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Home My WebLink About05-1101No.20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 1, 2005 FIRE AND POLICE PENSION OCTOBER 20, 2005 MAYOR Hon. Anthony M. Masiello COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEKJR. - NORTH JEFFERY CONRAD - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana - Members CLAIMS COMMITTEE: Jeffery Conrad Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Jeffery Conrad, Marc A. Coppola, - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members 1-11:2xd /e1 W9161 kh hh111 i94 *� BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 1, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola, Davis , Fontana, Golombek Russell AND Thompson —9 ABSENT -- 0 FROM THE MAYOR NO. 1 CAPITAL BUDGET 2006 RECOMMENDATIONS & 6 -YEAR PLAN" I herby submit my recommendation for a City of Buffalo 2006 Capital Improvement Budget of $48,335,000 for new city projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations forwarded by the Office of the Comptroller and the Citizens' Planning Council (CPC). The new capital projects in my recommended budget are as follows: 1. Improvements to City -Owned Libraries (Crane, E. Clinton, North Park) $ 180,000 2. Improvements to the Historical Society (Under Portico) $ 150,000 3. Improvements to the Museum of Science (Plumbing /Exterior Facade) $ 150,000 4. Reconstruction of Firehouses (Existing) $ 3,000,000 5. Improvements to the Massachusetts Community Center $ 400,000 6. Improvements to the Northwest Buffalo Community Center (Chimney) $ 100,000 7. Improvement's to Marcy Casino (Masonry) $ 140,000 8. Improvements to City -Owned Buildings (Various) $ 1,000,000 9. Rehabilitation of Streets /Curbs /Sidewalks (Citywide) $ 5,000,000 10. Improvements to Peace Bridge Area $ 1,000,000 11. Rehabilitation of StreetslCurbslSidewalks (Homeownership Zone) $ 830,000 12. Improvements to Parks /Playgrounds (Citywide) $ 1,100,000 13. Improvements to MLK Park $ 1,000,000 14. Centennial Pool /4th Street Splash Pad $ 650,000 15. Demolition of Buildings /Structures (Emergency Conditions) $ 2,000,000 16. Tree Trimming & Removal (Citywide) $ 500,000 17. Acquisition of Properties - Genesee Village $ 1,000,000 18. Acquisition /Site Improvements of Properties - Schools (Target Sites) $ 1,000,000 19. Construction of Outer Harbor Trail - Phase I $ 1,250,000 20. Rehabilitation of CN Rail Bridge $ 2,000,000 21. Improvements to the Ellicott Gateway (BNMC) $ 2,375,000 22. Inner harbor Transportation Facility /Parking Ramp $23,500,000 REFERRED TO THE COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 BURA SALARY REIMBURSEMENTS Please accept this Council communication in reference to BURA Salary Reimbursements to the City of Buffalo. BURA provides reimbursement for City employees who work on HOME, HOPWA, ESG and CDBG grant programs. The reimbursement is based on biweekly cost allocation sheets which City employees complete to allocate their time to grant programs (non -City) and to City activity. The time from these sheets is summarized and priced out based on hourly salary rates. The salaries covered include City employees who primarily work on the administration of our BURA managed, federally funded grant programs. When work performed on these grants is documented (such as on the cost allocation sheets), HUD allows us to claim these costs as eligible grant costs, and we reimburse the City accordingly. A little over a year ago we notified the administration that inspector salary reimbursements were being reviewed by HUD. While reviewing the 2004 -2005 HUD CDBG Annual Action Plan, HUD requested BURA to the City for inspector salaries only when connected with targeted code enforcement areas, connected with a targeted loan program. To satisfy this requirement we established procedures to track inspector hours in connection with such a program. It was determined that the City's Hansen software would best satisfy HUD's requirements with the use of handheld computers allowing "real time" reporting of work and time spent on inspection projects. The cost allocation sheet tool was deemed not an acceptable tool to account for the inspector's time by both HUD and BURA based on the lack of confidence in the information being reported. When the reports were received, from the Hansen system, for this past fiscal year, we found that the reports did not show inspection efforts which reached the level of services for which we had budgeted. In fact, we were subsequently informed that the handhelds were not being used as directed and that administrative personnel were imputing much of the information into Hansen. We can only reimburse those hours that meet the requirements established. This is confirmed in a letter that HUD transmitted to me on September 27, 2005 (see attached copy). As HUD states in this letter, any reimbursement to the City in excess of documented costs will be deemed ineligible and subject to repayment from non - federal grant funds. Accordingly, we will not be funding the inspectors at the level budgeted, but rather at the level documented. I am also seriously concerned that the current year will result in the same result of less documented inspection work compared to what was budgeted. Based on the fact that inspector production is less than anticipated, we will also be recommending the reduction of the allocation for inspectors for next year. We have reallocated the unexpected 2004 -05 funds for use in the Michigan Street /Nash House redevelopment and the Artspace project. No excess funds are available at this time. If you have any questions, please feel free to call me at (716)851 -5035 or email me at twanamaker @city- buffalo.com. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF PERMITS AND INSPECTIONS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 3 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE OF 20 WADSWORTH, NORTHWEST CORNER OF DAYS PARK PUBLIC PARKING LOT LOT SIZE: 229 X 56 ASSESSED VALUE LAND: $ 11,000 ITEM NO. 3, C.C.P. 1/25/05 In the above referenced item Your Honorable Body authorized the Office of Strategic Planning, Division of Real Estate, to negotiate the sale of 20 Wadsworth to Mr. Adrien Wesley Brown of 68 Rumson Road, Amherst, New York. Mr. Brown owns the apartment building at 68 Days Park (which is adjacent to the parking lot at 20 Wadsworth) and would like to use this parking lot for off - street parking for his tenants. An independent appraisal of the property was conducted by Joseph Emminger of Emminger, Hyatt, Newton & Pigeon, Inc., 1026 Union Road, Suite 5, Buffalo, New York 14224. He has estimated the value of the property as is to be Fifty -Five Thousand Dollars ($55,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal and recommended a value of Fifty -Five Thousand Dollars ($55,000.00). The results of our negotiations are that Mr. Adrien Wesley Brown has agreed to pay Fifty -Five Thousand Dollars ($55,000.00) for parking lot located at 20 Wadsworth. He has also agreed to pay for the cost of the appraisal, transfer tax and recording fees. The City of Buffalo will not provide a search or survey for the subject property. I am recommending that Your Honorable Body approve the sale of the 20 Wadworth in the amount of Fifty -Five Thousand Dollars ($55,000.00) upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 25, 2005, be received and filed; and That the offer from Mr. Adrien Wesley Brown, residing at 68 Rumson Road, Amherst, in the sum of fifty -five thousand dollars ($55,000.00) for the purchase of 20 Wadsworth, be and hereby is accepted; and That the appraisal, transfer tax and recording fees 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 - 9 NOES -0 NO. 4 RESULTS OF NEGOTIATIONS 2038 FILLMORE, 125' S GESL VACANT PARCEL: 31 X 125' ASSESSED VALUATION: $3,300 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 2038 Fillmore Avenue from Ms. Rosemary Cruell, 45 Wade Avenue, Buffalo, New York 14214. Ms. Cruell owns a two family dwelling at 2036 Fillmore and intends to use this vacant parcel for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from fifty cents (.50) to one dollar ($1.00), per square foot. The results of our negotiations are that Ms. Cruell has agreed and is prepared to pay one thousand nine hundred dollars ($1,900), fifty cents (.50) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 2038 Fillmore to Ms. Cruell for the amount of one thousand nine hundred dollars ($1,900). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 5 CCP ITEM 105 COUNTY RENEGING ON TREE MAINTENANCE ITEM NO. 105, C.C.P.10/18/05 Schneck Tree Removal and Manko Construction Service have a contract under a Public Works agreement to trim and remove trees with monies provided under a bond issue in total amount of $600,000. We have audited payments, approved by Public works officials and have seen no unusual charges at this time. All routine trimmings are provided by schedule and emergencies are designated as such. We will perform a limited scope audit of the contract terms and the assignment sheets for work and report back to the Council with any findings. We will coordinate any efforts with the Commissioner of public Works and the Corporation Counsel Office.as we proceed. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 6 NOTIFICATION SERIAL # 10033 REPEAL NO PARKING ON NORTH OGDEN STREET, EAST SIDE BETWEEN QUEEN STREET AND WILLIAM STREET (LOVEJOY DISTRICT) ITEM NO. 58, C.C.P. 6/14/05 NO 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY ROHIBITED PERIOD North Ogden Street, east side At All times Between Queen Street and William Street This action is being taken in order to provide additional on street parking in the vicinity of the Buffalo Fire Historical Society. NOTIFICATION SERIAL # 10034 INSTALL STOP SIGN IN COMET STREET AT CAMDEN AVENUE (NORTH DISTRICT) STOP SIGNS - 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 atter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON SHALL STOP BEFORE ENTERING Comet Street Camden Street This action is being taken in order to provide better safety at an intersection with a curved roadway and increased traffic flow. RECEIVED AND FILED WAIVE 45 DAYS NO. 7 REPORT OF BIDS DELAWARE PARK CASINO EXTERIOR STAIR RECONSTRUCTION JOB NO. 0542 DELAWARE DISTRICT I advertised for on October 3, 2005 and received the following formal bids for the Delaware Park Casino, Exterior Stair Reconstruction, on October 19, 2005. Base Bid Alt. #1 Wilsandra Construction $21,000.00 $1,610.00 300 Camden, Buffalo, NY Miller Enterprises $22,400.00 $1,850.00 12 Newfield, Buffalo, NY C. Nichter, Inc. $32,700.00 $570.00 30 Wildwood, Lancaster NY Morris Masonry $33,975.00 $3,240.00 40 Appenheimer, Buffalo, NY Patterson Stevens $49,690.00 $2,260.00 400 Sawyer, Tonawanda, NY C. H. Byron Co. $74,000.00 No Bid 465 Creekside, Amherst, NY Alternate #1 is to provide and install a handrail. At this time, we are not proceeding with this alternate work. I hereby certify that the foregoing is a true and correct statement of all bids received and that Wilsandra Construction, with a base bid in the amount of Twenty One Thousand and 00/100 Dollars ($96,000.00), is the lowest responsible bidder in accordance with the plans and specifications. 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. Funds for this project are available in 38400106 445100 - Buildings. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 19, 2005, 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 Delaware Park Casino, Exterior Stair Reconstruction, to Wilsandra Construction, the lowest responsible bidder, in the amount of $21,000.00. Funds for the project are available in 38400106 445100 - Buildings. PASSED AYES - 9 NOES -0 NO. 8 CREATION OF A CITY VALET PARKING ZONE ITEM NO. 105, C.C.P. 10/04/05 The referenced item was sent to this office for comment. This department supports efforts to regulate valet parking zones. We see our involvement as reviewing applications for permits to see if vehicles and their occupants can be safely discharged at the proposed valet locations. We would work closely with the Director of Parking Violations to administer any ordinances approved by the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF PARKING ENFORCEMENT NO. 9 CHANGE IN CONTRACT MAIN MERCER FIRE STATION EXPANSION & RECONSTRUCTION JOB #0422 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction, Plumbing Work, W. C. Roberson Plumbing & Construction Corp., C #92010966. 1. Provide and install new kitchen sink and refrigerator water line. Add $ 601.40 2. Repipe water lines in shower room 107 and provide and install new H &C Add $2,264.83 water lines and drain line for relocated kitchen sin. 3. Provide and install 2" water meter Add $ 314.10 The foregoing change results in a net increase in the contract of Three Thousand One Hundred Eighty and 33/100 Dollars ($3,180.33). Current Contract Amount $92,731.26 Amount of This Change Order ( #2) $ 3,180.33 Revised Contract Amount $95,911.59 Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062206 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. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 27, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $3,180.33, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, C #92010966. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 10 CHANGE IN CONTRACT MAIN MERCER FIRE STATION EXPANSION & RECONSTRUCTION JOB #0422 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction, Mechanical Work, Parise Mechanical, Inc., C #92010967. 1. Connect 1 supply and 4 exhaust diffusers /registers with hard duct connections in lieu of specified flex connections. Add $ 816.00 2. Credit to use an alternate vehicle exhaust suppliers. Deduct $ 3,219.00 The foregoing change results in a net decrease in the contract of Two Thousand Four Hundred Three and 00/100 Dollars (- $2,403.00). Current Contract Amount $102,115.00 Amount of This Change Order ( #2) $ 2,403.00 Revised Contract Amount $ 99,712.00 Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062206 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. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 20, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Praise Mechanical, Inc., a decrease in the amount of $2,403.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, C #92010967. Funds for this project are to be credited to 30062206 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 11 CHANGE IN CONTRACT MAIN MERCER FIRE STATION EXPANSION & RECONSTRUCTION JOB #0422 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction, Electrical Work, Industrial Power & Lighting, C #92010965. 1. Delete traffic signal control. Deduct $ 420.98 2. Relocate two 4" phone conduits to the new location of the existing manhole. Add $3,116.41 The foregoing change results in a net increase in the contract of Two Thousand Six Hundred Ninety Five and 43/100 Dollars ($2,695.43). Current Contract Amount $153,900.00 Amount of This Change Order ( #1) $ 2,695.43 Revised Contract Amount $156,595.43 Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062206 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. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 27, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Industrial Power & Lighting, an increase in the amount of $2,695.43, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, C #92010865. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 12 CHANGE IN CONTRACT MAIN MERCER FIRE STATION EXPANSION & RECONSTRUCTION JOB #0422 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction, General Construction, The Peyton Barlow Co., Inc., C #92010964. 1. #44 - Furnish and install three (3) shower surrounds at Ladder 7 shower rooms. Add $ 9,318.00 The foregoing change results in a net increase in the contract of Nine Thousand Three Hundred Eighteen and 00/100 Dollars ($9,318.00). Summary: Current Contract Amount $1,172,976.05 Amount of This Change Order ( #7) Add $ 9,318.00 Revised Contract Amount $1,182,294.05 Costs have been reviewed by the Consulting Architect (Bermann Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 18, 2005, 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. 7, to The Peyton Barlow Co., Inc., an increase in the amount of $9,318.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, C #92010964. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 13 CHANGE IN CONTRACT NORTH JEFFERSON LIBRARY CONSTRUCTION JOB #0324 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development of WNY, Inc., C #92010833. 1. RFI #177 - Exterior building lettering for the library. Add $ 4,919.00 The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Nineteen and 00/100 Dollars ($4,919.00). Summary: Current Contract Amount $3,092,774.86 Amount of This Change Order ( #12) Add $ 4,919.00 Revised Contract Amount $3,097,693.86 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 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. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 20, 2005, 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. 12, to Patrick Development of WNY, Inc., an increase in the amount of $4,919.00, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, C #92010833. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 14 INCREASE IN CONTRACT CITYWIDE BASKETBALL AND TENNIS COURT IMPROVEMENTS ( MASTEN) We are requesting permission of your Honorable Body to increase the above contract, no. 92011010, with Del Prince and Sons for the additional work described below. ADD Convert a tennis court to a basketball court at Dewey Playground $10,960.00 Relocate the court at Roberson Park $4,220.00 Total $15,370.00 SUMMARY Contract Amount $277,640.00 This Change Order $15,370.00 New Contract Amount $293,010.00 Public Works staff have reviewed and recommended these changes and costs. Funds are available in Account 38400106. 1 recommend that Your Honorable Body authorizes the Commissioner of Public Works, Parks and Streets to issue a change order to Del Prince and Sons as outlined above. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 26, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Del Prince and Sons, an increase in the amount of $15,370.00, as more fully described in the above communication, for work relating to Basketball and Tennis Court Improvements, C #92011010. Funds for this project are available in 38400106. PASSED AYES - 9 NOES -0 NO.15 REQUEST CHANGE IN PARKING REGULATION MARINER ST. BETWEEN VIRGINIA AND ALLEN STREETS CCP 9/6/05, ITEMS 137,160 This is in response to the subject referenced above which was referred to our department for review. The change requested is a switch from current Type I alternate parking to Type II, which would allow parking on both sides of the street on nights and weekends. Upon researching our records, it was revealed that this section of Mariner St. was changed at least twice since the mid 1980's. Our files indicate they both times it was changed previously, it was switched back due to complaints from residents that driving access and parking maneuvers were severely hindered with parking on both sides of the street. The petition received represents only about 40% of the residents and /or property owners on the street. Normal departmental policy is to have at least 75% of the residents and /or property owners agree before we make a change of this type. Based on the previous history and the petition received, our department would defer making this change a —,3jg- until we have a better consensus from the residents and /or property owners on the street. REFERRED TO THE COMMITTEE ON LEGISLATION No. 16 Resolution for NYSDEC Cost Share Grant for Urban and Community Forestry (North) This Department is currently applying for a $50,000.00 Large City Cost -Share Grant for Urban and Community Forestry in New York State from the Department of Environmental Conservation. In order for the City to receive the $50,000.00 matching grant, NYSDEC requires a resolution be approved as follows: LET IT BE RESOLVED: That Joseph N. Giambra, as the Commissioner of Public Works, Parks and Streets of the City of Buffalo, or such person's successor in office is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $50,000.00, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2005 Cost -Share Grant for Urban and Community Forestry in New York State. The local match for this grant is available in our Capital Project Accounts for Citywide Tree Infrastructure #37400206 and #38400206. in addition to the enabling resolution, permission is requested to accept the grant funds upon completion and deposit them into the aforementioned accounts. RECEIVED AND FILED No. 17 Resolution for NYSDEC Tree Planting Cost Share Grant for Urban and Community Forestry (North) This Department is currently applying for a $20,000.00 Tree Planting Cost -Share Grants for Urban and Community Forestry from the New York State Department of Environmental Conservation. In order for the City to receive the $20,000.00 matching grant, NYSDEC requires a resolution be approved as follows: That Joseph N. Giambra, as the Commissioner of Public Works, Parks and Streets of the City of Buffalo, or such person's successor in office is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $20,000.00, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2005 Tree Planting Cost -Share Grant for Urban and Community Forestry in New York State. The local match for this grant is available in our Capital Project Accounts for Citywide Tree Infrastructure #37400206 and #38400206. In addition to the enabling resolution, permission is requested to accept the grant funds upon completion and deposit them into the aforementioned accounts. RECEIVED AND FILED NO. 18 Vulcan St. Reconstruction Pay City of Buffalo Cost Share Our department has received a final bill from the Erie County Department of Public Works (ECDPW) for the City share of costs for the reconstruction of Vulcan St. between Kenmore Ave. and Tonawanda St. The associated costs of $641,241.29 have been reviewed by our department and the project consultant (URS) and are acceptable. Permission is therefore requested to pay ECDPW, the City share of costs for this project. Funds are available in our Capital Project Accounts #38310706 and 38310206. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL NO. 19 Certificate of Appointment Appointment Effective: 10/03/05 in the Department of Public Works Division of Streets to the Position of Exterminator Provisional, Appointment, Maximum, Starting Salary of $29,604 David Petruzzi 89 Granview Ave. Tonawanda NY 14223 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 20 Certificate of Appointment Appointment Effective: 10/26/05 in the Department of Public Works Division of Streets to the Position of Street Worker Permanent, NON - COMPETITIVE INTERMEDIATE Starting Salary of. $29,472 Martin Eve 184 Jewett Pkwy. Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 21 Certificate of Appointment Appointment Effective: 09/30/2005 in the Department of Public Works Division of Streets to the Position of Truck Driver Temporary, Promotion, Intermediate, Starting Salary of $28,429 Bark Stanilzewski 104 Harding Rd. Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 22 Certificate of Appointment Appointment Effective: 10/24/05 in the Department of Public Works Division of Streets to the position of Truck Driver TEMPORARY PROMOTION MAXIMUM Starting Salary of $30,793 Rowan S. Gaines 150 East Ferry St. Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 23 STATUS OF RED HELMETS Below is the response to your inquiry re: "Red Helmets" from homeland Security Director Roger Lander. If you are in need of any additional assistance please let me know. Good Afternoon Commissioner: Please be advised that since my letter to Councilman Fontana, dated December 6th, 2004 1 have done further research regarding the Red Helment Program here in the City. I had recommended at that time that we try to keep the Red Helmets in place thru revisions associated with their existing functions. Since then I have learned that a letter from Commissioner Keane, November 19, 1991 to Commissioner Shanks states " I have, therefore, decided to disband the Auxiliary Fire Corps ( Red Helmets) effective immediately. On January 14, 1992 Councilman Alfred T. Coppola sent resolution to Council requesting that the Auxiliary Fire Corps come in under the BFD, their role would be in support of, in addition funding was also mentioned. Upon further research I have not been able to locate any documentation stating that the Resolution sent to Council was ever adopted. Therefore with -out an adopted resolution the City of Buffalo could be "held liable" for situations that could occur during work related activities or responses from the Red Helmets. In closing I'm not opposed to the Volunteer Program, however the City as two hurdles they have to address, (one) Adopt a Resolution to except and provide insurance coverage, (two) consider impact on contract employee's and what their rebuttal will be. NOTE: They could become members of a CERT Team which would allow them to respond during times of need through the American Red Cross, need to keep in mind that they will also have to be RC Trained if they decided to go in that direction. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 24 Addressing Demolitions in the Capital Budget (Item No. 127, C.C.P. 10/4/2005: 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The Department of Permit and Inspection Services has been seeking an increase in the funding for demolition for both Community Development Block Grant Funding and the Capital Budget. In years past we would inform the Department of Assessment not to foreclose on properties because of the lack of funds available for demolition purposes. As stated in your Honorable Body's Resolution there are currently approximately five hundred (500) properties in our inventory that are identified for demolition. Of these properties approximately one hundred and twenty (120) are city owned. As of this writing there are approximately one hundred and twenty (120) that will be funded by the current Capital Bond. We are bidding approximately seventy (70) buildings bi- monthly and fully expect to expend this fiscal years Capital Bond allotment. As more Capital Bond funding becomes available, it would be a considerable help to accelerate the foreclosure process. We would also request the Department of Assessment acknowledge the list of properties that this Department has identified for potential demolition. This action would warn prospective bidders that the property identified might not be suitable for rehabilitation and occupancy. As of this writing we are requesting approximately six hundred (600) properties be acquired through the 111 Rem process. At that time we will develop a plan for demolition and in cooperation with the members of your Honorable Body follow through on these Capital improvements. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON BUDGET NO. 26 Food Store License 481 Abbott (South) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 481 Abbott and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 481 Abbott. PASSED AYES — 9 NOES — 0 NO. 26 Food Store License 975 Abbott (South) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 975 Abbott and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 975 Abbott. PASSED AYES 9 NOES 0 NO. 27 Food Store License 1517 Broadway (Fillmore) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1517 Broadway and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Saeed, located at 1517 Broadway. PASSED AYES —9 NOES —0 NO. 28 Food Store License 2065 Delaware (North) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2065 Delaware and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 2065 Delaware. PASSED AYES — 9 NOES — 0 No. 29 Food Store License 398 Dingens (Lovejoy) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 398 Dingens and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 398 Dingens. PASSED AYES — 9 NOES — 0 NO. 30 Food Store License 1266 East Delavan (University) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1266 East Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 Food Store License 1622 Genesee (Fillmore) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1522 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Fawaz Kaid, located at 1522 Genesee. PASSED AYES — 9 NOES — 0 NO. 32 Food Store License 2276 Genesee (Lovejoy) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2275 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 2275 Genesee. PASSED AYES — 9 NOES — 0 NO. 33 Food Store License 171 Grant (Niagara) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 171 Grant and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 171 Grant Street. PASSED AYES —9 NOES — 0 NO. 34 FOOD STORE LICENSE 460 HERTEL (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 460 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 460 Hertel Avenue. PASSED. AYES -9. NOES -0. NO. 35 FOOD STORE LICENSE 674 HOPKINS (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 674 Hopkins and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 36 FOOD STORE LICENSE 1632 JEFFERSON (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1632 Jefferson and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Steve Beharry, located at 1632 Jefferson. PASSED. AYES -9. NOES -0. NO. 37 FOOD STORE LICENSE 1095 LOVEJOY ( LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1095 Lovejoy and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 1095 Lovejoy. PASSED. AYES -9. NOES -0. NO. 38 FOOD STORE LICENSE 959 NIAGARA (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 959 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 959 Niagara. PASSED. AYES -9. NOES -0. NO. 39 FOOD STORE LICENSE 584 ONTARIO (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 584 Ontario and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 584 Ontario. PASSED. AYES -9. NOES -0. NO. 40 FOOD STORE LICENSE 1971 SOUTH PARK (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1971 South Park and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 1971 South Park. PASSED. AYES -9. NOES -0. NO. 41 FOOD STORE LICENSE 2406 SOUTH PARK (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2406 South Park and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 2406 South Park. PASSED. AYES -9. NOES -0. NO. 42 FOOD STORE LICENSE 740 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 740 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 20, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Maged Salem Alkhulaqi, located at 740 Tonawanda. PASSED. AYES -9. NOES -0. NO. 43 SECOND HAND DEALER 1211 HERTEL (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 1211 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Danielle Woodrich. The attached thereto for Danielle Woodrich d /b /a Avenue Book Exchange. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated October 17, 2005, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Danielle Woodrich, located at 1211 Hertel Avenue. PASSED. AYES -9. NOES -0. NO. 44 USED CAR DEALER 2140 GENESEE (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2140 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Theresa Hluchyj The attached thereto for Theresa Hluchyj. d /b /a Genesee Resale. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 46 M.AHMED & O- OPPOSE CONSTRUCTION OF FASRTRAC GAS STATION CONV. STORE -2761 BAILEY AVE. (UNIV) ITEM NO. 66, C.C.P. 10/4/2006: 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As your Honorable Body is aware, the Department of Permit and Inspection Services if the processor and "Hub" for all referrals as they pertain to existing and newly built structures. There is an application pending in the Office of Permits for a General Construction Building Permit Application for a mercantile establishment at the stated address. It is our understanding that Approval from City Wide Site Plan for the "Fastrac" gas station and Convenience Market proposed m 2751 Bailey Avenue has been granted. We are awaiting approval or disapproval from your Honorable Body to determine if the application will be processed and plans submitted or if the project will be canceled. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED. a:l6]LTilr 9:I 1-1-111610 ZKOI aril 11TAI IN I; .11 :LA I [61 kilUl y I X 19 L [•34 NO. 46 CONTRACT FOR DEBT RECOVERY SERVICES The attached Contract for Debt Recovery Services with Mercantile Adjustment Bureau, Inc. is being forwarded for your approval. REFERRED TO THE COMMITTEE ON FINANCE. NO. 47 CREATION OF A CITY VALET PARKING ZONE" RES #106 CCP OCTOBER 4, 2006 It is feasible to create a Valet Parking ordinance for restaurants and special events where there is a lack of on street parking which leads to the necessity to valet park. This can be monitored by Public Works and Parking Enforcement in order to protect the City of Buffalo from liability- RECEIVED AND FILED. NO. 48 PURCHASE OF VEHICLES This is to request approval for the Division of Parking Enforcement to purchase two new 4 -wheel drive, light duty pick -up trucks, for use by our parking enforcement and meter repair units. The new vehicles were approved in our 2005 -06 capital outlay budget and will replace two 1995 pick -up trucks. Mr. Coppola moved: That the above communication from the Department of Administration and Finance dated October 26, 2005, be received and filed; and That the Director of Parking Enforcement and the Director of Purchase be, and they hereby are authorized to purchase two (2) new 4 -wheel drive light duty pick -up trucks. Funds for these purchases were approved in the 2005 -06 capital outlay budget. PASSED AYES -9. NOES -0. FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 49 COMMUNITY SERVICES /DIVISION OF SUBSTANCE ABUSE SERVICES FIRST QUARTERLY REPORT 2005 -2006 BEGINNING JULY 1, 2005 ON THE DIVISION OF SUBSTANCE ABUSE SERVICES Attached, please find the First Quarterly Report of the new budget year beginning July 1, 2005 on the Division of Substance Abuse Services. REFERRED TO THE COMMITTEE ON BUDGET. FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 50 BMHA POLICE EXAM Reference is made to ( #91 CCP Oct 18, 2005) concerning a request for a promotional examination for laid off BMHA officers. Please be advised that this department is currently in the process of developing new testing procedures for police applicants which will identify and select candidates that better meet the needs of community policing and the make -up of the City of Buffalo. This approach is consistent with the efforts of police agencies throughout the country and, as you know from previous correspondence, is the subject of a national symposium sponsored by the Department of Justice, which I will be attending next week. Additionally, as you are also aware, the city is involved in ongoing federal litigation concerning police applicant testing. Any future applicant testing will, as in the past, require court and Department of Justice approval. We are moving as expeditiously as possible to develop the new testing procedures and are in the final stages of promulgation of an RFP to identify and select a consultant to create the examination process. At such time as development of the testing instrument has been completed, and approved by the courts and DOJ, consideration will be given to offering the exam on a promotional basis to former members of the BMHA Public Safety Department. REFERRED TO THE COMMITTEE ON LEGISLATION. a:16ILTilr 9:I =1111 Y67M N exel0 =I 111L97A I NI LI NO. 51 "CREATION OF JSCB NEIGHBORHOOD DEV. COMM " ITEM #50, C.C.P. OCTOBER 18, 2005 "Creation of JSCB Neighborhood Dev. Comm." Item #50, C.C.P. October 18, 2005 We are in receipt of the correspondence concerning the creation of a JSCB neighborhood development committee. This will appear as an agenda item at the next JSCB Committee Meeting on November 7, 2005. Please revise contact person at LP Ciminelli, to Mr. Eugene Partridge, Sr. Vice President, 325 Delaware Avenue, Buffalo, NY 14202. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 52 VEHICLE RETURN The City Clerk's Office, Records Management Division is no longer utilizing one 1987 GMC Van - Vin#2GDHG31 K3H4516007- License #L67122 and is turning the van over to the Division of Purchasing for auction or scrape. Records Management has taken the van to the Seneca Police Garage and has returned the gas key to the Division of Inventory and Stores. The vehicle is no longer in use. RECEIVED AND FILED. NO. 63 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 333 Franklin St. Laughlin's Beef & Barrel Inc. P. Kelleher, Agent 114 W. Chippewa St. Butterwood Desserts Inc. " 490 Rhode Island LLC No name given RECEIVED AND FILED. NO. 64 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Jeffrey Tucker, Sandra Brown Community Services -Kevin Pangburn RECEIVED AND FILED. NO. 66 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Coppola moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective October 12, 2005 in the Department of Common Council to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr. Ashlee Amoia 21 Duluth Ave. Buffalo. NY 14216 NO. 66 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent)(as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF AUDIT AND CONTROL Appointment Effective 10/20/05 in the Department of Audit and Control, Division of Audit, to the position of Assistant Auditor, Temporary, at the minimum starting salary of $32,487. Demetria Harris 115 Mortimer Buffalo, NY 14204 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective 10/17/05 in the Department of Public Works, Parks and Streets, Division of Streets, to the position of Account Clerk- Typist, Permanent, at the minimum starting salary of $26,271. Mary Lewandowski 173 Eden Street Buffalo, NY 14220 Appointment Effective 10/17/05 in the Department of Public Works, Parks and Streets, Division of Water, to the position of Dispatcher, Temporary, at the minimum starting salary of $29,038. Ryan Collingwood 194 Grote St. Buffalo, NY 14207 Appointment Effective 10/26/05 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Victor Burgio 39 Hecla St. Buffalo, NY 14216 Appointment Effective 10/24/05 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Earl J. Melelburg 1186 Seneca St. Buffalo, NY 14210 Appointment Effective 10/23/05 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Edward F. Anken 73 Houston St. Buffalo, NY 14220 Daniel J. Schamann 147 Marine Drive Apt. 8C Buffalo, NY 14202 Appointment Effective 10/20/05 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Brian T. Murrett 50 Lilac Street Buffalo, NY 14220 Appointment Effective 10/18/05 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Charles A. Kulp 1015 Abbott Road Buffalo, NY 14220 Appointment Effective 9/30/05 in the Department of Public Works, Parks and Streets, Division of Streets, to the position of Truck Driver, Temporary, at the minimum starting salary of $27,646. Mark McKinnon 1710 Clinton St. Buffalo. NY 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 57 V. CALDERON- PLAYGROUND EQUIPMENT AT CATHEDRAL PARK To The Honorable Members of the Buffalo Common Council: Erie Community College Child Development Center at City Campus is sponsored under the non -for- profit organization of the Auxiliary Services Corporation of Erie Community College. Our main purpose is to provide quality campus child care in order for the students of Erie Community College to pursue their education. We serve children from six weeks - twelve years old from 7:30 gin. - 9:30p.m. Due to lack of green space in the heart of downtown Buffalo, our center does no - -! have an outdoor playground. We use the Cathedral Park playground regularly. Our children enjoy the playground facility and receive fresh air which is beneficial for their health. This is to inform you that 35 children utilize the playground daily. For the voice of children, we strongly believe that you should leave the playground equipment at Cathedral Park for the children of Erie Community College and the other children within the community. There is no other children's playground in the middle of downtown Buffalo. Why can't this be the Children's Park? Should you have any further questions, I am willing to attest to keep the children's playground at Cathedral Park. I can be reached at 851 -1152. Sincerely yours, Vickie F. Calderon, Ed.M. Director RECEIVED AND FILED NO. 58 LPCIMINELLI MEMORANDUM 2005 BOARD PACKET DOCUMENTS 10/4/05 Attached are the following documents from the Joint Schools Construction Board Meeting on October 4, 2005: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 12, 2005 3.Application and Certificate for Payment No. 38 - September 2005 4. Phase II Application and Certificate for Payment No. 12 - September 2005 5. Phase II Procurement Schedule dated September 1, 2005 6. Bid Evaluations 7. Bevlar & Associates Ine. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Project - August 2005 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - August 2005 9. DRAFT - Resolution of Joint Schools Construction Board RECEIVED AND FILED NO. 59 BUFFALO & ERIE COUNTY PUBLIC LIBRARY The Buffalo & Erie County Public Library has begun the process of curtailing service at previously identified branch locations throughout the City of Buffalo and wishes to involve you and other appropriate parties in an orderly transition as the Library vacates these premises and returns them to the City for alternate uses. Attached is a letter that might facilitate the transfer of B &ECPL property (books, equipment, furnishings, etc.), in a manner consistent with the Library Board's adopted Resolution 2005 -41, if there is a viable and appropriate re -use plan for the vacated building. The Library will provide an inventory of any property subject to transfer shortly after operations cease at each affected location. If there is no re -use plan for a specific building, the Library must make arrangements to dispose of Library assets in another manner. These locations must be identified no later than November 11, 2005 so the Library can take the necessary steps. Under the terms of the current lease between B &ECPL and the City of Buffalo, the Library has begun to work with the City's Division of Real Estate and Department of Public Works to transfer utilities and, at the proper time, transfer keys and security codes to the appropriate representatives of those departments. It is to everyone's advantage to expedite this process. Please do not hesitate to contact me if I can be of any assistance. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE CORPORATION COUNSEL NO. 60 WI -FI WIRELESS NETWORK SYSTEM Dear Mr. Chwalinski: Please file the attached for the upcoming Common Council Session scheduled for November 1, 2005. This item relates to the "Wi -Fi network system ", which is one of three revenue generating initiatives currently being addressed in the Council's Finance Committee. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 61 STREET LIGHT PROBLEMS ALLEN ST In response to your letter regarding street light problems on Alien Street, National Grid crews have resolved all outages (work order # 416169 and 416185) identified in the letter Councilmember Davis received from the Allentown Association. We are currently reviewing the damaged outlets on the street light poles (work order # 369573). I will respond by the end of this week with an update on this situation. If you have any further questions, please contact me at 831 -7735. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 62 COUNTY RENEGING ON TREE MAINTENANCE ITEM #105, CCP 10/18/05 County Executive Giambra has asked me to respond to your inquiry regarding the above - referenced item. It is my understanding that the invoices in question are for emergency tree removal outside normal work hours, or for hazardous situations requiring expert services (such as fallen trees near power lines). This is the procedure which City officials advised County officials to take and it is consistent with City practices pre- dating the current City /County parks management agreement. County Forester Brian Grassia assures me that County crews have and continue to remove and trim trees in both emergency and non - emergency situations in compliance with the aforesaid agreement. Please contact the undersigned if you have any further questions regarding this matter. Very truly yours, REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 63 K. KELLEY -REQ REINSTATEMENT AS MARRIAGE OFFICER While serving as the Deputy City Clerk for the City of Buffalo, I was appointed as a Marriage Officer for the City of Buffalo. It was a great honor and pleasure to serve as a Marriage Officer for the City of Buffalo. When I resigned from the position of Deputy City Clerk my appointment as a Marriage Officer ended. Because a lot of people knew that I was a Marriage Officer, I continue to get requests from friends and family members to serve as their Marriage Officer at their weddings. A very good friend of mine is getting married this December and has requested that I perform her wedding vows. It would be greatly appreciated if you and the City Council would reinstate me as a Marriage Officer for the City of Buffalo and file the necessary paperwork with New York State. Thank you in advance for your consideration and I look forward to your response. I can be contacted at (716) 826 -2881. Buffalo, New York 14220 RECEIVED AND FILED NO. 64 J. SZKILNIK - FASTRA C- INFO -2751 BAILEY AVE This letter is being written to provide information for the necessary final approvals of a proposed convenient store /gas station to be built on Bailey Ave, in the city of Buffalo by Fastrac Markets. Fastrac Markets is seeking from the Common Council, the approval of the special permit required for gasoline sales and subsequent forwarding of the legislation to the Mayor for signing. This is the final approval necessary for the project to proceed, subject to required building permit applications. The project has been approved by the legislation committee. We believe that it is a project that will further add to the re- development of and investment into the neighborhood and provide a service that is currently under - served in this area. Fastrac Markets will bring a business that is well respected and benchmarked against in other markets now being operated in. Fastrac would like to commence construction as soon as possible after receiving building permits. Fastrac is also under specific time constraints to perform per their purchase contract with the owner of the property which, without final approval creates uncertainty for the completion of the project. Attached you will find the following: • Executive summary for the project, including economics of the project • Proposed site plan • History and background on company • Photos of current site, proposed store, and current other stores in the area The project is being proposed for a site that is zoned correctly and does not require any variances to existing codes, has received site plan approval from the city planning board. Fastrac has also met on site with the adjacent homeowners and has received a vote of support from each. The project was also presented to the community at a neighborhood meeting hosted by Councilmember Russell. At that meeting, the project was favorable received and supported by at least half of those in attendance. Of those not in favor of the project it is believed that a portion of those in attendance do not support the project in self interest, due to a lack of desire to promote competition. A petition of names was presented that were supposedly not in favor of the project; however a vast majority of those names were disqualified for a lack of information and /or not residing in the community. One of the issues that arose during the meeting, that in our opinion is unrelated to the project, was a need for parking regulations and enforcement along the side streets to aid in reducing the traffic congestion of the area. If you have any questions, please feel free to call and discuss. I hope this is the first of many future locations in the Buffalo market as Fastrac continues to grow and serve new communities. RECEIVED AND FILED 01 [ow *1 A THOMPSON -2006 JSCB MEETING SCHEDULE Please file the attached documents for the next Common Council Meeting for November I, 2005. COPY AVAIBLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED PETITIONS NO. 66 M. HATTEN, AGENT, USE 220 ALLEN -TAKE OUT SIT -IN RESTAURANT W /SIDEWALK PATIO (ELL) -(HRG 11/9) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. NO. 67 PETITION TO REINSTALL THE FORMER TRAFFIC LIGHT AT THE INTERSECTION OF SYCAMORE STREET AND SOBIESKI STREET We, the undersigned, are filing this petition to urge The City of Buffalo and the Department of Transportation to reinstall the former traffic light at the intersection of Sycamore Street and Sobieski Street with a crosswalk. Young children and students from Rother /Sobieski /Sweet /Lopere community cross this heavily traveled street daily in order to attend school. It is important to take the safety of all the residents into consideration. Reinstalling the former traffic light with a cross walk would greatly improve the welfare of the students and the entire community in this heavily traveled area. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 68 APPOINTMENTS EXTERMINATOR (MAX) (PW) (ITEM NO. 30 -OCT, 18, 2005) Mrs. Russell moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 69 APPOINTMENT WATER METER MECHANIC (INTER) (PW) (ITEM NO. 31 -OCT. 18, 2005) That Communication 31, October 18, 2005 be received and filed and the permanent appointment of Eugene Kozlowski stated above at the intermediate starting salary of $31,195 effective on Oct. 10, 2005 is hereby approved. PASSED AYES - 9 NOES -0 NO. 70 APPOINTMENT PRINCIPAL MANAGEMENT ANALYST (ITEM NO. 46-OCT. 18, 2005) That Communication 46, October 18, 2005 be received and filed and the intermediate appointment of Donna Estrieh stated above at the intermediate starting salary of $63,707 effective on Oct. 13, 2005 is hereby approved. PASSED AYES - 9 NOES -0 NO. 71 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #56, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 72 AUDIT: ERIE BASIN MARINA -2005 AUDIT (COMPT) ( #5, 10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 73 REPLY TO AUDIT -ERIE BASIN MARINA (PW) ( #8, 10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 74 LEASE - 155 WASHINGTON STREET - PARCEL NO. 5 AND SKYWAY- THRUWAY LOOP (ITEM NO. 2, C.C.P., OCT. 18, 2005) That the Chairman of the Board of Parking be, and he hereby is authorized to award new three year leases for 155 Washington (Thruway Lot 1A) for the annual rent of $21,212 and Parcel No. 5 and Skyway Thruway Loop for the annual rent of $174,471, to Pro Park LLC, the highest responsible bidder. PASSED AYES - 9 NOES -0 NO. 75 POLICE ATHLETIC LEAGUE - REQUEST FOR OFFICE SPACE (ITEM NO. 42, C.C.P., SEPT. 20, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the President of the Police Athletic League be, and he hereby is authorized to add an addendum to their existing Memorandum of Understanding with the City for use of office space on the 21st floor of City Hall. PASSED AYES - 9 NOES -0 NO. 76 DRUG ASSET FORFEITURE - CHECKS RECEIVED ($33,416.54) (POL) ( #34, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 77 B. DAVIS- MEMO - LIBRARY CLOSINGS ( #60, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 E. BERRY -SAVE OUR LIBRARIES - CONCERNS - CLOSING OF LIBRARIES (# 131, 9/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 79 E. BERRY - CONCERNS - INFO.- CLOSING OF LIBRARIES (#40, 9/20) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 80 L. LE COUTEULX DIST. DESIGNATION (PRES. BD.) (#4, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 IN REM FORECLOSURE SALE -OWNER OCCUPIED PARCELS (ASSESS. /TAX) ( #11, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 FUTURE CABLE - RELATED COMM. NEEDS FOR COB & PAST PERF. OF ADELPHIA COMM. INC. (PW) ( #25, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 FOOD STORE LICENSE - 900 MAIN STREET (ITEM NO. 41, C.C.P., OCT. 18, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation NO. 84 FOOD STORE LICENSE - 357 SWAN STREET (ITEM NO. 42, C.C.P., OCT. 18, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: that the above item be recommitted to the Committee on Legislation ADOPTED NO. 85 RESTAURANT DANCING LICENSE - 20 ALLEN STREET (ITEM NO. 32, C.C.P., OCT. 4, 2005) (ITEM NO. 80, C.C.P., OCT. 18, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Yvonne White, d /b /a Adonia's, located at 20 Allen. PASSED AYES - 9 NOES -0 NO. 86 USED CAR DEALER - 50 SYCAMORE (ITEM NO. 44, C.C.P., OCT. 18, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above stem be recommitted to the Committee on Legislation ADOPTED NO. 87 MANDATORY DIST. OF SEX OFFENDER INFO. TO ALL SCHOOLS (BD. ED.) (#49, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 B. DAVIS- STREET LIGHT PROBLEMS ON ALLEN ST. ( #61, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 ABANDONING PLAYGROUND EQUIPMENT ON CATHEDRAL PARK (ITEM NO. 98, C.C.P., OCT. 18, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the above item be the same and is hereby received and filed. ADOPTED NO. 90 —GRANT 3 MO. EXT. TO CHURCHES, NON - PROFIT ORG., SR. CITIZENS ON FORECLOSURE LIST (ASSESS /TAX) ( #10, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 GRANTING A THREE MONTH EXT. TO CHURCHES, NON - PROFIT ORG., AND SR. CITIZENS WITH OWNER - OCCUPIED PROPERTY ON THE FORECLOSURE LIST (# 132,10/4) ( #71, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 REVIEW DELI LICENSE OF 1199 SENECA ST. (HRG. 10/11) ( #197, 9/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 93 K. BRINKWORTH, AGT., USE 223 ALLEN ST.- OUTDOOR PATIO (ELL) ( #81,7/12)( #95,5/31)( #77,6 /17)(HRG. 5/24) (# 122, 7126 That the above item be and the same hereby is received and filed. ADOPTED NO. 94 K. BRINKWORTH, USE 223 ALLEN ST. - SIDEWALK CARE (ELL) (#83,7/12)(#6 •6/14) (PLAN. BD.) ( #123, 7/26) That the above item be and the same hereby is received and filed. ADOPTED. NO. 95 S. HOPKINS, PETITION TO USE 2751 BAILEY- STORE /GAS STATION W /PARKING & CANOPY (ITEM NO. 156, C.C.P., SEPT. 6, 2005) (ITEM NO. 87, C.C.P., OCT. 4, 2005) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of S. Hopkins, agent, for permission to use 2751 Bailey for a one story store /gas station with parking and a canopy be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 96 M. AHRNED & O -OPP. CONST. OF FASTRAC GAS STATION /CONV. STORE -2751 BAILEY AVE. (UNIV) ( #55,10/4) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 ENF. OF NOISE ORDINANCES (JUNE 204 & 2005) (POL) ( #68, 9/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 98 PARTIAL PAYMENT ORDINANCES AND FORECLOSURE (ASSESS /TAX) ( #6, 10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 99 REQUEST FOR CITY EMPLOYEES TO PAY ANY CITY DEBTS (ITEM NO. 148, C.C.P., JUNE 14, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same is hereby received and filed ADOPTED NO. 100 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (PERMITTED USES) (ITEM NO. 253, C.C.P., JULY 20, 2004) (ITEM NO. 112, C.C.P., SEPT. 21, 2004) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 101 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (SCREENING) (ITEM NO. 260, C.C.P., JULY 20, 2004) (ITEM NO. 119, C.C.P., SEPT. 21, 2004) 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 September 14, 2004, the Ordinance Amendment as contained in Item No. 260, C.C.P., July 20, 2004, be and the same hereby is approved. PASSED AYES - 9 NOES -0 NO. 102 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (PAVING) (ITEM NO. 265, C.C.P., JULY 20, 2004) (ITEM NO. 124, C.C.P., SEPT. 21, 2004) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 103 FOOD STORE LICENSE - 115 ENGLEWOOD (ITEM NO. 93, C.C.P., SEPT. 6, 2005) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Moosa located at 115 Englewood. PASSED. AYES -9. NOES -0. NO. 104 FOOD STORE LICENSE - 473 JEFFERSON (ITEM NO. 94, C.C.P., SEPT. 6, 2005) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 105 USED CAR DEALER -2667 BAILEY (UNIV) ( #57,7/26) Mr. Fontana moved: That the application for a used car dealer license for 2667 Bailey Avenue is hereby approved. PASSED. AYES -9. NOES -0. NO. 106 A. THOMPSON -REQ. REMOVAL OF NO PKG. SIGNS -E. DELAVAN AVE. & JEFFERSON AVE. ( #82, 7/26) That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 107 UNION SHIP CANAL URBAN RENEWAL PLAN AMENDMENT "A" (HRG. 11/1) (CCP #93- 10/18/05) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT A public hearing has be 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 Mr. Coppola, seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances — Peter Cammarata, BERC Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Conrad. CARRIED. Mr. Golombek moved: That the appointed members of the City Planning Board, do hereby report to the Common Council and certify their unqualified approval of the amendment of the Union Ship Canal Project Area as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and That the Coordinator of the Office of Strategic Planning is hereby authorized to prepare the Amendment to the Union Ship Canal Urban Renewal Plan for the long term, comprehensive redevelopment of the designated Buffalo Lakeside Commerce Park Area. PASSED. AYES -9. NOES -0. NO. 108 UNION SHIP CANAL AMENDMENT FOR FUTURE DEVELOPMENT WITHIN THE PROJECT AREA (ITEM NO. 3, C.C.P., OCT. 18, 2005) That the appointed members of the City Planning Board, do hereby report to the Common Council and certify their unqualified approval of the amendment of the Union Ship Canal Renewal Plan Project Area as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and That the Director of the Office of Strategic Planning is hereby authorized to prepare the Amendment of the Waterfront Urban Renewal Project Area. PASSED. AYES -9. NOES -0. NO. 109 LDA- TRANSFER OF 256,258,268,272 E. FERRY & 1478, 1482 JEFFERSON FROM COB TO BURA -ZULA CORP. REDEVELOPER (HRG. 11/1) (CCP #108 - 10/18/05) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Coppola, seconded by Mr. Golombek, the item is properly before the Common Council, and the heating is opened. CARRIED Appearances -Mary Ann DeMarco, BERC Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Davis Mr. Golombek moved: That ZULA CORP. duly designated qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the redeveloper of 256, 258, 268, 272 East Ferry 1478, 1482 Jefferson. That the Mayor or any officer of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to the City of Buffalo Urban Renewal Agency, and there on to ZULA CORP. and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration therein. PASSED. AYES -9. NOES -0. NO. 110 CONTRACT FOR SALE OF LAND 256, 258, 268, 272 E. FERRY 1478, 1482 JEFFERSON (ITEM NO. 5, C.C.P., OCT. 18, 2005) That ZULA CORP. duly designated qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the redeveloper of 256, 258, 268, 272 East Ferry 1478, 1482 Jefferson. That the Mayor or any officer of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to the City of Buffalo Urban Renewal Agency, and there on to ZULA CORP. and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration therein. PASSED. AYES -9. NOES -0. N *IQ ItI)tIIQ0 NO. 111 By: Messrs. Conrad, Thompson, Coppola & Bonifacio THE TRANSFER OF THE ERIE COUNTY - BUFFALO DIVISION OF FORESTRY BACK TO THE CITY OF BUFFALO PUBLIC WORK'S DEPARTMENT Whereas, the City of Buffalo's Forestry Department was included in the Intermunicipal Agreement that transferred all forestry duties, including 4 employees and equipment on July I, 2004 to Erie County, and Whereas, the Division of Citizen Services Mayor's Complaint Hotline received over 1,400 calls in the past year, not including calls to district council members and the Public Work's Department on tree related issues, and Whereas, the Erie County - Buffalo Division of Forestry is under no direction of the City of Buffalo Public Work's Department who receives all residents concerns and complaints regarding tree issues in the City of Buffalo, and Whereas, tree related claims against the City of Buffalo continue to rise at an alarming rate, the City of Buffalo has paid over $57,000 in tree related claims just this year, and Whereas, the number of claims has risen considerably and residents tax dollars will continue to be wasted on claims instead of maintaining and removing trees throughout the City of Buffalo, and Whereas, due to the complexity of this issue in dealing with emergency and non - emergency calls; working with contractors and the Erie County - Buffalo Division of Forestry, it would be more efficient that the City of Buffalo Public Work's Department manage all tree operations for the residents in City of Buffalo, and Whereas, quality of life issues such as tree removals and preventive maintenance is not a luxury for residents but a priority by the City of Buffalo to ensure good service and good government, and Whereas, the transfer of the Buffalo Division of Forestry back to the City of Buffalo is only the first step in the process to ensure the residents tax dollars are spent appropriately and services are provided adequately, Now, Therefore, Be It Resolved, That this Honorable Body request the transfer of the Erie County - Buffalo Division of Forestry's employees and equipment back to the City of Buffalo Public Work's Department to handle all tree related issues in house, Now, Therefore, It Be Resolved, That the exact money the City of Buffalo currently pays to Erie County for providing the service of forestry be withheld to ensure the City Buffalo taxpayer does not incur any additional costs for this service, and Now, Therefore, It Be Further Resolved, Copies of this resolution be sent to the City of Buffalo Corporation Counsel, Public Work's, Parks & Streets, Administration & Finance, City of Buffalo Comptroller, and the Mayor of Buffalo for further discussion on this important matter REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, CORPORATION COUNSEL, ERIE COUNTY EXECUTIVE AND ERIE COUNTY LEGISLATURE. NO. 112 Sponsor: Mr. Coppola Co- Sponsor: Mr. Bonifacio, Mr. Golombek HOLD OVER BOARD APPOINTMENTS Whereas: The City receives a tremendous benefit from the dedicated individuals who serve on various boards and commissions; and Whereas: The Common Council supports the involvement and perspective of community members on our many civic boards; and Whereas: Individuals who are appointed to serve a specific term on a board or commission should not be able to serve longer than their specified term; and Whereas: Section 18 -6 of the Buffalo City Charter provides that individuals appointed to city board or commission shall continue until their successors are appointed; and Whereas: The language of the City Charter allows an appointee to continue serving on a board or commission after their appointment has expired in a hold over capacity; and Whereas: Allowing people to serve in a hold over capacity beyond the length of their appointment defeats the purpose of specified terms; and Whereas: Inaction on the part of the Mayor or the Common Council to move an appointment or re- appointment should not allow someone to serve beyond the length of their initial appointment; and Whereas: Allowing individuals to serve in a hold over capacity occurs at the state level and should be addressed by the state as well; and Whereas: The state legislation which created the Buffalo Water Board, Niagara Falls Water Board, Erie County Water Authority, Buffalo Fiscal Stability Authority and Erie County Fiscal Stability Authority, all contain language which allows individuals to serve in a hold over capacity beyond their initial term until their successor is appointed; and Whereas: The state legislation, which created the Buffalo Sewer Authority and the Niagara Frontier Transportation Authority does not contain language which allows individuals to serve in a hold over capacity; and Whereas: The Council is not expressing opposition to individuals being re- appointed to a subsequent term if allowed, the opposition is to individuals extending beyond the term of their initial appointment without approval by the Mayor or the Council. Now Therefore Be It Resolved: That the Buffalo Common Council hereby directs the Law Department to prepare an amendment to the City Charter to eliminate the ability for people to continue service on a city board or commission beyond the term of their specified appointment; and Be It Further Resolved: That the Buffalo Common Council hereby requests the New York State Legislature to amend the legislation which created the many Authorities in existence, by eliminating the ability for individuals to serve as a board member on a Authority beyond their specified term in a hold over capacity; Be It Further Resolved: That the City Clerk forward a certified copy of this resolution to the members of the WNY State Delegation; and Be It Finally Resolved: That this item be referred to an appropriate Committee of the Council for further discussion and deliberation. ADOPT 1 sT 2 ND 3RD RESOLVE; 4 " RESOLVE - REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 113 Sponsor: Mr. Coppola Co- Sponsors: Messrs. Thompson, Fontana, Conrad & Davis CITY TO COVER ELECTRICAL COSTS OF HOLIDAY LIGHTING IN BUSINESS DISTRICTS Whereas: The City of Buffalo encourages business districts and community organizations to install holiday lighting to enhance the appearance and ambiance of their respective business district; and Whereas: Currently, the business association or community organization is responsible for the electrical costs that are incurred from these lights; and Whereas: Due to the benefit to the City these holiday lights provide, many other cities incur not only the electrical costs associated with installation of these lights, but also install the lights; and Whereas: Since holiday lights are a benefit to the City, the City of Buffalo should pay any electrical costs incurred, for the three month period between November 15 and January 15 of the following year, to power holiday lights in business districts provided that the business association or community group has insurance indemnifying the City of Buffalo and National Grid Corporation from any liability relating to the use of these light fixtures; and Whereas: The business association or community group will still be responsible for the installation and removal of any holiday lighting fixtures, as well as any costs related to the installation and removal. Now Therefore Be It Resolved: The City of Buffalo shall pay any electrical costs incurred, for the three month period between November 15 and January 15 of the following year, to power holiday lights in business districts provided that the business association or community group has insurance indemnifying the City of Buffalo and National Grid Corporation from any liability relating to the use of these light fixtures; and PASSED. AYES -9. NOES -0. NO. 114 By: Brian C. Davis PERMISSION TO HANG CHRISTMAS DECORATION WITHIN THE CHIPPEWA ENTERTAINMENT DISTRICT Whereas: The Chippewa Entertainment Association continues to work regularly on improvements to Chippewa Entertainment District area to include Chippewa Street, Delaware Avenue and Franklin Street; and Whereas: Representatives from the Chippewa Entertainment Organization has requested permission to temporarily install Christmas decorations in three (3) locations across Chippewa Street, Delaware Avenue and Franklin Street from November 18, 2005 through January 31, 2006 in celebration of the holiday season; and Whereas: The decorations to be installed will be three (3) New England Pine Wreathed Cross Street Decorations that will be forty (40) feet in length and will feature one three (3) foot wreath with lights, berries and custom bows on Chippewa Street; and Whereas: In addition to the three (3) New England Pine Wreaths, the Chippewa Entertainment District would like to hang 16 New England Pine Pole Decorations on light poles on Chippewa Street, five (5) decorations on Delaware Avenue and two (2) decorations on Franklin Street. Now Therefore Be It Resolved That: This Common Council grants permission to the Chippewa Entertainment District to hang decorations in celebration of the holiday season on Chippewa Street, Franklin Street and Delaware Avenue from November 18, 2005 until January 31, 2006, providing that permission is granted from any building owner in which the decorations will be attached to that building. All decorations meet the requirements of all pertinent City Departments and that no existing laws or ordinances are violated. PASSED. AYES -9. NOES -0. NO. 116 By: Mr. Fontana LICENSING OF PROPERTY MANAGERS Whereas: The City of Buffalo recently instituted a Rental Registry program, mandating that all rental property in the City of Buffalo be registered with the City; and Whereas: Presently, the Rental Registry process calls for basic contact information for the homeowner as well as contact information for a local Property Manager, if the homeowner lives outside of the County of Erie; and Whereas: Property management is a business which if not performed adequately can have a negative quality of life impact upon city neighborhoods; and Whereas: Licensing Property Managers would demand accountability in their work resulting in higher standards of property oversight; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that this resolution be referred to the Department of Law for a response as to the legality of Licensing Property Managers in the City of Buffalo; and Now, Therefore, Be It Further Resolved: That the Common Council of the City of Buffalo does hereby request that this resolution be referred to the Department of Permit & Inspection Services for their response including a draft of the Licensing of Property Managers Process they recommend be implemented; and Now, Therefore, Be It Further Resolved: That this resolution be referred to the appropriate Council Committee until it is no longer deemed necessary to be held in Committee by its Members. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, AND COMMISSIONER OF PERMITS AND INSPECTIONS. NO. 116 BY: MR. FRANCZYK APPOINTMENTS TO ENVIRONMENTAL MANAGEMENT COMMISSION WHEREAS: Section 18 -52 of the Charter gives the Common Council four appointments to the Buffalo Environmental Management Commission; NOW, THEREFORE BE IT RESOLVED: That the Common Council reappoints the following EMC members: Dr. Joseph A. Gardella, Jr. 178 Admiral Road, Buffalo, N.Y.,14216; David Hahn - Baker, 440 Lincoln Parkway, Buffalo, N.Y., 14216; John Hackney, 50 Hewitt Avenue, Buffalo, N.Y. 14215. BE IT FURTHER RESOLVED: For its fourth nominee, the Common Council appoints Charles D. Grieco, esq., 930 Delaware Avenue, Apt. 307, Buffalo, N.Y. 14209, to the Buffalo Environmental Management Commission. PASSED. AYES -9. NOES -0. NO. 117 APPOINTMENT MARRIAGE OFFICER BY: MR. FRANCZYK Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire on December 31, 2005 Kevin M. Kelley ADOPTED. NO. 118 By: Mr. Golombek NYDEC COST SHARE GRANT FOR URBAN AND COMMUNITY FORESTRY (NORTH) The Public Works Department is currently applying for a $50,000.00 Large City Cost -Share Grant for Urban and Community Forestry in New York State from the Department of Environmental Conservation; and Whereas: The local match for the grant is available in our Capital Project Accounts for Citywide Tree Infrastructure #37400206 and #38400206 Whereas: In order for the City to receive the $50,000.00 matching grant, NYSDEC requires a resolution be approved as follows: and Now, Therefore, Be It Resolved: That Joseph N. Giambra, as the Commissioner of Public Works, Parks and Streets of the City of Buffalo, or such person's successor in office is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $50,000.00, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2005 Cost -Share Grant for Urban and Community Forestry in New York State. Now, Therefore, Be It Further Resolved: That permission is granted to accept the grant funds upon completion and deposit them into the aforementioned accounts. ADOPTED. NO. 119 By: Mr. Golombek NYDEC TREE PLANTING COST SHARE GRANT FOR URBAN AND COMMUNITY FORESTRY (NORTH) The Public Works Department is currently applying for a $20,000.00 Tree Planting Cost -Share Grant for Urban and Community Forestry in New York State from the Department of Environmental Conservation; and Whereas: The local match for the grant is available in our Capital Project Accounts for Citywide Tree Infrastructure #37400206 and #38400206. Whereas: In order for the City to receive the $20,000.00 matching grant, NYSDEC requires a resolution be approved as follows; and Now, Therefore, Be It Resolved: That Joseph N. Giambra, as the Commissioner of Public Works, Parks mid Streets of the City of Buffalo, or such person's successor in office is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $20,000.00, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2005 Tree Planting Cost -Share Grant for Urban and Community Forestry in New York State. Now, Therefore, Be It Further Resolved: That permission is granted to accept the grant funds upon completion and deposit them into the aforementioned accounts. ADOPTED. NO. 120 Sponsor: Mr. Golombek Jr. UTILIZING AUCTION FUNDS FOR DEMOLITIONS Whereas: The City of Buffalo, has recently realized $4.5 million dollars of owed but unanticipated revenue from the recent foreclosure auction, and is in the process of applying the collected funds to unpaid, tax, water and garbage user -fee balances that had been levied but not paid timely in the current and prior billing periods; and Whereas: Assuming that all sales are consummated, the auction will generate 60% more in revenue when compared with auction averages over the past four years; and Whereas: Prior to the foreclosure auction the city had 500 properties awaiting demolition and it appears that after the auction an additional 500 properties will require demolition for a total of 1,000 properties needing immediate demolition; and Whereas: Vacant and abandoned properties affect the quality of life of many city residents and drain valuable resources from the fire, police and inspections department, who must respond to frequent calls to such properties; and Whereas: The application of the auction proceeds may enable the City to recapture funds that had been set aside as an allowance for uncollectable accounts - an accepted accounting procedure whereby the City sets aside monies that have been realized from operations to offset balances that are owed but that have a low potential for collection due to continuing non - payment by the property owner; Whereas: The unanticipated auction proceeds will further benefit the City by enabling increased interest earnings from the short -term investment thereof and by decreasing borrowing costs associated with reduced short -term cash -flow loans for operations; and Now Therefore Be It Resolved That: The Common Council supports utilizing unanticipated auction funds to finance the cost of demolitions to remove vacant and abandoned properties that are affecting the quality of life of city residents. Now Therefore Be It Further Resolved That: The Commissioner of Administration and Finance and the Comptroller report back to this Council within thirty days of the feasibility of this endeavor, the amount of funds that are available for this purpose, and an action plan for the implementation thereof. Be It Finally Resolved That: That this item is referred to an appropriate Committee of the Council for further consideration if necessary. ADOPT 2 ND RESOLVE: 1 sT &3 RD RESOLVE - REFERRED TO THE COMMITTEE ON FINANCE. NO. 121 BY: MR. GOLOMBEK ORDINANCE AMENDMENT CHAPTER 35, PERSONNEL POLICIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 35 of the Code of the City of Buffalo be amended to read as follows: § 35 -5. Payment of debts; attorney's advice restricted; employment to be full -time; removal; outside employment. A. It shall be the duty of each and every one of the officers, deputies and employees of the city to pay all just debts and liabilities for necessary personal and household expenses incurred and becoming due during his or her time of service or employment with the city. In addition, prior to employment with the City of Buffalo, any applicant for a position with the City of Buffalo, the Buffalo Urban Renewal Agency, the Buffalo Economic Renaissance Corporation, the Buffalo Municipal Housing Authority, the Buffalo Sewer Authority, or any other City of Buffalo agency, must pay any outstanding debts and liabilities in arrears owed to the City of Buffalo or any agency of the City of Buffalo as a condition prior to hiring for a position. B. No person in the service of the city, being an attorney at law, shall directly or indirectly advise in relation to or aid or promote the prosecution of any action of proceeding in any court or the transaction of any business out of court in which the city is interested or to which the city is a party, except in the furtherance of the city's interest therein; nor shall any such person advise any person other than the proper city officials in relation to or in aid of the prosecution of any action or proceeding in any court or before any commission or the transaction of any business in which the city is a party or in which the city is interested. C. All officers, deputies and employees of the city, except those a part of whose time only is employed by the city, shall give the whole of their time and attention to the performances of the duties of their office or employment during the hours of such employment as fixed by ordinance; and such officers, deputies or employees shall not, after or before such hours, regularly engage in any other business, work or employment without the consent of the head of the department in which they are respectively employed, except as is otherwise provided by law. D. A violation of this Article shall be sufficient cause for the removal from his office or position of a person committing such violation. E. Any employee of the city, other than a police officer or a paid employee of the Department of Police or other law enforcement agency whose compensation is less than five thousand dollars ($5,000.) per annum, may, subject to the foregoing provisions of this section relating to employees engaging in other business, work or employment generally, be likewise employed with any firm, association or corporation which is licensed by the State Racing Commission or the State Harness Racing Commission to conduct parimutuel racing or which is licensed to conduct its occupation, trade or business at racetracks at which parimutuel race meets are conducted or which owns or leases to any licensed association or corporation a racetrack at which parimutuel racing is conducted or which participates in the management of any licensee conducting racing. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Matter underlined is new. Matter in brackets to be deleted. Corporation Counsel PASSED. AYES -9. NOES -0. NO. 122 BY: MR. THOMPSON ALLOWING BUS PASSES FOR BPS STUDENTS TO INCLUDE INTERNSHIP /COMMUNITY SERVICE LOCATIONS Whereas: The NFTA and City of Buffalo's Board of Education have agreed upon a policy in which student metro passes are only valid between their listed home address and school address; and Whereas: It is now mandatory for each student to complete an allocated number of community service hours, in order to graduate from a City of Buffalo Public High School; and Whereas: Community Service hours cannot be completed during the course of a normal school day; and Whereas: A majority of students and their families within the Buffalo Public School system lack the financial resources to travel to their respective organizations to complete their community service hours. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Niagara Frontier Transit Authority and the Board of Education research and report on the feasibility of allowing high school students of the Buffalo Public School system to use their current bus passes for transitory purposes in order to complete mandatory internships and /or community service requirements in order to graduate; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Education, in addition to seeking responses from the Board of Education and the Niagara Frontier Transit Authority. ADOPT 1 ST RESOLVE; 2 ND RESOLVE - REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, NFTA, BOARD OF EDUCATION. NO. 123 By: Mr. Thompson Co- Sponsors: Mr. Fontana, Mr. Davis ESTABLISH A SENIOR CITIZENS DISCOUNT FOR THE GARBAGE USER FEE Senior Citizens that apply and qualify for the Senior Property Tax Exemption Program within the Tax Assessment Office in City Hall, may be eligible for a 40% water only discount through American Water Services; and Participants for the enhanced STAR program must be 65 years of age or older and meet combined income guideline requirements not to exceed $66,050 (Federal Adjusted Gross Income), in addition to providing proof of primary residency, ownership; and property requirements; and Recipients of the senior property tax exemption will automatically receive the enhanced STAR exemption. Applicants must be 65 years of age or older and meet combined income guideline requirements not to exceed $32,399 (Federal Adjusted Gross Income), in addition to providing proof of primary residency, ownership of property at least 12 months prior to applying, and eligible property requirements; and Whereas: Properties are listed on the foreclosure auction due to a combination of overdue property taxes and sewer fees, the garbage user fees, and water bills; and Whereas: A majority of senior citizens are on fixed incomes, and currently receive financial assistance with property taxes, water service, and other utility services; and Whereas: A senior citizen discount for the garbage user fee should be implemented to assist the elderly in maintaining their property, keeping piece of mind, alleviating financial hardship, and keeping property off of the foreclosure list. Now, Therefore Be It Resolved That: This Common Council approves a 40% Senior Citizen Discount for all garbage user fee customers for owner occupied properties that qualify for enhanced STAR and /or the senior property tax exemption program to be implemented at the beginning of the fiscal year for 2006 -2007; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Finance, and requests responses from the Department of Assessment & Taxation and Corporation Counsel to be filed by the next Council meeting on Tuesday, November 15, 2005. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL & COMMISSIONER OF ADMINISTRATION AND FINANCE. NO. 124 By: Mr. Thompson REQUEST FOR ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY IN DEMOLISHING AND REMEDIATING 537 E. DELAVAN AVENUE Whereas: The vacant, old Houdaille Plant property has been in Judge Henry J. Nowak's City of Buffalo Housing Court since the year 2000 for multiple building code violations; and Whereas: The site is a neighborhood eyesore, as it has accumulated various types of residential and industrial debris, including mounds of rubber tires, garbage, and unruly vegetation; and Whereas: It is also a public safety hazard due to a broken perimeter fence, allowing public access, with the possibility of squatters living within the property, along with the threat of possible toxic waste containers storing hazardous materials and soil contamination. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Department of Permits & Inspection Services perform a structural integrity and environmental assessment report of the site located at 537 East Delavan Avenue; and Be It Resolved That: This Common Council also hereby requests the assistance of the Environmental Protection Agency in demolishing the structure and remediating the land at 537 East Delavan Avenue; and Be It Finally Resolved That: This Common Council also hereby requests that copies of this item be forwarded to U.S. Senators Hillary Rodham Clinton and Charles Schumer, Environmental Protection Agency Region 2 and local offices, the City of Buffalo Department of Permits & Inspections, and City of Buffalo Housing Court Judge Henry J. Nowak. ADOPTED. 10 DIN ptl BY: MR. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Stephanie Simeon NO. 125 APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Elizabeth Timineri Paul Clift Michael Donovan David Zafuto John Caputo Kevin Coyne John Plevniak Total 7 ADOPTED 10 DIN ptl BY: MR. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Stephanie Simeon Total: 1 ADOPTED. NO. 127 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wednesday, November 9, 2005 at 9:30 o'clock A.M. Committee on Finance following Civil Service Wednesday, November 9, 2005 at 10:00 o'clock A.M. Committee on Comm. Dev. Wednesday, November 9, 2005 at 1:00 o'clock P.M. Committee on Legislation Wednesday, November 9, 2005 at 2:00 o'clock P.M. Special Committees Budget Thursday, November 10, 2005 at 11:00 o'clock A.M. in Room 1417 City Hall. MBEC Monday, November 14, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall (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. NO. 128 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mr. Thompson, the Council adjourned at 3:10 p.m. GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #9 OFFICE OF THE MAYOR -201 CITY HALL OCTOBER 20, 2005 Present:; Anthony M. Masiello, Mayor; David A. Franczyk, Council President - Darby Fishkin, Deputy Comptroller, Michael Risman, Corporation Counsel -4 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the months of October 2005 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2005 amounting to $6,565.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. NO. 3 On motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m.