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Home My WebLink About01-0206 01-0206.txt No. 3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO February 6, 2001 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTONIE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Betty Jean Grant, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, Antoine Thompson and Karen Ellington-Members Page 1 01-0206.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, FEBRUARY 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, Gray, LoTempio, Martino, Pitts, Thompson and Williams - 13 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on January 23, 2001 were approved. FROM THE MAYOR FROM THE MAYOR No. 1 2001-02 Recommended Budget - Dunn Tire Park Enterprise Fund I hereby transmit to your Honorable Body my 2001-02 Page 2 01-0206.txt recommended budget for the Dunn Tire Park Enterprise Fund pursuant to Local Law and Section 20-18 of the City Charter. This budget covers operating costs and debt service requirements for Dunn Tire Park's 2001-02 fiscal year which runs from April I through March 3 1. The appropriations recommended in this budget are sufficient to meet our obligations under the lease agreement but provide no frills. The majority of recommended appropriations remain the same as in the current year with only incremental increases/decreases. Notable changes in appropriations include savings of nearly $29,000 in electricity due to our bulk bid (offset by a $29,000 increase in natural gas appropriations) and the addition of a $94,500 appropriation for a private cleaning contract. This recommendation envisions contracting with a private cleaning service for fifty (50) dates with the remaining dates, including season opening preparations, covered by seasonal employees. Offsetting the cost of the contract are savings from reducing the number of seasonal employees ($63,517), decreasing overtime ($ 10,000), eliminating unemployment insurance costs ($15,000) and cleaning supplies ($ 10,000). Stadium cleaning has been contentious for several years, threatening ticket surcharge revenues. I believe this proposal will address the situation. Like budgets for the past several fiscal years, this budget relies on optimistic revenue estimates in order to balance. If revenues fall to meet budget estimates, the Enterprise Fund will run a deficit that will ultimately become the obligation of the City General Fund. In 1999-2000, the Enterprise Fund experienced a loss as defined by agreement of $496,200 requiring a $299,283 operating transfer from the General Fund to cover a cash shortage. This operating transfer is covered in this recommended budget. Operations at the Park have not been self-sustaining for several fiscal years and this will, in all likelihood, continue to be case until the Park can draw more users and more events. New potential users have expressed interest in utilizing the facility, including an outdoor soccer league, but no arrangements have been finalized. Revenues appear to have increased slightly in the current year with the Bisons projecting an increase of $18,900 in lease generated revenues for the fiscal year ending March 3 1, 2001. Next year, we hope to increase miscellaneous revenues by implementing a new fee schedule for stadium/field use. Naming rights revenue will increase $75,000 to $300,000 as we enter the final phase of the naming rights agreement which ends in 2007. Debt service requirements covered in this budget amount to $205,225 with principal of $160,426 and interest of $44,799. The debt on the Park will be retired in 2006 with level principal payments and decreasing interest payments required in each of the subsequent fiscal years. As you know debt service has always been an obligation of the General Fund. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it to be the best we can do in light of a history of declining revenues at the Park. Any further cuts in expenditures will, in my opinion, result in our inability to adequately meet our obligations under the lease agreement with the Bisons. REFERRED TO THE COMMITTEE ON FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Durham Memorial Church 170 E. Eagle St. Human Service Facility Item No. 113, C.C.P. 1/23/2001 The City Planning Board at its regular meeting held Tuesday, January 30, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. Page 3 01-0206.txt The applicant seeks to construct a 27,000 s.f. addition to expand an existing soup kitchen at 170 E. Eagle Street. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 1/2 mile radius of the site and would recommend that the Common Council condition its approval on Design and site plan approval by the City Planning Board. RECEIVED AND FILED NO. 3 Service Station, Inc. 1900 Hertel Ave. Take- Out restaurant Item No. 114, C.C.P. 1/23/2001 The City Planning Board at its regular meeting held Tuesday, January 30, 2001, considered the matter captioned above pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to convert an existing gas station/store into a take-out restaurant with outside coolers at 1900 Hertel Avenue. The Planning Board voted to recommend approval of the proposed take-out restaurant conditioned on the following: 1. A 61-71 solid fence be constructed and continued on the north side of the property to provide screening of the adjacent residential properties; 2. All outside cooler motors and exhaust fans be located on the east side of the building away from the adjacent residential properties; 3. All dumpsters be located also on the east side of the building and properly screened. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 4 Closing Niagara Street New Erie County Courts Building The Buffalo Preservation Board remains opposed to the closing of Niagara Street and the further diminution of the historic Joseph Ellicott radial street pattern. When the Board was asked by Erie County to comment on a proposed plaza in front of the new court building, our Board expressed its opposition to the concept. As a result of our negative comments, we were asked by County Public Works Commissioner Maria Lehman to attend a meeting to discuss our position. Shortly before that meeting, we learned that the City of Buffalo had already granted a substantial easement that allowed the Courthouse architect to design the building so that it very substantially encroached on the public sidewalk. We were also made aware that the County wished to create a large public plaza on the part of Niagara Street in front of the new court building; and, to do that, the street would need to be closed to traffic. As the problem was described to our Board, there would not be a safe distance for pedestrians to walk between the offending court's projections (a stair tower and an entry porch) and the Niagara Street curb. In the County's opinion, the safest thing to do was to close the street to vehicular traffic. At a meeting held October 31, 2000, the Buffalo Preservation Board agreed to Outline conditions of design that would make the closing of Niagara Street as unobtrusive as possible. At a later meeting with the County, Commissioner Lehman gave us a verbal acceptance for most of our conditions. We respectfully ask that if you decide to grant the requested easement, that you incorporate these conditions as a part of the easement. These conditions are: 1. That the view between Pearl Street and Niagara Square never be allowed to have an impediment of any kind installed, erected or planted; that the view remain the same as though the street stayed Page 4 01-0206.txt intact. 2. That the "sense of street' be preserved with an edge (curb implied) and a different pavement material for the street, the sidewalk and the curb. 3. That the City of Buffalo curb be flat at the intersections of Niagara and Pearl and Niagara and Franklin; that means the granite will be flush with the pavement at these intersections.* 4. That the centerline of Niagara Street between Niagara Square and Pearl Street be maintained as an axis for both the street and the plaza and that the street's pavement width be maintained as though the street continued. 5. That the Niagara Street axis be reinforced by a unified and continuous design between Niagara Square and Pearl Street. 6. That parking be forever forbidden on the plaza. 7. That the ultimate design be reversible; that is, if you removed the barriers across the intersections, you would have a street again. Commissioner Lehman suggests that this might not be possible because of the need to have a more substantial base for a street than a pedestrian plaza. 8. That the Buffalo Preservation Board have a member representative as a full participant in the body assigned the task of planning the plaza. This has been granted. 9. That a reasonable timetable be established for the completion of the plaza. We would like to believe that these conditions will lessen the impact of closing Niagara Street. I would remind the Council Members that the Comprehensive Plan for the City of Buffalo calls for the restoration of the historic radial street pattern. If you see fit to grant this proposed easement, we, the Preservation Board, sincerely hope you incorporate these conditions into your easement. RECEIVED AND FILED NO. 5 Proposed Landmark Designation The "Nash Home" 36 Nash Street Buffalo, N.Y. 14204 At its regular meeting February 1, 2001, the Buffalo Preservation Board, having conducted a public hearing on January 18, 2001, as required by the Preservation Standards of the Buffalo Code, recommended designation of the Nash Home, 36 Nash Street, as a local historic landmark. This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the Committee's report and the Landmark Application/Photos are enclosed for your information (refer to Attachments 1 & 2). The Preservation Board determined that this structure meets the following criteria specified in the Code for landmark designation: 1. It has character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation; 2. Its location is a site of significant local, state, or national event; 3. It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic, or cultural heritage of the city, state, or nation; 4. It is identified with a person or persons who significantly contributed to the development of the city, state, or nation. Pursuant to Article III, Section 337-9 through 12 of the Preservation Standards, the Committee on Legislation shall hold a public hearing on this item and report back to the Common Council with a recommendation on its findings. For your information, the owner(s) of record support the proposed landmark designation (refer to Attachment 3). The owner(s) representative is: Mr. Jonathan H. Gardner Page 5 01-0206.txt C/O Michigan Street Preservation Group 20 Delaware Avenue, Suite 600 Buffalo, New York 14202 For the record, the vote by the Buffalo Preservation Board on this item was as follows: Ayes: Carroll, Guerra, Kimberly, Klaric, Laping, Masters, Singleton Noes: None Absent: Baer, Gurney, Lydon Motion carried. The application was prepared by Mr. George K. Arthur, for Mr. Jonathan H. Gardner, C/O Michigan Street Preservation Group and submitted by same. If you have any questions, please contact Thomas W. Marchese, Board Secretary, at Extension 5029. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 Abandonment/Sale 1196 Genesee Street Former Precinct #12 Land Value:$ 16,100 Total Assessed Value: $180,200 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1196 Genesee Street from Calavary Baptist Church, 1184 Genesee Street. The property consist of a lot 1001 x 2101 and is improved with a building which was the former Precinct #12. The Church intends to acquire the property and demolish the building for future expansion of the church and parking facilities. In accordance with Section 27-5 of the City Charter the Common Council must authorize the abandonment and sale of the property. If the sale is authorized by the Common Council, the Church will be required to retain two real estate appraisals, at their own expense, for the purpose of fixing the value of the interest of the City in such property. The sum found by said appraisers, as the value, shall be the amount of compensation to be paid for the release and conveyance of title to the property. I am recommending that Your Honorable Body approve the abandonment and sale of 1196 Genesee Street to Calvary Baptist Church. The results of the appraisers value and negotiations will be filed with Your Honorable' Body for final approval. REFERRED TO THE COMMITTEE OM FINANCE NO. 7 Results of Negotiations 324 Guilford,162' N Genesee Lot Size:30' x 94' Assessed valuation: $1,300 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 324 Guilford Street from Mr. Robert Kresse, Attorney at Law on behalf of King Urban Life Center, 938 Genesee Street, Buffalo, New York 14211. 324 Guilford Street, the City owned property is located across the street from the King Urban Life Center. They intend to erect a playground that will be used in connection with the Center and Charter School, which is all in the same building. The office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Thomas P. Tighe of R.W. Bronstein Corp., 3666 Main Street, Buffalo, Page 6 01-0206.txt New York 14226. He has estimated the value of the property to be Five Hundred Dollars ($500), Eighteen Cents (.18) a square foot. The Division c,f Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that the purchaser has agreed and is prepared to pay Five Hundred Dollars ($500) for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale Of 324 Guilford Street to Mr. Robert Kresse on behalf of King Urban Life Center in the amount of Five Hundred Dollars ($500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 Results of Negotiations 518 East Utica, East Corner of Celtic Place Vacant Lot:36' x 120' Assessed valuation: $2,300 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 518 East Utica Street from Ms. Claudia Moguel, 522 East Utica Street, Buffalo, New York 14208. Ms. Moguel owns the one family dwelling at 522 East Ferry Street, which adjoins 518 East Utica Street. She intend to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Thomas P. Tighe of R.W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Six Hundred Dollars ($600), Fourteen Cents (.14) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Twenty-Three Cents (.23) to Thirty Cents (.30) a square foot. The results of our negotiations are that Ms. Moguel has agreed and is prepared to pay One Thousand Dollars ($1,000), Twenty-Three Cents (.23) a square foot for this parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 518 East Utica Street in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 9 Appointments to Citizens Funding Review Crate I hereby appoint the following individuals to the Citizens Funding Review Committee to serve for the period of three years: Ms. Rhonda Ricks 107 Johnson Street Buffalo, NY 14212 Mr. Michael Rivera 268 Crescent Avenue Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPOPATION COUNSEL THE DIVISION OF COLLECTIONS AND Page 7 01-0206.txt THE COMPROLLER NO. 10 Erie Basin Marina Lease Audit Year 2000 Item No. 45, C.C.P. 12/12/00 We have been in touch with the former operator of the Hatch at the Erie Basin Marina. We have not yet received the necessary financial information to perform the audit. We do understand that the minimum rental payment under the least ($75,000) has been received in full. We will continue to follow up with the former operator. REFERRED TO TUE MARINA TASK FORCE NO. 11 #181, C.C.P. Jan. 2.3,2001 Reimburse $6,488owed COB by Broadway Market Mgt. Corp. It is the recommendation of the comptroller's audit of the Broadway Market that the Broadway Market Management Corporation invoice tenant Save-A-Lot in the amount of $6,488.42 for bond monies used to pay for sales tax totaling $4,988.42 and the programming and training charges related to the purchase and installation of business machines totaling $1,500. These funds constitute a direct benefit to the Save-A-Lot business and should not have been reimburse by City Bond fund monies. REFERRED TO THE COMMITTEE ON FINANCE No. 12 Report of Audit - Division of Permits Department of Permit and Inspection Services In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Permits, General Fund Revenues, Audit Report for the period July 1, 1995 to June 30, 2000. AUDIT RECOMMENDATIONS As a result of our audit work and observations, we recommend the following to maintain and tighten the existing system of management controls over permits and revenues: All walk-in application and pen-nit fees are to be deposited directly with the City Treasury utilizing the attached workflow process (ref. Attachments A and B). All payments received through the mail are to be "batched" on a daily basis and deposited intact with the City Treasury (ref, Attachments A and B). All non-permit fee receipts are to be reconciled and deposited intact and on a daily basis with the City Treasury utilizing computerized payment proofs (MUNIS). All performance bond monies are to be receipted and deposited intact with the City Treasury into an approved Fiduciary (Trust and Agency) Fund. Perform a daily reconciliation of the above permit fee remittances to the computer generated payment proofs report by an employee other than the clerks processing the mail receipts. All manual corrections made to the above permit fees reports (Hansen system) should be initialed by the reconciling employee, and any discrepancies should be brought to the attention of a supervisory employee. A sufficient level of clerical staff be maintained to process building, electrical and plumbing permits and the utilization of part-time or seasonal clerks for the traditional peak permit times and vacation periods, i.e., summer months. REFERRED TO THE COMMITTEE ON FINANCE AND THE Page 8 01-0206.txt COMMISSIONER OF PERMITS AND INSPECTIONS FROM THE PRESIDENT OF THE COUNCIL NO. 13 Appoint Kensington Heights Redevelopment Committee Chairman I am appointing Antoine Thompson as Chairman of the Kensington Heights Redevelopment Committee. Mr. Thompson replaces former Council Member Byron Brown. RECEIVED AND FILED NO. 14 BEDC Programs - 26th Year CDBG Allocations FUNDING AMOUNT: $ See Attached FUNDING SOURCE: See Attached The Department of Community Development has reviewed the item described below, and finds it consistent with its policies and practices. I therefore, recommend its passage, contingent upon certification of funds by Financial Control of Agencies, and approval by the Agency Counsel. BRIEF DESCRIPTION: We are hereby requesting BURA Board approval of the allocations contained in the 26th Year CDBG Program for BERC Programs (see attached). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 FUNDING AGREEMENT BUFFALO URBAN LEAGUE TYPE OF ACTION NEW PERMISSIN TO CONTRACT FUNDING AGREEMENT FUNDING AMOUNT $ 50,000.00 ACCOUNT # 26-50206 NATIONAL OBJECTIVE LOW-MOD INCOME BENEFIT ENVIROMENTAL CLEARANCE COMPLETED REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 Down Payment & Closing Costs Assistance Program FUNDING AMOUNT: $240,000 FUNDING SOURCE: CDBG - 26-50503 The Department of Community Development has reviewed the item described below and finds it consistent with its policies and practices. I, therefore, recommend its passage contingent upon certification of funds by Financial Control of Agencies and approval by Agency Counsel. BRIEF DESCRIPTION: This is a request to provide continued funding to the City of Buffalo Down Payment and Closing Cost Assistance Program. In the past, this program has assisted more than 350 new homebuyers. It is requested that the funds be allocated to BNRC for disbursement to each new purchaser. This program assists applicants who meet the low to moderate-income requirements as defined by the HUD Section 8 guidelines (schedule attached). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 Page 9 01-0206.txt PARKING REGULATIONS FLEMING/JONES ST This is in response to your recent letter regarding parking regulations on Fleming St. at Jones St. Fleming St. is ordinanced for alternate parking, and as such, this department cannot have the sign changed or removed. We are willing to submit a new proposed ordinance change, but I would appreciate you informing me as to which possible change would be preferred by the Council. Our traffic personnel suggest that either all regulations be lifted, thus allowing parking on both sides of the street at all times, or that parking be allowed on one side of the street only, at all times. Either of these solutions would have the effect of eliminating alternate parking. If you feel that one or the other regulation would be preferred by the neighborhood and the Council, we will immediately file the required ordinance change. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 LICENSE AGREEMENT - WINSTAR WIRELESS, INC.. FUNDING AMOUNT: N/A FUNDING SOURCE: N/A REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECUMMUMICATIONS NO. 19 Stuart Alexander and Associates CONTRACT W/BNRC I have been asked by the Council President to inquire whether you can provide copies of any and all invoices received from Stuart Alexander and Associates in relation to his contract with the Buffalo Neighborhood Revitalization Corporation. Could you please file those copies with the City Clerk and perform an audit? Upon completion, please file the Audit Report with the City Clerk as well. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 Supplemental Subsidy Assistance - Fruitbelt and Expressway Park New Housing Programs FUNDING AMOUNT: $60,000 FUNDING SOURCE: HOME 26-70900 The Office of Strategic Planning has reviewed the item described below and finds it consistent with its policies and practices. 1, therefore, recommend its passage contingent upon approval by Agency Counsel. BRIEF DESCRIPTION: This is a request from the Office of Strategic Planning to provide supplemental financial assistance to low and moderate income purchasers of the new homes to be constructed in the Fruitbelt and Expressway Park redevelopment areas. This assistance will increase the incentive for purchasers to locate in the Fruitbelt and Expressway Park communities. Funds will be made available to buyers to support payment of closing costs and for additional purchase price reduction assistance as detailed on the attached project description. This important marketing initiative will ensure the continued redevelopment of these neighborhoods. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 21 Certiorari Proceedings John J. Ferlicca 289 Commonwealth Page 10 01-0206.txt This is to advise that the owner., John J. Ferlicca, has instituted certiorari proceedings on 289 Commonwealth Avenue Buffalo New York, regarding the assessments for the fiscal year 2000-01. The assessments were reviewed by this Department and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal year 2000-01 was $82,000. The owner is agreeable to a settlement which would result in a reduction to $70,000 on 289 Commonwealth Avenue. The taxpayer would be entitled to a refund of $219.46 for the 2000-01 year. The 2000-01 City taxes would be reduced from $1,499.54 to $1,280.08. Based upon a review of the current market value of the property, I feet this settlement would be in the best interest of the City. I therefore recommend this settlement, in which the Department of Law concurs. This proposed settlement is subject to approval by Your Honorable Body. I hereby request that the Corporation Counsel be authorized to settle the 2000-01 certiorari proceeding on 289 Commonwealth Avenue, Buffalo, New York, by reducing the assessment from $82,000 to $70,000. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 Certificate of Appointment Appointment Effective: January 29, 2001 in the Department of Assessment & Taxation to the Position of Assessor Permanent Appointment Intermediate Starting Salary of: $43,350 M aria-Garozzo- Payne 208 Commonwealth Ave Buffalo NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 23 Certificate of Appointment Appointment Effective: January 29, 2001 in the Department of Assessment & Taxation to the Position of Real Property Appraiser Provisional Appointment Intermediate Starting Salary of: $38,385 Eric D. Herndon 24 Huntington Buffalo NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 24 Certificate of Appointment Appointment Effective:January 29, 2001 in the Department of Assessment and Taxation to the Position of Senior Assessor Permanent Appointment Maximum Starting salary of $48,733 Phillip Kozerski 158 Barnard Buffalo NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 25 Notification Serial #9250 Install No Standing on Louisiana Street, East side from a point 80' south of O'Connell Street to a point 180' south therefrom. NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances,, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING Page 11 01-0206.txt PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Louisiana Street, East side From a point 80' south of O'Connell Street To Anytime a point 180' south therefrom. This action is being taken to allow for the safe loading/ unloading of trucks at Integrity Distribution, 225 Louisiana Street. RECEIVED AND FILED NO. 26 Change in Contract Kleinhans Music Hall Restoration Phase 9A -Lounge General Construction I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall Restoration, Phase 9A - Lounge, General Construction, Gianadda Construction Corp., C #92010251. 1 .Removal of concrete floor slabs, floor fill/leveling, adjustment of two (2) existing floor clean-out covers to the proper elevation. Add $29,017.00 2. Provide 5" x 12" glazed masonry units in lieu of 8" x 16" units. Add $4,890.00 3.Repair of existing plaster and drywall ceilings, walls, columns and beams-, drywall work of the uncompleted areas between the new bar/lounge and the existing kitchen; repair for relocated electrical devices. Add $1,849.00 4. Rebuild and relaminated old original banquette seat bases. Add $2,130.00 5.Fire taping of existing drywall partitions at the walk-in cooler, bar storage room, new plate storage room. Add $436.00 6.Receiving, unloading, uncrating, distribution and laying of stone floor tiles. Add $ 10,951.00 7.Add metal edge strip to the stone tile/carpet. Add $1,445.00 8. Add ten (10) stainless steel column bases at the round columns. Add $6,325.00 9.Reverse swing of the two (2) doors from Bar 004 to Passage 010, including new hollow metal K.D. frames, new solid core flush wood doors, new hardware. Replace two (2) latchsets at dressing room doors with new mortise lock bodies and cylinders; replace (3) latchsets at toilet room doors with new cylindrical privacy sets; add fire rating to new doors and frames, and fusible link louvers to four (4) doors. Wire shelving for walk-in cooler and adjacent storage room. Provide vinyl cove base for drywall walls in Passage 010. Provide two (2) valves. Provide and install twelve (2) posts for existing wire shelving. Add $14,864.00 The foregoing change results in a net increase in the contract of Seventy One Thousand Nine Hundred Seven and 00/100 Dollars ($71,908.00). Summary: Original Amount of Contract $253,300.00 Amount of This Change Order (No. 1) Add $71,907.00 Revised Amount of Contract $ 325,207.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie, Architects.) and the Department of Public Works, Parks & Streets and found to be fair and equitable. Funds for this work are available in CPF 34322206-445100 - 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. Page 12 01-0206.txt REFERRED TO THE COMMITTEE ON FINANCE No. 27 Change in Contract Riverside Park Concession Building Electrical Construction I hereby submit to Your Honorable Body the following changes for the Riverside Park Concession Building, electrical construction work, Goodwin Electric Corporation. Contract #92010183. 1.Per directions from the fire prevention inspector, electrical contractor is to supply and install a auto control rely to shutdown the fresh air supply fan SF-1 in the event of a fire LABOR: $ 551.00 MATERIAL- $ 202.00 SUBTOTAL: $ 753.00 2.Per request of electrical inspector electrician to trace an existing feeder with burned out fuses in the main switchboard. Feeder found to be for outdoor tap boxes no longer in use. Burned fuses were removed and box labeled LABOR-. $ 230.00 MATERIAL-. $ 0.00 SUBTOTAL: $ 230.00 TOTAL: $ 983.00 The foregoing changes result in a total net increase to the contract of Nine Hundred and Eighty Three Dollars and 00/100 ($983.00). Summary:Current Contract Amount $ 19,216.00 Amount of this Change Order Add $ 983.00 Revised Contract Amount 20,199.00 Costs have been reviewed by the Consulting Architect at WENDEL and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #30440806 1 request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above, Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 19, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Goodwin Electric Corporation, an increase in the amount of $983.00, as more fully described in the above communication, for work relating to Riverside Park Concession Building, Electrical Construction, Contract #92010183. Funds for this project are available in CPF 30440806. PASSED AYES - 13 - NOES - 0 No. 28 Change in Contract Riverside Park Concession Building Plumbing I hereby submit to Your Honorable Body the following changes for the Riverside Park Concession Building, for plumbing work by H&M Plumbing & Mechanical Contracting, Inc., Contract #92010169. The Black Rock / Riverside Football Little League added an icemaker to their concession equipment list. The icemaker requires a drain to receive the water discharge, which occurs continuously while the machine is operating. There is no adjacent floor drain. So a simple 2-gallon reservoir with pump attached to an adjacent sink trap is proposed. Page 13 01-0206.txt 1.Supply and install a tailpiece into the adjacent hand sink trap with a dishwasher connection. Supply and install condensing pump; inter-connecting hose & power wiring. Pump shall be capable of pumping 45 gph at 10 feet of head. Pump shall have a two-gallon plastic tank with a 1 " inlet & 1/4" outlet. Pump to be controlled by an integral float switch with auto bleeders. The foregoing changed results in a net increase to the contract of Four Hundred and Nine dollars and 50/100 Dollars ($409.50). Summary:Current Contract Amount $ 41,746-00 Amount of this Change Order Add .$ 409.50 Revised Contract Amount $ 42,155.20 Costs have been reviewed by the Consulting Architect (WENDEL) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #35640206 1 request that Your Honorable Body authorizes the Commissioner of Public: Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 29, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to H&M Plumbing & Mechanical Contracting, Inc., an increase in the amount of $409.50, as more fully described in the above communication, for work relating to Riverside Park Concession Building, Plumbing Work, Contract #92010169. Funds for this project are available in CPF 35640206. PASSED AYES - 13 - NOES - 0 No. 29 Erie Basin Marina Attached please find the "Monthly Summary of Gross Revenues" reported from the Rhino Room, for the Hatch Restaurant, Gazebo and Tower, for the month of October, 2001. This report is required as per Section 6, paragraph e (ii) of the City's lease agreement with the Rhino Room (Operator of the Hatch). REFERRED TO THE MARINA TASK FORCE No. 30 Busti Avenue; Peace Bride Authority Gate Within Right Of Way (Item No. 180, C.C.P. 07/25/00) Mr. Mark D. Molnar, P.E., of Wendel Duchscherer Engineers, acting as agent for the Buffalo and Fort Erie Public Bridge Authority (PBA) has requested permission to encroach City right of way on Busti Avenue with a gate. The PBA is presently reconstructing the Busti Avenue entrance to their U.S. Plaza and the work consists of pavement and curb restorations, and will include the installation of a double leaf "Tilt-a-Way" type gate. The geometry of the new entrance area will require that the gate enclosures and their respective foundations be constructed within City right of way. Each gate enclosure will be concealed in a brick and block masonry wall. The gate would be constructed with two 25' wide decorative, coated aluminum barriers that pivot in a vertical, semi-circular motion. Decorative concrete bollards will be installed along the curb line to protect the gate enclosures from truck traffic. Please note that the existing manually operated entrance gates, which have been removed as part of this project, were also located in the City fight of way. The Department of Public Works, Parks and Streets has reviewed this Page 14 01-0206.txt request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" to the PBA for installation of the above described encroachment provided the following conditions are met: 1.That the PBA obtain any and all other City of Buffalo permits necessary. 2.That the gate enclosures, gate and bollards in City right of way are installed exactly as shown on plans submitted t( the City Engineer and the building plans are approved by the Department of Pen-nits and Inspection Services, 3.That the PBA be responsible for maintenance of said encroachments as long as they remain within City right of way. 4.That the PBA supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 31 61 Lakeview Handicap Ramp within City Right of Way Mr. Jose A Roman, owner of the property located at 61 Lakeview Avenue, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed ramp would measure 35 feet in length and project a maximum of 4 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed Mr. Roman's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: I . That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2.That the right of way encroachment for the ramp be as described above and the building plans be approved by the Department of Permits and Inspection Services. 3.That the ramp be constructed so as not to be permanent in nature. 4.That the applicant supply the Department of Public Works, Parks and Streets with a $5,000 construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 32 Mr. Krajewski 73 Jones St. Item #33, C.C.P. 01/23/2001 The referenced item was referred to this department for comment. Fleming St. is ordinanced for alternate parking, and as such, this department cannot unilaterally have the sign changed or removed. Our traffic personnel suggest that if a change is desired, that either all regulations be lifted, thus allowing for parking on both sides of the street, or that parking be allowed on one side of the street only. Either Page 15 01-0206.txt of these changes would have the effect of eliminating alternate parking. Should the Council have an indication of which of these changes would be preferred by the community, this department will file the required ordinance changes immediately. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 Memorial Auditorium Equipment Relocation I have authorized the removal of the following food service equipment from Memorial Auditorium. The equipment will be utilized in the locations noted. To the Erie Basin Marina - Hatch Restaurant 1Ice cream cooler 2Steam tables 2Bread warmers 3Ice makers 2French fryers 3Stainless steel work tables 4Sinks To the City Hall Cafeteria 1Electric grill 1Stainless steel table 1Freezer 1Ice machine 15Wooden tables 40 Wooden chairs By contract the City is required to supply certain items in the Hatch and the cafeteria. Rather the purchasing these items new, it is felt that it would be more economical to use items available from the Aud. RECEIVED AND FILED NO. 34 Permission to Engage Consultant Buffalo Zoological Gardens Main Animal Building (Primate and Small Mammal) Rehabilitation Permission is requested from Your Honorable Body to hire a consulting architect to prepare contract documents and provide construction services for the Rehabilitation of the Main Animal Building at the Buffalo Zoo. The existing building is antiquated and must be updated for the Zoo to maintain its accreditation. The County of Erie has provided $2.0 Million for this project. The Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 19, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting architect to prepare contract documents and provide construction services for the Rehabilitation of the Main Animal Building at the Buffalo Zoo. Funds for the consultant's fees shall be paid from the County of Erie's $2.0 Million contribution. Passed. AYES - 13 - NOES - 0 NO. 35 Renovations of Common Council Chambers Our current schedule call for bids to be received in mid-March for the following renovation work in the Common Council Chambers: 1. METAL WORK Clean and restore all finishes including replacement of non-original, inappropriate metal work using brass or bronze. Page 16 01-0206.txt 2. FINISH CARPENTRY/MILLWORK Restoration of dais, councilpersons desks, other laminated wood elements and other millwork needing attention. 3. STONEWORK Restoration of limestone walls and decorative elements. 4. FLOORING Selected replacement of cork floor tiles to match original. 5. SEATING Restoration of original fixed seating. 6. LIGHTING AND SOUND Reworking/replacement of television lighting system and replacement of sound system speakers. Our consultants Hamilton, Houston and Lownie, and our Principal Engineer, Paul Gareis, will work closely with the City Clerk, or whomever else the Council may designate to schedule this work so that it will be least disruptive to the Council. REFERRED TO THE COMMITTEE ON FINANCE AND THE COUNSEL PRESIDENT NO. 36 Traffic Signal Kensington and Poultney Item #185, C.C.P. 01/213/2001 This department has been asked to respond to the referenced item. After construction of the Gaiter Parkway, the City's consulting engineers recommended that the signal at Kensington and Poultney be removed because it was unnecessary, was causing traffic delays, and that it might actually contribute to additional accidents. Engineers from this department agreed with the recommendation and we sought and received Common Council approval to remove the signal. At the request of University Councilmember Grant, this department once again investigated the nee to replace the signal in 2000. The unbiased, professional opinion of the department's staff engineer was that the signal should not be replaced. The Greater Buffalo Niagara Regional Transportation Council staff was also consulted and they concurred with our findings. The contention that "numerous life-threatening accidents have already occurred and continue to occur on a frequent basis" as a result of the removal of this signal, is simply not supported by the accident data supplied by the Buffalo Police Department. This data shows that since the signal was removed, through the end of 2000, only four (4) accidents have occurred at this intersection, and three of those were attributed to driving while impaired or intoxicated. Surely, in -these instances, a traffic signal would not have prevented the accidents. Based on the data and information supplied to this department, we have once again concluded that signal at Kensington and Poultney is not warranted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 Certificate of Appointment Appointment Effective: January 29, 2001 In the Department of Public Works, Parks and Streets Division of Parks To the Position of Dep. Com of PW, Pks, Sts. For Parks & Recreation Exempt Appointment Starting Salary of $ 69,801. James Nowicki 47 Windsor Avenue Buffalo, N.Y. 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 Certificate of Appointment CORRECTED COPY Appointment Effective: January 29, 2001 In the Department of Public Works, Parks and Streets Division of Parks to the Position of Assist. Page 17 01-0206.txt Dep. Com. PW, Pks. S: Rec., Sts. Exempt Appointment Starting Salary of $ $ 63,708. Michael Masiello 42 Ardmore Place Buffalo, N.Y. 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 39 Certificate of Appointment Appointment Effective: January 22, 2001 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent Appointment at the: Maximum Starting Salary of: $ 33,224 David A. Fatig 234 Winston Road Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 Certificate of Appointment Appointment Effective: January 22, 2001 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Meter Mechanic Temporary Appointment maximum Starting Salary of: $31,589 Frank Mangione III 221 Roesch Avenue Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 41 Drug Asset Forfeiture Checks Received Item No. 104, C.C.P. 2/2/88 8155-00112896 C2-99-0035 $2,982.94 8155-00112883 C2-00-0107 $1,268.96 TOTAL DEPOSIT $ 4,251.90 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, 920010000 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector John Brill at 851-45 14. RECEIVED AND FILED NO. 42 Ord. Amendment Chapter 116-Burials (Hrg,. 10/24] [:#164 CCP Oct 17,2000] In response to your request for comment regarding CCP 164, which proposes, to amend the City Ordinance, Section 116-33, regarding private funeral escort services; please be advised that this Department is not in favor of such legislation. Initially, the Vehicle and Traffic Law does not provide for any private parties to violate or to avoid traffic control devices (Stop signs, Traffic signals, etc.). The proposed ordinance amendment would require the Police Department to devise 'rules and regulations' governing private funeral escort services. It is presumed that part of the duties of the private funeral escort would be to escort funeral processions through Page 18 01-0206.txt intersections in violation of traffic control devices. By formulating 'rules and regulations' this Department would be giving tacit approval for persons to violate the Vehicle and Traffic Law. Secondly, by participating in the implementation of the proposed amendment, this Department would be liable to an accusation by the Police Benevolent Association that we are facilitating the supplanting of Union work by non-union members in violation of the Collective Bargaining Agreement and the constraints imposed by PERB. RECEIVED AND FILED NO. 43 Understaffing of Law Enforcement Officers in the Masten District CCP # 194, January 23, 2001 The current manpower staffing in E-District which encompasses parts of the Masten Council District is as follows: I -Inspector 2-Captains I3-Lieutenants I-Det Sgt 5-Detectives 102 Police Officers Patrol vehicles are as follows: 18 marked vehicles 2 unmarked vehicles The current minimum staffing for patrol vehicles are as follows: 0645-1600 S-SAT 6 Patrol cars--- MP permitting a detail car (special projects) 1600-2100 6 Patrol cars plus a Gang Suppression Unit 100-0200 10 Patrol cars plus a Gang Suppression Unit 0200-0645 6 Cars - Fri and Sat 7 patrol cars DPC Mark Blankenberg and Chief of Patrol Lawrence Ramunno would be happy to discuss the issue of staffing with Inspector Andrews and Council Member Thompson. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE CORPORATION COUNSEL NO. 44 Review of Nominee(s) for Re- Appointment-Commission on Citizens Rights and Community Relations C.C.P., 1/23/01, No. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of January 25, 200 1) that the following nominees to the Commission on Citizens Rights and Community Relations have no outstanding debts to the City: Adrian Rodriguez RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 45 RESTAURANT DANCING CLASS IV 678 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dancing License located at 678 Main and find that as to form it is correct. I have cause( an investigation into the premises for which said application for Restaurant Dancing license is being sought an( according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complie! with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Brian Nelson. The attached thereto for Brian Nelson d/b/a Cloud 9 at 678 Main. This request is submitted for your approval or whatever action you deem appropriate. Page 19 01-0206.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 RESTAURANT DANCING CLASS IV 3057 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached, application for a Restaurant Dancing License located at 3057 Main and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing license is being sougt, and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of John Lynch. The attached thereto for John Lynch d/b/a Cloud 9 at 3057 Main. Th', request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 USED CAR DEALER 270 ABBOTT Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car License located at 270 Abbott and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought a according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Brenda White. The attached thereto for Brenda White d/b/a Brenda White. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 USED CAR DEALER 795 BAILEY Raymond McGurn Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car License located at 795 Bailey and find that as to form it is correct. I have caused a investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Russell Crowley 111. The attached thereto for Russell Crowley III d/b/a Russell's Ant Center. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit & Inspection Services dated February 1, 2001, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Russell Crowley III, d/b/a Russell's Auto Center, located at 795 Bailey Avenue. PASSED AYES -13 NOES - 0 NO. 49 CERTIFICATE OF APPOINTMENT FOR RICHARD L. OGOREK, JR. AS DEPUTY COMMISSIONER OF PERMIT 81 INSPECTION Page 20 01-0206.txt SERVICES In accordance with the provisions of the Charter of the City of Buffalo, I hereby transmit the following Certificate of Appointment: Pursuant to the powers vested in me under the provisions of Article 17, Section 17-3 of the Charter of the City of Buffalo, I hereby certify that I have appointed Richard L. Ogorek, Jr. as Deputy Commissioner of Permit and Inspection Services, effective January 29, 2001. Mr. Ogorek resides at 325 McKinley Parkway, Buffalo, NY 14220. Richard Ogorek is a dedicated City employee, having worked in various building departments for 22 years. Most recently a Chief Building Inspector, he has been supervisor of the Building Code Review Office for over 2 years. He is responsible for working with the NYS Department of State Codes Division to resolve variance requests by Building Permit applicants in the City of Buffalo. Mr. Ogorek is a member of the Regulatory Reform Committee of the Buffalo Development Council of the Buffalo-Niagara Partnership. This committee has made recommendations to improve the City's construction permitting process. He is also a member of a public-private task force to recommend changes to the City's construction permit fee structure. Mr. Ogorek is currently a member of the New York State Technical Subcommittee for the International Building Code. This group is involved in the evaluation and enhancement of the new International Building Code, which will be adopted by New York State effective January 2002. He is also a member of that committee's Existing Buildings Task Group, as well as a member of the New York State Division of Code Enforcement & Administration's Buffalo Regional Board of Review. Other pertinent experience includes more than ten years as a Building Inspector, over five years as a Building Code Specialist, two years as Assistant Director for Construction Modernization with the Buffalo Municipal Housing Authority and over one year as Rehabilitation Housing Specialist in the Department of Community Development. Mr. Ogorek is also a member of the Niagara Frontier Building Officials Association. I hereby certify that Mr. Ogorek is fully qualified to fill the position of Deputy Commissioner of Permit and Inspection Services. RECEIVED AND FILED NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective: January 29, 2001 in the Department of Fire, Division of Fuel Devices in the Department of Permit and Inspection Services to the Position of Chief Combustion Inspector, Permanent Appointment at the Maximum Starting Salary of $ 43,650. Timothy Keenan, 77 Carlyle Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 51 RECOMMENDATION FOR COLLECTION AGENCY PARKING AND ADMINISTRATIVE ADJUDICATION FINES The City's contract with Great Lakes Bureau for collection services in these areas has expired. A Request for Proposals was issued by the Department of Administration and Finance in October 2000 Seven responses were received and from them three companies were selected for follow up interviews. All three were Buffalo-based operations. Staff from the Divisions of Collections, Parking Violations and Administrative Adjudication conducted the interviews. The result of the selection process is to recommend the engagement of Mercantile Adjustment Bureau, 707 Delaware Avenue. Mercantile is based in Buffalo, has experience in parking violations ticket collections (they are the collection agent for Rochester NY and for Buffalo State Page 21 01-0206.txt College), and submitted the lowest price among qualified respondents. Mercantile's cost of services will be 22%; by City ordinance, this will be passed oil to the debtor. I respectfully request your Honorable Body's approval of Mercantile Adjustment Bureau as collection agency for past due parking violations and administrative adjudication fines. Upon Council approval, contract terms will be negotiated and the final contract submitted to the Council for approval. The Divisions of Collections, Administrative Adjudication and Collections will be pleased to discuss the matter further should you so desire. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 52 YOUTH OPPORTUNITY PROGRAM DIRECTOR The Common Council at its January 17, 2001 Community Development Committee meeting requested information regarding appointment of a Director for the Youth Opportunity Program. As the individual appointed to this position will be key in determining the success of the Youth Opportunity Program, great care is being taken in selecting this Director. Interviews are presently occurring however a final selection has not yet been made. The Common Council will be notified when this occurs. On a related item, an Assistant Director has recently been appointed to assist in the day-to-day management and operation of the Youth Opportunity Program. Rosemary S. Soffin who has 18 years experience planning, operating and evaluating workforce development programs for the City including, most recently, eight years coordinating youth employability development programs, has been appointed to this position. Again, when a Youth Opportunity Program Director is named the Common Council will be so notified. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 APPOINTMENT OF DIRECTOR DIVISION FOR SENIORSE-RVICES ALFRED T. COPPOLA Pursuant to the powers vested in me under Article 16 of the Charter of the City of Buffalo, please be advised that I have appointed Alfred T. Coppola, 51 Lancaster Avenue, Buffalo, New York 14222 to the position of Director for Senior Services, effective January 29, 2001. As you are aware, Mr. Coppola served as the Delaware District Councilmember for several years and is the former New York State Senator, He has dedicated his life to the utilization of his skills, energies and vocational commitment to the growth and enhancement of our community. He has always been a firm advocate of our Senior, Citizens, and to introducing new expansions and programs which will enhance and meet the needs of the elderly. As such, he has developed a strong record demonstrating the use of his skills to teach, nurture and to lead agency, government, institutional systems and community organizations. Based on the above, I hereby certify that Mr. Coppola is fully qualified to serve as the Director of the Division for Senior Services. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 54 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE INTERNATIONAL UNION OF Page 22 01-0206.txt OPERATING ENGINEERS, LOCAL 17S JULY 1, 1998 THROUGH JUNE 30, 2002 Attached please find the Contract Settlement between the City of Buffalo and the international Union of Operating Engineers, Local 17S for the contract period July 1, 1998 through June 30, 2002. The Agreement is applicable to approximately 30 employees. It provides for four (4) years of salary increases from 1998 through June 30, 2002. The parties also agreed to modify provisions relating to dental insurance, medical insurance upon retirement, and health insurance. There are two "me-too" or "escalator" clauses. If a City union negotiates a percentage increase higher than 2.5% for the year 2001-2002, the W.O.E. will receive an adjustment in salary above the 2.5%. If a union negotiates an increase in auto allowance higher than $12.00/day, the W.O.E. shall similarly be increased. New articles were added to the contract. They are: perfect attendance incentive, sick leave bank, and flexible spending accounts. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 55 PERSONAL SERVICES CONTRACTS IN THE DEPARTMENT OF HUMAN RESOURCES The Department of Human Resources has two (2) personal services contracts as follows: SHL LJA, Inc. $166,400.00 Furnishing test development services for Firefighter selection pursuant to legal proceedings in USA v. City of Buffalo, 1974-C-1 95C. SHA LJA, Inc. $142,450.00 Furnishing test development services for police officer selection pursuant to legal proceedings in USA v. City of Buffalo, 1973-CV-414C. REFERRED TO THE COMMITTEE ON BUDGET FROM THE BOARD OF EDUCATION NO. 56 "F. MESIAH, NAACP, RECT. INFO.-MIN. MULTI-YEAR DEV. PROJECTS" "PART./HIRING GOALS-NEW SCHOOL CONST.REHAB-COB" #106, C.C.P., JANUARY 23, 2001 #191, C.C.P., JANUARY 23, 2001 The questions raised in Item # 106 and Item # 191 are being addressed in the Request for Qualifications for Program Manager. This document is currently in draft form and is being reviewed by the Board of Education and the Joint Schools Construction Board. Affirmative Action will be addressed. A public comment period will be held during the month of February after which time the details of the Request for Qualifications for Program Manager and the selection procedures will be made known. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 57 "J. FOLAN-LIGHTED SCHOOLHOUSE. PROGRAM-PAYMENT TO BD. OF* ED." ITEM NO. 94 C.C.P. JANUARY 23, 2001 The Lighted Schoolhouse Program has operated in the Buffalo Public Schools since the 1970's. Paul Rebholz, Director of School Plant Operations, has been with the Plant Department since November of 1993 and is responsible for preparing the charges for the Lighted Schoolhouse. The Division for Youth Lighted Schoolhouse Coordinator, Dexter Frank, receives a monthly billing prepared by Mr. Rebholz. The Division of Plant Services has riot received payment for Jan, March, Page 23 01-0206.txt June and July of 2000. The billing for Lighted Schoolhouse reflects cleaning and employee costs only. The cost for utilities is paid for by the Board of Education. The billing for use of facilities policy described above has not been changed. The Board of Education has not budgeted this expense and would need to add additional funds (approximately $85,000) to its budget to cover these costs. REFERRED TO THE COMMITTEE ON EDUCATION NO. 58 "P. HAZZAN-TURNER/CARROLL-REQ. ASSISTANCE IN SECURING FOOTBALL FIELD" The Buffalo Public Schools Harvard Cup Football League also faces home field problems. As you know, we use Wiley Field on Friday evenings and Riverside on Saturday in the morning and afternoon. We also use our All High Stadium for double header football games on Saturdays. Our teams do not have home fields. I would suggest that Turner/Carroll look into applying to community run Wiley Field for games on Saturdays, either in the afternoon or evenings. The only problem being that the field is fragile and could suffer from overuse. I do sympathize and understand your problem. If we can be of any assistance please call David B. Thomas, Director of Athletics at 851-3695. REFERRED TO THE COMMITTEE ON EDUCATION NO. 59 "N. ANDERSON-COMPLAINT-LANGUAGE BUS DRIVER - HILLARY PK. BUS #916" #92, C.C.P., JANUARY 31, 2001 Complaint will be investigated. Our standard procedure is to: 1.) discuss allegation with the Bus Driver and the Bus Aide. 2.) Interview other children on the bus for information 3.) Make a determination and take actions (corrective and disciplinary) as appropriate. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 60 BERC RESPONSE TO ITEM #88, C.C.P. JANUARY 23, 2001 "L. CAUDLE-CONCERNS-LACKOF GRANTS/LOANS ASSIST-SMALL BUSINESSMEN W/UTILITY COSTS" ITEM NO. 88, C.C.P. JANUARY 23,2001 This is in response to the letter sent to Charlie H. Fisher 111, Council Member at large dated 1/3/01 from Lena Caudle, owner of the East Ferry Moselle Laundromat. Ms. Caudle has requested information relative to where she can obtain community grants and low cost loans for repairs and improvements to her facility. She also is requesting information on funds available to defray the increased cost of utilities, including water. BERC through its Micro Loan Program, which is important to note was approved by the Common Council, can provide funds for needed repairs and improvements to the facility and for the purchase of furniture, fixtures and equipment. As part of a larger project, a small percentage of the loan can also provide working capital. The Micro Loan Program can provide 90% financing up to $25,000 at a fixed interest rate pegged ideally at prime + I% (currently 10%). However, the interest rate and other terms can be customized to accommodate the business, if, from a historical cash flow standpoint, the business does not generate sufficient cash flow to service level debt service payments. The BERC Micro Loan Program can provide funds, e.g. to purchase fuel efficient washers and dryers; pay the cost associated with Page 24 01-0206.txt increasing the usage fee of the washers and dryers, so that (as is a customary business practice) the increased utility costs (cost of doing business) can be appropriately passed on to the consumer. The Micro Loan can also provide the funds to expand the business. However, if the BERC loan funds renovations/expansion, Davis Bacon Wage Rates (union scale wages) would be applicable. It is important to note that BERC loans are governed by CDBG Regulations. Our funding must result in meeting one of HUD's National Objectives: Elimination of Slums and Blight, Low-Mod Job Creation, or Low-Mod Area Benefit (within a .5 mile radius). Once it is determined that the activity meets a national objective, it must also be an Eligible Activity pursuant to CFR 570.201 to 570.204. A BERC Loan Officer will contact Ms. Caudle immediately to offer our assistance. Attached herewith is a description of the Micro Loan Program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK No. 61 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 248 Delaware 248 Delaware 1167 Group 596 Genesee Arthurs Pub Joseph Florella 929 Elmwood 929 Elmwood Mark Hutchinson RECEIVED AND FILED No. 62 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: X Mayor/Mayor Executive- Strategic Planning Fred Heinle X Comptroller- Joseph Ruggiero X Public Works, Streets & Parks- Holly McNamara, Frank Mangione, Deborah Kader X Police- Linda Mc Donald X Management Information Systems John Rine RECEIVED AND FILED No. 63 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: X City Planning Board RECEIVED AND FILED No. 64 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Certificate of Appointment Appointment Effective: January 29, 2001. in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $8.00/HR Jason P. Kline 249 St. Lawrence Avenue BUFFALO NY 14216 Appointment Effective: January 9, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of $8.00 HR Page 25 01-0206.txt Monique L. Cox 283 Mills St. BUFFALO NY 14211 Appointment Effective: January 26, 2001 in the Department of COMMON COUNCIL to the Position of INTERN VI SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $10.00/HR Tamika Horton 211 Eagle Street #701 BUFFALO NY 14204 Certificate of Appointment Appointment Effective: January 22, 2001 in the Department of COMMON COUNCIL Position of INTERN I SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $7.00/HR Lodina Clyburn 193 Brunswick Blvd. BUFFALO NY 14208 No. 65 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED Certificate of Appointment Appointment Effective: February 1, 2001 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Clerk Seasonal Non-Competitive at the: Flat Starting Salary of: $ 8.00 Jacquelyn S. Mott 57 Chatham Avenue Buffalo 14216 Certificate of Appointment Appointment Effective: January 29, 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 Angel Gauthier, Jr 520 Plymouth Avenue,Buffalo , NY 14213 Certificate of Appointment Appointment Effective: January 26, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer Il Seasonal Non-Competitive at the: Flat Starting Salary of: $ 6.92 David P. LePage, Jr 121 School Street Buffalo, NY 14213 Certificate of Appointment Appointment Effective: January 22, 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 J. White, 79 Flower Street, Buffalo, NY 14214 Mark J. Giardina, 1310 Delaware,Buffalo NY 14209 Monica M. Grabowski, 98 Montgomery, Buffalo, NY 14206 Timothy M. Hanrahan, 205 Whitfield, Buffalo, NY 14220 Jerome M. Jerozal 27 Davey Buffalo , NY 14206 Horace L- Miller 61 Gatchell, Buffalo NY 14211 Frederick T. Mosca, 588 Dorrance Ave Buffalo NY 14218 Ralph L. Patterson, Sr. 2512 Bailey Avenue, Buffalo, NY 14215 Sylvester A. Robinson 254 Orange Street Buffalo, NY 14204 Joseph R. Slomba 190 O'Connell Buffalo, NY 14210 Christopher F. Sterlace, 68 Trowbirdge, Buffalo, NY 14220 Edward Tooles, 26 Rose Street Buffalo, NY 14204 Ernest Watson, 170 Reed Street, Buffalo, NY 14211 James G. Bartell, 46 Mariner Street, Buffalo, NY 14201 Brian Bruyee, 391 Hewitt, Buffalo, NY 14215 James Dempsey, 190 Melrose Buffalo, NY 14210 Terry Freeman, 410 Clinton Street, Buffalo, NY 14204 Charles A. Guagliano, 181 Congress Street, Buffalo, NY 14213 Shirley D. Jackson, 298 Riley Street Buffalo, NY 14208 Herman F. Johnson, 715 Delaware Ave Apt. 203, Buffalo , NY 14209 Thomas C. Kelley, 382 Okell Street, Buffalo, NY 14220 Jerry L. Kirkland, 4 Devon Green Court ,Buffalo, NY 14204 Michael R. LaFrano 37 Virgil Street Buffalo, NY 14216 James LeGrand, 48 Glenwood, Buffalo, NY 14208 Abdalla S. Mahamud, 329 Potomac Buffalo, NY 14213 Page 26 01-0206.txt Anthony D. Moye, 600 Sycamore Street, Buffalo, NY 14214 Rory T. Newton, 64 Fox, Buffalo, NY 14212 Anthony Nigro, 28 Wellington, Buffalo, NY 14216 Michael J. O'Grady, 212 Summit Buffalo, NY 14214 Thomas R. Olszewski, 42 Sheffield Ave, Buffalo, NY 14220 Paul J. Podsiadlo, 282 Cumberland Avenue, Buffalo, NY 14220 NO. 66 Appointments -Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements). REFERRRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment Effective: February 12, 2001 in the Department of to the Position of Administration & Finance Division of Collections Account Clerk Typist Permanent Open Competitive at the: Minimum Starting salary of: $25,005.00 Certificate of Appointment Appointment Effective: January 31, 2001 in the Department of Audit and Control Division of Accounts Payable to the Position of Junior Data Control Clerk Provisional Appointment at the: Minimum Starting Salary of: $24,440 Denise Bell, 248 Glenwood Ave, Buffalo NY 14208 Certificate of Appointment Appointment Effective: January 22, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Senior Auditor Temporary Appointment at the Starting Salary of: $ 36,028 Gloria Schiavone, 3 Hecla Street, Buffalo, NY 14216 Certificate of Appointment Appointment Effective: January 29,2001 in the Department of Community Services Division of Youth Court to the Position of Case Manager Temporary Appointment at the Minimum Starting Salary of: $ 28,323 Pam Kehoe, 436 Linwood Ave. Apt#2, BuffaIo , NY 14209 Certificate of Appointment Appointment Effective: January 29, 2001 in the Department of: Police to the Position of: Crossing Guard Temporary Non-Competitive at the: Minimum Starting Salary of: $ 7.09 Sharon Wells, 69 Camp St., Buffalo, NY 14204 Certificate of Appointment Appointment Effective: January 25, 2001 in the Department of: Police to the Position of Police Officer Contingent Permanent Appointment at the: Minimum Starting Salary of: $ 36,131 Charles J. Clifford, 40 Alsace Drive, Buffalo, New York 14220 Sollie Boone, 66 Mulberry St., Buffalo, New York 14204 Tina L. Ferraro, 339 Crowley Avenue, Buffalo, New York 14207 Patrick J. Humiston, 112 Indian Church Rd. Buffalo, New York 14210 Patricia A. Parete, 552 Breckenridge St., Buffalo, New York 14222 Steven P. Alvarez 79 Delaware Ave Apt #3 Buffalo, New York 14202 Lisa L. Wedlake, 147 Lovering Ave, Buffalo, New York 14216 Jennifer J. Zanghi, 94 Duerstein St. Lwr Buffalo, New York 14210 Suzanne J. Bohen, 156 McKinley Pkwy, Buffalo, New York 14220 Certificate of Appointment Appointment Effective: January 25, 2001 in the Department of: Police to the Position of: Police Officer Permanent Appointment at the: Minimum Starting Salary of: $ 36,131 Melissa A. LeBron, 105A Altruria St., Buffalo, New York 14220 Anthony J. Szymkowiak, 1155 Trowbridge St. Buffalo, NY 14220 Steven A. Maslowski, 147 Marine Dr. Apt #7E Buffalo, NY 14202 Christopher F. Sterlace 68 Trowbridge St. Buffalo, New York 14220 Shawn D. Adams, 1061 Tonawanda St. Buffalo, New York 14207 Nicholas K. Budney, 99 Salem Street Buffalo, New York 14220 Page 27 01-0206.txt Shrmeeka Baugh,194 Leroy, Buffalo, New York 14214 David J. Barczak 98, Sheffield Ave. Buffalo, New York 14220 David M. Rachunam, 71 Marbeth Ct., Buffalo, New York 14220 Timothy W. Wagner, 31 Gallatin Avenue, Buffalo, New York 14207 William J. Cooley, 189 Ridgewood Rd, Buffalo, New York 14220 Joseph D. Donovan, 19 Sage Avenue, Buffalo, New York 14210 Donna M. Benitez, 20 Silverdale Place, Buffalo, New York 14210 Eric W. Fuller, 99 Victoria Avenue, Buffalo, New York 14214 Carl E. Andolina, 920 Amherst Apt #2 Buffalo, New York 14216 John T. Evans, 366 Eden Street Buffalo, New York 14220 Denise M. Casey, 72 Dundee Street, Buffalo, New York 14220 Mark C. White, 181 McKinley Pkwy Apt #2, Buffalo, New York 14220 Jeffrey T. Banes, 499 Marilla Street Buffalo, New York 14220 Michael R. Sullivan, 178 Ridgewood Rd. Apt #2 Buffalo, NY 14220 Joanne E. Patterson, 31 Marine Drive Apt 5H, Buffalo, NY 14202 Derrick R. Banaszak, 497 South Legion Dr. #16, Buffalo, NY 14220 Linda M. McDonald, 22 Payson Street, Buffalo, New York 14220 David R. O'Brien, 161 Marine Dr. Apt #76 Buffalo, New York 14202 Scott A. Blesy, 49 Crestwood Avenue, Buffalo, New York 14216 Raymond M. Krug, 153 Shedandoah Rd. Buffalo, New York 14220 Robert Sperduti, 23 Latona Ct Apt #3 Buffalo, NY 14220 Jason M Mayhook ,76 St. James Place Buffalo, New York 14222 John W. Caruso, 457 Stockbridge Avenue, Buffalo, New York 14215 Corey R. Krug 153 Shenendoah Rd. Buffalo, New York 14220 Louis A. Cardona II, 40 Laforce Place, Buffalo, New York 14207 Isaac K. Johnson, 40 Pansy Place, Buffalo, New York 14208 Franklyn E. King, Jr., 125 Lockwood Avenue, Buffalo, New York 14220 Judith M. Bigelow, 143 Kenefick Avenue, Buffalo, New York 14220 Appointment Effective: January 22, 2001 in the Department of: Police to the Position of: School Crossing Guard temporary non-competitive at the minimum Starting Salary of: $ 7.09 Ethel Cummings, 182 Hagen St., Buffalo, NY 14215 Appointmoent Effective: January 25, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary $10.25 John F. Schieber, 164 Dundee Street, Buffalo 14220 Appointment Effective January 20, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment at the: Flat Starting Salary of $ 10 .25 Paul N. Calmes, Sr.,159 Como Avenue, Buffalo 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 67 CONCERNS CONSTRUCTRUCTION OF HENNEPIN PARK SENIOR CENTER SUBJECT - DANGEROUS SITUATION 1/28/01 This is formal notice that a "dangerous situation" will exist, if the City of Buffalo allows the East Lovejoy Youth & Senior Center, in Hennepin Park, to be constructed, as presently designed, (with a 10 foot wide 2nd floor kitchen.) The kitchen help will have to either carry a heavy scalding-hot pwi over 5 1/2 feet from the stove to a stearn. table, or have a working/walking lane of only 1 1/2 feet between stove & table. When, (not if), someone is hurt, the City of Buffalo will be held responsible. RECEIVED AND FILED NO. 68 CONCERNS GRASS CUTTING 401 FULTON I'm writing to you in reference to a grass cutting bill for my adjoining Page 28 01-0206.txt property at 401 Fulton Street, The city is claiming that they cut the grass on said property August 8, 1999, I received a bill for this in September of 1999 for $52.50~ 1 have been trying to explain to several city personal that my property at 401 Fulton is fenced in and has been fenced in since the fall of 1990 by Argy fenw company, Inorder for them to have cut the grass they would have had to jump a 6' stockade fence or jumped ever my locked gate at 403 Fulton street, I hope you can help me with this matter bemuse they did not cut my grass. My husband and myself have taken care of our property since we moved here in September of 1989, I am also sending you copies of the bills and a picture of the front of my house with adjoining fenced in lot. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 69 J DOHERTY COMPLAINT LANGUAGES USED ON SCHOOL BUS We have investigated and reviewed the circumstances surrounding Item #92 C.C.P. January 23, 2001 N. Anderson-complaint-language on the bus-Hillary Pk. Bus #916 As part of this investigation a video camera was installed on Bus #916 on twelve different occasions since the complaint was received. The driver of the bus, who is the same driver named in the above complaint, was not aware of whether or not a camera was present A review oil the tapes following these separate runs revealed nothing out of the ordinary with the bus passengers or the driver. Laidlaw Branch Manager Chris Turnpoloff, he-, reviewed with the driver the written allegations concerning his behavior or December 18 2000. It was explained that conduct of this nature would not be tolerated and any future complaints if verified would result in discipline, A class in proper Student Management techniques is being scheduled for all Laidlaw Education Services drivers at the Lackawanna branch. A copy of the written complaint from Nettie Anderson, a note documenting the conversation between the driver in question and Mr. Tumpoloff, and a copy of this letter will be kept in the driver's permanent file. It is cur hope that the follow-up actions taken in response to this incident meet with your satisfaction. If I can be of any further assistance please do not hesitate to call. REFERRED TO THE COMMITTEE ON EDUCATION NO. 70 FRANCZYK PARK WORK PLAN Please file the attached City of Buffalo Franczyk Park Drainage Improvement Project Work Plan Supplement. REFERRED TO THE COMMITTEE ON FINANCE NO. 71 D FATIG -RESIGN TEMP BOILER INSPECTOR I regretfully resign my position as Temporary Boiler Inspector. It is with deep regret that I must resign. It was a great experience, one that I enjoyed very much. The possibility of joining the Department in the very near future as a Provisional Employee is what I will be striving towards. I appreciate the time and effort everyone in the department gave me. I am of the opinion that I was in the company of Professionals. I hope to be able to work in this capacity again. RECEIVED AND FILED NO. 72 M. FERDMAN-REQUEST BERC RECOGNITION OF NEIGHBORHOOD BUS DISTRICT CREATE JOBS I absolutely agree with your remarks in the Buffalo News article of Page 29 01-0206.txt January 15, 2001. I would like to outline a fundamental problem all the City of Buffalo shopping districts share and offer a proposal for a solution. The problem is that it is so difficult to attract shops with the basic services that families need. Elmwood Avenue is an example - you can't buy jeans, socks, underwear or a baseball glove there. This results in local shoppers' flight to malls and large department stores. I strongly agree with you that a strong community business district will strengthen the surrounding residential area, and the converse is, unfortunately, also true. (The University District in particular is suffering because of the accelerating disinvestment by LTB, as it moves as much as it can out of the City to the North Campus.) I also strongly agree with Mr. Luman Ross' point that job creation results from thriving commercial districts. This is where the solution could come. I believe the Buffalo Economic Renaissance Corp. should recognize neighborhood business districts as fertile ground for its mission of creating City jobs. Although our experience is that it is unrealistic to expect to attract national chains, local entrepreneurs, especially young people with good ideas and lots of enthusiasm, are a good source of new businesses, but they need capital to get started. BERC's programs are not adequately supportive of this resource. Perhaps the City's business districts should unite and approach the BERC to help us simultaneously create jobs and strengthen our neighborhoods. REFERRED TO THE COMMITTEEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RESSAINCE CORPORATION NO. 73 C. FISHER-V BROWN COMPLAINT DOCUMENT ENV, ETC FIRE DEPT I hereby submit for filing a fire fighter's complaint and documentation concerning the "hostile working conditions and environment and harassment with the City of Buffalo's Fire Department." REFERRED TO THE COMMITTEE ON COMMUNITY RELATIONS AND CITIZENS RIGHTS AND THE COMMISSIONER OF FIRE NO. 74 MASTEN NEIGHBORHOOD HUMAN SERVICES CORP. EXCLUSION FROM MAYORS BUDGET CDBG YEAR 27 I hereby submit for filing copies of a letter from the Masten Neighborhood Human Services Corporation/JUSENDO program regarding its exclusion in the Mayor's proposed budget for CDBG year 27. RECEIVED AND FILED NO. 75 R. GIBSON-CONCERNS FUEL GAS SCAM Dear Senator Brown: As constituents it is our duty to inform you of unethical practices that are happening in the community that you may not be aware of We are therefore writing to you in order to shed some light on the disturbing occurrence of fuel gas scams, Last year different companies surfaced and were on the campaign to persuade elderly and low-income individuals to switch their gas service carrier with the guise that they will be receiving better and cheaper service. The community, looking for a solution to rising gas prices can be easily persuaded to sign up, i.e. seniors, low income, disabled, and any other disadvantaged individuals. This year the company that has been combing the community is Total Gas and Electric (which is approved by the NY Public Service Commission) as per their agreement. The sales representatives are telling these people that they can save up to 50% off on their gas costs with no obligation. They Page 30 01-0206.txt state that individuals can cancel after 30 days of service, however, this is not so. The contract actually reads that "you may cancel within 30 days if you are not 100% satisfied" however on the flip side of the contract it states that you will only receive 1.5 percent savings the first month then another 1.5 percent the next month. A savings of 1.5 percent is no where MS, Ednear 50% off gas costs and early cancellation is also penalized by a $75.00 fee per their contract. Where are the savings? Did the NY PSC do any investigating before this was approved? If not, why not? What are the requirements that these companies have met in order to provide this service? Is it the company that is saying this or the representatives themselves saying what the public wants to hear in order to receive commission? If it is the representatives, we would like to know what the company is doing to correct this problem. If it is indeed the company providing the wrong information to their sales representatives than we would like for our elected officials to further investigate their motives. There are currently 12 energy service companies that have surfaced from National Fuel Gas using their equipment.The point of this letter is there are too many disadvantaged, elderly, low-income families who are struggling now to make ends meet and to have an extra expense placed on them is unfair, unwarranted and uncalled for. We need your help, please. REFERRED TO THE ATTORNEY GENERAL AND THE PUBLIC SERVICE COMMISSION AND THE CORPORATION COUNSEL NO. 76 CONCERNS TREE 305 LASALLE Please late file enclosed correspondence for Tuesday, February 6, 2001 Council Thank you for your attention to this matter. Betty Jean Grant University District Council Member REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 77 EXPIRATION OF MARINE DRIVE LEASE Attached letter Please file the attached letter for the next Common Council meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 78 J HANNON PURCHASE OF 762 EAST AMHERST ST CLOSING The above mentioned property is now ready for delivery to you upon application to this office, Room No. 1139 City Hall. Kindly call this office upon receipt of this letter to consummate this transaction. The attached statement indicates the amount due at closing. In addition, it will be necessary to bring with you $57.50 in cash for necessary recording fees. There is also an additional charge of $7.50 for the legal description provided by the Division of Real Estate. Thank you for your prompt attention to this matter. Very truly yours, Michael B. Risman Corporation Counsel RECEIVED AND FILED NO. 79 LAMAR OUTDOOR ADVERTISING-LIST OUTDOOR ADVERTISING BUFFALO, NY City of Buffalo location list available in the Cfity Clerk's Office. Page 31 01-0206.txt RECEIVED AND FILED NO. 80 C JOHNSON-CONCERNS DEMOLITION 41 PARKRIDGE AVE I am requesting this claim be filed for the next full Common Council meeting on Tuesday, February 6, 2001. I am requesting an opportunity to appear before the Demolitions Committee regarding the demolition, taxes and interest associated with the property of 41 Parkridge Avenue. I also request the presence of the Fire Marshall, who declared the emergency demolition to appear at this hearing REFERRED TO THE COMMITTEE ON CLAIMS AND THE CORPORATION COUNSEL NO. 81 BUFFALO AND ERIE COUNTY PUBLIC LIBRARY Attached please find a copy of the Buffalo and Erie County Public Library's Strategic Plan. Please file this item for the February 6, 2001 Council Meeting. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON EDUCATION NO. 82 J. MACIEJEWSKI-CITYWIDE REASSESSMENT PROGRAM This office been notified that the successful first phase of the reassessment project being done through the City of Buffalo Department of Assessment in conjunction with GAR Associates Inc., and the New York State Office of Real Property Services has been completed and that there were less than 3,500 formal complaints and less than 2,500 informal reviews. I would like to congratulate your Department of Assessment staff on their diligent work in completing this project within approximately fourteen (14) months. This work having involved property valuations, fieldwork, plus education and public relations for the public was successfully completed due to the cooperation between the Department of Assessment staff, GAR Associates, Inc., and the New York State Office of Real Property Services. Your Department of Assessment staff is to be highly complimented for their efforts in the successful completion of this phase of the reassessment project. RECEIVED AND FILED NO. 83 G MCDUFFIE REG CONSIDERATION APPT TO COB REAPPORTIONMENT COMMITTEE I am writing this letter as a formal request to be appointed to the City of Buffalo Reapportionment Committee. This appointment will afford me an opportunity to contribute to an effort, which will impact on the future of our community. The appointment will also reinforce my personal commitment to the City in which I was raised, educated and have chosen to live and raise my family in. The personal and professional skills I possess will enhance my contributions to the rebirth, stabilization and growth of neighborhoods as well as the City as a whole. I have worked professionally in community based organizations with grassroots initiatives as well as statewide institutional activities. I hope that you will support my request for consideration to be appointed to the Reapportionment Committee. As a citizen of this community, it will afford me an opportunity to carry out my civic duty and allow me a personal opportunity to give back to this community which has been supportive of my family and I. Thank you for your consideration and attention in this matter. Please feel free to contact me at 856-8123, Ext. 229 (work) or at 834-0875 (home). Page 32 01-0206.txt RECEIVED AND FILED NO. 84 J. MCNAMARA-REQ ALLOCATION OF TRUCK TRAFFIC VULCAN ST We are residents and taxpayers of the OLD TOWN adjacent to GM POWERTRAIN. We are John McNamara, a retired truck driver and Laurene McNamara an registered nurse at the VA hospital. We have lived at 22 Vulcan street since 1979. We enjoy the park facilities, both the olmsted riverside park and the Auqua lane park. We use the riverside park and the riverwalk many times a week. We have become displeased with the significant increase in truck traffic, not only is it unsafe for the citizens using the park many being small children but it has become hazardous to our health, with the increase of diesel soot which is cancerous producing as well as other lung diseases. Not only do these trucks go dangerously fast down Vulcan street but they have been seen on Hotaling drive in riverside park. We feel the short comings of the traffic section of the enviromental report needs to be addressed immediately and we want a public meeting with all individual parties including GM. It is not necessary for Vulcan street to be a truck route. The citizens request for rerouting the thruway was ignored and the thruway rebuilt. Vulcan street exit on the thruway could be made a no truck exit allowing trucks to use the sheridan exit and eliminate Vulcan street. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND THE NEW YORK DEPARTMENT OF TRANSPORTATI AND GENERAL MOTORS NO. 85 D MILLER-REQ FOOD PANTRY MACHNICA CTR I am writing in regards to starting a food pantry the new machnica Center on Clinton and Gorski Street. As per our conversation and visit to your office on January 22, 2001, I am writing a formal request. As you know, Kaisertown is lacking in any type of community services and outreach. I am very aware of the need for this type of service in our immediate area. A small room at the center would be sufficient to start. There am no paid staff or overhead, except for the room and electric lights. I have considerable experience With St. Simons Food Pantry, of which I am director. I live in Kaisertown and have roots here from when I was born. I know the neighborhood quite well, and know this is a needed service in our area. I would work with the Food Bank of Western New York on obtaining grant money for food and supplies. Our West Seneca Americorps group is able to pick up food from the Food Bank of WNY and transport it to the center. I am asking our honorable Mayor Masiello and our Common Council to allow this endeavor to become a reality in Kaisertown. Thank you for your time and consideration of my request. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 86 D. PRIDGER-TRUE BETHEL BAPTIST CHURCH This letter serves to further clarify the need for the acquisition of several pieces of vacant land currently owned by the city. In a previous letter from the Chairman of the trustee board, of this church, it may have seemed as if the land was needed for the approved charter school, however the land is needed for the church because of the loss of space to the charter school and the congregations rapid growth. The True Bethel Church currently has a membership of 1800, operates a food pantry, clothing pantry, tutoring program and host Page 33 01-0206.txt several community organizations weekly meetings. We have been approved by the State of New York to begin a charter school at the site in September of 2001. The Charter school will take up 2/3 of our building and V2of our parking area. The church is in desperate need of additional space for parking and other church related uses. We have helped to keep several of the properties requested free from debris. We have accomplished more than $250,000 in renovations in our current facility and are now embarking on a $3,000,000 charter school building and a $70,000 sanctuary expansion. We -therefore request that the properties requested be transferred to the church for church use at no cost. These properties have not been occupied in years and have not been properly cared for since we purchased our present edifice. We would take pride in maintaining these properties. The list of properties are attached to this letter. Thank you for you consideration. If I may answer any questions, please do not hesitate to call. REFERRED TO THE COMMITTEE ON FINANCE, THE DIVISION OF STRATEGIC PLANNING, AND THE CORPORATION COUNSEL NO. 87 INFO EPARK SYSTEMS I am enclosing a copy of a "parking partnership proposal" for the city of Buffalo. A copy of our company proposal for the city of Vancouver is included for your reference. We can discuss the various elements of the proposal as it applies to the city during our Feb 6 meeting. I trust the enclosed information will be helpful. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 CONCERNS MUSIC DEPT BFLO ACADEMY FOR VISUAL & PERFORMING ARTS I am writing this letter to express my deep disappointment at what is happening at with the Music Department at the Buffalo Academy for Visual and Performing Arts. My son is a junior and majors in music. It is his desire to graduate with art Arts Diploma and go oil to college to major in music. When it was time for my husband, my sort, and myself to choose a High School, we, like many parents, looked into many schools including various public, catholic, and private High Schools. With my sons deep interest in music and his exceptional talent we believed that the Arts Academy would be the best choice for him. We spoke to many, parents and students who attended the school and were thrilled with the education they were receiving. We were also very impressed with the national awards that lhe school received for its Jazz Band and String Department. For two years I was very happy with my sons music education. He leaf-tied so much and loved everyday of school. Unfortunately, this is no longer true. Due to the unexpected departure of Mr. Boyer, former head of the Music Department and who had plus 15 years reaching experience, all has changed. It seems that due to the haste of the situation there was as was a swap of teachers. Mr. Boyer went to Hutch tech and Mr. Perizzinni, formally of Hutch Tech, was sent to out- school. No one bothered to check the mans reaching experience before sending him to our school. He has only, taught music in schools for two years. I believe that he lacks the experience to leach children of this caliber. This shows in his lack of preparedness and lack of rapport with the children. Close to the beginning of the year I spoke to Mr. Perizzinni regarding my soft. He flat out told me that because my son is so much more advanced musically it is flow time for him to sit back and let the others catch up. This is ridiculous! Isn't it this mans-job to challenge and keenly soils interested mislead, he is giving my son music he played in grammar school. My Son is bored and very discouraged with the Page 34 01-0206.txt music department at BAVPA and is asking me to enroll him in another school. possibly somewhere in Williamsville were they have art excellent Music Department. I am very disappointed and angry with the Board of Education. Quit frankly I add you to the list to blame in the decline of the Arts Music Department. It seems to me that you took the easy way out when it came time to replace Mr. Boyer. There was no search to find someone who was educationally qualified to leach these children, it was just a "tit for tat exchange and now the children have suffered because of it. You seemed to have forgotten that many of these children are the "cream of the crop "when it comes to the musically inclined children of Buffalo and that was one of the main reasons they, choose the Arts Academy. They, all applied, auditioned, and were accepted to BAVPA. They choose BAVPA because of what it offered. And unfortunately, right now it offers nothing much better 1han many of the grammar schools in Buffalo as far as a Music Department. Please do the right thing for these children. They want to excel in their music and call only do so with the right teacher. Please give these children the teacher that the need and deserve. Someone who will give them their pride back and showcase them as the exceptional musicians that they are. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION AND BUFFALO ACEDEMY SCHOOL NO. 89 TOWN OF AMHERST -WATCHDOG BUDGET COMMITTEE As you recall at the Special Town Board meeting on October 30, 2000 we passed a resolution, the Watchdog Budget Committee, regarding our intent to lower costs while providing for a continued high quality of public service. I ask that we kickoff this effort for the Watchdog Committee in the month of February. We can begin our first meeting with a review of my resolutions scheduled for our March 5th Town Board agenda. These resolutions have a potential for lower cost via a sector consolidation of services. 1 . The joining with other communities in the collection of debris and garbage along with a recycling program. 2. The consolidation of a sector area tax collection service based upon private banking - lock box collection. 3. The consolidation of a sector basis of Registrar of Vital Statistics. I am most willing to have co-sponsorship for these resolutions as well as accepting meaningful modifications. At our February meeting held day or evening we should invite all Town Board members, Town Dept. heads and Union representatives. Ideas pertaining solely to the Town of Amherst i.e. department merges can also be a review topic. The list is endless what we could be considering. At this meeting it is time we start. Looking forward to your setting our first meeting date. RECEIVED AND FILED NO. 90 A THOMPSON -50 WOMEN APOLLO THEATER PLAQUES Please file the attached letter on behalf of 50 Women wit a vision regarding Apollo Theater plaques. If you require any further information please do not hesitate to contact me at 851-5145. RECEIVED AND FILED NO. 91 T PETTIGREW-REQ HOMSTEAD LOT 254 LEMON ST Please file the attached item on behalf of Ms. Tracy Pettigrew for Page 35 01-0206.txt 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIVISION OF STRATIC PLANNING AND THE CORPORATION COUNSEL NO. 92 B. WILLIAMS-CONCERNS STUDENT SENECA HIGH SCHOOL Last week, I met with Mrs. Edna Norain in reference to several concerns regarding her son, Mantra Norain, a 14-year-old student at Seneca High School. As you will note from the attached police and medical reports, Mrs. Norain has sincere and grave concerns for the "safety and well being" of her son. She indicated that she has attempted to work with the proper education personnel and received unprofessional responses from both school personnel and the Transportation Supervisor. In an effort to have her son transferred and/or travel arrangements rerouted to avoid further conflicts with neighborhood youth, she contacted our office for assistance. It would, therefore, be greatly appreciated if you would make every effort to address this matter on behalf of Mantra Norain. Should you require further information regarding this problem, please contact me at 851-4980. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 93 MEMORANDUM OF AGREEMENT ERIE COUNTY COURTS MASTER PLAN IMPLEMENTATION PROJECT FILE NO. 28.20000033 Enclosed is the Memorandum of Agreement regarding the Erie County Court's Master Plan Implementation Project. Pursuant to the request of the Buffalo Preservation Board, The City of Buffalo Department of Public Works, Streets & Parks has been added as a party to this Agreement. The Amended Agreement was approved as to form at the Buffalo Preservation Board Meeting on February 1, 2000. I was advised by Mr. Laping to hand-deliver this Agreement to your office and that it would be signed by you and Mr. Laping at a meeting today. Please call me at 858-2222 once this document is signed and I will forward it to the proper Erie County Authorities for their signature. Thank you for your kind attention to this matter. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 94 L. WRIGHT REQUEST TRAFFIC LIGHT POULTNEY/KENSINGTON Several public hearings were held in the Council Chamber and at room 1417 where residents spoke quite passionately of the need to reinstall the traffic light at Poultney and Kensington. I Lawrence Wright, President of Parkridge / Clarence blockclub and members fully agree with the re-installation of the traffic light that had previously existed at the intersecting of Poultney and Kensington. We the blockclub of Parkridge / Clarence fully support the reinstalling of the traffic signal at Poultney and Kensignton. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 95 P. LAMPARELLI, AGENT, USE 110 HOPKINS FOR Page 36 01-0206.txt BUILDING ADDITION (HRG. 02/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 96 R. LUCCHINO, AGENT, USE 235 DELAWARE FOR TWO FREESTANDING NON-ACCESSORY SIGNS (HRG. 02/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 97 R. HARPER, AGENT, USE 222 GOODELL FOR BILLBOARD SIGN (HRG. 02/13/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 98 E. HECKMAN & O-PETITION-PSC-DISALLOW ADELPHIA RATE INCREASE WE, the following individuals who are ADELPHIA CABLE subscribers in the City of Buffalo, NY, petition the Public Service Commission to disallow the rate increase ADELPHIA CABLE has recently announced. We object most strenuously to this proposed excessive increase. RECEIVED AND FILED. REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 99 APPOINTMENT ACCOUNT CLERK (INTER) (ASSESS.) (ITEM NO. 40-C.C.P. JAN. 23, 2001) That Communication 40, Jan. 23, 2001 be received and filed and the permanent appointment of Carmen E. (Moses) Bryant stated above at the intermediate salary of $27,132 effective on January 4, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 100 APPOINTMENT MOTOR EQUIPMENT MECHANIC (MAX) (PW) (ITEM NO. 57-C.C.P. JAN. 23, 2001) That Communication 57, Jan. 23, 2001 be received and filed and the provisional appointment of William A. Garland stated above at the maximum salary of $30,035 effective on December 29, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 101 APPOINTMENT BUDGET EXAMINER (MAX) (POL.) (ITEM NO. 59-C.C.P. JAN. 23, 2001) That Communication 59, Jan. 23, 2001 be received and filed and the provisional appointment of Frank J. Faber stated above at the Page 37 01-0206.txt maximum salary of $46,224 effective on January 16, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 102 APPT.-CAPTAIN (MAX) (PERM.) (POL.) (CCP#60-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 APPT.-CAPTAIN (MAX) (PERM. CONT.) (POL.) (CCP#61-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 APPT. -LIEUTENANT (MAX) (PERM.) (POL.) (CCP#62-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 APPT. -LIEUTENANT (MAX) (PERM. CONT.) (POL.) (CCP#63-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 APPTS. -DETECTIVE (PERM.) (POL.) (CCP#64-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 APPTS. -DETECTIVE (PERM. CONT.) (POL.) (CCP#65-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 APPOINTMENT REPORT TECHNICIAN (MAX) (POL.) (ITEM NO. 66-C.C.P . JAN. 23, 2001) That Communication 66, Jan. 23, 2001 be received and filed and the provisional appointment of Deborah R. Zdon stated above at the maximum salary of $28,758 effective on January 16, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 109 REV. CERT. OF APPT.-DIRECTOR OF PERSONNEL (HR) (CCP#77-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 R. SUMLIN-CONC.-DISQUAL.-FAC.-SVS. COORD.-BD. OF ED. (BD. ED.) (CCP#78-JAN. 23, 01) That the above item be and the same hereby is received and filed. Page 38 01-0206.txt ADOPTED NO. 111 A.F.S.C.M.E. LOCAL #264-INFO. TRUCK DRIVER EXAM (CP) (CCP#26-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 R. SUMLIN-CONCERNS-DISQUAL.-FAC. SVS. COORD. COM-BD. OF ED. (CCP#62-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 NOTICE OF APPTS. -TEMP. /PROV./PERM. (C. CLK.) (CCP#49-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 NOTICE OF APPTS. -TEMP. /PROV./PERM. (C. CLK.) (CCP#87-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 115 CERT. OF NEC.-TRANSFER OF FUNDS-PUBLIC WORKS (COMPT.) (CCP#17-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 TRANSFER OF FUNDS - COMMUNITY DEVELOPMENT (ITEM NO. 118, C. C. P., JAN. 9, 2001) That the Comptroller be, and he hereby is authorized to reappropriate from the Department of Community Development - Capital Projects Fund to Capital Projects Fund, Division of Engineering, Demolitions - City Buildings in the amount of $500,000. Passed AYES-13. NOES-0. NO. 117 AUDIT-BROADWAY MKT CAPITAL IMPROVEMENTS (COMPT.) (CCP#10-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 L. MANZELLA-ERIE CO. LEG.-RES.-BROADWAY MKT. (CCP#106-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 K. ELLINGTON, BROADWAY REV.-RPT. TO BFLO. NIAGARA PARTNERSHIP (CCP#88-SEPT. 19, 00) That the above item be and the same hereby is received and filed. Page 39 01-0206.txt ADOPTED NO. 120 RESULTS OF NEGOTIATIONS - 150 AND 154 STANISLAUS STREET (ITEM NO. 16, C.C.P., JAN. 23, 2001) That the offer from Mr. Mark Wardak and Mrs. Cynthia Wardak, residing at 156 Stanislaus Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the sale of 150 and 154 Stanislaus Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES-13. NOES-0. NO. 121 LEASE - JFK COMMUNITY CENTER - 401 CLINTON STREET (ITEM NO. 6, C.C.P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Coordinator of Strategic Planning be, and he hereby is authorized to lease between the City and Ms. Colleen Cummings, Buffalo & Erie County Workforce Development Consortium, Inc., for lease of space at the John F. Kennedy Community Center, 401 Clinton Street for a four (4) year period, for the rental fee of Ten Dollars ($10.00) per square foot for an annual rent of One Hundred Eleven Thousand Five Hundred Twenty Dollars ($111,520.00) and their portion of the utilities consumed. In addition the tenant will pay an additional annual fee of One Thousand Five Hundred Dollars ($1,500.00) for use of the gymnasium, under the same terms and conditions as listed. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to said lease and that the Mayor be authorized to execute -the same. Passed. AYES-13. NOES-0. NO. 122 RENEW LEASE - LAMAR OUTDOOR ADVERTISING FOR VARIOUS BILLBOARDS (ITEM NO. 8, C. C. P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 123 PERMISSION TO ENGAGE CONSULTANT - MCKINLEY MONUMENT FOUNDATION STUDY (ITEM NO. 54, C.C.P., JAN. 23, 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 & Streets be, and he hereby is authorized to hire a consultant for a study of the foundation of the McKinley Monument at Page 40 01-0206.txt a cost not to exceed $30,000.00. PASSED. AYES-13. NOES-0. NO. 124 CHANGE IN CONTRACT - OLD 1ST WARD COMMUNITY CENTER (ITEM NO. 46, C.C.P., JAN. 23, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3 to New Era Construction, Inc., a decrease in the amount of $901.76, as more fully described in the above communication, for work relating to Old 1st Ward Community Center, General Construction, C #92010038. Funds for this project are to be credited to CPF 30341006 445 100 - Division of Buildings. Passed AYES-13. NOES-0. NO. 125 BMHA-OUTSTANDING NIMO BILLS FREDERICK TOWERS (CP) (CCP#14-DEC. 26, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 TRUE BETHEL BAPTIST CHURCH - ACQUISITION OF 566 & 568 WINSLOW AND 889 WOODLAWN (ITEM NO. 171, C. C. P., DEC. 12, 2000) (ITEM NO. 99, C. C.P., DEC. 26, 2000) That this Common Council supports and endorses the ongoing expansion and development efforts of True Bethel Baptist Church and supports them in the acquisition of the aforementioned parcels of land owned by the City. ADOPTED NO. 127 RECURRING CLAIMS RESULTING FROM CITY IMPOUND PROGRAM (MTG- 1/25) (CCP#108-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 B. WILLIAMS-INFO. CITY IMPOUND YARD (MTG. 1/25) (CCP# 110-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 L. LIVINGSTON-CONCERNS- STATUS OF PURCHASE-762 E. AMHERST (CCP#105-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 130 RICHARD STEWART, PETITION TO USE 170 E. EAGLE STREET - SOUP KITCHEN (RSF) (ITEM NO. 113, C.C.P., JAN. 23, 2001) That after the public hearing before the Committee on Page 41 01-0206.txt Legislation on January 30, 2001, the petition of Richard Stewart, agent, for permission to use 170 E. Eagle Street for a soup kitchen be, and hereby is approved. PASSED. AYES-13. NOES-0. NO. 131 MICHAEL SOLOMON, PETITION TO USE 1900 HERTEL AVENUE - TAKE OUT RESTAURANT (ITEM NO. 114, C.C.P., JAN. 23, 2001) That after the public hearing before the Committee on Legislation on January 30, 2001, the petition of Michael Solomon, agent, for permission to use 1900 Hertel Avenue for a take out restaurant be, and hereby is approved with the conditions as established by the City Planning Board. PASSED. AYES-13. NOES-0. NO. 132 GRAPHIC CONTROLS - CLOSURE OF VEHICULAR TRAFFIC - LOUISIANA STREET (ITEM NO. 50, C. C.P., DEC. 12, 2000) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to close the east and west access pavement in Louisiana Street from Carroll Street to Seneca Street and restrict Carroll Street to local traffic only from Chicago Street east as requested by Graphic Controls. PASSED AYES -13 NOES - 0 NO. 133 REQ.-GRAPHIC CONTROLS-CLOSURE-VEHICULAR TRAFFIC-LOUISIANA ST. (POL) (CCP#33-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 M. POLONCARZ, PETITION TO USE 20 KATHERINE - WAREHOUSE/OFFICES (ITEM NO. 104, C.C.P., OCT. 31, 2000) (ITEM NO. 135, C. C.P., DEC. 12, 2000) That after the public hearing before the Committee on Legislation on November 8, 2000, the petition of M. Poloncarz, agent, for permission to use 20 Katherine for warehouse/offices be, and hereby is approved. PASSED. AYES-13. NOES-0. NO. 135 ONE HUNDRED FOOT SETBACK/WATERFRONT DEV. (HRG. 6/22)(#133,6/29)(4132,3/23) (CCP# 118-NOV. 3 0, 00) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 136 ONE HUNDRED FOOT SETBACK/WATERFRONT PROPERTIES (CD) (CCP#34-FEB. 22, 00) That the above item be and the same hereby is referred to the Page 42 01-0206.txt Committee on Community Development. ADOPTED. NO. 137 PROJECT IMPACT (CCP# 113 -JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 REQ. PUB. HRG.- ADDRESS CHANGES-ALTRURIA & WILLINK STS. (PW) (CCP#45-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 V. LAUDISIO, US POST. SVS.- REQ. PUBLIC HRG.- ADD. CHANGES-ALTRURIA/WILLINK STS. (CCP#90-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 ADDRESS CHANGES-ALTRURIA ST. (FIRE) (CCP#67-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 G. LATONA-ADDR. CHANGES-ALTRURIA & WILLINK STS. (CCP#103-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 R. POOLE, NATL. FUEL-ADDR. CHANGES-ALTRURIA & WILLINK STS. (CCP#108-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 J. WILLIAMS-NIMO-ADDR. CHANGES-ALTRURIA & WILLINK STS. (CCP# 112-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 APPOINTMENT MEMBER TO THE COMMITTEE ON CITIZEN RIGHTS (ITEM NO. 1, 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 the appointment of Adrian Rodriguez, residing at 878 Niagara Street, as a member of the Committee on Citizen Rights be, and hereby is approved. PASSED AYES-13. NOES-0. NO. 145 Page 43 01-0206.txt ORD. AMEND. CHAPTER 116-BURIALS (HRG. 10/24) (CCP#164-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 J CHAMBLESS, METRO POLICING PATROL-FUNERAL PROC. ESCORTS (POL.) (CCP#40-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 J. CHAMBLESS, METRO POLICING-FUNERAL PROC. ESCORTS (PERMITS/INSP.) (CCP#40-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 FUNERAL ESCORTS (POL.) (CCP#51 -NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 BUFFALO RIVER GREENWAY (CCP#178-OCT. 31, 00) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 150 INSTALL STOP SIGNS ALONG HUDSON AVENUE (CCP#135-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 INCREASE OF RENTS-F. DOUGLASS TOWERS & FERRY GRIDER (BMHA) (CCP#56-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 OPPOSE RENT INCREASE-FREDERICK DOUGLASS TOWERS (CCP#270-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 A. DOMINO-REDEV. DOUGLASS TOWERS (CCP#98-JUNE 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 USED CAR DEALER LICENSE - 2292 BAILEY AVENUE (ITEM NO. 74, C.C.P., JAN. 23, 2001) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. Page 44 01-0206.txt NO. 155 SECONDHAND DEALER - 129 HOLDEN (A/K/A 130 CENTRAL PARK PLAZA) (ITEM NO. 43, C.C.P., DEC. 26, 2000) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Patti Bolser, d/b/a Rent-A-Center, Inc. #01892 located at 129 Holden (a/k/a 130 Central Park Plaza). PASSED. AYES-13. NOES-0. NO. 156 SECONDHAND DEALER - 440 MAIN STREET (ITEM NO. 32, 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 Secondhand Dealer license to Soo Kwang Lee, d/b/a Main Jewelers located at 440 Main Street. Passed. AYES-13. NOES-0. NO. 157 RESTAURANT DANCING CLASS IV - 228 FRANKLIN STREET (ITEM NO. 41, C.C.P., DEC. 26, 2000) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Mary Giamo, d/b/a Utopia, located at 228 Franklin Street. PASSED. AYES-13. NOES-0. NO. 158 NEW ERIE COUNTY COURTHOUSE PLAZA EASEMENT (ITEM NO. 36, C. C. P., JAN. 9, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 159 PRES. COALITION-NIAGARA ST. EASEMENT REQ. -NEW COURTHSE. PROJ. (CP) (CCP#34-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 W. MERLE SMITH-PARKING VIOLATIONS (CCP#66-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 A. HOLLINGSWORTH-REQ TRAILBLAZER SIGNS-EN. ANITA 0. JONES-FILLMORE/BEST (CCP#97-JAN. 23, 01) That the above item be and the same hereby is received and filed, Page 45 01-0206.txt ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 162 BURA CHECKLIST (CP) (CCP#28-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 N. GEROVAC-DOWNTOWN DEV. INITIATIVE GRANT-L.L. BERGER BLDG. (CCP#61-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 S. SCHOFIELD- SEQR-E. RATH BLDG. REHAB. (CCP#109-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 PUBLIC FORUM - BUFFALO WATERFTONT (ITEM NO. 188, C.C.P., DEC. 12, 2000) That the above item be and hereby is received and filed. ADOPTED. NO. 166 TRANSFER OF TITLE, 406 PRATT STREET (ITEM NO. 11, C.C.P., JAN. 9, 2001) That the Buffalo Neighborhood Revitalization Corporation be and it hereby is authorized to transfer 406 Pratt Street to the City of Buffalo; and That the Executive Director of Strategic Planning is hereby authorized to accept title to 406 Pratt Street on behalf of the City of Buffalo; and That the Director of Real Estate to enter into a lease agreement with the Pratt-Willert; and That the Corporation Counsel prepares the necessary documents for the transfer of title, lease agreement and that the Mayor be authorized to execute the same. PASSED AYES-13. NOES-0. EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 167 J. WALCZYK-BUS TRANSPORTATION FOR SON (CCP#67-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED TELECOMMUNICATIONS (JAMES W. PITTS, CHAIRMAN) NO. 168 METRO FIBER SYS. OF NY-OPER. TELECOM SYS. (CCP#37-JUNE 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 Page 46 01-0206.txt TCI-SHOW CASE SCHOOL (CCP#103-APR. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 NYS DEPT. PUBLIC SERVICE-FRANCHISE FEE AUDIT 1996 & 1997 (CCP#77-OCT. 20, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 TCG-REQ. ACCESS TO CITY ROW (CCP#49-JAN. 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 TCG SYSTEMS INC. (CC) (CCP#41-FEB. 9, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 PUBLIC ACCESS PROGRAMMING (CCP#161-APR. 6, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 S. APOLLO-RICOCHET-METRICOM-RIGHT OF WAY APPLICATION (CCP#67-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 AREA CODE 716 UPDATE (CC-OFC. OF TELEC.) (CCP#77-DEC. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 MFS TELECOM AGREEMENT (LAW) (CCP#36-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 R. ASHMAN-AMENDMENT-LIC. AGREE.-LEDCOR COMM. INC. & COB (CCP#93-APR. 18, 00) Mr. Pitts moved that the above item be recommitted to the Committee on Telecommunications. ADOPTED. NO. 178 R. ASHMAN-AMENDMENT-LEDCOR COMM. (TELECOM) (CCP#61 -MAY 2, 00) Mr. Pitts moved that the above item be recommitted to the Committee on Telecommunications. ADOPTED. Page 47 01-0206.txt NO. 179 ALLEGED MISHANDLING OF FUNDS (LAW) (CCP#35-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 AUDIT-OFC. OF TELECOM. -PUB. ACC. TV-TRUST/AGENCY FUND (COMPT) (CCP# 18-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 NOTIFICATION TO BNN NO LONGER REQ. SERVICES (TELECOM) (CCP#57-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 TERM BNN SERVICE (TELECOM) (CCP#58-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 INTERIM BFLO. TV ADV. COMM. (OFC. TELECOM) (CCP#67-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 R. BUTLER-BNN- INFO. -CHANNEL 18 (CCP#70-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 OBJECTIONABLE PROGRAMMING ON CHANNEL 18 (CCP#197-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 OBJ. PROGRAMMING ON CHANNEL 18 TELECOM) (CCP#83-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 187 BNN-RESPONSE-OBJECTIONAL PROGRAMMING ON CHANNEL 18 (CCP#95-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 188 E. HOLLERAN-AMER. BRDBND. -INITIATE PROC.-APPLY. COMP. CABLE TV FRANCH. (CCP#86-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 48 01-0206.txt NO. 189 POSS. SECOND CABLE TV FRANCHISE (CCP#183-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 190 POSS. SECOND CABLE TV FRANCHISE (OFC. TELECOM.) (CCP#66-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 R. LUCENTE 11-AMER. BROADBAND'S REQ.-BLDG. COMP. CABLE TV NETWORK (CCP#86-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 192 R. LUCENTE, AMER. BROADBAND'S REQ. -BLDG. COMPT. CABLE TV NTWK. (CCP#81 -JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 193 A. NEUBERT, TELERGY CENTRAL ROW FRANCHISE AGREE.-COA NOTICE (CCP#82-JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 194 S. HULL, CITY FEE/SURCHARGES ORD. (CCP#88-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 195 TELECOMMUNICATIONS LICENSE AGREEMENT (ITEM NO. 36, C.C.P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Mayor be, and he hereby is authorized to enter into a License Agreement with Fiber Technologies Networks, LLC for the maintenance of Telecommunications Facilities with a proposed route through the City utilizing the Public Right-of Way. Passed. AYES-13. NOES-0. RESOLUTIONS NO. 196 By: Mr. Coppola ORDINANCE AMENDMENT CHAPTER 94 - BOILERS AND ENGINES; ENGINEERS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 94-2 of Chapter 94 of the Code of the City of Buffalo be amended to read as follows: 94-2. Duties of Director of Fuel Devices. Page 49 01-0206.txt It shall be the duty of the Director of Fuel Devices to cause to be inspected once in each year all boilers used for the generating of steam power or for heating or steaming purposes and all tanks subjected to steam pressure used in any business, except such boilers and tanks as shall have been inspected and insured by some duly authorized insurance company within six (6) months of the time the Inspector shall offer to inspect the same, by making a careful examination of and subjecting the same to the same inspection required under Industrial Code Rule Nos. 4 and 14, as established by the Board of Standards and Appeals of the Department of Labor of the State of New York, with the exception that Section 5d of Industrial Code Rule No. 4 shall be amended to cover four (4) families instead of six (6) referred to therein. In the event there is no one appointed to the position of Director of Fuel Devices, the Chief Combustion Inspector shall be authorized to perform the duties of the Director of Fuel Devices. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel Note: Matter underlined is new. PASSED. AYES-13. NOES-0. NO. 197 BY: MESSRS. COPPOLA, FONTANA, PITTS AND MRS. MARTINO, MILLER-WILLIAMS AND MS. ELLINGTON COGENERATION AND DISTRICT HEATING Whereas: The high costs of energy, as well as, an energy shortage has prompted the heightened awareness of the need to find alternative ways to produce energy, and Whereas: Because of this crisis the State and Federal government have taken a strong position in support of local governments and communities that wish to explore their options to conserve energy and lower energy costs-, and Whereas: There are many different avenues to pursue in an attempt to accomplish these goals; and Whereas: Two of those avenues are District Heating and Cogeneration; and Whereas: This Common Council, during a convening of the Special Committee on Energy, along with the Administration, has seen a presentation on both District Heating and Cogeneration offered by Buffalo Thermal Energy; and Whereas: Because the expansion of Buffalo's District Heating System and the establishment of Cogeneration facilities within and throughout the City of Buffalo, these are two possible avenues to explore, and they need to be seriously discussed and carefully studied; and Whereas: The Department of Housing and Urban Development (HUD) and the New York State Energy Research and Development Authority (NYSERDA) has offered the City of Buffalo funds to study and pursue both of these options as ways for the City of Buffalo to conserve energy and reduce costs. Now, Therefore, Be It Resolved: That the Commissioner of Public Works, Parks and Streets and the Commissioner of Strategic Planning attend a meeting of the Special Committee on Energy on Thursday, February 16, 2001 at 2:00pm, in room 1417, and Be it further resolved: That the Commissioners submit to the committee at that time a copy of the City's application to NYSERDA for matching funds to conduct a study of Buffalo's District Heating System- and Be it further resolved: Page 50 01-0206.txt That the Commissioner of Public Works, Parks and Streets and the Commissioner of Strategic Planning be prepared at that time to discuss the development of an RFP for Cogeneration within the City of Buffalo. REFERRED TO THE COMMITTEE ON ENERGY, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF STRATEGIC PLANNING. NO. 198 By: Mr. Coppola WAIVE PERMIT FEES FOR RONALD MCDONALD HOUSE Whereas: Ronald McDonald House, 780 West Ferry Street, is a not-for-profit corporation dedicated to providing housing for the families of pediatric patients at Children's Hospital, Buffalo General, Roswell Park, ECMC, Millard Fillmore at Gates Circle, and the veterans Administration Hospitals; and Whereas: Since the Ronald McDonald House opened 17 years ago, it has provided a "home away-from-home" to more than 16,000 families from our local community. Each family receives a private bedroom with a telephone. Shared living areas include a living room, dining room, children's toy room, laundry facility, and a fully stocked kitchen; and Whereas: The kitchen is the most used room in the House, and after 17 years of use by more than 16,000 families, the kitchen needs to be renovated; and Whereas: The project will benefit more than 800 families from our local community and around the world who travel to Buffalo every year for specialized medical treatment for their children; and Whereas: Since Ronald McDonald House is a not-for-profit with a very limited budget and never refuses a family for their inability to pay, it would be beneficial to them if the City of Buffalo waived the permit fee for this project. Now, Therefore, Be It Resolved: That this Common Council, appreciating what Ronald McDonald House does for families of patients at area hospitals, and being sensitive to their financial position, hereby waives any and all permit fees required for the renovation of their kitchen as long as these improvements meet all requirements of the Permit and Inspection Services Department. PASSED. AYES-13. NOES-0. NO. 199 By: Mr. Coppola and Mr. Fontana ORDINANCE AMENDMENT CHAPTER 413 - STREETS AND SIDEWALKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of the Code of the City of Buffalo be amended to read as follows: 413-59. Sidewalk cafes. A. An owner or operator of a restaurant, as defined in Chapter 370, of the Code of the City of Buffalo, abutting in whole or in part upon a public street, who desires to extend the services of such restaurant onto the sidewalk portion of the public street on which the restaurant abuts, may file an application therefor with the Commissioner of Public Works, Parks and Streets. The application shall be accompanied by a currently dated plot plan drawn to a scale of one-fourth (1/4) inch equals one (1) foot, showing: (1) The location and size of the structure housing the restaurant. (2) The location and dimensions of the entire sidewalk between the curbline and the right-of way adjacent to the restaurant. (3) The length of the property lot line abutting the public street. Page 51 01-0206.txt (4) The contemplated hours of operation of the outside portion of the restaurant. (5) The number and location of tables to be placed in the sidewalk cafe area, together with the location of any railings, walls or planters to be placed therein. (6) The maximum number of people intended to be accommodated by the proposed extension. (7) Whether or not the sidewalk in front of the premises supports or contains a bus stop, utility pole or poles, public rubbish containers, a bus passenger shelter, fire hydrant, trees, public telephone or any permanent obstruction, and if so, their location. (8) Where on the premises there is to be found the water shutoff, gas shutoff and sewer vent. (9) As a requirement for construction and use of a sidewalk cafe as within this section, the design and plans shall include necessary access for persons with handicapping conditions by access routes at ground level or with a ramp or similar access to allow a barrier-free entrance to those persons with handicapping conditions. The Commissioner of Public Works, Parks and Streets shall approve all designs and plans for compliance herewith. B. The application and plot plan required in Subsection A above shall be filed with the Commissioner of Public Works, Parks and Streets. The Commissioner of Public Works, Parks and Streets shall forward a copy of the application to the City Planning Board, which shall review the application and approve the designs and plans submitted. The City Planning Board and the Commissioner of Public Works, Parks and Streets shall as soon as practicable forward the applications to the Common Council, together with their recommendations and suggestions concerning the proposed installation. The Common Council may approve the application, disapprove it or approve it with conditions. All approvals of the Common Council shall, in addition to other conditions it may impose, be subject to the following specific conditions: (1) No installation shall exceed twelve (12) feet in width. (2) In no case shall the unobstructed portion of the public passageway, after the installation of the sidewalk cafe, be less than four (4) feet in width, except that the Common Council may require an unobstructed passageway or more than four (4) feet in areas of high pedestrian traffic. (3) Sidewalk cafes may be installed no earlier than April 1, and all components thereof shall be removed from the public passageway on or before November 15 of each year, provided that the Common Council, upon application therefor, may permit a sidewalk cafe installation to remain in place throughout the year if the Common Council finds that said installation will not interfere with pedestrian traffic and that said installation presents no hazard or obstacle to snow removal. Any fee that may be charged for such encroachment in the public right-of-way shall be based on location, square footage of the encroachment and the length of time said encroachment remains in place. C. This section shall not be deemed to authorize any encroachment or obstructions permanent in character or permanently affixed to the main building containing the restaurant or permanently affixed to the public sidewalk. D. If the application is approved by the Common Council, the applicant shall also comply with al other applicable laws and ordinances and shall supply a construction-in-street bond issued by a surety company in an amount to be determined by the Commissioner of "Public Works, Parks and Streets. The form of said bond shall be supplied by the Commissioner to the applicant, be approved as to form by the Corporation Counsel and be approved as to the Page 52 01-0206.txt sufficiency by the Comptroller. The bond shall be filed with the Comptroller. E. The approval of the aforesaid application by the Common Council shall require a majority vote of the entire Council; provided, however, that if the Commissioner of Public Works, Parks and Streets and the City Planning Board recommend disapproval of the application, a two-thirds vote of the full Council shall then be required for approval. F. Upon compliance with all of the above requirements and upon procurement of all of the aforesaid approvals, including the construction-in-street bond required in Subsection D hereof, the [Director] Supervisorof Licenses of the Department of [Inspections and Licenses] Permit and Inspection Services shall issue a sidewalk cafe permit to the applicant upon his payment of any additional sum as required by Chapter 370 of the Code. The [Director] Supervisor of Licenses shall indicate on the face of the pen-nit the period for which the permit shall be effective. A new application for a sidewalk cafe pen-nit shall be submitted in accordance with these provisions by an applicant who desires to renew his permit to operate a sidewalk cafe. G. Any permit issued hereunder may be revoked by the Common Council without prior notice to the permittee. This power of revocation shall be considered a condition to the issuance of the permit. All permits issued hereunder shall be nontransferable and nonassignable, except upon obtaining the prior approval of the Common Council. H. Upon approval by the Common Council, the annual license fee to be paid by the applicant shall be as set forth in Chapter 75, Fees, per square foot of cafe encroaching upon the city right of-way, up to a maximum as set forth in Chapter 75, Fees. 413-67. Encroachment regulations. In the case of all encroachments upon the public right-of-way granted under this chapter, the following additional regulations shall apply, unless otherwise authorized by the Commissioner of Public Works, Parks and Streets with the consent of the Common Council: A. No encroachment placed upon the public right-of-way shall be less than eighteen (18) inches from any curbline. B. No encroachment which obstructs the view of pedestrians or vehicular traffic may be placed within fifty (50) feet of an intersection. C. No encroachment shall be placed so that less than eight (8) feet of sidewalk space between said encroachment and the frontage of a building exists for the purpose of pedestrian traffic. D. The Commissioner of Public Works, Parks and Streets shall have the authority to remove any encroachment in order to require street, sidewalk or curb replacement or any other necessary repair for so long as such removal is necessary. In the event that removal becomes necessary, the license fee paid by the applicant shall be refunded on the basis of the prorated time for which the removal was effectuated. E. The Commissioner of Public Works, Parks and Streets shall prescribe all necessary requirements as a condition to placing any encroachment upon the public right-of-way, including method of placement, manner of securing said encroachment, care and maintenance of said term, method of removal and/or replacement of said item and indemnification to the City of Buffalo as a condition of placement of said item. These conditions shall be in addition to any conditions imposed by the Common Council in granting approval. F. In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the city, the Commissioner of Public Works, Page 53 01-0206.txt Parks and Streets may order the immediate removal of said encroachment and shall notify the Common Council of all notices so issued. Any fee paid for such encroachment so removed shall be refunded on a pro rata basis, taking into account the amount of unused time remaining on the license granted therefor. G. In the case of any item not enumerated in this chapter, which a person, firm, corporation or organization wishes to place upon the public right-of-way, permission shall be sought from the Common Council upon recommendation of the Commissioner of Public Works, Parks and Streets, and approval shall be granted upon conditions, including appropriate fees recommended by the Commissioner of Public Works, Parks and Streets. H. Any encroachment by an enclosed sidewalk cafe or other semi-permanent structure into the public right-of-way shall be approved by the City Planning Board. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel Note: Matter underlined is new. PASSED. AYES-13. NOES-0. NOTE: Matter underlined is new. RESOLUTION NO. 200 BY Ms. Karen Ellington Increase in utility payments for C.R.U.C.I.A.L. WHEREAS: In the Rohr, Moselle, Koons, Genesee, Walden and area, there are a number of census tracts evidencing significantly high levels of poverty and therefore in need of various human services; and WHEREAS: These census tracts are further characterized by significant concentrations of school age youth, and young adults that are unemployed or underemployed; and WHEREAS: Historically, there has been a lack of facilities or equipment for recreational use or enjoyment, for any age group; and WHEREAS: Area residents via a local community based organization, C.R.U.C.I.A.L., requested and otherwise lobbied for governmental support, to fill this void; and WHEREAS: In July of 2000, C.R.U.C.I.A.L. moved into a new facility, owned and completely renovated by the City of Buffalo, that physically has three or more times the useable space than its former building, and in addition, includes a full size gymnasium; and WHEREAS: Since this time, utility costs have skyrocketed, going well beyond C.R.U.C.I.A.L.'s ability to absorb this extra cost; NOW, THEREFORE, BE IT RESOLVED THAT: That the Commissioner of Public Works, Parks and Streets identify funds to pay fifty percent of the utility costs that C.R.U.C.I.A.L. has incurred from July 1, 2000, and will hereafter incur. REFERRED TO THE COMMITEE ON FINANCE THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE CORPORATION COUNSEL. RESOLUTION NO. 201 By: Charley H. Fisher, III A "Walkable" Buffalo Whereas: This winter, the City of Buffalo received a record amount of snowfall earlier in the season than in past years; and Whereas: Complaints are on the rise from City of Buffalo residents who are unable to walk on sidewalks due to the lack of snow removal Page 54 01-0206.txt by the property owners. Children are walking to school or waiting for school buses in the streets, and adults are walking in the streets in order to get to their destinations. This creates a hazard for all, the pedestrian as well as the driver; and Whereas: Recently our Western New York community suffered a great tragedy. Two teenagers were killed and two others were seriously injured after being struck by a vehicle on Niagara Falls Boulevard. The teenagers were walking in the street because snow and ice blocked the sidewalk; and Whereas: As in most communities, including the City of Buffalo, property owners are responsible for keeping their sidewalks clear of snow, ice, and other obstructions. However many government departments react to complaints rather than proactively inspecting the sidewalks and fining violators after a snow fall; and Whereas: The City of Buffalo Ordinance requires every owner or occupant to remove all snow and ice which may have fallen upon a sidewalk abutting any public street before 9:00 a.m. This also includes the clearing of any handicapped access facilities; and Whereas: Violators of the City of Buffalo Snow Removal Ordinance may be subject to a fine of at least $10.50, but not exceeding $31.50; and Whereas: Through further exploration, monies may be available to fund a program in which neighborhood Block Clubs oversee the snow removal efforts of certain blocks within the City of Buffalo. This would include the homes of the elderly, handicapped, or those otherwise unable to remove snow on their own as well as the more than 11,000 vacant lots and 15,000 vacant properties with in the City of Buffalo; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo 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 above issues and forward suggestions on making the City of Buffalo a more "walkable" city; and Be It Further Resolved: That this Honorable Body, upon the coordinated development of the above mentioned program by 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 Be It Further Resolved: That the Mayor's Impact Team and Neighborhood Block Clubs, after identifying properties ii need of snow removal assistance, develop a schedule for designated snow removal initiative through-out the City of Buffalo between these two entities; and Be It Finally Resolved: That the Common Council requests the Bureau of Administrative Adjudication, the Mayor' Impact Team, the Department of Public Works, Parks & Streets, and the Corporation Counsel I attend the March 5, 2001, 10:00 a.m., Snow Removal Task Force Meeting, in Room 1417, 1 discuss the above raised concerns. REFERRED TO THE SNOW REMOVAL TASK FORCE, THE COMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL, THE DIRECTOR OF ADMINISTRATIVE ADJUDICATION MAYORS IMPACT TEAM RESOLUTION NO. 202 By: Mr. Fisher Fairness among African American workers of the Streets and Sanitation Department Whereas: It has been confidentially reported that there are no African American Supervisors in the Streets and Sanitation Department; and Whereas: It has been confidentially reported that there are no African Page 55 01-0206.txt American Formen in the Streets Department and no African American Formen out of eight districts in the Sanitation Department, in which four of the eight districts are African American neighborhoods; and Whereas: It has been confidentially reported that there are no African American dispatchers on any shift in Streets or Sanitation Departments; and Whereas: It has been confidentially reported that there is only one African American worker on third shift; and Whereas: It has been confidentially reported that from March 9, 1980 to February 4, 1991 only eight African Americans out of 116 workers received permanent status; and Whereas: It has been confidentially reported that over 175 African American employees are classified as seasonal workers and are not eligible for merit promotion, benefits such as health insurance, life insurance, decent wages or Union membership; and Whereas: The streets and sanitation Department may be in violation of The City of Buffalo's Living Wage Ordinance which establishes payment of a living wage to employees of contractors entering into contracts with the City of Buffalo. Now, Therefore, Be It Resolved: This Common Council requests these questions be answered and explained by the Commissioner of Public Works, Parks and Streets. Be It Further Resolved: This Council requests the City of Buffalo Municipal Civil Service Commission to provide to the Common Council and Civil Service Committee workforce and job classification of seasonal and permanent employees, with a break-out of ethnicity. Be It Further Resolved: This Common Council request that the Buffalo Municipal) Service Commission prepare seasonal employees for promotional tests by offering, test taking Training and referrals for remedial math and reading instruction Be It Finally Resolved: That Hearings of this matter be held in the Civil Service Committee of the Buffalo Common Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN RESOURCES RESOLUTION NO. 203 By: Mr. Golombek SUBJECT: Buffalo Municipal Housing Authority purchase of Hertel Homes Whereas: It has been indicated that the Buffalo Municipal Housing Authority (BMEA) is currently negotiating the purchase of the Hertel Homes Apartments located at 527 Hertel Avenue in the City of Buffalo's Black Rock/ Riverside area; and, Whereas: At the present time the BMHA operates 3 substantial housing developments - Shaffer Village, LaSalle Courts and Jasper Parrish - in the Black Rock/ Riverside area; and, Whereas: The residents, property owners and business owners of the Black Rock/ Riverside area are demonstrating a great deal of alarm over the lack of publicized information concerning BMHA's proposed acquisition of Hertel Homes as well as BMHA's future plans for Hertel Homes. Be It Resolved: That the Common Council of the City of Buffalo requests that the Buffalo Municipal Housing Authority file a report in the City Clerk's office by 2:00 PM on Thursday February l5h , 2001. The report is to include the following information: total units and vacancy rates for all Buffalo Municipal Housing Authority developments, total units and vacancy rates listed individually for Shaffer Village, LaSalle Courts and Page 56 01-0206.txt Jasper Parrish, total units in Hertel Homes. The report should also include a copy of the minutes from all BMHA board meetings where the purchase of Hertel Homes was discussed. The report should also include the BMHA's utilization plans for Hertel Homes and how BMHA's purchase will affect the dollar amount of property taxes paid by Hertel Homes to the City of Buffalo; and, Therefore Be it Finally Resolved: That the Buffalo Municipal Housing Authority not move towards completing any acquisition of the Hertel Homes Apartments until they have reported to this Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY RESOLUTION NO. 204 By: Mr. Golombek and Mr. Pitts SUBJECT: Invite Ukrainian Schooner "Batkivschyna" to the 2001 Friendship Festival 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 it's recent successful fight for independence; and, Whereas: In addition to the historical education that the Batkivschyna offers its visitors, the tall ship also serves as a focal point for the "Children of Chernobyl Relief Fund". The fund has raised millions of dollars to date including thousands most recently 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: That this honorable body recognizes that a major part of the Friendship Festival is the celebration of United States independence and as such we should welcome and celebrate with representatives from nations that have similarly won independence; and, Be it Finally Resolved: On behalf of the citizens of the City of Buffalo and the large number of persons of Ukrainian descent on both sides of the US/Canadian border this Common Council would like to extend an invitation to the Ukrainian gaf schooner Batkivschyna to attend this year's Friendship Festival. In addition this Common Council also requests that the Mayor of the City of Buffalo as well as the organizers of the Friendship Festival formally invite the tall ship to participate in this year's Friendship Festival. ADOPTED RESOLUTION NO. 205 By: Mrs. Grant: Subject: Refunding Bond Resolution $110,000,000 Bonds Refunding of 1991, 93, 94, 95, 97, 98 and 99 Outstanding Bonds Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of said City, stating the plan of refunding, appropriating an amount not to exceed $110,000,000 therefor, authorizing the issuance of $110,000,000 Refunding Bonds of said City, or so much thereof as Page 57 01-0206.txt may be necessary, to finance said appropriation, and making certain determinations all relative thereto. Recitals Whereas, the City of Buffalo, New York (herein called "City"), has heretofore issued: on November 26, 1991 its $70,520,000 Refunding Serial Bonds-1991 (herein called the "1991 Bonds"), now outstanding in the principal amount of $19,915,000; on March 9, 1993 its $14,664,000 General Improvement Serial Bonds-1993-A (herein called the "1993-A Bonds"), now outstanding in the principal amount of $6,475,000, and its $16,125,000 School Serial Bonds-1993-13 (herein called the "1993-13 Bonds"), now outstanding in the principal amount of $11,800,000; on February 23, 1994 its $13,987,000 General Improvement Serial Bonds-1994-A (herein called the "1994-A Bonds"), now outstanding in the principal amount of $7,125,000,and its $5,250,000 School Serial Bonds-1994-13 (herein called the "1994-B Bonds"), now outstanding in the principal amount of $3,735,000; on December 14, 1995 its $20,464,000 General Improvement Serial Bonds-1995-A (herein called the "1995-A Bonds"), now outstanding in the principal amount of $11,205,000; its $1,020,000 School Serial Bonds-1995-13 (herein called the "1995-13 Bonds"), now outstanding in the principal amount of $695,000; on February 19, 1997 its $39,052,000 General Improvement Serial Bonds-1997-A (herein called the "1997-A Bonds"), now outstanding in the principal amount of $27,420,000; its $18,800,000 School Serial Bonds-1997-13 (herein called the "1997-B Bonds"), now outstanding in the principal amount of $11,260,000; on February 12, 1998 its $35,980,000 General Improvement Serial Bonds-1998-A (herein called the "1998-A Bonds"), now outstanding in the principal amount of $28,435,000; on February 25, 1999 its $45,758,000 General Improvement Serial Bonds-1999-A (herein called the "1999-A Bonds"), now outstanding in the principal amount of $40,125,000; and on December 14, 1999 its $36,996,000 General Improvement Serial Bonds-1999-D (herein called the "1999-D Bonds"), now outstanding in the principal amount of $34,535,000 and its $16,350,000 School Serial Bonds-1999-E (herein called the "1999-E Bonds"), now outstanding in the principal amount of $15,855,000; and such bonds bearing interest at the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and Whereas, Section 90.10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), permits the City to refund all or a portion of the outstanding unredeemed maturities of such bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the City; now, therefore, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: a. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 1991 Bonds, 1993-A Bonds, 1993-B Bonds, 1994-A Bonds, 1994-B Bonds, 1995-A Bonds, 1995-B Bonds, 1997-A Bonds, 1997-B Bonds, 1998-A Bonds, 1999-A Bonds, 1999-D Bonds, and 1999-E Bonds of the City of Buffalo, New York. b. "Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof. C. "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. d. "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Page 58 01-0206.txt Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually), necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the bona fide initial public offering price including estimated accrued interest, or, if there is no public offering, to the price bid including estimated accrued interest. e. "Redemption Date" means August 1, 2001 for the 1991 Bonds To Be Refunded, February 15, 2003 for the 1993-A and 1993-B Bonds To Be Refunded, February 1, 2004 for the 1994-A and 1994-B Bonds To Be Refunded, December 1, 2005 for the 1995-A and 1995-B Bonds To Be Refunded, February 1, 2007 for the 1997-A and 1997-B Bonds To Be Refunded, February 1, 2008 for the 1998-A Bonds To Be Refunded, February 1, 2009 for the 1999-A Bonds To Be Refunded, and December 1, 2009 for the 1999-D and 1999-E Bonds To Be Refunded. f. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $110,000,000 bonds of the City of Buffalo, authorized pursuant to g. "Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption Date, as here in above referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Common Council of the City (herein called "Common Council"), hereby authorizes the refunding of all or a portion of the $218,580,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an amount not to exceed $110,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $110,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of $110,000,000 are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial plan") prepared for the City by the office of the City Comptroller and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the City in connection with said refunding from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (1) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (2) the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date. Section 3. The $218,580,000 Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of eight issues of bonds, each originally issued pursuant to various bond resolutions of the City, adopted on their respective dates authorizing Page 59 01-0206.txt various capital improvements for the City, In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed $110,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the final refunding financial plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of probable usefulness ("PPU") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond anticipation notes issued in anticipation of the sale of said bonds, is set forth in the following table: ATTACHED TABLES AVAIBLE IN CITY CLERKS LAID ON TABLE RESOLUTION NO. 206 By: Mrs. LoTempio City of Buffalo Local Law No. _ (2001) Introductory No. 2 (2001) A LOCAL LAW amending the Charter of the City of Buffalo in relation to public hearings BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Three of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Procedure for Adoption and Amending of Local Laws. (a) A proposed local law may be introduced only by a common council member at a meeting of the common council. Unless the mayor certifies the necessity for immediate passage of a local law and it is passed by two-thirds of the total voting power of the common council, the proposed local law in its final form shall be upon the desks of the common council members at least seven calendar days excluding Sundays prior to its final passage. (b) Before it is passed by the common council, a proposed local law that is not certified as to the necessity of its immediate passage shall be [referred] laid on the table in its final form to an appropriate committee of the common council for a public hearing on at least five days prior public notice by publication in the city record and distribution of a summary to the news media at least seven calendar days exclusive of Sunday prior to its final passage. (c) A proposed local law that is not certified as to the necessity of its immediate passage shall be passed by the majority affirmative vote of the total voting power of the common council. On the final passage of the local law the question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the journal of the common council. (d) Every local law shall be certified by the clerk after its passage by the common council and shall be presented to the mayor for his or her approval. Upon approval and return of the local law to the clerk, the local law shall be deemed to have been adopted. (e) If the mayor disapproves the local law, the mayor shall return it to the clerk with the objections to it in writing. The clerk shall return the local law and disapproval to the common council at its next regular meeting, when the mayor's objections shall be recorded in the common council journal. (f) The common council may reconsider the local law within thirty days thereafter. If, after reconsideration the local law is repassed by a vote of at least two-thirds of the total voting power of the common council, the local law shall be deemed adopted. The votes shall be taken by Page 60 01-0206.txt ayes and noes, and the names of the council members present and their votes shall be entered in the journal of the common council. Only one vote shall be had upon such reconsideration. (g) If within thirty days after a local law shall have been presented to the mayor, the mayor neither approves or returns the local law to the clerk with written objections, the local law shall be deemed to be adopted in like manner as if the mayor had signed it. 3-19. Procedure for Adoption, Amending and Repeal of Ordinances and Resolutions. (a) Every proposed ordinance, unless the common council, by a two-thirds vote of the members, certifies the necessity for its immediate passage and every resolution creating a city debt or granting or authorizing any franchise or right to occupy or use the streets, highways, bridges or public places for any purpose shall be presented to the common council in open meeting, shall be read and spread upon the minutes and shall then remain on file with the city clerk for public inspection until the next stated meeting of the common council and shall be published once before the final vote of the common council on its adoption. (b) Unless the mayor and the common council, by a two-thirds vote of the members, certify the necessity for its immediate passage, a proposed ordinance shall be referred, prior to its passage, to an appropriate committee of the common council[ for a public hearing on at least five days prior public notice by publication in the city record and distribution of a summary to the news media. If the proposed ordinance is amended in such manner as to affect it substantially, it shall again be referred to committee for a public hearing on such notice]. (c) Every ordinance and resolution, after its passage by the council, shall be presented to the mayor for approval with the following exceptions: resolutions exercising the powers of appointment of the common council, certifying the canvass of votes, directing the preparation of plans and specifications, and advertising for bids for any work or improvement. (d) If the mayor approves an ordinance or resolution, he or she shall sip it and shall return it to the city clerk; it shall then be deemed to have been adopted. If the mayor disapproves the ordinance or resolution, the mayor shall return it to the clerk with the objections to it in writing. The clerk shall present the same to the common council at its next stated meeting, and such objections shall be recorded in the common council journal. (e) The council within thirty days thereafter may reconsider the same. If, after such reconsideration, two-thirds of the voting power of the council entitled to vote thereon if it originally required a majority vote, or three-fourths of such voting power if it originally required a two-thirds vote, be cast in favor of repassing such resolution or ordinance, it shall be deemed adopted notwithstanding the objections of the mayor. Only one vote shall be had upon such reconsideration. (f) If any resolution or ordinance is not returned to the city clerk by the mayor as disapproved within ten days after its presentation to the mayor, it shall be deemed to have been adopted. Every resolution or ordinance shall become effective immediately upon its adoption unless a different time is provided in the ordinance. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall not take effect until at least forty-five days after its adoption, nor until approved by an affirmative vote of a majority of the qualified electors of the City of Buffalo voting on a proposition for its approval if within forty-five days after its adoption an authenticated petition protesting against such local law is filed with the City Clerk pursuant to Section 24 of the Municipal Home Rule Law. NOTE: Matter in brackets to be deleted; matter underlined is new. Page 61 01-0206.txt LAID ON TABLE RESOLUTION NO. 207 By: Ms. Martino Re: Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $ 100. 00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount, and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996-1 and Whereas, the subject claims are eligible for consideration under the said procedures, and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1. Belinda Brinson, 263 LaSalle Avenue, 14215 Claim for loss of garbage cans (2) at 263 LaSalle on 7-17-00 and 9-4-00. $ 20.00 2. Sharon Czajkowski, 87 St. Florian, 14207 Claim for loss of garbage cans at 87 St. Florian on 9-25-00. $ 21.99 3.Suzanne Fuller, 35 Covington Road, 14216 Claim for loss of a wheelbarrow that was mistakenly taken by the Department of Street Sanitation during garbage pickup at 35 Covington Road on 6-28-00. $ 20.00 4.Fellsa E. Gilbert, 47 Sterling Avenue, 14216 Claim for loss of garbage cans at 47 Sterling Avenue on 8-24-00. $ 17.00 5.John Glascoe, 49 St. Stephens Place, 142 10 Claim for loss of garbage cans at 49 St. Stephens Place on 12-18-00. $ 26.00 6.William A. Goldbach, 288 Potters Road, 14220 Claim for tire damaged by metal protruding from curb at 24 Coolidge Road on 9-20-00. The City Clerk's Office had been notified at least three times since 1995 of a hazardous condition existing on Coolidge Road regarding the curbs. $ 60.00 7.Lawrence Kroll, 3992 Mapleton Road, North Toanwanda New York 14120 claim for loss of carpet strips that were accidentally thrown into Garbage Truck on 10- 18-00 at 191 Laird Avenue. The carpet strips were laying up against the van and the garbage for pickup was about twelve yards away from the van. The City workers assumed that everything was for pickup. $35.00 8.James E. May, 33 Chapin Parkway, 14209 Claim for loss of garbage can at 33 Chapin Parkway on 10-23-00. $ 15.00 9.Joseph R. Montante, 59 Chapin Parkway, 14209 Claim for loss of garbage cans at 59 Chapin Parkway on 9-4-00. $ 25.86 10.David Saltares, 19 Union Place, 14213 Claim for loss of garbage cans at 19 Union Place on 8-8-00 and 8-15-00. $ 41.98 Investigation by the Department of Law reveals that the above claims Page 62 01-0206.txt are valid and payment is hereby recommended. Passed AYES - 13 - NOES - 0 RESOLUTION NO. 208 By: Ms. Martino SUBJECT: Waive Permit Fees for St. Ambrose Parish Breakfast Whereas- St. Ambrose Parish, located at 65 Ridgewood Road, NVIII be holding its sixth annual Parish Breakfast on Sunday February 18"', 2001; and Whereas: The breakfast is a major fundraiser for the St. Ambrose Home School Association which supports numerous programs at the Parish; and Whereas: In order to advertise this breakfast to the community, St. Ambrose has made arrangements to rent an illuminated sign; and Whereas.- This sign will be placed in front of 242 McKinley Parkway for a period of one week commencing February 12 1h 2001- and Whereas: The owners of the property at 242 McKinley Parkway are parishioners and have granted permission for this use; and Whereas: The funds raised by this Breakfast would benefit the Home School Association at St. Ambrose Parish, Now, Therefore, Be It Resolved.- That the Common Council waive any permit fees required by St. Ambrose Parish for the illuminated sign advertising the 6th annual breakfast on February 18' , 2001; and Be It Further Resolved: That notification of this fee waiver be forwarded to the Department of Public Works, Permit and Inspections Department and to St. Ambrose Parish. PASSED AYES - 13 - NOES - 0 RESOLUTION NO. 209 By, Ms. Martino SUBJECT: Union Ship Canal Bond Act Resolution Whereas: The City of Buffalo is continuing to support the redevelopment of the Union Ship Canal property, and Whereas: As part of the redevelopment effort, the canal itself and the approximately 100 - 200 feet surrounding the canal should be redeveloped as a greenway, and Whereas: This greenway can provide waterfront access to the residents of the City of Buffalo; and Whereas- In order to assist in the creation of this greenway, this parcel needs to be environmentally assessed and potentially remediated; and Whereas: The 1996 State Environmental Quality Bond Act can provide a 75% reimbursement for the costs associated with an environmental assessment and remediation of this site-, and Whereas: The City is an eligible entity to receive bond act funding-, and Whereas.- Development Downtown, Inc. as a co-applicant has agreed to pay the Citys 25% share of costs incurred to investigate this site; Now, Therefore, Be It Resolved: That the Common Council hereby authorizes a 1996 State Environmental Quality Bond Act application be submitted on behalf of the City of Buffalo for this portion of the Union Ship Canal Site ADOPTED RESOLUTION NO. 210 BY: MR. PITTS RE: REVIEW OF CABLE TV RATES BY NYS PUBLIC SERVICE Page 63 01-0206.txt COMMISSION Whereas: On Thursday, February 1, 2001 the Buffalo Common Council held a public hearing on Adelphia's decision to raise cable TV rates $3.50 a month for most subscribers; and Whereas: At that time many concerns were raised about the rate hike, including the possibility that it was related to costs associated with Adelphia's planned waterfront project; and Whereas: At the hearing, a representative of the New York State Public Service Commission offered the agency's assistance in helping to determine whether the rates were proper and justifiable; Now, therefore be it resolved: That the New York State Public Service Commission be requested to assist the City of Buffalo in assessing the Adelphia Communications rate increase by providing the City with financial and other technical expertise. ADOPTED Resolution NO. 211 By: Mr. Thompson Subject: Hewitt-Robbins Whereas:The Hewitt-Robbins site, formally a rubber manufacturing facility, located at 240 Kensington had been cited as having environmental waste; and Whereas:This property came under the ownership of the City of Buffalo in the late 1980's and is prime development space; and Whereas:There is speculation whether this site is clean and available for redevelopment; Now, Therefore, Be It Resolved That: The Environmental Management Commission file an update with this Common Council no later than 2:00 p.m. Thursday, February 151 2001, describing the clean up schedule and availability of residential and commercial developments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE EMERGENCY MEDICAL COMMISSION RESOLUTION RESOLUTION NO. 212 By: Mr. Thompson SUB3ECT: Investigate Environmental Hazards at 735 Humboldt Parkway Whereas: 735 Humboldt Parkway is a city-owned facility that houses various community programs and agencies, particularly 3USENDO, the Masten CAO, the Masten Neighborhood Advisory Council, the Masten CHAP, the Masten Block Club Coalition, and mother other organizations and initiatives; and Whereas: In the year 2000 unsafe conditions prompted organizational, parent, government and community leaders to halt and/or reduce various activities in the facility until the needed repairs to 735 Humboldt Parkway were completed; and Whereas: Former Councilmember Byron Brown and Commissioner 3oseph Giambra worked expeditiously to identify both funds and minority contractors to commence the repairs to the facilities, parents and others are concerned about any potential asbestos or hazardous materials at 735 Humboldt Parkway; and Whereas: Public Works and the Office of Environmental Management could be extremely helpful in examining both structural, capital improvement, and environmental remediation needs of 735 Humboldt Parkway. Now, Therefore, Be It Resolved: That the Office of Environmental Management investigate whether there are any environmental hazards at 735 Humboldt Parkway and Page 64 01-0206.txt that a report be filed with this Common Council within 30 days; and Be it Further Resolved: That the Office of Environmental Management also include in its investigatory report of environmental hazards at 735 Humboldt Parkway strategies or recommendations for remediation if toxic materials are found at said location or address; and Be it Finally Resolved: That the Department of Public Works develops a comprehensive report that identifies all of the capital improvement needs and costs for 735 Humboldt Parkway, and that the report be filed with this Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE EMERGENCY MEDICAL COMMISSION AND THECOMMISSIONER OF STRATEGIC PLANNING Resolution NO. 213 By: Mr. Thompson Subject: Martin Luther King, Jr. Park Fishing Pond Whereas: There has been several community meetings regarding the conversion of the Martin Luther King, Jr. Park Wading Pool into a Fishing Pond; and Whereas: The sentiment of the constituents who attended these meetings were not favorable for the fishing pond; and Whereas: In a succeeding community meeting with concerned citizens, it has been agreed that there will be no fish put in the wading pool in Martin Luther King, Jr. Park. Now Therefore Be It Resolved That: There will be no fish put into the Martin Luther King, Jr. Park Wading pool. ADOPTED RESOLUTION NO. 214 By: Mr. Thompson Subject: Parking on Federal Street Whereas: The Masten District Council Office has received numerous complaints from District residents on Federal Avenue regarding parking nuisances by Laidlaw Transit employees; and Whereas: Employees of Laidlaw Transit are parking haphazardly in front residents property, blocking driveways, littering, parking on both sides of the street that may cause a delay of Emergency services should an emergency occur and blocking access to garbage cans causing delays in trash pick up; and Whereas: This has been an ongoing problem for a few years between the residents of Federal Street who occupy one side of Federal Street and Laidlaw Transit who occupy the other side; and Whereas: Parking restrictions on Federal Street that allow no parking on the residential side of the street can be a solution to the escalating problems between Federal Street residents and Employees of Laidlaw Transit. Now, Therefore, Be It Resolved: That the department of Public Works conduct a study to determine the feasibility of no parking on the residential side of Federal Avenue; and Be It Further Resolved: That the Department of Public Works provide recommendations to this Common Council as to what other methods may be done to address the concerns Federal Street residents. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE ENVIRONMENTAL MANAGEMENT COMMISSION Page 65 01-0206.txt RESOLUTION NO. 215 By: Mr. Thompson Subject: Environmental Clean-up at 318 Urban Street and 858 E. Ferry Street Whereas: 318 Urban Street and 858 E. Ferry Street are city owned vacant lots zoned for industrial usage; and Whereas: 858 E. Ferry has received a classification code of 2. meaning the site poses a significant threat to public health or the environment and has been classified as a brownfield; and Whereas: Both address are located in residential neighborhoods; and Whereas: In 1996 results an environmental investigation were presented and remedial alternatives were presented; Now Therefore Be It Resolved That: The Environmental Management Commission file with this Common Council a report describing a timetable and clean up schedule for 318 Urban Street and 858 E. Ferry by 2:00pm, Thursday February 15, 2000; and Be It further Resolved That: The City Clerk send certified copies of the report to the County Health Department and the New York State Department of Environmental Conservation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE EMERGENCY MEDICAL COMMISSION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE ERIE COUNTY HEALTH DEPARTMENT AND THE NEW YORK STATE HEALTH DEPARTMENT RESOLUTION No. 216 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 REVEREND BENNETT SMITH By Councilmember ALL COUNCILMEMBERS ADOPTED. No. 217 BY: BARBARA A. WILLIAMS Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of deeds for the term ending December 31, 2002 conditional upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk. GRACE CAMPANELLA WILLIAM E. CAREY TINA M. DUGO FRANCES L. GIGLIO SFIIRLEY A. GRAZIADEI LYNN A. GUERCIO ROSALEE HILL CAROLYN C. KAISER BRUCE KOGAN SUSAN LINTON MARSHA A. MASHTARE LEWIS D. ROGERS, JR. DONETTE RUFFIN FRANCES WILSON ADOPTED. BY: BARBARA A. WILLIAMS No. 218 Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002 conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City BRAD M. RYBCZYNSKI FRANCIS A. BELLIOTT Page 66 01-0206.txt Kimberly D. SMITH LAWRENCE TYLER KAREN A. SPAGNA KIM M. DUKE BERNICE V. SPINLEY JUDY A. VONA JODY P. STARR LAURA A. WEIGAND CHARLES M. SWANICK. RONALD A. WAINWRIGHT KARLA L. THOMAS LYNDA L. KRAJEWSKI LESLIE WAINWRIGHT JENYE B. LANGHORNE KELLIE E. WALSH MARY E. CARR LINDA WILLIAMS THOMAS M. TELESCO PATRICIA A. ZIOLKOWSKI GENEVIEVE A. RAK DEMONE SMITH ARNOLD G. WALKER ANTOINE THOMPSON MARK J. FIZPATRICK SHAMAR N. ASHLEY DONNA M. MILITELLO SENORA BODDIE KIMBERLY L. BEATY TENEATMA L. WESOLOWSKI MICHAEL A. WASON ROBERT E. BROWN JENNIFER D. ANGER KAREN ELLINGTON THOMAS V. AURELIO MICHAEL J. BEENY ROSE BOLOGNA MARGUERITE BRILL KIMBERLY S. CONIDI PATRICIA E. CONNOLLY JOSEPH S. CUTRONA LISA L. DAROWZ LORETTA DAVIS KATHLEEN A, DOLAN CHARLES E. EATON PETER T. GRABER ROBERT M. GRABER TYRONE L. HARGROVE STEPHEN J. HICKS KAREN D. HILL VINCENT D. HULL SANDRA B. JACKSON PATRICIA A. JAWOROWICZ THERESA M. KENNEDY TOD A. KNIAZUK JOSEPH I. KREBUSZEWSKI EDWARD 1. KUWIK MICHAEL A. LEISING ELIZABETH LOMBARDO LAURIE k MANZELLA LYNN M. MARINELLI R0BERT T. MCCARTHY MICHAEL MERRIWEATHER SR MARY ANN V. MORIARITY JESSICA M. O'GRADY GREGORY B. OLMA WILLIAM A. PAULY CONNIE A. PETIX ROBERT L. PINO,SR. KEVIN C. QUICK WENDY J. RODGERS JEREMEY C. ROSEN ADOPTED NO. 219 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 13, 2001 at 9:30 o'clock A.M. Committee on FinanceTuesday, February 13, 2001 following Civil Service Committee on LegislationTuesday, February 13, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, February 14, 2001 at 10:00 o'clock A.M. Committee on EducationWednesday, February 14, 2001 at 2:00 o'clock P.M. Special Committees Special Committee on Energy Wednesday, February 7, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Bi-National Bridge Committee- Thursday, February 8, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Minority Business Enterprise Committee Monday, February 12, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Page 67 01-0206.txt Special Meeting of Comm. on Legislation-Monday, February 12, 2001 at 2:00 P.M. in Room 1417 City Hall-No. of Used Auto Dealers in COB. Special Committee on Budget Wednesday, February 14, 2001 at 11:00 o'clock A.M. in Room 1417 City Hall. Public Hearing-Committee on Community Development-Wednesday, February 7, 2001 at 6:00 p.m.-Council Chambers Public Hearing-Committee of the Whole-Hickory Woods-Thursday, February 8, 2001 at 7:00 p.m.-Council Chambers (Public Disclaimer ): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore, unless we receive notice from the respective Chair -men, we can only make notification of what we are made aware. No. 220 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:27 pm PENSION Board of Police and Fire Pension Proceedings #1 Mayor's Office-201 City Hall January 25, 2001 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; Anthony Nanula, Comptroller-3 Absent: None The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 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-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 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-3. 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 68