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Home My WebLink About01-0220-ss214 01-0220-ss214.txt No. 4 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO February 20, 2001 SPECIAL SESSION 02/14/01 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie LoTempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTONIE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Betty Jean Grant, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, Antoine Thompson and Karen Ellington-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Page 1 01-0220-ss214.txt Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson- Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 20, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Pitts, Thompson and Williams - 13 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on February 6, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) Attached for your review is a summary of the complaint calls received by the Division o Citizen Services for the month of January, 2001. Page 2 01-0220-ss214.txt Also, attached for your review is a "year-to-date or total calls" report, for the period o July 5, 2000 to January 31, 2001. I've tried to present a concise but still relevant report by adding categories that art seasonal - such as snow plowing or categories that significant numbers of complaints art received, such as: recycle, totes, abandoned cars and legal claim forms. Finally, the Division of Citizen Services also receives about three times as man 3 information calls, as it does complaints. I trust that you find this information as informative and important; as we all strive to provide high quality services to the citizens of our great city. ATTACHMENTS RECEIVED AND FILED FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 2 INVESTIGATE ENV. HAZARDS AT 735 HUMBOLDT PARKWAY ITEM NO. 212, FEBRUARY 6, 2001 The Common Council has referred a request that the Department of Public Works and the Office of Environmental Management prepare reports regarding contamination concerns at 735 Humboldt Parkway to the Environmental Management Commission. The Commission respectfully requests that, when received by the Common Council, copies of the reports be forwarded to the Commission so that it may comment on this potentially serious concern and plans to address it. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 ENVIRONMENTAL CLEAN-UP 318 URBAN AND 858 E. FERRY STREET ITEM NO. 215, FEBRUARY 6, 2001 The Common Council has requested that the Environmental Management Commission provide timetables and clean up schedules for 858 E. Ferry and 318 Urban Street. The classifications of these sites on the New York State Registry of Inactive Hazardous Waste Disposal Sites underscores their significance for the neighborhoods around them and the city. Contamination concerns should be dealt with at the earliest possible date. The Commission, however, is not directly involved in cleanup planning or development. It would be pleased to comment on responses that might be provided by the outside agencies to which this item was referred, and on any information that might be received from City agencies with administrative responsibility in this regard. The Commission's strong view is that such sites should be handled in a way which of course fully protects public health, but which also makes for all possible beneficial reuse of the sites. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 4 HEWITT-ROBBINS. ITEM NO. 211, FEBRUARY 6, 2001 The Common Council has referred contamination and development concerns regarding the Hewitt-Robbins site to the Environmental Management Commission (EMC). The Commission has a long interest in this important site but has no recent information regarding contamination testing or suitability for development. It respectfull suggests that the Office of Strategic Planning and the New York State Department of Environmental Page 3 01-0220-ss214.txt Conservation might be the best sources for this information. The Commission would most welcome the opportunity to comment on any information that may be provided in this regard. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 REQ. QUICK/THOROUGH CLEANUP-383 BABCOCK ST. ITEM NO. 109, C.C.P. JANUARY 9, 2001 The Common Council has referred contamination concerns at 383 Babcock Street to the Environmental Management Commission (EMC) for review and comment. The EMC notes that concerns have been referred to the New York State Departments of Health and Environmental Conservation for investigation. The State has advised staff that the nature of the site and existing fencing protect against short term danger to public health. For the city, however, there are additional issues of neighborhood quality and urban redevelopment involved with such sites. In this regard, the Common Council has been wise to suggest that our hard-pressed City not acquire the site as long as contamination questions are unresolved. However, while DEC should remain in the lead on this site, 383 Babcock Street should not simply be dropped into the New York State Inactive Hazardous Waste Site program, unless as a last resort. Possible contamination was apparently discovered as outside governments were moving toward purchasing the site from a private owner. Each of these previously involved parties should remain part of any necessary site restoration for reuse. The owner should be held as responsible as is possible for contamination management. Secondly, the County and State facility development agencies that were originally involved in project pursuit should stay as involved as possible toward a solution which does not leave an unusable site in the city. Such will offer the possibility of early productive reuse of the site, perhaps along the lines of the originally considered project. Thus, as long as the NYS DEC and DOH continue to provide assurance that the public health will remain unaffected by the site, the NYS DEC should be encouraged to fully exploit private owner resources toward cleanup, perhaps through State Voluntary Cleanup arrangements. (Although the EMC points out that it has grave concerns about the overall adequacy of the current State voluntary program to solve our City's brownfields problems). Nevertheless, in the case of this particular site, available KYS DEC voluntary arrangements might usefully be augmented by inducements that might be appropriately included in the mix by the agencies involved in the original project initiative. As this process goes forward, it may he that City involvement, through code enforcement and other supportive actions against the property, may be helpful. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY PLANNING BOARD NO. 6 BUFFALO & FT. ERIE PUBLIC BRIDGE AUTHORITY PORTION OF BUSTI AVENUE TILT-A-WAY GATE ENCROACHMENT ITEM NO. 30, C.C.P. 2/6/2000 The City Planning Board at its regular meeting held Tuesday, February 13, 2001, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right-of-way with the replacement of an existing traffic control gate at the intersection of Busti and Rhode island streets at the Peace Bridge secondary entrance. The existing Page 4 01-0220-ss214.txt gate is being replaced with a sectional gate which tilts upward as it opens thus requiring less land area. The Planning Board voted to recommend to the Common Council that approval be granted for the replacement gate with the following conditions: 1.All conditions by other City Departments be incorporated into the approval; 2.The brick structures, that house the gate mechanicals, be of a dark brick color and that landscaped plantings be incorporated into the site work. RECEIVED AND FILED NO. 7 J. ROMAN 61 LAKEVIEW HANDICAP RAMP ENCROACHMENT ITEM NO. 31, C.C.P. 2/6/2000 The City Planning Board at its regular meeting held Tuesday, February 13, 2001, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right-of-way with a handicap ramp that is already constructed at 61 Lakeview Avenue. The Planning Board heard from the Department of Public works that the handicap ramp does not meet current building code. The applicant was represented by an architect and was working to correct the building code problems. The Planning Board voted to recommend that the Common Council ask the applicant and City's permit and building code department work out solution to the construction deficiencies so that a building permit could eventually be issued for this handicap ramp. The placement of the ramp will not interfere with sidewalk pedestrian traffic. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 AMEND PURCHASE PRICE 212 WYOMING STREET ITEM #21, C.C.P. 10/31/00 The above referenced item is the results of negotiations filed with Your Honorable Body in the amount of Fifteen Hundred Dollars ($1,500) to Mr. Frank Redd. Mr. Redd has requested a reduction in the sale price due to the present condition of the property. The property is in need of major rehabilitation. Mr. Redd is a contractor and intends to rehabilitate the home inside and out and lease the property to his daughter. Mr. Redd, the Director of Real Estate and the District Councilmember have met to discuss Mr. Redd's plans for the property. Mr. Redd has provided the necessary financial information to carry out his plans. It was agreed between the above parties to reduce the sale price of the property from Fifteen Hundred Dollars ($1,500) to Eight Hundred Dollars ($800) which will allow Mr. Redd to complete all necessary repairs to the property. I am recommending that Your Honorable Body approve the amended purchase offer from Mr. Redd in the amount of Eight Hundred Dollars ($800). 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 13, 2001, be received and filed; and That the Common Council approves the amended purchase offer from Page 5 01-0220-ss214.txt Mr. Frank Redd, in the amount of Eight Hundred Dollars ($800.00) for 212 Wyoming Street. 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. 9 ENVIRONMENTAL CLEANUP AT 318 URBAN ST. 858 EAST FERRY ST. Your Honorable Body has requested information regarding 318 Urban Street and 858 East Ferry Street. The City of Buffalo Assessment records indicate that Pyramid Steel Corporation c/o Sweeney Steel Service, P.O. Box 851, Buffalo, NY, not the City of Buffalo, owns 318 Urban Street. The current status , according to DEC personnel, is that the remediation is nearly complete to a level appropriate for its current use (i.e. vacant) and that environmental concerns off site in the residential neighborhood have been addressed to DEC's satisfaction. There remains one issue, which DEC is working with the Buffalo Sewer Authority to complete. 858 East Ferry Street is a city-owned site, which was investigated pursuant to the 1996 New York State Environmental Quality Bond Fund. The investigation lead to the site being listed as a Class 2 site. The primary concern at this site was lead. It is our understanding that the primary purpose for the listing of the site was to prevent lead from leaching into the Scajaquada Creek which underlays the site. The City has been working with DEC and the DEC anticipates an additional round of testing late Spring, with a report of the results available by Summer 2001. Remedial activity would likely begin as soon thereafter as possible given the availability of funding through the Superfund Program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 HEWITT-ROBBINS ENVIRONMENTAL CLEANUP (ITEM NO. 98 , C.C.P. 2/6/01) Your Honorable Body has requested information regarding the City-owned site located at 240 Kensington Avenue. In April of 1999 a Phase II environmental site investigation was performed by Benchmark Environmental Engineering and Science, PLLC. The property is the site of the former Hewitt-Robbins foam rubber products manufacturing facility. According to the consultant, "the results ... revealed no recognized evidence of a chemical release or other signs of an acute chemical exposure pathway". while the report indicated certain components (namely PAHs) were present above New York State residential cleanup goals, the report also stated that the levels detected were not uncommon in urban properties of this type. The proposed development of this site never occurred. Since that time, our records indicate that the City has undertaken no additional activity. Whether any further activity is required will be dictated by the future use of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 "RES. NO. 109, 01/09/01 REQUEST QUICK/THOROUGH CLEANUP OF 383 BABCOCK ST. Page 6 01-0220-ss214.txt Your Honorable Body has requested that this Department investigate the status of 383 Babcock Street. This Department has received the Phase II assessment and has forwarded the document to the New York State Department of Environmental Conservation. DEC has indicated that it will review the information. To the extent conditions on site meet or exceed regulatory levels, DEC could: 1) compel the owner to remediate the site; 2) use State Superfund resources to remediate the site and/or; 3) coordinate remedial activities with USEPA in other regulatory agencies. This Department will remain in contact with these agencies and will continue to report to this body on the status of this site. In addition, pursuant to your request, the relevant information has been forwarded to the Director of the Division of Real Estate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 359 DAVEY (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 134') The Office of Strategic Planning has surveyed the city-owned vacant lot at 359 Davey Street, Buffalo New York 14206, parcel is 30' x 134' in dimension; and it has been determined that this parcel inappropriate for either the construction of new housing or needed for public purposes. Mr. Harold J. Garno and Mrs. Victoria A. Garno, residing at 361 Davey Street have indicated that the will clean, improve and maintain the lot in the event that they obtain title to the property under the Urba Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no propert code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Garno on the condition that the property is cleared and improved within months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 1, 2001, be received and filed; and That the city-owned property commonly known as a portion of 359 Davey Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Harold I Garno and Mrs. Victoria A. Garno, residing at 361 Davey Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 NO. 13 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 256 HUDSON (CITY OWNED-VACANT LOT, DIMENSIONS 28' X 120') The Office of Strategic Planning has surveyed the city-owned vacant lot at 256 Hudson Street, Buffalo New York 14201, parcel is 28' x 120' in dimension; and it has been determined that this parcel 1! inappropriate for either the construction of new housing or needed for public purposes. Mr. Gregory W. Horn, residing at 7 Fargo Avenue indicated that he will clean, improve and maintain the lot in the event that he obtains title to Page 7 01-0220-ss214.txt the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Gregory Horn on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER VARIOUS LOTS FROM HUD TO THE CITY The City of Buffalo and the U.S. Department of Housing and Urban Development (HUD) have entered into a Memorandum of Understanding whereby HUD will transfer various vacant lots to the City of Buffalo in accordance with HUD's Good Neighbor Initiatives. Under the initiatives, HUD has agreed to pay " for the cost of demolition of HUD owned properties that were deemed demolition worthy and are: 1) for sale by HUD longer than six (6) months, or 2) for sale by First Preston or any agent acting on HUD's behalf, or 3) valued at less than Five Thousand Dollars ($5,000) or less or 4) determined upon inspection by the City of Buffalo Slum & Blight Inspectors, to be demolition worthy" . The following properties have been demolished or are current vacant lots to be transferred by HUD to the City which will market its homestead opportunities to the surrounding property owners: Property AddressHomesteader & Address 15 Eighteenth St.Maria & Eugenio Pica, 11 Eighteenth St. 93 Guernsey St.Michael McDonnell, 95 Guernsey St. 173 Alabama St.To Be Determined 55 Boyd St.To Be Determined 174 Herkimer St.To Be Determined 57 Howlett St.To Be Determined 47 Keppel St.To Be Determined 417 Koon Ave.To Be Determined 9 Longnecker St.To Be Determined 214 Monroe St.To Be Determined 10 Oberlin Ave.To Be Determined 122 Oberlin Ave.To Be Determined 240 Person St.To Be Determined 359 Plymouth Ave.To Be Determined 641 Plymouth Ave.To Be Determined 121 Potomac Ave.To Be Determined 132 Robert Ave.To Be Determined 300 Sobieski St.To Be Determined 169 Sumner Pl.To Be Determined 223 Sweet Ave.To Be Determined 234 Sweet Ave.To Be Determined 320 Wilson St.To Be Determined I am recommending that Your Honorable Body authorize the following: 1)Mayor or his designee to accept title to the above mentioned properties from HUD and any other properties deemed desireable by the City to be marketed as homestead opportunities. 2)Corporation Counsel be authorized to prepare all necessary documents for the transfer of title from HUD to the City of Buffalo. 3)The results of any homestead transaction by the City will be forwarded in the usual manner to the Common Council for final approval. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 15, 2001, be received and Page 8 01-0220-ss214.txt filed; and That the Mayor or his designee accept title to the above-mentioned properties from the U.S. Department of Housing and Urban Development (HUD) and any other properties deemed desirable by the City of Buffalo to be marketed as homestead opportunities; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title from HUD to the City and that the Mayor be authorized to execute the same; and That the results of any homestead transaction by the City will be forwarded to the Common Council for final approval. PASSED AYES -13 NOES - 0 NO. 15 DONATE VACANT LAND TO THE CITY OF BUFFALO ON KENSINGTON AVENUE M. HUNT ITEM #32, C.C.P. 1/23/01 The above item was referred to the Office of Strategic Planning for a response. It is a letter from M. Hunt to donate vacant land at 355 Kensington Avenue. The property consists of a vacant parcel 2001 x 165' which was the former Red Barn Restaurant. The lot is partially paved and could be used by the Division of Parking Enforcement during snow emergencies until a more suitable use could be found. I am recommending that Your Honorable Body approve acquiring the property as a donation for future development. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to accept the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 RESPONSETRUE BETHEL BAPTIST CHURCHACQUIRE ADDITIONAL LAND FOR THE CHURCH ITEM #86, C.C.P. 2/6/01 The above referenced item is a letter from Rev. Darius Pridgen, True Bethel Baptist Church, requesting transfer of three properties to the church, at not cost. The properties in question are 566 and 568 Winslow and 889 Woodlawn, which will be used for additional parking needs of the church. These properties were acquired by the City of Buffalo through tax foreclosure. The Office of Strategic Planning, Division of Real Estate, received a request from the church to acquire title to the properties on December 5, 2000. The Division of Real Estate forwarded a letter to the church advising them on the procedures to acquire the property. In addition, they were requested to provide their plan for the improvements and proof of their financial ability to carry out the acquisition and improvements to the property. They were also advised that the value of the property would be established by an independent real estate appraiser. Article III, Section 1 of the New York State Constitution prohibits a municipality from gifting or loaning its property. The above policies and procedures have been well established over the years and comply with State and Local Laws and Common Council Resolutions Governing the Sale of City Owned Properties. There is no legislative authority or City Charter provisions allowing the City of Buffalo to donate property. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 RESPONSE - REQUEST HOMESTEAD Page 9 01-0220-ss214.txt CITY-OWNED VACANT LOT 254 LEMON STREET WILLIAM T. PETTIGREW ITEM #91, C.C.P. 2/6/01 The above referenced item is a request from Ms. Tracey Pettigrew, 258 Lemon Street, requesting to homestead 254 Lemon Street. Attached is a copy of our response to Ms. Tracey Pettigrew, dated February 5, 2001 regarding her request to homestead 254 Lemon and Mr. Banks acquisition of 248, 252 and 254 Lemon Street. If you need any additional information regarding the above matter, please contact the Division of Real Estate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 RESULTS OF NEGOTIATIONS 210 HUDSON,65' NE PROSPECT LOT SIZE: 35' X 116' ASSESSED VALUATION:LAND:$ 5,700. IMPROVEMENT:23,300. TOTAL:29,000. The office of Strategic Planning, Division of Real Estate has received a request to purchase 210 Hudson Street from Mr. Emmanuel Ramos, 233 Hudson Street, Buffalo, New York 14201. Mr. Ramos intends to bring the four family apartment building into code compliance and use for rental income. He has also provided a proof of financial ability to acquire and make improvements to the property. The subject property is a four family frame apartment building, consisting of six bedrooms and four baths. The property is listed in poor/fair condition and is situated on a lot 351 x 1161. 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. David Burnett of Arrow Appraisal, 3790 Broadway Street, Buffalo, New York 14227. He has estimated the value of the property to be Three Thousand Five Hundred Dollars ($3,500). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Emmanuel Ramos has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500) for the apartment building. Mr. Ramos has 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 210 Hudson Street to Mr. Emmanuel Ramos for Three Thousand Five Hundred Dollars ($3,SOO). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 19 CAPITAL DEBT SERVICE FUND DEPOSITS - 2000/2001 FISCAL YEAR Certificate Number 2000/01 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2000 and ending June 30, 2001 I, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: Page 10 01-0220-ss214.txt "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." Duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is $52,973,240.68. 2.The portion of said Capital Debt Service Requirement allocated to the First Collection Period July 1, 2000 through and including November 30, 2000), is $20,890,156.31. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2000 through and including June 30, 2001), is $32,083,084.37. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2000 and ending December 31, 2000 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Sept. 29, 2000 Sept. 29, 2000 Nov. 1, 2000 ATTACHED OBLIGATIONS AVAILABLE IN CITY CLERK'S OFFICE 7, The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2000 is $32,213,284.37. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 2-00/01 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 7th Day of February, 2001 RECEIVED AND FILED NO. 20 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $25,792 be transferred and reappropriated within the Common Council, as set forth below: From: 10102001 411001 Common CouncilLegislative Annual Salary$25.79 To: 10106001 411001 Common CouncilCouncilmember #5Annual Salary $4,162 10108001 411001 Common CouncilCouncilmember #7Annual Salary$17,468 10113001 411001 Common CouncilCouncilmember#12Annual Salary $4,162 Dated: Buffalo, NY, January 31, 2001 RECEIVED AND FILED NO. 21 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL Page 11 01-0220-ss214.txt We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $47,909 be transferred and reappropriated within the Common Council, as set forth below: FROM: 10104001 411001 Councllmember#3Annual Salary $9,250 10103001 411001 Councilmember#2Annual Salary $16.659 10111001 411001 Council member #10Annual Salary $20,000 10109004 458002 Councilmember #8Meals & Lodging 1,250 10109004 458001 Councilmember #8Transportation $750 TO: 10102001 412002 Common CouncilLegislative, Hourly Salary $47,909 Dated: Buffalo, NY, January 31, 2001 RECEIVED AND FILED NO. 22 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION MAYOR & EXECUTIVE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $13,000 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments for the Division of Planning to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $13,000 in the General City Revenue account 10031030 - 341404 - Use of Engineering Plans Fees not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: $13,000 10309006-454000 - Office of Strategic Planning - Advertising Dated: Buffalo, NY, February 5, 2001 RECEIVED AND FILED NO. 23 CERTIFLCATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF POLICE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that increases in the sum of $16,000 in the estimate for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments for the Department of Police - Office of the Police Commissioner - Printing & Binding, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $16,000 in the General City Revenue account Org & Obj # 10200030 -364000 - Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 12000006 - 455000 - Department of Police - Office of the Police Commissioner - Printing & Binding$16,000 Dated: Buffalo, NY, January 31, 2001 Mayor RECEIVED AND FILED Page 12 01-0220-ss214.txt NO. 24 INFO REFUNDING BOND RESOLUTION Please file the attached information that has been compiled by the Comptroller's office at the Council's request in relation to item #205, CCP, February 6, 2001, - "Refunding Bond Resolution $110,000,000- Refunding 91, 93, 94, 95, 97, 98, 99 Bonds." This item is currently tabled before the full Council. REFERRED TO THE COMMITTEE ON BUDGET NO. 25 STUART ALEXANDER & ASSOCIATES CONTRACT WITH BNRC ITEM NO. 22, C.C.P. 10/31/00 ITEM NO. 23, C.C.P. 1/23/01 We have reviewed your request to us concerning the contract between the Buffalo Neighborhood Revitalization Corp (BNRC) and Mr. Stuart Alexander. The Department of Audit and Control has audit authority over the City's departments and as a result of the new City of Buffalo Charter, has audit authority over the development companies (Buffalo Neighborhood Revitalization Corp is specifically named). As part of any audit of personal or professional service contracts we would seek to ascertain information as to the basis of authority to approve such contracts and general compliance with laws and regulations. The pertinent authority for contracts in this non-profit agency rests in the hands of its Board of Directors and the President of the corporation. From the information that was requested by us from Joseph Ryan (President of BNRQ we note that there is a corporate resolution which is approved by the Board (minutes attached). The contract (attached) is approved as to form and is signed by the president and the consultant. The corporation is involved in neighborhoods and housing in the City of Buffalo. The Scope of services includes neighborhood, housing and planning efforts in support of the corporation and the City. The approved invoices are in sufficient detail and specifically relate to the scope of services mentioned in the contract. The corporation's funds are derived from the HUD Community Development Block Grant and their rules include such activities as are detailed in the scope (e.g. planning, housing). Personal service contracts are not normally subject to bidding under any regulations that we are aware of, and therefore the selection of this consultant is within the judgment of the Board (including the hourly/yearly rate for those services). As a result of our audit procedures on this particular contract, we find that the corporation ahs acted appropriately, and has exercised reasonable internal control measures. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE PRESIDENT OF THE COUNCIL NO. 26 APPOINTMENT TO THE BI-NATIONAL BRIDGE COMMITTEE I am appointing Appleton Fryer to serve on the Common Council's Bi-National Bridge TAsk-F4mer- C"' Mr. Fryer has regularly attended the Task Force meetings since its inception. He is the Executive Director of the Landmark Society of the Niagara Frontier and resides at 85 Windsor Avenue in the City of Buffalo. Mr. Fryer's credentials are excellent and he is committed to working with the City to build a spectacular new Peace Bridge. Attached are correspondences including various findings and testimony from the resisidents of Hickory Woods as well as the Department of Health and the EPA. Page 13 01-0220-ss214.txt RECEIVED AND FILED NO. 27 HICKORY WOODS FINDINGS & TESTIMONY RESIDENTS OF HICKORY WOODS Attached are correspondences including various findings and testimony from the residents of Hickory Woods as well as the Department of Health and the EPA. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 28 NOTIFICATION SERIAL # 9252 PARKING METERS - REPEAL ON FOREST AVENUE , SOUTH SIDE BETWEEN ASHLAND AVENUE AND ELMWOOD AVENUE In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing, therefrom the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY Forest Avenue, south side between Elmwood Avenue and Ashland Avenue Meter numbers 575, 577, 579 This action is being taken at the request of the Director of Parking Enforcement (see next 2 serials). NOTIFICATION SERIAL #9253 PERMISSIVE PARKING - REPEAL ON FOREST AVENUE, SOUTH SIDE BETWEEN 40 FEET WEST OF ELMWOOD AVENUE AND A POINT 82 FEET WEST THEREFROM PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances., as stated below., to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Forest Avenue , south side between 40 feet west of Elmwood Avenue and a point 82 feet west therefrom 2 hour parking 7:00 a.m. to 7:00 p.m. Except Sunday This action is being taken at the at the request of the Director of Parking Enforcement (see previous and next serials). NOTIFICATION SERIAL # 9254 INSTALL NO STANDING ON FOREST AVENUE, SOUTH SIDE BETWEEN ELMWOOD AVENUE AND A POINT 182 FEET WEST 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 that part of Subdivision 22 Section 15 of Chapter 479 of Page 14 01-0220-ss214.txt Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Forest Avenue, south side between Elmwood Avenue and a point 182 feet west therefrom At all times This action is being taken at the request of the Director of Parking Enforcement (see previous 2 serials). NOTIFICATION SERIAL #9255 INSTALL NO PARKING 7AM-7PIN ON FEDERAL AVENUE, WEST SIDE BETWEEN SHAWNEE AVENUE TO THE NORTHERN DEAD-END. NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Federal Avenue, West side Between 7am to 7pm. Shawnee Avenue And the Northern Dead-end. This action is being taken at the request of Street Sanitation and the Division of Parking Enforcement. Currently this section of Federal contains no parking restrictions. This serial will install the same restrictions as found on Federal Ave. from Kensington Ave. to Shawnee Ave. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 REPORT OF BIDS REMOVAL & DECONTAMINATION OF ELECTRICAL TRANSFORMERS BROADWAY GARAGE I advertised for on January 26, 2001 and received the following sealed formal proposals for the Removal and Decontamination of Electrical Transformers, Broadway Garage, which were publicly opened and read on February 6, 2001. Base BidAlt #1 Industrial Site Services$19,624.00$ 10.00 Clean Harbors$23,625.00$1,300.00 Braasch Construction$29,800.00$2,500.00 Environmental Service Group$39,190.00$1,800.00 Alternate #1 is to use concrete in lieu of crushed stone. I hereby certify that the foregoing is a true and correct statement of all bids received and that Industrial Site Services, with a Base Bid of $19,624.00, add Alternate #1 for $10.00, for a total amount of Nineteen Thousand Six Hundred Thirty Four and 00/100 Dollars ($19,634.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $25,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project is available in CPF 34320106 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Removal and Page 15 01-0220-ss214.txt Decontamination of Electrical Transformers, Broadway Garage, to Industrial Site Services, the lowest responsible bidder, in the Base Bid amount of $19,624. 00, add Alternate # I for $ 10. 00 for a total amount of $19,634.00. Funds for the project are available in CPF 34320106 445100 Division of Buildings. PASSED AYES -13 NOES - 0 NO. 30 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER HOUSE ELECTRICAL REWIRING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, House Electrical Rewiring, CIR Electrical Construction, C #92010218. 1 . Delete restoration of aisle light system. Deduct$ 2,500.00 2.Additional work on exterior lights, receptacles and fixtures in lobby, organ loft, men's room, and mop closet. Add $ 10,114.00 3.Additional work in basement, Production Manager's Office, upper and lower box seats, basement ladies room, stairway to basement from lobby, and coat check room, due to age of building. Add $ 20,858-00 The foregoing change results in a net increase in the contract of Twenty Eight Thousand Four Hundred Seventy Two and 00/100 Dollars (28,472.00). Summary:Current Contract Amount $ 355,448.00 Amount of This Change Order (#3) Add$ 28,472.00 Revised Contract Amount$ 383,920.00 Costs have been reviewed by the Consulting Engineer (M/E Engineering), Consulting Construction Manager (Ciminelli Cowper), and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 39232006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated February 2, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to CIR Electrical Construction, an increase in the amount of $28,472.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, House Electrical Rewiring, C #92010218. Funds for this project are available in CPF 3 923 2006 44 5 100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 31 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTERS GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, General Construction, New Era Construction Inc., C #92010293. 1. Existing concrete slab removal and replacement. Add $ 12,880.00 The foregoing change results in a net increase in the contract of Twelve Thousand Eight Hundred Eighty and 00/100 Dollars ($12,880.00). Page 16 01-0220-ss214.txt Summary: Current Contract Amount $1,308,908.00 Amount of This Change Order (#3) Add$ 12,880.00 Revised Contract Amount $1,321,788.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34321906 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to New Era Construction Inc., an increase in the amount of $12,880.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, General Construction, C 992010293. Funds for this project are available in CPF 34321906 445 100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 32 CARMICHAEL CENTER OUTDOOR BASKETBALL COURT IMPROVEMENTS On February 7, 2001 we received and opened informal bids for the Carmichael Center outdoor basketball court improvements as follows: CONTRACTORBASE BID American Paving$17,750 Thomann Asphalt$18,290 Del Prince & Sons$18,480 Amherst Paving$18,795 Designer's Estimate$19,500 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the low base bid of $17,750. Therefore, American Paving, 5880 Thompson Road, Clarence Center, New York 14032 is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the city to order the work on the basis of the low bid. Funds for this work are available in Bond Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 7, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Carmichael Center outdoor basketball court improvements, to American Paving, the lowest responsible bidder, in the amount of $17,750. Funds for the project are available in Bond Fund Accounts 30126906 and 35640206. PASSED AYES -13 NOES - 0 NO. 33 REDUCTION IN RETENTION MAIN/LASALLE REVITALIZATION CONTRACT # 92010047 C. DESTRO DEVELOPMENT CO., INC. ITEM #157 C.C.P 6/9/98 ITEM #222 C.C.P. 6/23/98 hereby submit to your Honorable Body the following request for a reduction in retention for the subject project. Page 17 01-0220-ss214.txt This project is virtually complete with the exception of the finishing of the gateway feature and landscaping. The contractor is prevented from completing these streets due to weather. This work amounts to 5% of the project. Therefore, I am requesting your Honorable Body's authorization to reduce the retention on this contract $30,000.00. It is the opinion of our Consulting Engineer and this Department that the retention proposed is sufficient to guarantee completion of this contract in the Spring of 2001. It is respectfully requested and I hereby recommend that your Honorable Body authorize a reduction in retention from $180,750.03 to $30,000.00 in bonds to C. Destro Development Co., Inc. Mrs. Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 6, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from $180,750.03 to $30,000.00 in bonds to C. Destro Development Co., Inc., for Main/LaSalle Revitalization, Contract #92010047. PASSED AYES -13 NOES - 0 NO. 34 RESPONSE TO "REQUEST-DEVELOPMENT OF A COMPREHENSIVE STREET CLEANING PLAN", # 192 CCP, JANUARY 23, 2001 Introduction The Department of Public Works-Division of Street Sanitation is currently formatting their plans for street cleaning in 2001. Each year an evaluation of staffing and equipment is done to maximize our street cleaning capabilities. This year we plan to have five people to operate brooms on the first shift and five people on the third shift. Second shift is used to collect trash during the trash season, and complaint stops during the eight weeks between the spring and fall trash seasons. The City of Buffalo has 1,770 curb miles of streets within the City limits, A broom operates at 2.5 miles per hour. Assuming that a broom will run four hours on any given shift, allowing for breaks and fueling (gas and water), greasing, travel time to districts, unloading and cleaning of the machines at the end of the shift, this means that it will take a total of 708 hours to broom each street once. If each shift is four hours of brooming time, then it will take one broom 177 shifts to complete the entire City. If there are five brooms per shift, it will take 18 days to complete the entire City. If you assume there will be people taking time off, and the down time for equipment maintenance and repairs, you can estimate that it takes the Department four weeks to broom each street in the City once. Operational Plans The Department of Public Works has tentatively planned for five complete brooming cycles during 2001 based on the above assumptions. These will be done in addition to the brooming after special events, lot cleaning, requests and/or as needed in any part of the City. Cycle I The first brooming cycle is scheduled to begin as soon as the weather breaks. Traditionally the timing for this cycle of brooming is during Easter time prior to the spring trash season, which beings on April 1st It is likely that brooming for this cycle will take place during the month of March. Cycle 2 The second cycle of brooming will correspond to the spring trash schedule, After each street has its trash collected a broom will follow to clean the street. The timing for this cycle will be from April I" through Page 18 01-0220-ss214.txt May 27 th. Cycle 3 The third brooming cycle is scheduled during the weeks between trash seasons. Between May 27 th and the start of the fall trash season on July 29th , every street in the City will be broomed. This is also the time when additional brooming time is needed after special events, after lots have been cleaned and cut, etc. as mentioned in the Introduction section of this plan, Cycle 4 As is done in Cycle 2, this brooming session will correspond with the fall trash schedule. Each street is to be broomed after the trash is collected on each street between July 29th and September 23 rd. Cycle 5 The last brooming session begins during the weeks that leaves are collected. This cycle will be operated during the month of October. This schedule ensures that every street in the City will be broomed at least five times during the 2001 brooming season. If time allows, more brooming will be conducted to ensure that City streets remain clear of litter and other debris. Other efforts to keep City streets clean by the Department include the implementation of a City wide tote program for refuse collection. The City has already found that streets are cleaner in those areas that have totes since all garbage is now contained before collection. The City is taking a comprehensive approach to keeping our City clean. Street cleaning with our fleet of brooms is only part of this approach. We continue to research other techniques to keep our streets clean. We look to other municipalities like our own to see what is working for them, and if it can work for us. Our commitment is to a cleaner Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 TRANSPORTATION STUDY - MARTIN LUTHER KING EXPRESSWAY ITEM #247, C.C.P. 5/30/00 This is in response to the subject item which requested our department in conjunction with NYSDOT to develop a proposal for redesign and repair of Route 33 (Kensington Expressway A.K.A. Martin Luther King Expressway). Please be advised that the New York State Department of Transportation has submitted documentation through the Greater Buffalo Niagara Regional Transportation Council (GBNRTC) to hire an engineering consultant to perform a safety and operational analysis study on Route 33. The estimated cost of the study is $300,000 and all local agencies in the GBNRTC will be involved in consultant selection, scope of work and final recommendations. The scope of work will include a complete accident analysis, operational characteristics, highway geometrics, mitigation measures and associated cost estimates for alternative improvements. It is anticipated that a consultant will be selected by May 2001 and the study will take approximately 6 to 8 months to complete. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 UTILITY PAYMENTS CRUCIAL ITEM #200, C.C.P. 2/6/01 The referenced item was referred to this department for a response. Budget amounts for various utility payments are no longer under the control of the Department of Public Works, Parks and Streets. Such funds are now the responsibility of the Office of the Comptroller. I suggest that this item be referred to the Comptroller, the Division of Budget and the Division of Real Estate. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER Page 19 01-0220-ss214.txt OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER NO. 37 WATER BILLING SERVICE .ITEM #183, C.C.P. 1/23/2001 The referenced resolution was referred to this office for comment. The Division of Water has billed metered accounts in thousand cubic feet (mcf) of usage for at least the past twenty years. We do not, however, "round-up" as the resolution suggests, we round usage down to the lower mcf. Nevertheless, our meters do record water usage in cubic feet (cf), and once we receive concurrence of the Buffalo Sewer Authority, we expect to begin billing in cubic feet. The BSA concurrence is expected soon. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER NO. 38 OLD 14" MONITORS TO BE AUCTIONED We are respectfully requesting your permission to auction the following 14" monitors at the next property auction conducted by the Buffalo Police Department. MONITORS CITY OF BUFFALO # SERIAL # MODEL#CONDITION 04267588196026542-103 04254223886876542-103 04254423904156542-103 043310231124056542-301NO POWER 04328323K27886542-301 04311888L89246542-103 04254123886736542-103 04254323904716542-103 04331423R24036542-301 04350923WI3586542-301 04266223236036542-103 04418623CR2936543-301 04253023900586542-103 043331323RI3666542-301 04328423KI9416542-301 03486123PMMK26324-001 04119123PXHC36324-001 043317231RI4056542-301 04351623W13476542-301 04407923CN4986543-301PICTURE FLASHES 04254723904416542-103) 04254823904916542-103 Mrs. LoTempio moved: That the above communication from the Police Department, dated January 31, 2001, be received and filed; and That the Commissioner of Police, be and he hereby is authorized to auction the above-mentioned 14" monitors at the next property auction conducted by the Buffalo Police Department. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 39 Certificate of Appointment Appointment Effective: February 12, 2001 in the Department of: Police to the Position of: Senior Cellblock Attendant Contingent Permanent Appointment Intermediate Starting Salary of: $ 27,509 Page 20 01-0220-ss214.txt Raymond D. Lysarz 22 Germain Street Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO.40 CERTIFICATE OF APPOINTMENT Appointment Effective: February 12, 2001 in the Department of Fire Division of Fire to the position of Fire Lieutenant permanent promotion at the: flat Starting salary of : $56,560 Magaret Keane 151 Whitfield Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: February 12, 2001 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire TO THE POSITION OF: Fire Lieutenant permanent promotion at the: flat Starting salary of : $56,560 Thomas Sember 291 Clark Tonawanda, 14223 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: February 12, 2001 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire TO THE POSITION OF: Fire Captain permanent promotion at the: flat Starting salary of : $59,432 Joseph Fahey 232 Lorfield Amherst, 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 43 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE:February 12, 2001 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire TO THE POSITION OF: Captain permanent contingent promotion at the:FLAT Starting salary of $59,432 William Webster 62 Beyer Place Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 44 Iron Mountain Settlement The Law Department is requesting the Common Council to take action in relation to the litigation involving the expansion of Iron Mountain Records Management Inc.'s record storage facility. After considerable discussions and negotiations, an accommodation has been reached that should satisfy all concerned parties. It is requested that the Common Council authorize the Corporation Counsel to settle the pending litigation between the City, Iron Mountain Records Management, Inc. and the Friends of the Buffalo River; receive the attached Full Environmental Assessment Form for the transaction and, if the EAF is satisfactory, adopt the draft Negative Declaration; and authorize the City to acquire and transfer land to Iron Mountain, provided the cost to the City does not exceed $60,000. All parties to the litigation are prepared to execute a Consent Decree dismissing this action and demonstrating their agreement to this proposed settlement. If you have any questions, please feel free to consult this office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 45 Restaurant Dancing Class IV 141 ELM Page 21 01-0220-ss214.txt 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 141 Elm 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 complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Zephel Owens. The attached thereto for Zephel Owens d/b/a Sensationz at 141 Elm. This require is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 Report of Audit, Division of Permits Item No. 11, C.C.P. 2/6/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. We in the Department of Permit and Inspections Services have reviewed the Audit Report of the activity of The Office of Permits. In reference to the Audit recommendations would like to inform your Honorable Bod3 of the following facts: I . The Office of Permits is not accepting cash or checks and all permit fees are being deposited with the City Treasury. 2. Currently all payments are being "batched" on a daily basis and deposited intact with the City Treasury utilizing computerized payment proofs. 3. A system for the deposit of Performance Bonds and non-permit fee receipts will be designed in cooperation with the Divisions of Data Processing, City Treasury and the Office of Permits. 4. Permit Office staff, on the basis of availability is performing currently daily reconciliation of mail in and walk it receipts. We have requested the addition of one (1) Account Clerk in the 2001/2002 City Budget. This newly create( position will be assigned to the Office of Permits to take responsibility for this important task. 5. The suggestion for performing manual corrections to the Munis and Hansen Systems is as follows; Currently the "Hansen" Permitting System does not generate a permit fee report. The Division of Data Processing is in contact with the software manufacturer to check and see if the system is capable of this feature. The Munis system generate a permit fee report. Staff in the Office of Permits can not alter this permit fee report. Permissions for making manual corrections and the permissions to issue refunds from these accounts must be given to Permit Office supervisor personnel. 6. The Audit makes reference to staffing levels in the Office of Permits. This has been a problem that the personnel it the Office of permits have addressed by the shifting of duties and prioritizing the tasks at hand. A staff person in the office, dedicated to the duties of reconciliation would not only make this operation run at maximum efficiency, but would also present the professional demeanor we all strive to achieve. During the most recent audit activity, data was obtained from monthly reports generated by the Munis and Hansen systems. Also, during the performance of the Audit, a yearly report was generated from the Munis system. Personnel ii the Office of Permits obtain its totals of the monthly deposit reports from the Munis system. As personnel in the Cit~ Treasury enter the deposits of receipt on the Munis system, reports on monthly cycles are generated reflecting the activity in each respective permit account. Data obtained by the Auditor of the Office of the Comptroller showed a discrepancy o twenty-three thousand six hundred and thirteen dollars ($23,613) for the 1999 through 2000 fiscal year. This data was obtained from the very same system and program Page 22 01-0220-ss214.txt that the Office of Permits obtains their respective account totals. A previously stated the personnel in the Office of Permits do not have access to the action of making adjustments and o corrections to the data entered into the Munis system. We in the Department of Permit and Inspection Services have request a report be designed and run to show all adjustments made to the Munis accounts assigned to the Office o Permits. This report if created may help reconciliation of the reported discrepancy as noted by the Audit Report. It is in sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON FINANCE NO. 47 Secondhand Dealer 146 Elmwood Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand License located at 146 Elmwood and find that as to form it is correct. I have cause an investigation into the premises for which said application for a secondhand dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Alice J. Dudko. The attached thereto for Alice J. Dudko d/b/a Alice's Attic. The request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 48 "Walkable" Buffalo You have asked the Bureau of Administrative Adjudication to comment on issues involving enforcement of snow removal ordinances The City of Buffalo is one of the few municipalities that proactively enforces ordinances relating to snow removal. The Bureau issued 400 summonses this winter and hundreds of warnings. Each year we implement new procedures to further improve our efforts to keep the city sidewalks clear of ice and snow. As the result of these efforts, we have noticed an increase in compliance in business districts over the past few years. In addition to issuing summonses for unshoveled sidewalks, we issued warnings to businesses located on street corners informing them of their legal responsibility to clear snow and ice from the curb cuts and issued summonses to those businesses that failed to comply with our warning. Next year we plan on increasing our efforts to enforce ordinances relating to snow removal on curb cuts. Furthermore, we worked closely with the Mayor's Impact Team and the Street Sanitation Department who removed snow and ice from areas that were identified by our office as high risk to pedestrian and vehicular traffic. We are working on ideas to further expand our efforts into the residential neighborhoods and increasing public awareness of snow removal ordinances. I will be happy to discuss this issue further at the March 5, 2001 Snow Removal Task Force meeting. REFERRED TO THE TASK FORCE ON SNOW REMOVAL FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 49 RFP'S DEBT RECOVERY SERVICES Please find attached seven (7) proposals in response to the City of Buffalo Request for Proposals for Debt Recovery Services. This is in response to the request made through Commissioner Eva M. Hassett. The companies that submitted proposals are as follows: Capital Management Services Inc. OSI Collection Services Page 23 01-0220-ss214.txt Merchantile Adjustment Bureau Inc. Capital Management Inc. NCO Financial Systems Inc. Penn Credit Corporation Law Enforcement Systems Inc. If I can be of any further assistance to answer questions about interviews with the various companies please contact me at 851-4222. REFERRED TO THE COMMITTEE ON BUDGET NO. 50 MINORITY BUSINESS UTILIZATION REPORT Attached, please find the Minority Business Utility Report from the Community Services Chart on File in Clerks office REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 51 Difference in Pay -Workers' Compensation Theresa Zielinski -Typist Theresa Zielinski, a Typist in the Department of Human Resources, Division of Compensation & Benefits, was totally disabled due to work related injuries from 12/15/00 to 01/23/01. She was paid a Workers' Compensation rate of $332.90 per week for this period of lost time. Her average weekly wage is $499.35. Pursuant to 35-22 of the City Code and Article XII of the AFSCME, Local 650 Collective Bargaining Agreement, she is also entitled to "difference in pay" for this same period at the rate of $166.45 per week for 5.4 weeks, totaling $898.83. Pursuant to the AFSCME, Local 650 contract, this supplemental payment must be approved by the Common Council. Mrs. LoTempio Moved: That the above communication from the Commissioner of Human Resources, Division of Compensation and Benefits dated February 14, 2001 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Theresa Zielinski, Typist in the Department of Human Resources, Division of Compensation and Benefits in the amount of $166.45 per week for 5.4 weeks, totaling $898.83 for difference in pay allowance under the provisions of the Workers' Compensation Law from December 15, 2000 to January 23, 2001. Passed AYES-13-NOES-0 NO.52 Resolution by Mr. Fisher pertaining to fairness among African American Workers in the Department of Public Works/Div. of Streets 1. Information concerning appointments to vacancies, job or shift assignments in the Department of Public Works/Div. of Streets is the responsibility of the Commissioner of Public Works. 2. Positions within the Department of Public Works/Div. of Streets are listed in the salary ordinance for this department. Civil Service does not keep records of ethnic breakdowns of employees. 3. In accordance with Section 50 of Civil Service Law, seasonal employees are not eligible for promotional examinations. Information concerning training of seasonal employees for test taking etc. should be referred to the Commissioner of Human Resources. REFERRED TO THE COMMITTEE ON CIVIL SERVICE,CITIZENS RIGHTS AND COMMUNITY SERVICES COMMISSION AND COMMISSIONER OF PUBLIC WORKS NO. 53 Request pertaining to the Department of Public Works/Division of Streets In response to your correspondence dated February 8, 2001, please Page 24 01-0220-ss214.txt accept the following: 1. When was the last exam held for Foremen in the Department of Street Sanitation? There is no title of foreman, that position is called Supervisor of Street Sanitation I. Examination was held November 13, 1999 List adopted February 16, 2000 for I to 4 years Currently there are 34 names on list 2. Is there an upcoming exam for Foremen" There is no upcoming examination for Supervisor of Street Sanitation 3. What is the ethnic breakdown of Truck Drivers? Ethnic breakdowns of individuals for the examination for Truck Drivers (Streets). Be advised that this may not be accurate because Civil Service does not keep records of ethnic backgrounds of individuals who file applications for examinations. (see attached list) 4. How many seasonal workers took the promotional Lifters exam? In accordance with Section 50 of Civil Service Law, seasonal employees are not eligible to take promotional examinations. The title of "lifter" in Department of Public Works/Streets is called Street Worker. This position is classified as non-competitive and the Commissioner of Public Works nominates individuals for appointment to this position subject to civil service approval. 5. How long does a seasonal worker have to be employed before becoming a permanent employee? Length of time a seasonal worker has to be employed before becoming permanent depends upon if there is a vacancy and is the responsibility of the appointing authority, in this case, the Commissioner of Public Works. 6. What is the ethnic breakdown, in percentages, of all seasonal worker in the Streets Department? Civil Service does not keep records of ethnic breakdowns of employees. 7. What is the length of tenure for each seasonal worker? Several years ago, the Commission, Commissioner of Street Sanitation and Director of Budget set the length of tenure for seasonal workers in Street Sanitation to nine (9) months. 8. How many seasonal employees took exams for promotional positions? How many positions were available? Seasonal employees are not eligible to take promotional examinations by law. 9. What would it cost to make all seasonal employees permanent in the Department of Street Sanitation? Include salary and benefits. 10. Why isn't the Living Wage Ordinance being enforced and are there any plans to enforce it in the future? Is the Living Wage Ordinance being enforced and are there any plans to enforce it in the future? Be advised information concerning salary, benefits, living wage ordinance and collective bargaining agreements should be referred to the Commissioner of Human Resources. Also, for your information, please note that the Dispatcher examination has been scheduled for February 24, 2001. It will be held on a promotional and open competitive basis. Promotional Qualifications A. Continuous and permanent status as a Laborer in competitive class for one year. OR B. Continuous and permanent status as a Laborer 1, Laborer 11, Housing Custodian or Street Worker in the non-competitive class for two years. In addition, must have one year of full time experience in the dispatching of vehicles, equipment and work crews; six months of which must have been in the operation of a telephone switchboard Page 25 01-0220-ss214.txt and/or in two-way radio dispatch system. Special Requirement: possession of a current New York State Drivers license which must be presented at time of appointment. Truck Driver (Streets) examination Promotional - Employees filed application as follows: 6 permanent Laborer II 3 permanent Laborer I 2 Street Workers Open Competitive - Individuals filed application as follows: 32 Laborer II seasonal As of 2/13/01, there are 99 Laborer II - seasonal employed by the DBP/Div. of Streets and no Laborer I. In accordance with Rule 12 (8) of the Rules of the Classified Service of the City of Buffalo, "Under no circumstances shall the names of those attaining a rating below the minimum standing shall be published." I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE THE CITIZENS RIGHTS AND COMMUNITY SERVICES COMMISSION NO. 54 Certificate of Appointment R E V I S ED Appointment Effective: January 2, 2001 in the Department of: Human Resources Division of: Personnel to the Position of: Director of Personnel Provisional at the: Flat Starting Salary of: $49,643 Margherita Fanti 308 St. Lawrence Ave. Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 55 "Concerns -Mantra Narain" Item no. 92 C.C.P. February 6, 2001 I received the letter from Council Member Barbara Miller-Williams on February 2, 2001, before I received the request from the Common Council on February 8, 200 1. 1 immediately prepared a response to Council Member Miller-Williams. I am attaching a copy of my response that outlines the events concerning Mantra Narain up to that date. Mrs. Narain appeared at Seneca Vocational High School on February 7, 2001 demanding her son's records. Ms. Geraldine Horton, Principal of the school, spoke with her and explained that she could not give her the records since records are transferred only between schools. She did offer to make copies of his 8 1h grade reports and his latest report card. Mrs. Narain was not satisfied with the response. Ms. Horton asked if Mantra was attending Bennett High School. Mrs. Narain informed her that Mantra was not at Bennett High School and that she was taking him to Canada and would no longer send him to school in Buffalo. As of today, he has still not registered at Bennett High School. REFERRED TO THE COMMITTEE ON EDUCATION No. 56 "M.Rudroff-Concerns-Music Dept.- Bflo. Academy for Visual/Perf Arts" Item no. 88C.C.P.February 6,2001 Following is a brief description of the instrumental program and important items that are pertinent to the senior high instrumental music program at Buffalo Academy for Visual and Performing Arts. 1.Mr. Benjamin Boyar requested a transfer to a similar high school position on August 24, 2000. Mr. Andrew Peruzzini was also requesting a transfer from Hutchinson Technical. Both teachers are certified in the state of New York for "Music K-12". (Mr. Boyar began teaching at BAVPA immediately after graduating from college. Mr. Page 26 01-0220-ss214.txt Peruzzini began teaching at BAVPA with 2 years of public school experience in the city, approximately 20 years of studio teaching and substitute teaching, and more than 20 years of involvement in performing with such groups as the Buffalo Philharmonic, Eastman Wind Ensemble, American Wind Symphony and SUNY Fredonia Brass Quintet. He has also coached many college level and professional groups.) 2.Mr. Peruzzini has had an excellent record with the Buffalo Public Schools per his evaluations done by Mr. Greco, principal of Hutch Tech, Theresa Pope, assistant principal at Hutch Tech, Alfred Jarrett, supervisor of music and Kevin Kazinierczak, former supervisor of instrumental music. Most notably, he has established himself as a person who can come into a difficult situation and bring order and success in a short time frame. His mission at Hutch Tech was to focus the instrumental program so that it would be in line with a typical high school anywhere in New York State. 3.Upon his arrival, Kevin Kazmierczak, the principal, conferred with Mr. Peruzzini and explained that this would be a most rewarding assignment; but that there may be difficulties in the beginning since his predecessor was not only successful, but also loved by many students. Since the beginning of the year, the principal has monitored the band situation closely by frequent classroom visitations, inspection of class plans, and personally attending parades, concerts and many rehearsals. He feels that the instrumental music program has not missed a beat and is on its way to being worthy of national recognition within 5 years. 4. Mr. Peruzzini, along with Mrs. Grabowski (Middle School and Elementary Bands) and Mrs. Stewart (Woodwind teacher and orchestra teacher), have proposed a new direction for the entire instrumental department. While there had been an excellent jazz program at BAVPA in the past, there will be an expansion into three jazz ensembles (Sr. High, Jr. High and elementary), several small jazz combo courses, jazz history and theory and jazz improvisation courses within the next year. Also, the symphonic bands are growing in quality as well as in number. In any excellent NYS high school, the backbone of the instrumental curriculum is the symphonic or concert band. The addition of marching band has many parents and students excited. On the orchestra side of the department, BAVPA is witnessing an increase in enrollment and quality with teacher Mrs. Stewart. Confusion regarding the elimination of the jazz program could possibly be attributed to the growth in the dimensions of the overall department. (However, the teacher and the principal have reassured parents and students on a few occasions that the jazz program is still very important and will grow to new heights. In fact, there are more rehearsals this year than last. The principal has also committed school money to the purchase of new jazz ensemble music thus expanding the music in the students' folders.) 5. Students participated in the annual All County Solo Festival. Mr. Peruzzini has coached students during their lessons(-as have Mrs. Grabowski and Mrs. Stewart.) He assured the principal that he has never told a student that he is unable to teach them because the student had grown beyond his understanding. (I'm sure that you'll agree that it would difficult for a student to do so after reviewing Mr. Peruzzini's resume and credential file.) He is not aware of any students having been given the "wrong music" for solo competition. He does acknowledge that some music was given out later than he would prefer because of back order at music stores and because his predecessor took the entire solo library to Hutch Tech. (Apparently, Mr. Boyar claims to have purchased the solo library with his own funds.) In that Mr. Peruzzini began just before the commencement of the school year, he had a lot to organize and learn. He has apologized for any inconvenience and disruption that occurred due to the late distribution of any music. Mr. Peruzzini has assured the principal, Page 27 01-0220-ss214.txt parents and students that they will have an extensive file of solo music for the all county library. The principal has budgeted for the purchase of this music in his proposal for 2001-02. 6. In reference to comments made regarding the "loss of a year" because of the new teachers, the principal expressly stated at one PTO meeting and at two band parents meetings that they do not want to miss a beat in transition. It is important to him and to Mr. Peruzzini that the present seniors continue to have excellent experiences and build great memories while getting a first rate education. The annual Jazz festival is taking place in March of this year. A trip is tentatively planned --contingent on student behavior during the school year and the students' achievements during their rehearsal and practice session. 7. There is no agenda to make BAVPA into a purely academic school. However there is need for the school to focus on student learning in academics because of the results on the NYS assessments. Next year, the entering freshmen will not be able to count on a "safety net" of 55-64 as a passing grade on these exams. Presently, a significant part of the population is in this "level 2" category. It is very important to the parents, the students, the faculty and the principal that students receive a top rate education in academics so that they are eligible for a Regents diploma upon graduation. District wide, we are examining every item that impacts on student learning. Schedules, use of funds, curricula, teaching strategies, parent communication and everything that effects the achievement level of students is being thoroughly questioned. It is my firm belief that all of our schools will be significantly different in the coming years. At BAVPA, Arts content will be integrated with academic courses in a substantial way. Students will be given a strong college preparation so that they may attend any institution of higher learning they wish. This will be due to strong academic rigor and relevant updated offerings in the arts. 8. This year, BAVPA has a new principal and four of six music teachers who are new to the building. There are bound to be growing pains as we update this curriculum. All are committed to excellence on the part of students and teachers at BAVPA. As we pursue excellence, many items will be changed. While this may cause some questions to arise, I assure you that our focus will always be that which is best for students and student learning. Yesterday I received a letter from another parent at the school, Julia Rehbaum. I am attaching a copy for your information. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 57 BMHA MINORITY BUSINESS UTIOLIZATION REPORT attached please find a Minority Business Utilization Report from BMHA. C on file in the City Clerk's Office. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 58 Adelphia Operations Center Just over three years ago, tile Masiello Administration decided to Put together five publicly owned parcels on the Buffalo Waterfront, along with the State, Count)' and NFTA, and send Out an RFP for development proposals. After working with those same government entities to finance the inner harbor (canal) project for the first tin-le in tile city's history and after securing, with Congressman Quinn's leadership, federal funding for the intermodal facility (Amtrak Station), it was apparent that it was time to attract first class developers to help bring job creation and tourism-generating projects/tenants to Buffalo's Page 28 01-0220-ss214.txt long awaited waterfront redevelopment. DDI, under the direction of tile city and its Board of Directors, again worked with its partners in government to attend development conferences, meet with prospective developers and spread the word that Buffalo was on the move. After a lengthy process that included interest from well over 20 development companies, the Mayor and the DDI board selected a "Dream Team" consisting of the enormous talents, experience and resources of Adelphia, The Cordish Company and Benderson Development to make the development Occur. Adelphia presents tile first aspect of this private development to us in tile form of National Operation Center. As it became apparent that DDI and the city had been presented with all unforeseen consequence of its waterfront redevelopment efforts in the way of a 1500 employee office project (prior to the new Sabres ownership, no office component existed), DDI quickly commissioned all economic impact Study to better understand the impact such a proposed project Would have on the Buffalo economy. DDI selected KPMG to conduct the study and it was sent to tile Common Council. It Concluded that this project would have tremendous direct and indirect benefits to the BLlf1`aI0 economy. Another copy is attached for your review. Since the study was Concluded, however, tile project has been better defined and the proposed MOU with Adelphia finalized. DDI staff has updated these numbers for your review and consideration (also enclosed). It Should be noted that tile city, County and state have been in discussions with Adelphia about this project since Attached available in City Clerks Office REFERRED TO STADIUM & AUDITORIOUM TASK FORCE No. 59 Michael Ferdman-reg. BERC Recognition Neighborhood Bus. Dist.-Create Jobs. ITEM NO. 72, C.C.P. 02/06/01 The BERC has recognized neighborhood business districts as a fertile ground for its mission of creating city jobs and has created the live zone program to accomplish this objective. The BERC has also begun the process of bringing together an of the city's business districts to help them simultaneously create jobs and strengthen our neighborhoods. We look forward to continuing to work with district council members and neighborhood business districts as a partnership to revitalize our city. Please find the attached response to Michael Ferdman regarding this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 60 Strategic Plan for Community Economic Development I am enclosing for your review, discussion and approval a Strategic Plan for Conmunity Economic Development The Plan outlines principles, strategies and programs to: l.Stimulate neighborhood economic development; 2. Facilitate Business retention and attraction; 3. Strengthen tourism and hospitality development; and 4 Reduce the cost of doing business in the City. The Plan has been approved by the BERC Board of Directors at their meeting of January 31, 2001, and has been distributed to key economic development agencies for their review and feedback. I look forward to discussing this Plan with you further. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 LIQUOR LICENSE APPLICATION 30 DAY NOTIFICATION Page 29 01-0220-ss214.txt CLERK OFFICE ATTN; CHARLES MICHAUX III CITY HALL BUFFALO, NY 14202 Dear Sir: Recently the undersigned received an inquiry relative to the "thirty-day notification" rule. Please find a copy of Section F of the standard liquor (beer, wine) application enclosed. An applicant is supposed to notify the Clerk of a municipality thirty days BEFORE the actual filing of the application with the Authority, by certified mail, return receipt requested. They are therefore to fill out Section F verifying that the have done this requirement. This is to make sure the municipality has adequate time to object to the issuance of a license BEFORE the license is actually issued. However, there are cases where the thirty-day notification rule may be waived. In order to do this the applicant MUST provide a letter from the mayor, town supervisor, etc indicating the following three conditions: 1) The municipality has been notified of the application 2) The municipality has no objection to the issuance of the license 3) The municipality requests the "30 day rule" be waived. The undersigned suggests that as a general rule, the City only do this under exceptional or highly unusual circumstances. Another question the City may have concerns the "500 ft" rule. If an applicant for an ON PREMISES, or other license where liquor would be sold for consumption on premises at retail, and there are already three other locations within 500 ft (approximately one tenth of a mile) a hearing is held regarding the rule as a barrier to the granting of the license. The Municipality is invited to this hearing to air any community protests or concerns, and the applicant would therefore be given a chance to show how the public interest would be served by the issuance of the license. The Municipality may again request a waiver of the hearing if it does not object to the issuance of the license. Of course it also has the option of not attending the hearing if it has no objection to the license issuance. Again the undersigned would respectfully recommend that the City do this only under unusual or exceptional circumstances. (Where it can be shown either an overwhelming public good by the early issuance of the license or an unusual hardship to the applicant by having to wait for the usual process.) If anyone from your office or The Council has any questions regarding the above matters, please do not hesitate to call me at 847-3059. Thank you for your inquiry and concern in these matters. Yours truly, BRANDON W NOYES EXECUTIVE OFFICER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE CITY CLERK NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 153 Delaware153 Delaware IncNazzareno Masecchia 20 Allen St20 Allen StPaul Winter 73 Allen St73 Allen StJeffrey Benjamin 2090 Genesee StPark Manor of WNY Leonard Bass 414 DelawareMansion on Delaware Dennis Murphy RECEIVED AND FILED NO. 63 LEAVES OF ABSENCE WITHOUT PAY Page 30 01-0220-ss214.txt I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Public Works, Streets & Parks- Barbara Schneider X Permit and Inspection Services- Richard Ogorek X Administration and Finance- Robert Sienkiewicz RECEIVED AND FILED. NO. 64 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 Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. NO. 65 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 February 12, 2001 in the Department of Common Council to the position of Intern VI, Seasonal, Non- Competitive at the flat Starting Salary of $10.00/hr LaToya A. Cunningham, 135 Rose Street, BUFFALO NY 14204 Appointment Effective: January 22, 2001 in the Department of COMMON COUNCIL, Division of to the Position of INTERN V at the flat starting salary of$8.00/hr Senora Boddie, 187 Jewett Ave., BUFFALO NY 14214 Appointment Effective: February 2, 2001 in the Department of COMMON COUNCIL, to the Position of INTERN V at the flat Starting Salary of $8.00/hr Sheila Torres, 139 Albert Ave., BUFFALO NY 142O7 Appointment Effective February 20, 2001 in the Department of COMMON COUNCIL Division of to the Position of INTERN V, Seasonal Non Competitive at the Flat Starting Salary of $8.00/hr David A. Lomax, 107 Spaulding St., BUFFALO NY 14220 Appointment Effective February 15, 2001 in the Department of COMMON COUNCIL to the Position of Intern V, Seasonal, Non Competitive at the flat starting Salary of $8.00/hr Michelle L. Urbaniak, 89 Mayer Ave, Buffalo, NY 14207 NO. 66 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective February 14, 2001 in the Department of Public Works, Parks and Street, Division of Streets to the Position of Seasonal Laborer II James D. Keeney, 116 College, Buffalo, NY 14201 Appointment Effective: February 13, 2001 in the Department of Public Works, Park and Streets, Division of Streets .to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat starting salary of $6.92/hr Shawn M. Cunningham, 26 Roslyn, Buffalo, NY 14211 Appointment Effective: February 12, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non Competitive at the flat Starting Page 31 01-0220-ss214.txt Salary of $6.92/hr Carl M. Fisher, 39 Leamington Place, Buffalo, NY 14210 Appointment Effective January 31, 2001 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Swimming Pool Attendant, Seasonal, Non Competitive at the minimum Starting Salary of $5.15/hr Jenell McEwen, 93 Gatchell, Buffalo, NY 14212 NO. 67 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective February 16, 2001 in the Department of Mayor and Executive, Division of Citizen Services to the Position of Complaint Clerk, Provisional pending Non Competitive Status at the minimum Starting Salary of $23,949.30 Domenic Alongi, 63 Villa Avenue, Buffalo, New York 14216 Roxey Hatten, 50 Cambridge Avenue, Buffalo, New York 14215 Lula Blakely Ingram, 350 Lisbon Avenue, Buffalo, New York 14215 Allison O'Leary, 16 Lafayette Avenue, Buffalo, New York 14213 APPOINTMENT EFFECTIVE July 20, 2000 in the Department of Fire, Division of Fire Administration to the Position of Asst Corp Counsel/Municipal Attorney, Provisional appointment at the minimum Starting Salary of $43,552 Christopher Putrino, 258 Asland Avenue, Buffalo, 14222 Appointment Effective February 12, 2001 in the Department of MANAGEMENT INFORMATION SYSTEMS to the Position of COMPUTER PROGRAMMER, TEMPORARYCORRECTED COPY APPOINTMENT at the MINIMUM Starting Salary of $36,509 Peter Zingorenko, 583 Starin Ave, BUFFALO. NY 14216 Appointment Effective:February 12, 2001 in the Department of Police to the Position of Cellblock Attendant , Contingent Permanent Appointment at the Minimum Starting Salary of $24,331 William Vivian, 147 Whitfield Ave, Buffalo, NY 14220 Appointment Effective February 5, 2001 in the Department of: Police to the Position of: Report Technician, Temporary at the minimum Starting Salary of $25,903 Gail Russell-Richey, 108 Phyllis Avenue, Buffalo, New York 14215 Appointment effective February 12, 2001 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Account Clerk-Typist, Permanent Appointment at the minimum starting salary of $25,005.00 Jennifer L. Malanowski, 475 Filmore Ave., Buffalo, NY 14206 Appointment Effective February 12, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of General Mechanic, Permanent, Non-Competitive at the Minimum Starting Salary of: $ 25,914 Paul F. Slomba, 31 N. Ryan Street, Buffalo 14210 Appointment Effective: February 9,2001 in the Department of Public Works, Parks , Streets, Division of Parks to the Position of Park Supervisor I, Permanent, Promotion the Minimum Starting Salary of $29,916 Anthony Greco, 261 Crestwood, Buffalo 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 68 INFO-TECHNICAL ASSISTANCE REPORT Page 32 01-0220-ss214.txt I am in receipt of your letter of February 5, 2001. Regrettably, I will be unable to attend the Education Committee meeting of the Council on February 14 but I am providing the following information that I trust will be useful. Mayor Masiello's letter of September 19, 2000, requesting technical assistance from this Department (as per your attachment) contains 27 items, many with multiple subsections. To attempt to comply with all these requests would more than exhaust the technical assistance budget for this office (which serves 48 counties of New York) for the current fiscal year. Furthermore, many of the items lie outside the purview of the Department of Housing and Urban Development. For example, No. 15 - "Training of principals, administrators and teachers in fully utilizing new schools" would not comply with our state national objectives of providing decent, safe, affordable housing and creating new economic opportunity in urban areas. I would suggest that the Council and the Mayor review the 27 items on the technical assistance request and refine it to two or three items that might have something to do with neighborhood enhancement and community development and resubmit your request. This targeted approach will provide us with a realistic opportunity to address those items that are both within the scope of our national objectives and your needs. REFERRED TO THE COMMITTEE ON EDUCATION NO. 69 BUFFALO / NIAGARA RIVERS GREENWAY TRAIL BUILD OUT Friends of the Buffalo River Barry Boyer, President Attached information REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 REQUEST HELP SNOW SHOVELING Attached correspondence from Irene Chmiel REFERRED TO THE TASK FORCE ON SNOW REMOVAL NO. 71 INFO ABLEY OFFICES LOVEJOY BUSINESS STRIP To the Buffalo Common Council: As per the attached letter from Ms. Evelyn Awad, Bureau of Capital Facilities Planning and Development, Office of Children and Family Services (OCFS). Ms. Awad makes a very interesting statement in the first paragraph. She states: "OFCS will consider site location changes only upon the Awardees (City o Buffalo) request and only when it appears that performance of the award at the original site is impossible such as where the original site is unavailable or the capital improvements are beyond the funding scope of the award". This statement leaves an opening to the City (the Mayor and/ or Councilmember) to make the proper decision and move the ABLEY offices, day care and latchkey to another location, the Lovejoy Business strip. The community center can be renovated for recreational activities. We are enclosing copies of pictures of the Lovejoy Business strip and surrounding area, which is in deplorable condition. By moving the business and office portion of the project to the strip it would satisfy all parties involved. Recently a mailing was forwarded to all Lovejoy residents regarding the opening of after school and Saturday programs at 43Academy along with a Lighted Schoolhouse program. Whatabetter place for the latchkey and day care to be, across from the school running these programs. The block across from the school has 4 buildings that are in Page 33 01-0220-ss214.txt appalling condition, 2 buildings that were recently purchased at foreclosure are in need of extensive repairs. Each Lovejoy Street business block has at least 2 buildings abandoned. Iron Island has also met with a representative from the BERC regarding promoting the business strip. They agreed that this is just where the business portion of the project belongs. It will attract more businesses and it will help support the very few businesses that are already there. Also be aware that if the City continues the attempt to put this business in Hennepin Park it MUST hold a Zoning hearing to change the zoning from residential to business. They also MUST do an Environmental Impact Statement. This was confirmed by the Corporation Council at the last meeting held on January 3, 2001. We feel that there should be a feasibility study to see if there is a need for day care in our community. If this is not needed why would the City of Buffalo and the State of New York spend or better yet waste any more money? Parking, staffing, recreational programs, hours of operation all have been ignored from day one. These all need to be addressed. There are no other parks in the City that are used for offices or a business. Hennepin Park is only I city block. This park already has 4 tennis courts, 2 basketball courts, I multipurpose court (street hockey), a black top drive through from Hennepin Parkway to Ludington Street, a playground and a 24,700 square foot building. This is a park not a business strip. All the councilmembers are talking about the wonderful parks in their districts, the greenspace, and the play equipment. You talk o the importance of parks in urban areas, recreational activities in open space, trees, etc. Yet, you are caving in to the traditional way of voting you vote for my project, I'll vote for your project. Many of the present councilmembers were elected because of the promise to stop that practice. "Go along to get along", is not want is needed. The residents surrounding the park, Iron Island Preservation Society and the New York League of Conservation Voters are prepared to meet with the appropriate individuals to resolve this issue. We are also prepared to file legal action if necessary. RECEIVED AND FILED NO. 72 PLAYGROUND CONSTRUCTION ECC # 61 I am enclosing a copy of the letter which I sent to Mayor Masiello regarding the playground construction at E.C.C. # 61 which was promised to the Community at the F.A.T.H.E.R.S. GROUP MEETING ON November 6, 2000. Thank You. REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT AND COMMISSIONER OF PUBLIC WORKS NO. 73 "WALKABLE COMMUNITIES PRESENTATION" On January 30, 2001, Randi Mail attended the "Walkable Communities Presentation" with Keynote Speaker Dan Burden. Unfortunately there were no handouts at this public forum, but Randi did notice that much of Mr. Burden's presentation is outlined in the article "Road Diets, Fixing the Big Roads." I have attached a copy of this article for your review. Randi also mentioned that the League of Women Voter's and Partners for a Livable Western New York were present at the meeting. They each offered handouts. I have also included those handouts to this memo for your review. I hope this information offers insight into the tone of the meeting. According to the Buffalo News, it seemed to be well received in the Page 34 01-0220-ss214.txt community. If you have any questions, please feel free to contact me at extension 5105. Thank you. REFERRED TO TASK FORCE ON SNOW REMOVAL NO. 74 EMPIRE STATE DEVELOPMENT PUBLIC HEARING - SORRENTO LACTALIS, INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Sorrento Lactalis, Inc. - Empire State Economic Development Fund -General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Friday, February 9, 2001 from 1:30 p.m. to 2:30 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. RECEIVED AND FILED NO. 75 SUPPORT EXPANDED EMPIRE ZONE Dear Mr. Coan: Thank you for your letter requesting that support the City of Buffalo application for an expanded Empire Zone. ) It was the foresight of the Buffalo Common Council over one year ago that generated the interest in applying for additional zones. It was the feeling of many on the Council who believed that neighborhoods and commercial strips were left out that spearheaded then Council Member Byron Brown to start the ball rolling toward applying for an additional zone. We will continue to lead the fight toward securing a zone for the City of Buffalo. RECEIVED AND FILED NO. 76 BUSINESS EXPANSION ELMWOOD AVE B. GRANT M. FERDMAN COMMENTS BUS EXPANSION ELMWOOD AVENUE Please file enclosed correspondence for Tuesday, February 20, 2001 Council Meeting. Thank you for your attention to this matter. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 NEIGHBORHOOD ECONOMIC IMPACT ANALYSIS STUDY CHILDREN'S HOSPITAL Enclosed please find a copy of the(Neighborhood Economic Impact Analysis study1d commissioned to study the effects of Children's Hospital's possible move from its current location to High Street on the Elmwood Village. As you know, I advanced Kaleida a copy of this study prior to its release. The recommendation adopted by the Kaleida Health System Board of Directors to study the feasibility of moving Children's Hospital from Bryant to High Street was premised, in part, on eight conditions. One of those eight was "the development of a comprehensive 're-use' plan for the current Bryant Street site." For that condition to have any substantive meaning at all, it must take into account the economic impact of moving one of the Elmwood area's largest employers out Page 35 01-0220-ss214.txt from Buffalo's most thriving business/ residential neighborhood. I commissioned the attached study to begin to get a sense of the degree of that economic impact. The results are jarring, if not surprising. More than a third of businesses located in the two-block radius around Children's Hospital are likely to close or move if Children's moves to High Street Beyond that 20% of businesses in the Lower prknary impact area are likely to close or move. It was beyond the scope of this study to estimate the ripple effect a concentrated strip of empty storefronts would have on remaining businesses, potential businesses considering a move to Elmwood, or residents considering moving into or out of the neighborhood. The potential of a black hole bifurcating Elmwood as a result of Children's leaving is very real. The impact of Children's potential move is clear, what to do about it is less go. In making the decision whether or not to move Children's - a decision the Kaleida Board has yet to make - the provision of health cam for women and children should come first. In accepting the development of a comprehensive re-use plan as a condition that Referred to Committee on Community Development Kaleida Health must be fulfilled before the decision to move is made Kaleida has acknowledged its responsibility in ensuring the future not just of a potentially empty building, but also of the Elmwood Village itself. Business owners are largely at a loss as to what replacement can have a similar economic impact as Children's Hospital. My understanding of Kaleida's self-imposed eighth condition for moving is that it is unacceptable for Kaleida to go forward with any re-location unless a re-use is identified without an equal or greater economic impact as the existing facility. Anything short of that will cause the potential demise of this business district and residential neighborhood. The decision to move Children's Hospital from Bryant Street to High Street has not yet been made. Whether or not such a move can improve health care in any demonstrable way has yet to be determined. This study was not meant to provide answers to these questions. But this study does cast light on a dimension of the dilemma that has thus far not received as much attention as it deserves. In that sense, this will provide important information for the Steering Committee to consider about the future of Children's Hospital, the Elmwood Village, and Western New York. Buffalo Common Council REFERRED TO THE COMMITTEE ON DELAWARE PEDIATRICS COMMUNITY DEVELOPMENT, KALEIDA HEALTH AND DELAWARE PEDIATRICS NO. 78 S. INTERDONATO CONCERNS DEMO 153 PEACH STREET I represent Mr. Steven Interdonato. Mr. Interdonato is the owner of 153 Peach Street in the City of Buffalo. This letter shall serve to put the City of Buffalo on formal written notice that Mr. Interdonato will hold the City of Buffalo liable for damages if the City proceeds with the demolition of his property at 153 Peach Street. Thank you for your consideration in this matter. REFERRED TO COMMITTEE ON LEGISLATIONCOMMISSIONER OF PERMITS AND LICENSE AND CORPORATION COUNSEL NO. 79 REQUEST FOR FRANCHISE AND CONDUIT LEASING DIVERSE FIBER OPTIC ROUTE BETWEEN 715 DELAWARE AVE AND 350 MAIN ST. Global Crossing North American Networks, Inc. (formerly Frontier Communications International, Inc.) requests application for franchise to build telecommunication facilities in Buffalo, NY. Specifically, we are planning to build diverse fiber paths between our PoP at 715 Delaware Page 36 01-0220-ss214.txt Ave. and the Telecom Hotel at 350 Main St. in downtown Buffalo. Per our telephone conversation, it was mentioned that you might have available conduits for lease along one or more of these routes. We would be very interested a lease agreement to expedite this installation of these cable paths, or perhaps we could enter into a joint-build agreement with a franchised company already permitted for construction. The North/South routes we are looking at specifically are Ellicott, Washington, Pearl, or Franklin Ave. I have enclosed a preliminary route map showing potential paths. Please don't hesitate to call me at 716777-2185 or email me at Leonard Matlock @ global crossing. com if you have any questions or concerns regarding this request. Sincerely, REFERRED TO COMMITTEE OF TELECOMMUNICATION, AND THE OFFICE OF TELECOMMUNICATIONS NO. 80 CLINT M. OUN COMMENTS ABOUT CITY YOUTHS NEED FOR VOLUNTEERS I recently sent a letter to Mayor Masiello regarding the youths of our city. I am also writing to you because I feel you are a good man and will take time to read this letter and think about what I am stating. The letter I wrote to the mayor focused on two obstacles our children, especially on the East Side face. One is the negative view many adults have towards teenagers. The other is the lack of positive adult roll models in our children's lives. My wife and I have become involved with children in our neighborhood over the past few years and have experienced first hand how many adults view teenagers in a negative way. I have seen this in police officers, coaches, staff workers at community centers as well as teachers. Though most adults in these fields do a great job working with youths there are still many who treat teens (especially blacks) in a manner that I feel is appalling. These people need to be reminded that it is their job to protect and guide children not to alienate them. This kind of treatment of our children drives a wedge between adults and the children and is so counterproductive to the work of all the people who try so hard to make a positive impact on our youths. I have met so many great kids in the last few years. They all are so appreciative of the time my wife and I spend with them. When they are given the choice of "hanging out" on the street or doing something constructive and fun they \&411 always pick the latter. Whenever we go hiking, fishing, sledding, etc. there is never an empty seat in my van. In fact, as of late, we need to drive two vehicles and there are always more kids who get left behind. It grieves me to see that all the opportunities I had as a kid I took for granted. Just last month I took a fourteen year old boy sledding for his first time. I couldn't believe it. Good people of our region need to see and hear about how they could make a positive difference in a child's life by just volunteering for a couple hours a week. I am sure there are many who would love to volunteer at any of our cites youth organizations whether it be a community center or a big brother/big sister program. There are many people who volunteer now and are doing such great work but more help is needed. It would be great if the cities elected officials would launch a campaign to promote positive interaction between adults and children and to make everyone aware of how much volunteers are needed in our neighborhood youth organizations. So much good could be done if only everyone would help to make our children feel as important as they are and to make sure they have the choices that you and I had when we were young. Thank you so much for taking the time to read my letter and I am sure you will consider everything I have written about. Page 37 01-0220-ss214.txt RECEIVED AND FILED NO. 81 TIMETABLE REMEDIATION 318 URBAN & 858 E FERRY We have received your resolution in regard to the timetable for remediation of 318 Urban Street and 858 East Ferry Street. The Urban Street site has already been remediated. Contaminated soil, both off -site and on-site, has been removed. The former General Electric building and the sewers along French Street have been remediated. The final closeout report from the General Electric Corporation will be submitted soon to NYS DEC/NYS DOH. The 858 East Ferry Street site has recently been classified as a Class 2 Hazardous Waste Site due to lead contamination. The NYS DEC plans to investigate the adjacent property this spring. DEC plans to have the Investigation Report completed by the end of the year. Please note that the NYS DEC/NYS DOH has repeatedly asked the city to fence the 853 East Ferry site in order to prevent trespassing and exposure to the contaminated waste material. To date, this has not been done. Should you have any questions, please don't hesitate to call Mr. Cameron O'Connor at 847-4385. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 82 ICE/ SNOW CONTROL I read with great interest your proposal to furnish snow blowers to the block clubs in Buffalo, to assist the city in clearing sidewalks. While this has great merit, there are many issues that must be addressed, the foremost being the serious question of liability, followed by the preparation and implementation of a plan. I have almost thirty (30) years experience in snow and ice control, and make myself available to assist you in this endeavor. Whatever I contribute to your efforts is being done as a public service, there is no charge for my services. I am usually available on short notice, to meet with you if you wish, to discuss your proposal in greater detail Respectfully, REFERRED TO THE TASK FORCE ON SNOW REMOVAL NO. 83 LETTER OF COMPLAINT RE CIDENT AT BROADWAY MARKET ON February 2, 2001 at approximately 3:00 pm this writer was in the Broadway market to purchase some items. I attempted to purchase some meat at Wardynski's Counter in the market. I asked the clerk how much the meat was per pound that I intended to purchase. He told me. I then stated that I only wanted the smaller cuts. He said "we sell them by the tray. The trays were not sealed. I then asked "You do sell them by the pound?" Without even answering me he began to take the meat from the other two trays to accommodate me. There were still some larger pieces and some funny cut pieces underneath and out of view. I asked him to take those off as well as the larger pieces. I was not nasty, demanding or loud. I was just a potential customer who wanted exactly what I was about to pay for. Jason, as he later told me his name, had apparently became quite upset with me and the job he was hired to do if] the first place. He flung the meat in a plastic bag and threw it on the scale. Before he could tell me how much it was I simply said "never mind I don't want it if you got to be slamming it around." He began to say he was trying to help me. Before I could answer another man intervened and said " get away from here he tried to help you and you were giving him a hard time." I told him that I wasn't talking to him, that he had nothing to do with this. He continued Page 38 01-0220-ss214.txt to defend the clerk, and added, "I am the owner." I told him that I didn't care if he was the owner; I was a customer who was treated badly. He again said that I was giving the clerk a hard time. Again I said I wasn't. He just get out of here "vamoose, go buy somewhere else". I said I will and I am going to report this. He said. " Go ahead, report to social services, just get out of here." I asked the clerk for his name. At that time he said, " I just work here." As I began to write the name of the business from the sign. The man who said he was the owner said in a sarcastic tone, "the name is right up there, can you spell it?" I didn't answer him the way he wanted me to. t just replied that I already had that. I wanted the clerk's name. He (the owner) then said, " My name is David Wardynski." Once again he told me to " get on out of here." Then Jason gave his first and last name. I did not write it down. At this point I thought it best to move away from the counter before they tried to lie and call the police and say I was causing a disturbance. We all know that story. As I stepped away an elderly black gentleman said to me that if they don't appreciate your business then I should go somewhere else and spend my money. I wish he would have said it loud enough for them to hear it. In addition to not spending money with disrespectful business people of any color, t believe that the names and locations of businesses and those who work there should be made public when they address or treat us in a disrespectful or abusive manner. I didn't stand there trying to convince those two ugly spirited males that I could read or that I wasn't on social services, that I had just got off work and was only trying to buy some food. So what if I was on social services or couldn't spell. That does not give any one the right to judge or disrespect another. I refuse to support or keep quiet about those who continue to blatantly display this supreme/superior type attitude while wanting to take our money at the same time. Chickens always come home to roost. They may shut up and go away for a while. By now we all as black people should have developed a zero tolerance for the type of unfounded treatment by those two individuals and others like them. Those of you who will or do shop at Wardynskis, after reading this report, I ask that you do not, at least not without inquiring about the incident with the black lady/mother/grandmother/minister, on February 2, 2001. It's time to cry loud and spare not. If this report does no more than serve as a reminder that it's NOW time to stop shaking our heads in disbelief and saying what a shame it is the way they do us, then it served its purpose. GOD will pay and repay and avenge us of our adversaries but we need to adopt the courage and tenacity of Harriet Tubman and Martin Luther King and others right here in this city if we are to inherit what GOD has for us. So much for some more of the real black, Black History of Buffalo, NY, 2000, the city of some good neighbors. REFERRED TO THE COMMITTEE ON LEGISLATION, BOARD OF BROADWAY MARKET AND CITIZENS RIGHTS COMMISSION NO. 84 COUNTY OF ERIE D SWARTS CHANGE OF HOUSE NUMBERS - ALTRURIA STREET, BUFFALO, NY I have read your letter of correspondence dated January 24, 2001 addressed to me regarding the aforetitled matter. Normally a change of street number does not affect the legal description of the premises recited in a deed, therefore, a correcting deed should not be necessary. In the event that the affected deeds do contain an address and a correcting deed is required, we will waive the fees for the recording of the correcting deed, TP 584 and the Real Property Transfer Tax report within 120 days of the date of this letter. However, it is required that we receive all of the correcting deeds together with all other required Page 39 01-0220-ss214.txt documents from your to office at one time in one packet with a letter of instruction. Thank you for your anticipated cooperation. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 85 REQ WAIVER 30 DAY NOTIFICATION RULE MANSION ON DELAWARE Attention: Liquor License Issuance Department Please be advised that as the Ellicott District Councilmember, I have been duly notified of the intent to submit the Liquor Application in reference to the Mansion on Delaware Avenue. I have no objection to the review and issuance of the License and will attest that the City of Buffalo Clerk's Office has been properly notified. In addition, I request that the mandatory thirty (30) day notification period be waived on behalf of the applicant. Should you require further information regarding this request, please contact me at (716)851-4980. Thanking you in advance for your consideration in this matter. RECEIVED AND FILED NO. 86 E. WILSON CONCERNS GANG MEMBER HARRASSMENT Attached letter available in City Clerk's Office REFERRED TO COMMITTEE ON EDUCATION AND BOARD OF EDUCATION NO. 87 REQ MODIFICATION TAXI/LIVERY CODE I am writing this letter t vou to make a modification to the taxi and livery code 437-6, Item 3 and 5. "A livery shall not have a dome light or other lights located on the roof of the vehicle". Item #5 -"A taxicab or livery may have advertising billboards, place cards or similar devices, no larger that eighteen inches high by four feet long ( 181' x 4") attached securely to the roof or trunk of the vehicle. The advertising displayed upon livery vehicles shall not include the words taxi or taxicab. I am requesting the size to be modified to eighteen inches high by four feet six inches (18" x 4'6") to meet national advertising as in other cities like New York, Houston. San Diego, etc. This is a standard size. The "other- lights" removed from Item 43 to not include "advertising signs". There are presently two companies In Buffalo that have contracted with the largest advertising company in the US. It took a long time for them to even look at Buffalo as a market to promote these services. Presently, we are advertising in promoting jobs. There will be also advertising for hotels, restaurants, theatres, malls and casinos, etc. With the lighted signs, riders will be able to get in and out of the car seeing where they are going. Divers will see the customer, which will defer robbery attempts. These are only a few good reasons, but there are many more. With these simple modifications, we can get the ground transportation in Buffalo to an up to date status as in other cities of our nation, REFERRED TO THE COMMITTEE ON TAXI CAB & LIVERY AD HOC COMMISSION PETITIONS NO. 88 REFERRED TO THE COMMITTEE ON CIVIL SERVICE HAYDEN, AGENT USE 471 E FERRY FOR AN ILLUMINATED POLE SIGN HRG 02/27/01 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING Page 40 01-0220-ss214.txt AND THE CORPORATION COUNSEL NO. 89 D CALDERELLI & OTHERS OBJECT TO RELOCATINGCTS ROCK CRUSHING FACILITY REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 90 APPOINTMENT ASSESSOR (INTER) (ASSESS.) (ITEM NO. 22-C.C.P. FEB. 6, 200 1) That Communication 22, Feb. 6, 2001 be received and filed and the permanent appointment of Maria-Garozzo-Payne stated above at the intermediate salary of $43,350 effective on January 29, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 91 APPOINTMENT REAL PROPERTY APPRAISER (INTER) (ASSESS.) (ITEM NO. 23-C.C.P. FEB. 6, 200 1) That Communication 23, Feb. 6, 2001 be received and filed and the provisional appointment of Eric D. Hemdon stated above at the intermediate salary of $38,385 effective on January 29, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 92 APPOINTMENT SR. ASSESSOR (MAX) (ASSESS.) (ITEM NO. 24-C.C.P. FEB. 6, 200 1) That Communication 24, Feb. 6, 2001 be received and filed and the permanent appointment of Phillip Kozerski stated above at the maximum salary of $48,733 effective on January 29, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 93 APPOINTMENT SR. FIRST CLASS STAT. ENGR. (MAX) (PW) (ITEM NO. 39-C.C.P. FEB. 6, 200 1) That Communication 39, Feb. 6, 2001 be received and filed and the permanent appointment of David A. Fatig stated above at the maximum salary of $33,224 effective on January 22, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 94 APPOINTMENT WATER METER MECHANIC (MAX) (PW) (ITEM NO. 40-C. C. P. FEB. 6, 200 1) That Communication 40, Feb. 6, 2001 be received and filed and the temporary appointment of Frank Mangione, III stated above at the maximum salary of $31,589 effective on January 22, 2001 is hereby approved. PASSED Page 41 01-0220-ss214.txt AYES -13 NOES - 0 NO. 95 Appointment Chief Combustion Inspector (Max) (Permits) (Item No. 5 O-C.C.P. Feb. 6, 200 1) That Communication 50, Feb. 6, 2001 be received and filed and the permanent appointment of Timothy Keenan stated above at the maximum salary of $43,650 effective on January 29, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 NO.96 Collective Bargaining Agreement - International Union of Operating Engineers, Local 17S (Item No. 54, C. C. P., Feb. 6, 200 1) That the Contract Settlement Agreement between the City of Buffalo and the international Union of Operating Engineers, Local 17S, for the period July 1, 1998 through June 30, 2002; effective December 27, 2000, be and hereby is approved and ratified. Passed. AYES - 13 - NOES - 0 NO. 97 Notices of Appts. -Temp. /Prov. /Perm. (CC) (CCP#66-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 98 2001-02 Recommended Budget - Dunn Tire Park Enterprise Fund (Item No. 1, C. C. P., Feb. 6, 200 1) That the Common Council approve the budget for Dunn Tire Park's 2001-02 fiscal year which runs from April I through March 31, 2002. Passed AYES - 13 - NOES - 0 NO. 99 Concerns-Publication-Public 14rgs. On Ord., Loc. Laws, Sal. Ord., etc. (C.Clk.) (CCP#78-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 RESULTS OF NEGOTIATIONS - 369 PECKHAM STREET (ITEM NO. 15 CCP JAN. 23, 2001 That the offer from Mrs. Annette Juncewicz, residing at 615 Fillmore Ave, in the sum of Eight Hundred Dollars ($800.00) for the sale of 369 Peckham St, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES - 13 - NOES - 0 No. 101 Results of Negotiations - 212 Wyoming Street Page 42 01-0220-ss214.txt (Item No. 21, C.C.P., Oct. 31, 2000) (Item No. 129, C.C.P., Dec. 12, 2000) (Item No. 93, C. C.P., Dec. 26, 2000) (Item No. 138, C.C.P., Jan. 23, 2001) Mrs. Grant Moved: That the above item be and the same hereby is received and filed. ADOPTED NO. 102 Sale of Property-212 Wyoming Avenue (CCP4193-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 Change in Contract - Kleinhans Music Hall Restoration (Item No. 26, C. C.P., Feb. 6, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. ADOPTED NO. 104 Renew Lease - Wayne D. Robbins - (Use of Comer Broadway and Fillmore) (Item No. 9, C. C.P., Jan. 23, 200 1) That the Coordinator of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Mr. Wayne D. Robbins, owner of Bet-All Numbers and News, 721 Fillmore Avenue, for use of newsstand at the comer of Broadway and Fillmore Avenue, for an additional five (5) year period to commence on March 1, 2001 and expire February 28, 2006, for the rental fee of One Thousand Six Hundred and Eight Dollars and Eleven Cents ($1,608. 11) and will increase at a rate of 5% per annum upon renewal and all other terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED. AYES - 13 - NOES - 0 No. 105 Renew Lease - Lamar Outdoor Advertising for Various Billboards (Item No. 8, C.C.P., Jan. 23, 2001) (Item No. 122, C. C.P., Feb. 6, 200 1) That the Coordinator of Strategic Planning be, and he hereby is authorized to enter into a lease between the City and Lamar Outdoor Advertising, for use of various city owned properties for the erection of billboard advertising, for a three (3) year period, commencing on November 1, 1999 and expiring on October 31, 2002, for the rental cost for $865 to $900 per poster face for 16-12'x25' billboards and increase from $2, 101 to $2,500 for one bulletin face 14'x48' for a total of Sixteen Thousand Nine Hundred Dollars ($16,900.00) per year, under the same terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 13 - NOES - 0 No. 106 City Purchase of Snowmobiles (CCP#185-Dec. 12, 00) That the above item be and the same hereby is referred to the Page 43 01-0220-ss214.txt Committee on Budget. ADOPTED No. 107 City Purchase of Snowmobiles (PW) (CCP#24-Dec. 26, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 108 City Purchase of Snowmobiles (Fire) (CCP#38-Dec. 26, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 109 City Purchase of Snowmobiles (PW) (CCP#48-Jan. 23, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 110 M. Coppola-Cost of Snowmobiles (CCP#90-Jan. 23, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 111 City Depts.-Use of City of Buffalo Systems (Mgmt. Inf) (CCP#14-Sept. 5, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 112 Problems with MUNIS System (Pol.) (CCP#55-Sept. 5, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 113 MUNIS Concerns (A&F) (CCP#73-Sept. 5, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 114 MUNIS Concerns (Compt.) (CCP#30-Sept. 19, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED No. 115 MUNIS (CCP#147-Oct. 17, 00) That the above item be and the same hereby is referred to the Page 44 01-0220-ss214.txt Committee on Budget. ADOPTED No. 116 Supp. Wage Withholding Rates (Compt.) (CCP#33-Oct. 31, 00) That the above item be and the same hereby is referred to the Committee on Budget, ADOPTED No. 117 "Munis"- Supplemental Wages Withholding Rates (Bd. Ed.) (CCP#65-Nov. 14, 00) That the above item be and the same hereby is referred to the Committee on Budget- ADOPTED No. 118 Funding for Glenny Park House Project (Compt.) (CCP#27-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 119 Funding for Glenny Park House Project (# 63,11/28) (CCP# 103 -Dec. 26, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 120 Funds for New Jubilee Center (Compt.) (CCP#21 -Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 121 Water Svs.-75 Woodlawn (PW) (431,12/26) (CCP#153-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 122 Water Svs./Billings-75, 77, 79 & 81 Woodlawn (CP) (CCP#37-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 123 PROPOSED LANDMARK DESIGNATION-"NASH HOME"-36 NASH ST. (ITEM NO. 5-C.C.P., FEB. 6, 2001) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - George K. Arthur, Mr. Cottrell, Mr. Dorsey and John Gardner, Attory. Page 45 01-0220-ss214.txt Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. Proposed Landmark Designation - 36 Nash Street (Item No. 5, C. C.P., Feb. 6, 200 1) That after public hearings by the Buffalo Preservation Board and the Common Council, the Common Council does hereby adopt the findings of the Buffalo Preservation Board and does hereby designate 36 Nash Street, the "Nash Home" a local historic landmark. Passed. AYES - 13 - NOES - 0 No. 124 P. Lamparelli, Petition to use I 10 Hopkins - Building Addition (Item No. 95, C. C.P., Feb. 6, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That after the public hearing before the Committee on Legislation on February 13, 200 1, the petition of P. Lamparelli, agent, for permission to use I 10 Hopkins for a building addition be, and hereby is approved, subject to site plan approval. Passed. AYES - 13 - NOES - 0 No. 125 Address Changes on Altruria and Willink Streets (Item No. 112, C. C. P., Jan. 9, 200 1) That after a public hearing held on January 18, 2001 at the Moose Lodge located at 2019 South Park (comer Altruria); and That after a public hearing, the Council finds it is in the best interest of the City to change some of the street numbers on Altruria and Willink Streets, the City Engineer is hereby authorized to provide new numbers to the affected residents of Altruria and Willink Streets. PASSED AYES - 13 - NOES - 0 NO. 126 V. Laudisio-U.S. Postal Svs.-Address Changes-Alturia & Willink Sts. (CCP#104-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 Appt.-Dept. Comm.-PW, Pks. & Sts. (PW) (CCP#37-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 Appt.-Asst. Dept. Comm.-PW, Pks. & Sts. (PW) (CCP#38-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 Amendment Traffic Ord. - Remove Free Parking Disabled (Item No. 33, C.C.P., Oct. 3, 2000) (Item No. 13 8, C.C.P., Dec. 12, 2000) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 130 Page 46 01-0220-ss214.txt Busti Avenue; Peace Bridge Authority - Gate Encroachment (Item No. 3 0, C. C. P., Feb. 6, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Mark D. Molnar, P.E., of Wendel Duchscherer Engineers, acting as agent for the Buffalo and Fort Erie Public Bridge Authority ("PBA"), to install a double leaf "Tilt-a-Way" type gate, which would encroach city right-of-way at the Busti Avenue entrance to the U.S. Plaza, subject to the following conditions: I .That the PBA obtain any and all other City of Buffalo permits necessary for said installation. 2. That the gate enclosures, gate and bollards in City right-of-way are installed exactly as shown on plans submitted to the City Engineer and the building plans are approved by the Department of Permits 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 or damage arising out of the construction, maintenance, use and removal of said encroachments. 5. That the brick must be a consistent color. 6. That the PBA must consult with Parks for the appropriate plantings around the encroachment. Passed. AYES - 13 - NOES - 0 NO. 131 Used Car Dealer - 270 Abbott (Item No. 47, C. C.P., Feb. 6, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Brenda White, d/b/a Brenda White, located at 270 Abbott. PASSED. AYES - 13 - NOES - 0 NO. 132 Used Car Dealer License - 2292 Bailey Avenue (Item No. 74, C.C.P., Jan. 23, 2001) (Item No. 154, C.C.P., Feb. 6, 2001) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 133 Used Car Dealer - 220 Broadway (Item No. 3 5, C. C. P., Nov. 2 8, 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 Used Car Dealer license to Michael Endres, d/b/a Mohawk Truck Inc., located at 220 Broadway. Passed. AYES - 13 - NOES - 0 NO. 134 Used Car Dealer License - 123 5 Fillmore Avenue (Item No. 50, C.C.P., Dec. 26, 2000) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. Page 47 01-0220-ss214.txt NO. 135 Used Car Dealer License - 2290 Fillmore Avenue Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 136 Restaurant Dancing Class IV - 274 Delaware Avenue (Item No. 73, C. C. P., Jan. 23, 200 1) That pursuant to Chapter 150 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Richard Shiesley, d/b/a Underground located at 274 Delaware Avenue. Passed. AYES - 13 - NOES - 0 Community Development (Beverly A. Gray, Chairperson) NO. 137 2001-02 Recommended Community Development Block Grant Budget (Item No. 2, C.C.P., Jan. 23, 2001) Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 138 BEDC Programs - 26th Year Community Development Block Grant Allocations (Item No. 14, C. C. P., Feb. 6, 200 1) That the above item be the same and hereby is received and filed. ADOPTED NO. 139 Buffalo Economic Renaissance Corporation - 2000-01 Budget (Item No. 55, C.C.P., Oct. 3, 2000) (Item No. 10 1, C. C. P., Jan. 9, 200 1) That the above item be the same and is hereby received and filed. ADOPTED NO. 140 BLTRA Checklist-Funding Agreement-Bflo. Urban League (CP) (CCP#15-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 COB Down Pymt/Closing Cost Assistance Program (CP) (CCP#16-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 Creat. Emerg. Asst. Small Bus. Dev. -Bus. Loan Prog. (BERC) (#78, 4/18) (CCP#161-Oct. 3, 00) Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 143 Transfer of Title, Urban Homestead - 44 Box Avenue Mrs. Gray moved that the above item be recommitted to the Page 48 01-0220-ss214.txt Committee on Community Development. ADOPTED NO. 144 Transfer of Title, Urban Homestead - 503 Fillmore Avenue (Item No. 17, C. C.P., Jan. 23, 200 1) Mrs. Gray moved that the above item be recommited to the Committee on Community Development ADOPTED NO. 145 TRANSFER OF TITLE, URBAN HOMESTEAD - 166 KOSCIUSZKO STREET (ITEM NO. 17, C.C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned property commonly known as 166 Kosciuszko Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Josephine Golata, residing at 162 Kosciuszko Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and. maintained in a sanitary manner. Passed. AYES-13. NOES-0. NO. 146 TRANSFER OF TITLE, URBAN HOMESTEAD - 290 LATHROP STREET (ITEM NO. 18, C. C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned property commonly known as 290 Lathrop Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Donnie Gidney, residing at 288 Lathrop Street, in the amount of $ 1. 00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sar6tary manner. PASSED. AYES-13. NOES-0. NO. 147 TRANSFER OF TITLE, URBAN HOMESTEAD - 1399 MICHIGAN AVENUE (ITEM NO. 23, C.C.P., SEP. 19, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 148 TRANSFER OF TITLE, URBAN HOMESTEAD - 253 SWEET AVENUE (ITEM NO. 20, C.C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED Page 49 01-0220-ss214.txt NO. 149 TRANSFER OF TITLE, URBAN HOMESTEAD - 322 SWEET AVENUE (ITEM NO. 18, C.C.P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 150 TRANSFER OF TITLE, URBAN HOMESTEAD - 389 SWEET AVENUE (ITEM NO. 24, C.C.P., OCT. 31, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 151 E. AWAD-HENNEPIN PARK YOCS PROJECT (CCP#50-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 R. FONTANA-EX. -LETTER SIGNED BY RESIDENTS-HENNEPIN PK. COMM. CTR. (CCP#57-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 R. FONTANA- LETTERS FROM RESIDENTS-HENNEPIN PK. COMM. CTR. (CCP#58-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 R. FONTANA- LETTER FROM IRON ISLAND TO RESIDENTS- HENNEPIN PK. COMM. CTR. (CCP#59-JAN. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 B, GRAY, L. DUVALL, IRON ISLAND, REQ. 1146-1150 LOVEJOY-BUS. EXP. (CCP#34-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 B. GRAY, L. DUVALL, IRON ISLAND, REQ. 1146-1150 LOVEJOY-BUS. EXP. (#68, 10/3) (CCP#165-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 B. GRAY, L. DUVALL, IRON ISLAND, REQ. 1146-1150 Page 50 01-0220-ss214.txt LOVEJOY-BUS. EXP. (PW) (CCP#42-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 M. HASTREITER-$1,767,717-DUE IRON ISLAND & LOVEJOY NEIGH. & REL. INVOICES (CCP#98-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 B. BROWN-R. CUMMINGS & O-OPP. CONV.-MLK JR. WADING POOL-FISH PND. (CCP#103-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 B. GRAY, M. BOYD & O-OPP. CONVERSION OF MLK JR. PARK TO FISHING POND (CCP#82-OCT. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 161 N. ANDERSON-COMPLAINT-LANGUAGE-BUS DRIVER-HILL. PK. #916 (BD. ED.) (CCP#59-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 J. DOHERTY-N. ANDERSON-COMPLAINT LANGUAGE-HILL. PK. BUS #916 (CCP#69-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES MINORITY BUSINESS ENTERPRISE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 163 UTILIZATION ANALYSIS RPT. (BSA) (CCP#42-NOV. 28, 00) That the above item be and the same hereby is received and filed, ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 164 COLLECTION AGENCY PARKING AND ADMINISTRATIVE ADJUDICATION FINES (ITEM NO. 51, C C.P., FEB. 6, 2001) That the Division of Administrative Adjudication be, and hereby is authorized to enter into a contract with Mercantile Adjustment Bureau as a collection agency for past due parking violations and administrative adjudication fines and report back to the Common Council with the contract terms and the final contract for approval. Page 51 01-0220-ss214.txt Passed AYES-13. NOES-0. FROM THE COMMITTEE OF THE WHOLE Mrs. LoTempio made a motion to reconvene into the Committee of the Whole. Seconded by Mrs. Martino CARRIED NO. 165 BY: MR. PITTS HICKORY WOODS STATUS WHEREAS: On February 8, 2001 the Common Council conducted a second public hearing to discuss the status of Hickory Woods, and WHEREAS: The Hickory Woods Homeowners Association and renters expressed very serious concerns about their health, loss of property value and continued toxic contaminated conditions in the soil, and WHEREAS: After limited sampling prior to October, 1999, various New York State Agencies concluded that there was no immediate risks to the residents of Hickory Woods. The Homeowner's Association questioned these findings requesting more extensive site testing; and WHEREAS: As a result of a previous Common Council public hearing, the activism of the Homeowner's Association and extensive media attention, the New York State Agencies and the Environmental Protection Agency agreed to coordinate additional testing in the area in the year 2000. This entailed over 1,100 soil samples and a more comprehensive health survey; and WHEREAS: The results of the soil samples have raised additional questions as a result of independent sampling sponsored by the Homeowners. The results of the second health survey are unknown; and WHEREAS: At the Common Council's February 8, 2001 public hearing the New York State Department of Health advised the Common Council that the results of the second health survey will be presented in several months; and WHEREAS: Pending the health survey report, and given the continued controversy swirling with Hickory Woods, the Common Council has concluded through its hearings that all available resources to the residents of Hickory Woods be provided to resolve their concerns. This would involve developing a plan to provide comprehensive remediation, relocation and redevelopment; and WHEREAS: The most viable way for accomplishing this goal is for the City of Buffalo and the Buffalo Urban Renewal Agency to utilize its urban renewal authority to facilitate the revitalization of the area. This would include utilizing standard urban renewal procedures for the remediation of contamination, purchase and reinvestment of certain properties and providing choice for residents who desire to relocate; and WHEREAS: The utilization of the urban renewal process will provide an opportunity to develop a sound planning strategy to resolve the environmental, development and quality of life issues at Hickory Woods. NOW, THEREFORE BE IT RESOLVED: That the Common Council requests the Corporation Counsel, Buffalo Urban Renewal Agency, and the Department of Strategic Planning to begin developing an urban renewal plan for the Hickory Woods area; and BE IT FURTHER RESOLVED: That a Hickory Woods Redevelopment Corporation be established in conjunction with the residents of Hickory Woods to oversee the development and implementation of the plan. ADOPTED. Page 52 01-0220-ss214.txt Speakers Rick Ammerman President Homeowners Association Russell Rider Samuel Herbert Mrs. LoTempio made a motion to reconvene into the Common Council. Seconded by Mr. Fontana Carried RESOLUTIONS NO. 166 BY: MR. COPPOLA SUSPENSION OF ORDINANCE FOR 147 SUMMIT STREET Whereas: On January 17, 2001 a meeting was held to discuss the particulars of the project at 147 Summit Street; and Whereas: Present at this meeting were Mr. William Hovey, R.A. (project architect) and Chief Robert Stasio of the City of Buffalo's Fire Prevention Bureau who concluded that the Department of Permit & Inspection Services would support approval of a suspension of ordinance (section 103-31 Height and Occupancy on Frame Dwellings) to allow the project to move forward with the stipulation that the following conditions be met: 1.) Provide two hour fire separation between the existing house and the new addition; 2.) New addition to be of type 5a construction; 3.) Provide residential sprinklers in new addition and extend coverage into existing stair; 4.) Provide a hard-wired fire and smoke detection system throughout both the existing house and new addition; 5.) Exterior wall of new addition to have3/4hour fire rating with non-combustible siding where distance to interior lot line is less than 5 feet; 6.) Provide automatic smoke vent at top of new dedicated exit stair in new addition; 7.) Property must comply with all current codes in all other respects; and Whereas: Suspension of this ordinance will allow Mr. And Mrs. Steven Roney to build a wood frame addition to their existing single family dwelling; Now therefore be it resolved: That the Common Council, on behalf of the City of Buffalo approve the suspension of City Ordinance, Section 103-31 ("Height and Occupancy on Frame Dwellings") provided that the above listed conditions are enforced. REFERRED TO COMMITTEE ON LEGISLATION, COMMISSIONER OF PERMITS & INSPECTIONS, AND CORPORATION COUNCIL NO. 167 BY: MR. COPPOLA RELOCATE NBA FRANCHISE TO BUFFALO Whereas: Buffalo has long been considered one of the best sports towns in America. The Bills of the NFL and Sabres of the NHL regularly play before capacity crowds. The City of Buffalo also has the Bisons, the Triple A affiliate of the Cleveland Indians, who have led the minor leagues in attendance since 1988, while drawingover I million fans for several seasons; Whereas: The Vancouver Grizzlies were recently given permission by the NBA to explore moving to another city next season; and Whereas: The reestablishment of an NBA team in Buffalo would be justice to a City that lost its franchise dubiously in 1978 shortly after Buffalo Braves owner John Y. Brown swapped teams with Ira Levin for the Boston Celtics. Levin was then allowed to move the Braves to San Diego despite excellent support from Buffalo fans Page 53 01-0220-ss214.txt during a difficult period in NBA history; and Whereas: Buffalonians have remained staunch basketball fans as evidenced in March 2000 when the NCAA East Regionals sold out the HSBC Arena in record time. The NCAA was so impressed with the fan support in Buffalo, that they recently announced the NCAA Tournament would be returning to Buffalo in 2004; and Whereas: The Buffalo area has a population of over 4.014 million people who reside within 130 miles of the downtown area, making Buffalo the 26 1h largest market in the United States and one of the largest without an NBA franchise; and Whereas: The City of Buffalo is currently experiencing a renaissance as new developments, including the Inner Harbor Project, high-tech companies relocating and expanding in the area, and the development of the new Adelphia headquarters building in downtown Buffalo, have created a positive synergy for the region; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo fully supports the relocation of the Vancouver Grizzlies franchise to Buffalo, New York, and extends an invitation to the ownership of the Grizzlies, as well as NBA Commissioner David Stem, to visit Buffalo to discuss the possibility of returning an NBA franchise to Western New York; and Be It Further Resolved: That the City Clerk be directed to send copies of this resolution to NBA Commissioner David Stem, and Vancouver Grizzlies owner Michael Heisley. ADOPTED By: Richard Fontana NO. 168 Sudden Closing of Empire Brewing Company Whereas: In the early fall of 1998, Empire Brewing Company, located at 623 Main Street, signed a ten year lease with the City of Buffalo; and Whereas: On February 18, 2001, the Buffalo Economic Renaissance Corporation Senior Executive Vice President, Peter Cammarata, learned that Empire Brewing Company had unexpectedly ceased their operations and were loading items from the restaurant into a rented truck; and Whereas: This unexpectedly closing leaves questions with City of Buffalo Officials about the status of the monies owed by Empire Brewing Company to repay their loans and the status of their now-broken lease; and Whereas: According to reports in the Buffalo News, Empire Brewing Company struggled during November and December, in part due to the poor weather and the owners, reportedly, were not hopeful for the restaurant's future in Buffalo. The closing effects approximately forty employees of the restaurant; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the Buffalo Economic Renaissance Corporation file a report with this Honorable Body detailing the full amount of money owed by Empire Brewing Company and the plans for recovering the amount due; and Be It Further Resolved: That the Buffalo Economic Renaissance Corporation file this report and all other pertinent papers associated with the business dealings of Empire Brewing Company to this Common Council no later than 2:00pm, Thursday, March 1, 2001. Additional Resolve: That the BERC include in the report the proposed reuse of the vacated sit for future private Sector business redevelopment to include financial figures to market and relocate a potential business to the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL AND THE Page 54 01-0220-ss214.txt BUFFALO ECONOMIC ENTERPRISE COMMISSION NO. 169 BY: MR. GOLOMBEK MEMORIALIZE THE NEW YORK STATE LEGISLATURE TO ADD COMPANION PETS TO NEW YORK STATE AGRICULTURE AND MARKETS LAW ARTICLE 7, SECTION 10:9 DEFINITION OF DOMESTIC ANIMAL. Whereas: The City of Buffalo has witnessed an increase in the number of incidents of unprovoked attacks on individuals and/or their pets by improperly trained and/or inadequately restrained dogs. Whereas: It is consistent that dogs that attack other dogs or cats may subsequently attack humans; and, Whereas: New York State Agriculture and Markets Law Article 7, section 121 'Dangerous Dogs" defines the procedures to protect the citizenry from dogs that attack a person, or attack, chase or worry a domestic animal. Section 108 of Article 7 defines the domestic animals that receive protection from dangerous dogs under section 12 1. Whereas: Companion pets such as dogs and cats are not included within the section 108 definition of domestic animal, therefore dogs that attack other dogs or cats cannot be considered as being 'Dangerous Dogs" under current New York State law. Absent of this consideration the City of Buffalo is without a mechanism to protect its residents from a dog that has attacked a cat, dog or other companion pet; and, Whereas: The State of New York, being the entity with legislative responsibility on this matter must act to adequately provide for the safety of its citizens arid their property by effectively regulating the activity of dogs within its jurisdiction; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo memorializes the New York State Legislature to affect legislation that will give dogs, cats and other companion pets the same consideration as domestic animals under New York State Agriculture and Markets Law Article 7, section 121 "Dangerous Dogs"; and, Be It Further Resolved: That the City Clerk forward certified copies of this resolution to Governor George E. Pataki and all of the members of the Western New York Delegation of the New York State Legislature. ADOPTED NO. 170 BY: Mrs. Grant Transfer of Funds Common Council That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $25,792 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: 10102001 411001 Common Council Legislative Annual Salary $25,792 To: 10106001 411001 Common Council Councilmember#5 Annual Salary $ 4,162 10108001 411001 Common Council Councilmember #7 Annual Salary $17,468 10113001 411001 Common Council Councilmember#112 Annual Salary $4,162 PASSED AYES - 13 - NOES - 0 Page 55 01-0220-ss214.txt NO. 171 By Mrs. Grant Transfer of Funds Common Council That pursuant to section 42 of the Charter and the Certificate of the Mayor and Comptroller submitted to the Common Council, the sum of $47,909 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: FROM: 10104001 411001 Councilmember#3 Annual Salary $9.250 10103001 411001 Councilmember#2 Annual Salary $16,659 10111001 411001 Councilmember#10 Annual Salary $20,000 10109004 458002 Councilmember#8 Meals & Lodging $1,250 10109004 458001 Councilmember#8 Transportation $750 TO: 10102001 412002 Common Council Legislative, Hourly Salary $47,909 PASSED AYES -13 NOES - 0 No. 172 By: Mrs. Grant Increased Appropriation Mayor & Executive That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Office of Strategic Planning -Advertising be and the same hereby is increased in the sum of $13,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 10031030 - 341404 Use of Engineering Plans Fees $13,000 To meet the increased appropriation as set forth below: To: 10309006-454000 - Office of Strategic Planning - Advertising $13,000 PASSED AYES -13 NOES - 0 NO. 173 By: Mrs. Grant Increased Appropriation Department of Police That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Department of Police - Office of the Police Commissioner - Printing & Binding, be and the same hereby is increased in the sum of $16,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10200030 - 364000 - Department of Police General City Revenue - Deposit of Unclaimed Property $16,000 To meet the increased appropriation as set forth below: To: 12000006 - 455000 - Department of Police - Office of the Police Commissioner - Page 56 01-0220-ss214.txt Printing & Binding $16,000 PASSED AYES - 13 - NOES - 0 No. 174 By: Mrs. LoTempio & All Councilmembers Re: Ordinance Amendment Chapter 96 -19 Bonds & Contracts Whereas: On October 3, 1995 this Common Council adopted a Resolution establishing a task force to study the issue of a Living Wage program/legislation in Buffalo; and Whereas: The City of Buffalo has a limited amount of taxpayer resources to expend and even in promising economic times, far too many working Buffalo residents and their families live below or near the poverty level; and Whereas: On July 27, 1999 this Common Council amended Chapter 96 of the Code of the City of Buffalo to include the "Living Wage" amendment, and Whereas: This Section 96-19 shall be known as the "Buffalo Living Wage Ordinance." The purpose of this ordinance is to assure that employees of substantial city contractors and subcontractors provided by the City, earn an hourly wage that is sufficient for a family of three to live at or above the federal poverty level; and Whereas: There is no doubt that there are costs associated with the "living wage" program, the benefits include a workforce with less turnover; increased morale and self esteem among workers; more money flowing into the local economy, a reduction in social service expenditures; and Whereas: Within, this Ordinance, Covered Employee and/or Employee are defined as "a person, employed, either part-time or full-time, including but not limited to: food service employees; janitorial employees; security guards; parking attendants; landscaping employees; clerical employees; waste management employees;" and Whereas: The living wage shall be calculated on an hourly basis and shall be phased in over a period of three years. With health benefits, the Living Wage rate shall be $6.22 (year 2000); $7.15 (year 2001); $8.08 (year 2002). Without health benefits, the Living Wage rate shall be $7.22 (year 2000); $8.15 (year 2001); $9.08 (year 2002) and; Whereas: At the time the original amendment was prepared for approval this Council was advised that all seasonal employees of the City, were receiving a living wage and therefore, they were not included; however, based on the approved Living Wage sliding pay scale, City seasonal employee compensation has fallen behind; and Whereas: Seasonal employees of the City of Buffalo, as such, are not included as 66 covered employees" under the living wage amendment to Section 19 of the Code; and Whereas: Seasonal employees, provide the backbone of the city workforce-, often forgotten for their commitment to service of the City. These workers deserve to be included in the Living Wage amendment; and Whereas: This Chapter 96 - Bonds and Contracts, of the Code of the City of Buffalo should be further amended to include seasonal employees, thereby, providing these seasonal employees with resources sufficient to afford life in the City of Buffalo; and Now, Therefore, Be It Resolved That: This Council be provided with information pertaining to the total number of Seasonal employees hired annually by the City of Buffalo in addition to a projected cost analysis for payment of a living wage for all Seasonal employees; and projected financial impact assessment on the City budget; and Now, Therefore, Be It Further Resolved That: This Common Council requests the Comptroller, the Corporation Counsel, The Commissioner of Administration & Finance and the Civil Service Department to respond to this Resolution by March 15, 2001 Page 57 01-0220-ss214.txt REFERRED TO THE COMMITTEE ON LEGISLATION, COMPTROLLER, COMMISSIONER OF ADMINSTRATION AND FINANCE, CIVIL SERVICE AND CORPORATION COUNCIL By: Mrs. LoTempio & Mr. Thompson No. 175 Re: Extending the 2000-2001 Lighted SchoolHouse Program Whereas: The Division for Youth, located in the Department of Community Services, will continue to conduct the Lighted Schoolhouse Program in 2000-2001; and Whereas Approval of the program must be authorized by the Common Council for each location; and Whereas: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of Buffalo at numerous facilities; and Whereas: The current cost in custodial fees to run the City wide Lighted Schoolhouse Program is $95,000; and Whereas: If the Board of Education were to absorb the custodial fees, this would allow the City of Buffalo the ability to run a year long Lighted School House program which is strongly being requested by our city residents; Now therefore be it resolved: That the Board of Education consider absorbing the $95,000 Lighted School House custodial fees and that a response to this request be filed with the Buffalo Common Council, 1301 City Hall by 2:00 p.m., Thursday, March 1, 2001. REFERRED TO COMMITTEE OF EDUCATION AND BOARD OF EDUCATION By: Councilmember Mary Martino No. 176 SUBJECT: Flood Insurance Meeting Whereas: Property owners who currently hold mortgages or home improvement loans on properties located in the designated flood plains in the South District are required by the Federal Emergency Management Agency (FEMA) to purchase flood insurance policies on their property; and Whereas: This mandatory payment of flood insurance is creating a financial hardship of many of the residents who live in close proximity to the Buffalo River or Cazenovia Creek. In some areas it is contributing to the deterioration of neighborhoods by preventing new development while also deterring the sale of property in the designated flood plain; and Whereas: Councilmember Martino, Senator Charles Schumer, Commissioner Giambra, Department of Public Works; Deputy Commissioner Sniderhan, Disaster Coordinator and the Federal Emergency Management (FEMA) have coordinated efforts on behalf of the residents in the designated flood plains in order to best address the flood insurance issue; and Whereas: Councilmember Martino is requesting a public hearing be held at a location in the South District so that the residents of the designated flood plains can be updated on the efforts and progress being made on their behalf. Property owners will also be given the opportunity to voice their concerns and request information; Now, Therefore, Be It Resolved: That a public hearing be held at a location in the South District to address the flood insurance issue; and Be It Further Resolved: That Councilmember Martino, Senator Schumer, representatives from the City of Buffalo Department of Public Works, Deputy Commissioner Sniderhan, Disaster Coordinator for the City of Buffalo, Representatives from the Federal Emergency Management Agency (FEMA), and Paul Clark, Town of West Sen.-ca Supervisor be in attendance. M. Martino Page 58 01-0220-ss214.txt ADOPT FINAL RESOLVE REMAINDER TO FINANCE COMMITTEE No. 177 By: Councilmember Mary Martino Increased Budget for S. Buffalo NHS Whereas: The South Buffalo Neighborhood Housing Service (NES) is an organization which operates on a limited operating budget; and Whereas: Due to Charter Revision requirements that effect the Division of Community Development, the South Buffalo NHS is required to operate on a budget that has not increased over the past 16 months and was based on the prior year's budget; and Whereas: Due to the significant increase of the heating costs this winter, the South Buffalo NES is faced with increased expenses without the capability of generating revenue that will offset this deficit; and Whereas: The South Buffalo NHS has taken such measures as installing a programmable thermostat in order to conserve energy; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council does hereby request that the Division of Community Development identify funding that will allow for an increase in the operating budget of South Buffalo NHS that is in line with their increased expenses. PASSED AYES -13 NOES - 0 No. 178 By: Mr. Pitts Re: Council Appointments to Community Access Television Advisory Board Whereas: The City of Buffalo recently adopted a local law creating a Community Access Television Advisory Board, which would provide advice and guidance regarding the public access channel and City's municipal telecommunications center; and Whereas: It calls for the establishment of a 7-member panel, with four members appointed by the Common Council for 2-year terms, and three members appointed by the Mayor for 3-year terms; Now, therefore be it resolved: That the Common Council appoint the following individuals to the Community Access Television Advisory Board, pursuant to Article 18 of the Charter: Zeb Syed Information Technology Instructor, Buffalo Academy for the Visual and Performing Arts 140 LaSalle Avenue Buffalo, NY 14214 Scott Turner President/CEO Parkside Computing 348 Newburgh Avenue Buffalo, NY 14215 Andres Garcia Vice President, Community & Government Relations Kaleida Health System 429 W. Delavan Ave. Buffalo, NY 14213 Herb Cadle Director, University of Buffalo Center for Applied Research and Technology (CARIT) 4 10 Parker Avenue Buffalo, NY 14216 ADOPTED Page 59 01-0220-ss214.txt By: Mr. Pitts, Mrs. LoTempio NO. 179 Appointment of Marriage Officer I hereby request that the Common Council appoint Milly Castro as a Marriage Officer pursuant to Chapter 49 of the Laws of New York State (1989) and expiring December 31, 2003, or her leaving the office they now hold. ADOPTED NO. 180 By: Mr. Thompson Additional Recommendations for MWBE participation goals on new school construction and rehabilitation project Whereas: A resolution was filed requesting participation goals for the new school construction and rehabilitation; and Whereas: The Buffalo Public Schools and the Joint School Construction Board has been receptive to these goals; and Whereas: Through further research, additional recommendations are necessary to ensure the establishment of reasonable goals to create economic opportunities for all; and Now, Therefore, Be It Resolved: That this Common Council requests the Buffalo Public Schools and the Joint School Construction Board adopt the following recommendations to help encourage minority and female Business participation goals in the rehabilitation and construction of Buffalo Public Schools. Be It Further Resolved: The following recommendations be adopted An expedited payment plan-to ensure prompt payment within 30 days Contractor loan program- to help ensure that minority and women businesses have the financing to remain competitive when awarding contracts Pre-bid Encourage teaming agreements- between minority and majority firms that will be helpful in developing strategic partnerships for public works and development projects REFERRED TO THE COMMITTEE OF EDUCATION, BOARD OF EDUCATION, JOINT SCHOOL CONSTRUCTION BOARD By: Mr. Thompson No. 181 Assignment of manual street sweeper/cleaner (laborer) Whereas: Business districts throughout the city are significant to district economies; and Whereas: Many business districts have the arduous task of continually cleaning the surrounding areas for proper presentation for customers and to attract potential customers and additional entrepreneurs; and Whereas: The upkeep of business districts by business owners should be complimented by the city; and Whereas: There has been a manual street sweeper/cleaner (laborer) in the Bailey Street business district that has helped to maintain that area; and Whereas: A citywide street sweeping initiative would benefit the City as a whole; Now, Therefore! Be It Resolved: That the Department of Public Works expand its Street Cleaning Program and a manual street sweeper/cleaner (laborer) is assigned to clean business areas in each Council District. REFERRED TO COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 182 By: Mr. Thompson Minority Women Participation Goals for the Buffalo Neighborhood Revitalization Corporation and other City of Buffalo Housing Programs Page 60 01-0220-ss214.txt Whereas: The Buffalo Neighborhood Revitalization Corporation (BNRC) is the premier housing development arm of the City of Buffalo that rehabilitates and constructs housing; and Whereas: Individuals receiving loans for the construction and rehabilitation of new housing from the BNRC have no choice on contractors to whom will be working for them; and Whereas: Information is not relatively available on adopted goals for minority or women business enterprises for City of Buffalo Housing programs and the Buffalo Neighborhood Revitilization Corporation; and Whereas: Establishing reasonable goals for minority/ female workforce hiring and MBE/WBE participation is an important part of insuring optimal maximization of economic benefits; and Whereas: MBE/WBE goals have the potential to spawn new business, and employ more residents and create economic opportunities for many; Now, Therefore, Be It Resolved: That this Common Council requests the Buffalo Neighborhood Revitalization Corporation establish reasonable goals for minority and female workforce hiring and MBE/WBE participation for revitalization and new construction of homes in the City of Buffalo; and Be It Further Resolved: The Goals be set as follows: Minority Hiring-23% Female Hiring- 7% MBE Participation- 25% WBE Participation- 5% Be It Further Resolved That: The hiring goals are to apply to employees working on the projects in question and not to other employees of the contractor; and Be It Further Resolved That: Contractors be required to list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project; and Be It Finally Resolved That: These hiring and participation goals be included in the contract specifications for all projects and sent as an addendum for the projects for which the specifications have already been distributed. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE, THE BUFFALO NEIGHBOR REVITALIZATION COMMITTEE, THE CORPORATION COUNSEL ND THE COMMISSIONER OF STRATEGIC PLANNING No. 183 By: Mr. Thompson Subject: Request for information on Procurement Policy Board Whereas: Section 10-30 of the City Charter calls for the establishment of a Procurement Policy Board; and Whereas: The Procurement Policy Board can play an important role in providing market access around procurement issues for women business enterprises; and Whereas: Many of the procurement functions of the city have been consolidated. The meetings and members of this Board must be well known to ensure that procurement policy is communicated to all people so they can take advantage of the services it offers. Now, Therefore, Be It Resolved: That the Meeting dates, location, chair, and members of the Procurement Policy board be filed with this Common Council by 2:00 PM, Thursday, March 2, 2001 ADOPTED NO. 184 By: Mr. Thompson Status/ Update on the City of Buffalo EEO/Affirmative Action Plan Whereas: City of Buffalo residents, and administration has expressed concerns on the hiring practices of minorities and women by the City of Buffalo; and Whereas: When questions of minority and women hiring practices are expressed, administration does not have the necessary information Page 61 01-0220-ss214.txt to address the issue creating a crisis situation when confronted; and Whereas: A proactive approach to address these concerns must be initiated to address the issues on minority and women hiring practices for the City of Buffalo; and Whereas: The City Charter pg. 66, section 11-8, has listed an Equal Employment Opportunity Coordinator; Now, Therefore, Be It Resolved: That the Department of Human Resources provide this Common Council an update of the City's EEO/Affirmative Action Plan be filed with this Common Council no later than 2PM Thursday, March 2, 2001; and Be It Further Resolved: The Name, location, and job responsibilities, of the Equal Employment Opportunity Coordinator be filed with this Common Council no later than 2PM Thursday, March 2, 2001; and Be It Finally Resolved: That the feasibility of housing the Equal Employment Opportunity Coordinator in the Department of Human Resources for monitoring purposes and accessibility is investigated and the Affirmative Action Task Force be revived. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, CORPORATION COUNCEL AND COMMISSIONER OF HUMAN RESOURCES NO. 185 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1140 - DISASTER PREPAREDNESS OFFICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 21 Department of Fire, 1140 - Disaster Preparedness Office which currently reads: I Assistant Accountant $ 30,922 - $ 35,679 Is hereby amended to read: I Community Grants Coordinator $ 30,218 - $ 34,975 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, CORNELIUS J. KEANE FIRE COMMISSIONER, and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM PASSED AYES - 13 - NOES - 0 NO. 186 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City Of Buffalo, pursuant to Local Law C.C.P. #28 12/26/00, does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments that reads: 03-Executive Department 1509 - Strategic Planning I Coordinator of Strategic Planning, $69,801 Page 62 01-0220-ss214.txt I Deputy Commissioner of Community Development $63,708 (R. Luchey-Toliver, Only) 25 - Human Resources 1053 Employee Resources 25 - Human Resources 1055 Benefits 25 - Human Resources 1057 Employment & Training I Director of Employment & Training $49,643 40 - Public Works, Parks & Streets 1450 Parks Administration I Deputy Commissioner for Parks & Recreation $69,801 50 - Public Works, Parks & Streets 1220 Streets Administrative Services I Deputy Commissioner for Streets $69,801 ls hereby amended to read: 03-Executive Department 1509 - Strategic Planning I Executive Director of Strategic Planning $69,801 25 - Human Resources 1053 Employee Relations 25 - Human Resources 1055 Compensation & Benefits 25 - Human Resources 1057 Personnel I Director of Personnel $49,643 40 - Public Works, Parks & Streets 1450 Parks Administration I Deputy Commissioner of Public Works, Parks & Streets for Parks and Recreation $69,801 50 - Public Works, Parks & Streets 1220 Streets Administrative Services I Deputy Commissioner of Public Works, Parks & Streets for Streets $69,801 55 - Community Services 1307 Substance Abuse I Deputy Commissioner Of Community Services for Substance Abuse $63,708 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the fore-oln, ordinance is necessary. We, ANTHONY M. MASIELLLO, MAYOR, KATHLEEN 01HARA, COMMISSIONER OF HUMAN RESOURCES, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STI&ETS, DONALD 0. ALLEN, COMMISSIONER OF COMMUNITY SERVICES and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES - 13 - NOES - 0 NO. 187 BY: MS MILLER-WILLIIAMS SALARY ORDINANCE AMENDMENT 42 - DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 1422 - RECREATION FACILITIES The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 3-19 of the Charter of the City of Buffalo, relating to 42 -Department of Public Works, Parks & Streets, 1422 - Recreation Facilities Which currently reads: 12 Recreation Instructor $ 27,188 - $ 30,525 4 Community Recreation Aide $ 27,245 - $ 30,102 Is hereby amended to read: 9 Recreation Instructor $ 27,188 - $ 30,525 7 Community Recreation Aide $ 27,245 - $ 30,102 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS and JAMES B. MILROY, DIRECTOR OF Page 63 01-0220-ss214.txt BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM PASSED AYES - 13 - NOES - 0 No. 188 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 Uncrowned Queens (African American women Comm. Bldrs of WNY) By Councilmember Council President Pitts Felicitation for Debbie Harris By Councilmember Pitts, LoTempio Felicitation for Jack and Maureen Fecio By Councilmember Martino Felicitation for Pastor Roderick L. Hennings By Councilmember Pitts, Thompson, Williams, Grant, Ellington, Golombek, Gray, Martino, Fisher, LoTempio, Coppola, Fontana, Bonifacio Felicitation for Delta Sigma Theta Sorority, Inc. By Councilmember Pitts, Thompson, Williams,Grant, Ellington Golombek, Gray, Martino, Fisher, LoTempio, Coppola, Fontana Bonifacio Felicitation for Paul Robeson Theatre at the African American Cultural Center By Councilmember All Council Members In Memoriam for Oscar K. Paris By Councilmember Karen R. Ellington James Pitts ADOPTED. NO. 189 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That tile 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: GARY HALLIWELL TERRI STIRRUP CHARLES L. DAVIS SRCAROL BOALS CARMELA BOTTICELLO ELAINE VANDI NYDIA SAENZ BEVERLY A. MILLER STEVEN J. GOLIS ADOPTED. BY: BARBARA A. WILLIAMS No. 190 Appointments Commissioners of Deeds Required for the Proper Perfomance 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 Page 64 01-0220-ss214.txt filing same with the City KARYN M.CARNEY SALLIE BLERSCH DAVID J. DELVALLE CAROL WILLIAMS DEBORAH E. LONGO MONICA L. DOUGHERTY DEBORAH ZDON JANET M WACIENGA VERNADA DAY SARA J. WOODS BETTY JEAN GRANT ADOPTED UNFINISHED BUSINESS No. 191 Local Law Intro#2 (2001)-Procedures/Adoption-Amending Local Laws/Ordinances (Item No. -C.C.P., Feb. 6, 2001) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Thompson the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mrs. LoTempio Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. PASSED AYES -13 NOES - 0 No. 192 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 27, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, February 27. 2001 following Civil Service Committee on Legislation Tuesday, February 27, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, February 28, 2001 at 10:00 o'clock A.M. Committee on Education Wednesday, February 28, 2001 at 2:00 o'clock P.M. Special Committees Police Reorganization Room 1417 City Hall. Wednesday, February 21, 2001 at 2:00 p.m. in (Public Disclaimer): All meetings are subject to change and cancellation by, the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. ADOPTED No. 193 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:35 pm ADOPTED Page 65 01-0220-ss214.txt SPECIAL SESSION OF FEBRUARY 14, 2001 NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section 30 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated February 14, 200 1, presented to you herewith, I hereby can a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, February 14, 200 1, at 4:00 P.M., for the following purposes: 1. To receive and take appropriate action on items pertaining to: Refunding Bond Resolution $110,000,000 (CCP 2/6/01 Item 205) YOU ARE HEREBY NOTIFIED that, pursuant to Section 3-9 of the Charter of the City of Buffalo, upon the written request of five Council Members, dated February 14, 2001 JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on February 14, 2001 at4:00 p.m. for the following purpose: To take from the table and take appropriate action on a Refunding Bond Resolution - $110,000,000 Bonds (Item No. 205, C.C.P., 2/6/2001) Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONWACIO-KAREN ELLINGTON CHARLEY FISHER IIIRICHARD FONTANA JOSEPH GOLOMBEKBETTY JEAN GRANT BEVERLY GRAYROSEMARIE LOTEMPIO MARY MARTINOANTOME THOMPSON BARBARA MILLER-WILLIAMS hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on Wednesday, February 14, 2001 at 4:0 0 P.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 14 day of February 2001 before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument and they duly and severally acknowledged to me that they executed the same. WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Refunding Bond Resolution $110,000,000 We request that this Special Meeting be held on February 14, 2001 at 4:00 P.M. RECEIVED AND FILED NO. 2 REFUNDING BOND RESOLUTION41 10,000,000-REFUNDING 91,93,94,95,97,98,99 BONDS (NO.205, C.C.P. FEB. 6, 200 1) Page 66 01-0220-ss214.txt Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonafacio CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Gray PASSED AYES-13 NOES- 0 NO. 3 ADOPTION OF REFUNDING BOND RESOLUTION At the request of Comptroller Nanula we prepared a refunding bond resolution in early February which, together with a refunding financial plan prepared at the direction of the Comptroller and with the assistance of the City's financial advisor, was filed with the Common Council in advance of the Council's February 6' meeting. It was our understanding that this resolution was filed with a request for adoption by the Common Council on February 6"', in order to authorize the Comptroller to sell City refunding bonds in the amount of approximately $50,000,000 together with approximately $39,786,000 of capital project bonds (previously authorized by die Council) on February 15'. In Order to provide for the most cost-effective implementation of the City's financing requirements for capital projects, payment of the City's maturing notes, and refinancing of certain City indebtedness in the current low interest rate environment, simultaneous marketing and sale of both the capital project and refunding bond issues is necessary upon authorization by the Common Council. This bond sale is scheduled for tomorrow in order to provide for closing of the bond issue on February 22d and payment of City notes maturing in the amount of $7,000,000 on February 23d. Based on our understanding that the refunding resolution would be adopted at the Council's last meeting, the City's financial advisor and underwriting syndicate have marketed both bond issues for sale tomorrow. In addition, State Comptroller McCall's office has been notified of the scheduled bond sales tomorrow in order to facilitate the requisite approvals from Comptroller McCall. Therefore, in order to preserve the orderly process for marketing of the City's bonds as well as take advantage of current favorable market conditions for refunding bond issues, we urge you to facilitate a meeting of the Common Council today in order to adopt the refunding bond resolution. As is the case with all bond resolutions, the refunding bond resolution must be adopted by an affirmative vote of at least two-thirds of the entire voting strength of the Common Council. If we can be of further assistance in regard to this matter, please do not hesitate to call me. RECEIVED AND FILED NO. 4 ADJOURNMENT At 4:20 pm Mrs. LoTempio moved to Adjourn. Seconded by Mr. Fontana ADOPTED. Page 67