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Home My WebLink About01-0320 01-0320.txt No. 6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO March 20, 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 01-0320.txt Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson- Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 20, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray , LoTempio, Martino, Pitts, and Thompson - 12 ABSENT -- Williams 1 ON A MOTION BY MRS. LOTEMPIO, SECONDED BY MR. FONTANA, THE MINUTES OF THE STATED MEETING HELD ON MARCH 6, 2001 WERE APPROVED. FROM THE MAYOR NO. 1 CITY'S WORKFORCE UTILIZATION REPORTS Enclosed are items that Councilmember Fisher has requested. Please review and advise. REFERRED TO THE MINORITY BUSINESS ENTERPRISE Page 2 01-0320.txt COMMITTEE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROMTHE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) Dear Members of Buffalo's Common Council: Attached is the February 2001 activity report from the Division of Citizen Services, as well as, an eight month compilation report. February is the shortest month of the year and February 2001 was characterized as being cold, little snow and with high winds at the end of the month. Subsequently, plowing complaints were substantially down and forestry complaints were higher due to the wind "storms" near the end of the month. Also, user fee bill complaints also dropped dramatically as was to be expected in the second month of the billing cycle. On February's monthly report, I added a comparison line at the bottom of the chart that compares by actual number, calls by category in relation to January 2001. As previously mentioned, forestry calls were up due to the windstorm and rodent and housing violation calls also increased. I have no explanation for the increase in the latter two categories. The area of greatest concern is garbage and recycles complaints and my division is receiving excellent cooperation from Deputy Commissioner Paul V. Sullivan, in trying to reduce those complaints. Finally, in addition to the 1,991 complaints calls logged for February 2001, the Division also received 4,230 informational calls. ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 MEDAILLE COLLEGE 24 AGASSIZ CIR. ACCESSORY SIGNS ITEM NO. 92, C.C.P. 3/6/2001 The City Planning Board at its regular meeting held Tuesday, March 13, 2001, considered the matter captioned above pursuant to Section 387-19 and 511-12 of the Buffalo Code, Application for billboard, ground or pole sign permits and "R211 permitted uses respectively. The applicant seeks to erect a 4'x41x6' pole "ID" sign, nine 2.51x4l building "ID" signs and two 31x6l' college medallions at 24 Agassiz Cir.352 Kenmore Avenue. The signs, under the "R211 zoning ordinance, are prohibited and the applicant is seeking Zoning Board of Appeals relief. The College is constructing a wall along their property boundary and the two medallions will be a component of the wall at the entrance to the campus. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate no objection to the signage, provided that a landscaping component, be placed at each side of the wall entranceway and at the free standing directional sign. RECEIVED AND FILED NO. 4 BUFFALO CHURCH OF CHRIST 352 KENMORE AVE. ACCESSORY SIGNS ITEM NO. 90, C.C.P. 3/6/2001 The City Planning Board at its regular meeting held Tuesday, March 13, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole Page 3 01-0320.txt sign permits. The applicant seeks to erect an illuminated 33'1x6011x51 ground "ID" sign and two wall signs, one measuring 12"xl5l and one at 911x8l, to be located at 352 Kenmore Avenue. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory signs conditioned on a landscaping element to be planted at the base of the ground sign. RECEIVED AND FILED NO. 5 L. MOSEY & J. MARCY 3172 MAIN ST. SIT-IN & TAKE-OUT RESTAURANT EXPANSION ITEM NO. 91, C.C.P. 3/6/01 The City Planning Board at its regular meeting held Tuesday, March 13, 2001, considered the matter captioned above pursuant to Section 511-79.5 of the Buffalo Code, Transit Station restricted uses. The applicant seeks to expand an existing take-out restaurant into an adjoining former theatre lobby and add a sit-in component to the restaurant operations at 3172 Main Street. The Planning Board had some concerns with parking of delivery vehicles and the operator indicated that with the expansion into the adjacent building parking will become available at the rear of the property. The Planning Board voted to approve the proposed sit-in and take-out restaurant expansion. RECEIVED AND FILED NO. 6 R. CHAINANI 1116 ELMWOOD AVE. TAKE-OUT RESTAURANT ITEM NO. 93, C.C.P. 3/6/01 The City Planning Board at its regular meeting held Tuesday, March 13, 2001, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to convert a former store into a take-out restaurant at 1116 Elmwood Avenue A.K.A. 1120 Elmwood Avenue. The Planning Board voted to recommend approval of the proposed take-out restaurant. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 PERMISSION TO ACCEPT PROJECT SAFE HARBOR GRANT The City of Buffalo has been awarded a $60,000 Edward Byrne Memorial grant, through the New York State Division of Criminal Justice Services (DCJS) for a contract period of 8/01/2000-7/31/2001 for "Project Safe Harbor." In addition, this program has secured a $20,000 match from the General Mills Foundation. Originated by South Park High School and the Buffalo Board of Education and forwarded to the State DCJS for approval, this grant will enhance South Park's efforts to provide a safer, more secure environment by reducing the incidences of violence and substance abuse. The goal of this violence reduction program will be achieved by the introduction of a school-wide awareness program, staff training, and an after-school program, as well as the installation of surveillance equipment. While the Board of Education retains responsibility for the fiscal, program and reporting requirements, the federal guidelines of the grant requires the State's DCJS to contract with the general purpose taxing authority. Page 4 01-0320.txt Therefore, we are requesting authorization from your Honorable Body for the Mayor to enter into an agreement between the City of Buffalo and the New York State Division of Criminal Justice Services for acceptance of the grant and for the City Comptroller to authorize an interfund cash loan in the amount of $60,000 until we can secure such reimbursement from the DCJS. Should you have any questions, please do not hesitate to call June Simmons Barrow, Director of Grants Development, Buffalo Board of Education, 851-3966 or Bonnie Kane Lockwood, Mayor's Office of Strategic Planning, 851-5468. Thank you for your attention in this matter. Mrs. LoTempio moved: That the above communication from the Commissioner of Strategic Planning dated March 15, 2001, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement between the City of Buffalo and the New York State Division of Criminal Services for acceptance of the Project State Harbor grant for the contract period 8/l/00-7/3 1/01 and the Comptroller be, and he hereby is authorize an interfund cash loan in the amount of $60,000 until reimbursement from the DCJS. PASSED AYES -12 NOES - 0 FROM THE COMPTROLLER NO. 8 APPOINTMENTS TO CITIZENS SALARY REVIEW COMMISSION I hereby appoint the following individuals to the Citizens Salary Review Commission whose term shall expire December 31, 2001, December 31, 20002 and December 31, 2003 respectively: Frank Lopez(term expires December 31, 2001) 311 Starin Avenue Buffalo, NY 14216 Luis Rodriquez(term expires December 31, 2002) 804 West Avenue Buffalo, NY 14213 Rose Castro(term expires December 31, 2003) 568 Tacoma Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 9 BUFFALO URBAN RENEWAL AGENCY FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEAR ENDED JUNE 30, 2000 This is to advise that a copy of the Buffalo Urban Renewal Agency Financial Statements and Supplementary Information for the year ended June 30, 2000 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, Commissioner of Administration and Finance, and to certain staff of the Buffalo Urban Renewal Agency. Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or June 4, 2001. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 CERTIFICATE OF NECESSITY Page 5 01-0320.txt INCREASED APPROPRIATION FUND BALANCE LAW DEPARTMENT 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 $1,000,000 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - Law Department - $300,000 in Legal Services and $700,000 in Judgement & Claims prior Years, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: General Fund 10546006 - Law Department 432003 - Legal Services$300,000 480205 - Judgement & Claims Prior Years $700,000 Dated: Buffalo, NY, March 1, 2001 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL BUDGET BMHA/HUD SUBSTANCE ABUSE PROGRAM 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 $4,704 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - BMHA/HUD Substance Abuse Program - Capital Outlay, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397200 Reserve for Capital Budget, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 1000 General Fund 14406007 - BMHA/HUD Substance Abuse Program - Capital Outlay 474100 - Equipment - Four (4) Computers$4,704 Dated: Buffalo, NY, March 5, 2001 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION] RESERVE FOR CAPITAL BUDGET PARKING ENFORCEMENT 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 $17,280 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - Parking Enforcement - Capital Outlay, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397200 Reserve for Capital Budget, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 1000 General Fund 11413 007 - Parking Meter & Enforcement Capital Outlay 471000- Land$17,280 Page 6 01-0320.txt Dated: Buffalo, NY, March 2, 2001 RECEIVED AND FILED NO. 13 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL IMPROVEMENT CONTINGENCY DIVISION OF BUILDINGS 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 $285,000 be transferred and reappropriated from the Capital Improvement Contingency account, as set forth below: From: 17220007 - 470001 Capital Reserve Contingency $285,000 To: 17523008 - 489130 Transfer out to Capital Project $285,000 From: 17523008 - 489130 Transfer out to Capital Project $285,000 To: 30012406 - 445 100 Division of Buildings - $285,000 Reconstruction of City Owned Swimming & Diving Pools Dated: Buffalo, NY, March 8, 2001 RECEIVED AND FILED NO. 14 ORDINANCE AMENDMENT CHAPTER 96-19 BONDS AND CONTRACTS BUFFALO LIVING WAGE ORDINANCE ITEM NO. 174, C.C.P. 2/20/01 The above referenced item was referred to this office for response. The following information is provided. Number ofEarning less than: At Date Seasonal Employees: 473$7.23 12/3 1/00 (Actual) 507$8.15 12/31/01 (Projected) 508$9.08 12/31/01 (Projected) NOTE: This information is based on the Labor Bargaining Agreements in effect at March 1, 2001, and includes negotiated wages / increases through December 31, 2002. Based on our conversation with the Budget Office, they, by separate communication, will furnish an analysis of the projected cost for raising the current salaries to the amounts and for the number of employees shown above, and the related impact on the City's Budget. REFERRED TO THE COMMITTEE ON BUDGET NO. 15 REPORT OF AUDIT - ERIE BASIN MARINA LEASE AGREEMENT DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works, Parks and Streets, Erie Basin Marina Lease Agreement, Audit Report for the Period May 1, 2000 to October 15, 2000. AUDIT RECOMMENDATIONS We recommend that the Accounting Division send out dunning notices for all delinquent gas utility invoices to the Operator. We recommend that the Engineering Division obtain copies of all water accounts in arrears and forward them to the Operator. We recommend that if no payments are made for the above delinquent accounts within 120 days of notice, all unpaid items should Page 7 01-0320.txt be turned over to the Collection Division for applicable follow-up action. We recommend that if the Operator fails to satisfy the above delinquent accounts, the Department of Public Works, Parks and Streets file a report containing the pertinent details with respect to such default with the City Clerk in accordance with the City Charter (Section 404). REFERRED TO THE TASK FORCE ON ERIE BASIN MARINA AND THE COMMISSIONER OF PUBLIC WORKS NO. 16 REPORT OF AUDIT - ERIE BASIN MARINA REVENUES DEPARTMENT OF PUBLIC WORKS, PARKS ARID STREETS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Department of Public Works, Parks and Streets, Erie Basin Marina Revenues, Audit Report for the period January 1, 1997 to December 31, 2000. Our examination of the Department's revenues records revealed a high degree of accuracy in maintaining customer slip rentals and launch fees. Also, deposits of all rents and fees were made in a timely manner and intact with the City Treasury. RECOMMENDATIONS We recommend that to the extent possible, all City expenditures be coded so as to account for actual Marina expense appropriations incurred. Also, time reports should be maintained to accurately account for actual man hours allocated to Marina operations. This will enable the Department to accurately monitor the overall cost of operating the Marina on an annual basis. REFERRED TO THE TASK FORCE,\ ON ERIE BASIN MARINA AND THE COMMISSIONER OF PUBLIC WORKS NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective: March 9, 2001 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Permanent Appointment at the Intermediate Starting Salary of$37,204 Christine M. Petschke, 18 ProgressiveBuffaloNY14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective March 9, 2001 in the Department of Audit and Control Division of Accounting to the Position of Supervising Accountant Permanent appointment at the Intermediate Starting Salary of $43,393 Mark D. Bidell, 39 Janet, Buffalo NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 19 J. GRUCHALA-NATURAL GAS AGGREGATION PROGRAM LOW INCOME CONSUMERS Dear Mr. Pitts: Since we have traded telephone calls a few times, I thought that I would send you a note to follow through on your interest in natural gas aggregation programs for low-income consumers in the City of Buffalo. As you know, National Fuel has been a pioneer in the concept of natural gas aggregation, having assisted the Erie County Department of Social Services in establishing a first-of-its-kind program for Public Assistance recipients commencing in 1998. Page 8 01-0320.txt Since that time, various models for low-income energy aggregation have been developed and tested around the country. In Connecticut, for instance, lower cost electricity that is obtained through a purchasing pool for state agency facilities is made available to low - income households at the same price. (See attached description.) A similar concept could be applied to municipal purchases of natural gas for City of Buffalo facilities. Our experience has show that several months of lead time are required in order to establish innovative programs of this type. Therefore, planning must start soon for a program to be in place for the winter of 2001-2002. If you have any questions or would like to discuss the concept of aggregating natural gas requirements for low-income consumers, please feel free to contact me at 857-7492 anytime at your convenience. continued at no less than 1996 levels, and will be funded by non-bypassable charges on electricity distribution systems. California's utilities will continue to operate and administer these programs. * Colorado Colorado's LEAP program targets energy assistance based on home energy burdens. Colorado buys down a low-income consumer's heating burden to a designated percentage of income. Additional benefits are targeted to households with a higher energy burden relative to income, regardless of the reason -- whether lower income, the use of higher cost fuel, the maintenance of a larger family, or the ownership or rental of a less efficient home. In FY 1998, its LEAP program provided basic cash fuel assistance to 57,752 households. Average grants were $343. Roughly 250,000 households live at or below LEAP's threshold of 150 percent of federal poverty level. Assistance was provided to roughly 23 percent of households at or below this threshold. LEAP covered roughly 30 percent of the average home energy bill ($1,120) of LEAP recipients. Colorado also provides a property tax/rent/heat rebate on Colorado income taxes, and "utility allowances" to residents of public and publicly-assisted "Section 8" housing in the state. The heating assistance element in the PTC program is available for residents who are elderly or disabled. The credit for their heating bills actually paid is up to $160, based on a formula that reflects decreasing credits as income increases. The state's LEAP program is supplemented by 70 percent of the $3.6 million in funds raised by the Colorado Energy Assistance Foundation. The largest sources of contributions to the CEAF are from customer contributions and utility company contributions. This state had an arrearage forgiveness program (gas and electric companies), with eligibility tied to LIHEAP program. Arrearage forgiveness amounts were typically $10 per month per bill. Connecticut's restructuring law, HB 5005, PA 98-28, passed in April 1998, imposes a systems benefits charge (SBC) for "electric service bill payment programs, funding and technical support for energy assistance, fuel bank and weatherization programs and weatherization services." The restructuring law retains the mandatory low-income arrearage forgiveness program for gas utilities. This amounts to about $6.2 million yearly. Arrearage forgiveness programs for electric utilities are voluntary in the state; the amount collected from them is considerably less than from gas utilities. A system benefit charge of 0.3 cents per kWh is imposed, to provide funding for electric service bill payment programs, energy assistance and weatherization. The law directs the state Office of Policy and Management (OPM) to develop a purchasing pool to attain the lowest electricity prices for state agencies and pass the savings along to low-income households. Specifically, OPM must "provide the opportunity to participate in such purchasing pool to each household that includes an individual who Page 9 01-0320.txt receives means-tested assistance administered by the state or federal government. Any such households shall receive through such purchasing pool the same benefits and rate discounts available for state facilities." The OPM may use federal and state energy assistance funds to leverage the lowest practicable electric rates for households participating in the pool, provided the funds aren't used for administrative purposes. In 1989, the DSS began to attain heating oil discounts for low-income households through a pilot fixed margin pricing program. in 1990, the pilot became permanent and since then, Connecticut's LIHEAP has saved about $4 million through it. Under the program, a predetermined amount -- 25 cents -- is allowed to be added to the wholesale price of fuel oil for resale to LIHEAP recipients. The program pays participating vendors the margin price or their retail price, whichever is lower. Delaware REFERRED TO THE SPECIAL COMMITTEE ON ENERGY AND COMMISSIONER OF PUBLIC WORKS NO. 20 B MICHAUX-REQ AMHERST BUDGET Dear Mr. Cohen: This is a reminder that the 2001-2001 Bailey-Amherst budget must be submitted to the Common Council for approval in time for the issuance of the City of Buffalo Tax bills on July 1, 2001. Therefore, to meet this time requirement, the BaileyAmherst budget must be filed with the City Clerk no later than April 30, 2001. Please review the enclosed list of Bailey-Amherst District properties and verity that they are all benefiting from your services, and that they should be billed for the year 2001-2002 Special Assessment. Please advise me of any property additions or omissions. If you have any questions regarding this matter, please contact me at 851-5745. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 MUNICIPAL BOND BANK Dear Comptroller Nanula, The Buffalo School District (BSD) and the Buffalo Teacher Federation (BTF) have been cooperatively working to implement the Settlement Agreement. 'We have been informed that the BTF is preparing for a May payout. Accordingly, please schedule the bond sale for that time period. Further, the BSD should be apprised of the associated costs of sale involved and how those costs are proposed to be funded. Thank you for your assistance in this regard Cordially, Paul G. Buchariah' President REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE COMPTROLLER AND THE COMMISSIONER OF PUBLIC WORKS NO. 22 K. MCCARTY-DISABLED ARLINGTON, VA-PARKING ORDINANCE CHANGES I was in Buffalo in mid-January working with NFTA and learned that the City of Buffalo is considerin2 legislative changes to its existing handicapped/disabled parking ordinance. As the chair of the Arlington County Disability Advisory Commission when our legislative body modified our disabled parking ordinance, I thought that it might be helpful to provide some insight on how and why members of the disability community recommended modification to our parking ordinance which essentially removed the free parking privilege for disabled drivers and passengers at our local parking meters. Page 10 01-0320.txt Our primary rationale for the change was to update an ordinance that no longer reflected current Federal law or the technology advances that have occurred over the past decade. As I am sure you are aware, the Americans with Disabilities Act requires equal access and nondiscriminatory practices in the delivery of public services. There is not an entitlement aspect to the ADA, so if all citizens are required to pay for public services, such as public parking. Our disability community considered whether to support an exception to the parking ordinance based on income, but not one based solely on disability status. A further explanation for our position is rooted in the legislative history of free parking for disabled drivers in our community. Our local ordinance was passed in the early 1970s, prior to the promulgation of Section 504 of the Rehabilitation Act or the ADA, when there was a total lack of curb ramps and accessible parking meters, but today those things have changed. Another driving force from the perspective of disability advocates was that new revenues could be generated from this change to the parking ordinance. The County Treasurer had estimated that the county could expect an increase in parking revenues by as much as $500,000 in the first year! Arlington County has a population of only 189,000.People, although we do have significant centers of commerce and commercial real estate in our community, so our daytime population soars to nearly 400,000 people. Members of the disability community wanted to see a significant percentage of those new revenues dedicated to serving the needs of community residents with disabilities. We also wanted the county officials to designate more disabled parking spaces throughout the county. Through a partnership with the County Treasurer, the Disability Advisory Commission, and the parking enforcement officials (i.e., county police officers), our county leaders took a bold step forward and changed our parking ordinance to state that all citizens must pay for public parking at meters. As part of that change, the county conducted a public outreach campaign to inform citizens of the change, offered a transitional period for compliance, and began offering an electronic parking device at no additional cost to disabled drivers, which serves as a parking meter for the vehicle instead of having to insert coins at the meters. This parking ordinance change has been in place for about three years now and it has been a smooth, revenue generating, and successful transition for our community at large. I strongly encourage the City of Buffalo to consider adopting similar amendments to your local parking ordinance. If you have any questions, please feel free to contact me at 202-296-2328 in Washington, DC. My email address is ksmccggygadryantage.com. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 R. MORRISROE-LOWER WEST TRAFFIC CALMING INITIATIVE Attached correspondence available in the City Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION,COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION LCOUNSEL FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 24 Delinquent ECIDA Accounts Delinquent PILOT Agreements Attached is a listing of delinquent ECIDA accounts as of March 9,2001The company name, address of the property covered by the agreement, year of the unpaid billing and the unpaid amounts are listed separately. We are requesting the ECIDA and the City of Buffalo Department of Page 11 01-0320.txt Law to pursue collection of these delinquent agreements. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE ECIDA FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 25 Notification Serial 49261 Repeal Alternate Parking Type I Various Locations NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN Crestwood Ave. Hertel Ave. to Tacoma Ave. Commonwealth Ave. Hertel Ave. toEastNo Parking 4pm Sunday to 4pm Wednesday Tacoma Ave Lovering Ave. Hertel Ave. to Tacoma Ave. Homer Ave. Hertel Ave. to Tacoma Ave. Tennyson Ave. Hertel Ave. to Tacoma Ave. STREET SIDE PROHIBITED PERIOD West No Parking 4prn Wednesday to 4pm Sunday East No Parking 4pm Sunday to 4pm Wednesday West No Parking 4prn Wednesday to 4pm Sunday East No Parking 4pm Sunday to 4pm Wednesday West No Parking 4prn Wednesday to 4pm Sunday East No Parking 4pm Sunday to 4pm Wednesday West No Parking 4prn Wednesday to 4pm Sunday East No Parking 4pm Sunday to 4pm Wednesday West No Parking 4prn Wednesday to 4pm Sunday East No Parking 4pm Sunday to 4pm Wednesday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm). RECEIVED AND FILED Notification Serial #9262 Install Alternate Parking - Type 2K Various Locations NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. Page 12 01-0320.txt That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN Crestwood Ave. Hertel Ave. to Tacoma Ave. Commonwealth Ave. Hertel Ave. to Tacoma Ave. Lovering Ave. Hertel Ave. to Tacoma Ave. Homer Ave. Hertel Ave. to Tacoma Ave. Tennyson Ave. Hertel Ave. to Tacoma Ave. STREET SIDE PROHIBITED PERIOD West No Parking 6pm Monday to 6pm Thursday East No Parking 6pm Thursday to 6pm Monday West No Parking 6pm Monday to 6pm Thursday East No Parking 6pm Thursday to 6pm Monday West No Parking 6pm Monday to 6pm Thursday East No Parking 6pm Thursday to 6pm Monday West No Parking 6pm Monday to 6pm Thursday East No Parking 6pm Thursday to 6pm Monday West No Parking 6pm Monday to 6pm Thursday East No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm). Notification Serial #9263 Repeal Alternate Parking - Type 11 Oakhurst Avenue between Abbott Road and Magnolia Avenue NO PARKING (ALTERNATE - TYPE 11) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by, repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Oakhurst Avenue, south side between Abbott Road and Magnolia Avenue Oakhurst Avenue, north side between Abbott Road and Magnolia Avenue PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken at the request of homeowners on the street and has the support of the District Councilmember. Alternate Parking - Type I will be installed in place of Type 11 (see next serial). Notification Serial #9264 Install Alternate Parking - Type I Page 13 01-0320.txt Oakhurst Avenue between Abbott Road and Magnolia Avenue NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be SUPPIC111C1.1ted by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Oakhurst Avenue, south side from Abbott Road to Magnolia Avenue Oakhurst Avenue, north side from Abbott Road to Magnolia Avenue PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m. Wednesday This action is being taken in order to provide Alternate Parking - Type I on Oakhurst Avenue between Abbott Road and Magnolia Avenue (see previous serial). This was requested by Oakhurst Avenue homeowners, has the support of the District Councilmember, and will be consistent with the next block of Oakhurst Avenue (between Magnolia Avenue and Red Jacket Parkway) NO. 26 Art in MLK Park Item #195, C.C.P. 3/6/01 The referenced item was sent to this department for comment. The capital spending plan recently approved by the Common Council allocates for art in public place! and various monument restorations. We recently reported to the Common Council that major repair may be needed to the McKinley Monument. Also, major repair work needs to be done to the exterior artwork on City Hall. Until engineering evaluations and estimates are completed for this work, I do not recommend allocating any of the currently approved funding for any other projects. I do, however, support the need for new art at Martin Luther King, Jr. Park and, if funding is allocated in the next capital budget for MLK master plan, I will allocate one percent for art and/or monument restoration. RECEIVED AND FILED NO. 27 Assignment-Manual Street Sweeper/Cleaner (Laborer)" Res. #181 CCP February 20, 2001 The Department of Public Works - Division of Street Sanitation initiated the manual Street Sweeper/Cleaner program in the spring of 2000. This program had all been eliminated for the past 20 years, except for a skeleton crew that has continued to operate in some of the business districts. This renewed effort to clean the sidewalks and curbs within the business districts has been ongoing since last year in the following areas: 1. Bailey Avenue 2. South Park Avenue 3. Grant Street 4. Jefferson Avenue 5. Tonawanda Street Page 14 01-0320.txt 6. Ontario Street 7. Chippewa 8. Fillmore Avenue 9. Broadway Laborers are assigned with carts and brooms to each of these areas to sweep and clean debris that accumulates on sidewalks and at the curb. The Department agrees that we are working harder to make business districts cleaner by augmenting the cleaning that is done by the individual owners. In addition to the laborers, we utilize our street cleaning equipment in these areas. The third shift (11:00 p.m. to 7:00 a.m.) is responsible to clean these districts a minimum of three (3) times each week. We believe that these efforts will help to keep existing businesses, as well as attract new business into our City. Our Department does, however, have limitations concerning the amount of laborers that can be committed to these activities. The Department needs to review other staffing options, including the County/City program and Summer Youth Program. In addition, the Council may be able to assist in these activities with efforts such as that exhibited in recent years former Council Member Helfer. Mr. Helfer had hired a person to work in his own District to assist on special projects, including clean-ups, that were needed in his District. I am committed to working with the Business Districts and the Common Council to keep our streets clean by any means available to me. If you should have any questions regarding our Department's work activities, or if you would like to discuss any ideas for improving upon these services, please contact me at 851-5949. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 Report of Emergency Bids City Court Water Pump Replacement The Department of Public Works, Parks and Streets received bids for the Emergency Replacement of the Water Pump at City Court. There are two (2) existing pumps for City Court, one of which is inoperable and beyond repair, and the other has been repaired several times and is in imminent danger of failing. Without an operating water pump, the facility would have to be closed. For this work, the following bids were received: W. C. Roberson Plumbing & Heating $23,340.00 R P Mechanical $25,854.00 MKS Plumbing $28,168.00 Kandefer Plumbing $31,750.00 Numarco, Inc. $34,100.00 Colgate Industries $54,780.00 Because of the critical nature of this work, I have awarded the project to the lowest responsible bidder: W. C. Roberson Plumbing & Heating in the amount of Twenty Three Thousand Three Hundred Forty and 00/100 Dollars ($23,340.00). Funds are available in Capital Account 35320806. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 6, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Emergency Replacement of the Water Pump at City Court, to W. C. Roberson Plumbing & Heating, the lowest responsible bidder, in the amount of $23,340. Funds for the project are available in Capital Account 35320806. PASSED Page 15 01-0320.txt AYES - 12 - NOES - 0 NO. 29 REPORT OF BIDS DISTRIBUTION SYSTEM IMPROVEMENTS LEROY/FILLMORE Plans and specifications were prepared and sealed proposals accepted for Distribution System Improvements Leroy/Fillmore. I submit the attached report of bids received which were opened in my office at 11:0 a.m. on February 28, 2001. C. Destro Development $990,645.00 3150 Seneca Street West Seneca, New York 14224 Firstrhyme Construction $1,053,011.00 470 Buffalo Road East Aurora, New York 14052 Sicar Management $1,510,934.00 1128 Jamison Road Elma, New York 14221 Utility Services Contracting $3,914,680.00 6291 Broadway Lancaster, New York 14086 Adjusted bid - error in submission of unit prices. I certify that the foregoing is a true and correct statement of all bids received and that C. Destro Development, 3150 Seneca Street, West Seneca, New York is the lowest, responsible bidder complying with the specifications for Distribution System Improvement Leroy/Fillmore with the bid of $990,645.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with C. Destro Development the cost there to be charged to the Division of Water's org account 53150596 in the amount of $990,645. plus 10% for approved unit prices for a total encumbrance of $1,089,710.00. The Engineer's estimate for this work was $1,200,000.00. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 30 Report of Bids Replacement of Traffic Signals on Huron Street and Ellicott Street This is to advise Your Honorable Body that I have advertised and received bids on March 14, 2001 for the Replacement of Traffic Signals on Huron Street and Ellicott Street. I 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. The following bids were received: 1. Destro & Brothers Concrete Co., Inc. $ 1,190,173.25 2. Omer Construction Co., Inc. $ 1,265,551.00 3. C. Destro Development, Inc. $ 1,354,305.00* 4. Spoth Enterprises, Inc. $ 1,409,577.00 * - Total bid adjusted to reflect unit prices submitted by bidder. I hereby certify that the lowest responsible bidder for this project is Destro Bros. Concrete Co., 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 $1,190,173.25 plus a 10% unit price increase of $119,017.33, for a total encumbrance of $1,309,190.58. The engineer's estimate for 1-iis work is $11,169,656.25. The attached is certified to be a true and correct statement of the bid Page 16 01-0320.txt received. The bid submission is available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 5, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Replacement of traffic Signals on Huron and Ellicott Streets t o Destro & Brothers Concrete Co., Inc. the lowest responsible bidder, in an amount of $1,190,173.25 plus 10% unit price of $119,017.33 for a total encumbrance of $1,309,190.58. Funds for this project are available in Bond Fund #30032106 PASSED AYES - 12 - NOES - 0 NO. 31 Report of Bids Shoshone Park Baseball Backstop Replacement Diamonds 2, 4, 6 I hereby submit to Your Honorable Body the following bid report for the Shoshone Park Baseball Backstop replacement. Informal bids were mailed out on February 16, 2001 and opened on March 8, 2001. CONTRACTORBase Industrial Fence Incorporated$14,673 Armor Fence Co. of WNY$23,260 City FenceNo Bid Erie Fence Co. Inc.No Bid Alt.1 Alt.2 Total $2,600 $2,500 $19,773 $3,820 $4,425 $31,505 No Bid No Bid No Bid No Bid No Bid No Bid I hereby certify that the foregoing is a true and correct statement of all bids received. We request the base bid plus alternates 1 & 2 are considered and that Industrial Fence Incorporated, in the amount of Nineteen Thousand, Seven Hundred and Seventy Three Dollars and 00/100 ($19,773), is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for the base bid plus alternates I & 2 was $18,789.00 I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project is available in the City Wide Parks and Playground Bond Fund Account #35640206. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 13, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Shoshone Park Baseball Backstop Replacement Diamonds 2, 4, 6 to Industrial Fence Incorporated, the lowest responsible bidder, in the base bid plus alternates I & 2 in the amount of $19,773. Funds for this project are available in the City Wide Parks and Playground Bond Fund Account #35640206. Passed. AYES - 12 - NOES - 0 NO. 32 Report of Bids School 61 Play area Improvements I hereby request permission to take bids for the above project; and have asked for and received the following bids for the School 61 Play area Improvements on Marc 14, 2001: Page 17 01-0320.txt Company Base Bid Gleason's Nursery$56, 872 Titan Development$56,985 Ackerman Mechanical$59,423 Deduct Deduct Deduct Alt 1 Alt 2 Alt 3 2, 400 2, 300 26, 000 2,400 2,450 20,000 2,700 2,450 21, 300 Designer's Estimate - $59,000 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $56,872. Therefore, Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New York 14221, 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. Funds 34640206, 34310206, and 35640206. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 14, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the School 61 Play area Improvements to Gleason's Nursery, the lowest responsible bidder, in the low base bid of $56.872. Funds for this project are available in Bond Funds 34640206, 34310206, and 35640206. Passed. AYES - 12 - NOES - 0 NO. 33 Change in Contract Tosh Collins Community Center Senior and Teen Centers Electrical Work I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, Electrical Work, Goodwin Electric Corp., C #92010297. 1 .During the demolition for the new boys and girls locker rooms, existing conditions that differed from record drawings were found that necessitated construction changes for all trades. The overall change in cost for all trades is $9,199.30, specifically for Goodwin: Add$ 4,174.00 The foregoing change results in a net increase in the contract of Four Thousand One Hundred Seventy Four and 00/100 Dollars ($4,174.00). Summary: Current Contract Amount $ 193,278.00 Amount of This Change Order (#2) Add $ 4,174.00 Revised Contract Amount $ 197,452.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Goodwin Electric Corp., an increase in the amount of $4,174.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, Electrical Page 18 01-0320.txt Work, C #92010297. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. Passed AYES - 12 - NOES - 0 No. 34 Change in Contract Tosh Collins Community Center Senior and Teen Centers General Construction I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, General Construction, New Era Construction, C #92010293. 1.During the demolition for the new boys and girls locker rooms, existing conditions that differed from record drawings were found that necessitated construction changes for all trades. The overall change in cost for all trades is $9,199.30, specifically for New Era: Deduct $ 10,999.00 The foregoing change results in a net DECREASE in the contract of Ten Thousand Nine Hundred Ninety Nine and 00/100 Dollars (-$10,999.00). Summary: Current Contract Amount $1,321,788.00 Amount of This Change Order (#4) Deduct $10,999.00 Revised Contract Amount $1,310,789.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work to be credited to CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to New Era Construction, a decrease in the amount of $10,999.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, General Construction, C #92010293. Funds for this project are to be credited to CPF 3 5320706 445 100 - Division of Buildings. Passed AYES - 12 - NOES - 0 No. 35 Change in Contract Tosh Collins Community Center Senior and Teen Centers HVAC Work I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, HVAC Work, Mollenberg Betz, Inc., C #92010279. 1 .During the demolition for the new boys and girls locker rooms, existing conditions that differed from record drawings were found that necessitated construction changes for all trades. The overall change in cost for all trades is $9,199.30, specifically for Mollenberg-Betz: Add $ 13,175.35 The foregoing change results in a net increase in the contract of Thirteen Thousand One Hundred Seventy Five and 35/100 Dollars ($13,175.35). Summary: Current Contract Amount $ 202,700.00 Amount of This Change Order (#1) Add $ 13,175.35 Page 19 01-0320.txt Revised Contract Amount $ 215,875.35 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Mollenberg Betz, Inc., an increase in the amount of $13,175.3 5, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, RVAC Work, C #92010279. Funds for this project are available in CPF 3 53 20706 445 100 - Division of Buildings. Passed AYES - 12 - NOES - 0 No. 36 Change in Contract Tosh Collins Community Center Senior and Teen Centers Plumbing Work I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, Plumbing Work, C & L Plumbing, Inc., C #92010330. 1 .During the demolition for the new boys and girls locker rooms, existing conditions that differed from record drawings were found that necessitated construction changes for all trades. The overall change in cost for all trades is $9,199.30, specifically for C & L Plumbing: Add $ 2,462.71 The foregoing change results in a net increase in the contract of Two Thousand Four Hundred Sixty Two and 71/100 Dollars ($2,462.71). Summary: Current Contract Amount $ 81,000.00 Amount of This Change Order (#1) Add $ 2,462.71 Revised Contract Amount $ 83,462.71 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to C & L Plumbing, Inc., an increase in the amount of $2,462.7 1, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, Plumbing Work, C #92010330. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. Passed AYES - 12 - NOES - 0 No. 37 Change in Contract Tosh Collins Community Center Page 20 01-0320.txt Senior and Teen Centers Sprinkler Work I hereby submit to Your Honorable Body the following changes for the Toshi Collins Community Center, Senior and Teen Centers, Sprinkler Work, Davis-Ulmer Sprinkler Co., C #92010331. 1 .During the demolition for the new boys and girls locker rooms, existing conditions that differed from record drawings were found that necessitated construction changes for all trades. The overall change in cost for all trades is $9,199.30, specifically for Davis-Ulmer Sprinkler Co.: Add $ 386.24 The foregoing change results in a net increase in the contract of Three Hundred Eighty Six and 24/100 Dollars ($386.24). Summary:Current Contract Amount $29,773.00 Amount of This Change Order (#1) Add $ 386.24 Revised Contract Amount $ 30,159.24 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Davis-Ulmer Sprinkler Co., an increase in the amount of $386.24, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, Plumbing Work, C #920103 3 1. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. Passed AYES - 12 - NOES - 0 No. 38 Edward Saunders Unity Building Item #83, C.C.P. 03/06/01 The referenced item was sent to this department for comment. The revised capital program, recently approved by the Common Council, reduced the amount of funds available for the expansion of the Edward Saunders Unity Building from $800,000 to $400,000 Therefore, a revised request for proposals was issued to architectural firms notifying them of the funding change, and allowing them to make any changes in their proposals. Until the project is re-scoped and designed, we cannot accurately estimate the cost of the addition. We expect that design can be completed quickly and construction contracts awarded this summer. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 39 Electric Joint Purchasing Agreement I hereby submit to your Honorable Body a proposed cooperative agreement for the City, County and other municipalities to jointly purchase electricity through open public bidding. The contract anticipates that, by establishing a large aggregation, the involved municipalities will be able to purchase electricity at prices lower that they would be able to secure individually. REFERRED TO THE COMMITTEE ON LEGISIATION AND THE Page 21 01-0320.txt CORPORATION COUNSEL NO 40 Permission to Accept Funds from County of Erie for Buffalo Zoological Gardens Permission is hereby sought from Your Honorable Body to accept $2.0 Million from the County of Erie for the Rehabilitation of the Main Animal Building (Primate &Small Mammal). The funds provided area grant for the above noted project and the City does not have to reimburse the County. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and, Streets dated March 12, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept $2.0 million from the County of Erie for the Rehabilitation of the Main Animal Building (Primate and Small Mammal). Passed. AYES - 12 - NOES - 0 No. 41 Rescind Certificate of Appointment Please be advised that I am rescinding the February 20, 2001, appointment of Robyn Jackson, 76 Howell Street (07), PR# 2000-23, to the position of Account Clerk (Permanent) in the Division of Demolitions. RECEIVED AND FILED NO. 42 Traffic Plan Erie County Courthouse Item #158,C.C.P.2/6/01 Representatives of this department have met with representatives of the County of Erie and Buffalo Place to explore the proper traffic patterns once the new Erie County Courthouse is completed. Based on our review we suggest the following: 1.Niagara St. from Franklin St. to Pearl St. should be converted from two-way traffic to one-way traffic, eastbound (from Franklin to Pearl). 2.Eagle St., which is currently ordinanced as one-way westbound, should be converted to two-way traffic. If all parties agree, we will work with the County of Erie and Buffalo Place to determine the proper sidewalk and traffic lane widths. We will then file the appropriate Notification of Serials with the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 TRAFFIC SIGNAL KENSINGTON/POULTNEY ITEM# 82 CCP 3/6/01 As requested in various resolutions, this department is seeking approval to contract the services of a professional engineer to conduct a traffic study of the intersection of Kensington and Poultney and to make a recommendation on the need to reinstall a traffic signal. The cost of this study should not exceed $15,000 and funds will be made available in the University District Infrastructure Capital Project account authorized in the 2000-2001 Capital Budget. Mrs. LoTempio moved that the commissioner of Public Workd , Parks and Streets be and he hereby is authorized to engage the services of a professional engineer to condust a traffic study at the intersection of Page 22 01-0320.txt Kensington and Poultney at a cost not to exceed $15,000 Funds will be made available in the University District Infrastructure Capital Project Account in the 2000-2001 Capital Budget. PASSED AYES - 12 - NOES - 0 NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective: 3/5/01 In the Department of Public Works, Parks and Streets, Division of Engineering To the Position of Associate Engineer(Mechanical) Provisional appointment at the intermediate Starting Salary of $53,531 David Hornung, 181 LaSalle Ave,Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 45 CERTIFICATE OF APPOINTMENT Appointment Effective: 3/15/01 In the Department of Public Works, Parks and Streets, Division of Engineering To the Position of Drafting Technician Permanent appointment at the intermediate Starting Salary of $28,896 Charles N. Long, 109 Hawley St., Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 46 DIFF IN PAY RICHARD BOLICK ITEM NO. 72. C.C.P. 03/18/97 Richard Bolick, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department was injured from November 27, 2000 to January 22, 2001. He is owed a difference in pay between Worker's Compensation (Allied Claim Service) and the City of Buffalo for the amount of $965.76. (see attached table) Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated March 9, 2001 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Richard Bolick, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department in the amount of $965.76 for difference in pay allowance under the provisions of the Workers' Compensation Law from 11/27/00 to 1/22/01. PASSED AYES -12 NOES - 0 NO. 47 STATE EMERGENCY MANAGEMENT OFFICE (SEMO) GRANT "GRANT APPROVAL" The City of Buffalo Office of Disaster Preparedness will receive a $6,000.00 grant for the FFY 2001 Terrorism Consequence Management Preparedness Assistance (TCMPA) Program. These funds will be used to conduct a functional exercise aimed at improving the capability of city agencies to manage the immediate consequence of a terrorist incident within the City of Buffalo. I am requesting these funds be approved for expenditure by the Disaster Preparedness Office. If you have any questions I can be reached at 851-5333 ext. 352. Mrs. LoTempio moved: That the above communication from the Department of Fire dated March 15, 2001, be received and filed; and That the Office of Disaster Preparedness is authorized to accept a $6,000.00 grant for the FFY 2001 Terrorism Consequence Page 23 01-0320.txt Management Preparedness Assistance Program. PASSED AYES -12 NOES - 0 NO. 48 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: IN THE DEPARTMENT OF Fire To the Position of Battalion Chief, permanent promotion at the flat Starting salary of $64,801 Edward McGowan, 784 Tifft Street, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: IN THE DEPARTMENT OF Fire TO THE POSITION OF Battalion Chief permanent contingent Kenneth Bachara, 113 Woodcrest, W. Seneca, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: IN THE DEPARTMENT OF Fire to the Position of division Chief, Permanent Promotion at the Flat Starting Salary of $71,307 Jack Hess, 203 Capen Blvd., Amherst, 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: March 5, 2001 IN THE DEPARTMENT OF Fire to the Position of Fire Captain, Permanent Promotion at the Flat Starting Salary of $59,432 Thomas Rapp, 33 Southwood, Tonawanda, NY 14223 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: March 5, 2001 IN THE DEPARTMENT OF Fire to the Position of Fire Captain, Permanent Cont Promotion at the Flat Starting Salary of $59,432 Joseph Foley, 105 Treehaven, W. Seneca, 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 53 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: March 5, 2001 IN THE DEPARTMENT OF Fire to the Position of Fire Lieutenant Permanent Promotion at the Flat Starting Salary of $56,560 Ronald Rizzo, 167 Sundown, Williamsville, 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 54 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: March 5, 2001 IN THE DEPARTMENT OF Fire to the Position of Fire Lieutenant Permanent Cont Promotion at the Flat Starting Salary of $56,560 James Whalen, 6 Washington, Snyder, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 55 Page 24 01-0320.txt BUFFALO EQUAL OPPORTUNITY MINORITY, WOMEN, SMALL AND LOCAL BUSINESS ENTERPRISES EMERGENCY ACT--2001 C.C.P., 3/6/01, NO. 71 You asked for the views of the Law Department regarding the legal issues arising from the above-cited item. We have conferred with the Departments of Public Works, Parks and Streets-, Administration and Finance and Community Services on their respective departments' views on the proposed ordinance and incorporate those responses in this communication. While the Administration agrees with the intent of the legislation-increasing minority and women business participation in contracting with the City-this ordinance raises issues under the General Municipal Law provisions for public bidding; under the Equal Protection Clause of the United States Constitution for the goal percentages for Minority Business Enterprises ("MBE") and Women Business Enterprises ("WBE"); from the shifting of contracting and purchasing functions from the Mayor and executive departments to the Commission on Citizens Rights and Community Relations ("CCRCR"); from requiring prior appropriations before entering into public works contract. Much of this opinion was previously presented by this Department to the Common Council, CCP, 1/12/99, No. 26; CCP, 12/14/99, No. 44, and the law since those dates has not changed. State Public Bidding Laws New York public bidding laws applies to municipal public works contracts over $20,000 and municipal purchases of over $10,000, Gen. Mun. Law 103(l), thus including the thresholds set forth in the proposed ordinance for City public works ($100,000, 1) or purchasing contracts ($15,000, 2). A City ordinance granting a competitive bidding preference to one set of bidders as a precondition for awarding a contract conflicts with the state competitive bidding statute of Gen. Mun. Law 103 and is invalid. Associated Builders and Contractors, Inc. v. City of Rochester, 67 N.Y.2d 854, 855 (1986). Contracts awarded in violation of the competitive bidding requirements of Gen. Mun. Law 103 are null and void. Allatter of Resco equipment supply Corp. v. City Council of Watertown, 3 4 A. D. 2d I o8 8 (4", Dept 1970); see Warren Bros. (to., Div. of Ashland Oil & Refining Co. i~ Craner, 30 A.D.2d 437, 440 (4th Dept 1968). Municipal law, however, can govern purchases or public works under these thresholds. Rochester, for example, solicits quotes primarily from MBEs and VV'BEs for public works projects under $20,000 and for general office supplies and printing, bidding out public works projects beyond $20,000 pursuant to New York State law. NME or WBE participation goals set forth in 1, 2, 3 of the ordinance, would be exceptions from the public bidding laws seeking the lowest responsible bidder, Gen. Mun. Law 103(l); see Charter 30-5. Such an exception is recognized for state agencies, Exec. Law 310(l]), 313 (MBE and WBE opportunities in state contracts), but it is not clear that a similar exception exists for municipal corporations expending only their funds. Only two state statutes authorize municipalities to have "meaningful participation" of minorities and MBEs in their respective programs, Gen. Mun. Law 120-w(e)(3) (bids for solid waste management projects), 691 (urban development action area policy and purposes). Thus, in those two instances the City may insist upon NME participation consistent with state law. General Municipal Law 100-a states that procurement policy for municipalities is the "prudent and economical use of public monies for the benefit of all the inhabitants of the state and to facilitate the acquisition of facilities and commodities of maximum quality at the lowest possible price." This provision, and 103 of the General Municipal Law, has been interpreted to bar bid requirements for the use of local suppliers or to favor local bidders over other bidders within the state. Warren Bros. Co., supra, 30 A.D.2d at 439-40 (political boundaries are not a proper bid requirement to require bidder to have Page 25 01-0320.txt facilities within municipality); 10 Op. St. Compt. 404 (1954) (No, 7003) (purchase contract); 1983 N.Y. Op. Att'y Gen. 1104, 1108-09, No. 83-46 (Inf. ) (Gen. Mun. Law 103 requires lowest bidder, even if not local bidder; residency requirements violate that section). A municipality may not add as a bid requirement that the contract only be awarded to resident lowest responsible bidders since that requirement has not been established by the State Legislature. 10 Op. St. Compt. at 404 (No. 7003 )). Thus, the provision in the proposed ordinance that authorizes the CCRCR to restrict purchasing bids to Buffalo-based MBE, WBEs or small businesses ( 3(IV)), is illegal. Equal Protection Clause The classifications established for any MBE participation goals also would be reviewed under a strict scrutiny standard under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Gender-based classification for women participation programs such as for WBEs must meet an intermediate standard of review under the Equal Protection Clause and the classification must be substantially related to an important government objective. These classification-based goals may violate equal protection rights if not compellingly justified (for example, eradication of past governmental discrimination in contracting practices) and narrowly tailored to that justification. (City Richniond v. JA. Croson Co., 488 U. S. 469 (1989). As previously stated, the United States Supreme Court in Croson held that the minority set aside program of Richmond, Virginia, was subject to strict scrutiny under the Equal Protection Clause. The Court rejected generalized assertions of past discrimination in the construction industry in Virginia or nationally as justifications for the set aside program, and reliance on the disparity between the number of minority businesses and the city's minority population. "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 I(I. at 504. The Court later reinforced this decision by applying its rationale to federal set aside programs in Adarand Constructors, Inc. ,. Pena, 515 U.S. 200 (1995). Unlike Congress, the City lacks the remedial powers of Section 5 of the Fourteenth Amendment, Croson, supra, 488 U.S. at 490-91, to address past discrimination. In order to have a MBE/WBE participation program pass constitutional muster under the federal Constitution's Equal Protection Clause (and possibly under New York State's Equal Protection Clause, Art. 1, 11), the City needs (1) the legal authority under New York State law to impose the relief, (2) the factual predicate of past discrimination to warrant relief (and sufficient proof of that factual predicate), (3) a stated compelling governmental interest for the proposed relief, and (4) proof that the relief is narrowly tailored in its duration and scope. & Croson, 488 U.S. at 497 (plurality opinion). The proposed ordinance, standing alone, falls to meet or address these four elements. First, as discussed above, it is not clear whether the City has the authority under General Municipal Law article 5-A to enact a bid requirement that a prime contractor has to contract with MBE or WBE firms or a bid specification favoring resident businesses. The City, second, still needs to develop the factual records and findings that a compelling state interest exists for such goals (such as remedying past discrimination in Buffalo for minority or womens construction and supply contractors) and that these particular goals are narrowly tailored to meet that interest. The ordinance does not state the bases for the 25% MBE and 5% WBE goals (or the basis for not setting goals for other small business participation, see Sec. 2(l)(5) (goals for only BMBE and BWBE, none stated for BSB, BLB)). There is nothing in the ordinance or supporting materials that states the relationship between the goal percentages and the affected Page 26 01-0320.txt populations, such as why some groups are included in the MBE and others are not or why the WBE and MBE goals are at different levels. The ordinance needs proof of discrimination in the industries here (both generally and in public works projects) against each ethnic group and women as defined as 11minority group members" in the ordinance. As stated before, CCP, 1/12/99, No. 26, a disparity study or any other evidence establishing prior discrimination is needed to provide the factual record for the compelling state interest, Evidence of the factual predicate for an ethnicity-based or gender-based classification goals includes anecdotal evidence of past discrimination and statistical evidence of discrimination. All this is needed to show that "'a strong basis in evidence for [the City's] conclusion that remedial action was necessary,"' C.roson, supra, 48 8 U. S. at 5 10 (quoting Wyganf Jackson Bd of educ., 476 U. S. 267, 277 (1986)). Syracuse, New York, conducted a disparity study prior to enacting and reenacting its MBE/WBE goals ordinance. The third element required to support these goals is a stated compelling government interest. Croson and its progeny require this analysis for establishing both the compelling governmental interest and also whether the relief proposed is narrowly tailored. While there may be a compelling interest in regulating City spending practices that may exacerbate patterns of prior discrimination, see Croson supra, 488 U.S. at 504, no such goal is stated in tile proposed ordinance or any findings of fact or legislative intent in support of the ordinance. Proof of the prior discrimination and the effect of City spending practices on that discrimination will be necessary to justify the proposed ordinance. The fourth element required to support these goals is evidence that they are narrowly tailored to meet the compelling state interest (here, eliminating past discrimination). For this element, we need to consider (then eliminate as ineffective) race- and gender-neutral measures to eradicate discrimination in municipal bidding. Croon, supra, 488 U~S. at 509-10 (plurality opinion) (listing neutral measures for eradicating discrimination). The basis for the particular numerical goals proposed here needs to be stated-, the record needs to show how those particular goals arose. For narrow tailoring, the City must focus the program to the City to address discriminatory practices unique to the City, and have periodic review of the goals program. Section I O's of the proposed ordinance's annual hearings on assessing the impact of the ordinance provides that periodic review but the ordinance does not have a sunset provision, herice it could exist so long as it is not repealed despite what occurs at the annual hearings. Provision for waiver (here I (B)) is required for flexibility in the relief The waiver provision in I (B) vests discretion in the CCRCR where there is less MBE or WBE firms in the market than the goals. There is no provision for appeal of the CCRCR's decisions to any body. C Charter 30-7 (appeal of commissioner's bid decisions to Common Council). The departments suggest that an appropriate study be commenced to establish past (and present discrimination) the underutilization of minority groups and women-owned businesses in City contracts. Such a study would identify the appropriate percentage for the goals and which types of contracts the program should govern. Even with a disparity study, however, no court since the United States Supreme Court decision in Adarand has upheld a similar MBE or WBE goals program. Concrete works v. City and County of Denver, 86 F. Supp.2d 1042 (D. Colo. 2000) (City and County of Denver, court rejecting three disparity studies in support of MBE and WBE goals program); W.H. Scott Constr. Co. v. City of. jackson, Miss 199 F.3d 206 (5th Cir. 1999)- Engineering Contractor, Ass'n v. Metro Dade County, 122 F.3d 895, 927 (11 th Cir. 1997) (Miami and Dade County, Florida); Associated util. Contractors of Md., Inc. v Mayor, and City Council of Baltimore, No. CIV AMD Page 27 01-0320.txt 98-4060, 2000 WL 201606 (D. Md. Feb. 16, 2000); Webster Fulton Conno), Ga., 51 F. Stipp. 2d 13 5 4 (N. D. Ga. 1999) -1 Associated Gen. Contactors of Ohio v. Drahiks 0 F. Supp. 2d 741 (S,D. Ohio 1999) (State of Ohio); Philliy &.Jordan, Inc. v. Watt. 13 F. Supp.2d 1308 (N.D. Fla. 1998) (State of Florida); buff Harrivon and Burrows Bridge Construction Inc. v. Cuomo, 981 F.2d 50 (2d Cir. 1992) (New York State DOT policy based on U.S. DOT DBE program, but case predates Adarand),- Marlin Assoc,, Inc. v. New York City Health & Hosp. Coq 160 Misc. 2d 58 (Sup. Ct. N.Y. County 1993) (New York State CroVon study for Exec. Law Art. 15-A, finding participation in M/WBE program under this contract was voluntary). Syracuse's ordinance, as well as Erie County's local laws establishing MBE and WBE participation goals for county contracting and purchasing, has yet to be challenged. City 4th Glass andMirror Co. v. Erie County, 155 A.D.2d 988 (4th Dep't 1989) (predating Cro.von, court held county could reject lowest bidder for failing to comply with minority set aside provision of contract). Here, the proposed ordinance adopts of goals without the factual record or findings to justify the remedial action specific to City construction and purchasing contracts. The proposed ordinance does not specify how these particular goals are narrowly tailored to remedy the effects of discrimination. Role of Commission on Civil Rights and Community Relations The Charter established the CCRCR with the authority to "examine, assess and recommend action on issues of equal opportunity and respect for cultural diversity within city government and its services and programs." Charter 18-22(c). The Commission does not have the power or authority under the Charter to engage in contracting for goods and services on behalf of the City. Under the proposed ordinance the CCRCR would be vested with broad contracting powers. It would review public works bidders ( I (B))., issue waivers ( I (C)), share with the Common Council the authority to allow prime contractors to change submissions on their subcontractors ( I(Q), receive copies of all subcontracts and purchasing agreements and lists of MBE and WBE firms on projects ( I (D), fl), provide remedies for breach of contract for contractors failing to comply with the ordinance ( I (F)), prepare bids for purchases and advertising for those bids ( 3(l), (11)), approve assignment of purchasing contracts to non-local firms ( 3(111)), limit bidding to NIBE, WBE, and locally based small businesses ( 31'IV)), establish a committee (including the Commission's executive director) to review professional service contractor selection ( 5), maintain a file of professional service providers and advertise for requests for qualification or information ( 7(l), (2)), specify the form of the request for information to be submitted to the Commission ( 7(2)(b)), set the timeframe for negotiations with the professional services provider ( 7(3)). All these functions exceed the currently stated powers of the CCRCR or its executive director as currently mandated by the Charter. The CCRCR is an eleven-person volunteer citizen commission with a stated staff of an executive director, field representative, and a secretary. Charter 18-2 1. Many of the contracting and purchasing functions outlined in this proposed ordinance for the Commission are vested in the Commissioner of Public Works, Parks and Streets, the Commissioner of Administration and Finance (through the Division of Purchase), and the Mayor's Office of Strategic Planning. Under the Charter, the Director of Purchase under the Commissioner of Administration and Finance directly contracts for and purchases all materials, supplies and equipment for the City and is empowered to establish all terms and conditions of purchase. Charter 10-27(c).the Director, in turn, is to be guided by the Procurement Policy Board, which establishes standards and procedures for soliciting bids, determining whether vendors are responsible, and for the manner contracts are Page 28 01-0320.txt administered. Charter 10-30. While obligated to award to the lowest responsible bidder (balancing cost, quality and dependability to, protect the taxpayer), the Division of Purchase tries to buy local and solicits bids from MBEs and WBEs. Functions of contract monitoring are vested with Mayor's Office of Contract Compliance under the Commissioner of Community Services and with the Departments of Public Works and Administration and Finance for individual contracts within their respective contracting areas. The ordinance does not call for the shift of Contract Compliance personnel (for example) to assist the CCRCR in these new functions or for expansion of the CCRCR staff to handle this increased responsibility. Such a shift of powers from the executive branch to an autonomous city board or its staff is a diminution of the Mayor's power, requiring a mandatory referendum under the Municipal Home Rule Law 23(l)(f). At a minimum, the Charter would have to be amended substantially to reflect the shift of these functions and the additional powers and responsibilities to the CCRCR. Appropriation to Be Made Prior to Contacting Section 4 of the proposed ordinance bars awarding any public works contract until the Common Council has levied a tax or assessment or appropriated funds for defraying these costs. The Charter, however, already addresses this situation by allowing public works to go forward only if provision for the work has been made in the annual budget. Charter 30-2. Professional Services Contracts The contracting authority is better equipped to adjust each professional services contract to gain a diversity of service providers rather than have that process run by the CCRCR, The individual department or agency is best equipped to determine the professional with requisite expertise for the given task (as recognized by the proposed ordinance in defining "professional services" by exempting the Corporation Counsel in selecting outside counsel, 5). The process of having the CCRCR, the Law Department and the department determine whether professional services are required will slow down the process of retaining professionals and potentially delay projects. REFERRED TO THE SPECIAL COMMITTEE ON MINORITYBUSINESS ENTERPRISE NO. 56 BRODERICK PARK MAINTENANCE AGREEMENT WITH THE COUNTY ITEM NO. 102, C.C.P., 1/12/99 In Item No. 102 of the Council Proceedings of January 12, 1999, the Common Council authorized the Law Department to prepare the necessary documents for the transfer of operation and maintenance of the Foot of Ontario Street, Towpath Park and Broderick Park to the County of Erie. After some negotiations, a municipal cooperative agreement has been reached for the maintenance of Broderick Park. A copy is attached hereto. The Agreement provides that the County will be responsible for routine maintenance services within the park, including grass cutting, garbage removal and pavement repair. Title to the property will remain with the City of Buffalo. At this time, the Law Department is requesting the Common Council to authorize the Mayor to execute the Municipal Cooperative Agreement for the maintenance of Broderick Park. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNCIL NO. 57 OPTION TO LEASE AGREEMENT-FATHER BELLE COMMUNITY CENTER TO BMHA Page 29 01-0320.txt The Law Department has received a request from the Buffalo Municipal Housing Authority for the City to enter into an option toward a long-term lease of the Father Belle Community Center, 104 Maryland. This option, and a subsequent option the Buffalo Municipal Housing Authority intends to enter with Lakeview Family Homes 2000 LLC (a subsidiary of the HOPE VI developer, Roizman Development, Inc.), is part of the Lakeview HOPE VI redevelopment project. One aspect of the Lakeview HOPE VI redevelopment is the renovation of the Father Belle Community Center as one of the social services component of the HOPE VI project. As indicated in the Lakeview Revitalization Plan, both as approved by the Common Council in 1998 (CCP, 7/21/98, No. 218) and as revised by the Buffalo Municipal Housing Authority ("BMHA") (see CCP, 5/30/00, No. 77; CCP, 10/3 1/00, No. 156), the Father Belle Community Center is to be rehabilitated and expanded to serve families in the revitalized neighborhood. In order to obtain the tax credits necessary to fund this work, the developer of the Lakeview HOPE VI redevelopment, Roizman Development, Inc., needs to have site control of the Father Belle Community Center. These proposed options would provide them with sufficient site control for their application while the proposed leases are being negotiated. The deadline for their application for these tax credits is later this month. Attached is a copy of the options. The options expire on December 31, 2002, to allow parties to finalize the lease terms and ensure that the other conditions for the HOPE VI are met. We have conferred with the Department of Public Works, Parks and Streets and the Mayor's Office of Strategic Planning on the options and will work with these departments in negotiating the lease terms. It is our intention to carry over the existing leases in the Father Belle Community Center (with Buffalo and Erie County Workforce Development Consortium and the proposed lease with Erie Regional Housing Development Corporation, CCP, 3 /6/0 1, No. 7) as subleases under any lease agreement with the Buffalo Municipal Housing Authority or Lakeview Family Homes 2000 LLC. Approving this option, as well as the eventual lease, will further meet the City's obligations under the Comer settlement and the objectives of the revitalization plan for Lakeview HOPE VI. This year's capital budget commits $1 million for the renovation of the Father Belle Community Center. The Father Belle Community Center, however, is distinct from the issues involving demolitions and reconstruction of the residential units within and surrounding Lakeview. Under the City Charter, the Common Council will need to authorize the Mayor to enter into the option agreement between the City and Buffalo Municipal Housing Authority. We recommend that the Common Council approve the attached option agreement between the City and the Buffalo Municipal Housing Authority. We ask that you also authorize this Department to prepare the necessary papers and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated March 15, 2001, be received and filed; and That the Mayor be, and he hereby is authorized to execute the option agreement between the City of Buffalo and the Buffalo Municipal Housing Authority for the Father Belle Community Center, 104 Maryland. PASSED AYES -12 NOES - 0 NO. 58 SHEA'S BUFFALO THEATER-FINANCING PARTICIPANTS AGREEMENT AMENDMENT FOR CONSTRUCTION OF SHEA'S STAGE PROJECT CCP, 1/20/1998, NO. 58, 2/3/1998 Page 30 01-0320.txt NO. 201 Please find enclosed for your review and approval and authorization for execution by the Mayor and the Comptroller the draft of the First Amendment to Financing Participants Agreement. The City entered into the original Financing Participants Agreement in 1998 to finance the stage expansion project for Shea's O'Connell Center for Performing Arts. The Mayor and the Comptroller executed the original Agreement on behalf of the City. This First Amendment increases Shea's operating line of credit from the private lenders in the Financing Participants Agreement to up to $1 million. In order to finish this project, this First Amendment must be executed as soon as possible. This amendment does not change the City's obligations under the Financing Participants Agreement. We ask that you authorize this Department to negotiate and finalize the First Amendment to Financing Participants Agreement and that the Mayor and Comptroller be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated March 15, 2001, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to negotiate and finalize the First Amendment to Financing Participants Agreement between Shea's O'Connell Preservation Guild, Ltd. and the City of Buffalo, and that the Mayor and the Comptroller be authorized to execute the same. PASSED AYES -12 NOES - 0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 59 DOWNTOWN SPECIAL DISTRICT PROPOSED VENDING SITE MAP 2001-2002 Pursuant to Article VIII, Chapter 316, Sections 41-50 of the City of Buffalo Ordinances, please be advised that I am submitting the attached map of proposed vending sites for the Downtown Special District year 2001-2002 for Buffalo Place Inc. Also, see attached cover letter for a proposed revision to the vending fee schedule. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 SECONDHAND DEALER 314 HAMPSHIRE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Secondhand License located at 314 Hampshire and find that as to form it is correct. I ha caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department arid Building Inspector find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Roland Andrew. The attached thereto for Roland Andrew d/b/a Ca Collatoral. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspection Services dated March 6, 2001 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Roland Andrew, d/b/a Cash In Collatoral at 314 Hampshire Street. PASSED AYES -12 NOES - 0 Page 31 01-0320.txt NO. 61 SECONDHAND DEALER 1130 LOVEJOY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Secondhand License located at 1130 Lovejoy and find that as to form it is correct. I have cause an investigation into the premises for which said application for a secondhand dealer license is being sought a according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I rind complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Helen Schaffer. The attached thereto for Helen Schaffer d/b/a Helen's House Bargains. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 SECOND HAND DEALER 1339 MAIN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach( application for a Second Hand Dealer License located at 1339 Main and find that as to form it is correct. I ha caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Patti Bolser. The attached thereto for Patti Bolser d/b/a Rent-A-Cent Inc., #01892. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 SECOND HAND DEALER 2280 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Second Hand Dealer License located at 2280 Seneca and find that as to form it is correct. I ha caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Judith Jaeckle. The attached thereto for Judith Jaeckle d/b/a Southtowns Ladd Thrift Shop. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 USED CAR DEALER 1291 BROADWAY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1291 Broadway and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation Page 32 01-0320.txt by the Police Department into the moral character of Dominic Corigliano. The attached thereto for Dominic Corigliano d/b/a Corey Auto Sales Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 USED CAR DEALER 525 EAST DELAVAN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 525 East Delavan and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws, I have caused and investigation by the Police Department into the moral character of Mark Jackson. The attached thereto for Mark Jackson d1b/a Jackson's Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 M. KUZMA-S. INTERDONATO, CONCERNS DEMO 153 PEACH ITEM NO. 55, C.C.P. 3/6/2001: I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following infon-nation. Upon further examination of our files, we do not have any record of the owner of the aforementioned property executing a "consent for demolition" with the authorized Departments of the City of Buffalo. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 67 CERTIFICATE OF APPOINTMENT Appointment Effective March 1, 2001 in the Department of Permit & Inspections, Division of Inspections to the Position of Permit and Inspection Services, Building Inspector, Permanent Appointment At the Maximum Starting Salary of $43,809 Michael Castro, 305 Plymouth Ave, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 68 PAY AND PARK SYSTEM This letter is being sent in support of the adoption by this Honorable Body for implementing some type of "Pay and Park" System. As electronic commerce explodes worldwide, there are increasing opportunities for a broad range of sophisticated electronic payment solutions. As you are probably aware this Department has been reviewing the implementation of e.Park Systems. e.Park is a system that utilizes the Pay and Park system. A consumer is sold a specified amount of time that the consumer could use at a parking meter or parking zone established for the "Pay and Park" system. The time is recorded on a small device that hangs from the vehicle's rear view mirror and displays the amount of time that the consumer has left on the device. The Parking Enforcement Officer merely has to view through the front windshield of the vehicle to determine whether the consumer is parking legally. The advantages for the public are impressive especially the disabled. Page 33 01-0320.txt The truly disabled would not have to deal with problems going to the meter such as transversing heavy amounts of snow or walking extra steps through pouring rain. Reduces the abuses of people illegally taking spots with fraudulent permits. These types of systems have proven to open more disabled spaces for citizens participation and encourage people to come downtown. The advantages for the City are even more impressive. These types of parking systems encourage people to come downtown because they simplify the use of the parking zones. No longer will the consumer need coins. The abuse we have strived to curtail will be delt a severe setback. Parking fees are collected in advance and can be renewed by telephone with a credit card. Parking zones can be expanded without capital outlay. The City will have the ability to change parking time rates and zone upon request. Use by other large cities of Pay and Park Systems has had a great impact on total collections while maintenance costs have decreased. The bonus of course is the additional people that this type of system will encourage to come to the "downtown" area especially repeat users. In closing, this Department recommends and supports integrating a sophisticated electronic payment solution to be incorporated with the present City of Buffalo parking system. I will of course be available to answer any questions which you may have regarding the Pay and Park Systems. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 B. WILLIAMS-P. HOLMES- ALT. PARKING ORDINANCES ALLENTOWN AREA CCP #88, MARCH 6, 2001 I would defer on this item to Commissioner Giambra, as the nature of Mr. Holmes complaint traffic signs is contained in his department. The division of Parking Enforcement merely enforces those regulations that your Honorable Body adopts and the signs reflect. RECEIVED AND FILED NO. 70 C FISHER TAX LEVYING MARGIN DEPT APPROPRIATIONS PROPERTY TAX LEVIES Please file the attached item submitted to the Committee on Budget by James B. Milroy, Director of Budget and Management. The item reflects the Tax Levying Margin, Departmental Appropriations (Budget), and the City of Buffalo Property Tax Levies. REFERRED TO THE COMMITTEE ON BUDGET NO. 71 CERTIFICATE OF APPOINTMENT Appointment Effective: March 12, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Assistant Operations Supervisor, Provisional Appointment at the Maximum Starting Salary of $34,975 Carrie Genovese, 42 Harwell Road, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE / FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 72 THE CODE OF CONDUCT PROGRAM The Department of Community Services applied for and received a fully executed contract for a grant of $27,900.00 from the New York State Department of Criminal Justice Services (DDCJS)) to fund the Code of Conduct Program. The Mayor has approved the program and has signed the contract supporting our efforts. The program focuses Page 34 01-0320.txt on juvenile delinquency prevention strategies. The Department of Community requests the following two actions from the Council: 1 . Please grant the Department of Community Services permission to accept the contract and, 2. Please approve our request for an inter-fund loan for $27,900.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. We expect the city to be 100% reimbursement for any expenses incurred operating the program during the contract year. Program Description: The Code of Conduct Program, is a youth violence prevention program that targets seven to 15 year -olds who have been identified by tile probation office as potential repeat offenders. The goals of the program include education, assisting the youth in recognizing accountability for their own actions, and help stop their further penetration into the criminal justice system. The program will target 120 youthful offenders and their families per year. Buffalo Police and Erie County officers and the City of Buffalo Program Director of Youth Counseling Services conduct the program seminars. Long Term Cost to the City: The program will operate from April 1, 2001 to March 31, 2002. It will be fully refunded by the Department of Criminal Justice Services for the full cost of $27,900.00. A match component that is required in the first year of this project equaling up to 50% of the State grant ($10,300.00) by the city. The match will be met by allocating a percentage of salaries of City of Buffalo Community Services Police Officers and the Program Director of Youth Counseling Services that are already being paid by the City of Buffalo. We anticipate no additional cost to the City of Buffalo. Mrs. LoTempio Moved: That the Commissioner of Community Services is be and hereby is authorized to accept a grant in the amount of $27,900.00 from the New York State Department of Criminal Justice Services for the Code of Conduct Program and That the Comptroller be and he hereby is authorized to provide and interfund loan for $27,900.00 to operate the program. The city will be 100% reimbursed by the State Department of Criminal Justice Services. PASSED AYES -12 NOES - 0 NO. 73 APPOINTMENT OF DEPUTY COMMISSIONER OF COMMUNITY SERVICE SUBSTANCE ABUSE Pursuant to the powers vested in me under Article 16 of the Charter of the City of Buffalo, please be advised that I have appointed Ruth Luchey-Toliver, 808 Potomac Avenue, Buffalo, New York 14209 to the position of Deputy Commissioner of Community Service s/Sub stance Abuse. Ms. Luchey-Toliver has served as the Deputy Commissioner of the Department of Strategic Planning (Community Development) since 1994. She was responsible for personnel management of 170 employees represented by 5 unions in the Community Development Department, and concurrently responsible for personnel management of 100 BURA employees, She investigated and responded to EEO complaints and allegations of sexual harassment, racial discrimination and contract violations. From 1994-1998, she managed the Community Development Block Grant. She was responsible for administering a budget of $22 million and allocation of funds, and was involved in all aspects of the grant process. She held required public hearings, obtained and translated grant requests to HUD specifications to qualify projects for acceptance. She allocated funds and maintained a balanced budget. In addition, she prepared and submitted summary reports of accomplishments at public hearings Page 35 01-0320.txt and to HUD. Other professional experience includes: President/Owner of Apex Utility Auditing Services, Manager of Training, Travels Health Network, Account Executive for Blue Cross of Washington and Financial Consultant for Pacific Mutual Insurance Company. In addition to her professional experience, Ms. Luchey-Toliver is an active volunteer in the community. Since 1997, she has served on the Board of the Directors and is a member of the Executive Committee of the United Way of Buffalo and Erie County. She is a Church Board Member of Fountain of Life Church and also serves as a youth leader. Ms. Luchey-Toliver holds a Bachelor of Arts Degree in Psychology from Adelphi University, Garden City New York and has taken Graduate Studies courses at the State University College of Buffalo, Buffalo, New York. She is certified as a Professional in Human Resources Management - Society of Human Resource Management. Based on the above, I hereby certify that Ms, Luchey-Toliver is fully qualified to serve as the Deputy Commissioner of Community Services/Sub stance Abuse. RECEIVED AND FILED NO. 74 CERTIFICATE OF APPOINTMENT Appointment Effective: March 9, 2001 in the Department of Community Services Division of Substance Abuse Services to the Position of Clerk Provisional Appointment at the Intermediate Starting Salary of: $24,585.26 Mayda Molina-Wright, 110 St. James Place, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICEON CIVIL SERVICE NO. 75 CERTIFICATE OF APPOINTMENT Appointment Effective March 9, 2001 in the Department of Community Services, Substance Abuse Services to the position of Clerk Provisional Appointment at the Maximum Starting Salary of: $ 26, 505. Ramona L. Lee, 47 orange Street, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 76 THE BUFFALO EQUAL OPPORTUNITY MINORITY, WOMEN, SMALL AND LOCAL BUSINESS ENTERPRISES EMERGENCY ACT 2001 ITEM #79 In response to the request for the Commission on Citizen's Rights and Community Relations to respond to the document entitled "The Buffalo Equal Opportunity Minority, Women, Small and Local Business Enterprises Emergency Act 2001 the Commission on Citizen's Rights will review this document. Pending, review the Commission will respond to the request. REFERRED TO THE SPECIAL COMMITTEE ON MINORITY BUSINESS ENTERPRISE NO. 77 NOMINATION FOR POSITION SECRETARY TO EXECUTIVE DIRECTOR COMMISSION ON CITIZENS RIGHTS & COMMUNITY RELATIONS I am sending you this letter to nominate the following individual: Page 36 01-0320.txt Ms. Janice Popielski 498 Marilla Street Buffalo, New York 14220, to the position of Secretary to the Executive Director for the Commission on Citizens' Rights and Community Relations. I am pleased to have her join as a member of the Commission's staff and am confident that she will perform her duties in an exemplary fashion. Attached is Ms. Popielski's resume for your convenience. RECEIVED AND FILED FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 78 ANNUAL AUDIT FY ENDING MAY 31, 2000 Pursuant to the Charter and ordinances of the City of Buffalo, Article IV City Development Agencies - Section 6 - 23, we are hereby submitting a copy of Buffalo Economic Renaissance Corporation Audit for the fiscal year ending May 31, 2000. Please be advised that the BERC Board of Directors approved the Audit at its February 28, 2001 meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 79 EMPIRE BREWING LOAN ITEM NO. #66, C.C.P3/6/01 ITEM NO. 168, C.C.P. 2/20/01 In response to the Council's request for information on the earlier Breckenridge Brewery closing and a combined statement of losses, I offer the following information: Breckenridge Brewery owes rental payments in the amount of $153,000, principal on an EDA Title IX Loan (Loan # 1) of 195,3 74, and principal on a CDBG Loan (Loan #2) in the amount of 142,519. As previously submitted to the Common Council, Empire Brewing owes rent payments of $5,500 and principal on a loan of $ 100,000. The BERC is continuing to pursue collection of the liabilities owed it by Breckenridge Brewery. A portion of the principal on Loan #1 was recovered through seizure of the brewing equipment (valued at approximately $180,000) and subsequent 44 resale" to Empire Brewing for a promissory note of $150,000. The BERC remains in possession of the brewing equipment and expects to recover a fair market value for it (if it is not reused by a future tenant). The majority of the remaining value of the notes were used for leasehold improvements to the premises. The Buffalo Urban Renewal Agency, as owner of the premises, retains the fair market value of the premises and the leasehold improvements therein. The BERC has, to-date, recovered approximately $260,000 of the original $600,000 in loan facilities extended to Breckenridge Brewery, consistent to the industry standard for percentage of recovery and reliance for these types of loans. The BERC is also continuing to pursue collection of all of the liabilities owed it by Empire Brewing. It is premature to determine the likelihood of recovery. However, as noted above, the BURA and BERC remain in possession of the premise and all furniture, fixtures and equipment contained therein. It is also important to note that the primary objectives of both of these loans was completion of the Theater District Urban Renewal Plan, completion of the BURA-owned Market Arcade Complex, and stimulation of economic development activity in Downtown Buffalo. The financing provided by the BERC for these projects has significantly fulfilled the City's objectives for this area, regardless of the eventual disposition of the private businesses involved. REFERRED TO THE COMMITTEE ON COMMUNITY Page 37 01-0320.txt DEVELOPMENT FROM THE CITY CLERK NO. 80 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: ADMINISTRATION & FINANCE RECEIVED AND FILED NO. 81 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Alfred T. Coppola, Director of Senior Citizens-Dept. of Community Services Richard Keohane, Counselor II-Dept. of Community Services RECEIVED AND FILED No. 82 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 172 FRANKLIN ST MEGAN-FRANKLIN INC MEGAN FRANKLIN 86 LEDGER ST BLADE INC PATRICK KELLENER 18 ABBOTT RD ROBERTA DANIEU ROBERTA DANIEU RECEIVED AND FILED No. 83 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Steven Woroniak Police- Raymond Vidal, William Crawford, Ruth Alvarado Fire- Patrick Curtin Administration and Finance- John Geisel Jr RECEIVED AND FILED No. 84 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED No. 85 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 Certificate of Appointment Effective: March 16,2001 in the Department of Executive Division of Mayor to the Position of Intern V Seasonal Non-Competitive at the: Flat Starting Salary of: $ 8.00 Joyce Franz 329 North Ogden Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 86 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employment Programs. Page 38 01-0320.txt RECEIVED AND FILED Certificate of Appointment Effective: February 27, 2001 in the Department of Common Council Position of Intern VI Seasonal Competitive at the: Flat Starting Salary of: $ 10.00 Diona D Ellington 49 Burgard P1 Lower Buffalo New York 14211 Certificate of Appointment Effective: February 22, 2001 in the Department of Common Council the Position of Intern V Seasonal Non Competitive at the: Flat Starting Salary of: $ 8.00 Christine A. Augustyniak 205 Marine Dr 9D Buffalo New York 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 87 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 Certificate of Appointment Effective: March 13, 2001 in the Department of: Administration & Finance Division of: Inventory & Stores to the Position of: Laborer II Seasonal Appointment at the: Flat Starting Salary of: $ 6.92 per Hour Louis A. Cardona 780 Seneca St Buffalo, NY 14210 Certificate of Appointment Effective: March 19,2001 in the Department of Public works, Parks Streets Division of Parks to the Position of Labor II Seasonal Non competitive Flat Starting salary of: $ 6.92 Anderson Cynthia 639 Grant Buffalo 14213 Anderson Eric 94 Lombard Street Buffalo 14206 Bahlamish Mohammed 389 Grider Buffalo 14215 Barnes Wanda 115 Pooley Place Buffalo 14213 Roderick Cameron 391 Washington Buffalo 14201 Cortelli Frank 1188 Hertel Ave Buffalo 14216 Getman Richard 756 Seneca Street Buffalo 14210 Gonzalez Joseph 51 Rosedale Buffalo 14207 Issacs Carrie 33 Churchhill Street Buffalo 14207 Marquez Pedro 517 Fourth Street Buffalo 14201 McDow Robert 1 Maryner Tower Buffalo 14201 Smietanna Joseph 24 Warren Avenue Buffalo 14212 Swenton Darlene 200 Condon Buffalo 14207 Thompson Steven 49 Castle Place Buffalo 14214 Peter B. Rose 49 Shoreham Blvd. Buffalo, NY 14216 Certificate of Appointment Effective March 6, 2001 in the Department of Public Works Parks and Streets Division of Streets to the Position of Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Andrew M. Chamber 125 Eckert Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 88 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 Certificate of Appointment Effective: March 19, 2001 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Temporary Appointment at the: Minimum Starting Salary of: $27,385 Lisa R. Fehr 229 Summit Avenue Buffalo NY 14214 Certificate of Appointment Effective: March 14, 2001 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Temporary Appointment at the Minimum Starting Salary of: $36,028 Claudia M. Zona-Panczyk 58 Cochrane Street Buffalo NY 14206 Certificate of Appointment Effective: March 7, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Senior Auditor Temporary Appointment at the: Minimum Starting Salary of: $ 36,028 David Serota 1116 Parkside Avenue Buffalo, NY 14214 Page 39 01-0320.txt Certificate of Appointment Effective: March 12, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Supervising Auditor Permanent Appointment at the: Minimum Starting Salary of: $ 41,617 Michael F. Drennen 108 Homer Ave Buffalo, NY 14216 Certificate of Appointment Effective: March 13 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $ 6.00 Darryl Gaiter 77 Parkside Buffalo 14214 Helen Gaiter 77 Parkside Buffalo 14214, Rudolph Laster Jr. 296 Northland Buffalo 14208 LaTisha Turner 21 Gesl Buffalo 14214 Certificate of Appointment Effective: March 9, 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $ 6.00 Charles Huff 76 Sussex Buffalo 14215 Joan Fletcher 128 Trowbidge Buffalo 14220 Certificate of Appointment Effective: March 7, 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $ 6.00 Theresa Pugliese 68 Cunard Buffalo 14216 Jami McQuiller 202 South Division Apt 604 Buffalo 14204 Storm Wright 174 Colvin Buffalo 14216 Barbara Kozlowski Buffalo 14213 Certificate of Appointment Effective: March 5, 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $ 6.00 Jessica Muscarella 169 Reiman Buffalo 14206 Jodi Kapitany 98 Ontario Buffalo 14207 Certificate of Appointment Effective: March 1, 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $ 6.00 Beverly Semenow 453 Amherst Buffalo 14207 Certificate of Appointment Effective: March 13, 2001 in the Department of Community Services Division of Contract Administration to the Position of Supervisor Temporary As Required at the: Flat Starting Salary of: $ 6.50 Cliffie Turner 109 Pembroke Buffalo 14215 Certificate of Appointment Effective: March 9, 2001 in the Department of Human Resources Division of Civil Service, to the Position of Exam Monitor I Temporary Non-Competitive at the: Flat Starting Salary of: $ 7.00 Diane C. Lemanski 126 Peabody St. Buffalo, NY 14210 Certificate of Appointment Effective March 9, 2001 in the Department of Human Resources Division of Civil Service, to the Position of Exam Monitor III Temporary Non-Competitive at the: Flat Beverly Reczek 106 Weimar St. Buffalo, NY 14206 Certificate of Appointment Effective: March 9, 2001 in the Department of Human Resources Division of Civil Service, to the Position of Exam Monitor IV Temporary N o n - Competitive at the: Flat Starting Salary of: $ 20.00 David E. Baez 291 Baynes St. Buffalo, NY 14213 Certificate of Appointment Effective: Tuesday, March 06, 2001 in the Department of MANAGEMENT INFORMATION SYSTEMS to the Position of SYSTEM ANALYST PROVISIONAL APPOINTMENT MINIMUM Starting Salary of: $ 39,190 DARYL SPRINGER 20 LEXINGTON AVE BUFFALO, NY 14222 Certificate of Appointment Appointment Effective: March 12,2001 in the Department of Mayor and Executive Division of Citizen Services to the Position of Complaint Clerk Provisional Appointment at the: Minimum Starting Salary of: $ 23,949.30 Christopher M. DiPasquale 28 Harvest Avenue Buffalo, New York 14216 Certificate of Appointment Effective: March 5, 2001 in the Page 40 01-0320.txt Department of Police to the Position of: Crossing Guard Temporary Non-Competitive at the: minimum Starting Salary of: $ 7.09 Karen Roof 15 Heussy St. Buffalo, NY 14220 Frances Washington 454 Wyoming St. Buffalo, NY 14215 Certificate of Appointment Effective: February 19, 2001 in the Department of: Police to the Position of. Crossing Guard Permanent Non-Competitive Minimum Starting Salary of: $ 7.09 John Butler 366 Elmwood Ave. Buffalo, NY 14222 Kathleen Reusch 361 Okell St. Buffalo, NY 14220 Patricia Wilczak 132 Goethe St. Buffalo, NY 14206 Patricia Barnes 25 Copeland Pl. Buffalo, NY 14207 Judy Morella 34 Condon Ave. Buffalo, NY 14207 Karen Pieri 31 Marine Dr. 5A Buffalo, NY 14202 Denise Fronczak 56 Beatrice Ave. Buffalo, NY 14207 Certificate of Appointment Effective: March 12, 2001 in the Department of Police to the Position of: Report Technician Temporary Appointment at the: Minimum Starting Salary of: $ 25,903 Denise 0. Morse 79 Sherman Street Buffalo, New York 14206 Certificate of Appointment Effective: March 19,2001 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Community Recreation Aide Provisional Appointment at the: Minimum Starting Salary of: $ 27,245.00 Salvatore Cicatello 90 Eckherd Buffalo NY 14207 Certificate of Appointment Effective:February 12, 2001 in the Department of Division of Buildings Public Works, Parks & Streets to the Position of General Mechanic Provisional Appointment at the: Minimum Starting Salary of: $ 25,914 Paul F. Slomba 31 N. Ryan Street Buffalo 14210 Certificate of 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 Keith R. Powers 63 Delsan Court Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 89 ACQUISITION AND REMEDIATION PROPOSALFOR 43 CAROLINA STREET AND 4 SEVENTH STREET ("THE FOURTH STREET PROPERTIES') Attached is Technae Venture's proposal for the acquisition and remediation of 43 Carolina Street and 4 Seventh Street, the BURA owned properties surrounding the Waterfront School. This matter represents a serious problem which if not addressed quickly and competently, may become a monumental problem for the City, BURA and the Buffalo Board of Education. As we mentioned in previous conversations and presentations regarding this matter, Technae's proposal presents considerable benefits to all three of the public entities involved, and contains solutions to the three largest issues facing the remediation. of this site. First, Technae's proposal is a comprehensive risk management, remedial and redevelopment proposal. Technae's principals have a considerable record remediating and redeveloping environmentally challenged sites, but most importantly, Technae can manage the considerable legal liability risks facing the City, BURA and Board of Education before, during and after any remedial solution. Assuming that a state Superfund clean-up of the site is a serious mistake - the proposed clean-up is messy, dangerous and would leave all three entities exposed to potentially massive legal liability. Second, Technae's proposal would allow for almost implementation of a clean-up of the site, with no delays caused by funding source problems. Remember that NYSDEC has stated publicly that their Page 41 01-0320.txt proposed clean-up cannot begin for another two years. Lastly, Technae's proposal would not only cost the City, BURA or Board of Education nothing to implement, but may have a considerable financial benefit in the form of cost savings possible under our approach. I urge you to consider this proposal in the strongest possible terms. BURA is now running out of time. In order to be able to implement this proposal, NYSDEC must be notified of our standing to undertake this project by the end of this week. I will be in contact with you immediately regarding this matter. REFERRED TO THE SPECIAL COMMITTEE ON BUFFALO URBAN RENEWAL AGENCY, THE CORPORATION COUNCIL, THE BOARD OF EDUCATION AND THE COMMITTEE ON COMMUNITY DEVELOPMEMNT NO. 90 INFO COMMERCIAL MOTOR VEHICLES REGISTERED CITY RESIDENTS Attached correspondence available in city clerk's office REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES NO. 91 PROPOSED EASEMENT ON NIAGARA STREET AT THE NEW COURT BUILDING. Thank you for your interest in the opinion of Buffalo Place Inc. on Erie County's request for an easement of Niagara Street for the purpose of building a plaza in front of the new Family Court Building. We had requested reconsideration of this item to find another way to resolve Eric County's pedestrian safety concerns without closing this historic and important through-street to vehicular traffic. We also voiced concerns over the change of West Eagle Street between Pearl and Delaware to a one-way westbound street. Both the Buffalo Place Planning Committee and Board of Directors felt strongly that it is most important for Niagara Street to remain open and for Eagle to be open as a two-way street. We appreciated the Common Council's willingness to allow further investigation of the issues Following the discussion on Monday, March P attended by you, representatives from Erie County and City of Buffalo Public Works Departments and Buffalo Place, the Buffalo Place Board again discussed the proposal to close Niagara Street. Both County Executive Giambra and Mayor Masiello were in attendance at yesterday's meeting. The proposals to open Eagle as a two-way, Niagara as an eastbound street, and Erie County's concerns about pedestrian safety were presented. It is still the strong opinion of Buffalo Place Inc. that it is most important to keep Niagara Street open as a through street. The most important issue sited was the need to support the southeasterly commuter route from Delaware and Elmwood to Main Place Mall and the traditional office district to the south. Board members believe that pedestrian safety issues are resolved though the widened sidewalk in front of the courthouse and intersection design at Pearl and Eagle. Use of a pedestrian only crossing phase in the signal, and colored and possibly raised pavement at the crosswalk were suggested. Buffalo Place recently learned about the numerous design techniques available to ensure pedestrian safety at a recent seminar hosted by GBNRTC. We would urge consideration of these techniques, which are appropriate and effective in an urban environment, rather than advocating the closure of a historic street for construction of another dead pedestrian space in the downtown core. These areas hurt downtown by contributing to the feeling of pedestrian insecurity. Buffalo Place supports the City's effort to open closed and one-way streets, because, we think it is associated with active healthy streets Page 42 01-0320.txt and buildings, and because it is important for downtown visitors to feel comfortable finding their way around. Regarding the Niagara Street sidewalk width, extension of the sidewalk into the remainder of the traffic lane seems appropriate. The proposed 20 feet is more than adequate for safety, and is wider than other high pedestrian volume areas. (HSBC Arena sidewalk is 11 feet. Main Street used to be 17 feet wide.) Niagara Street open as a one-way Eastbound street is preferable to a closed street. The Eastbound direction is most important and we understand the problem that occurs with westbound traffic lining up to cross on-coming cars in the next block of Niagara. Thank you for your consideration of the downtown business community's opinion. REFERRED TO THE COMMITTEE ON LEGISLATION STADIU34/AUDITORIUM TASK FORCE NO. 92 M COPPOLA COMBINED HEAT/POWER EDUCATION & OUTREACH GUIDE Please file the attached notebook on the Combined Heat & Power Education & Outreach Guide to State and Federal Government. Copies will be distributed at Council Meeting on March 20, 2001. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 93 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SEQR LEAD AGENCY COORDINATION UNION SHIP CANAL DEVELOPMENT PLAN (C) BUFFALO - ERIE COUNTY This letter is in response to your November 28, 2000 letter requesting Lead Agency Status for the purposes of the State Environmental Quality Review Act (SEQR) for the Union Ship Canal Development Plan. The New York State Department of Environmental Conservation has no objection to the City of Buffalo Common Council acting as lead agency for the review of this action. As you probably know, the Department is an involved agency under SEQR, since we will have regulatory jurisdiction under Article 24 (Freshwater Wetlands - BU-7 Wetland) and Article 15, Title 5 (Protection of Waters - Navigability/Water Quality Certification), Stormwater SPDES and because of our heavy involvement in site remediation/cleanup and potential Environmental Quality Bond Act funding. The 275 acre developmental site also contains designated Significant Coastal Fish and Wildlife Habitat, an area of archaeological sensitivity and a significant portion of the project may be subject to flooding when adverse, high wind conditions occur on Lake Erie. Moreover, we note that the site lies within the City of Buffalo's Local Waterfront Restriction District, as well as within New York State Department of State's (DOS) Coastal Management Program Area. Obviously, since this is a large, complicated Type I Action pursuant to SEQR, it will be very important to insure that all elements and phases of the development of this land are adequately analyzed, particularily the contamination and natural resource issues, in a manner that precludes SEQR segmentation. Since it is understood that the City has its own SEQR regulations, one of the issues to be resolved would be under what regulation the environmental evaluation will be conducted. Was the City's SEQR regulation ever certified by the Commissioner of the Department of Environmental Conservation? We would recommend that the statewide regulations (Part 617 of 6 NYCRR) be used as the appropriate regulation, since involved agencies and the public will be more familiar with those requirements. Page 43 01-0320.txt Additionally, it is likely that the DOS's 44 coastal policies will be applicable and should be identified evaluated, resolved and properly documented a soon as possibile. We would recommend that City of Buffalo staff familiar with the statewide SEQR regulations and/or someone knowledgeable with day-to-day SEQR coordination and requirements be included in any consultant team created to further this project so that procedural problems can be minimized. As discussed at a meeting held on September 8, 2000 with Mr. Richard Stanton, representatives from Downtown Development, Inc. and others, the project will be reviewed under a Generic Environmental Impact Statement (EIS). The Department strongly supports the preparation of a Draft and Final EIS under that procedure for this proposal. We recommend that an agency scoping session be held to define all of the issues which should be analyzed in the EIS and recommend that the City's consultants may wish to have a separate meeting(s) at this office with Regional Permit unit staff and myself to expedite the exchange of Department comments and information. The Permits unit wishes to be routinely copied with all pre-draft DEIS preparations as soon as possible so that we can insure that our regulatory permit requirements and environmental resource stewardship responsibilities are met. Thank you for the opportunity to review this project. I and the Permits unit staff look forward to working with you on this Brownfields land development initiative. If you have any questions or I can help your consultants, please do not hesitate to call me at 851-7165. REFERRED TO THE UNION SHIP CANAL REDEVELOPMENT COMMITTEE NO. 94 DEBRIS IN DIST PILES USED TO LEVEL CITY LOTS Dear Mr. Michaux: I hereby submit for filing copies of a letter from Mr. Arnold D. Wiggins Jr., regarding large pieces of debris included in dirt piles that are to be used to level city lots. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE COMMISSIONER OF PUBLIC WORKS AND ENVIRONMENT COMMITTEE NO. 95 MBE/WBE CONTRACTS AWARDED BY PUBLIC WORKS Unfortunately, I will be unable to attend the meeting of the Minority Business Enterprises Committee meeting scheduled for March 12, 200 1. Please be advised that since my last report the following contracts have been given to, or are being negotiated with the following MBE's or WBE's: Design of Gold Coast Market The El Team Design of Jefferson Library Robert T. Coles Architects Design of Jefferson Ave. Rehabilitation Project the El Team Design of Zoo Primate Exhibit Foit-Albert Associates Roof Repair-Masten CAO H&L Construction City Court Waterpumps Roberson Plumbing REFERRED TO TEH MINORITY BUSINEE ENTERPRISE COMMITTEE NO. 96 P. DUFFY-COMPLAINTS SHEA'S THEATER Dear Mr. Michaux: I hereby submit for filing copies of correspondence from Mrs. Patricia Duffy, Principal Catholic Central School and letters from two teachers, recanting their negative experience while attending the Sesame Street show at Shea's Theatre. Page 44 01-0320.txt REFERRED TO THE COMMITTEE ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 97 P FOSTER-REQ SNOW REMOPVAL TASK FORCE BE EXPANDED TO SPECIAL COMMITTEE I hereby submit for filing copies of a letter from Mr. Patrick Foster, President of the Colfax Avenue Block Club, requesting that the Council" Snow removal committee be expanded to a Streets Service Special Committee, whereby issues may be addressed on a yearly basis. REFERRED TO THE COUNCIL PRESIDENT NO. 98 E. LESTER-BMHA-DENIAL OF RELOCATION REQUEST I hereby submit for filing copies of a letter from Mr. Elbert Lester, a resident of Frederick Douglas Towers, regarding BMHA's denial of his relocation request. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 99 BUFFALO PUBLIC SCHOOLS REPORT OF ACTIVITIES-AFRICANA/MULTICULTURAL EDUCATION PROGRAMS The two programs which I have been planning and conducting are African and African American /Multiculural Programs and, Seeking Educational Equity and Diversity (S.E.E.D). Both of them involve training teachers to work with other teachers and administrators. The Liaison program was started with the African and African American Curriculum Program in 1986. At that time one teacher from each of the schools was been identified to attend the workshops. Currently one teacher from most of the schools has been identified. In some cases the person remained the same, while in others, new people were identified by the principal. A copy of the list of teachers is included in this packet. The intent of the Saturday workshops is to provide teachers with information about African and African American history, to provide teaching strategies, resources such as bibliographies, and opportunities for teachers to share what they are doing with their students. The history and culture of other ethnic groups is also included in the presentations where it fits. The teachers are then encouraged to work with the principal and/or program coordinator to share information with teachers at their school. They are also asked to share information with me which they think that the other liaisons could use for their teachers and students. In at least 10 of the schools the liaison worked with the principal to facilitate the Underground Railroad program. Ten more liaisons will get the opportunity during this second semester. The seminars also feature guest speakers such as Karima Amin and I expect that Abe Hussein will present at a workshop in March. The focus has been on African American history and culture, but I have two people who will be presenting information on Latina/o culture and one person who will be presenting information on Asian American culture. The S.E.E.D program is one which was developed by Peggy McIntosh at Wellesley College, The Center for Research on Women in Massachusetts. Janice Santiago, a teacher and myself participated in the week long training seminar about six years ago in order to bring the teaching strategies back to the district. The S.E.E.D. teachers consist of the 12 Multicultural Education Instructional Support Team (MEIST) teachers who assist with the larger liaison meetings. These teachers were selected from the larger Page 45 01-0320.txt liaison group to receive additional training so that they would be able to provide workshops across the district. The MEIST teachers who participate in the SEED workshops meet to discuss issues of equity and diversity. The seminars provide an opportunity for teachers to examine their own cultural prejudices and/or baggage, first. Then, they focus on how to make the school curricula more gender-fair and multiculturally equitable in all subject areas. The workshops provide the foundation for an understanding of gender, race and class relations so that teachers will be able to transform the curriculum. The seminars utilize both various articles from books and other resources as well as video material to encourage discussion. Instead of meeting once a month, we have attempted to meet every three weeks. At the end of the sessions, these teachers will have the readings, access to the videos, as well as technical assistance from myself to initiate yearlong programs in their respective buildings. There are at least 10 teachers who will be able to do this for teachers in their buildings As stated earlier, the goal of both of the programs is to provide teachers in the schools with knowledge and resources so that they can work with their students, other teachers, and the building administrator. I have enclosed a set of the meeting dates, times, and agendas and some of the workshop materials that we have discussed. In addition, I held four meetings where the MEIST teachers previewed CD-Roms and other media material which were purchased last year but which we had not had the opportunity to review for content and usefulness. The intent here is to order additional materials of those useful media resources for the liaisons. I will need some funds to do that. I have donated at least one of all the CD-Roms to Eva Doyle's resource room, and will provide an opportunity for the other reviewers to choose the material that they want. if you have any other questions about the programs, please let me know. REFERRED TO THE COMMITTEE ON EDUCATION.OF BUFFALO NO. 100 M. SUMMERVILLE PUBLIC RECOGNITION-DR. YERBY JONES I hereby submit for filing copies of a letter from Mrs. Marjorie Summerville who writes in hopes of public recognition of Dr. Yerby Jones a noted ophthalmologist. RECEIVED AND FILED. NO. 101 C. FISHER SUPPORT PROPOSALS-BUFFALO PRENATAL PERINATAL NETWORK As Councilman at Large, I support the proposals of the Buffalo Prenatal-Perinatal Network, Inc. for the United Stated Department Health and Human Services-Health Resource & Service Administration Healthy Start Initiative Programs. The Buffalo Prenatal-Perinatal Network has many years of experience in implementing activities under these and related programs which have assisted women, children and families in the Buffalo regional community. Programs and services made available to consumers and provided by the Buffalo PrenatalPerinatal Network have provided educational opportunities and improved access to appropriate health, social and support services available to residents of Buffalo, Eric and Niagara Counties. We support the continuation of these needed activities. RECEIVED AND FILED. NO. 102 Page 46 01-0320.txt JOINT SCHOOLS CONSTRUCTION BOARD Attached please find minutes from the January 22, 2001 meeting. Copy on file in City Clerk's Office. REFERRED TO THE COMMITTEE ON EDUCATION NO. 103 JOINT SCHOOLS CONSTRUCTION BOARD Attached please find minutes from the February 26, 2001 meeting. Copy on file in City Clerk's Office. REFERRED TO THE COMMITTEE ON EDUCATION. NO. 104 HYATT-GENESEE BAR This letter is to inform you that Hyatt Corporation D/B/A Genesee Bar, located at Two Fountain Plaza, Buffalo, New York, has made an Application for Permission to make alterations. Enclosed is a copy of the completed restaurant plan. If you have any questions or concerns, please feel free to call me at (716) 855-4815. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF LICENSES AND PERMITS NO. 105 LUSH LAWN REQ. PAYMENTS FOR SERVICES PROVIDED TO CITY Copy on file in City Clerk's Office. We also tried calling Mr. Keane SEVERAL times and he has not YET returned our phone calls, which we find shameful, and not a good REFERRED TO THE COMMITTEE ON CLAIMS, THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING. NO. 106 J. OSTROWSKI TESTIMONY AGAINST THE $95 MILLION HANDOUT TO ADELPHIA COMMUNICATIONS REFERRED TO THE TASK FORCE ON STADIUM AND AUD NO. 107 K. POKORSKI SEQRA REVIEW-VILLAGE OF SLOAN COMPREHENSIVE PLAN Your agency has been identified as an Involved or Interested Agency under the provisions of the State Environmental Quality Review Act (S SEQRA) regarding the draft Village of Sloan Comprehensive Plan. Please be advised that the Village Board of Sloan would like to be Lead Agency for review of this project. You have thirty (30) days in which to state your objection to the Board serving as Lead Agency. Please direct your comments to: Kenneth Pokorski, Mayor Village of Sloan 425 Reiman Street Sloan, NY 14212 RECEIVED AND FILED. NO. 108 E. SCHNEIDER-LEGAL ISSUES-SALE OF PFEIFER THEATRE In response to your letter of March 8,2001 (copy enclosed), please be advised that the UB Foundation has the same interpretation as Mr. Greiner regarding the legal issues raised by the sale of the Pfeifer Theatre. Should you have any questions, please feel free to contact me. REFERRED TO THE COMMITTEE ON COMMUNITY Page 47 01-0320.txt DEVELOPMENT. NO. 109 W. JONES-CONCERNS-FIRE DEPT. My name is Walter Jones, Jr. I am an African American Buffalo Firefighter. I have served the City of Buffalo for 18 years. I am writing to make you aware of a situation that happened on March 7, 2001. After a fire on Winslow Avenue, myself and a member of my crew, Engine #33 were detained after a fire by Chief A. Hynes who also happens to be a I" Vice President of our Local Union #282. Initially Chief Hynes tried to intimidate Firefighter Robert Galloway regarding statements which were made at our last union meeting. When I came over Chief Hynes began to explain his position within the union. In his discussion, he used the word nigger repeatedly. This encounter was witnessed and reported to the proper authorities within the fire department by us. Union charges are being filed. I feel that in this day and time this behavior is totally unacceptable by anyone, especially my superior officer and my union 1st Vice President. I have been totally humiliated and intimidated. My Division Chief has been pressuring me not to file these charges. I am writing this letter because, frankly, I did not know where else to turn. I know that you are very busy with city business, but I'm hoping that you will take the time to look into this very serious matter. I thank you for your time. If you wish to discuss this further, please feel free to contact me at 833-9496. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, COMMISSIONER OF FIRE AND CITIZENS RIGHTS AND COMMUNITY SERVICES COMMISSION PETITIONS NO. 110 R. WALES, AGENT, USE 942 MAIN ST. FOR GARDEN TYPE ROOF STRUCTURE (HRG. 03/27/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 111 J. BARRETT & O SUPPORT RETENTION OF FREE PARKING FOR DISABLED We, the citizens, tax payers, and residents of New York State, county of Erie, City of Buffalo support free parking for all legitimate disabled and handicap persons! We the voters stand in opposition to the City of Buffalo Parking Enforcement Department's proposal to abolish free parking at public parking meters. We ask the Buffalo Common Council and the Masiello Administration to create a system of tracking down and identifying those who would abuse the privilege of free handicap parking for the disabled, and prosecute them to the fullest extent of the law! REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 112 E. STRINGFELLOW & O SUPPORT FREE PARKING FOR THE DISABLED Please file these petitions for Tuesday, March 20, 2001 Buffalo Common Council meeting. These 140 signatures enclosed herein bring the total of signatures filed to 1,640 signatures filed on behalf of the petitions drive to retain free parking for the disabled. REFERRED TO THE COMMITTEE ON LEGISLATION. Page 48 01-0320.txt REGULAR COMMITTEES CLAIMS COMMITTEE (MARY M. MARTINO, CHAIRPERSON) NO. 113 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled- AIColleen Bessephini P/NJG of Lara Besseghini an Infant Vs. City of Buffalo $3,000.00 A2.Ada M. Dowell Vs. City of Buffalo $5,000.00 A3.Barbara Lewis Vs. City of Buffalo $ 500.00 A4.Ben Patterson P/N/G of Christopher E. Patterson, an Infant Vs. City of Buffalo $5,000.00 A5.Katherine K. Weinzler Vs. Buffalo $6,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES-12. NOES-0. NO. 114 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B1.Kenneth M. Giroux, 102 Rosedale Street, 14207 Claim for damage to eyeglasses that were broken while claimant was performing his duties in the DPW Parks & Streets. $252.00 B2.Kelly Graetz, 160 Russell Avenue, 14214 Claim for damage to a 1992 Toyota on 7-11 -00 on Russell Avenue. The claimant alleges that a recycle worker for the City hit the hood of her vehicle while tossing the bin back towards the curb. A witness has verified this claim. $320.11 B3.Marlene Lynn Griggs, 2763 Main Street, Apartment #5, 14214 Claim for damage to a 2001 Subaru on 11-22-00 in the parking lot of the "E" District Police Precinct. Ms. Griggs is a report technician at that Precinct. A laborer was cleaning snow with a snowblower from the parking lot and accidentally damaged the vehicle. $ 538.38 B4.Norman R. Harrington, I8 Parkview Avenue, 14210 Claim for damage to the vinyl cover of a 1995 Toyota Tacoma. A large dead branch from a City owned tree fell on the vehicle causing the damage. The City had previously been advised of a hazardous condition existing there and the tree has been put on a list for trimming. $ 219.95 B5.James Kelley,3458 Creekview, Hamburg New York 14074 Page 49 01-0320.txt Claim for damage to Firefighter Kelley's eyeglasses in the line of duty. They were broken during a warehouse fire at Miami and Ohio Streets. Pursuant to Section 16-8 of the City Ordinances claimant is entitled to reimbursement. $ 94.00 B6. Sandra Leftwich, 429 Stockbridge, 14215 Claim for damage to 1988 Ford Tempo in front of 429 Stockbridge, A large limb from a City owned tree fell on the vehicle causing the damage. This has been confirmed by the Division of Forestry and the tree has since been removed. The City had previously been put on notice of a hazardous condition regarding this tree. $ 1,070.11 B7. Lewis J. Maulucci, 436 West Delavan Avenue, 14213 Claim for damage to a 1993 Jaguar which occurred while the vehicle was stored at the Dart Street Impound Garage. The vehicle was parked at the comer of one of the rows of cars. It appears that one of the City tow trucks inadvertently damaged the rear light assembly, bumper and molding when it came in contact with the vehicle. This has been confirmed by Garage personnel. $ 762.85 B8.Schenita McCray, 48 Courtland Avenue, 14215 Claim for the price of a locksmith who had to be called to make a new set of keys for her vehicle. The vehicle was towed to the Dart Street Garage. In the process of checking it in the keys were inadvertently misplaced. This has been confirmed by garage personnel. $ 125.00 B9. Carol McLaughlin, 308 Peppermint Road, Lancaster New York 14086 Claim for damage to a 1997 Cadillac Delegance in front of 38 Peach Street. A snow plow moved a large metal plate which was covering a street cut, exposing the hole. The vehicle backed into the hole and the upturned plate causing damage. $ 176.24 B10. Charles G. Militello, 249 Jersey Street, 14201 Claim for damage to a personal computer which was ruined by water coming through the ceiling from the cell block area at Police Headquarters. Detective Militello works Out of the Narcotics Division and on 12-25-00 he reported that water and waste had come through the ceiling and damaged his computer. We have been informed that there was a problem with the sewer line on the fourth floor and that is what caused the leak. $1,727.95 B11.Catherine Mondrala, 170 Titus, 14211 Claim for damage to a 1994 Honda on at 170 Titus. A large limb from a City owned tree fell on the vehicle. The tree is on adjacent property owned by the City of Buffalo Real Estate. Prior notification was given to the City of the hazardous condition. $ 853.04 B12.Mary Ann Snow, 22 Fougeron Street, 14211 Claim for a lilac bush that was inadvertently destroyed on 6-23-00 at 22 Fougeron Street. A Streets Department crew was cleaning up an adjacent lot and mistakenly cut the bush down. This has been confirmed by the Deputy Commissioner of Streets. $ 160.00 B13.Arthur L. Taggart, 408 Vine Lane, Amherst New York 14228 Claim for a fire which was damaged on 5-17-00 at 3311 Page 50 01-0320.txt Bailey Avenue. The curb in that area is deteriorated and metal protrudes from the concrete. The City had previously been informed of the hazardous condition. $ 129.55 B14.Thomas A. Weimer, 227 Brookside Drive, 14220 Claim for damage to claimant's clothing in the line of duty working for the DPW/Parks & Streets. On 11-20-00 claimant was working at the Broadway Garage and fell on an oil, diesel fuel and ice covered floor. There is a hole in the ceiling of the garage and snow and ice leak through to the floor. His coat, hood and jeans were damaged. This has all been confirmed by Deputy Commissioner Sullivan. Pursuant to Section 16-8 of the City Ordinances claimant is entitled to reimbursement. $ 80.00 B15Norman G. Zerkowski, 379 Villa Avenue, 14216 Claim for reimbursement of claimant's vehicle insurance deductible. A large dead branch from a City owned tree fell on the vehicle a 1998 Chevrolet Blazer. The Division of Forestry had been on the street a few weeks previous trimming and cutting down trees. $ 500.00 B16.Tracy Diina, 849 Delaware Avenue, Apartment #205, 14209 Claim for damage to a 2000 Honda Civic in the parking lot of the City Animal Shelter on Ellicott Street. A City high lift, while in the process of clearing the lot, damaged the bumper and quarter panel of the vehicle. Claimant has produced a statement from an employee of Buffalo Place who witnessed the high lift inadvertently scrape the vehicle. $ 623.61 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names.. respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed Ayes-12. Noes-0. NO. 115 PROPERTY DAMAGE B17.Central Terminal Restoration Corporation, P.O. Box 468, 14212 This is a claim for damage to topsoil, grass and trees on the grounds surrounding the Central Terminal. The Corporation Counsel recommends payment in the amount of $ 57,790.81 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 116 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid-. C1.Xpedx (formerly Alling & Cory) Claim for payment of prior fiscal year Invoice 41056762 of 4-9-99 for services rendered to the Page 51 01-0320.txt Police Department for envelopes. $ 67.56 C2.Crown Collision Service Claim for payment of seven (7) prior fiscal year invoices for repair of seven Police vehicles. They are Vehicles #966 on 11-24-99, #844 on 12-2-99, 536 on 12-3 0-99, #962 on 1- 17-00, 675 on 1-26-00, #580 on 3-3-00 and #929 on 5-11-00. $10,168.37 C3.GE Richards Graphic Supplies Claim for payment of prior fiscal year Invoice #865378 for services rendered to the Print Shop on 9-7-99. The City's Accounts Payable Division has verified that this invoice was never paid. Payment must now be made through the claims process. $ 162.80 C4.Hurwitz & Fine Claim for payment of a prior fiscal year invoice regarding Daly Vs City of Buffalo, an incident on 6-29-95 involving five off duty Buffalo Police Officers. The officers claim Mr. Daly was intoxicated and was threatening to pull a weapon and had to be restrained. Mr. Daly claims to have been assaulted by the officers. Although off-duty there is a question whether the officers were acting within the scope of their employment. As such, the City is legally obligated to share in their defense costs. An agreement has been reached whereby the City would share the costs of counsel for the individual officers by paving forty percent (40%) of their legal bills. $6,550.00 C5.Niagara Frontier Psychiatric Claim for payment of prior fiscal year Invoices #3297 and #4258 for services rendered to Firefighters Woods and West. Mr. Woods injured his head and back on 8-1-94 and has not returned to work. Mr. West injured his back on 4-28-98 and has not returned to work. $2,551.13 C6.Northtowns Orthopedics Claim for payment of prior fiscal year Invoice #41028 for services rendered to Firefighter Keith Sweat on 1-28-00. Mr. Sweat injured his left knee on 1-24-00 and has not returned to work. $ 49.44 C7.Orthosports Physical Therapy Claim for payment of prior fiscal year Invoice #14143 for services rendered to Firefighter Keith Sweat from 2- 1 -00 to 2-11 -00. He ir1jured his left knee on 1-24-00 and. has not returned to work. $306.71 C8.Southtowns Radiology Associates Claim for payment of prior fiscal year Invoices #176835-134092 of 1-24-00 for Firefighter David Zwawa and #172435-121986 of 8-12-99 for Firefighter Anthony Serafini. Mr. Zwawa injured his left shoulder on 1-22-00 and has returned to work. Mr. Serafini injured his left shoulder on 9-25-99 and has returned to work. $334.17 C9.Strate Welding Supply Company, Inc. Claim for payment of prior fiscal year Invoice #23194 for services rendered to the Fire Department for a six prong female socket. The Department states that a Purchase Order number was never issued for this order. $16.53 C 10. Tunmore Car Leasing, Inc. Page 52 01-0320.txt Claim for payment of a prior fiscal year invoice for repairs made to the leased vehicle of the former City of Buffalo Comptroller, Joel Giambra. The vehicle was turned back to Tunmore Oldsmobile in December of 1999. After reviewing past invoices and examining the deductible to be applied, it has been determined and agreed upon that the City should pay ($430.78) $ 430.78 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names. respectively, and delivered to them upon execution and deliver~ to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-12. NOES-0. NO. 117 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D1YMCA of Greater Buffalo, 300 Cayuga Road, 14225 Claim for reimbursement to the YMCA for payment of a prior fiscal year invoice. In 1995 the YMCA contracted with the City to run War Memorial Stadium. There was an outstanding prior bill owed to Niagara Mohawk which the YMCA paid at that time. This money therefore should be reimbursed to the YMCA. $1,148.39 D2.David B. Zafuto, 2316 Wellington Road, 14216 Claim for reimbursement to claimant for medical insurance and prescription payments. Claimant paid his own health insurance because he was not picked up by the City's health insurance coverage at the appropriate time. He was erroneously informed that his medical coverage would start in six months. In reality coverage should have started in thirty days. He paid for his insurance coverage and prescriptions (receipts are in the file) from 9-1 -00 to I -1 -0 1. This has been confirmed by the Department of Human Resources, Benefits Office.$ 1,522.35 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivered, to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES-12. NOES-0. NO. 118 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Counsel Claims Committee, the following claim be paid: E1Marie A. Jackson, 222 Cumberland Avenue, 14220 Claim for a tire that was punctured by a piece of metal protruding from the curb on Rutland near Cumberland. The total cost of the tire is ($84.19) $ 84.19 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names. respectively, and delivered to them upon execution and delivery to the Corporation Page 53 01-0320.txt Counsel of the proper releases where such releases are indicated. Passed Ayes-12. Noes-0. CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 119 FAIRNESS/AFR. AM. WKRS./PW QUEST.-FOREMEN, ETC. (CIT. RIGHTS) (CCP#62-MARCH 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 FAIRNESS AFR./AM. WKS.-PUB. WKS./STREETS DIV. (HR) (#52, 2/20) (CCP#97-MARCH 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 AFR/AMER. WKRS.-STREETS DIVISION (PW) (CCP#28-MARCH 6, 01) That the above item be and the same hereby is received and filed. ADOPTED Recommended by the Committee on Civil Service NO. 122 RESPONSE-VAR. QUESTIONS-FOREMEN, TRUCK DRIVERS, ETC. (HR) (CCP#53-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 APPOINTMENT ASSOCIATE ENGINEER (MAX) (PW) (ITEM NO. 45 -C.C.P. MARCH 6, 2001) That Communication 45, March 6, 2001 be received and filed and the permanent appointment of Peter J. Merlo stated above at the maximum salary of $58,134 effective on March 5, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 124 APPOINTMENT JR. ENGINEER (INTER) (PW) (ITEM NO. 46-C.C.P. MARCH 6, 2001) That Communication 46, March 6, 2001 be received and filed and the permanent promotion of Eric D. Schmarder stated above at the intermediate salary of $36,843 effective on February 16, 2001 is hereby approved. PASSED AYES-12. NOES-0. No. 125 Appt.-Detective (Max) (Pol.) (CCP#47-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 54 01-0320.txt No. 126 Appt.-Detective (Cont. Perm.) (Max) (Pol.) (CCP#48-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 127 Appts.-Police Lt. (Max) (Pol.) (CCP #49 - March 6, 001) That the above item be and the same hereby is received and filed. ADOPTED No. 128 Appts.-Police Lt. (Cont Perm) (Max) (Pol.) (CCP #50 - March 6, 001) That the above item be and the same hereby is received and filed. ADOPTED No. 129 Notices of Appts.- Temp/Prov/Perm (C Clk) (CCP#72-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (Betty Jean Grant, Chairperson) No. 130 Lease - Portion of 104 Maryland - Erie Regional Housing Development Corporation (Item No. 7, C. C.P., Mar. 6, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the Coordinator of Strategic Planning be, and he hereby is authorized to enter into a lease between the City and Douglas Ruffin, Executive Director of Erie Regional Housing Development Corporation, for use of city-owned property located at 104 Maryland (formerly the Father Belle Center), for a six (6) month period to commence on December 1, 2600 and expire May 31, 2001. Erie Regional Housing Development Corporation has agreed to assume and pay natural gas bills, electric bills, oil bills (if any), water bills, sewer rental and solid waste user fee or garbage collection and disposal charges against the leased premises. The tenant will also be required to provide insurance holding the City harmless of any liability caused in its use of the premises in an amount to be determined by the Corporation Counsel. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Passed. AYES - 12 - NOES - 0 No. 131 Police Dept.-Fed. Asset Forfeiture Acct.-Ann. Cet. Rpt. (Compt.) (CCP#22-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 132 M. Cook-Concerns-Grass Cutting-401 Fulton (CCP#68-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 55 01-0320.txt No. 133 Increase-Utl. Pyrnt.-C.R.U.C.I.A.L. (CCP#200-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 134 Utility Pymts.-C.R.U.C.I.A.L. (PW) (CCP#36-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 135 Util Pymts - C.R.U.C.I.A.L. Ctr (Commpt) (CCP#22-March 6, 01) That the above item be and the same hereby is received and filed ADOPTED Legislation (Richard A. Fontana, Chairman) No. 136 Kenneth Pratt - Petition to Use 926 Main Street - Restaurant (Item No. 89, C. C.P., Mar. 6, 200 1) That after the public hearing before the Committee on Legislation on March 13, 2001, the petition of Kenneth Pratt, owner, for permission to use 926 Main Street for a restaurant be, and hereby is approved subject to the conditions set forth by and the approval of, the City Planning Board. Passed. AYES - 12 - NOES - 0 No. 137 M. Hanks - Petition to Use 352 Kenmore Avenue - Pole/Wall Signs (Item No. 90, C.C.P., Mar. 6, 2001) That after the public hearing before the Committee on Legislation on March 13, 2001, the petition of M. Hanks, agent, for permission to use 352 Kenmore Avenue for an illuminated pole/wall signs be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 138 G. Domino - Petition to Use 3172 Main Street - Take-Out/Sit-In Restaurant (Item No. 9 1, C, C.P., Mar. 6, 200 1) That after the public hearing before the Committee on Legislation on March 13, 2001, the petition of G. Domino, agent, for permission to use 3172 Main Street for a take-out/sit-in restaurant be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 139 Vincent Hanley, Petition to use 24 Agassiz - Pole Sign/Var. Ground Signs (Item No. 92, C. C.P., Mar. 6, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio Moved: That after the public hearing before the Committee on Legislation on March 13, 2001, the petition of Vincent Hanley, agent, for permission to use 24 Agassiz (Medaille College) for pole sign/various ground signs be, and hereby is approved subject to the conditions that Page 56 01-0320.txt landscaping be provided at the base of the signs near the entrance and at the free standing directional sign and the approval of Zoning Board of Appeals is necessary. Passed. AYES - 12 - NOES - 0 No. 140 Ramesh Chainani - Petition to Use 1116-20 Elmwood Avenue - Take-Out Restaurant (Item No. 93, C. C.P., Mar. 6, 200 1) That after the public hearing before the Committee on Legislation on March 13, 2001, the petition of Ramesh Chainani, owner, for permission to use 1116-20 Elmwood Avenue for a take-out restaurant be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 141 R. Lucchino, Agt. Use 235 Delaware-Two Non-Access. Signs (Hrg. 2/13) (CCP#96-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 142 R. Lucchino-Use 235 Delaware Ave.-Two Non-Accessory Signs (Plan Bd.) (CCP#5-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 143 R. Harper, Petition to use 222 Goodell - Billboard Sign (Item No. 97, C. C.P., Feb. 6, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio Moved: That after the public hearing before the Committee on Legislation on February 13, 2001, the petition of R. Harper, agent, for permission to use 222 Goodell for a billboard sign be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 144 Rev. Nominee-Reappt.-Cit. Funding Rev. Comm. (Law) (CCP#54-Mar. 6, 01) That the above item be and the same hereby ADOPTED No. 145 New Erie County Courthouse Plaza Easement (Item No. 3 6, C. C.P., Jan. 9, 200 1) (Item No. 15 8, C. C.P., Feb. 6, 200 1) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No 146 Memorandum of Agreement - New Erie County Courts Master Plan (Item No. 93, C. C. P., Feb. 6, 200 1) Mr. Fontana moved that the above item be recommitted to the Page 57 01-0320.txt Committee on Legislation. ADOPTED. No. 147 Suspension of Ordinance - 147 Summit Street (Item No. 166, C. C. P., Feb. 20, 200 1) That the Common Council does hereby approve the suspension of Ordinance, Section 103-31 "Height and Occupancy on Frame Dwellings", provided the following conditions are met: 1.There must be two (2) hour fire separation between the existing house and the new addition; 2. The new addition must be of type 5a construction; 3. There must be residential sprinklers in the new addition with coverage extending into existing stair; 4. There Must be hard-wired fire and smoke detection system throughout both the existing house and the new addition; 5. The exterior wall of the new addition must have3/4hour fire rating with non-combustible siding where the distance to the interior lot line is less than 5' (five feet); 6. There must be an automatic smoke vent at the top of the new dedicated exit stair in the new addition; and 7. The property must comply with all other state and local codes in all other respects. Passed AYES - 12 - NOES - 0 No. 148 Suspension of Ordinance-147 Summit Avenue (Permits/Insp.) (CCP#57-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 149 Handicapped Ramp - 61 Lakeview Avenue - Encroach (Item No. 3 1, C. C.P., Feb. 6, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Jose A. Roman, owner of the property located at 61 Lakeview Avenue, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permits and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. Passed, AYES - 12 - NOES - 0 No. 150 J Roman-61 Lakeview-Handicap Ramp Encroachment (Plan Bd) (CCP#7-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 151 M. Leistner-Concerns- 142 Tennessee St. (CCP#92-Oct. 3 1, 00) Page 58 01-0320.txt That the above item be and the same hereby is received and filed. ADOPTED No. 152 M. Leistner-Concerns-142 Tennessee St. (Permits) (CCP#21-Nov. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 153 Advertising Banners on Commercial Bldgs. (CCP#178-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 Used Car Dealer License - 1235 Fillmore Avenue (Item No. 5 0, C. C.P., Dec. 26, 2000) (Item No. 13 4, C. C. P., Feb. 20, 200 1) 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 William Nelson, d/b/a Nelson Car Service, located at 1235 Fillmore Avenue with the following conditions: I . Lot is limited to ten (10) cars total, at one time. 2 .No cars should be visible outside of the building that is used solely for parts, nor should parts or supplies be sold outside of the building. 3. All cars should be in drivable condition. Passed. AYES - 12 - NOES - 0 No. 155 Restaurant Dancing Class IV - 3057 Main Street (Item No. 46, C.C.P., Feb. 6, 2001) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to John Lynch, d/b/a Cloud 9, located at 3057 Main Street. Passed. AYES - 13 - NOES - 0 No. 156 Restaurant Dancing Class IV - 141 Elm Street (Item No. 45, C. C.P., Feb. 20, 200 1) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Zephel Owens, d/b/a Sensationz, located at 141 Elm Street. Passed. AYES - 12 - NOES - 0 No. 157 B. Williams-D. Christopher-A.F.S.C.M.E. Loc. #264-E. Side Transfer Stat. (CCP# I I I -Jan. 23, 0 1) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 158 D. Swarts-Info.-Deeds-Change of House Numbers-Alturia St. (CCP#84-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 59 01-0320.txt No. 159 S. Brown & O-Req. Sound Barrier on Young St. (CCP#99-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 160 J. Casellini, CSX, Sound Barrier/Fencing Along Young St. (CCP#86-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 161 Recycling Materials from Demolitions (CCP# I 86-Oct. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 162 Recycling Materials from Demo. (PW) (CCP#56-Oct. 3 1, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 163 Recycling Materials from Demo. (PW) (CCP#42-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 164 Concordia Cemetery, Inc. (CP) (CCP#30-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED Community Development (Beverly A. Gray, Chairperson) No. 165 One Hundred Foot Setback/Waterfront Prop (CD)(#34, 2/22) (CCP#136-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 166 Transfer of Title, Urban Homestead - 44 Box Avenue (Item No. 15, C.C.P., Dec. 12, 2000) (Item No. 143, C.C.P., Mar. 6, 200 1) That the city-owned property commonly known as 44 Box Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Estelle Warr, residing at 42 Box Avenue, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES - 0 No. 167 Transfer of Title, Urban Homestead - 317 Bissell Street (Item No. 12, C. C.P., Mar. 6, 200 1) That the city-owned property commonly known as 317 Bissell Street, is hereby designated as Homestead Property, and that the Page 60 01-0320.txt Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Cleaotha King, Sr. and Mrs. Bettie King, residing at 3 21 Bissell Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES - 0 No. 168 Transfer of Title, Urban Homestead - 2~4 Lemon Street (Item No. 14, C.C.P., Mar. 6, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the city-owned property commonly known as 254 Lemon 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. Schuyler Banks, residing at 240 Lemon Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES - 0 No. 169 Transfer of Title, Urban Homestead - 1399 Michigan Avenue (Item No. 23, C.C.P., Sep. 19, 2000) (Item No. 145, C. C.P., Mar. 6, 200 1) That the city-owned property commonly known as 1399 Michigan Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Myrtle Griggs, residing at 96 East Utica Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES - 0 No. 170 R. Bryant, HELP Buffalo Inc. Req Asst Rehab 372-78 Broadway (CCP#79-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 171 M. Ferdman-BERC Recogn Neigh Bus Dist Create Jobs (BERC) (CCP#59-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 172 B. Grant, M. Ferdman-Comments Busc Excp Elmwood Ave. (CCP#76-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 173 Transfer Various Lots from HUD to the City of Buffalo (Item No. 11, C. C. P., Mar. 6, 200 1) That the Mayor or his designee accept title to the above-mentioned properties from the U.S. Department of Housing and Urban Development (HUD) and any other properties deemed desirable by the City of Buffalo to be marketed as homestead opportunities; and Page 61 01-0320.txt That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title from HUD to the City and that the Mayor be authorized to execute the same; and That the results of any homestead transaction by the City will be forwarded to the Common Council for final approval. Passed AYES - 12 - NOES - 0 No. 174 M. Lehman-SEQR-Neg Decl Rehab 95 Franklin (CCP#85-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 175 P. Bogucki-Seneca/Babcock-Concerns-Comm. Ctr Preschool (CCP#78-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. 176 General Fund Gap Sheet (A&F) (CCP#60-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 177 First Quarter Gap Sheet (Compt) (CCP#25-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 178 Ord. Amend.-Ch. 96-19 Bond & Contract (#174, 2/20) (Hrg. 2/27) (CCP#120-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 179 Ordinance Amendment - Chapter 96 - Bonds and Contracts (Item No. 18 8, C. C. P., Mar. 6, 200 1) That above item be referred to the Committee on Legislation in order to hold a public hearing on the above-referenced Ordinance Amendment. ADOPTED No. 180 Ord. Amendments-Chapter 96-19 Bonds/Contracts (HR) (CCP#54-March 6, 01) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE (Charley H. Fisher, III, Chairman) NO. 181 B. Brown-Inc. Min. Part./Addressed Local Union Concerns (CCP#96-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 62 01-0320.txt No. 182 Minority Business Utilization Report-Contract Compl. (Com. Svs-) (CCP#50-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 183 Minority Business Utilization Report (BMHA) (CCP#57-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED TAXICABS/LIVERY AD HOC COMMITTEE (Beverly A. Gray, Chairperson) No. 184 V. Rosati, Req. Incr.-Meter Rates-Surcharge for Gasoline/Taxi (#92, 3/12) (CCP#136-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 185 W. Uhnke-Req. Modification-Taxi/Livery Code (CCP#87-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS By: Mr. Bonifacio, Jr. No. 186 Re: Waive Permit Fees for Concerned Ecumenical Ministry Whereas: The Seniors of the Concerned Ecumenical Ministry (C.E.M.) will hold their annual Flag Day celebration on June 14, 200 1; and Whereas: This celebration includes the "Shortest Parade in Buffalo" on Lafayette Avenue; and Whereas: In addition to the parade, the seniors will participate in other outdoor activities as part of the Flay Day Celebration; and Whereas: This celebration will require that Lafayette Avenue from Parkdale to Greenwood be closed from 9:30am to 10:30 on June 14, 2001; and Now, Therefore, Be It Resolved: That this Common Council authorize the City of Buffalo to waive the Department of Traffic Permit fee and the Permit fee to close off the one block of Lafayette Avenue for the Concerned Ecumenical Ministry's Flag Day Celebration; and Be It Further Resolved: That the Common Council authorize the City of Buffalo to waive any additional fees relating to the Concerned Ecumenical Ministry's annual Flay Day celebration on June 14, 2001. PASSED AYES - 12 - NOES - 0 No. 187 COUNCIL MEMBER Dominic J. Bonifacio Jr. 1901 - 2001 COMMUNITY TRANSFORMATION PROJECT WHEREAS: The Allentown Association in conjunction with the State University of New York at Buffalo. WHEREAS: The State University of New York at Buffalo, Department of Architecture, and Senior Design Studio. The senior class student project to help beautify the historic Allentown area. WHEREAS: Projects such as a garden structures, sidewalk repair of Page 63 01-0320.txt manholes, Day's Park casting, building slot conditions, bike rakes, windmill, and parking meter beautification, THEREFORE LET BE RESOLVED: We request that permit and inspections fees be waived. PASSED AYES - 12 - NOES - 0 NO. 188 By: Mr. Bonifacio, Jr. Re: West Side Community Services Request to Waive Fees Associated with Bandshell Usage Whereas: West Side Community Services will be hosting their 26th Annual Hispanic Health Fair which will take place on Vermont Street at the corner of Fargo Avenue and West Avenue- and Whereas: The Hispanic Health Fair will be held on Saturday, June 30, 2001 from 11: 00 a. m. to 5: 00 p. m.; and Whereas: The West Side Community Services has requested use of the City of Buffalo Bandshell through the Department of Public Works, Parks and Streets for usage on June 3 0, 200 1; and Whereas: The bandshell will serve as the main stage area for the Caribbean Sound youth band and announcers of the Health Fair; and Whereas: The West Side Community Services kindly requests that the fees associated with usage of the Bandshell be waived due to their Not for-Profit status; and Whereas: The West Side Community Services will serve as the location of the Hispanic Health Fair to provide health services, beneficial information, health screening and testing to the community-, Now, Therefore, Be It Resolved: That this Common Council approves the waiving of fees associated with the use of the City of Buffalo bandshell for the Hispanic Health Fair on June 30, 2001, pursuant to the condition set forth by the Department of Public Works, Parks and Streets. APPROVED PASSED AYES -12 NOES - 0 No. 189 By: Mr. Bonifacio, Jr. & Charley Fisher, Chairman RE: To officially recognize the Task Force on the Education of Latino Students as approved by the Buffalo Board of Education and the Superintendent of the Buffalo Public Schools. Whereas- Representatives from the Latino community have collaborated with the Buffalo Board of Education and the Superintendent of the Buffalo Public Schools to establish the Latino Task Force on the Education of Latino Students. The Task Force will address concerns related to the education of Latino Students in the Buffalo Public Schools; and Whereas: The Task Force is comprised of the following Committees: Elementary, High School, Colleges, Universities, and Policies and Procedures; and Whereas: The scope of work and initiatives are to: 1) Identify the services available to Latino students and determine the areas of need for more or better services. 2) Determine to the extent that the school system employs a personnel representative of Latino students' background at all levels of the organizational structure. 3) Identify to the extent that Latino students have access to special and exceptional services in relation to their special needs as well as their talents. 4) Examine the identification, assessment, and referral process of Latino students to special programs: honor, gifted and talented, special education, magnet, and vocational schools; etc. 5) Examine to the extent that Latino students are provided the opportunity to participate in programs that prepare students to enter and have access to institutions of higher education. 6) Page 64 01-0320.txt Examine the extent that the Latino community participates in parent-school shared decision making. 7) Determine to the extent that the contribution and interests of the Latino community are reflected in the schools' mission, curriculum, policies and practices. 8) Examine equal access and employment opportunity policies and practices in relation to the employment of Latinos at all levels of the school system. 9) Determine to the extent that personnel hired to provide services to Latino students have the expertise and qualifications to do so, and are utilized for that particular purpose at the building level. 10) Determine to the extent that classroom with Latino students are equipped with adequate and sufficient culturally and linguistically authentic materials and resources. 11) Examine to the extent that Latino professionals are recruited and appointed to positions of leadership and authority to effect changes that impact Latino students system wise. 12) Contribute to the development of a need assessment of the Latino student population home-school community. 13) Develop a report with a timeline and recommendations for implementation by the Buffalo Public Schools and Board of Education. 14) Develop guidelines for the establishment of an advisory council on the education of the Latino students; and Whereas: For the Bilingual Program to change two things must happen. First, the groups favoring a new way of doing business must come to know one another, unite around a specific agenda, develop leadership that will reach out to others who might become supporters, and form coalitions that can press for change even against strong opposition. Second, the framework of the policies and procedures that are undermining the current system must be overturned and replace by a new and far more appropriate set of requirements and administrative arrangements; and Whereas: The Task Force will work within the parameters established by and in collaboration with the Board of Education and Buffalo Public School system. However, it will maintain a certain degree of independence so that it has the freedom to make recommendations, which may not reflect the desired viewpoint of the Board of Education or employees of the Buffalo Public School system; and Whereas: The Latino population of Buffalo and Erie County continues to grow reflecting the state and national demographic growing trends predicated for this ethnic group in the 21" century. According to the U.S. Census Bureau, the Latino population will increase to nearly 34 million in the year 2001, reaching nearly 38 million in the year 2005. The New York State, the Latino population will increase more than 3 million by the year 2005. These demographic changes will have a tremendous impact on our public education system; and Whereas.-The poor academic performance of the Latino students in the Buffalo public schools has been a topic of much concern. Recent New York State Department of Education statistics shows that Latino students are less likely to complete high school than any other ethnic group in New York State. These low academic achievement levels were most evident in 1999 when Grover Cleveland H.S. was placed on the list of SURR (Schools Under Registration Review) by the New York Department of Education; and Whereas: These low academic achievement levels makes it very clear that the future of many Latino students in this city is a discouraging one unless serious systemic bilingual education reform takes place to change this situation. The Buffalo Public School system needs to reexamine reform and improve how it delivers educational services to the Latino student population; and Whereas: The Buffalo School Board in collaboration with the Superintendent and the City of Buffalo needs to provide leadership, financial, and technical support that will help these LSP (Limited Page 65 01-0320.txt Speaking Proficiency) students comply with the New York State Regents requirements; and Whereas: In mid July 2001, The Task Force will present a final report of it's findings including specific recommendations for any proposed systemic changes. Now, Therefore, Be It Resolved: That this Common Council formally recognizes the establishment of this task force as approved and sanctioned by the Board of Education and the Superintendent of schools. Be It Further Resolved: That this Common Council requests a copy of the Task Force's final report is provided to all the Councilmembers Be It Further Resolved: That this Common Council requests that a copy of the monthly meeting "minutes" be sent to the Committee of Education, Chairman, Hon. Charley Fisher. Now, Be It Finally Resolved: That the City Clerk shall send certified copies of this resolution to members of the Board of Education, the Superintendent of the Buffalo Public School and the Co-Chairs of the Latino Task Force on the Education of Latino Students, Dr. Lilliam Malave and Ralph R. Hernandez. ADOPTED No. 190 Mr. Coppola Grant permission to install floral baskets on Hartwell Road Whereas: The Hartwell Block Club has worked actively to revitalize their area and improve quality of life and Whereas: They have requested permission to install floral baskets on city owned light poles located on Hartwell Road between Delaware and Virgil Avenues; and Whereas: The Hartwell Block Club is interested in improving the area in which they live, and these floral baskets will add to the beauty of their block, as well as, the City of Buffalo; and Whereas.- The Hartwell Block Club will submit the proper notification of serial to the Department of Public Works, Parks, & Streets upon approval of this item. Now, Therefore, Be It Resolved- This Common Council supports the Hartwell Block Club in its endeavors, and subject to the conditions set forth by the Department of Public Works, Parks, & Streets, grants them permission to install floral baskets on city owned light poles located on Hartwell Road between Delaware and Virgil Avenues. PASSED AYES - 12 - NOES - 0 No. 191 Mr. Coppola Grant permission to install floral baskets on Lafayette Avenue Whereas- The Lafayette Block Club has worked actively to revitalize their area and improve quality of life, and Whereas: They have requested permission to install floral baskets on city owned light poles located on Lafayette Avenue between Delaware and Elmwood Avenues; and Whereas: The Lafayette Block Club -is interested in improving the area in which they live, and these floral baskets will add to the beauty of their block, as well as, the City of Buffalo; and Whereas: The Lafayette Block Club will submit the proper notification of serial to the Department of Public Works, Parks, & Streets upon approval of this item. Now, Therefore, Be It Resolved: This Common Council supports the Lafayette Block Club in its Page 66 01-0320.txt endeavors, and subject to the conditions set forth by the Department of Public Works, Parks, & Streets, grants them permission to install floral baskets on city owned light poles located on Lat4yette Avenue between Delaware and Elmwood Avenues. PASSED AYES - 12 - NOES - 0 No. 192 BY Mr. Coppola 2001 Greater Buffalo Italian Heritage and Food Festival Whereas: The North Buffalo Community Development Corp., Hertel - North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. have requested permission to, again, jointly conduct the Great Buffalo Italian Heritage and food festival from July 12 t - through 15, 2001, on Hertel Avenue, and Whereas.These Groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas, and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away. Whereas: The Italian Festival Committee has made drastic changes to the Festival in an effort to focus more on Italian Heritage. The changes are as follows: (A) The festival will run from Thursday, July 12, 2001, to Sunday, July 15, 2001. (4 days) (B) The hours of operation will be from 11: 00 am to 11: 00 pm. (C) The Festival Committee shall control the area bounded by Delaware Ave. from Linden Ave. to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., Colvin Ave. from Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. (D) Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. (E) Ali large amusement rides and all games of chance will be eliminated. (F) Where and when possible, all residents and businesses on Hertel Ave. between Delaware Ave. and Virgule Ave. will have access to their property. (G) The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. (H) Electrical power provided by a private source will eliminate large and noisy diesel generators with a whisper quiet electrical generators which eliminate all hazardous wires criss-crossing the street. (1) The Festival Committee will be eliminating most non-food vendors thereby re-focusing our attention on ethnic and cultural areas. Now, Therefore, Be it Resolved: T he 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 following conditions: (A) The festival shall be conducted on Hertel Avenue from July 12 through July 15, 200 1, between the hours of 11: 00 am and 11:00 pm with Tuesday, July 10 after 8:00 and Wednesday, July 11, 2001 to be used only as a set-up days, and Monday, July 16, 2001 to be used only as a breakdown day with traffic to recommence by 6-00 am of that day; Page 67 01-0320.txt (B) Hertel Avenue, -between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permittees With the cooperation of - and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; (C) That the city-owned residential area parking lot, located behind It 80 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee-, (D) That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and a banner across Hertel at Tennyson and at Crestwood, all within the conditions specified by the Department of Public Works; (E) Permittees shalI furnish to the City of Buffalo proper liabi ilty insurance as determined by the Special Events Committee and Corporation Counsel; (F) Permittees shall assure complete responsibility for removing barriers, pennants, decorations, barricades, stands, equipment and any trash or debris 'in the area arising out of the festival-, (G)Permittees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, Including Police, Fire, Street Sanitation, Transportation, and Public Works; (H)Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. REFERRED TO THE COMMITTEE ON FINANCE, SPECIAL EVENTS AND THE CORPORATION COUNSEL AND THE MAYORS OFFICE No. 193 By: Mr. Fisher Additional Equipment for Snow Removal Whereas: For many months, the Task Force on Snow Removal has been discussing ways to improve the City of Buffalo's method of sidewalk snow removal in an effort to make Buffalo a more "walkable" community; and Whereas: After meeting with the Mayor's Impact Team, The Public Works Department, the Division of Streets Sanitation, various other groups and private citizens, an agreement whereby the Mayor's Impact Team will be responsible for properly clearing snow from all City viaducts and under/over passes in a timely fashion; and Whereas: In order for this to be accomplished additional equipment and manpower is necessary; and Whereas: This additional equipment includes: three, 4x4 crew cabs with pick-up type bodies and heavy duty snow plowing packages; three snow blowers, each 10-15 horsepower; three Bobcat small utility vehicles to be used for snow clearing efforts in the winter and street cleaning efforts in the summer; and the addition of at least 3 permanent laborers and 4 seasonal laborers; and Whereas: The cost of the equipment is estimated to be: $20,000 for each of the 4x4 crew cabs; $1,500 for each snow blower; and $30,000 for each Bobcat small utility vehicle; and Whereas: To reduce their cost, some of this equipment may be available through Government programs at a reduced rate; and Page 68 01-0320.txt Whereas: The members of the Task Force on Snow Removal recognize the need for additional equipment and manpower; urge the City of Buffalo to provide funding for these needs to the Department of Public Works, Division of Streets Sanitation, and the Mayor's Impact Team; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo strongly consider these needs during the upcoming Budget Process and work to find the necessary funds. REFERRED TO THE COMMITTEE ON BUDGET No. 194 By: Mr. Fisher Revelations on NY State warnings regarding Hickory Woods in 1996 Whereas: A recent Buffalo News article titled "Letters refute Mayor's claims of no knowledge", reports on 1996 City correspondence regarding a leaking berm on Abby Street, in the Hickory Woods subdivision; and Whereas: According to the article, "State health and environmental officials warned the City administration in October of 1996 about contamination near the neighborhood and the potential health risks to children"; and Whereas: The City continued building homes at Hickory Woods until 1998; and Whereas: According to the Buffalo News, the berm has still not been remediated; and Whereas: The News article raises questions of irresponsibility and disingenuousness on the part of the City administration; and, Whereas: City officials have responded that they were relying on other studies that indicated the neighborhood was safe; and Whereas: Without prejudging the validity of the article's implications, it is important to resolve the questions it raises; Now, Therefore, Be It Resolved That: The Council President be requested to hold a public hearing regarding the 1996 correspondence, and in particular, the administration's response to state agency claims regarding health risks to children; and Be It Further Resolved That: This Council requests the Buffalo Urban Renewal Agency, the Corporation Counsel, the Buffalo Environmental Management Commission and the Commissioner of Strategic Planning (on behalf of the former Community Development Department and the Office for the Environment), to file all correspondence and reports from 1990 through 1998 pertaining to either the Hickory Woods development or the berm at Abby Street; and Be It Finally Resolved That: This Council requests the New York State Departments of Health and Environmental Conservation to file copies of all correspondence with the City of Buffalo regarding Hickory Woods, including any attachments, for the same time period. REFERRED TO THE COMMITTEE OF THE WHOLE, BUFFALO URBAN RENEWAL , ENVIRONMENTAL MANAGEMENT COMMITTEE AND STRTEGIC PLANNING & COPORATION COUNCEL NO. 195 By: Mr. Fontana Improve Mammography Access and Increase Medicare Reimbursements for Mammograms Whereas: Mammograms are an effective tool in the early detection of breast cancer, which can lead to saving lives; and Whereas: Presently, mammograms are often not affordable or easily accessible, and women are dying as a result; and Page 69 01-0320.txt Whereas: Medicare reimbursement for a mammogram lags far behind the actual cost, a factor that has driven many radiologists out of the mammography business; and Whereas: Due largely to staff shortages and reimbursement discrepancies, 247 clinics nationwide have closed their doors since September 1999, thus causing a two to three month delay in scheduling appointments; and Whereas: Private insurers and government insurance programs base their reimbursement rates on low Medicare rates, which creates a ripple effect leading to insufficient funds for clinics to provide this type of service; and Whereas: Sen. Charles E. Schumer will join with Sen. Tom Harkin, to hike the reimbursement rate per mammograrn screening from $69.23 to $90 in 2002. The average mammograrn currently costs $155; and Whereas: Increasing reimbursements will be an incentive for radiologists to reconsider providing this type of medical service; and Whereas: Additionally, this legislation will call for increasing Medicare Graduate Medical Education funding for additional radiology residency slots in an effort to get more students to pursue careers in mammography; and Whereas: With the aforementioned incentives targeted toward increasing mammography reimbursement rates and accessibility, thousands of Western New York Women's lives can be saved; Now, Therefore, Be It Resolved That: This Common Council commends New York Senator Charles E. Schumer and Iowa Senator Tom Harkin for their efforts to introduce legislation to improve access to mammograms; and Be It Further Resolved That: This Common Council requests the WNY Congressional delegation to support the improvement of mammography access through this legislation and urges Congress to pass this act swiftly; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Senators Charles E. Schumer and Tom Harkin, the members of the Western New York Congressional delegation, the Speaker of the House, the Senate Majority Leader and President Bush. ADOPTED NO. 196 By: Mr. Fontana A LOCAL LAW amending the Charter of the City of Buffalo in relation to increasing the due date for user fee payments from 30 days to 45 days BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 15 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 15-40. Residential User Fees. A. There shall be established residential user fees for collection of solid waste as to be provided in chapter 175, fees, of the code of the city of Buffalo. B. All residential users shall be billed for public solid waste collection and disposal services. The billing of residential user fees shall be subject to audit pursuant to the code of the city of Buffalo and the rules and regulations of the commissioner. C. All residential user fees are payable in advance and shall be due on the first day of the period for which service is provided; and if not received within [thirty (30)] forty-five (45) days of the due date, there shall be added to that bill a collection processing charge as provided in chapter 216, garbage, rubbish and refuse, of the code of the city of Buffalo, interest shall accrue daily at the rate of one and one-half Page 70 01-0320.txt percent (1.5%) per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation) attorneys' fees, will be in addition to the amount owing. D. The bill shall be rendered as an annual statement with provision for both payment in its entire of the annual amount stated or by payment of a quarterly statement. If the owner chooses to pay the quarterly installment, that quarterly payment must be made within forty-five (45) days of the due date. E. In the event a user fee bill is referred to an collection agency, the collection agency's charges shall be added to the fees with interest due and owing. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3.This local law shall take effect immediately. APPROVED AS TO FORM LAID ON THE TABLE NO. 197 BY: MR. GOLOMBEK FOREVER ELMWOOD 2001FARMERS MARKET 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 Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue,and Whereas:The period the banner will be on display is from May 27h, 2001 through November 3rd, 200 1. 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 Elmwood Avenue from May 27th, 2001 through November Yd, 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. ADOPTED NO. 198 BY: MR. GOLOMBEK IMPROVE VULCAN STREET Whereas: In the summer of 2000 it was announced that General Motors would construct a five hundred million dollar ($500,000,000) expansion to its Town of Tonawanda facility which is bordered on its southern limit by Vulcan Street; and, Whereas:It has been estimated that the project will require twenty five thousand separate truck loads to complete the expansion, not to mention the normal truck traffic already required by the plant for its normal operations; and, Whereas:It is in the best interest for the residents of the City of Buffalo that discussions begin immediately to limit the negative impact on residents that a project of this magnitude is sure to produce; and, Whereas:In support of the expansion the Erie County Industrial Development Agency (ECIDA) has worked with the State of New York to provide almost ten million dollars ($10,000,000) in funding to upgrade access to the plant from its Kenmore Avenue and River Road entrances, both located in nonresidential areas. This work protected residential areas by obviating the need for trucks to travel down Vulcan Street to access the General Motors facility; and, Whereas:Unfortunately many trucks are still utilizing Vulcan Street as Page 71 01-0320.txt a travel route to the GM facility. This unnecessary traffic has not only disrupted the quality of life of the residents of Vulcan Street it has also presented an enormous safety hazard as these huge trucks speed down the quarter mile long Vulcan Street border of Riverside Park. This practice is endangering people in the park as well as those children trying to cross Vulcan Street from the residential area situated on Vulcan Street directly across from Riverside Park; and, Whereas:The Town of Tonawanda has recently passed a measure that will prohibit truck traffic on its side of Vulcan Street in the area directly adjacent to Riverside Park. Supporting this action by the Town of Tonawanda as well as any similar legislation by the City of Buffalo are New York State Assembly members Robin Schimminger and Sam Hoyt, New York State Senator Mary Lou Rath and Erie County Legislators Charles Swanick and Al DeBenedetti; and, Whereas: In its present state the condition of Vulcan Street is reprehensible. The section of Vulcan Street east of Tonawanda Street was built long before the original General Motors plant was constructed 50 years ago. Due to the insufficient infrastructure for the present type of traffic Vulcan Street and Riverside residents have suffered an eroding quality of life as the street has deteriorated into one of the worst stretches of road in New York State. Most of the street is absent of curbs and sidewalks forcing residents of Vulcan to walk in the street. There is inadequate if any storm drainage on the street resulting in severe flooding of the pedestrian areas subsequent to the slightest rainfall; and, Whereas: Vehicle traffic on Vulcan Street can be just as dangerous as pedestrian traffic. At the intersection of Vulcan and Newfield Streets vehicles coming off Newfield Street must conquer an almost 45 degree incline to turn onto Vulcan Street. In the winter this incline it covered with ice and snow adding to the time and effort necessary to traverse the slope, several accidents have been recorded at the intersection; and, Now, Therefore, Be It Resolved: That the Common Council recognizes that the City of Buffalo, the County of Erie, the State of New York and the General Motors Corporation are all partially responsible for both the undue suffering that truck traffic has caused Vulcan Street residents and the potential for future catastrophe related to truck traffic on Vulcan Street. To ameliorate this issue this Honorable Body requests that the Department of Public Works, Parks and Street Sanitation work with New York State, Erie County and General Motors to secure funding for a total reconstruction of Vulcan Avenue to be implemented in conjunction with the General Motors expansion. The reconstruction is to be done on the section of Vulcan Street east of Tonawanda Street, and shall include new curbs and sidewalks; and, Be It Further Resolved That: The Common Council moves to prohibit truck traffic from the section of Vulcan Street between Niagara and Tonawanda Streets and requests that the Department of Public Works, Parks and Street Sanitation make all the necessary changes to affect this change as soon as possible; and, Be It Finally Resolved That: That this Honorable Body requests that the City Clerk's office send a copy of this resolution to the Town of Tonawanda, the General Motors River Road plant, Wayne Scibor of the Erie County Department of Public Works, Brian Rowback- Regional Director, State of New York Department of Transportation. A copy should also be sent to the public officials named above Including the commissioner of Police. PASSED AYES -12 NOES - 0 NO. 199 BY: MR. GOLOMBEK Page 72 01-0320.txt DISPOSITION OF 2237 NIAGARA STREET Whereas: The City of Buffalo owns a parcel of property at 2237 Niagara Street-, and Whereas:The adjoining property owner Bella Vista Development, is proposing the development of a new Tim Horton's Doughnut Shop; and Whereas: The Developer needs to acquire the city owner parcel or acquire a permanent easement to complete the development plans; and Be It Resolved: That the Common Council authorize the Department of Real Estate to negotiate a sale or permanent easement needed for the Development; and Be It Finally Resolved: That the Division of Real Estate files with this Common Council the result of the negotiations for the final abandonment and sale of 2237 Niagara Street for approval. PASSED AYES -12 NOES - 0 NO. 200 BY: MR. GOLOMBEK WAIVE FEE FOR STREET OBSTRUCTION PERMIT FOR FOREVER ELMWOOD FARMERS MARKET Whereas: Forever Elmwood has recently filed a special events application with the City of Buffalo to sponsor a Farmer's Market along Bidwell Parkway; and, Whereas:The Farmer's Market does serve to draw business to the Elmwood Avenue area: and, Whereas: Plans call for the opening of the Farmer's Market to take place on Saturday, May 26th, 2001 and run every Saturday thereafter until Saturday, November 3 rd '2001. The market will be in business between the hours of 8: 00 am and 1: 00 pm; and, Whereas: The portion of Bidwell Parkway where this market will run is between Elmwood Avenue and West Delevan, on both the north and south sides of the street. The farmer's trucks will be parking curbside facing the park and therefore it will not be necessary to close any streets; and, Whereas: It will however be necessary to obtain a street obstruction permit to prohibit parking along the south side of the street beginning 10 feet from Elmwood Avenue continuing Southwest for approximately 100 feet. Now, Therefore, Be It Resolved: That the Common Council waive the Fee for this Street Obstruction Permit which would be issued for every Saturday from 800 am to 100 pm, beginning Saturday May 26th through Saturday, November 3"d 2001. Pursuant to the conditions set forth by the Commissioner of Public Works. PASSED AYES -12 NOES - 0 NO. 201 BY:MRS. BETTY JEAN GRANT CONVERT CITY OWNED LAND TO COMMUNITY TOT LOT Whereas:The City owned land located at the Northeast corner of Kensington Avenue at Northhampton Avenue is currently not being used; and Whereas:The University District does not have adequate playgrounds and recreational facilities to address the needs of the residents; and Whereas: Several block clubs have expressed an interest in maintaining a tot lot in the areas; Page 73 01-0320.txt and Whereas: The University District Council Office has put aside $50,000.00 of block grant funding to establish a neighborhood tot lot; Now, Therefore, Be It Resolved: That the City of Buffalo use the land located at Kensington Avenue at Northumberland Avenue to build a recreational and community tot lot with community development block grant funding. Be It Further Resolved That: The Block Club presidents of Kensington Avenue, Elmer Avenue, Parkridge Avenue, Northumberland Avenue and other blocks clubs will maintain the community tot lot. Be It Further Resolved That: The Department of Real Estate, Strategic Planning and the Department of Public Works initiate the process to start this project as soon as possible. Be it Finally Resolved That: The above agencies respond to this request no later than Tuesday, April 3, 2001 at 2 p.m. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIVISION OF REAL ESTATE,THE COMMISSIONER OFPUBLIC WORKS PARKS AND STREETS AND THE DIVISION PF STRATEGIC PLANNING NO. 202 BY: MRS. GRANT INCREASED APPROPRIATION FUND BALANCE LAW DEPARTMENT 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 - Law Department - Legal Services and Judgement & Claims prior Years, be and the same are hereby increased in the sums of $300,000 and $700,000 respectively. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $1,000,000 from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $1,000,000 To: General Fund 10546006 - Law Department 432003 - Legal Services$300,000 480205 - Judgement & Claims Prior Years$700,000 PASSED AYES -12 NOES - 0 NO. 203 BY: MRS. GRANT INCREASED APPROPRIATION RESERVE FOR CAPITAL BUDGET BMHA/HUD SUBSTANCE ABUSE PROGRAM 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 - BMHAJHUD Substance Abuse Program - Capital Outlay, be and the same hereby is increased in the sum of $4,704. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $4,704 from the Reserve for Capital Budget 10700096-397200 to meet this increased appropriation as set forth Page 74 01-0320.txt below: 10700096 - 397200 - General Fund - Reserve for Capital Budget $4,704 TO: 1000 General Fund 14406007 - BMHA/HUD Substance Abuse Program - Capital Outlay 474100 - Equipment - Four (4) Computers$4,704 PASSED AYES -12 NOES - 0 NO. 204 BY: MRS. GRANT INCREASED APPROPRIATION RESERVE FOR CAPITAL BUDGET PARKING ENFORCEMENT 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 - Parking Enforcement - Capital Outlay, be and the same hereby is increased in the sum of $17,280. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $17,280 from the Reserve for Capital Budget 10700096-397200 to meet this increased appropriation as set forth below: 10700096 - 397200 - General Fund - Reserve for Capital Budget $17,280 TO: 1000 General Fund 11413007 - Parking Meter & Enforcement Capital Outlay 471000- Land$17,280 PASSED AYES -12 NOES - 0 NO. 205 BY MRS GRANT TRANSFER OF FUNDS CAPITAL IMPROVEMENT CONTINGENCY DIVISION OF BUILDINGS 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 $285,000 be and the same is hereby transferred from the Capital Improvement Contingency account and said sum is hereby reappropriated as set forth below: From: 17220007 - 470001 Capital Reserve Contingency$285,000 To: 17523008 - 489130 Transfer out to Capital Project$285,000 From: 17523008 - 489130 Transfer out to Capital Project$285,000 To: 3 0012406 - 445 100 Division of Buildings - Reconstruction of City Owned Swimming & Diving Pools$285,000 PASSED AYES -12 NOES - 0 NO. 206 BY: MS. GRAY GREENWAY PLAZA AT THE INNER HARBOR Whereas: This Common Council has consistently supported plans to locate a Greenway Plaza at the Inner Harbor as a way to celebrate the coming together of the Riverwalk, the proposed Buffalo River Greenway, the Industrial Heritage Trail and the proposed Outer Harbor Page 75 01-0320.txt Greenway; and Whereas: As envisioned, the Greenway Plaza will be the "Commons" or the "Village Green" of the Inner Harbor and will include several features that support and raise interest in the Greenway; and Whereas: Proposed amenities for Greenway users at the plaza include a visitor center, lockers, rest rooms, water fountains, bicycle racks, concessions stands, attractive landscaping, and a large, visible map of the Greenway designed to be updated as the System grows throughout the entire Buffalo waterfront; and Whereas: The Inner Harbor is an ideal location of the Greenway Plaza because it will be a well used public space situated at the very hub of several spokes of the Greenway System; and Whereas: In addition, the proposal to locate an Intermodal Transportation Center at the Aud reinforces the utility of locating the Greenway Plaza in this emerging public waterfront neighborhood, where the bikers, hikers, skaters and skiiers who use the Greenway Trails will mix easily with the trains, cars, buses, boats and water taxis to form a truly intermodal hub; and Whereas: While the Inner Harbor planners had integrated the Greenway Plaza into earlier versions of the Inner Harbor plan, that plan is undergoing significant positive changes in order to better integrate the history of the Inner Harbor; and Whereas: It is important that the Greenway Plaza is a prominent part of the Inner Harbor plan that is ultimately adopted and carried out; Now, Therefore, Be It Resolved That: This Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to incorporate the Greenway Plaza into the design of the Inner Harbor and to file with this Council any plans or drawings they have developed to date regarding the Greenway Plaza; and Be It Further Resolved That: This Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to file information on funding for the Greenway Plaza as an element of the Inner Harbor Plan; and Be It Finally Resolved That: This Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to file information on the current status of plans to fund and build segments of the Industrial Heritage Trail as part of the Inner Harbor project. REFERRED TO THE COMMITEE ON COMMUNITY DEVELOPMENT, THE BUFFALO ECONOMIC RENAISSANCE CORP, AND THE EMPIRE STATE DEVELOPMENT CORP NO. 207 BY: MS. GRAY MAINTENANCE OF THE RIVERWALK Whereas:The Riverwalk is an important regional asset that connects the people of Western New York with the magnificent Niagara River; and Whereas:The Riverwalk, as a trail that is currently built and operating, is the foundation of the Greenway System, which will be an important resource that connects people with the entire City waterfront; and Whereas:It is important that maintenance of the Riverwalk be done well, for if public waterfront amenities are built with fanfare and then left to crumble, it would be better not to have spent the tax dollars to build them in the first place; and Whereas:Through the years, the Riverwalk has not been well maintained broken glass; deteriorating infrastructure, overgrown vegetation and a dearth of needed improvements have plagued the Riverwalk since shortly after it was built; and Whereas:Recently, the County of Erie has taken over some Riverfront properties in the City of Buffalo, raising hopes that the Riverwalk will Page 76 01-0320.txt be better maintained; and Whereas:It is important that improvements to the Riverwalk be well planned and executed with strong public input; and Whereas:The NYS Parks & Conservation Association sponsors an annual "Cycle the Erie Canal" tour to spotlight the Canal, the trails along the Canal, and the Canal Corridor's potential as a tourism and recreation destination; and Whereas:This year's tour, which will start in Buffalo on July 81h, will not be using the Riverwalk; and Whereas:Organizers of the tour have cited broken glass, poor infrastructure, interruptions in the continuity of the Riverwalk, poor sight lines, and perceived and real danger as the reasons for bypassing the Riverwalk; and Whereas: Efforts need to be made to rectify these problems; Now, Therefore, Be It Resolved That: This Common Council requests County Executive Joel A. Giambra to file a report on the County's plans for maintaining and improving the Riverwalk, addressing the following issues: Routine maintenance, including sweeping, landscaping and patroling Infrastructure maintenance, including paving and other repairs Correcting design defects including steps in the middle of the trail, impediments at the Army Corps facility, short sight lines and other safety defects Filling the void in the Riverwalk between West Ferry and the Peace Bridge Making the continuity of the Riverwalk more evident between LaSalle Park and the Inner Harbor Constructing the Greenway Plaza in the Inner Harbor to serve as the hub of the Greenway System and the Southern terminus of the Riverwalk Involving the public in plans for improving and maintaining the Riverwalk; and Be It Further Resolved That: This Council requests the County Executive to file this report before the filing deadline of 2:00 PM, Thursday March 291h. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COUNTY EXECUTIVE AND THE ERIE COUNTY LEGISLATURE NO. 208 BY: MRS. LOTEMPIO WAIVE RENTAL FEES FOR DUNN TIRE PARK Whereas:The Director of the Stadium, Mr. Michael Masiello, requested permission to extend the pilot program at Dunn Tire Park for an additional year which would allow him to waive rental fees while still covering incremental costs such as maintenance, security and utilities; and Whereas:These fees have been waived on several occasions on a case by case Basis for the benefit of the community; and Whereas: Increased usage would increase revenues by allowing the City of Buffalo to realize 20% of concession revenue from non Bison events and 15% for Bison events; and Now Therefore Be It Resolved: That the Director of Stadium be authorized to market the Stadium more effectively by limiting the rental fees for the period from April 1, 2001 to March 31, 2002 provided incremental costs are covered; and Be It Finally Resolved: That at the end of this authorized period, the Director of Stadium, Mr. Masiello, shall file with this Honorable Body a report describing the success of this pilot program for the approved time period. And Be it finally resolved" That the waiver of rental fees shall apply only to the non-Prison events listed on the attached letter.on file in City Clerks Office PASSED AYES -12 NOES - 0 Page 77 01-0320.txt NO. 209 BY: MRS. LOTEMPIO & MR. FISHER SALES TAX Whereas: In 1986, Erie County and the City of Buffalo reached an agreement to assist the County with its budgetary shortfall. Agreeing, that in order to meet the County's budgetary crisis the County would seek authorization from the State of New York to impose a temporary additional one percent(1%) sales tax, with the understanding that the revenues from that tax would be used to retire bonds and that the City would not receive a share of such one percent (I %) additional sales tax; and Whereas: After the bonds were retired the County and the City reached another agreement pursuant to which the County, in order to meet its additional budgetary shortfall, would seek authorization from the state of New York to impose a temporary additional one percent (I%) sales tax. Agreeing, that the City would not share in such one percent (I%) for one year. If the County were to receive any additional authorization in the future the City of Buffalo, would share in the additional 1%; and Whereas: The local governments of Erie County did not object at that time to the State legislation that was passed dedicating the 1% exclusively to Erie County, due to the fiscal emergency in existence in the County at that time; and Whereas: Since the County has made its final payment on the $75 million dollar debt for which the additional one percent 1% sales tax was originally authorized, it is patently unfair for Erie County to keep all revenues generated from the eighth percent. Particularly, in light of the economic hardships that the City of Buffalo and other Erie County cities, towns, villages and school districts are currently experiencing; and Whereas: After more than 15 years of undistributed additional tax revenue Erie County has far surpassed its goal of fiscal stability, and in fact recent years have produced substantial budget surpluses. In the year 2000 the County collected $114 million from the extra I% point on the sales tax; and Whereas: Through the ensuing years our Erie County cities, villages, towns, and school districts have been facing fiscal emergencies of their own, while it has become increasingly clear that Erie County views the entire proceeds from the 8 th percent of Erie County sales tax as a permanent fixture in the Erie County budget; and Whereas: Erie County's current distribution process is different from the state norm. Erie County is one of the few counties that include a large City within its borders that does not share a part of its additional 1%. Most of the counties that collect 4% sales tax and distribute their base 3% of the sales tax (such as, Albany, Columbia, Rensselaer and Ulster) simply use the same formula for the additional I%. Ideally, Erie County should just distribute the additional I% in the same way it distributes the 3 % County Sales Tax using the existing formula Erie County would only receive 35% of the additional 1% sales tax; and Whereas: The City of Buffalo is the second largest city in the State of New York and is the economic hub of our region. Its strength and fiscal stability are a value to all of Erie County and should not be impeded by having its rightful revenue withheld. The original need for or intent of previous legislation was to help save the County from a fiscal crisis. The crisis no longer exists; and Whereas: The County of Erie, has not agreed to share any of the revenue from the one percent (1%) additional sales tax with the City of Page 78 01-0320.txt Buffalo or any of the other cities, towns, villages or school districts in Erie County; and Whereas: Erie County is currently in an enviable position to provide the means for the cities, towns, villages, and boards of education to improve their own finances and not be faced with the threat of raising their respective taxes; Whereas: Erie County, did not improve its financial situation alone. It took the cities, towns, villages and schools districts within Erie County and the agreement they reached in 1985 for an additional 1% sales tax, to save the County from its fiscal crisis. The crisis is over. The County enjoys surpluses, thanks to an inherited $80 million from th,,- previous administration; $211 million windfall tobacco settlement in addition to $44 million increase in sales tax revenue; and Now Therefore, Be It Further Resolved: That based on the large budget surpluses that Erie County has recorded in recent years in addition to the additional boost provided to the County through the tobacco settlement etc., now is the time for the County to at the very least share its growth revenue received as a result of the additional 1% in sales tax with the cities, towns, villages and schools districts within Erie County; and Whereas: Newly released census figures show the City of Buffalo as having lost more than 35,000 residents over the past decade, these figures present a potential loss to the City of Buffalo in its block grant aid in additional to a projected $2.7 million in sales tax revenue. Sales tax revenue provides nearly 20 percent of the Cities budget. The County Comptrollers office has put Buffalo's estimated loss of its tax revenue at 4.7 percent; and Now Therefore, Be It Finally Resolved: This Common Council direct the City Clerk to forward certified copies of this resolution, by registered mail, to the Erie County Executive, the Erie County Legislature, School Districts, and all Cities, Town Boards in Erie County. ADOPT FINAL RESOLVE, REMAINDER TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 210 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER BARBARA MILLER-WILLIAMS FRONI COUNCIL SESSION Whereas: Councilmember Barbara Miller-Williams will be unable to attend the Council Meeting on Tuesday, March 20, 2001. Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Barbara Miller-Williams from attending the March 20, 2001 Common Council Meeting. ADOPTED NO. 211 BY: MR. THOMPSON ESTABLISH HARRIET TUBMAN HOLIDAY IN THE CITY OF BUFFALO ORDINANCE AMENDMENT CHAPTER 30 SECTION 3 Whereas: The City of Buffalo and Western New York have various sites that were used for the Underground Railroad, an initiative and movement during American Slavery to help free men and women from human bondage; and Whereas: Harriet Tubman a former slave born in Maryland, spent significant years of her life helping to liberate more than 300 African-American slaves through the sophisticated network led by abolitionists, religious, and African-American leaders. Slaves were Page 79 01-0320.txt often hid in churches, barns, and peoples' homes. Ms. Tubman led more than 15 trips to the South to help free slaves. Ms. Tubman would lead slaves from the South to Canada by way of Buffalo, New York. New York State was the gateway to freedom; and Whereas: Harriet Tubman was also a spy for the Union Amy during the Civil War and later worked as a government nurse. A leader in the early Women's Rights Movement, Harriet Tubman has made tremendous contributions to America. Harriet Tubman was awarded a silver medal by the Queen of England. She was buried with military honors. In addition, Harriet Tubman was honored with a commemorative postage stamp; and Whereas: Both on the state and national level, efforts are under-way to establish a holiday in honor of Harriet Tubman. Buffalo, New York is highly regarded as a place for the underground Railroad and Abolitionist Movement during American Slavery. It is in the context of preserving history and recognizing Harriet Tubman for her great accomplishments in helping people, the state and nation; and Whereas: It is fitting that we dedicate March 10 of each year as Harriet Tubman Day in the City of Buffalo; and Whereas: According to Chapter 30, Section 3 of the City of Buffalo ordinances, the current public holidays in the City of Buffalo are the following: New Year's Day, Dr. Martin Luther King, Jr. Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. The amendment would include March 10 as a City of Buffalo holiday-, Now, Therefore, Be It Resolved: That this Common Council dedicates March 10 heretofore as Harriet Tubman Day, a recognized holiday in the City of Buffalo; and Be It Further Resolved: That Chapter 30, Section 3, Part B of the City of Buffalo Ordinances be amended to read "The Current Public Holidays in the City of Buffalo are the following: New Year's Day, Dr. Martin Luther King, Jr. Day, President's Day, Harriet Tubman Day (March 10) (celebrate on the preceding Friday when the day falls on the Weekend), Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. Be It Further Resolved: That this Common Council of the City of Buffalo, memorialize New York State Legislature in support of New York State Assembly bill 4090 and Senate bill 2203;and Be It Finally Resolved: That the City Clerk send certified copies of this resolution to the Governor, the Majority Leader of the Senate, Speaker of the Assembly, and the Western New York State Delagation. k1 ADOPT FINAL 2 RESOLVES, THE REMAINDER TO LEGISLATION, THE CORPORATION COUNCIL,AND THE COMMISSIONER OF ADMINSTRATION AND FINANCE AND HUMAN RESOURCES NO. 212 BY: MR. THOMPSON INSTALLATION OF BLUE PHONE SYSTEMS IN OLMSTED PARKS Whereas: Park users have expressed concerns about safety and vandalism in the Olmsted Parks; and Whereas: Pay phones in the parks are non-existent or hard to locate! During the night hours; and Whereas: The Blue Phone system are lighted phones that are easy to locate and directly connected to 911 emergency lines; and Whereas: The installation of these phones will help in the deterrence of crime by providing immediate access to emergency operators; and Whereas: The Blue Phone system is currently used on many college campuses; Page 80 01-0320.txt Now, Therefore, Be It Resolved: That a feasibility study be done on the possibility of locating the Blue Phone System in the Olmsted Parks. REFERRED TO THE COMMITEE ON LEGISLATION AND THE COMMISSIOIER OF PUBLIC WORKS NO. 213 BY: BARBARA MILLER-WILLIAMS MORATORIUM ON BANNERS ON NIAGARA SQUARE Whereas: Niagara Square was designed by Joseph Ellicott in 1804 as a. public square that marks the intersection of several major City streets; and Whereas: Niagara Square is the site since 1908 of the William McKinley Memorial obelisk; and Whereas:Prior improvements to Niagara Square have created a more beautiful setting for the public to enjoy; and Whereas:Street light banners have been installed in recognition of Greater Buffalo as an "All-America City and Community"; and Whereas:For-profit and not-for-profit organizations have requested to install banners or temporary signs in or over Niagara Square, without any assurance that the banners will be aesthetically compatible with the Square's "new look"; and Whereas: The special events ordinance, Chapter 414 of the code of the City of Buffalo, requires that sponsors who request banners be responsible for the installation and removal of their banners: and Whereas: The City previously found its departments assisting the sponsoring organizations by installing these banners in or over Niagara Square and elsewhere in the City at the City's own expense; and Whereas: Current Legislation, Sections 387.5, 387.6, 387.15, 387.32,and 414. 1 (f) of the Code of the City of Buffalo gives this Honorable Body authority to approve the erection of banners across City streets according to the regulations set forth by the Department of Public Works and (for special events) the conditions set forth by the Special Events Advisory Committee; and Now, therefore, be it resolved: That, effective as of the date of adoption of the resolution, and until January 1, 2002, a moratorium be placed on the installation of banners in or extending over Niagara Square, pending the establishment of better criteria for the erection of such banners. REFERRED TO THE COMMITTEE ON LEGISLATION, THE SPECIAL EVENTS COMMITTEE ANSD THE CORPORATION COUNSEL NO. 214 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1135 - ALARM SYSTEM 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 21 Department of Fire, 113 5 - Alarm System which currently reads: 1Superintendent of Fire Alarm System $64,801 Is hereby amended to read: ISuperintendent of Communications Operations $64,801 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, CORNELIUS J. KEANE , FIRE COMMISSIONER and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and Page 81 01-0320.txt 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 PASSED AYES -12 NOES - 0 NO. 215 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for FREE SPIRIT MISSIONARY BAPTIST CHURCH By Councilmember JAMES PITTS Felicitation for M FAVOR, REV DARIUS C PRIDGEN J PETERS R & G Simpson By Councilmember JAMES PITTS Felicitation for SUNRISE CHRIST DISCIPLES CHURCH By Councilmember KAREN ELLINGTON, CHARLES MICHAUX AND JAMES PITTS ADOPTED. NO. 216 BY: BARBARA A WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That thee following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk.,, JIM BREM RICHARD W. CARR M'HAEL A. DARBY CHRISTI FREEMAN MAURICE L. GARNER ANDREW T GOLDSTEIN SUSAN A. MCCARTNEY JOSEPH POLVINALE JOSEPH E. ROWELL JAMES E. TURNER SR MARY JO CONRAD GARY F. NELSON ADOPTED. NO. 217 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF-DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following ,persons are hereby appointed-as Commissioner of Deeds for the term ending December 31, 2002, ;conditional -upon the person's so appointed certifying under oath to their qualifications and filing same with the City CLAVA M. DAVIS CRYSTAL L. QUICK DENISE DIMATTEO Page 82 01-0320.txt DIANE KACZMAREK EIATRICIA A. MARTINI LINDA L. SYPH DONALD R- WATYJNS MARILYN F. WEBSTER DONNA M. BERRY KATHLEEN F. MARION DIONA D. ELLINGTON ADOPTED NO. 218 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13"' Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 27, 2001 at 9:30 o'clock A.M. Committee on FinanceTuesday, March 27, 2001 following Civil Service Committee on LegislationTuesday, March 27, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, March 28, 2001 at 10:00 o'clock A.M. Committee on EducationWednesday, March 28, 2001 at 2:00 o'clock P,M. Special Committees Special Committee on Budget- Wednesday, March 21, 2001 at 11:00 o'clock A.M. in Room 1417 City Hall. Special Comm. Dev. Comm. Mtg. -Environmental Issues (#9-12/12/00)(# 170,10/3 1 /00)(#7,12/12/00)-Thursday, March 22, 2001 at 2:00 P.M. o'clock in Room 901 City Hall with S. Nasca, Strategic Planning. Minority Business Enterprise Committee-Monday, March 26, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Public Hrg.-Comm. on Education-Tuesday, March 27, 2001 at 5:00 o'clock P.M. in the Council Chambers-Draft RFQ-Program Manager-School Reconstruction/Construction. Special Legislation Comm.-"Liquor Lic.-State Liq. Authority"-Thursday, March 28, 2001 at 3:00 o'clock P.M. in Room 1417 City Hall.41+ Special Meeting of Stadium/Auditorium Task Force on Adelphia ProjectFriday, March 23, 2001 at 2:00 p.m. o'clock-Room 1417 City Hall and Friday, March 30, 2001 at 2:00 p.m. o'clock-Room 1417 City Hall. (Public Disclaimer): All meetings are sub - ject to change and cancellation by the respective Chairmen of Council Committees. In the event that there-is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware.. NO. 219 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:15pm CHARLES L. MICHAUX, III CITY CLERK Page 83