considerations. RECEIVED AND FILED. NO. 93 M. MARTINO-REQ. INFO-HICKORY WOODS On Saturday, March 24, 2001 at approximately 6:30 p.m., it is my understanding that Hickory Woods was the topic of discussion on the Charley Fischer show. Please forward a copy of this show to my office as soon as possible. Hickory Woods is in my district and it is necessary for me to keep my files updated with any information concerning this issue. If you have any questions regarding this matter, please feel free to contact me at ext. 5169. I appreciate your prompt attention to this matter. ADOPTED. PETITIONS NO. 94 P. STRADA, AGENT, USE 2192 NIAGARA FOR SIGN (HRG. 04/10/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 95 B. BAUMKER, AGENT, USE 451 GRIDER FOR ILLUMINATED GROUND SIGN (HRG. 04/10/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC , PLANNING, AND CORPORATION COUNSEL. NO. 96 E. BROWN, AGENT, USE 368 BROADWAY FOR A HUMAN SERVICES FACILITY (HRG. 04/10/01) Page 55 01-0403.txt REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 97 L. MCCLIVE, AGENT, USE 451 FOREST FOR AN ILLUMINATED GROUND SIGN (HRG. 04/10/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 98 S. PORTER, AGENT, USE 173 HANCOCK FOR A GROUND SIGN HRG. 04/10/01 REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 99 D. WATTS, AGENT, USE 210 DELAWARE FOR BANNERS. (HRG. 04/10/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 100 B. GRAY & O-CONCERNS-THE LACK OF BASIC RETAIL OUTLETS IN THE DOWNTOWN AREA. Please file these petitions with the appropriate committees. Attached is the first page of (3800) Thirty Eight Hundred Signatures of Buffalo residents, who are appalled at the lack of basic retail outlets in the downtown area, will be on file in the City Clerks' Office, and made available for review upon request. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENAISSANCE CORPORATION. NO. 101 A. THOMPSON & O-RENAME DELAVAN/MOSELLE CENTER Please file the attached petitions from the Delavan/Grider Block Club Council regarding the renaming of the Delavan/Moselle Center with the Common Council for the upcoming meeting. RECEIVED AND FILED. Regular Committees Civil Service (Barbara A. Miller-Williams, Chairperson) No. 102 Fairness Among Mr. Amer. Wkrs.-Streets/San. Dept. (CCP#202-Feb. 6, 01) Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. Page 56 01-0403.txt ADOPTED No. 103 Appointment Sr. Accountant (Inter) (Compt.) (Item No. 17-C.C.P. Mar. 20, 200 1) That Communication 17, Mar. 20, 2001 be received and filed and the permanent appointment of Christine M. Petschke stated above at the intermediate salary of $37,204 effective on March 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 104 Appointment Supv. Accountant (Inter) (Compt.) (Item No. 18-C.C.P. Mar. 20, 200 1) That Communication 18, Mar. 20, 2001 be received and filed and the permanent appointment of Mark D. Bidell stated above at the intermediate salary of $43,393 effective on March 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 105 Appointment Associate Engr. (Inter) (PW) (Item No. 44-C.C.P. Mar. 20, 200 1) That Communication 44, Mar. 20, 2001 be received and filed and the provisional promotion of David A. Hornung stated above at the intermediate salary of $53,531 effective on March 5, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 106 Appointment Drafting Tech. (Inter) (PW) (Item No. 45-C.C.P. Mar. 20, 200 1) That Communication 45, Mar. 20, 2001 be received and filed and the permanent appointment of Charles N. Long stated above at the intermediate salary of $28,896 effective on March 15, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 107 Appt.-Battalion Chief (Max) (Fire) (CCP#48-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 108 Appt.-Battalion Chief (Perm. Cont.) (Max) (Fire.) (CCP#49-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 57 01-0403.txt AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 109 Appt.-Division Chief (Max) (Fire) (CCP#50-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 110 Appt.-Fire Captain (Max) (Fire) (CCP#51 -Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 111 Appt.-Fire Captain (Perm. Cont.) (Max) (Fire) (CCP#52-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 112 Appt. -Fire Lieutenant (Max) (Fire) (CCP#53-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 113 Appt. -Fire Lieutenant (Perm. Cont.) (Max) (Fire) (CCP#54-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO,COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON AND WILLIAMS- 12 NOES-FISHER- 1 No. 114 Appointment Bldg. Insp. (Max) (Permits/Insp.) Page 58 01-0403.txt (Item No. 67-C.C.P. Mar. 20, 200 1) That Communication 67, Mar. 20, 2001 be received and filed and the permanent appointment of Michael Castro stated above at the maximum salary of $43,809 effective on March 1, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 115 Appointment Asst. Oper. Supv. (Max) (A&F) (Item No. 7 1 -C.C.P. Mar. 20, 200 1) That Communication 7 1, Mar. 20, 2001 be received and filed and the provisional appointment of Carrie Genovese stated above at the maximum salary of $34,975 effective on March 12, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 116 Appointment Clerk (Inter) (Com. Svs.) (Item No. 74-C.C.P. Mar. 20. 200 1) That Communication 74, Mar. 20, 2001 be received and filed and the provisional appointment of Mayda Molina-Wnight stated above at the intermediate salary of $24,585.26 effective on March 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 117 Appointment Clerk (Max) (Com. Svs.) (Item No. 75-C.C.P. Mar. 20, 200 1) That Communication 75, Mar. 20, 2001 be received and filed and the provisional appointment of Ramona L. Lee stated above at the maximum salary of $26,505.19 effective on March 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 118 Notices of Appts. -Temp. /Prov. /Perm. (C. Clk.) (CCP#88-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 119 Renew Lease - Gerace and Geiger - Foot of Bird Avenue (Item No. 10, C.C.P., Mar. 6, 200 1) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Gerace and Geiger, for use of city-owned property known as a portion of the foot of Bird Avenue, for an additional five (5) year period to commence on October 1, 2000 and expiring on September 30, 2005, for the annual rental fee of Five Hundred Dollars ($500.00), under the same terms and conditions as the previous lease. That the Page 59 01-0403.txt Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Passed. AYES - 12 - NOES - 0 No. 120 K. Ellington-COB Franczyk Pk. Drainage Ip. Proj. Wk. Plan. Supp. (CCP#70-Feb. 6, 01) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED No. 121 K. Ellington-Var. Letters- Franczyk Pk. Drainage Impr. Project (CCP#78-Mar. 6, 01) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED No. 122 2001 Greater Buffalo Italian Heritage and Food Festival (Item No. 192, C.C.P., Mar. 20, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Grant Moved: That the North Buffalo Community Development Corp., Hertel-North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 2001 Greater Buffalo Italian Heritage and Food Festival subject to the conditions as listed in Item No. 192, C.C.P., March 20, 2001. Passed. AYES - 12 - NOES - 0 Legislation (Richard A. Fontana, Chairman) No. 123 R. Wales, Petition to Use 942 Main Street - Garden Type Roof Structure (Item No. I 10, C. C. P., Mar. 20, 200 1) That after the public hearing before the Committee on Legislation on March 27, 2001, the petition of R. Wales, agent, for permission to use 942 Main Street for a garden type roof structure be, and hereby is approved subject to conditions as set by the City Planning Board. Passed. AYES - 12 - NOES - 0 No. 124 Ordinance Amendment - Chapter 96 - Bonds and Contracts (Item No. 188, C.C.P., Mar. 6, 2001) (Item No. 179, C.C.P., Mar. 20, 200 1) That after a public hearing on March 27, 2001, the Ordinance Amendment as contained in Item No. 188, C.C.P., March 6, 2001, be and the same hereby is approved. Passed AYES - 12 - NOES - 0 Page 60 01-0403.txt No. 125 Appts.-Cit. Sal. Rev. Comm. (Compt.) (Castro) (CCP#8-March 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 126 S. A. Herbert & O-Supp. Free Pkg. for Disabled/Handicapped Persons (CCP#94-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 127 G. Turner & O-Retention of Free Pkg. for Disabled/Handicapped Persons (CCP#95-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 128 J. Barrett & O-Supp. Free Pkg. for Disabled/Handicapped Persons (CCP# I I I -March 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 129 E. Stringfellow & O-Supp. Free Pkg. for Disabled (CCP# I 12-March 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No.130 New E.C. Cthse Plaza Easement (#158,2/6)(#36, 1/9)(Law) (CCP4145-March 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 131 Traffic Plan-Eric Co. Courthouse (PW) (CCP#42-March 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 132 Jefferson Avenue at East Utica Street - Newsstand (Item No. 109, C.C.P., Oct. 17, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. James W. Ragland, Jr., owner of the newsstand located Page 61 01-0403.txt at the northeast corner of Jefferson Avenue and East Utica Street, to install a newsstand, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtains an annual newsstand license from the Division of Licenses as described in Chapter 289 of the City Ordinances. 2. That the applicant obtains a building permit and any and all other City of Buffalo permits necessary. 3. That the applicant obtain written permission from the owner of the property which abuts the right-of way which the newsstand occupies. 4. That the newsstand does not exceed fifteen feet (15') in length or four feet (4') in width. 5. That the applicant supply the City of Buffalo with a 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 newsstand. LAID ON THE TABLE No. 133 Traffic Signal-Kensington & Poultney (PW) (CCP#36-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 134 B. Grant-Status of Mtgs. W/Pub. Wks. -Signal-Kensington/poultney (CCP#82-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 135 Request Full Right-of Way Restoration (Item No. 267, C.C.P., June 13, 2000) That the Corporation Counsel be requested to draft an ordinance that requires all entities that use the right-of-way to return the right-of-way to the life expectancy and condition that existed prior to excavation, in a manner that will not require any extraordinary maintenance, to the satisfaction of the Commissioner of Public Works, Parks and Streets. PASSED AYES - 12 - NOES - 0 No. 136 M. Krajewski-Concerns-73 Jones St. (CP) (CCP#33-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 137 M. Krajewski - 73 Jones Street (PW) (Item No. 32, C.C.P., Feb. 6, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to change the parking on one (1) side of Fleming Street and to submit the appropriate ordinances to accomplish such change. Page 62 01-0403.txt Passed. AYES - 12 - NOES - 0 No. 138 Pkg. Reg-Fleming at Jones St. Public Wks. Response (CP) (CCP#17-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 139 Secondhand Dealer - 1130 Lovejoy (Item No. 6 1, 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 Helen Schaffer, d/b/a I-Tel en's House of Bargains located at 113 0 Lovejoy. Passed. AYES - 12 - NOES - 0 No. 140 Secondhand Dealer - 2280 Seneca Street (Item No. 63, C. C. P., Mar. 2 0, 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 Judith Jaeckle, d/b/a Southtowns Ladd Thrift Shop located at 2280 Seneca. Passed. AYES - 1 - NOES - 0 No. 141 Used Car Dealer License - 2290 Fillmore Avenue (Item No. 75, C.C.P., Jan. 23, 2001) (Item No. 13 5, C. C.P., Feb. 20, 2 00 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Willie Rivers, d/b/a Florida Mart Used Cars, located at 2290 Fillmore Avenue with the following conditions: 1. Only seven (7) automobiles are permitted on the lot at a time. 2. That no automobile repair on the exterior of the premises. 3. That no garbage or rubbish be permitted on the lot. Passed. AYES - 12 - NOES - 0 No. 142 D. Caldarelli & O-Obj. to relocating CTS Rock Crushing Fac., etc.-Sen.jBab. (CCP#89-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 143 P. Bogucki & O-Var. Let.-Opp. Reloc.-CTS Rock Page 63 01-0403.txt Crushing Fac.-Sen./Bab. (CCP#77-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 144 Electric Joint Purchasing Agreement (Item No. 3 9, C. C. P., Mar. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved That the above item hereby is received and filed. ADOPTED No. 145 M. Marsh - Hyatt Corp. - Intent to Make Alterations (Item No. 104, C. C. P., Mar. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 146 Moratorium on Banners on Niagara Square (Item No. 213, C. C.P., Mar. 20, 200 1) That effective as of the date of adoption of the resolution, and until January 1, 2002, a moratorium is placed on the installation of banners in or extending over Niagara Square, pending the establishment of better criteria for the erection of banners. Passed. AYES - 12 - NOES - 0 Community Development (Beverly A. Gray, Chairperson) No. 147 M. Meadows & O-Opp. Pfiefer Theater/Alleyway/Use Other Than Theater (CCP#104-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 148 Pfiefer Theatre (Law) (CCP#53-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 149 E. Schneider-UB 48. Foundation-Legal Issues-Sale of Pfeifer Theatre (CCP#108-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 150 Status of Lakeview Hope VI Phase 11 (CCP#198-Jan. 23, 01) That the above item be and the same hereby is received Page 64 01-0403.txt and filed. ADOPTED No. 151 Sudden Closing of Empire Brewing Company (CCP#168-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 Empire Brewing Loan (BERC) (CCP#66-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 153 Empire Brewing Loan (BERC) (CCP#79-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 154 Environmental Issues (Item No. 9, C. C.P., Dec. 12, 2000) That the Common Council does hereby adopt and endorse the strategy to address environmental problems in the acquisition and development of property as outlined in the above-communication. Adopted No. 155 Upgrading the Common Council's SEQR Process (Item No. 170, C.C.P., Oct. 31, 2000) That the above item hereby is received and filed ADOPTED No. 156 EMC Advisories to Common Council on SEQR (Env. Mgmt. Comm) (CCP#7-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED Special Committees BUDGET COMMITTEE (Rosemarie LoTempio, Chairperson) No. 157 Supp. Wage Withholding Rates (Compt) (#33, 10/3 1) (CCP# I 16-Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 158 "Munis"- Supplemental Wages Withholding Rates (Bd. Ed.) (#65, 11/1.4) (CCP# I 17-Feb. 2001) That the above item be and the same hereby is received and filed. Page 65 01-0403.txt ADOPTED RESOLUTIONS By: Karen R. Ellington No. 159 Permission to Hang Banner Whereas: The Broadway-Fillmore Village Coalition under the auspices of the Neighborhood Information Center, Inc. has planned and will be conducting a Week-End Heritage Festival, during the second weekend of May, 2001; and Whereas: The purposes of this event are to reawaken annual pride by having a very positive co-sponsored event on the East Side, and to unite the diverse communities that live therein; and Whereas: Two of the largest ethnic groups in Buffalo, African-Americans and Polish Americans, together, intend to re-educate the community at large regarding their contributions to the American Dream; and Whereas: On Saturday, May 12, 2001, there will be a parade and other festivities honoring the two highlighted figures; Thaddeus Kosciuszko, a Polish Patriot and brilliant military strategist of the Revolutionary War and Rev. Dr. Martin Luther King, Jr., Pastor and Civil Rights Leader of the 1950's and 1960's; and Whereas: To announce this special event, the Broadway-Fillmore Village Coalition is seeking permission from this honorable body, to hang a banner across Broadway Avenue from the side of the Broadway Market at 9919 Broadway, to a lamppost directly across the street, from April 12, 2001, to May 14, 200 1; and Now, Therefore, Be It Resolved: That the Common Council of the City Of Buffalo grants permission to the Broadway-Fillmore Village Coalition, to hang a banner across Broadway Avenue, announcing its parade and festival to be held on the weekend of May 12, 2001 and May 13, 2001; and Be It Further Resolved: That said Banner will hang across Broadway Avenue attached to a light fixture at 998 Broadway, and the Broadway Market at 999 Broadway, from April 12, 2001 to May 14, 200 1; and Be It Finally Resolved: That said banner meets all the requirements set forth by the Department of Public Works and the Corporation Counsel, and that no existing laws are violated. PASSED AYES - 12 - NOES - 0 No. 160 RESOLUTION By: Karen R. Ellington Central Terminal Restoration Corporation Whereas: The Central Terminal Restoration Corporation (CTRC) P.O. Box #468, Buffalo, New York 14212 is the current owner of record of the property known as the Central Terminal, 495 Paderewski Drive, Buffalo, new York 14212-1635; and Whereas: The CTRC has filed a claim against the City of Buffalo for alleged damages to portions of the Central Terminal's topsoil, grass and trees planted in previous years; and Whereas: The Corporation Counsel for the City of Buffalo Page 66 01-0403.txt recommends settlement of the claim of CTRC in the amount of $57,790.81; Now, Therefore, Be It Resolved: That the Comptroller for the City of Buffalo audit any and all accounts of the Central Terminal, and to determine if there are any monies due and owing to the City of Buffalo; and if so, then identify the entity responsible for payment of the same; and Be It Finally Resolved: That a copy of this Resolution, be forwarded to the City Comptroller's office. REFERRED TO THE COMMITTEE ON FINANACE CORPORATION COUNSEL, COMPROLLER, COMMISSIONER OF ADMINSTRATION AND FINACE AND COMMISSIONER OF PUBLIC WORKS No. 161 RESOLUTION By: Karen R. Ellington Former School # 62- 376 Urban Street Whereas: The former school #62, known as 376 Urban Street (a housing complex) is owned by the Broadway-Fillmore Neighborhood Housing Services, Inc.; and Whereas: On March 8, 2001, the facility located at 376 Urban Street was cited by Lt. Melvin Drakeford of the Fire Prevention Bureau, as having a major and principal violation of "inadequate fire stopping in the interstitial attic space above the second floor" and other lesser deficiencies; and Whereas: On March 13, 2001, there was a meeting in City Hall on this matter, with all parties of interest participating, at which time it was agreed that within two weeks, a comprehensive plan of resolution would be presented to my office; and Whereas: Although it appears that some remedial actions have been initiated, as of this date, March 29, 2001, 1 have not received this comprehensive plan of resolution nor a report of all corrective actions made to date; and Now Therefore Be It Resolved: That the Department of Strategic Planning obtain a copy of the original architectural plans, which were used to construct this facility; and Be It Further Resolved: That the original contractor who built this facility be identified; and Be It Further Resolved: That the name of the building inspector that approved the completed facility be identified; and Be It Further Resolved: That the Department of Strategic Planning forward to the Common Council, the approved plan to remedy all deficiencies identified by the Fire Prevention Bureau; and Be It Further Resolved: That the Department of Strategic Planning submit, to the Common Council, a report of all actions taken by the Broadway-Fillmore Neighborhood Housing Services, to remedy the identified deficiencies cited by the Fire Prevention Bureau, regarding 376 Urban Street; and Be It Finally Resolved: That the above request for information be filed with the City Clerk's Office by 2:00 P.M., Thursday, April 12, 2001, and a copy of this Resolution, be forwarded to the Department of Strategic Planning. Page 67 01-0403.txt REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF STRATEGIC PLANNING AND FIRE PREVENTION NO. 162 BY: KAREN R. ELLINGTON REQUEST TO WAIVE FEE- "PORTABLE STAGE" Whereas: The Broadway-Fillmore Village Coalition under the auspices of the Neighborhood Information Center, Inc. has planned and will be conducting a Week-End Heritage Festival, during the second weekend of May, 2001; and Whereas: The purposes of this event are to reawaken annual pride by having a very positive co-sponsored event on the East Side, and to unite the diverse communities that live therein; and Whereas: Two of the largest ethnic groups in Buffalo, Affican-Americans and Polish Americans, together, intend to re-educate the community at large regarding their contributions to the American Dream; and Whereas: On Saturday, May 12, 2001, there will be a parade and other festivities honoring the two highlighted figures; Thaddeus Kosciuszko, a Polish Patriot and brilliant military strategist of the Revolutionary War and Rev. Dr. Martin Luther King, Jr., Pastor and Civil Rights Leader of the 1950's and 1960's; and Whereas: Although Thaddeus Kosciusko and Dr. Martin Luther King Jr. come from different cultures, Both expressed the same dream: "All people must be free, in order to reach their full God-given potential"; and Whereas: This event has been made possible by the generosity of volunteers in the community. It is a non-profit activity without an operating budget to defray associated costs; and Whereas: The "Kosciuszko-King Festival Committee" has requested the use of the Parks Department portable stage for this event, however, there is a $400.00 fee for the use of the stage; Now, Therefore, Be It Resolved: That the Buffalo Common Council waive the $400.00 portable stage fee for the Saturday, May 12, 2001, Heritage Festival's events. PASSED AYES -12 NOES - 0 NO. 163 BY: MS. ELLINGTON SECTION SIX FOOTBALL Whereas: There is a state-wide High School Football competition series, which is divided into II Sections, with Western New York (WNY) teams participating to represent Section Six as champions; and Whereas: Most WNY suburban students participate in Section Six Football competition; and Whereas: Presently, City of Buffalo High School Students do not participate in this sectional playoff series, and therefore do not gain this valuable experience and exposure; and Whereas: It is our objective to provide the City of Buffalo High School Students with the same level and quality of football competition and experience as their suburban counterparts; and Whereas: In order for the City of Buffalo High Schools to be able to play in the Section Six Football playoff series, there Page 68 01-0403.txt must exist between 8 and 10 quality level football fields to host the weekly playoffs leading to the Section Six Series Championship; and Whereas: At present, there are only three quality level competition football sites available and designated as potential Section Six competition Sites; and Whereas: The NFL has awarded a $100,000 grant to assist in the construction of a quality Little League Football field (along with bleachers, changing facilities, a concession stand and other amenities) at Emerson High School; and Whereas: The City of Buffalo has already committed sufficient dollars in matching funds for the NFL Grant, and thus construction of the Little League competition site will begin in the spring of 2001; and Whereas: There is sufficient space at the Emerson site, already owned by the City of Buffalo for an additional full size football field for Section Six competition; and Whereas: While a playoff level stadium at Emerson would not by itself give the City of Buffalo enough facilities to qualify for Section Six, it would be an important step toward attaining Section Six status; and Whereas: By considering this location as one of the additional needed sites, and constructing a full size field there, there are the obvious advantages of being able to benefit from the existing amenities of changing facilities for the players, bleachers, a concession stand, etc.; and Whereas: There may be additional valuable economics, efficiencies and savings, while meeting our students needs, if the City of Buffalo and the Board of Education could find a way to combine their resources and capabilities. Now, Therefore Be It Resolved: That the Common Council sub-committee on Recreation and Sports be requested to begin formal discussions with the Buffalo Board of Education to explore the feasibility of the Buffalo Board of Education supporting and participating in the development and maintenance of a football complex that includes a high school playoff level football field in Emerson Park, behind Emerson High School; and Be It Further Resolved: That the Board of Education be requested to enter into discussions with the City of Buffalo Common Council on augmenting the Emerson Football project to include a high school playoff level football field; and Be It Finally Resolved: That the City Clerk be directed to forward a certified copy of this resolution to the Board of Education. REFERRED TO THE COMMINTTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 164 BY: CHARLEY H. FISHER III COMPLAINTS OF BIGOTRY IN THE BUFFALO FIRE DEPARTMENT Whereas: Because of a fire scene incident occur on February 12, 2001, in which Battalion Chief Anthony Hines (B-44 2 n Battalion) in a conversation with F.F. Robert Galloway admitted to using a derogatory term to describe African Americans, and Whereas: On that date Battalion Chief Anthony Hines misused his authority as a chief officer by discussing Union business in an intimidating manner to the crew of Engine 33 (2) in the capacity of a high ranking supervisor. Page 69 01-0403.txt Whereas: Battalion Chief Anthony Hines has demonstrated a clear inability to differentiate his responsibility and authority of being both a BFD Battalion Chief and Vice President of Local 282. He has further demonstrated he can not control his emotions or contain personal opinions. Whereas: Battalion Chief Anthony Hines actions demonstrated a willful disregard for "harassment laws" mandated by the BFD. Whereas: Battalion Chief Anthony Hines has demonstrated insensibility and biased toward certain members of the BFD. It is concluded that firefighters can not encompass faith in his administrative discretion or his incident command on the fire ground. Whereas: Because Battalion Chief Anthony Hines has demonstrated willful arrogance with near megalomaniac tenancies were conclude Chief Hines is a safety risk to his subordinates and the public at large. Whereas: The MOCHA Society has voted a statement of "no confident" on Battalion Chief Anthony Hines, Now, Therefore, Be It Resolved: That for the betterment of the BFD and Local 282 and the public at large The Buffalo Common Council is calling for the immediate investigation and termination if warranted by the facts obtained in the investigation of Battalion Chief Anthony Hines from the Buffalo Fire Department, and Local 282. Be It Further Resolved: That Commissioner Cornelius Keane and Human Resources Commissioner Katehrine O'Hara are requested to appear before the next Civil Service Committee to answer any questions or hear any concerns regarding this issue. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN RESOURCES NO. 165 BY: MR. GOLOMBEK FOREVER ELMWOOD 2001FARMERS MARKET DELAWARE AVENUE BANNER Whereas: Organizers of Forever Elmwood are holding a Farmers Market on Saturday mornings along Bidwell Parkway, and Whereas: This year marks the 4th annual Farmers Market, and Whereas: To publicize the market, Forever Elmwood has requested permission to display a banner across Delaware Avenue just north of Gates Circle from light pole #50 on the east side to light post #55 on the west side of Delaware Avenue, and Whereas: The period the banner will be on display is from May 270', 2001 through November 3th,2001. Be It Resolved: Pursuant to the conditions set forth by the Commissioner of Public Works, the sponsors of the Forever Elmwood Farmers Market be granted permission to hang a banner on Delaware Avenue from May 27th,2001 through November 3th 2001. Be It Finally Resolved: That this Honorable Body waives all applicable City of Buffalo fees required for display of the Forever Elmwood Farmers Market banner. PASSED AYES -12 NOES - 0 Page 70 01-0403.txt NO. 166 BY: MRS. GRANT BOND RESOLUTION $25,000 BONDS LIBRARY IMPROVEMENTS ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $25,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the Crane Library, North Park Library and Fairfield Library, at the total estimated maximum cost of $25,000. 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 Twenty-Five Thousand Dollars ($25,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the Crane Library, North Park Library and Fairfield Library. The total estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $25,000 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, "Library Improvements (Crane, N. Park, Fairfield Branches), 2000-0l," Account No. 3000-32, and shall be used for the specific objects or purposes 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 $25,000. 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 buildings to be partially reconstructed are of at least Class "B" construction, as defined by Section 11.00 a. 11(b) of the Law and the period of probable usefulness applicable to the specific objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Page 71 01-0403.txt Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 167 BY: MRS. GRANT: BOND RESOLUTION $200,000 BONDS DELAWARE PARK IMPROVEMENTS ACCOUNT NO. 3000-40 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 improvements to Delaware Park, 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 cost of improvements to Delaware Park, including renovation of facilities, The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $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 Page 72 01-0403.txt 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 Parks, "Delaware Park Improvements, 2000-01 " Account No. 3000-40, 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 $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is w i t h i n t w e n t Page 73 01-0403.txt y days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 168 BY: MRS. GRANT: BOND RESOLUTION $200,000 BONDS IMPROVEMENTS TO CITY PARKS & PLAYGROUNDS ACCOUNT NO. 3000-40 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 improvements in various parks and play areas in the City, 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 cost of improvements in various parks and play areas in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $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 Parks, "City-wide Parks and Playground Improvements, 2000-01 " Account No. 3000-40, 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 $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds Page 74 01-0403.txt authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 169 BY: MRS. GRANT: BOND RESOLUTION $200,000 BONDS NIAGARA STREET INFRASTRUCTURE ACCOUNT 3000-31 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 the infrastructure improvements in the lower Westside on Niagara Street, 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 cost of the infrastructure improvements in the lower Westside on Niagara Street. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is Page 75 01-0403.txt $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 Engineering, "Lower West Side/Niagara St. Redevelopment, 2000-01", Bond Authorization Account No. 3000-31, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (C) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE Page 76 01-0403.txt NO. 170 BY: MRS. GRANT: BOND RESOLUTION $225,000 BONDS ROOSEVELT PARK REDEVELOPMENT ACCOUNT NO. 3000-40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $225,000 General Improvement Bonds of said City to finance the cost of improvements to Roosevelt Park, at the estimated maximum cost of $225,000. 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 Twenty-Five Thousand Dollars ($225,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to Roosevelt Park, including improvements to facilities and recreation spaces, The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $225,000 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 Parks, "Roosevelt Park Redevelopment, 2000-01 " Account No. 3000-40, 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 $225,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 Page 77 01-0403.txt of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 171 BY: MRS. GRANT BOND RESOLUTION $230,000 BONDS RECONSTRUCTION OF STREETS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $230,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements at the Richmond Avenue and Ferry Street intersection, at the estimated maximum cost of $230,000. 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 Thirty Thousand Dollars ($230,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure improvements at the Richmond Avenue and Ferry Street intersection. 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 $230,000, 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 Page 78 01-0403.txt Public Works, Division of Engineering, "Infrastructure Richmond/Ferry Circle, 2000-01 ", Bond Authorization Account No. 30CIO-3 1, 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 $230,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 172 BY: MRS. GRANT: BOND RESOLUTION $250,000 BONDS CURB REPLACEMENT ERSKIN AVENUE ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, Page 79 01-0403.txt authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of the installation of new curbs along Erskin Avenue in the University District, at the estimated maximum cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the installation of new curbs along Erskin Avenue in the University District. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Curb Replacement-Erskine Ave, 2000-01 ", Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall Page 80 01-0403.txt be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 173 BY: MRS. GRANT: BOND RESOLUTION $285,000 BONDS SYMPHONY CIRCLE INFRASTRUCTURE IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $285,000 General Improvement Bonds of said City to finance the cost of infrastructure improvements to Symphony Circle including lighting modernization, at the estimated maximum cost of $285,000. 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 Eighty-Five Thousand Dollars ($285,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure improvements of Symphony Circle including lighting modernization. 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 $285,000, 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 Engineering, "Infrastructure Improvements-Symphony Circle Lighting, 2000-01 ", Bond Authorization Account No. 3000-31, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for Page 81 01-0403.txt 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 $285,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.90 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 174 BY: MRS. GRANT: BOND RESOLUTION $400,000 BONDS INFRASTRUCTURE-ELLICOTT DISTRICT & FRUITBELT ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements in the Ellicott District and its Fruitbelt Neighborhood, at the estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Page 82 01-0403.txt Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the infrastructure improvements in the Ellicott District and its Fruitbelt Neighborhood. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 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 Engineering, "Infrastructure-Ellicott Dist & Fruitbelt, 2000-01", Bond Authorization Account No. 3000-31, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in Page 83 01-0403.txt anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 175 BY: MRS. GRANT: BOND RESOLUTION $400,000 BONDS RECONSTRUCTION OF STREETS, SIDEWALKS & CURBS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements on various streets, curbs and sidewalks in the North District, at the estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure improvements on various streets, curbs and sidewalks in the North District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 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 Engineering, "Streets, Sidewalks & Curbs-North Dist, 2000-01 ", Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section Page 84 01-0403.txt 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced LAID ON THE TABLE NO. 176 BY: MRS. GRANT: BOND RESOLUTION $400,000 BONDS RECONSTRUCTION OF STREETS, SIDEWALKS & CURBS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements on various streets, curbs and sidewalks in the Niagara District, at the estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the Page 85 01-0403.txt 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 Three Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure improvements on various streets, curbs and sidewalks in the Niagara District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 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 Engineering, "Streets, Sidewalks & Curbs-Niagara Dist, 2000-01 ", Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to-the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend Page 86 01-0403.txt money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 177 BY: MRS. GRANT: BOND RESOLUTION $450,000 BONDS MCCARTHY PARK IMPROVEMENTS ACCOUNT NO. 3000-40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $450,000 General Improvement Bonds of said City to finance the cost of improvements to McCarthy Park, at the estimated maximum cost of $450,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Fifty Thousand Dollars ($450,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to McCarthy Park, including a new park, concession stand and additional sports fields, The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $450,000 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 Parks, "McCarthy Park Improvements, 2000-01 " Account No. 3000-40, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $450,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Page 87 01-0403.txt Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 178 BY: MRS. GRANT: BOND RESOLUTION $500,000 BONDS LASALLE PARK IMPROVEMENTS-PHASE III ACCOUNT NO. 3000-40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City to finance the cost of improvements to LaSalle Park, at the estimated maximum cost of $500,000. 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 Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to LaSalle Park including landscaping, and new baseball and soccer fields. The estimated maximum cost of said class of objects or purposes for which the bonds Page 88 01-0403.txt authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 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 Parks, "LaSalle Park Improvements-Phase 111, 2000-01 " Account No. 3000-40, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: Page 89 01-0403.txt LAID ON THE TABLE NO. 179 BY: MRS. GRANT: BOND RESOLUTION $550,000 BONDS STREET OVERLAY-PARKRIDGE AVENUE ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $550,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Parkridge Avenue between Kensington Avenue and East Amherst Street, at the estimated maximum cost of $550,000. 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 Five Hundred Fifty Thousand Dollars ($550,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the partial reconstruction of Parkridge Avenue between Kensington Avenue and East Amherst Street. 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 $550,000, 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 Engineering, "Street Overlay Parkridge (Kensington to E. Amherst), 2000-01 ", Bond Authorization Account No. 3000-3 1, 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 $550,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution Page 90 01-0403.txt and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 180 BY: MRS. GRANT: BOND RESOLUTION $600,000 BONDS SOUTH BUFFALO ROW IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $600,000 General Improvement Bonds of said City to finance the cost of infrastructure and traffic improvements in the South District, at the estimated maximum cost of $600,000. 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 Six Hundred Thousand Dollars ($600,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure and traffic improvements in the South District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $600,000, 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 Page 91 01-0403.txt by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "South Buffalo ROW Improvements, 2000-01 ", Bond Authorization Account No. 3000-3 1, 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 $600,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.90. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of die constitution. Introduced: LAID ON THE TABLE NO. 181 BY: MRS. GRANT BOND RESOLUTION $600,000 BONDS Page 92 01-0403.txt HOPE VI INFRASTRUCTURE IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $600,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements to Trenton, Efner and Hudson streets, at the estimated maximum cost of $600,000. 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 Six Hundred Thousand Dollars ($600,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the infrastructure improvements to Trenton, Eftier and Hudson streets- The estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $600,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2001-02, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Hope VI Infrastructure Improvements, 2001-02", Bond Authorization Account No. 3000-31, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $600,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real Page 93 01-0403.txt property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 182 BY: MRS. GRANT BOND RESOLUTION $700,000 BONDS RECONSTRUCTION OF STREETS, SIDEWALKS & CURBS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $700,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements on various streets, curbs and sidewalks in the Delaware District, at the estimated maximum cost of $700,000. 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 Seven Hundred Thousand Dollars ($700,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of infrastructure improvements on various streets, curbs and sidewalks in the Delaware District. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $700,000, 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 Page 94 01-0403.txt Public Works, Division of Engineering, "Streets, Sidewalks & Curbs-Delaware Dist, 2000-01 ", Bond Authorization Account No. 3000-3, 1, 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 $700,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a.20. of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with., and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 183 BY: MRS. GRANT BOND RESOLUTION $1,900,000 BONDS LOVEJOY DISTRICT PARK IMPROVEMENTS-PHASE III ACCOUNT NO. 3000-40 Page 95 01-0403.txt Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,900,000 General Improvement Bonds of said City to finance the cost of improvements to Lovejoy District parks, at the estimated maximum cost of $1,900,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Nine Hundred Thousand Dollars ($1,900,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements to Lovejoy District parks, including Schiller, Hennepin, Stachkowski, and Walden Parks, The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,900,000 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 Parks, "Schitler, Hennepin, Stachkowski, Walden Pks-Phase 11 Master Plan, 2000-01 " Account No. 3000-40, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,900,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal Page 96 01-0403.txt of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 184 BY: MRS. GRANT BOND RESOLUTION $2,000,000 BONDS CITYWIDE TREE REMOVAL & PLANTING ACCOUNT 3000-40 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City to finance the cost of removal of diseased trees and the planting of new trees in the City at the estimated maximum cost of $2,000,000. 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 Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of removal of diseased trees and the planting of new trees in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2001-2002, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited. in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Citywide Tree Trimming & Removal, 2001-02, " Bond Authorization Account No. 3000-3 1, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are Page 97 01-0403.txt reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 57 (Ist) of the Local Finance 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 a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if. (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with., and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced LAID ON THE TABLE NO. 185 BY: MRS. GRANT BOND RESOLUTION $2,000,000 BONDS INFRASTRUCTURE IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements throughout the City, at the estimated maximum cost of $2,000,000. 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 Page 98 01-0403.txt 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 Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the infrastructure improvements to various streets, sidewalks, curbs, street lighting, bridge repairs and other street right-of way enhancements located throughout the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2001-02, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Infrastructure Improvements, 2001-02", Bond Authorization Account No. 3000-31, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11 - 00 a.90. of the Local Finance Law, is ten (10) years. Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only Page 99 01-0403.txt if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. Introduced: Introduced LAID ON THE TABLE NO. 186 BY: MRS. GRANT BOND RESOLUTION $2,000,000 BONDS IMPROVEMENTS TO CITY PARKS & PLAYGROUNDS ACCOUNT NO. 3000-40 Bond Resolution of the City of Buffalo, New York, authorizing the! issuance of $2,000,000 General Improvement Bonds of said City to finance the cost of improvements in various parks and play areas in the City, at the estimated maximum cost of $2,000,000. 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 ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of improvements, including eliminating hazardous conditions, in various parks and play areas in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2001-02, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Parks, "City-wide Parks and Playgrounds, 2001-02" Account No. 3000-40, 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 $2,000,000. 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 suited: Page 100 01-0403.txt (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 187 BY: MRS. GRANT INCREASED APPROPRIATION SOLID WASTE ENTERPRISE FUND That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Solid Waste - Auditing Services be and the same hereby is increased in the sum of $200,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 52510015 - 340000 Solid Waste - Charges for Services $200,000 To meet the increased appropniation as set forth below: 52002606 - Solid Waste - Refuse & Recycling 432001 - Auditing Services $200,000 PASSED AYES -12 NOES - 0 Page 101 01-0403.txt NO. 188 BY: MRS. GRANT TRANSFER OF FUNDS PARKING METERS & ENFORCEMENT TOWING & STORAGE OPERATIONS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,805 be and the same is hereby transferred from the Division of Parking Meters & Enforcement and said sum is hereby reappropriated as set forth below: From: Capital Outlay 11413007-474200 Parking Meter & Enforcement - Vehicles $1,219 11413 007-474 100 Parking Meter & Enforcement - Equipment $ 586 To: Capital Outlay 11412007-474200 Towing & Storage Operations - Vehicles RM $1,805 PASSED AYES -12 NOES - 0 NO. 189 BY: MRS. GRANT TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $452,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $452,000 To: Capital Project Fund 31651206 - Main Humboldt Right-of-Way Enhancements $75,000 36320106 - McKinley Monument Structural Analysis $40,000 31751406 - Ferry St. Lift Bridge Rehab $30,000 36320206 - Lanigan Community Center Master Plan $20,000 36310106 - Elmwood Avenue Bryant to North $75,000 31840706 - Genesee Street Reconstruction $150,000 31851306 - Broadway Garage Study $32,000 36320406 - Co-Generation/District Heat Planning Studies $30,000 Total $452,000 PASSED AYES -12 NOES - 0 Page 102 01-0403.txt NO. 190 BY: MS. GRAY RE: ORDINANCE AMENDMENT CHAPTER 437 - TAXICABS AND LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 437-6 of Chapter 437 of the Code of the City of Buffalo be amended to read as follows: 437-6. License application and issuance; conditions. A. Application for a taxicab or livery license shall be made to the Director of Licenses and Permits by the owner, in writing, duly sworn to, upon forms to be furnished by said Director, and shall show the owner's name and address, the motor number and make of the vehicle, the year manufactured, the New York State license number attached thereto, the size of the tires used and the make, type and number or other descriptive designation of the taximeter, together with an accurate and complete statement of the color of said taxicab or livery and, if more than one (1) color, a description of the color design thereof. An application for a livery license shall indicate if said vehicle operates through a dispatcher and, if so, the identification of said dispatcher service. The Director of Licenses and Permits may require such further information as he deems necessary. B. The Director of Licenses and Permits shall cause the motor vehicle described in the application to be inspected and the taximeter attached thereto to be tested. If the motor vehicle is found to be clean and in proper condition for the safe transportation of passengers and the taximeter attached thereto, upon test, is found to register correctly, the Director of Licenses and Permits shall issue a license for such vehicle, and the taximeter attached thereto shall be sealed. The owner of any licensed taxicab or livery shall securely affix to such licensed taxicab or livery on the outside thereof at the rear of the vehicle, in a conspicuous place, a metal plate, showing the number assigned to such taxicab or livery. The licensing of such vehicle should be subject, however, to the following conditions (1) If it shall appear that the color design stated in the application for the license of any taxicab or livery, if said taxicab or livery is of more than one (1) color, or if it appears at any time, upon inspection of any taxicab or livery, that the color design thereof is so similar to the color design of other taxicabs or liveries as to be liable to deceive the public then the Director of Licenses and Permits is authorized to with-hold a license to said applicant or to revoke or suspend the license thereof until the color design of said taxicab or livery has been changed or altered so as not to resemble the color design of any other taxicab or livery operated under separate ownership and so as not to deceive the public. Any applicant for a license for a taxicab or livery of more than one (1) color shall be entitled to use the color design thereof, provided that such applicant establishes to the satisfaction of the Director of Licenses and Permits that such applicant was using said color design upon his taxicab or livery at the time of the enactment of this chapter and was the first to continuously use said design in the City of Buffalo or, in case of a new design, that the same is not being used by any taxicab or livery owner. After being licensed, no color Page 103 01-0403.txt design of any taxicab or livery shall be changed without the written approval of the Director of Licenses and Permits. (2) An owner who drives his own cab or livery exclusively may place the words owner driver on the outside of the front doors thereof immediately below the windows in letters contrasting strongly with the color of the vehicle, not less than two (2) inches high. However, taxicabs or liveries so marked must be operated by no one other than the licensed owner, under penalty of having the license suspended or revoked. (3) No person shall drive or operate upon the streets of the city any passenger automobile with a seating capacity in the interior thereof for seven (7) or fewer passengers and registered as an omnibus by the State of New York, while such vehicle has a taximeter or unusual or distinctive equipment, device, design, color, numbers or lettering liable to deceive the public that such vehicle is a licensed taxicab or livery as above provided, unless such vehicle is duly licensed under this section. A livery shall not have a dome light or other lights located on the roof of the vehicle or the words "taxi," "taxicab" or words of similar import on the vehicle. (4) The mileage rates fixed by this chapter shall be displayed on each taxicab and livery so as to be readily visible to passengers entering the vehicle. The rates shall be painted in a contrasting color on both rear doors of all licensed taxicabs and liveries in lettersand figures which shall be not less than three-eighths (3/8) of an inch in height. (5) A taxicab or livery may have illuminated advertising billboards, placards or similar devices, no larger than eighteen (18) inches high by four (4) feet six (6) inches long, attached securely to the roof or trunk of the vehicle, not to exceed the length or width of such roof or trunk.. The advertising displayed upon livery vehicles shall not include the words "taxi" or "taxicab" or words of similar import. C. No person shall be entitled to or receive a license for a taxicab or livery by reason of having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character when such reason is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless: (a) there is a direct relationship between one or more of the previous criminal offenses and the personal transportation for hire industry; or (b) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel PASSED AYES -12 NOES - 0 NOTE:Matter underlined is new. NO. 191 BY:MRS. LOTEMPIO WAIVE RENTAL FEES & TICKET SURCHARGE FOR DUNN TIRE PARK Whereas: The Director the Stadium, Mr. Michael Masiello, Page 104 01-0403.txt requested permission of this Council to extend the pilot program, Waiving Rental Fees for Dunn Tire Park for an additional year; and Whereas: Permission was approved per C.C.P. Item 208 of March 20, 2001; and Whereas:These fees are waived on a case by case basis for the benefit of the community; and Whereas:Efforts are continuing to promote the Stadium and encourage a variety of events; and Whereas: Tentative arrangements for two such promotions are underway. These promotions, Kiss the Summer Hello to be held on May 28th, 2001 and a Taste of Country to be held on June 3rd, 2001 are expected to draw large audiences; and Whereas: Additional events held at the Stadium have a positive impact on the City of Buffalo, specifically downtown Buffalo; and Whereas: The Promoters of these events have requested a waiver of the rental fee in addition to the 5% ticket surcharge for use of the stadium; and Whereas: The Promoters, will pay all of the incremental costs associated with conducting these events; and Whereas: In each case both parties will enter the standard contractual agreement concerning the use of Dunn Tire Park; and Now Therefore Be It Resolved: This Honorable Body authorizes the waiver of the rental fee for use of Dunn Tire Park and the 5% ticket surcharge, for the Kiss the Summer Hello event May 28th, 200f'~Wt"Jie"' Taste of Country event June 3rd 2001. PASSED AYES -12 NOES - 0 NO. 192 BY: MRS. LOTEMPIO WAIVE TICKET SURCHARGE FOR "DRUMS ALONG THE WATERFRONT" EVENT Whereas: On June 17, 2001, an event titled "Drums Along the Waterfront" will take place at Dunn Tire Park; and Whereas:Drums Along the Waterfront, a Drum Corps International sanctioned youth activity, is an event that has been held at Dunn Tire Park for the past five years; and Whereas:A local promoter, Jack 0. Gaylord, Jr., of Grace Events Inc-has requested a waiver of the 5% ticket surcharge for use of the stadium; and Whereas:Drums Along the Waterfront will continue with their efforts, using the event as a vehicle to raise money for the Buffalo Public Schools Music Program, as well as providing an opportunity to attend for those who may not be able to afford such an event: and Whereas:Plans are underway to launch a program in conjunction with Drums Along the Waterfront, for collection, refurbishment and distribution of used musical instruments, providing an opportunity for a greater number of students to be involved in instrumental music: and Whereas:These events will have a positive economic and educational impact on the City of Buffalo, specifically downtown Buffalo, as a large percentage of the competitors Page 105 01-0403.txt and their supporters will be spending their time in the city; and Whereas:The promoter, Mr. Gaylord, Grace Events Inc., will pay the incremental costs associated with conducting the event; and Whereas:Both parties will enter the standard contractual agreement concerning the use of Dunn Tire Park; and Now Therefore Be It Resolved: This Honorable Body authorizes the waiver of the 5% ticket surcharge by Dunn Tire Park for Mr. Jack Gaylord and the Drum Corps. International, Inc. for the "Drums Along the Waterfront: event to be held on June 17, 2001. PASSED AYES -12 NOES - 0 NO. 193 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER GRAY FROM COUNCIL MEETING Whereas:Councilmember Beverly A. Gray is unable to attend the April 3, 2001 Council meeting due to a conflicting scheduled engagement; Now Therefore Be It Resolved That: The Common Council approves the excuse of Councilmember Beverly A. Gray from attendance at the April 3, 200 1, Common Council Meeting. Rosemarie LoTempio ADOPTED NO. 194 BY: MRS. MARTINO PERMISSION TO HANG BANNER Whereas: The Bread of Life Church, located at 1638 South Park Avenue, will be sponsoring a "Chicken Barbeque" on Sunday, May 20, 200 1; and Whereas: This is the 5 th annual Barbeque and is a major fundraiser for the Bread of Life REFERRED TO THE COMMITTEE ON CIVIL SERVICE Christian Academy. This will help offset the costs associated with running the elementary school; and Whereas: To announce this event, the Bread of Life Church is seeking permission to hang a banner across South Park Avenue in front of the church office from April 22, 2001 to May 21, 2001; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Bread of Life Church to hang a. banner announcing their "Chicken Barbeque" to be held on Sunday May 20, 2001; Be It Further Resolved: That said banner will hang across South Park Avenue in front of the church office, located at 1638 South Park Avenue from April 22, 2001 through May 21, 2001; Be It Finally Resolved: That said banner meet all the requirements set forth by the Department of Public Works and the Corporations Counsel, and that no existing laws are violated. PASSED AYES -13 NOES - 0 NO. 195 BY: MR. THOMPSON RENAME DELAVAN/MOSELLE CENTER TO Page 106 01-0403.txt DELAVAN-GRIDER CENTER Whereas: The Delavan/Grider Block Club Council and the residents of the Delavan/Grider neighborhood have worked closely with this Honorable Body and the Mayor of this great city to ensure that a new community center would be built at the former site of School #23, located at the comer of East Delavan Avenue and Wyoming Avenue; and Whereas: At a Town Meeting more than 200 residents of the neighborhood unanimously voted to request that the new building be named the "Delavan-Grider Center"; and Whereas: Names are crucial in terms of reflecting the identity of an individual group or a community. Naming can have a negative, positive, psychological or cultural impact on a community; and Whereas: The Delavan/Grider community is one of the most stable communities in the city and significant public and private investment has been made in recent years, Now, Therefore, Be It Resolved: That 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 the said name change become effective immediately; and Be it Finally Resolved: That copies of this resolution be forwarded to Luther Walker, Louise! Bonner, the Delavan/Grider Block Club Council, Grassroots, Inc., the 7th & 3 rd District Legislators for the Erie County Legislature, the 141'st Assemblyman f6r NYS, and the NYS Senator for the 57th District. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 196 BY: MR. THOMPSON WAIVER OF PERMIT FEES, AEISS-MAND SHELTER Whereas: The AIDS Educational Information and Support Services (A.E.I.S.S.) is a not-for-profit organization composed of various members the Western New York Community who volunteer their time and efforts to promote Acquired Immune Deficiency Syndrome (AIDS) education; and Whereas: A.E.I.S.S. addresses transmission concerns to inner-city residentswho may be at risk or HIV-positive, addresses the needs of HIV/AIDS consumers who have already been diagnosed, provides referrals to diagnosed individuals and furnishes a bias-free non judgmental support group for consumers with HIV/AIDS; and Whereas: A.E.I.S.S. will be holding their annual Health Awareness Day at Martin Luther King, Jr. Park on June 23, 2001 from 12:00 1-0 4:00 PM; and Whereas: A.E.I.S.S. has reserved the park shelter near the casino as the location of their event. Now Therefore Be It Resolved That: All fees for band shelter associated with this event are waived. PASSED AYES -12 NOES - 0 Page 107 01-0403.txt NO. 197 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 1042 - AUDIT The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 04 Department of Audit and Control, 1042 - Audit which currently reads: 1Principal Auditor $ 45,359 - $ 53,458 Is hereby amended to read: 2Principal Auditor $ 45,359 - $ 53,458 We, ANTHONY NANULA, COMPTROLLER and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing, ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 198 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 15 - DEPARTMENT OF ADMINISTRATION AND FINANCE 1056 - TREASURY The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 15 Department of Administration and Finance, 1056 - Treasury which currently reads: 1Account Clerk$ 25,005 - $ 27,859 Is hereby amended to read: 1Account Clerk Typist $ 25,005 - $ 27,859 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, EVA M. HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Page 108 01-0403.txt Corporation Counsel PASSED AYES -12 NOES - 0 NO. 199 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 55 - DEPARTMENT OF COMMUNITY SERVICES 1502 COMMUNITY RELATIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 55 -Department of Community Services, 1502 - Community Relations which currently reads: 1Field Representative $ 27,245 - $ 30,102 Is hereby amended to read: 1Community Relations Advocate $39,467 We, DONALD 0. ALLEN, COMMISSIONER OF COMMUNITY SERVICES and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position., containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 200 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE 1121 - ADMINISTRATION AND COMMUNICATIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 20 Department of Police, 1121 - Administration and Communications which currently reads: 1Crime Analyst $ 39,190 - $ 46,225 Is hereby amended to read: Crime Analyst $ 39,190 - $ 46,225 We, ROCCO J. DIINA, COMMISSIONER OF POLICE and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Page 109 01-0403.txt APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 201 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Phyllis Fletcher By CouncilmemberAll councilmembers ADOPTED. NO. 202 BY: MRS. WILLIAMS ENGROSSED COPY PETER P. MACHNICA ATTACHED ITEM AVAILABLE IN THE City Clerk's Office. ADOPTED NO. 203 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 DONNETTE RUFFIN GREGORY K. HILL LINDA DONOVAN DENISE 0. MORSE CHRISTINE AUGUSTYNIAK BARBARA PRISCILLA CARTER SARA M. CALL DONNA L. FIORELLA SHIRLEY VANREHIHEN ADOPTED NO. 204 BY: BARBARA A. W ILLIAMS APPOINTMENTS OF DEEDS COMMISSIONER That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002 conditional upon the parson so appointed certifying under oath to their qualifications and filing same .with the City Clerk: THU-CUC TINGLEY DEBRA L. SEBELIN FRANK MESIAH SHELBY MC KINNEY FRANK MARKS, SR. STEVEN LEVY PAUL D'ORLANDO V. THOMAS CHAPIN JULIE A. BANSMER NICHELLE E. BROWN ROBIN YOUNG Page 110 01-0403.txt YURI HRESHEFIYSHYN ADOPTED UNFINISHED BUSINESS NO. 205 LOCAL LAW INTRO # (2001)-USER FEE PAYMENTS (HRG. 4/3) (# 196 CCP-MARCH 20, 2000) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Mr. Fisher the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana CARRIED. Local Law Intro. #3 (2001)-User Fee Payments (Hrg. 4/3) (No. 196, C.C.P. March 20, 200 1) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fontana PASSED AYES- 12- NOES- 0 NO. 206 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 10, 2001 at 9:30 o'clock A.M. Committee on FinanceTuesday, April 10, 2001 following Civil Service Committee on LegislationTuesday, April 10, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 11, 2001 at 10:00 o'clock A.M. Committee on EducationWednesday, April 11, 2001 at 2:00 o'clock P.M. Special Committees Special Committee on Energy-Wednesday, April 4, 2001 at 9:30 o'clock A.M. in Room 1417 City Hall. Special Meeting-Legislation-Thursday, April 5, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall on Permit Fees. Minority Business Enterprise Committee-Monday, April 9, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Public Hearing-Comm. on Community Development-Wednesday, April 11, 2001 at 5:30 o'clock P.M. in the Council Chambers on Retail Development for Downtown. Special Meeting-Civil Service Committee-Thursday, April 12, 2001 at 10:30 o I clock A.M. in Room 1417 City Hall on Status/Update COB EEO/Affirmative Action Plan. Bi-National Bridge Committee-Thursday, April 12, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Page 111 01-0403.txt (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. ADOPTED NO. 207 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fontana, the Council adjourned at 4:33 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #2 MAYOR'S OFFICE-201 CITY HALL MARCH 22, 2001 Present:; Anthony M. Masiello, Mayor; Anthony Nanula, Comptroller-2 Absent: James W. Pitts, Council President-1 The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 2001 amounting to $16,465.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2001 amounting to $20,337.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. 7 ~ e Page 112