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Home My WebLink About01-0306-ss227 01-0306-ss227.txt No. 5 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO March 6, 2001 SPECIAL SESSION MARCH 2, 2001 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTONIE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Betty Jean Grant, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, Antoine Thompson and Karen Ellington-Members Page 1 01-0306-ss227.txt FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson- Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 6, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, , LoTempio, Martino, Pitts, Thompson and Williams - 12 ABSENT - Gray - 1 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on February 20, 2001 were approved. FROM THE MAYOR CITY OF BUFFALO OFFICE OF THE MAYOR NO. 1 APPT ACTING ASSESSOR This is to notify you that Anthony Krayna has been appointed Acting Assessor for the City of Buffalo by the Page 2 01-0306-ss227.txt undersigned, effective immediately and through the close of business on Tuesday, May 1, 2001. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 2 ROBERT B. ADAM RAMP Attached is the completed Part I of the State Environmental Quality Review (S'EQR) FULL ENVIRONMENT ASSESSMENT FORM for this project. In accordance with 6 NYCRR PART 617, the City of Buffalo Board of Parking; hereby requests Lead Agency Status for this project. Mrs. LoTempio moved: That the above communication from the Board of Parking, dated February 20, 2001, be received and filed-, and That pursuant to 6 NYCRR Part 617, the City of Buffalo Board of Parking is hereby designated Lead Agent for the Robert B. Adam Ramp project. PASSED AYES -12 NOES - 0 NO. 3 OWEN B. AUGSPURGER RAMP Attached is the completed Part I of the State Environmental Quality Review (SE.QR) FULL ENVIRONMENT ASSESSMENT FORM for this project. In accordance with 6 NYCRR PART 617, the City of Buffalo Board of Parking hereby requests Lead Agency Status for this project. Mrs. LoTempio moved: That the above communication from the Board of Parking, dated February 20, 2001, be received and filed; and That pursuant to 6 NYCRR Part 617, the City of Buffalo Board of Parking is hereby designated Lead Agent for the Owen B. Augspurger Ramp project. PASSED AYES -12 NOES - 0 FROM THE CITY PLANNING BOARD NO. 4 HAYDEN 471 E. FERRY ST. ACCESSORY POLE SIGN ITEM NO. 88, C.C.P. 2/20/2001 The City Planning Board at its regular meeting held Tuesday, February 27, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 7.251xl8l pole "ID" sign at 271 E. Ferry Street. The applicant is replacing two existing signs with this one pole sign. The Planning Board voted to recommend approval of a 7.251xl8l accessory sign conditioned on plantings and landscaping at the base of the sign. RECEIVED AND FILED NO. 5 R. LUCHINO 235 DELAWARE AVE. NON-ACCESSORY SIGNS ITEM NO. 96, C.C.P. 2/6/2001 Page 3 01-0306-ss227.txt The City Planning Board at its regular meeting held Tuesday, February 27, 2000, considered the matter captioned above pursuant to Section 511-63(H) of the Buffalo Code, Sign Overlay District, Restricted Use Permit. The applicant seeks to erect an illuminated 141x481 and an illuminated 101x141 freestanding signs at 235 Delaware Avenue. The proposed non-accessory signs and the size of the signs are not allowed in the Downtown Zoning Districts which is the reason for the restricted use permit application. The Planning Board asked the Law Department if the Common Council could restrict the content of advertising on the proposed signs. The Law Department responded that the City can not restrict content and further that the City would have a difficult time to deny any signs at this location by future owners if these signs were approved. The Planning Board voted to recommend denial of the proposed non-accessory signs REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 ACQUISITION OF 1847 NIAGARA STREET IN CONJUNCTION WITH NEW JUBILEE CENTER LOT SIZE: 28'X 99' TOTAL ASSESSED VALUE: $90,600 ITEM NO. 110, C.C.P. 1/9/01 Pursuant to Item No. 110, C.C.P. 1/9/01, Your Honorable Body authorized use of funds allocated in the 1999-2000 Capital Improvements Budget for the Jubilee Center (line 32) to acquire property located at 1847 Niagara Street. This office has been advised that the balance of these funds cannot be used to pay for the cost of acquisition. The balance of the funds from the Austin Street Project and the Jubilee Project will be closed out and a new bond resolution will be submitted to Your Honorable Body for the acquisition of property for a new community center. The property is located on the East Side of Niagara Street situated on a lot having a frontage of 28' and a depth of 99 feet more or less. It consists of a three-story, store front apartment building. The storefront is on the ground level with a rear apartment and an apartment on the 2 nd and 3 rd floors. The subject property contains approximately 5,852 sq. ft. plus or minus. The property is owned by Northwest Bank Minnesota, NA, Trustee, PSA Dated 083, c/o Delta Funding Corp., As Servicing Agent, 99 Sunnyside Blvd., Woodbury, NY 11797. The Division of Real Estate obtained two appraisals in reference to the subject property. The first appraisal was prepared by Frank A. Pirritano, Appraiser. He has estimated the fair market value to be Twelve Thousand Six Hundred Dollars ($12,6000.00). R. W. Bronstein, Corp., Thomas Tighe, prepared the second appraisal and he has determined the fair market value to be Six Thousand Dollars ($6,000.00). The appraisals were completed in accordance with the Eminent Domain Procedure Law. The results of our negotiations are that we have reached an agreement with Milton Kader, Broker on behalf of the Bank, for the City to acquire 1847 Niagara Street in the amount of Thirteen Thousand Dollars ($13,000.00). This agreement is contingent on a final approval of the purchase price by the Common Council and the Mayor. I am recommending that Your Honorable Body approve the purchase price of Thirteen Thousand Dollars ($13,000.00). I Page 4 01-0306-ss227.txt am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of the property and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the Office of Strategic Planning be and it hereby is authorized to accept $13,000.00 as the purchase for 1847 Niagara St: and That the Corporation Counsel be and hereby is authorized to prepare the necessary documents for the transfer and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 7 LEASE AGREEMENT - PORTION OF 104 MARYLAND ERIE REGIONAL HOUSING DEVELOPMENT CORPORATION The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Douglas Ruffin, Executive Director of Ede Regional Housing Development indicting their willingness to negotiate a lease for the use of a portion of 104 Maryland (formerly the Father Belle Center). Erie Regional is involved in the Hope VI project as the contractor for self-sufficiency objectives of the Lakeview residents. They began the early stages of development of the Even-Start Learn and Play Group. This program will eventually evolve into a self-supporting day care. They have maintained community recreational activities and provided services for the elderly. They are now bringing in resources to support the employment and training needs of the community. During the past few years, as Erie Regional stabilized and expanded the services at the center, the need for a more structured or long term agreement has become evident. Attached is a proposed lease agreement, which was prepared by our Law Department for your approval. This lease is for a six-month period, commencing on December 1, 2000 and expiring on May 31, 2001. Ede 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. Said bills shall be paid promptly, as the same shall become due to the extent of Community Development Block Grant Funds received by the tenant. The tenant will also be required to provide insurance holding the City of Buffalo harmless of and free from any liability caused in its use of the premises. The type and amount to be determined by the Corporation Counsel, City of Buffalo. I am recommending that Your Honorable Body approve the attached lease agreement between the City and Buffalo & Ede Regional Housing Development Corporation. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same REFERRED TO THE COMITTEE ON FINANCE AND THE CORPORATIONCOUNSEL NO. 8 LEASE 336 EMSLIE FOR TRAINING CENTER The Office of Strategic Planning, Division of Real Estate, Page 5 01-0306-ss227.txt has received a request from Mr. Jack Crumpton, 93 Hamlin Road, Buffalo, New York 14208 to lease the above property from the City of Buffalo. Mr. Crumpton intends to use the building for a skilled trades training center for disadvantaged youths. The property consists of a one story 6,500 square foot brick building, situated on a lot 601 x 1151. He has recruited a number of working and retired skilled trades workers to assist him in a project to train unskilled unemployed youths tile basics in various building trades such as masonry, electrical, carpentry, plumbing, reading building plans, etc. Funds for the project will come from private donations by unions, businesses and individuals. He will seek donated materials from contractors, wholesalers and retailers. In lieu of rent, Mr. Crumpton proposes to begin making repairs and improvements to the building owned by the City. All repairs and renovations will require prior written approval of the Commissioner of Public Works. Mr. Crumpton will provide general liability insurance, holding the City harmless against accident or injury at the premises by naming the City an as additional insured. The type and amount of insurance to be determined by the Corporation Counsel. I am recommending that Your Honorable Body approve the request by Mr. Jack Crumpton to lease 336 Emslie Street for a period of three (3) years, on the above mentioned terms. I am further recommending that the Corporation Counsel prepare the necessary lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCEAND THE CORPORATION COUNSEL NO. 9 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND MASSACHUSETTS COMMUNITY CENTER D/B/A WEST SIDE COMMUNITY SERVICES FOR USE OF FORMER SCHOOL #49 LOCATED AT 141 VERMONT STREET ITEM NO. 119, C.C.P. 12/14/99 Pursuant to Item No. 119, C.C.P. 12/14/99, Your Honorable Body authorized to amend a three (3) year lease agreement between the City of Buffalo and the Massachusetts Community Center d/bta West Side Community Services for use of former School #49 located at 141 Vermont Street. This lease was retroactive for the period of April 14, 1998 through April 13, 2001. The Office of Strategic Planning, Division of Real Estate, has received a request from Lucy A. Candelario, Executive Director of the West Side Community Services to renew this lease for an additional three (3) year period commencing on April 14, 2001 and expiring on April 13, 2004. All terms and conditions of the present lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional three (3) year period to commence on April 14, 2001 and expire April 13, 2004. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated February 20, 2001, be received and filed; and Page 6 01-0306-ss227.txt That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Massachusetts Community Center d/b/a West Side Community Services, for use of School #49 located at 141 Vermont Street for an additional three (3) year term commencing on April 14, 2001 and expiring April 13, 2004. That the Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 10 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND GERACE AND GEIGER FOR USE OF PORTION OF THE FOOT OF BIRD AVENUE ITEM NO. 32, C.C.P. 6/27/95 Pursuant to Item No. 32, C.C.P. 6/27/95 Your Honorable Body authorized a five-year lease agreement between the City of Buffalo and Gerace, and Geiger in reference to the above mentioned parcel of land. The lease commenced on October 1, 1995 and expired on September 30, 2000. The Division of Real Estate has received notice from the Mr. Peter G. Gerace, Jr. requesting to renew their lease for an additional five-year period. The annual rental fee is Five Hundred' Dollars ($500.00) all other terms and conditions shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional five-year (5) year period to commence on October 1, 2000 and expiring on September 30, 2005. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 11 TRANSFER VARIOUS LOTS FROM HUD TO THE CITY The City of Buffalo and the U.S. Department of Housing and Urban Development (HUD) have entered into a Memorandum of Understanding whereby HUD will transfer various vacant lots to the City of Buffalo in accordance with HUD's Good Neighbor Initiatives. Under the initiatives, HUD has agreed to pay " for the cost of demolition of HUD owned properties that were deemed demolition worthy and are: 1) for sale by HUD longer than six (6) months, or 2) for sale by First Preston or any agent acting on HUD's behalf, or 3) valued at less than Five Thousand Dollars ($5,000) or less or 4) determined upon inspection by the City of Buffalo Slum & Blight Inspectors, to be demolition worthy" The following properties have been demolished or are current vacant lots to be transferred by HUD to the City which will market its homestead opportunities to the surrounding property owners: Property Address Homesteader & Address 176 Coit St. To Be Determined 144 Jersey St.To Be Determined Page 7 01-0306-ss227.txt 271 Loepere St. To Be Determined 69 Oberlin St. To Be Determined 208 Titus St. To Be Determined 538 Wilson St. To Be Determined I am recommending that Your Honorable Body authorize the following: 1)Mayor or his designee to accept title to the above mentioned properties from HUD and any other properties deemed desireable by the City to be marketed as homestead opportunities. 2)Corporation Counsel be authorized to prepare all necessary documents for the transfer of title from HUD to the City of Buffalo. 3)The results of any homestead transaction by the City will be forwarded in the usual manner to the Common Council for final approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 317 BISSELL (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 105') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 317 Bissell Street, Buffalo, New York 14211, parcel is 30' x 105' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Cleaotha King, Sr. and Mrs. Bettie King residing at 321 Bissell Street indicated that they will clean improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. King on the condition that the property is cleared and improved within months and maintained in a sanitary manner REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 386 FULTON (CITY OWNED-VACANT LOT, DIMENSIONS 25' X 100') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 386 Fulton Street, Buffalo, New York 14210, parcel is 25' x 100' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Patricia Rodgers residing at 48 Red Jacket Street indicated that she will clean, improve an maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the Page 8 01-0306-ss227.txt homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Patricia Rodgers on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 254 LEMON (CITY OWNED-VACANT LOT) LOT SIZE: 32'X 100' TYPE IN UPPER AN I LOWER CASE ONLY The Office of Strategic Planning has surveyed the city-owned vacant lot at 254 Lemon Street, the pare being 32' x 100'; and it has been determined that this parcel cannot be sold, is inappropriate for either t construction of new housing or needed for public purposes. Mr. Schuyler Banks residing at 240 Lemon Street has requested to homestead 254 Lemon Street, vacant City-owned lot. Mr. Banks presently owns 246 and 252 Lemon and intends to combine 254 Lemon Street in order to build a residential home. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property an be transferred to Mr. Banks on the following conditions; 1) the specified structure be erected within twelve (12) months; 2) the structure be occupied by the homesteader for a period of not less than thirty-six months. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 168 TITUS (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 97') The Office of Strategic Planning has surveyed the city-owned vacant lot at 168 Titus Street, Buffalo New York 14211, parcel is 30' x 97' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Maria C. Mondrala residing at 170 Titus Street has indicated that she will clean, improve an maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Mondrala on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 9 01-0306-ss227.txt FROM THE COMPTROLLER NO. 16 CERTIFICATE OF DETERMINATION Certificate of Determination by the Comptroller determining the terms, form and details of sale and issuance of $28,686,000 General Improvement Serial Bonds-2001-A and $11,1100,000 School Serial Bonds-2001 -B of the City of Buffalo, New York, aggregating $39,786,000 and providing for the private sale thereof. The Bonds are hereby sold at private sale to Solomon Smith Barney, New York, New York, as Managing Underwriter on behalf of itself and other underwriters pursuant to the Contract of Purchase dated February 16, 2001, between said Managing Underwriter and the City. The Series A & B Bonds will be dated February 1, 2001 and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith, payable on August 1, 2001 February 1, 2002, and semiannually thereafter on the first days of August and February in each year until maturity. The series C Bonds are payable on or about June 1, 2001 and December 1, 2001 and semi-annually thereafter on June 1 and December 1 in each year until maturity. The Series A & B Bonds will be delivered and shall be paid for on or about February 22, 2001 in New York, New York and the Series C Bonds will be delivered and shall be paid for on or about May 1, 2001 in New York, New York. An Official Statement may be obtained by the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, in New York, at (212)635-5900, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716)8515255. RECEIVED AND FILED NO. 17 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 2000 for the ensuing fiscal year, by adding the following items: Capital Projects Public Works, Parks & Streets City share of new sports field at Emerson Park $250,00 Dated: Buffalo, NY, February 6, 2001 RECEIVED AND FILED NO. 18 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 2000 for the ensuing fiscal year, by adding the following items: Capital Projects Page 10 01-0306-ss227.txt Public Works, Parks & Streets Acquisition/Construction North District Community Center $1,650,000 Related Action: Rescind: 2000-2001 Infrastructure Austin Street Development $1,500,000 Closeout: 1999-2000 Rehabilitation Jubilee Community Center BALANCE Dated: Buffalo, NY, February 13, 2001 RECEIVED AND FILED NO. 19 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL 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 $2,534 be transferred and reappropriated within the Common Council, as set forth below: From: 10 109001-411001 Councilmember #8 Annual Salary $2,534 To: 10102001- 412002 Common Council, Legislative, Hourly Salary$2,534 Dated: Buffalo, NY, February 7, 2001 RECEIVED AND FILED NO. 20 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF ENGINEERING TOWING AND STORAGE OPERATIONS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $20,000 be transferred and reappropriated from Engineering Division, as set forth below: From: 13100006 - Engineering Division Administrative Services 480000 - Other $20,000 To: 11412006 - Towing and Storage Operations 480000 - Other (Storm related towing expense) $20,000 Dated: Buffalo, NY, February 13, 2001 RECEIVED AND FILED NO. 21 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 against the 1999-2000 City Capital Improvements Budget for Jefferson Ave Renovation & Mastin District Infrastructure Improvement Page 11 01-0306-ss227.txt 99-00. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromToAccountRepayment Date Total 1000 General 3000 Cap proj 36310206 BAN/Bond Sale 100,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If this current request is approved, the City will be committed to one hundred thousand dollars ($100,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $15,748,000. Bonds to be issued Fiscal Year 2001/2002$ 15,848,000 Approved Interfund Loans 0 $ 15,848,000 LESS: Current request*$ 100,000* Balance available for F/Y 2000/2001 $ 15,748,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated March 1, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $ 100,000 for Jefferson Avenue Renovation & Masten District Infrastructure Improvement 99-00. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 22 UTILITY PAYMENTS C.R.U. C.I.A. L.CENTER ITEM NO. 220, C.C.P. 2/6/01 This matter was referred to this office for comment. The Department of Audit and Control in concert with the Departments of Administration and Finance and Public Works launched a program to manage the procurement of gas and electric on a bulk basis. Public Works, and now the Division of Telecommunications and Utilities based on the new City Charter, engage the services of LepCorp who assists the City in establishing annual utility procurement contracts. The City, in a joint effort with the Buffalo Board of Education, the Buffalo Municipal Housing Authority and the Buffalo Sewer Authority, bills each entity for their respective monthly costs/usage; thus all participate in the savings resulting from bulk procurement. Additionally, organizations such as for example Shea's and the Buffalo Zoological Gardens, based on Contractual/Use Agreements, also participate and are billed for their respective monthly costs/usage. Based on the exiting Lease Agreement between the City and C.R.U.C.I.A.L. for the Urban Street site (Old School 62), gas and electric utility costs are a responsibility of C.R.U.C.I.A.L. Page 12 01-0306-ss227.txt During structure renovations and prior to C.R.U.C.I.A.L. moving into this site, these utility costs were borne by the City. Accordingly, upon confirmation of the moving date from the Department of Public Works, the City will bill C.R.U.C.I.A.L. for their utility costs from their date of occupancy through meter/account change; thereafter C.R.U.C.I.A.L. will be billed directly by the respective utility providers. We recommend that C.R.U.C.I.A.L.: 1.) Contact the City's Telecommunication & Utilities Division to determine the feasibility of joining the City's Bulk Utility Procurement Program to take advantage of the associated cost savings. 2.) Contact the Mayor's Office and the Common Council to determine the availability of funding assistance. If we can be of further assistance in this matter, please contact our Audit Division. REFERRED TO THE COMMITTEE ON FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 23 EDCD VARIOUS ISSUES UNITED HOME BUYERS GROUP Thank you for this opportunity to address concerns of the United Home Buyers Group of Western New York (consisting of the majority of housing agencies in the City of Buffalo). The following is our abridged list, per your request: 1. Agencies request to continue with the existing system of each agency having separate contracts with the City of Buffalo; 2.Collaborations are natural partnerships that arise due to shared goals, needs and circumstances. Collaborations should not be forced. We want to collaborate on our own terms; 3 We want more control of Revolving Loan Process (programs funds released to the agencies) 4.Increased capitalization of Loan Pool to reach more clients; 5.The freedom of agencies to target, if necessary; 6Review/reorganization of Dept. of Strategic Planning based on HUD's list of concerns at City Hall that would facilitate a successful program on all levels (i.e. the CBOs performance level could be successful, but if the City, monitoring entity, is not on the same page the program will not be successful): 7. We want to see if the list of concerns HUD had regarding the City's inability to be effective; 8.The Dept. of Strategic Planning should look to existing models for monitoring purposes at NYS Division of Community Renewal and/or HUD 2020 Software; 9. HUD 2020 software should be provided to agencies. 10. The Dept. of Strategic Planning should also use the state model for request for proposal (rfp) development, contracts and funding allocation; 11. Agencies need at least a 20% increase in individual contracts to retain and solicit qualified employees, account for cost of living increase, heating allowance and technological advancements 12. We want to be included in City retirement and medical benefits package, or have a package to offer which is comparable; 13. Funding for non-NHS agencies to capitalize own Page 13 01-0306-ss227.txt revolving loan fund; 14. Inspections Dept. relationship needs to be improved, they need to be collaborating with CBO's; 15. We want access to database for tax records and other resources at City Hall to better plan for neighborhoods; and 16. We want a consistent loan product for residents, one has not been available for 2 years. Again, thank you for this opportunity. If you need additional information, please contact me I can be reached at 856-3262. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMMISSIONER OF STRATEGIC PLANNING NO. 24 K. CARLSON-UTILITY STATEMENTS KLEINHANS MUSIC HALL enclosed please find copies of the most recent utility statements for Kleinhans Music Hall, as per your request. The following is a list of utility providers and the total amounts currently past due each provider: National Fuel $30,212.88 Niagara Mohawk$26,122.95 Crown Energy$14,313.33 Also, it was brought to my attention that the City was given federal aide following the blizzard November 21, 2000, to supplement public funds that went toward snow removal. As I am sure you know, the Buffalo Philharmonic held concerts at Kleinhans Music Hall the weekend of November 24-26, 2000. As a result, Kleinhans requested that its snowplowing contractor remove the snow in both the Porter and Normal Avenue parking lots, and the snow on the larger concrete surfaces surrounding the building. The cost of this snow removal totaled $7,407.50, a sum we had to pay immediately in order to receive the service. This payment, however, has set us behind considerably for the 2000/2001 season. Is there any of this federal aide money available that may be allocated to Kleinhans? Your attention to these matters is greatly appreciated. If you have any questions or concerns, please do not hesitate to contact me at the above number. RECEIVED AND FILED NO. 25 CONCERNS AFF ACTION GOALS ADELPHIA On February 16, 2001 the Buffalo News reported that a proposal agreement had been reached between the City of Buffalo and Adelphia Communications. The agreement involved the construction of a new facility with an estimated value of $125 million. The Mayor of Buffalo, in the article, is said to have announced an important breakthrough concerning the affirmative action goals, Adelphia agreed to a City demand for a goal of 15% minority and a 5% female work force for the construction of the facility. This implies that 80% of the job positions are reserved for white males. Mayor Masiello was quoted on February 23, 2001 as defending the provision spelled out in the agreement and said, "I'm very comfortable with the 20%. 1 feel it is a reasonable and achievable goal". The hailed breakthrough is a pitiful increase over Adelphia's original proposal of 10% and 2% EEO/AA goals. The Black Leadership Forum (BLF) and its affiliate members Page 14 01-0306-ss227.txt strongly protest these proposed regressive and outrageous EEO/AA goals. The BLF demands an equitable EEO/AA goal requirement of no less than 35% minority and female workforce participation. This is reasonable and achievable. Further, in absence of a City affirmative/equal opportunity policy, the BLF would advocate the awarding of a subcontract to monitor the realization of the 30% goal. If assistance is needed to develop an EEO/AA policy with regards to the Adelphia Construction project, several of our members, including John E. Smith, have had experience in this area. Finally, under no circumstance, should there be an approval of an Adelphia 20% construction goal with the City of Buffalo. REFERRED TO THE TASK FORCE ON STADIUM AND AUDITORIUM NO. 26 NIAGARA SIGNATURE BRIDGE GROUP ATTACHED CORRESPONDENCE AVAILABLE IN CITY CLERK'S OFFICE. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 27 NOTIFICATION SERIAL #9256 REPEAL STOP SIGNS IN NORTH PEARL STREET AT VIRGINIA STREET. STOP SIGNS -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Bodv of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING North Pearl StreetVirginia Street This action is being taken at the request of the North Pearl Street Block Club and is supported by the District Councilmember. RECEIVED AND FILED NOTIFICATION SERIAL 49257 INSTALL STOP SIGNS IN NORTH PEARL STREET AT ALLEN STREET. STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by Page 15 01-0306-ss227.txt adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING North Pearl StreetAllen Street This action is being taken at the request of the North Pearl Street Block Club and is supported by the District Councilmember. NOTIFICATION SERIAL #9258 INSTALL TRAFFIC CONTROL SIGNAL LEROY AVENUE AT GRIDER STREET TRAFFIC CONTROL SIGNAL - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below., to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Leroy Avenue at Grider Street This action was requested by residents of the area and by the parents, faculty and staff of Public School 46 1. This department analyzed the site using criteria from the Manual of Uniform Traffic Control Devices regarding the installation of traffic signals. Several of the warrants (vehicle and pedestrian volumes, school crossing) needed to justify, the installation of a traffic signal were met. Therefore, this department has no objection to installing a traffic signal at this location and has submitted this Notification Serial for Your Honorable Body's consideration. NOTIFICATION SERIAL #9259 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (SEE LIST BELOW) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO PARKING Attached Streets available in City Clerk's Office 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 #9260 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL Page 16 01-0306-ss227.txt In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAYBETWEENSTREET SIDE PROHIBITED PERIOD Crestwood Ave.Tacoma Ave. toWestNo Parking 6pm Monday to 6pm Thursday Taunton Pl. EastNo Parking 6pm Thursday to 6pm Monday Commonwealth Ave. Tacoma Ave. toWestNo Parking 6pm Monday to 6pm Thursday Taunton Pl. EastNo Parking 6pm Thursday to 6pm Monday Lovering Ave.Tacoma Ave. toWestNo Parking 6pm Monday to 6pm Thursday Taunton Pl. EastNo Parking 6pm Thursday to 6pm Monday Avery Ave.Virgil Ave. toNorthNo Parking 6pm Monday to 6pm Thursday Delaware Ave. SouthNo Parking 6pm Thursday to 6pm Monday Hartwell Rd.Virgil Ave. toNorthNo Parking 6pm Monday to 6pm Thursday Delaware Ave. SouthNo Parking 6pm Thursday to 6pm Monday Stratford Rd.Virgil Ave. toNorthNo Parking 6pm Monday to 6pm Thursday western Dead End SouthNo Parking 6pm Thursday to 6pm Monday Tacoma Ave.Homer Ave. toNorthNo Parking 6pm Monday to 6pm Thursday Colvin Ave. SouthNo Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm). RECEIVED AND FILED NO. 28 AFRICAN AMERICAN WORKERS OF THE STREETS DIVISION ITEM #202, C.C.P. 02/06/01 This department has been asked to provide information on the referenced resolution about African American workers in the Streets Division of the Department of Public Works. The fact that there are no African American supervisors, foreman, or dispatchers is due to the fact that all such competitive appointments, regardless if they are permanent, provisional, or temporary, must be made in accordance with the rules of the Civil Service Commission. Furthermore, if no Civil Service list is available, the appointment must be made in accordance with the Local 264 collective bargaining agreement. To the best of our knowledge, no African Americans are certified for appointment by the Civil Service Commission. Page 17 01-0306-ss227.txt We have no knowledge as to whether any African Americans took the Civil Service test, as that information is not available to the department. The Local 264 collective bargaining agreement requires that in the absence of a certified Civil Service list, provisional or temporary appointments must be given to the Union member who meets the minimum qualifications and has the most seniority of all who apply. At one point we appointed two minorities to a Foreman's position, but Local 264 grieved the appointments because the appointees were not in the direct line of promotion. We were, therefore, directed to rescind those appointments. The Local 264 bargaining agreement also requires that shift assignments be bid by seniority. If there is only one African American worker on the third shift, it is because either they chose not to bid that shift or other African American workers did not have enough seniority to bid the third shift. The resolution states that it has been reported that there are over 175 African American employees. Our records indicate that there are currently a total of 98 seasonal employees in the Streets Division, an of those we have 34 African Americans, 3 Hispanic and I other minority. That is a 34.7% minority participation rate. The resolution attempts to lay blame for lack of benefits available to seasonal workers at the feet of this department. This is not correct. The fact that seasonal workers are not eligible for promotion, health insurance, life insurance, or other benefits that come with union membership is because their membership in the union has never been negotiated. And, as far as the wages paid to seasonal workers is concerned, this department has no authority to determine such wages. All wages are set by the Common Council when the salary ordinances are approved. The resolution also reports that from 1980 to 1991 only eight African Americans received permanent appointments. We do not feel that any of the current management could comment on what transpired 10 to 20 years ago, as none of us were in a position to make such appointments through those years. Perhaps the Council should question those people responsible for those years. What we could report or however, is that currently there are 442 employees in the Streets Division; of those, we have 53 minorities. That is a percentage of 11.9%. Although this department would like to see the wages and benefits of seasonal employees increased, we are concerned about what effects such increases will have on our budget and ultimately on the User Fee. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 29 REPORT OF BIDS CLINTON STREET, FROM CLEMO STREET TO BABCOCK ST. GROUP #549 This is to advise Your Honorable Body that I have advertised and received public bids on February 2 1 2001 for the Reconstruction of Clinton Street Underpass, from Clemo Street to Babcock Street In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than Page 18 01-0306-ss227.txt the tot bid. The following bids were received: ContractorTotal Bid Price 1. Destro & Bros. Concrete Co., Inc$ 767,216.00 2. C. Destro Development$ 796,176.90* 3. Collana Construction, Inc.$ 847,824.90 4. Paul J. Gallo Contracting$ 868,156.25 5. E & R General Construction, Inc.$ 877,774.00 6. Dana A. Miller Enterprises, Inc.$1,096,189.57 *Corrected Total I hereby certify that the lowest possible bidder for the above project is Desert & Bros. Concrete Co., Inc and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Bros. Concrete Co., Inc. in the amount of $843,937.60 (base bid of $767,216.00 plus [10% unit price increase $76,721.60 = [total award] $843,937.60). Funds for this project will be available in a future bond account specifically for this project which was authorized for $980,000.00 in the 2000 - 2001 Capital Budget. 1~ also request permission to accept funds from the Buffalo Water Authority for their share of the project. The engineer's estimate for this work is $850,000.00. Under provisions of the General Municipal Law, any of the bidders may withdraw his bids if an award the contract is not made by April 9,th , 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Clinton Street Underpass, from Clemo to Babcock Streets, to Destro & Bros. Concrete Co., Inc. the lowest responsible bidder, in the amount of $843,937.60 (base bid of $767,216.00 plus [10% unit price increases] $76,721.60 [total award] $843,937.60). Funds for this project will be available in a future bond account specifically for this project which was authorized for $980,000.00 in the 2000-2001 Capital Budget. PASSED AYES -12 NOES - 0 NO. 30 REPORT OF BIDS RECONSTRUCTION OF POOLS VARIOUS LOCATIONS 2001 The following sealed bids for the Reconstruction of Pools, Various Locations 2001, we. opened and read on February 2, 2001: GENERAL CONSTRUCTION BASE BIDALT-1TOTAL BID Progressive Weatherproofing$129,920$5,000$134,920 33 Ransier Drive West Seneca, New York 14224 Patterson Stevens $140,305$6,455$146,760 P.O. Box 117 Tonawanda, New York 14151 C.H. Byron Co., Inc. $144,000$6,000$150,000 100 James Avenue Tonawanda, New York 14150 MECHANICAL CONSTRUCTION BASE BIDALT-2ALT 4-TOTAL BID Numarco $62,500$75,000$1,500 Page 19 01-0306-ss227.txt $139,000 1021 Maple Road Elma, New York 14059 I hereby certify that the foregoing is a true and correct statement of all bids received an that the following are the lowest responsible bidders in accordance with the plans an specifications: GENERAL CONSTRUCTION:Progressive Weatherproofing in the amount of $134,920.00. MECHANICAL CONSTRUCTION: Numarco in the amount of $139,000.00. Total estimate for this work was $290,000-00. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks Streets to order the work an the basis of the low bids.Funds for this work will be available in CPF 30012406 445100 Division of Buildings Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 1, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contracts for the Reconstruction of Pools, Various Locations 2001, for General Construction, to Progressive Weatherproofing in the amount of $134,920.00; for Mechanical Construction, to Numarco in the amount of $139,000.00, the lowest responsible bidders. Funds for the project are available in CPF 30012406 445100 -Division of Buildings. PASSED AYES -12 NOES - 0 NO. 31 BROADWAY GARAGE ITEM #32, C.C.P. 1/23/01 The Broadway Garage was inspected by the New York State Office of Public Employee Safety and Health (PESH). As a result of this inspection, the City was cited for serious violations principally associated with electrical problems in both occupied and unoccupied sections of the building. Local 264 also notified us of loose and falling concrete from the ceiling in the mechanics area. An electrical contractor was hired and he immediately repaired all of the violations noted by PESH. Masons from the Division of Buildings inspected the ceiling in the mechanics area and removed all loose concrete. As previously reported, this office has retained the services of a structural engineer to inspect the facility. We have been assured that the building is structurally sound, but will require major renovations in the near future if we are going to remain in this building. Department of Public Works staff has been in contact with the Division of Real Estate to begin looking for alternate sites for the operations currently taking place at the Broadway Garage. We will also be retaining the services of an architectural firm to determine the proper programming of space requirements at the existing site or any new sites that might be considered. They will also provide us with cost estimates for the rehabilitation of the Broadway Garage and other sites. REFERRED TO THE COMMITTEE ON FINANCE NO. 32 CHANGE IN CONTRACT 92010363 HENNEPIN PARK Page 20 01-0306-ss227.txt COMMUNITY CENTER DEMOLITION ITEM NO.34, C.C.P.(11/14/00 After bids were received for the above project addition asbestos was discovered that required abatement. Therefore, we recommend that the following changes be made to Contract 92010363 with Ontario Specialty Contracting, Inc.: Include the abatement and disposal of 7,750 square feet of floor tile mastic.Add $5,152 Include the abatement and disposal of 180 linear feet of level 2 roof perimeter flashing.Add 1, 620 Total Add $6,772 Contract Summary Original Contract Amount$91,027 This IncreaseAdd6,772 New Contract Amount$ 97,799 The project architect, Macon Chaintreuil Jensen & Stark has reviewed and approved this cost. Funds are available in MUNIS 35640106. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Ontario Specialty Contracting Inc. as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Ontario Specialty Contracting, Inc., an increase in the amount of $6,772.00, as more fully described in the above communication, for work relating to Hennepin Park Community Center Demolition, Contract, C #92010363. Funds for this project are available in MIJNIS 35640106. PASSED AYES -12 NOES - 0 NO. 33 CHANGE IN CONTRACT 92010245 JOHNNIE B. WILEY SPORTS PAVILION OFFICES - ELECTRICAL CONSTRUCTION During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010245 with Weydman Electric, Inc Provide power to rear stage as requested by tenant. Add$ 1,343 Additional feeder wire due to drawing discrepancy.Add 2,886 Relocate outlets due to conference room changes. Add488 Provide and/or install trenching, backfill, restoration, Conduit, handhole and fishline required for telephone service.Add 9,452 Total Add $14,169 Contract Summary Existing Contract Amount$65,688 Page 21 01-0306-ss227.txt This Increase14,169 New Contract Amount $79,857 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed a approved these costs. Funds are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to Weydman Electric, Inc., as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to issue a change order to Weydman Electric, Inc. an increase in the amount of $14,169.00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports Pavilion Offices, Electrical Construction, Contract, REFERRED TO THE COMMITTEE ON CIVIL SERVICE 92010245. Funds for this project are available in Munis 3022406. PASSED AYES -12 NOES - 0 NO. 34 CHANGE IN CONTRACT 92010262 JOHNNIE B. WILEY SPORTS PAVILION OFFICES - GENERAL CONSTRUCTION ITEM NO.34, C.C.P.(11/14/00 During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 92010262 with Wilsandra Construction Co., Inc.: Fiberglass ratherthanrigid insulation.Deduct $ 750 Add shelving in closetas per tenant.Add 1,409 Revise conferenceroomand add counter in office as per tenant request. Add1,521 Add dowels for ramp slab to ramp wall for added stability.Add 236 Delete pass window in kitchen and add cabinet as per tenant request. Deduct173 Change floor treatment in vestibule as per project architect. Add1,803 Change carpet from Type I to Type II as per architect request. Add3, 623 Field finish lecture unit to match conference woodwork. Add52 Delete curtain track on 2 windows.Deduct 190 Total Add $7,531 Contract Summary Existing Contract Amount$375,821 This Increase7,531 Page 22 01-0306-ss227.txt New Contract Amount$383,352 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed an approved these costs. Funds are available in MUNTS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to Wilsandra Construction Co., Inc. as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Wilsandra Construction Co., Inc., an increase in the amount of $7,5 3 1. 00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports Pavilion Offices, General Construction, Contract, C #92010262. Funds for this project are available in M-UNIS 30022406. PASSED AYES -12 NOES - 0 NO. 35 CHANGE IN CONTRACT 92010268 JOHNNIE B. WILEY SPORTS PAVILION OFFICES - HVAC CONSTRUCTION ITEM NO.34, C.C.P.(11/14/00 During the construction of the above project, Certain items that were untureseen at the time the bids were let required (Attention. Therefore, we recommend that the following changes be made to Contract 92010268 with W.C. Roberson Plumbing & Construction Corp: Insulate return during-work duct work changes in ceiling insulationAdd$656 Relocate thermostat in lunchroom to accommodate tenant furnishings.Add 259 Total Add 915 Contract Summary original Contract Amount$49, 900 This IncreaseAdd915 New Contract Amount$ 50,815 The project architect, Robert Traynham Coles, Architect, PC receiwed and approved these costs. Funds are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Pubic Works to issue a change order to W.C. Roberson Plumbing & Construction Corp., as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 26, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $915.00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports Pavilion Offices, HVAC Construction, Contract, C #92010268. Funds for this project are available in MMS 30022406. PASSED AYES -12 NOES - 0 Page 23 01-0306-ss227.txt NO. 36 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER CONSTRUCTION HVAC WORK I hereby submit to Your Honorable Body the following changes for the Machnica Community Center Construction, HVAC Work, Buffalo Sheet Metal, C #91988700. 1.Furnish and install 3' long sound alternator in the supply ducts from RTU#1 and RTU#4. Provide acoustic lining in the return plenum. Change the specified 24" 1. D. double wall duct to 24" 1. D. acoustical double wall duct. Add $ 1,690.00 The foregoing change results in a net increase in the contract of One Thousand Six Hundred Ninety and 00/100 Dollars ($1,690.00). Summary:Current Contract Amount $ 352,805.00 Amount of This Change Order (#2) Add $ 1,690.00 Revised Contract Amount$ 354,495.00 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 30230306 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 February 22, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Buffalo Sheet Metal, an increase in the amount of $1,690.00, as more fully described in the above communication, for work relating to Machnica Community Center Construction, HVAC Work, C #91988700. Funds for this project are available in CPF 30230306 445 100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 37 CHANGE IN CONTRACT STACHOWSKI PARK PHASE ONE FENCE WORK I hereby submit to Your Honorable Body the following changes to the Stachowski Park Phase 1, Site Work contract with Industrial Site Services Inc., contract #92010242. 1 .Add 6ft. high of 2" x 2" green vinyl coated 9-gauge chain-link fabric to the two ends of the roller hockey rinks that face onto Spann Street . The Councilman's office has received numerous complaints from property owners living across the street that the roller hockey balls are being shot and or deflected over the surrounding 4 foot fence into the front yards and several fly balls have come close to striking some walker byes. The total height from playing surface to top of fence will now be 10ft. Page 24 01-0306-ss227.txt Subtotal: $ 4,600.00 2.Remove existing 6-ft. canopy, rails and ties. Intersleave existing 3" vertical posts with twelve-foot high 2 5/8" post. Weld posts and attach 12ft. high, 2" x 2" green vinyl coated 9 gauge chain-link fabric to the entire 12 ft. extension to the backstop of the hardball diamond. The total height from finished grade to top of fence will increase from 16 ft. to 22ft. Subtotal: $ 6,400.00 3. Contractors 15% make-up. Subtotal: $ 1,650.00 Total: $12,650.00 The foregoing changed results in a net increase to the contract of Twelve Thousand, Six Hundred and Fifty Dollars 00/100 ( $12,650.00 Summary:Current Contract Amount $ 500,710.00 Amount of this Change Order Add $ 12,650.00 Revised Contract Amount $ 513,360.00 Costs have been reviewed by the Consulting Landscape Architect at URS Greiner Woodward Clyde and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in MUNIS #35640206 or MUNIS #30440806 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, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Industrial Site Services, Inc., an increase in the amount of $12,650.00, as more fully described in the above communication, for work relating to Stachowski Park Phase I Site Work, C #92010242. Funds for this project are available in MMS #35640206 or MUNIS #30440806. PASSED AYES -12 NOES - 0 NO. 38 COGENERATION AND DISTRICT HEATING ITEM #197, C.C.P. 2/6/01 It is the intention of this department to retain the services of an engineering consultant to prepare a Request for Proposals (RFP) to see if there is any interest in the development of cogeneration and/o district heating in the City of Buffalo. The consultant will also be required to file grant applications with NYSERDA, or any other pertinent funding agencies, on our behalf. I expect to have the RFP available for distribution within thirty days. I, therefore, request Common Council authorization to retain the services of a consultant for this purpose. Funds are available in the citywide planning account. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 20, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain the services of an engineering consultant to prepare a Request for Proposals (RFP) to see if there is any interest in the development of cogeneration and/or district heating in the City of Buffalo in Page 25 01-0306-ss227.txt an amount not to exceed $30,000.00. Funds are available in the citywide planning account. PASSED AYES -12 NOES - 0 NO. 39 GRASS CUTTING - 401 FULTON ITEM #68, C.C.P. 2/6/01 The referenced item was referred to the Committee on Finance and to this department for a response. A review of our records indicates that the owner of 401 Fulton was billed in error for grass cutting services. The bill for $52.50 will be abated as soon as possible. RECEIVED AND FILED NO. 40 P. EVANS - PLAYGROUND CONSTRUCTION - ECC The above item was referred to this department for a response. My staff has met with the Playground Committee of E.C.C. #61 three times and equipment and layout have been selected and approved. The contract will remove the existing equipment, furnish and install new play equipment and a new large play and with safety surface. Existing asphalt paths and plaza shall be patched and color sealed. The Board of Education has been reminded of their commitment to address the requested fence improvements and lighting. Bids for this project estimated to cost approximately $58,000 will be opened on March 14, 2001. It is anticipated that the work will be completed in June of this year. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 PERMISSION TO FUND CONTRACTOR COSTS PARKSIDE LODGE - OLMSTED PARK Permission is requested from your Honorable Body for our department to fulfill the city's $100,000. Funding commitment for rehabilitation of the Parkside Lodge. The Olmsted Parks Conservancy has obtained a grant from the Lila Wallace Readers Digest Fund for restoration projects in Olmsted Parks. The ongoing renovations to the Parkside Lodge consists of the following contracts: Flynn Battaglia Architects (Architects) - $69,573.00 New Era Construction (General Contractor) - $ 204,696.00 Ackerman Mechanical Services (Plumbing) - $67,050.00 SLR Contracting (HVAC) -$ 82,946.00 Frey Electrical (Electrical) -$ 43,992.00 Total Costs - $ 468,257.00 Therefore, in order to fulfill the city's funding commitment in conjunction with the Lila Wallace Readers Digest grant for the rehabilitation project at the Parkside Lodge our department requests your Honorable Body to approve city funds in the amount of $100,000. from the following City wide Parks Capital Accounts: 34640206, 30440806, 35310106 and 35640206. Mr. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 1, 2001, be received and filed; and That the Common Council does hereby approve city funds in Page 26 01-0306-ss227.txt the amount of $100,000 from the following city-wide Parks Capital Accounts: 34640206, 30440806, 35310106 and 35640206 for the rehabilitation of the Parkside Lodge. PASSED AYES -12 NOES - 0 NO. 42 Recycling materials from demolitions Item #186, C.C.P. 10/3/00 The Department of Public Works, Parks and Streets is only involved in the demolition of a small percentage of the total demolitions done each year. Our involvement is limited to our in-house crews. The Department of Permit and Inspection Services is responsible for the contracting of private demolition contractors. I have asked the Commissioner of that department to respond to this item also. We do encourage, to the maximum amount possible, the recycling of demolition material. In most cases, concrete or masonry foundations are separated from the rest of the debris for disposal at a recycler. We have found that it is not cost effective, however, to separate the other items. Most of our demolitions are wood frame structures, and the manpower cost that would result from separating the wood from sidings, etc. would far outweigh any benefits from recycling instead of disposal at a landfill under our current contracts. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 Request to Hire Consultant Broadway Garage Study Permission is requested from Your Honorable Body to hire a consultant to perform a study of the Broadway Garage. The purpose of the study will be to evaluate the structure and determine a cost estimate to make any required repairs. Cost of the study is estimated to be $10,000.00. Funds for this work are available in the Department of Public Works, Parks and Streets' Planning Account. Mrs. LoTempio Moved: That the above communications from the Commissioner of Public Works, Parks and Streets dated February 22, 2001 be received and filed, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to perform a study of the Broadway Garage. Funds for this project are available in Public Works, Parks and Streets' Planning Account. PASSED NO. 44 Resolution and Agreements - Buffalo Corridor Management Project TEA21 - Section 1118 & 1119 City of Buffalo, Erie County PIN 5756.29 I hereby request that your Honorable Body approve a resolution authorizing the Mayor to enter into all necessary agreements with the New York State Department of transportation (NYSDOT) for preliminary engineering (planning and design) related to The Buffalo Corridor Management Project Pin 5756.29 and also endorsing the City's commitment to this project. The resolution should also stipulate that the City agrees to Page 27 01-0306-ss227.txt pay all necessary costs associated with first instance funding and the Federal/Non-Federal shares of the necessary project phases. Funds for this purpose are available in our Capital project Account for Local Match of Federal Highway Projects. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 1, 2001 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation for preliminary engineering (planning and design) related to The Buffalo Corridor Management Project PIN 5756.29. The City does hereby agree to pay all necessary costs associated with first instance funding and the Federal/Non-Federal Shares of the necessary project phases. Funds for this purpose are available in the Capital Project Account for Local Match of Federal Highway Projects. PASSED No. 45 Certificate of Appointment Appointment Effective: March 5, 2001 in the Department of Public Works, Parks & Streets Division of Water to the Position of Associate Engineer Seasonal Permanent Appointment at the: Maximum Starting Salary of:$58,134.01 Peter J. Merlo 799 Bird Avenue Buffalo, New York 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 46 Certificate of Appointment Appointment Effective: February 16, 2001 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Junior Engineer Permanent Promotion at the : Intermediate, Starting Salary of: $36,843 Eric D. Schmarder 46 Camden Ave. Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE No. 47 Certificate of Appointment Appointment Effective: February 26, 2001 in the Department of: Police to the Position of Detective Permanent Appointment at the: Flat Starting Salary of: $ 50,635 Sallie A. Blersch 3685 Marlowe Avenue Hamburg, New York 14219 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 48 Certificate of Appointment Appointment Effective: February 26, 2001 in the Department of Police to the Position of.- Detective Contingent Permanent Promotion at the: Flat Starting Salary of: $ 50,635 Mary C. Evans 366 Eden Street Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 49 Certificate of Appointment Page 28 01-0306-ss227.txt Appointment Effective: February 26, 2001 in the Department of: Police to the Position of: Police Lieutenant Permanent Appointment at the: Flat Starting Salary of: $ 56,560 Dennis F. McLaughlin 3431 Baker Road Orchard Park, N.Y. 14127 Patrick A. Roberts 140 Idlewood Drive Orchard Park, N.Y. 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 50 Certificate of Appointment Appointment Effective: February 26, 2001 in the Department of: Police to the Position of: Police Lieutenant Contingent Permanent Promotion at the: Flat Starting Salary of $ 56,560 James A. Stabler 615 Campbell Boulevard Getzville, New York 14068 Donna M. Berry 380 Richmond Avenue Buffalo, New York 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 51 Certificate of Appointment Appointment Effective: February 26, 2001 in the Department of: Police to the Position of: Police Photographer Provisional Appointment at the: Flat Starting Salary of: $ 52,372 Richard D. Corsi 4958 Hunters Creek East Aurora, New York 14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 52 FROM THE CORPORATION COUNSEL Additional Information - Iron Mountain Settlement The Common Council requested additional information related to the proposed settlement of the litigation with Iron Mountain Records Management, Inc. This communication is to inform you that the City's monetary costs of land acquisition will come from the Buffalo Economic Renaissance Corporation from their South Buffalo Redevelopment account. We are also requesting authorization to seek reimbursement for fifty percent (50%) of the full parcel acquisition cost from New York State's 1996 Environmental Quality Bond Act. The funds will reportedly be available in June. We are proposing the contract for sale be executable in two parts. The first part will be the transfer of the easement along Bailey for the easement along the river bank and the triangular parcel, and the second transfer would be the 2.4 acres that go from Bailey Avenue to the river bank. RECEIVED AND FILED No. 53 Pfeifer Theatre Item No. 91, C.C.P., 1/23/01 Attached please find a copy of correspondence received by the Law Department from University at Buffalo President William R. Greiner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND UB FOUNTAIN NO. 54 Review of Nominee(s) for Re Page 29 01-0306-ss227.txt Appointment-Citizens Funding Review Commission C.C.P., 2/6/01, No. 9 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of February 16, 200 1) that the following nominees to the Citizens Funding Review Commission have no outstanding debts to the City: Rhonda Ricks Michael Rivera REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 55 M. Kuzma - S. Interdonato - Concerns - Demo 153 Peach Ext. (Item No. 78, C.C.P. 2/20/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following infon-nation.153 Peach Street in the City of Buffalo has been identified and deemed worthy of demolition. 0 May 25, 2000 a hearing notice was sent to the owner of record for a hearing to be held in the Office of the Department o Permit and Inspection Services. The date of this hearing was June 1, 2000. This notification was sent to Unite Companies Lending Corporation of Baton Rouge Louisiana. This notice was also filed in the Office of the Erie Count Clerk as a "Les Pendes" under Liber Number four hundred (400) and Page Number eight hundred twenty (820). On o about August 14, 2000 a Quick Claim Deed was filed making Steven Interdonato and or Robert Jacobs Plumbing Inc Owner of this 153 Peach Street in the City of Buffalo. As the new owner accepted this property with a notice o demolition filed, he and or his company accepts responsibility for the demolition and related costs. I would like to assure your Honorable Body that personnel in the Department of Permit and Inspection Services has fulfilled it's obligation a stated in Section 113 of the Charter and Ordinance of the City of Buffalo. The owner of the building has served the City of Buffalo with an "order to show cause" also known as an Article 78. The return date for final disposition of this legal matter is March 22, 200 1. After this Court Hearing is completed a final decision will be made concerning this property. I is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 56 Solicitation of Funds Attached is an application for Solicitation of Funds for the Ninety One Charity Golf Classic to solicit funds in the Buffalo area from April 15 to May 15, 2001. This is an annual event. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mrs. LoTempio Moved: That the above communication from the Commissioner of Permit and Inspection Services, Division of Licenses, dated February 21, 2001, be received and filed; and That pursuant to Chapter 316, Article VI of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant Ninety One Charity Golf Classic an exemption to solicit funds in the City of Buffalo from April 15 to May 15, 2001. Page 30 01-0306-ss227.txt Passed. No. 57 Suspension of Ordinance for 147 Summit Avenue Ext. (Item No. 166, C.C.P. 2/20/01 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As your Honorable Body is aware, Section 103-3 of the Charter and Ordinance of the City o Buffalo prohibits the use of any frame structure that exceeds two stories in height. Registered Architect, William Hove has submitted a proposal to the Department of Permit and Inspection Services. We in the Department of Permit an Inspection Services in conjunction with the Department of Fire, Division of Fire prevention have reviewed the particular of the proposed addition at 147 Summit Avenue in the City of Buffalo. This proposal is for a three-story frame addition of approximately five hundred square feet per floor to be used as part of the existing frame structure. This proposal requests the use of the third floor for a living area. This proposal also calls for providing a two- (2) hour fire separation between the existing structure and the new addition. Additionally, a sprinkler system will be installed in both the front and rear stairways providing for two separate means of egress. A hard-wired smoke detector system will be installed for the protection of the occupants. After conferring with Battalion Chief Robert Stasio and Richard Ogorek , Deputy Commissioner of the Department of Permit and Inspection Services, I have no objection to the modifications of the existing building, the construction of the new addition and the proposed use of this property. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 58 General Fund Gap Sheet Second Quarter 2000-01 Under this cover please find the City's General Fund Gap Sheet for the second quarter of Fiscal Year 2000-0 1. This gap sheet contains an estimate of year-end results as well as an estimate of the impact of current trends and other factors on the 2001-02 Fiscal Year. These estimates are based upon information currently available to the budget office. The gap sheet projects a positive result of operations of $3.875 million for the current year. The most significant difference from the first quarter's projection is a change in accounting for the State spin-up aid. When the budget was adopted, and until the 1999-00 books were closed, it was assumed that the first payment of the spin-up would be booked in June 2000 and brought forward into the 2000-01 fiscal year as a resource. The second quarter projection assumes the city will book the first spin-up payment in December 2000 and the second payment in June 200 1. The Comptroller and City Accountant have indicated this is their intent based upon a recommendation of the city's independent auditor. This change improves the projected year-end surplus by $3.035 million; the difference between the $16.13 million resource that has been eliminated and the $19.165 million increase in State General Purpose Aid. A payment in this amount has been received from the State. Page 31 01-0306-ss227.txt The first quarter gap sheet projected year-end results of +$2.722 million without the benefit of the aforementioned change in accounting for the spin-up. Had the accounting change been known at the first quarter, the first quarter projection for yearend results would have been a positive $5.757 million as compared to the current projection of $3.875 million. The November snowstorm accounts for the majority of the $1.882 million deterioration in year-end projections between the first and second quarters. The storm added approximately $3.5 million in expenses to the General fund with the largest component being private contractor costs. This increase is reflected in the gap sheet under the "services" heading which is showing an increase of $3.771 million from budget and $3.363 million from the first quarter. In addition, supply costs, mostly automotive supplies, have increased $158,000 from the first quarter. Expenditures for these items are currently projected to exceed budget by $1.025 million. Personal service costs are showing savings of $206,000 at the end of the second quarter. At the first quarter personal service savings were projected at $490,000. Overtime is up $485,000 from the first quarter while regular salaries, including duty disability, are showing additional savings of $33 1,000. A non-storm related expense that is on the rise is group insurance - medical. Expenditures for this purpose are projected to exceed budget by over $700,000. Overall, General Fund expenditures are projected to exceed budget by $6.642 million. In addition to the state spin-up aid, other revenue sources are helping to cover these increased expenses. Reimbursements from third parties piggybacking on our natural gas and electricity contracts are estimated at $3.5 million as of the second quarter. Accounting is changing the way we treat this revenue and the associated expenditure to remove both from the General Fund. Sales tax is projected at $59.583 million or $5.083 million over budget and an improvement of $2.02 million from the first quarter. Class I Utility Tax is projected to improve by $700,000 from the first quarter, although it continues to lag budget by $700,000. Other federal revenues have been increased by $950,000 in anticipation of FEMA reimbursement for storm related costs. For the 2001-02 Fiscal Year, we are currently projecting a gap of $39.393 million. This gap results from the loss of the State spin-up which provided us with one-time revenue of $19.165 million, the loss of property tax revenue resulting from the city-wide revaluation project and the natural, inflationary growth in expenditures, particularly personal service and healthcare costs. Loss of the state spin-up will reduce our resources by $16.13 million on a budgetary basis. Citywide revaluation will have a significant impact on our property tax collections. Using the latest estimates provided by GAR Associates and taking an additional one percent reduction to account for challenges, we are estimating a loss of property tax revenue of $16.996 million if we hold the homestead rate constant at $18.29 per thousand. Under this scenario, the Real Property Tax Levy for 2001-02 would be $122.815 million, down from $140.875 million in the current year. Helping to offset the impact of revaluation on next year's budget is $7 million designated in the Assessment Revaluation Stabilization account. Absent this resource, the city would be facing a budget gap of over $46 million in the 2001-02 fiscal year. Our natural gap is projected at $6.267 million after accounting for the $7 million Page 32 01-0306-ss227.txt one-shot resource noted above (over $13 million absent the resource). The main expenditure components of this portion of the gap are increased personnel costs (+$4.424 million) and social security (+$1.206 million), increased healthcare costs (+$6.118 million - various providers are seeking 18 percent rate increases), increased utility costs ($1.1 million) and increased supply costs with the rise in the cost of gasoline and other automotive supplies $1.0 million), increased debt service requirements ($2.5 million). We have increased our estimate of next year's pension costs since-the first quarter given the downturn in the economy and its impact on investment earnings. We are projecting reduced capital outlays of $3.667 million since we will complete the purchase of the totes and tippers in the current year. Service costs should remain relatively stable with the completion of the revaluation project. In the current year we paid GAR Associates $538,000. Next year our maintenance agreement is $123,000. On the revenue side, we have increased our sales tax estimate, budget to budget, by $2.75 million, even after discounting the 25 percent reduction in sales taxes on utility transportation and distribution that occurred in December 2000 and the 25 percent reduction that is scheduled for December 2001. We have reduced our estimate on Class I Utility Taxes by $1.4 million despite the fact that it is performing better in the current year. The high price of natural gas, combined with the cold winter, has boosted revenue from this source in the current year. We do not expect these trends to continue. The administration hopes this gap sheet informs the Council on the current state of city finances. As always, I am available to meet with the Council to discuss this document and any other items relating to the city's financial outlook. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 59 Permission to Hold Auction The Division of Purchase would like to request permission to hold an auction to dispose of various scrap/obsolete vehicles for Buffalo Police, and various other departments. Mrs. LoTempio Moved That the Commissioner of Administration and Finance be hereby authorized to conduct an auction to dispose of various scrap/obsolete vehicles for various City Departments PASSED AYES - 12 - NOES - 0 No. 60 Local 282, Buffalo Firefighters Medical Coverage Current Situation and Recommended Future Direction regarding Medical Coverage; Specifically Buffalo Firefighters as well as City of Buffalo Unions in general Due to the Interest Arbitration award issued last year, as of 6-30-2000, the Buffalo Firefighters for the first time ever, are required to contribute towards the cost of their Medical Coverage. They finally joined the other eight City unions, with respect to being required to make partial premium contributions through payroll deduction. Although contributions towards Medical are comparatively small for current active Firefighters at this point, they go up significantly for those hired after 6-30-2000. This completes the initiative started in 1995 to move City employees away from the very expensive Traditional Blue Cross coverage and into the favorably Page 33 01-0306-ss227.txt priced HMO's available in WNY. After the 2000 Firefighter Arbitration Award, we held a "special" Open Enrollment for members of Local 282 to allow them to move out of the more expensive Blue Cross Indemnity plan and into the lower cost HMO's. We now have 64% of our Firefighters in the two lowest cost HMO's, Independent Health and Community Blue. The average cost of these two plans is $161.27 per month for a single policy and $447.19 for Family coverage. These are very favorable rates for the level of coverage that's provided by these Top rated HMO's. In fact, Independent Health, Community Blue and Univera have all consistently been ranked in the top 45 in the Nation by Businessweek Magazine in their Annual Survey of Health Insurers. Our top rated local HMO's also cost 10 to 15% less than the National Average, which is why the National Medical Carriers like US Health have not been able to make any major inroads into the WNY marketplace. If you live in WNY there are very few instances were the Local HMO's could not adequately meet your individual or family Medical Insurance needs with less out of pocket expense than Blue Cross Traditional. Several years ago the Board of Education decided that instead of attempting to move employees into the lower cost HMO's that they would design and Self-insure a Traditional Indemnity Style plan, which would be offered at no cost employees. I have discussed this plan with Barbara Slominskii (Dedd), on numerous occasions in the past and more recently with Phyllis Rossi and James Keane of the BOE. Two years ago the BOE Self-Insured Plan was costing slightly more than the HMO's the Board offered for singles and slightly less than the HMO's for Family coverage. Now, you must also consider the fact that the BOE was offering $1 co-pays on their HMO prescriptions at the time so they were paying more for their HMO's than we pay for ours. Currently the BOE is paying medical claims the equivalent of $287.47 per month for their single SELF-INSURED plan and $527.59 per month for their Family SELF-INSURED Plan. This is $128.96 more per month than we pay for single IHA for the Firefighters and $88. 18 more than we pay for Family I HA coverage for Buffalo Firefighters. On top of these monthly reimbursement costs Phyllis Rossi told me that there might be additional administration fees that the BOE is paying on their SELFINSURED Plan. I was advised that there are currently about 2100 single and family contracts in the BOE SELF-INSURED Plan with administrative fees running at a composite rate of $31.08 per contract/ per month/ Member. Although the BOE does not charge a participation fee for their SELF-INSURED Plan they still have more benefits eligible employees choosing the HMO's with 2965 HMO contracts. Prior to the issuance of the last Firefighter Interest Arbitration award, I did provide a copy of the BOE RFP that the consultants developed to both Blue Cross of WNY and Independent Health, who introduced a Traditional style plan last year. I wanted to if it was plausible to consider such a plan for our Firefighters. The first thing that Blue Cross looked at was current utilization among current Firefighters and retirees since you cannot experience rate active without doing the same for retirees. Also to consider self insurance or experience rating you need as large a group as possible to even out the loss experience and to be able to purchase stop loss insurance at low enough retention levels as to not get yourself with in trouble with bad claims experience. I was advised that Independent Health would probably not even be Page 34 01-0306-ss227.txt able to offer their Traditional Product to the City of Buffalo, as we would not meet their underwriting requirements. They have set strict employer requirements for their product which was designed to be rated for small employer, executive benefit packages. Independent Health's experience rated Traditional "Classic' product is also very expensive, being priced similar to Blue Cross's Traditional product. They also have severe restrictions on the percentage of "out of area" members allowed to participate, which would not work with our Traditional retirees. Blue Cross could put together a SELF-INSURED Traditional Medical Product for Buffalo Firefighters, but not for anywhere near the cost of the HMO's we currently offer. We would need a larger group than the current 206 active Firefighters that currently select Blue Cross and adding the retirees would ruin experience. No matter how you look at it the situation, it is clearly more cost effective to for the City to stick to it's plan and provide HMO Medical coverage as the "Core" coverage. For us to backtrack at this point and attempt to develop a Self-Insured plan just does not make sense fiscally. Self-insurance is more expensive than our current HMO coverage both from a pure claims standpoint and from the administrative component. The three local HMO's that the City of Buffalo offers to Buffalo Firefighters continue to offer excellent levels of coverage at affordable rates. This is because they have negotiated lower reimbursement rates with their providers, and take a more active role in managing care. Traditional Insured and Self-insured products offer unlimited access to patients and higher reimbursement rates to the providers and therefore cost much more than the managed HMO's. At this point, the City of Buffalo spends less per employee per month on Medical coverage than either the BOE or the Sewer Authority. In order for us to continue to lead the way in this area without increasing the existing payroll contributions now required we will need to negotiate increased single tier prescription riders or go to a three tier system. In addition, there are also alternate levels of HMO coverage available locally other than the premium "gold" plans that we currently offer. These "silver" and "bronze" level plans could save the City money on Medical coverage if this continues to be an area that is looked at to reduce the City's expenses. "New Hires" and "Future Retirees" are groups that are often targeted for these 2nd and 3rd tier plans. REFERRED TO THE COMMITTEE NO. 61 Ord. Amendment Ch 96-19 Bonds & Contracts (Hrg. 2/27)" (# 174 CCP Feb. 20, 200 1) In response to your inquiry, please be advised of the following: 1.Information pertaining to total numbers of seasonal employees hired annually and the projected financial impact of the living wage payment should be referred to the Director of the Budget. 2. Information pertaining to the living wage ordinance should be referred to the Commissioner of Human Resources, since it may effect several collective bargaining agreements. REFERRED TO THE COMMITTEE ON BUDGET Page 35 01-0306-ss227.txt FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS No. 62 Fairness-Afr./Am. Workers - Public Works/Streets Div (#52 CCP Feb. 20,2001) Response-Var. Questions-Foremen, Truck Drivers, etc." (#53 CCP Feb. 20, 200 1) In response to your inquiry dated, February 21, 2001, please be advised that the Citizens Rights Committee will meet to discuss this matter and after such time, will send a response concerning this matter to the Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM: DEPARTMENT: COMMUNITY SERVICES NO. 63 C. Pratt-Incident at Broadway Market" (#83 CCP Feb 20, 2001) In response to your inquiry dated, February 21, 2001, please be advised that we are recommending that the person write a letter to the Broadway Market Board of Directors and the Commission will also send a letter to the Board of Directors indicating our concern regarding this matter. RECEIVED AND FILED FROM THE BOARD OF EDUCATION NO. 64 QUALIFICATIONS-PROGRAM MANAGER-SCHOOL CONTRUCTION BOARD This Draft Request for Qualifications for a Program Manager for the Buffalo District Wide School Capital Construction and Reconstruction Program ("Draft RFQ") has been developed by the Joint Schools Construction Board and will be published for public review and comment during the month of March 2001. From Noon March 1, 2001, the Draft RFQ is available on-line at http.-//www. buffaloschools.org and http.-//www.ci.buffalo.nv.us/city/.cgov-header.htmI and, starting Monday, March 5 print copies will be available for pick up at Room 403, City Hall, Buffalo, New York 14202, Monday through Friday during the hours of 9:00 AM to 4:00 PM. Public presentation(s) of the intent and scope of the Draft RFQ will be held during March 2001. Public notice will be made of the date(s), time(s) and location(s) of such presentation (s). Comments on the Draft RFQ must be made in writing on or before March 30, 2001 and must include name and address, comment and signature. Comments should be sent to: Mr. Mel Alston, Associate Superintendent Plant Services and School Planning City Hall, Room 403 Buffalo, New York 14202 Fax: 851-3527 All written comments (with name, signature and address) received on or before March 30, 2001 will be acknowledged. The Joint Schools Construction Board reserves the right to accept or reject any and all comments in preparation of the Final Request for Qualifications. Please note that the Final Request for Qualifications may differ from this Draft RFQ. Respondents to the Final Request for Qualifications will be responsible for securing the Final Request for Qualifications and certifying that their submission is in response to that final document. REFERRED TO THE COMMITTEE ON EDUCATION Page 36 01-0306-ss227.txt NO. 65 "E. Wilson-Concerns-Gang Member Harassment" (Harassment) "Extend 2000-2001 Lighted Schoolhouse Program" "Addl. Rec.-MWBE Part./Goals-New Sch. Const./Rehab. Proj." #86, C.C.P. February 20, 2001 #175, C.C.P. February 20, 2001 #180, C.C.P. February 20, 2001 Item # 86, C.C.P. February 20, 2001, "E. Wilson-Concerns-Gang Member Harassment" (Harassment) Both William Jackson, Director of Security and Rita Eisenbeis, Director of Community Relations met with Mrs. Elizabeth Wilson regarding her son, Lorenzo Morrison. Lorenzo was transferred to Bennett High School on February 15, 2001. Item #175, C.C.P. February 20, 2001, "Extend 2000-2001 Lighted Schoolhouse Program" Lighted School House is not a Board of Education sponsored program and is unable to absorb the cost for the program. The Board is already absorbing the costs of the utilities, paper products and janitorial supplies for the program. In addition, the City has not paid the bill from the 1999-2000 school year and has not been charged for repairs or vandalism costs caused by attendees. Item #180, C.C.P. February 20,2001, "Addl. Rec. -MWBE Part./Goals-New Sch. Const./Rehab. Proj." Each of the areas is covered in the Request for Qualifications (RFQ) that will be distributed as a draft following the February 28, 2001 Board Meeting and the meeting with the Joint School Boards. If there are any concerns after reading the draft, please plan to attend one of the public meetings for community input. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 66 Empire Brewing Loan Item No. #168, C.C.P. 2/20/01 In response to the Council Resolution regarding the "Sudden closing of Empire Brewing Company" I offer the following information: The BERC provided Empire Brewing a loan in the amount of $100,000 for working capital. The loan provided an interest-only period for 12 months. Delinquent payments of $5,451 are owed. Empire Brewery executed a Promissory Note in the amount of $150,000 for purchase/use of restaurant and brewing equipment. The equipment was originally valued in excess of the note. Delinquent payments of $8,571 are owed. However, BERC remains in possession of the equipment. Empire Brewery entered into a I 0-year lease with BERC for use of the premises at 617 Main Street. Only February's lease payment is due, totaling $5,500 with late charges. Since Empire Brewery's closing, the BERC has secured the leased space, and all furniture, fixtures, equipment and non-perishable assets present on the premises. The BERC is in the process of inventorying all furniture, fixture, equipment and other items on premise. The BERC intends to pursue all remedies and collateral available to it to recover debt owed it by Empire Brewing, in Page 37 01-0306-ss227.txt coordination with other creditors. In addition to the fixed assets on-site, the BERC also possesses personal guarantees of the principals, and pledges of partnership interests and corporate stocks in the Principals' other business concerns. The BERC has entertained numerous inquiries regarding leasing of the space, with the objective of re-leasing the space as soon as possible. Leasing of and facilitating the development of a restaurant in the Market Arcade Complex is consistent with the overall economic development strategy for the Theatre District, the BERC's fiduciary interest to the Buffalo Urban Renewal Agency (BURA) (as owners of the Market Arcade Complex), as well as protecting the City/BURA/BERC's previous investments in the premises (e.g. brewing equipment). Although any small business lending carries some risk, the BERC took every measure available for it to secure this loan. In general, the BERC is able to obtain more collateral protection for loans to medium-sized establishments, as evidenced by this loan, given the assets available from larger establishments (relative to micro-enterprises and small businesses). In most cases, the BERC approaches micro-enterprises and small businesses with a less stringent underwriting and relatively flexible delinquency and debt collection policy and procedures. The BERC will make every attempt to restructure or modify loan payments in order to keep a small business operating and institutes legal actions only when all other efforts have failed and/or the business has ceased operating. The BERC operates with the primary objective of maintaining the viable operation of these small businesses and retaining the jobs created by them to the greatest extent possible in order to serve its community development mission. Although the BERC must also maintain its fiduciary obligation with respect to public funds lent to these businesses, it balances these responsibilities against the needs of the business and the larger community development objectives of the community. We have numerous examples of micro-enterprises and small businesses for which we have made concessions and modifications or applied flexible underwriting and collection procedures in order to ensure the viable operation of the business for as long as possible, much more so than is the case with Empire Brewing or other larger business concerns. In cases where BERC exercises "Caution" when lending to very small businesses, particularly to those who have relatively bad credit histories, a major consideration is to prevent an entrepreneur or small business from incurring debt which the BERC knows the borrower will not be able to repay. The potential impact on the borrower's credit may be more damaging in the long run than not obtaining "needed" funding in the short-term. The BERC exercises a "fiduciary" concern and responsibility to the potential borrower as well as the public funding source(s). In order to accommodate the needs of small businesses and micro-enterprises, BERC has recently initiated a Micro-Enterprise Loan Program, based upon input and funding from the Common Council, which provides non-traditional loans to very small businesses, e.g. sole proprietors. The Micro Loan Program can provide 90% financing up to $25,000 at a fixed interest rate pegged ideally at prime + I% (currently 10%). However, the interest rate and other terms can be customized to accommodate the business, from a historical cashflow standpoint, tile business does not generate sufficient cash flow to service level debt service payments. In addition, Page 38 01-0306-ss227.txt BERC's underwriting criteria for these loans allow for a much higher risk score/credit rating than would be applied to larger businesses and BERC's other traditional loan programs. In an effort to prepare prospective small business borrowers who have been unable to reach their full growth potential, with challenging credit histories or who may be inexperienced relative to the financial management of small business, the BERC's newest initiative is to offer enhanced technical assistance programs through the Small Business Resource Center at the Apollo Complex on Jefferson Avenue (with the support of Mayor Masiello and the Common Council). This location will be staffed with professionals from a variety of non-profit and private small business organizations (local banks, Small Business development Center, Small Business Administration, Consumer Credit Counseling, and neighborhood and faith-based development corporations) who are experts in their field and who will volunteer their time to provide technical assistance to small business owners. Since January 1994, the BERC has closed 171 loans. Of those 171 loans, 135 or 79% were to small businesses with 25 or less employees and loans of $ 100,000 or less. The 79% represent an aggregate loan volume to small business of $12,286,805 or 51% of the total traditional loans closed from 1994 to 2000. $1,861,319 or 15% were to minority establishments. A sampling of loans booked under this category includes: a loan to Ganci's Grocery store in an attempt to save this West Side neighborhood business; to Robert C. Brown-Custom Design Vertical-Blinds - a minority entrepreneur who was awarded a contract to provide the window treatments for the HOW Project; and A & L Ice Cream and Luncheonette, a minority-owned restaurant which opened the business in the Towne Gardens Plaza. (Note that the Towne Gardens Plaza was also financed by the BERC). The balance of the traditional loans booked during that period, or 2 1 % of the volume, represented loans from $ 100,000 to $500,000. All other loans in this category were loans from $145,000 to $400,000. Most of these loan recipients are "Small Businesses" with employment levels of 25 employees or less and gross sales of less than $3 million (SBA's definition of small business). A sampling of loans in this category includes: Upgrade Corporation of New York, creating 1,073 new jobs of which 59.9% are held by African-Americans, 2% by other minorities. Ninety three percent (93 %) of the jobs created are held by very low to low to moderate income persons, many of them from welfare to work. Their total workforce is now 1,362. Other examples include: Precision Millwork, a woman-owned manufacturing business that received a loan to assist in the expansion of their business; Abatement Professionals, a minority contractor, that received a Minority Contractor Loan for start up construction costs; and Dockery Community Center, for the construction of a new Center for the Head Start Program and 24-hour daycare and community center located on Sycamore Street in the Federal Enterprise Community. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK No. 67 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Page 39 01-0306-ss227.txt Control Board. Address Business Name Owner's Name 1412 Main St NYTYM Venere Hutchinson 850 Elk St Southside Rec. Center Adams Sumlin 1672 Elmwood Papa Jake's Saloon Christopher Walder 228 Forest Ave Keith Hansen Keith Hansen RECEIVED AND FILED No. 68 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: Police- Jenyne Langhorne, Administration and Finance- Margaret Otto RECEIVED AND FILED. No. 69 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board X RECEIVED AND FILED. No. 70 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: March 5,2001 in the Department of COMMON COUNCIL to the Position of INTERN VI Temporary NON-COMPETITIVE FLAT Starting Salary of: $10.00/HR Michelle R. Rzeszutek 1180 Bailey Ave. Buffalo, N.Y. 14206 Appointment Effective: February 26,2001 in the Department of COMMON COUNCIL to the Position of INTERN IV Temporary NON-COMPETITIVE FLAT Starting Salary of: $6.00/HR Melissa Kroneiss 157 Ross Ave Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 71 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: February 20, 2001 in the Department of Community Development Division of Contract Administration to the Position of Lifeguard Seasonal Non- Competitive at the Flat Rate Starting Salary of $6.25 Irving Scrivens 311 Cornwall Buffalo NY 14215 Maria Matos 113 Argus Buffalo NY 14207 Brandon Banas 228 Esser Buffalo NY 14207 Gary Augustiniak II 302 Kensington Buffalo NY Page 40 01-0306-ss227.txt 14214 Melissa Shaver 317 Riverside Ave Buffalo NY 14207 Sarah Van Alstine 371 Villa Buffalo NY 14216 Carl Burdick 60 Columbus Buffalo NY 14220 Richard Gulczynski 115 Pries Buffalo NY 14220 March 5,2001in the Department Public Works, Parks, Streets Division of Recreation to the Position of Rink Attendant Seasonal Non-Competitive at the Flat Rate Starting Salary of: $ 5.15 Victor Orlando 91 Hartwell Buffalo 14216 Appointment Effective: February 22, 2001 in the Department of Public Works, Parks and Streets Division of Streets .to the Position of Seasonal Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of; $ 6.92 Aaron Bell 55 Purdy Street Buffalo, NY 14208 Appointment Effective: February 19, 2001 in the Department of : Public Works, Parks and Streets Division Of - Streets to the Position of Seasonal Laborer II Seasonal at the: Flat Starting Salary of; $6.92 Kevin L. Clark 28 Lonsdale Rd. Buffalo, NY 14208 Jose A. Martinez 130 Niagara Street Apt. #303 Buffalo, NY 14202 Glenn J. Galli 188 Pries Avenue Buffalo, NY 14220 Pasquale Picogna 164 Congress Street Buffalo, NY 14213 Alexander Porter 151 Prospect Avenue Buffalo, NY 14201 Christian S. Simcoi 58 Ideal Street Buffalo, NY 14206 February 19, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Leonard Wackowski 203 Benzinger Buffalo NY Appointment Effective: February 12, 2001 in the Department of :Public Works, Parks and Street Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of: $ 6.92 Joseph K. Bonds 26 Sussex Court Buffalo, NY 14204 William A. Buyers 121 Delsan Court Buffalo, NY 14216 Patricia J. Cassel 33 Parkview Avenue Buffalo, NY 14210 Miguel A. Colon 634 Plymouth Buffalo NY 14213 Christopher A. Fu 7 Marine Drive Buffalo, NY 14202 David Janowski 427 Willett Street Buffalo, NY 14206 Appointment Effective:' February 12, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of. Seasonal Laborer II Seasonal Flat Starting Salary of; $ 6.92 Michael Lombardo 141 Shenandoah Buffalo, NY 14220 William J. Mazur, 205 Marine Drive Apt. 10C Buffalo, NY 14202 Edwardo Perez 40 Greenwood Place Buffalo, NY 14213 Ronald H. Ventola 169 Virgil Avenue Buffalo, NY 14216 Christopher M. Zgoda Ullman Buffalo, NY 14207 Appointment Effective: March 5, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer Seasonal Non-Competitive at the: Flat Starting Salary of; $6.92 Ronald E. Richter 494 Colvin Avenue Buffalo, NY 14216, REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 72 Appointments - Temporary, Provisional or Permanent Page 41 01-0306-ss227.txt I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: March 5, 2001 in the Department of Management Information Systems to the position of Computer Operator Temporary Appointment Minimum Starting Salary of $31,153 Kenneth Doverpike 122 Taunton Place Buffalo NY 14216 Appointment Effective Date February 21, 2001 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor Temporary Appointment Minimum Starting Salary of $30,922 Nataliya Rozina 583 Starin Ave Apt #4 Buffalo, NY 14216 Appointment Effective February 26, 2001 in the Department of Administration and Finance Division of Administrative Adjudication to the Position of Legal Aide to the Bureau of Administrative Adjudication Provisional Appointment at the Minimum Starting Salary of $25,005 Margaret Otto 328 Southside Buffalo NY 14220 Appointment Effective February 16, 2001 in the Department of Administration & Finance Division of Treasury to the Position of Laborer I Temporary Appointment at the Minimum Starting Salary $20,508.80 Laquita White 188 Coit St Buffalo NY 14212 Appointment Effective: February 28, 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 Lucille Crimi 286 Ideal Buffalo, NY 14206 DeMario Watkins 1910 Seneca Buffalo, NY 14210 Appointment Effective February 23, 2001 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As required at the Flat Starting Salary of $6.00 Anna Maria Kobis 229 Geary Buffalo NY 14210 Appointment Effective February 22, 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 David Grabowski 143 Fleming Buffalo NY 14206 Benjamin Smith 211 West Tupper Buffalo NY 14201 Appointment Effective February 20, 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 Joseph MCANDREWS 32 Garvey Buffalo,14220 Anthony Wagner 360 Abbott Buffalo 14220 Kendell Burwell 90 Huntington Apt 206 Buffalo 14214 Elaine Hawkins 57 Montclair Buffalo 14215 Freddie Mills Jr. 229 Landon Buffalo 14208 Doristene Steele 553 Lisbon Buffalo 14215 Linda Woods 63 Fay Buffalo 14211 Appointment Effective February 20, 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 Dino Aramini 356 North Odgen Buffalo NY 14206 Geraldine McCartney 69 Grote Buffalo 14207 Robert McCartney 69 Grote Buffalo 14207 Patricia Schultz 9 Heward Buffalo 14207 Joseph Zon 129 Military Buffalo 14207 Karen Klemowski 66 Wiley Buffalo 1407 Eileen O'Rourk 39 Coronada Buffalo 14220 Cathleen Lasky 91 Eaglewood Buffalo 14220 Rose Cich 936 South Park Buffalo Page 42 01-0306-ss227.txt 14210 Luz Morales 850 South Park Buffalo 14210 Anne Marie O'Neill 50 Hayden Buffalo 14210 James Pendziwiatr 39 Owahn Buffalo 14210 Averill Dove 354 Florida Buffalo 14208 Mona Gault 135 Strauss Buffalo 14212 Jamika Hinton 324 West Ferry #3 Buffalo 14213 Melissa Sibley 370 Katherine Buffalo 14210 Andrew Heidinger 172 Alabama Buffalo 14204 Nicholas Heidinger 172 Alabama Buffalo 14204 Margaret Danieu 18 Rutland Buffalo 14220 Sherri Harrington 133 Walter Buffalo 14210 Brian Pilarski 24 Navaho Buffalo 14210 Geoffrey Simonick 39 St Stephens Buffalo 14210 Helen Sciolino 30 Tremont Buffalo 14213 David Shamrock 86 Commonwealth Louis Benton II 66 Morris Buffalo 14214 Stephen Kolano 635 Amherst Buffalo 14207 Donna Haeick 169 Brinton Buffalo 14216 Philip McCarter 390 Northumberland Buffalo 14215 Joseph Aramini 356 North Odgen Buffalo 14206 Pamela Stoddard 18 Klaus Buffalo 14206 Kristi Weiglein 43 Laux Buffalo 14206 Mary Geraci 29 Elam Buffalo 14214 Rebecca Harzewski 73 Vernon Buffalo 14214 Brandon West 282 15th Buffalo 14213 Darlene Martin 258 Sobieski Buffalo 14211 Arthur Nowak 50 Inwood Buffalo 14209 Freddie Bonilla Jr. 410 Parkdale Buffalo 14213 Peter Botticelli 316 Normal Buffalo 14213 Angeline Cipolla 8 Hertel #604 Buffalo 14207 Frances Gonzalez 7B Jasper Parrish Buffalo 14207 Maria Lopez 337 Niagara Buffalo 14201 Kevin Mathewson 47 Pavonia Buffalo 14207 Bonnie Orffeo 448 Vermont Buffalo 14213 Arnetta Stephens 538 Hewitt Buffalo 14215 Madelyn Thomas 215 Roslyn Buffalo 14215 Kita Williams 122 Orange Buffalo 14204 Shannon Moore 254 orange Buffalo 14204 Renee Robinson 196 Sycamore Buffalo 14204 Deloris Melson 53 Moselle Buffalo 14211 April Nicastro 252 Massachusetts Buffalo 14213 Appointment Date February 20, 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 Carmela Trippi 26 Woodette Buffalo 14207 Sarah Loehfelm 31 Marine Dr 4H Buffalo 14202 Garry Weiss 914 South Park Buffalo 14210 Lynn O'Neil 47 Herman Buffalo 14212 Eileen Eckstein 106 Eckhert Buffalo 14207 Kevin Murphy 94A Alturia Buffalo 14220 Irma Cole 233 Parkside #6 Buffalo 14214 Bernard Pryor II 50 Jaktram Court Buffalo 14209 Kevin Tate 85 Colfax Buffalo 14215 Linda Marchese 191 Hodge Buffalo 14222 April Nicastro252 Massachusetts Buffalo 14213 David Shamrock 86 Commonwealth Buffalo 14216 Deborah Kroneiss 151 Crowley Buffalo 14207 Michael Blake 60 Houston Buffalo 14220 Caitlin Bogucki 15 Wasson Buffalo 14210 Don Hood 38B Polish Place Buffalo 14210 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 Page 43 01-0306-ss227.txt 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 142.07 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 Appointment Effective: February 20, 2001 In the Department of Public Works, Parks and Streets Division of Demolitions To the Position of Account Clerk Permanent Appointment at the Minimum at the starting salary of $25,005 Robyn M. Jackson 76 Howell Street Buffalo, NY 14207 Appointment Effective: February 22,2001 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Supervising Lifeguard TA Appointment at the: Flat Starting Salary of $6.50 Malik Blyden 164 Parkridge Buffalo 14215 Appointment Effective: February 26, 2001 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader Provisional Appointment at the: Minimum Starting Salary of:$25,159.00 Robert M. Schuster 682 Abbott Road Buffalo, New York 14220 Appointment Effective: March 5, 2001 in the Department of Public Works, Parks & Streets Division of Water to the Position of Associate Engineer Permanent Appointment at the: Maximum Starting Salary of:$58,134.00 Peter J. Merlo 799 Bird Avenue Buffalo, New York 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 73 SAFETY OF KENSINGTON EXPRESSWAY This is in response to your January 31, 2001 letter concerning steps that we have taken to improve the safety of the Kensington Expressway since our last update in June. We have added sequential lights and signing at the Kensington/Route 198 spilt to better alert motorists of the upcoming highway alignment. We are starting the process to hire a consultant to complete a safety study of the entire length of the Kensington to better assess the needs for this highway. As stated in our June 15, 2000 letter, we are not going to be able to make significant strides in the safety of the Kensington Expressway without the assistance of the City of Buffalo. Unfortunately, many of the "major" accidents and especially the recent fatal accident near the 33/198 split have one thing in common: vehicle(s) traveling at a very high rate of speed that makes it impossible to travel the expressway in a safe manner. Police action is necessary to try and modify motorist behavior on this highway. Our ITS project is installing cameras and detectors along the entire expressway so that police, fire, and other emergency service providers can react quickly to incidents; thereby, reducing delays and accidents on this highway. This project is currently under construction, and operation of these Page 44 01-0306-ss227.txt elements should begin by the end of this year. As previously stated, a proper police presence is needed to try and reduce speeds on this highway. We are willing to meet and discuss possible enforcement options at the City's convenience. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 74 TRUCK TRAFFIC ON VULCAN ST This is in response to your February 7, 2001 letter. Erie County has taken the lead concerning issues that pertain to the General Motors Plant expansion. All concerns related to this issue should be directed to Erie County. The New York State Department of Transportation has been working with the County of Erie in the reconstruction of Kenmore Avenue between Sheridan Drive and Vulcan Street. As part of an upcoming Department project, we are also looking at improving the intersection of Sheridan Drive at Kenmore Avenue to improve the turning radius for trucks destined for the GM Plant. We believe that when this work is completed, trucks will prefer to use the Sheridan Drive exit off the Niagara section of the New York State Thruway (1-190) and lessen the amount of traffic on Vulcan Street. If you have any questions or need additional information, please contact me at (716) 847-3268. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 75 REQUEST FOR SNOWBLOWER The Indian Orchard Block Club would be very interested in a snowblower offered by the city. We have a strong block club that is dedicated to taking care of our neighborhoods, and our senior citizens. As we have 3 absentee landlords with tenants who do not remove snow. The responsibility has fallen to us to shovel these areas. A snowblower would certainly help. REFERRED TO THE SNOW REMOVAL TASK FORCE No. 76 Who Does What Commission Final Report Please find attached an excerpt from the Buffalo Niagara Partnership's January 2001, "Who Does What? Commission" Final Report. This report was issued to Erie County Executive, Joel Giambra. Please file this document for the Common Council's review. REFERRED TO THE GOVERNMENT RELATIONS TASK FORCE No. 77 VARIOUS LETTERS-OPPOSING RELOCATION OF CTS ROCK CRUSHING FACILITY TO SENECA BABCOCK NEIGHBORHOOD ATTACHED PLEASE FIND VARIOUS LETTERS FILED BY RESIDENTS AND BUSINESSES WHO ARE OPPOSED TO THE RELOCATION OF THE CTS ROCK CRUSHING FACILITY TO THEIR NEIGHBORHOOD. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 78 FRANCZYK PARK DRAINAGE IMPROVEMENT PROJECT I have just received the attached letters today. Would you please file them with the Common Council for consideration and discussion at the next Common Council meeting. Page 45 01-0306-ss227.txt REFERRED TO THE COMMITTEEON FINANCE NO. 79 BUFFALO EQUAL OPPURTUNITY MINORITY, WOMEN SMALL/LOCAL BUSINESS ENTERPRISES I hereby submit for filing copies of a draft ordinance entitled: "The Buffalo Equal Opportunity Minority, Women, Small and Local Business Enterprises Emergency Act 2001" for Council consideration. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE,THE CITIZENS RIGHTS COMMISSION, CORPORATION COUNSEL, COMMISSIONER OF ADMINISTRATION AND FINANCE, COMMISSIONER OF PUBLIC WORKS, COMMISSINER OF STRATEGIC PLANNING AND COMMISSIONER OF COMMUNITY SERVICES NO. 80 COMPLAINTS-PROVIDING LOANS TO BIG BUSINESS VS SMALL BUSINESS I hereby submit for filing copies of a letter from Malinda Knibbs, owner of The Back Stop and her compliant regarding the Buffalo Economic Renaissance Corp. providing loans to big business while small businesses are dealt with cautiously. REFERRED TO THE SPECIAL COMMITTEE ON MINORITY BUSINESS ENTERPRISE COMMITTEE AND BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 81 MAINTANCE STAFFING-NEIGHBORHOOD PARKS/PLAYGROUNDS Buffalo Economic Renaissance Corp I hereby submit for filing copies of letter from a constituent, Mr. George Winfield regarding his concerns on maintenance and staffing of neighborhood parks and playgrounds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 82 SIGNAL - KENSINGTON/POULTNEY Please late file this item with the Buffalo Common Council so that this item can be discussed at the March 6, 2001 Common Council Meeting. Due to the hazardous condition existing at the intersection of Kensington and Poultney Ave. it is critical that the City of Buffalo resolve the impasse as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSION ON CITIZENS RIGHTS NO. 83 BFP-2ND FLOOR ADDITIONS ED SANDERS UNITY BLDG 2777 BAILEY AVE Please late file enclosed correspondence for Tuesday, March 6, 2001 Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSION ON CITIZENS RIGHTS Page 46 01-0306-ss227.txt No.84 ISSUES - BENNETT VILLAGE TERRACE On behalf of the taxpaying residents of Bennett Village Terrace, I, Chester Kittel President of the Bennett Village Terrace Homeowners and Tenants Association, hearby request to appear before your honorable body to discuss the following crucial issues plaguing our community: 1.The lack of City Services to Tax paying Residents of Bennett Village Terrace. 2. The lack of proper Street Lighting on the back alleyway of Bennett Village Terrace. 3The parking problem on back service road which faces Amherst Garden Apartments. 4.The lack of City cooperation to a request for a one time repair of the back service roads of Bennett Village Terrace. (City Trucks use this road and have contributed to and/or caused the major damage to the service roads.) Bennett Village Terrace is a two block street with adjoining townhouses on the block between Holden and Hill Sts. Bennett Village Terrace is also located behind the Central Park Plaza. We have watched the City of Buffalo pour thousands of public dollars in the development on the Manhattan Apartments and in all areas surrounding Bennett Village Terrace. Bennett Village Terrace was once a thriving, vibrant section of the City in which people were proud to invest ownership in. As Taxpaying citizens, we, the residents of Bennett Village Terrace respectfully request assistance with our constant struggle to keep the value of our neighborhood stable. We eagerly wait to hear from you as to when we may have an opportunity to come before your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 85 REHAB 95 FRANKLIN ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the NYS Environmental Conservation Law. PROJECT#: C617-01-30 LEAD AGENCY: Erie County Department of Public Works NAME OF ACTION: Building/Plaza Rehabilitation for 95 Franklin Street LOCATION: 95 Franklin Street, Buffalo (C), Erie County SEQR STATUS: Unlisted DESCRIPTION OF ACTION: Building/Plaza Rehabilitation of the Franklin Street side of the Edward A. Rath Bldg. Site work to include investigation of sub-structures. Re-design to make the site user-friendly and include snow-melting capabilities. The re-design will reflect the surrounding structure, old County Hall and the new family court house. In accordance with adopted review procedures and the criteria set forth in Part 617, the proposed action described above will not have a significant effect on the environment and a Draft Environmental Impact Statement (DEIS) will not be prepared. Reasons Supporting This Determination: No substantial adverse change in existing air quality, water quality, solid waste production, traffic patterns, or noise levels is anticipated as a result of this action. During construction, (9 weeks) there will be increased noise, Page 47 01-0306-ss227.txt dust, and minor traffic disruptions; however, these will result in small to moderate impacts of limited duration. Due to the nature, size, and location of the proposed action no significant adverse effects on aesthetic, agricultural archaeological historic or other natural or cultural resources are expected. Review of the project characteristics indicates that this use will not affect any significant wildlife, plant, or fish habitats; nor substantially increase the potential for erosion, flooding, or drainage problems. No growth, subsequent development or related activities are expected to be induced by this proposal. All facts and findings of this review are on file at the Department of Environment and Planning, 1Oth Floor, Rath Building, 95 Franklin Street, Buffalo, New York 14202. These files may be examined by the public between the hours of 9:30 a.m. and 4:30 p.m. of any normal operating day. Written comments may be submitted to the Review Coordiator at the same address. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 86 INVITE UKRANIAN SCHOONER TO FRIENDSHIP FESTIVAL TO WHOM IT MAY CONCERN: I HERE BY CERTIFY, That at the 5th Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the Fifteenth day of February A.D., 2001, a Resolution was adopted, of which the following is a true copy.- A RESOLUTION SUBMITTED BY LEGISLATORS OLMA ET AL Whereas: The Ukrainian gaf schooner Batkivschyna, the official tall ship of the Ukraine, is conducting a tour of the Great Lakes this summer and is available to dock in Buffalo during this year's Friendship Festival; and, Whereas: This vessel dubbed the "Sweetheart of Op-Sail" for its courageous efforts to participate in Operation Sail 2000 - the largest maritime event in history, offers tours to teach people about the history of the Ukrainian nation and its recent successful fight for independence; and, Whereas: In addition to the historical education that the Batkivschyna offers to its visitors, the tall ship also serves as a focal point for the Children of Chernobyl Relief Fund." The fund has raised thousands of dollars for the creation of a neo-natal intensive care unit that serves the families that are still affected by the radiation released in the Chernobyl Disaster. Now, Therefore Be It Resolved: The Erie County Legislature recognize that a major part of the Friendship Festival is the celebration of the United States independence and as such we should welcome and celebrate with representatives from nations that have similarly won their independence; and, Be It Further Resolved: On behalf of the citizens of the Erie County and the large number of persons of Ukrainian descent on both sides of the US/Canadian border, the Erie County Legislature would like to extend an invitation to the Ukrainian gaf schooner Batkivschyna to attend this year's Friendship Festival. In addition, the Erie County Legislature respectively requests Page 48 01-0306-ss227.txt that the Erie County Executive as well as the organizers of the Friendship Festival formally invite the tall ship to participate in this year's Friendship Festival. RECEIVED AND FILED NO. 87 CONCERNS- WORKFORCE PARTICIPATION ADELPHIA PROJECT PERCENTAGES The Buffalo News published an article on February 16, 2001 suggesting a near agreement between the City of Buffalo and Adelphia Communications of a 125 million dollar construction project. It was indicated that "a memorandum of understanding" goes to the common council and the county legislature today. The Mayor of Buffalo, it said, announced "an important breakthrough was over affirmative action goals. Adelphia agreed to a city demand for a goal of having a 15% minority and 5% female work force for the construction of the facility. The Coalition for Employment and Economic Development (CEED) find these proposed workforce participation percentages outrageous and regressive. Prior to and since the construction of Roswell Park Cancer Institute facility the CEED organization has advocated workforce and subcontracts goals of 25% and negotiated such with the state of New York. The goal was successfully achieved at Roswell. Other construction projects where a 25% participation goal was obtained include: GoalAchieved HSBC Arena25%26% Rich Stadium25%26% Public Schools25%32% Bflo/Niagara Airport25%27% Roswell Park 25% 28% Of note is the Building Trades President Daniel Boody, who has consistently supported a 25% workforce participation goals and is signature to agreements as such. Although the 25% goal negotiated between CEED and the building trades was to induce community support of the project labor agreement, the goal reflects consideration of the Buffalo's minority community. To retrogress to less than 25% would be an affront to African Americans, Hispanics and the female constituency. CEED demands the common council not approve an agreement to construct with participation goals less than 25%. We stand ready to assist the common council and the city in the hammering out of a respectable EEO/AA strategy with respect to the proposed Adelphia Communications facility. REFERRED TO THE TASK FORCE ON STADIUM AND AUDITORIUM NO. 88 ALTERNATE PARKING ALLENTOWN AREA Please file the attached item on behalf of Mr. Phillip W. Holmes for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. This morning I had a hearing in City Hall concerning parking tickets I received in November. I was following the new alternate parking ordinance which was reported in the 11/4/00 edition of the Buffalo News. The article did not make Page 49 01-0306-ss227.txt it clear that we were to follow the old rule until the signs were changed. My concern is this: During the hearing, I was shown a list of streets on which the signs have been changed. The list appeared to be only eight or ten streets long. it has now been four months, one third of a year, and they have changed the signs on only a tiny percentage of the city streets. The article stated that the change would take a year; at the current rate, it will take many years. I fear that little priority is being given to this project which is of huge importance to those of us who live in the Allentown area. The vast majority of us have neither a garage nor a parking pad and are forced thereby to park in the street. Because we are close to downtown, many people walk to work and cannot be present to move their cars at 4:00 p.m. on Wednesday. I am requesting that this project be given the priority that it deserves and that the older parts of the city where few people have garages be given particular priority. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL PETITIONS NO. 89 K. PRATT, OWNER, USE 922 AKA 926 MAIN FOR RESTAURANT. (HRG. 03/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL NO. 90 M. HANKS, AGENT, USE 352 KENMORE AVENUE FOR ILLUMINATED POLEIWALL SIGNS (HRG. 03/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL NO. 91 D. DOMINO, AGENT, USE 3172 MAIN ST. FOR TAKE OUT/SIT IN RESTAURANT (HRG. 03/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 92 V. HANLEY, AGENT, USE 24 AGASSIZ (MEDAILLE COLLEGE) FOR POLE SIGN/VAR. GROUND SIGNS (HRG. 03/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 93 R. CHAINANI, OWNER, USE 1116-20 ELMWOOD FOR A TAKE OUT RESTAURANT (HRG. 03/13/01) Page 50 01-0306-ss227.txt REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 94 S. A. HERBERT & O-SUPPORT FREE PKG. FOR DISABLED/HANDICAPPED PERSONS 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 95 G. TURNER & O-SUPPORT RETENTION OF FREE PARKING FOR DISABLED/HANDICAPPED PERSONS We, the residents of Buffalo and the immediate surrounding areas do hereby demand that the City of Buffalo retain disabled parking free of charge at coin operated meters. We support the EZ Pass alternative only if the fees for the disabled are (sic) waived. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 96 J. MINTER & O-SUPPORT PROJECT LABOR AGREEMENT Attached please find copies of a petition from 19 minority construction workers supporting a Project Labor Agreement. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 97 FAIRNESS-AFR./AM. MRS.-PUBLIC WORKS/STREETS DIV. (HR) (CCP#52-FEB. 20, 01) Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 98 APPT.-DIRECTOR OF PERSONNEL (REVISED) (HR) (CCP#54-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 APPOINTMENT SR. CELLBLOCK ATTENDANT (INTER) (POL.) (ITEM NO. 39-C.C.P. FEB. 20, 2001) Page 51 01-0306-ss227.txt That Communication 39, Feb. 20, 2001 be received and filed and the contingent Permanent appointment of Raymond D. Lysarz stated above at the intermediate salary of $27,509 effective on February 12, 2001 is hereby approved, PASSED AYES-12. NOES-0. NO. 100 APPT. -FIRE LT. (MAX) (FIRE) (CCP#40-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 APPT.-FIRE LT. (MAX) (PERM. CONT.) (FIRE) (CCP#41-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES-BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON & WILLIAMS-11. NOES-FISHER-1. NO. 102 APPT.-FIRE CAPTAIN (MAX) (FIRE) That the above item be and the same hereby is received and filed- ADOPTED AYES-BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON & WILLIAMS-11. NOES-FISHER-1. NO. 103 APPT.-FIRE CAPTAIN (MAX) (PERM. CONT.) (FIRE) (CCP#43-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CLK) (CCP#67-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 105 CHANGE IN CONTRACT - KLEINHANS MUSIC HALL RESTORATION (ITEM NO. 26, C.C.P., FEB. 6, 2001) (ITEM NO. 103, C. C. P., FEB. 20, 2001) That the above item be and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Gianadda Construction Corp., an increase in the amount of $71,907.00, as more fully described in the Page 52 01-0306-ss227.txt above communication, for work relating to Kleinhans Music Hall Restoration, Phase 9A - Lounge, General Construction, C #92010251. Funds for this project are available in CPF 34322206-445100 -Division of Buildings. PASSED AYES-12. NOES-0. NO. 106 RESULTS OF NEGOTIATIONS - 2 10 HUDSON STREET (ITEM NO. 18, C. C.P., FEB. 20, 2001) That the offer from Mr. Emmanuel Ramos, residing at 203 Hudson Street, in the sum of Three Thousand and Five Hundred Dollars ($3,500.00) for the sale of 210 Hudson Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-12. NOES-0. NO. 107 RESULTS OF NEGOTIATIONS - 518 EAST UTICA STREET (ITEM NO. 8, C.C.P., FEB. 6, 2001) That the offer from Ms. Claudia Moguel, residing at 522 East Utica Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 518 East Utica Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-12. NOES-0. NO. 108 RESULTS OF NEGOTIATIONS - 15 B AND 17 B STREET (ITEM NO. 7, C.C.P., JAN. 9, 2001) That the offer from Mr. Steve Patrick, residing at 19 B Street, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the sale of 15 and 17 B Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Page 53 01-0306-ss227.txt AYES-12. NOES-0. NO. 109 RESULTS OF NEGOTIATIONS - 936 EAST DELAVAN AVENUE (ITEM NO. 13, C. C. P., JAN. 23, 2001) That the offer from Mr. Raymond P. Kelly and Mr. Daniel M. O'Donnell, residing at 156 Seneca Street, Lancaster, New York, in the sum of Eight Hundred Dollars ($800.00) for the sale of 936 East Delavan Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES-12. NOES-0. NO. 110 RESULTS OF NEGOTIATIONS - 1201 EAST FERRY STREET (ITEM NO. 14, C.C.P., JAN. 23, 2001) That the offer from Mrs. Ruby Culverhouse, residing at 138 Colorado Street, in the sum of Eight Hundred and Fifty Dollars ($850.00) for the sale of 1201 East Ferry Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, ill accordance with the terms of sale upon which the offer was submitted. Passed. AYES-12. NOES-0. NO. 111 CERTIORARI PROCEEDINGS - 289 COMMONWEALTH AVENUE - JOHN J. FERLICCA (ITEM NO. 21, C.C.P., FEB. 6, 2001) That the Corporation Counsel be, and he hereby is authorized to settle the 2000-01 certiorari proceeding on 289 Commonwealth Avenue by reducing the assessment from $82,000 to $70,000. Passed. AYES-12. NOES-0. NO. 112 M. HUNT, DONATE, VAC. PARCEL-KENSINGTON/FILLMORE (CP) (CCP#32-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 54 01-0306-ss227.txt NO. 113 DONATE VACANT LAND AT 355 KENSINGTON AVENUE (ITEM NO. 15, C. C. P., FEB. 20, 2001) That the donation of 355 Kensington Avenue from M. Hunt, be and hereby is accepted; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Passed. AYES-12. NOES-0. NO. 114 WATER SVS. BILLINGS (CCP#183-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 WATER SVS. BILLINGS (SIC) (PW) (CCP#37-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 B. GRANT-D. MEYER-CONCERNS-TREE-305 LASALLE AVE. (CCP#76-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 RPT. OF AUDIT-DIV. OF PERMITS (COMPT.) (CCP#12-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 RPT. OF AUDIT-PERMITS DIVISION (PERMITS/INSP.) (CCP#46-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) INO. 119 C. HAYDEN, PETITION TO USE 471 E. FERRY STREET - ILLUMINATED POLE SIGN (ITEM NO. 88, C.C.P., FEB. 20, 2001) That after the public hearing before the Committee on Legislation on February 27, 2001, the petition of C. Hayden, agent, for permission to use 471 E. Ferry Street for an illuminated pole sign be, and hereby is approved. PASSED AYES -12 NOES - 0 Page 55 01-0306-ss227.txt NO. 120 ORDINANCE AMENDMENT CHAPTER 96-19 BONDS & CONTRACTS (ITEM NO. 174, C.C.P., FEB. 23, 2001) That the above item be, and the same hereby is, referred to the Committee on Budget. ADOPTED NO. 121 APPTS.-CIT. FUNDING REVIEW CRATE. (CP) (CCP#9-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 APPT.-DIRECTOR OF SENIOR SERVICES (COMM. SVS.) (CCP#53-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 AMENDMENT TRAFFIC ORD. - REMOVE FREE PARKING DISABLED (ITEM NO. 33, C.C.P., OCT. 3, 2000) (ITEM NO. 129, C.C.P., FEB. 20, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 124 EPARK SYSTEM-REQ. FORMATION OF COMMITTEE (COM. SVS.) (CCP#72-OCT. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 A. ROSEN-PKG. PARTNERSHIP PROPOSAL-E. PARK SYSTEM (CCP#87-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 L, WRIGHT-REQ. REINSTALL. TRAFFIC LIGHT-POULTNEY/KENSINGTON (CCP#94-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 J BALCARCZYK & O-REQ. VARIANCE ON PKG. RESTRICTIONS ON LELAND AVE. (CCP# 107-OCT. 3 1, 00) Page 56 01-0306-ss227.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 128 NOTIF SERIAL 9252-9255-PKG. METERS-FOREST AVE. (PW) (CCP#28-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 SECONDHAND DEALER - 146 ELMWOOD AVENUE (ITEM NO. 47, C. C.P., FEB. 20, 2001) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Alice J. Dudko, d/b/a Alice's Attic located at 146 Elmwood Avenue. PASSED AYES -12 NOES - 0 NO. 130 USED CAR DEALER LICENSE - 2 292 BAILEY AVENUE (ITEM NO. 74, C.C.P., JAN. 23, 2001) (ITEM NO. 13 2, C. C.P., FEB. 20, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Mohamed Elganna d/b/a Elganna's Auto Sales, located at 2292 Bailey Avenue. PASSED AYES -12 NOES - 0 NO. 131 USED CAR DEALER LICENSE - 168 WALDEN AVENUE (ITEM NO. 3 7, C. C.P., NOV. 28, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to David Pliszka d/b/a Phi's Garage, located at 168 Walden Avenue. PASSED AYES -12 NOES - 0 NO. 132 USED CAR DEALER LICENSE - 356 PADEREWSKI (ITEM NO. 76, C. C.P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Dennis Nowaczewski d/b/a A & D Auto Repair Service, located at 356 Paderewski. PASSED AYES - COPPOLA, FONTANA, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS - 7 NOES - BONAFACIO, Page 57 01-0306-ss227.txt ELLINGTON, FISHER, GOLOMBEK, GRANT - 5 NO. 133 REQ. DEV. COMPREHENSIVE STREET CLEANING PLAN (CCP#192-JAN. 23, 01) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 134 REQ. DEV. COMPREHENSIVE STREET CLEANING PLAN (PW) (CCP#34-FEB. 20, 01) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 135 M. KUZMA-S. INTERDONATO-CONEMS-DEMO.-153 PEACH (CCP#78-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 C. PRATT-INCIDENT AT BROADWAY MARKET (CCP#83-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 ASSIGNMENT MANUAL STREET SWEEPER/CLEANER(LABORER) (CCP# 181 FEB 20,01) That the above item be and the same Committee on Finance ADOPTED COMMUNITED DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 138 B. BOYER, BUFFALO/NIAGARA RIVERS GREENWAY TRAIL BUILD OUT (ITEM NO. 69, C. C.P., FEB. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 139 IRON MOUNTAIN SETTLEMENT (ITEM NO. 44, C. C.R, FEB. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Common Council has reviewed the Full Environmental Assessment Form for the reconfigured Iron Mountain Records Management, Inc. C'IMRM") expansion, public comments received and other relevant documentation Page 58 01-0306-ss227.txt in light of the environmental criteria prescribed by SEQRA; and That the Common Council hereby adopts the attached Negative Declaration reflecting that IMRM's reconfigured expansion will not constitute an action posing a significant adverse impact on the environment; and That the Corporation Counsel be, and he hereby is authorized to settle the pending Litigation through the execution of a Consent Decree; and That the Director of Real Estate be, and he hereby is authorized to acquire the IMRM-owned properties constituting approximately 2.4 acres on the North of Bailey Avenue, .9 acres along the river bank behind the proposed expansion, and . I acre along Bailey in front of the proposed expansion to facilitate parking and to transfer to RVIRM the portion of Old Bailey Avenue necessary for its expansion project; and That the Common Council does hereby approve LVIRM's application for a Restricted Use Permit pursuant to the Buffalo Coastal Special Review District requirements of Section 511-67 of the City of Buffalo Code, subject to IMRM's compliance with building code and other applicable requirements; and That the Corporation Counsel be, and he hereby is authorized to make an application for NYS 1996 Environmental Quality Bond Act for 50% reimbursement of Parkland acquisition, with the understanding that all unreimbursed cost will be provided by BERC - South Buffalo Redevelopment Project Please be advised that the Buffalo Economic Renaissance Corporation (BERC) has identified $60,000 from the South Buffalo Redevelopment Project (Union Ship Canal) -Capital Budget 1999-2000 for the Iron Mountain settlement with the Friends of the Buffalo River. The identification of these funds will cover the City of Buffalo's costs associated with facilitating the settlement. Thank you. PASSED AYES -12 NOES - 0 NO. 140 B. WILLIAMS-T. PETTIGREW-REQ. HOMESTEAD LOT-254 LEMON ST. (CCP#91-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 RESP.-REQ. HOMESTEAD-254 LEMON ST. (STRAT. PL.) (CCP#17-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 D. PENMAN/M.J. PETERSON-BFLO. HOME OWNERSHIP ZONE (CCP#96-OCT. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 59 01-0306-ss227.txt NO. 143 TRANSFER OF TITLE, URBAN HOMESTEAD - 44 BOX AVENUE (ITEM NO. 15, C.C.P., DEC. 12, 2000) (ITEM NO. 143, C. C.P., FEB. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 144 TRANSFER OF TITLE, URBAN HOMESTEAD - 503 FILLMORE AVENUE (ITEM NO. 17, C.C.P., JAN. 23, 2001) (ITEM NO. 144, C. C.P., FEB. 20, 200 1) 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 503 Fillmore Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Andrew T. Rusiniak, residing al. 501 Fillmore 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. 145 TRANSFER OF TITLE, URBAN HOMESTEAD - 1399 NFICHIGAN AVENUE: (ITEM NO. 23, C.C.P., SEP. 19, 2000) (ITEM NO. 147, C. C.P., FEB. 20, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 146 TRANSFER OF TITLE, URBAN HOMESTEAD - 253 SWEET AVENUE (ITEM NO. 20, C. C.P., DEC. 12, 2000) (ITEM NO. 148, C.C.P., FEB. 20, 200 1) 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 253 Sweet Avenue, its hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. David North, residing at 251 Sweet 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. 147 Page 60 01-0306-ss227.txt TRANSFER OF TITLE, URBAN HOMESTEAD - 322 SWEET AVENUE (ITEM NO. 18, C.C.P., JAN. 23, 2001) (ITEM NO. 149, C.C.P., FEB. 20, 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 322 Sweet Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Richard C. Gawron and Mrs. Suzanne L. Gawron, residing at 324 Sweet 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. 148 TRANSFER OF TITLE, URBAN HOMESTEAD - 389 SWEET AVENUE (ITEM NO. 24, C.C.P., OCT. 31, 2000) (ITEM NO. 150, C. C.P., FEB. 20, 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 389 Sweet Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Abdullah Abdul-Haqq, residing at 387 Sweet 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. 149 L. CAUDLE, CONERNS-LACK OF GRANTS/LOANS-ASSIST.-SM. BUS. W/UTIL. COSTS (CCP#88-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 M. FERDMAN-REQ. BERC RECOGN.-NEIGH. BUS. DIST.-CREATE JOBS (CCP#72-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 REQ. QUICK/THOROUGH CLEANUP-383 BABCOCK ST. (STRAT. PL.) (CCP#10-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 Page 61 01-0306-ss227.txt REQ. QUICK CLEANUP-383 BABCOCK (PW) (CCP#49-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 REQ. CLEANUP-383 BABCOCK ST. (FIRE PREV.) (CCP#68-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 REQ. CLEANUP-383 BABCOCK ST. (DIS. PREP.) (CCP#69-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 REQ. QUICK CLEANUP-383 BABCOCK ST. (PERMITS) (CCP#72-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 REQ. QUICK CLEANUP-383 BABCOCK ST. (ENV. MGMT.) (CCP#5-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 REQ. QUICK/THOROUGH CLEANUP-383 BABCOCK ST. (STRAT. PL.) (CCP# 11-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 STUART ALEXANDER (LAW) (CCP#38-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 STUART ALEXANDER CONSULTANT SVS. (LAW) (CCP#39-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 G. BROWN-RESP. CONSULTANT SVS. CONTRACT (BMHA) (CCP#50-OCT. 17, 00) That the above item be and the same hereby is received and filed. Page 62 01-0306-ss227.txt ADOPTED NO. 161 STUART ALEXANDER & ASSOCIATES CONTRACT WITH BNRC (STRAT. PL.) (CCP#22-OCT. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 STUART ALEXANDER & ASSN.-CONTRACT WITH BNRC (COMPT.) (CCP#27-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 STUART ALEXANDER & ASSN. -CONTRACT WITH BNRC (COMPT.) (CCP#28-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 STUART ALEXANDER INVOICES (LAW) (CCP#60-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 STUART ALEXANDER & ASSOCIATES-CONTRACT W/BNRC (CP) (CCP#19-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 STUART ALEXANDER & ASSOCIATES-CONTRACT W/BNRC (COMPT.) (CCP#25-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 STUART ALEXANDER & ASSOCIATES-CONTRACT W/BNRC (COMPT) (CCP#25-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 REQ.-CONTRACT-ERIC MOWER & ASSOCIATES (CP) (CCP#35-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 63 01-0306-ss227.txt NO. 169 B. MCDUFFIE-URB. LEAGUE-BROADWAY FILLMORE WORK FORCE DEV. PROG. (#85, 3/21) (CCP#158-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 REQ.-CONTRACT- ELLINGTON, ETC.-BROADWAY FILLMORE WORK FORCE DEV. PROGR. (CD) (#41, 4/4) (CCP#159-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 INFO. -APPT. -DIRECTOR FOR YOUTH OPPORTUNITY PROGRAM (COM. SVS.) (CCP#52-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 G. CLARK-ESTIMATE FOR VAN (CCP#53-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 EST. SUPERMKT.-WM. GAITER PKWY. NEAR KENS. AVE. (BERC) (CCP#68-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED. EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 174 L. RENFORD- SHOOTING AT SCHOOL #61 (BD. ED.) (CCP#77-OCT. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 C. FISHER, N. ANDERSON-COMPLAINT-LANG. -BUS DRIVER-HILLARY PK. #916 (CCP#92-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 E. WILSON-CONCERNS-GANG MEMBER HARASSMENT (CCP#86-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 64 01-0306-ss227.txt POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 177 DRUG ASSET FORFEITURE CHECKS RECEIVED (POL) (CCP#37-DEC. 26, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 STRIP SEARCHES (POL) (CCP#58-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 UNDERSTAFFING OF LAW ENF OFFICERS-MASTEN DIST. (CCP#194-JAN. 23, 01) Mr. Bonifacio moved that the above item be recommitted to the Committee on Police Reorganization. ADOPTED. NO. 180 UNDERSTAFFING OF LAW ENF OFFICERS-MASTEN DIST. (POL.) (CCP#43-FEB. 6, 2001) Mr. Bonifacio moved that the above item be recommitted to the Committee on Police Reorganization. ADOPTED. SNOW REMOVAL TASK FORCE (Charley H. Fisher, III, Chairman) NO.181 A "WALKABLE" BUFFALO (ITEM NO. 201, C. C. P., FEB. 6, 200 1) That the Common Council hereby requests the Bureau of Administrative Adjudication, the Mayor's Impact Team, the Department of Public Works, Parks & Streets, and the Law Department to respond to the issues as listed in the above mentioned communication and forward suggestions on making the City of Buffalo a more "walkable" city; and That this Honorable Body upon the coordinated development of the above mentioned program as listed in the above communication by the City of Buffalo departments, requests that the Mayor's Impact Team work with the Neighborhood Block Clubs to identify properties in need of snow removal assistance; and That the Mayor's Impact Team and Neighborhood Block Clubs, after identifying properties in need of snow removal assistance, develop a schedule for designated snow removal initiative through-out the City of Buffalo between these two (2) entities; and That the Common Council requests the Bureau of Administrative Adjudication, the Mayor's Impact Team, the Department of Public Works, Parks & Streets, and the Corporation Counsel to attend the March 5, 2001, 10: 00 a.m., Snow Removal Task Force Meeting, in Room 1417, to discuss the raised concerns. ADOPTED Page 65 01-0306-ss227.txt RESOLUTIONS NO. 182 BY: MR. COPPOIA AND MR. FISHER MEDICAL BENEFITS FOR SEASONAL EMPLOYEES Whereas: Seasonal employees working for the City of Buffalo are not offered, nor do they have the ability to receive, medical benefits from the City of Buffalo; and Whereas: The cost of medical benefits, individual or family coverage, outside of any group plan, is extremely expensive and creates a hardship on those employees; and Whereas Many employees view a benefits package as just as important, if not more important, than their salaries; and Whereas If the City of Buffalo were to allow seasonal employees the opportunity to receive medical coverage, at full cost to them, under the City's plan; and Whereas: The City of Buffalo would deduct the appropriate amount, to cover its costs, from the employee's salary; and Whereas This should help to elevate some of the hardship of not having medical benefits, as well as, give seasonal employees more of an incentive to continue employment with the City of Buffalo, and Whereas Offering medical benefits can also prove to be beneficial to the City of Buffalo as an employer, as to lower the percentage of seasonal employees who resign each year to take a position that offers such benefits. Now, Therefore, Be It Resolved: The Common Council requests the Commissioner of Human Resources, the Commissioner of Administration & Finance, and the Civil Service Department to file a response to this resolution with the City Clerk. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CITY CLERK NO. 183 BY: MRS. GRANT CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 2000-2001 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2000-2001 be and the same is hereby amended by adding the following item, under the heading: Capital Projects Public Works, Parks & Streets City share of new sports field at Emerson Park $250,000 PASSED AYES -12 NOES - 0 NO. 184 BY: MRS. GRANT CAPITAL BUDGET AMENDMENT Addition to Capital Program 2000-2001 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2000-2001 be and the same is hereby amended by adding the following item under the heading: Capital Projects$1,650,000 Public Works, Parks & Streets Page 66 01-0306-ss227.txt Acquisition/Construction North District Community Center Related Action: Rescind: 2000-2001 Infrastructure Austin Street Development $1,500,000 Closeout: 1999-2000 Rehabilitation Jubilee Community Center BALANCE PASSED AYES -12 NOES - 0 NO. 185 BY: MRS. GRANT TRANSFER OF FUNDS COMMON COUNCIL 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 $2,534 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: 10 109001-411001 Councilmember #8 Annual Salary $2,534 To: 10102001- 412002 Common Council, Legislative, Hourly Salary $2,534 PASSED AYES -12 NOES - 0 NO. 186 BY: MRS. GRANT TRANSFER OF FUNDS DIVISION OF ENGINEERING TOWING AND STORAGE OPERATIONS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Division of Engineering and said sum is hereby reappropriated as set forth below: From: 13100006 - Engineering Division Administrative Services 480000 - Other $20,000 To: 11412006 - Towing and Storage Operations 480000 - Other (Storm related towing expense) $20,000 PASSED AYES -12 NOES - 0 NO. 187 BY: MRS. LOTEMPIO THE JOINT SCHOOLS CONSTRUCTION BOARD WHEREAS, in September 1998, the Common Council of the City of Buffalo and the Board of Education of the City of Buffalo adopted resolutions authorizing the creation of the Joint Schools Construction Board ("JSCB") to manage and oversee the financing and construction of new educational facilities for the City; and WHEREAS, in December 2000, the State of New York enacted The City of Buffalo and the Board of Education of the City School District of the City of Buffalo Cooperative School Construction Act (sometimes referred to herein as the special enabling act) to enable the Joint Schools Construction Board to pursue innovative means and methods to finance and build state-of -the art educational Page 67 01-0306-ss227.txt facilities in our City, and WHEREAS, pursuant to that legislation, the New York State Education Department has determined to fund a comprehensive program comprising the reconstruction of the City's existing schools as well as the construction of new schools so as to assure all children in Buffalo the opportunity to learn and prepare for their futures in supportive, attractive and functional physical environments, and WHEREAS, although the resolutions and legislation that established the JSCB did not expressly refer to the reconstruction of existing schools, the JSC13 is in the best position to coordinate the utilization of necessary and available resources of the City and the Board of Education throughout the reconstruction and new construction program, and WHEREAS, the Board of Education and the Common Council have reviewed the activities and accomplishments of the JSC13 during its initial three year term of existence and find that in view of the JSCB's success in facilitating a positive and constructive collaboration between the Buffalo Board of Education and the City of Buffalo, it is in the public interest to continue its existence during the proposed new construction and reconstruction program; NOW THEREFORE BE IT RESOLVED, That the City of Buffalo and the Board of Education shall, through the JSCB, cooperate to the fullest extent possible in implementing the reconstruction of existing schools in our City pursuant to a plan and schedule approved by the Board of Education and the New York State Department of Education; and BE IT FURTHER RESOLVED, That the JSCB shall be responsible for the comprehensive construction and reconstruction program as authorized by the New York State Education Department and the special enabling act as it may be amended from time to time; and BE IT FURTHER RESOLVED, That the JSC13 shall continue in existence for a period of ten years or until the completion of the current reconstruction and construction program, and BE IT FURTHER RESOLVED, That the JSCB shall report on the status of the construction program to the Board of Education and the Common Council no less frequently than every six months; and BE IT FINALLY RESOLVED, That the Corporation Counsel and general counsel of the JSCB are hereby authorized to prepare and pursue appropriate amendments of the City Charter, State enabling legislation and intermunicipal agreements to effectuate the intent of this Resolution and to clarify as necessary, the ability of the JSCB to implement the comprehensive program authorized by the New York State Education Department. REFERRED TO THE COMMITTEE ON EDUCATION NO. 188 BY: MRS. LOTEMPIO RE: ORDINANCE AMENDMENT CHAPTER 96 - BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 96-19 of Chapter 96 of the Code of the City of Buffalo be amended to read as follows: Page 68 01-0306-ss227.txt 96-19. Service contracts for food service employees; janitorial employees, security guards, parking attendants, landscaping employees, clerical employees and waste management employees; living wage. A.Legislative determination of intent. (1) The city awards many contracts to private firms to provide services to the public And to city government. Experience indicates that procurement by contract o C services has all too often resulted in the payment by service contractors to their employees of wages at or slightly above the minimum required by federal and state minimum wage laws. Such minimal compensation tends to inhibit the quantity and quality of services rendered by such employees to the city and to the public. Underpaying employees in this way fosters high turnover, absenteeism and lackluster performance. Conversely, adequate compensation promotes amelioration of these undesirable conditions. Through this section, the city intends to require service contractors to provide a minimum level of compensation that will improve the level of services rendered to and for the city. (2) The inadequate compensation typically paid today also fails to provide service employees with resources sufficient to afford life in the City of Buffalo. It is unacceptable that contracting decisions involving the expenditure of city funds could foster conditions placing a burden on limited social services. (3) The City of Buffalo has a limited amount of taxpayer resources to expend; and even in promising economic times, far too many working Buffalo residents and their families live below or near the poverty line. (4) Due to strict new time limits on public assistance, access to family- supporting jobs in Buffalo is especially crucial, and as a result of new work requirements imposed by welfare reform, the influx of former welfare recipients into low-wage labor market is projected to lower these workers' wages. (5) The use of taxpayer dollars to promote sustenance and create family-supporting jobs will increase consumer income while decreasing levels of poverty. In the City of Buffalo, new homeowners contribute additional property tax revenue while spending more money in our city economy at neighborhood businesses. Additionally desperate neighborhoods overly dependent on low-wage jobs are blessed with a decrease in crime, given the compelling relationship between crime statistics and low-wage work. And, for Buffalo students facing tougher educational standards, ending the poverty cycle is imperative; presently many of Buffalo's school children are so poor that they qualify for free school lunches and/or breakfasts. No child can learn while hungry, and hunger is the first result of debilitating poverty. (6) In addition, on a region-wide basis, living-wage legislation may benefit the larger community by reducing reliance on taxpayer-funded public assistance such as food stamps, Medicaid, emergency medical services and other social programs provided by the Erie County government. (7) Community organizations, religious leaders, union members and other Buffalo residents have organized together and proposed a policy reflected in this section. B. Title and purpose: Buffalo Living Wage Ordinance. (1) This section shall be known as the "Buffalo Living Wage Ordinance." Page 69 01-0306-ss227.txt (2) The purpose of this section is to assure that employees of substantial city contractors and subcontractors provided by the City earn an hourly wag that is sufficient for a family of three to live at or above the federal poverty level. C. Definitions. The following definitions shall apply throughout this section: CITY -- The City of Buffalo. CONTRACT -- Any written agreement whereby the City is obligated to expend or does expend funds in connection with any contract or subcontract, including but not limited to hotel employees; restaurant, food service or banquet employees; janitorial employees; security guards; parking attendants; nonprofessional health-care employees; gardeners; clerical employees; waste management employees. CONTRACTING AGENCY -- A City board, commission, bureau, division, department or other office, position, administration, institution or agency of city government, the expenses of which are paid in whole or in part from the city general fund. CONTRACTOR -- Any person that enters into a service contract with the city. COVERED EMPLOYEE and/or EMPLOYEE -- A person employed, either part-time or full-time, by a covered employer in, on or for the project or matter subject to the contract; provided, however, that persons who are employed in construction work covered pursuant to federal or state prevailing wage laws shall be exempt from this section. This definition shall include any person who is employed (including fulfilling a work requirement under the Family Assistance or Safety Net Program ) as a service employee of a contractor or subcontractor on or under the authority of one or more service contracts and who expends any of his or her time thereon, including but not limited to food-service employees, janitorial employees, security guards, parking attendants, landscaping employees, clerical employees and waste management employees. COVERED EMPLOYER -- The City of Buffalo or [A]any person who is a contractor or subcontractor directly involved in providing a covered service to the City of Buffalo. NOT-FOR-PROFIT ORGANIZATION -- A corporation having tax exempt status under Section 5 01 (c)(3) of the United States Internal Revenue Code and recognized under New York State Not-For-Profit Corporation Law. PERSON -- One or more of the following or their agents, employees, representatives and legal representatives: individuals, corporations, partnership, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law by this city. SERVICE CONTRACT.and/or COVERED SERVICE -- A contract let to a contractor by the city primarily for furnishing services to or for the city (as opposed to the purchase of goods or other property or the leasing of property) and that involves an expenditure in excess of $50,000 to an employer of at least 10 employees. SUBCONTRACTOR -- Any person, other than an employee, that enters into a contract with a contractor to assist the primary contractor in performing a service contract. D.Living wage. (1) Applicability. Covered employers shall pay no less than a living wage to their covered employees; provided that, in the Page 70 01-0306-ss227.txt case of employees performing nonconstruction work that is covered by state or local living wage laws, covered employers shall pay the greater of a family- supporting wage or said living wage for nonconstruction work. (2) Amount of wage. The living wage shall be calculated on an hourly basis and shall be phased in over a period of three years. With health benefits, the living wage rate shall be $6.22 (year 2000); $7.15 (year 2001); $8.08 (year 2002). Without health benefits, the living wage rate shall be $7.22 (year 2000); $8.15 (year 2001); $9.08 (year 2002). (3) Re-evaluation period. This section shall be revisited at the end of year 2002 to reevaluate the living wage legislation. The amount of the living wage may be adjusted at that time to reflect existing economic conditions. (4) No reduction in collective bargaining wage rates. Nothing in this section shall be read to require or authorize any covered employer to reduce wages set by a collective bargaining agreement or required under any prevailing wage. (5) Notifying employees of their potential right to federal earned income credit. Employers shall inform employees making less than $12 per hour of their possible right to the Federal Earned Income Credit (EIC) under Section 32 of the Internal Revenue Code of 1954, 26 U.S.C. 32, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the employer. E.Employer responsibility, compliance and sanctions. (1) Notice of application for contract. Any and all contracts or agreements to provide a contract shall be void, and no contract shall be awarded, unless at least 21 days before the contract is awarded or an agreement to provide a contract is signed, the covered employer files with the Office of Contract Compliance a publicly available application for contract which shall include the following: (a) The name, address and phone number of both the prospective covered employer and, if different, the specific project for which the contract is sought. (b) A description of the project or service for which the contract is sought. (c) A statement of projected number of employees, by classification, under the prospective contract. (d) A statement of the projected wage levels of all covered employees in each of the years for which contract is sought. (e) A written commitment to pay all covered employees a living wage as defined by this section. (2) Quarterly reports from covered employers. Covered employers shah provide publicly available quarterly reports, to the Office of Contract Compliance, of their employment activities, including the name, address, classification, period of employment and wage rate of covered employees hired and laid off. (3) Compliance, enforcement and sanctions. (a) Covered employer cooperation. The covered employer shall permit representatives from applicable departments to observe work being performed at, in or on the project or matter for which the covered employer has received a contract, to interview Employees, and to examine the books and records Page 71 01-0306-ss227.txt of the covered employer relating to employment and payroll to determine if the covered employer is in compliance with the provisions of this section. (b) Posting. Every employer shall post and keep in conspicuous places on its premises, where notices to employees and applicants for employment are customarily posted, two copies of this section or other materials designed by regulation, informing employees of their rights under this section. (c) Grievance procedure. An employee who believes that his or her employer is not complying with requirements of this section has the right to file a complaint with the Office of contract Compliance. Complaints by covered employees of alleged violations may be made at any time and shall be investigated promptly by the Office of Contract Compliance. Written and oral statements made by an employee shall be treated as confidential and shall not be disclosed to the covered employer without the consent of the employee. (d) Duties of Office of Contract Compliance. [1) It shall be the responsibility of the Office of Contract Compliance to examine payrolls as necessary to determine compliance and cause investigations to be made, as necessary, to monitor compliance with the provisions of the section. [2] The Office of Contract Compliance shall promptly cause investigations to be made into complaints alleging noncompliance by covered employers. The Office of Contract Compliance may, in conjunction with the Common Council, in accordance with the powers herein granted, require the production by the employer of such evidence as required to determine compliance. (e) Covered employer may dispute finding of noncompliance. A covered employer may dispute a finding of noncompliance by requesting a hearing with the Office of Contract Compliance, the department head of the appropriate city department, representative of the Common Council and Office of the Comptroller to present evidence. A covered employer that chooses not to call for such a hearing effectively waives the right to dispute the initial finding of noncompliance. (f)Sanctions. [1] A covered employer found to be in violation of this section shall be sanctioned by one or more of the following: [a] Withholding payment of any amount due. [b] Wage restitution for each affected employee. [c] Suspension or termination of ongoing contracts. [d] Ineligibility for further city contracts for up to three years or until all penalties and restitution have been paid in full. [2] All such sanctions recommended and imposed will be a matter of public record. (g) Retaliation and discrimination barred. A covered employer shall not discharge, reduce the compensation of or otherwise discriminate against any employee for making a complaint, otherwise asserting his or her rights under this section, or Page 72 01-0306-ss227.txt participating in any of its proceedings. The city shall investigate allegations of retaliation or discrimination and shall, if found to be true, after notice and hearing, order appropriate relief, including restitution and reinstatement of a discharged employee with back pay to the date of the violation. (h) Nothing contained herein shall operate to impair any existing contracts, except that renewal, amendment or modification of such contracts occurring on or after the enactment of this provision shall be subject to the conditions specified in this section. F.Exemptions. (1) Grounds for granting exemptions. The Mayor may request that the Common Council grant a partial or whole exemption to the requirements of this section. (a) General exemption. Exemptions may be granted where application of this section to a particular contract is found by the city to violate specific state or federal statutory, regulatory or constitutional provision or provisions, and Common Council approves the exemption on that basis. (b) Youth employment exemption. An exemption to this section may be granted where a covered employer is an organization who regularly employs individuals under the age of 21 in a summer youth program, school -to-work program, or other related seasonal part-time work. The exemption shall only apply to these employees. (c) Not-for-profit organizations. An exemption to this section may be granted to not-for-profit organizations which perform services for the city or its departments. (2) Contents. All general exemption requests shall include the following: (a) The nature of the contract to which this section applies; and the specific official name of the contract, the statutory or regulatory authority for the granting of the contract, and a copy of that authority. (b) The conflicting statutory, regulatory or constitutional provision or provisions that make complaints with the section unlawful, and a copy of each provision; and (c) A factual explication and legal analysis of how compliance with this section would violate the cited provision or provisions, and the legal consequences that would attach if this violation were to occur. (3) Common Council review and approval of exemption requests. The Common Council shall consider exemption requests, along with their supporting documentation and analysis, and may hold a public hearing to consider the views of the public, before approving the exemption. The Common Council may approve or deny all or part of a request. G. Severability. In the event any provision of this section shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. H. Effective date. This section shall be effective from the date of July 1, 2000. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is Page 73 01-0306-ss227.txt new. REFERRED TO THE COMMITTEE ON BUDGET NO. 189 BY: MRS. LOTEMPIO AND MR. BONIFACIO 44TH ANNUAL ALLENTOWN OUTDOOR ART FESTIVAL Whereas: The Allentown Village Society, Inc. ("AVS"), has requested permission to conduct its 44th Annual Allentown Outdoor Art Festival on the weekend of June 9th and 10th, 2001, and Whereas: The Special Events Advisory Committee, established pursuant to Chapter 414, Special Events, will meet to consider the application of AVS to hold the said 44th Annual Allentown Outdoor Art Festival; and Now, Therefore, Be it Resolved That: Subject to the additional conditions to be established by the Special Events Advisory Committee and those stated herein, the AVS be and it hereby is granted permission to conduct the 44th Annual Allentown Outdoor Art Festival on the weekend of June 90' and 10th, 2001, between the hours of 11:00 a.m. and 6:00 p.m. on those days; within the events area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved That: Participants within the events area, whether on the public streets or out-ofdoors on adjacent private property, will be limited as follows: 1. . Art or craft exhibitors may be located within the events area on the following streets only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (east and west sides); Allen Street from Elmwood Avenue to Franklin Street (north or south sides); Virginia Street between Elmwood Avenue and Franklin Street (north or south sides' i; and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). Only art and craft exhibitors selected through the AVS application and selection process shall be permitted. The AVS will select no more than 465 art and craft exhibitors, excluding therefrom the exhibition or sale of so-called "pseudo" art and exhibits of a strictly commercial nature. 2.Concessionaires and vendors within the events area shall be located on the following streets only: Delaware Avenue in the block between North and Allen Streets; Franklin Street in the block between Allen and Virginia Streets; in the vicinity of Edward Street between Virginia and Allen Streets; and Allen Street in the vicinity of Franklin Street, on Allen Street between Park Street and Elmwood Avenue. Such participant concessionaires shall be responsible concessionaires to be selected by the AVS. Consistent with AVS procedure, the AVS will solicit food and beverage concessionaires and vendors from businesses or persons within the area of the Allentown Art Festival as described in the first resolved clause above, reserving for them some of the concessions. The AVS may select and designate a single vendor employing a reasonable number of persons to vend balloons in the events area. The AVS may also select and designate a single vendor to produce and sell Art Festival Tshirts, sweatshirts or similar merchandise within the deemed concession areas. All participant concessionaires and vendors are Page 74 01-0306-ss227.txt required to comply with all otherwise applicable licensing and health requirements. Notwithstanding the foregoing, nothing herein is intended to limit the usual and customary operations of "Sidewalk cafes" as defined in Section 413-59 of the Code of the City of Buffalo; and Be It Further Resolved That: That radio and television broadcasts from remote broadcast units located outside of a building normally occupied by a radio or television station may be permitted within the events area by the event sponsor. No such remote broadcasts or telecasts shall be permitted on the public streets. or out-of- doors on adjacent private property without the permission of the event sponsor. In no case shall any radio or television station employ blaring loudspeakers or conduct giveaways, sale of merchandise, contests, displays or other promotional activities beyond what is broadcast or telecast over their airwaves in the public street or out-of-doors on adjacent private property during the hours of the event; and Be It Finally Resolved: Unauthorized participants. The AVS shall provide all participants with suitable identification showing each as an authorized participant in the event. Except as herein above provided, there shall be no other participants within the events area during the event whether on public streets or out-of-doors on adjacent private property, including exhibitors, concessionaires, vendors, performers, promotional activities, fund raising activities, displays of goods or otherwise. Street performers, buskers or similar performers or performances shall not be permitted within the events area. All temporary inflatable devices used to advertise or direct attention to a business, service, product or activity shall also be excluded from the events area. The property of Ascension Church at 16 Linwood Avenue and Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing provisions, provided, however, that neither shall conduct or sponsor any out-of-door activities during the Art Festival event hours without prior approval of the Common Council. The above-mentioned shall not conduct or sponsor any outdoor amusement rides or art and craft show and the third resolved clause of this resolution governing radio and television broadcasts and telecasts shall also be applicable on those properties. PASSED AYES -12 NOES - 0 NO. 190 BY: MR. PITTS COUNCIL MEMBER GRAY EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Beverly Gray be and hereby is excused from attendance at the Common Council Meeting of March 6, 2001 ADOPTED NO. 191 BY: MR. PITTS COMMUNITY DEVELOPMENT BLOCK GRANT - 27"' YEAR Whereas: On Tuesday, February 27, 2001, at a Special Session of the Common Council, this Honorable Body approved the 21'h year Community Development Block Grant budget; and Page 75 01-0306-ss227.txt Whereas: As part of this budget, the Council endorsed the creation of an "escrow account" to act as a reserve for administrative costs associated with the delivery of housing related services by Community Based Organizations; and Whereas: To fund the reserve account, several line items were reduced totaling $658,000; and Whereas: At the Special Session, representatives of the Administration, as well as Councilmembers, raised concerns that it would be necessary to analyze the cuts suggested by the Council to determine whether particular line items could sustain those cuts; and Whereas: The administration has conducted a review and analysis of the suggested cuts, and has prepared the attached revision that reflects the intent of the Common Council and specifically: 1. retains the reserve account of $658,000 for housing program delivery, 2. identifies other sources of CDBG, HOME or program income funds to Support the reserve account, 3. restores the additional cuts to CDBG line items that were made to support the reserve account, 4. retains all other amendments to the CDBG budget made by this Council; and Whereas: The sources of funds identified to support the reserve account are: Proiect Line Funds Yr 27 % Allocation Program Income HOME $164,000 NYS DHCR MatchCDBG$ 190,0005%$ 9,500 Acquis/RehabCDBG$ 425,0005%$ 21,250 NHI/NHS Loan PgmHOME$1,500,0005%$ 75,000 Rehab AHC MatchHOME$ 600,0005%$ 30,000 Major Rehab Initiatives'.HOME$1,359,750$358,250 Total$658,000 Now, Therefore, Be It Resolved That: The Common Council approve this revision to the Year 27 Community Development Block Grant budget as detailed in the attached spreadsheet. PASSED AYES -12 NOES - 0 NO. 192 BY: MR. PITTS JOINT CITY AND STATE HEARING ON THE PHENOMENAL INCREASE IN GAS AND ELECTRIC BILLS WHEREAS: THE CITY OF BUFFALO AND WESTERN NEW YORK HAS BEEN EXPERIENCING ONE OF THE COLDEST WINTERS ON RECORD, WITH ICY-COLD WEATHER THAT ARRIVED IN LATE OCTOBER, CONTINUED IN NOVEMBER WITH RECORD SNOWFALLS AND GREW EVEN COLDER IN THE MONTH OF DECEMBER; AND Whereas: Two of the biggest factors that made this winter, the toughest in recent memory for City of Buffalo and County residents trying to keep their homes warm, were First - icy-cold weather with record snowfall; Secondly - the Skyrocketing price of natural gas, both factors causing National Fuel Gas Customers to be crippled with phenomenal heating bills in November, December and January; and Whereas: City of Buffalo customers of National Fuel Gas Page 76 01-0306-ss227.txt received heating bills for January 2001 that were double of what was paid in January 2000, and 34 percent higher than their December 2000 bills, on top of the sky-high heat bills that consumers were already hit with during the month November; and Whereas: National Fuel Gas, which provides natural gas service to about 500,000 residential customers in Western New York reported that natural gas prices hit a record high of $10.50 per 1,000 cubic feet in December 2000, but now have dropped by 9 percent, to $9.55 per 1,000 cubic feet, still natural gas prices are nearly 4 1/2 times higher than they were a year ago; and Whereas: Natural gas customers are experiencing the worst-case scenario, high commodity prices, and colder than normal temperatures, that has caused consumers to use more gas, ultimately, driving up the price of natural gas, by making the already tight supplies of the fuel even tighter; and Whereas: This winter's phenomenal heating costs have forced thousands of City residents to request assistance in paying their heating bills. The Home Energy Assistance Program (HEAP), a federally funded program administered by the County of Erie is expected to disburse close to $30 million this year, but still crowds of people are being turned away by the County for heating aid; and Whereas: There are few other places people can turn to for help in paying their heating/utilities bills; Now, Therefore, Be It Resolved That: This Common Council calls for a joint public hearing with the members of the New York State Legislature representing Western New York some time during the month of March to discuss solutions to the phenomenal heating costs to residents in the City of Buffalo; and Be It Further Resolved That: Certified Copies of this resolution be deliver members of the New York State Legislature. ADOPTED NO. 193 BY: MR. PITTS KLEINHANS MUSIC HALL UTILITY BILLS Whereas: Kleinhans Music Hall is a landmark structure on the West Side of Buffalo, serving as a valuable arts and cultural facility; and Whereas Kleinhans Music Hall is a City-owned building; and Whereas: The current lease with Kleinhans Music Hall Management does not address responsibility for utility charges; and Whereas: Kleinhans Music Hall currently has outstanding utility bills, which must urgently be addressed; and Whereas: As a regional asset, it is vital that the Common Council act to protect and preserve Kleinhans Music Hall; and Whereas: The City has determined to continue the services of the Kleinhans Music Hall Management, Inc., for the Kleinhans Music Hall under the same terms as in the 1993 agreement for the same period as the lease with the BPO, Now Therefore Be It Resolved That: That the Common Council does hereby authorize the Commissioner of Public Works, Parks and Streets and the Comptroller to pay any outstanding utility bills owed on Kleinhans Music Hall; and Page 77 01-0306-ss227.txt Be It Further Resolved That: That the Corporation Counsel and the Director of Real Estate be, and they hereby are authorized to amend the lease between the City of Buffalo and Kleinhans Music Hall Management to provide that the City of Buffalo shall pay utility charges for the remainder of the term of the lease. PASSED AYES -12 NOES - 0 NO. 194 BY: MR. THOMPSON ONE WAY STREET DIRECTION - REPEAL FOR LYTH STREET Whereas: Lyth Street is currently a one-way street between Jefferson Avenue and Purdy Street; and Whereas This office has received numerous request from block clubs and Lyth street residents on the feasibility of repealing the one-way directional traffic flow; and Whereas: This is a high crime area and drug dealers often benefit frcm the One way directional traffic by spotting law enforcement officers allowing suspects time to flee and rid themselves of evidence; Now, Therefore, Be It Resolved: That the Department of Public Works investigates the feasibility of this request and reports back to this honorable body by March 15, 2001. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 195 BY:MR. THOMPSON ALLOCATION OF FUNDING FOR ART IN MARTIN LUTHER KING, JR. PARK Whereas: A Master Plan is under way for the re-development of Martin Luther King, Jr. Park; and Whereas: The funding for the Master Plan will come from capital improvement funds; and Whereas: The need for new art in the park is necessary to complete the redevelopment; and Whereas: There is currently no allocated funding for public art in capital improvement funding; Now, Therefore, Be It Resolved: That one- percent of all funding for capital improvements is allocated for public art in Martin Luther King, Jr. Park. Antoine Thompson REFERRED TO THE COMMITTEE ON FINANCE , PUBLIC WORKS, OLMSTEAD CONSERVACY, ARTS COMMISSION AND THE MLK JR STEERING COMMITTEE NO. 196 BY: MR. THOMPSON PERMISSION TO DISPLAY BANNER Whereas: The Bob Lanier Center will hold its annual "Bowl with the Bills for Bob" on Sunday June 4, 2000; and Whereas: To promote the event the Bob Lanier Center has requested permission to display a banner on Main Street near Amherst Street; and Whereas: The organizers would like to display the banner from May I to June 4, 2001 in preparation for the event; Now, Therefore, Be It Resolved: Page 78 01-0306-ss227.txt That this Common Council grant permission to the Bob Lanier Center to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. Be It Further Resolved That: All fees associated with the hanging of this banner are waived. Antoine Thompson PASSED AYES -12 NOES - 0 NO. 197 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 14 - DEPARTMENT OF ADMINISTRATION & FINANCE 1075 - PARKING VIOLATIONS BUREAU 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 14 -Department of Administration and Finance, 1075 - Parking Violations Bureau which currently reads: 4Junior Traffic Clerk $ 23,949 - $ 26,505 3Typist$ 23,949 - $ 26,505 Is hereby amended to read: 5Junior Traffic Clerk $ 23,949 - $ 26,505 2Typist $ 23,949 - $ 26,505, IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, EVA M. HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position., containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 02/12/01 Attachment PASSED AYES -12 NOES - 0 NO. 198 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 32 - DEPARTMENT OF PUBLIC WORKS PARKS & RECREATION 65 - DEPARTMENT OF PERMITS & INSPECTION 37 - ENTERPRISE FUND - DIVISION OF WATER 49 - ENTERPRISE FUND - STADIUM & AUD The Common Council of the City of Buffalo, does ordain as follows: That part Chapter 35 Article 1, Section 35-1 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to Page 79 01-0306-ss227.txt positions listed below is hereby amended as follows: NOTE: Old salaries are in salaries This ordinance shall become effective as per the respective dates on the attached schedules. APPROVED AS TO FORM Corporation Counsel 01/31/01 Attachment PASSED AYES -12 NOES - 0 This ordinance shall be retroactive to July 1, 1998. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We. Joseph N. Glarnbra, Commissioner of Public Works, Parks & Streets, Raymond McGurn, Commissioner of Permits and Inspections and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant to Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action provide and authorize funding thereof, the interests of the City will be subserved by the increase to provide in compensation provided for the positions set forth in the foregoing ordinance. Attached salary ord amend available in City Clerk's Office This ordinance shall be retroactive to July 1, 1999. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Joseph N. Glambra, Commissioner of Public Works, Parks & Streets, Raymond McGurn, Commissioner of Permits and Inspections and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing, ordinance. We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant to Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action provide and authorize funding thereof, the interests of the City will be subserved by the increase to provide in compensation provided for the positions set forth in the foregoing ordinance. Attached salary ord amend available in City Clerk's Office This ordinance shall be retroactive to July 1, 2000. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.I We, Joseph N. Giambra, Commissioner of Public Works, Parks & Streets, Raymond McGurn, Commissioner of Permits and Inspections and James B. Milroy, Director of Budget recommend that the compensation for said positions be raised and fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant to Section 24-15 Page 80 01-0306-ss227.txt of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase provided for the positions set forth in the foregoing ordinance. in compensation provide Attached salary ord amend available in City Clerk's Office PASSED AYES -12 NOES - 0 NO. 199 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT SALARY AND WAGE SCHEDULE"E" 1998-1999 1999 -2000 2000 -2001 2001-2002 The Common Council of the City of Buffalo does ordain as follows: That part of Subsection A, Section 9 of Chapter 35 of the Ordinances of the City of Buffalo, relating to Salary and Wage Schedule "E", Local 17, is hereby amended to read as follows: See Attached Schedule "E" That this ordinance shall take effect as per the respective dates on the attached schedules. APPROVED AS TO FORM 02/01/01 Attachment PASSED AYES -12 NOES - 0 NO. 200 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 Mary Talbert & Cultural Club By Councilmember Grant, Pitts, Michaux Felicitation for Mrs. Blanche Adams Nelson By Councilmember Pitts, Michaux Felicitation for Michigan St Preservation Corp ByCouncilmember Pitts, Michaux, Masiello Felicitation for Bernard Tolbert By CouncilmemberFisher, Gray, Ellington, Pitts, Grant, Michaux, Thompson and Williams Felicitation for Howard Lewis By Councilmember Pitts, Michaux ADOPTED. NO. 201 BY: BARBARA A. WILLIAMS APPOINTMENT COMMISSIONER OF DEEDS That tile following persons are hereby appointed as commissioner of DGeds for the term ending December 31 #'2002 t conditional upon the parson so appointed certifying under oath to their qualifications and filing same with the City Clerk: PAMELA D. RUTLAND Page 81 01-0306-ss227.txt DONALD NOTARO KATTIE C. JOHNSON ARTHUR J. TILLMAN,JR. DONALD C. BAKOWSKI DEBORAH H. SAIA SUSAN C. BELL RAYMOND E. LUPERSR. SCOTT L. BRENNEN SUSAN M. BRENNEN PETRANELLA MAJEWSKI MARK BROCKMYRE RANDI MAIL CANDACE MOPPINS ALYCE D. CUDDY LYNNETIE M, GOSPODARSKI JAMES AV, MCLEOD JAMES E. ANDERSON ADOPTED. NO. 202 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF-DEEDS RETIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed -as Commissioner of Deeds for the term ending,12/ 31/ 2002, conditional -upon the persons so appointed certifying under oath to their qualifications and filing same with the City GAIL RUSSELL-RICHEY SOANN-E M. KEARNS KAREN BIJAK MARLMNE P. 14OFFMAN GERALD W. SC140ENLE,J-R. PAUL GAJEWSKI MARY JANE MCDONALD LINDA M. TARNAWSKYJ ADOPTED NO. 203 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Claims Tuesday, March 13, 2001 at 9:00 o'clock A.M. Committee on Civil Service Tuesday, March 13, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, March 13, 2001 following Civil Service Committee on Legislation Tuesday, March 13, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, March 14,2001 at 10:00 o'clock A.M. Committee on Education Wednesday, March 14, 2001 at 2:00 o'clock P.M. Special Committee Special Committee on Budget-Wednesday, March 7, 2001 at 11:00 o'clock A.M. in Room 1417 City Hall. Special Committee on Energy-Wednesday, March 7, 2001 at 2:00 o'clock P.M. In Room 1417 City Hall. Page 82 01-0306-ss227.txt BI-National Bridge Committee-Thursday, March 8, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Special Legislation Comm. -Implementation of Towing Ordinance-Friday, March 9, 2001 at 10: 00 o'clock A.M. in Room 1417 City Hall. Minority Business Enterprise Committee-Monday, March 12, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Special Legislation Committee R Lucchino, Use 235 Delaware-(2) Non-Access. Signs-Monday, March 12, 2001 at 1:00 o'clock P.M. in Room 1417 City Hall. Special Legislation Comm.-"Liquor Lic.-State Liq. Authority.. "-Thursday, March 15, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Taxicab & Livery Ad Hoc Committee-Thursday, March 15, 2001 at 2:00 P.M. o'clock in 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. 204 ADJOURNMENT ON A MOTION BY MRS. LOTEMPIO, SECONDED BY MR. BONAFACIO THE COUNCIL ADJOURNED AT 4:20 PM CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #2 Mayor's Office-201 City Hall February 22, 2001 Present:; Anthony M. Masiello, Mayor; Anthony Nanula, Comptroller-2 Absent: James W. Pitts, Council President-I The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 2001 amounting to $16,465.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 2001 amounting to $20,337.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 83