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HomeMy WebLinkAbout05-1115-PPNo.21 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 15, 2005 FIRE AND POLICE PENSION NOVEMBER 17, 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 16, 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 - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 1 AMEND EASEMENT (606 ELMWOOD) FOR WALKWAY TO PARKING LOT AT 304 WEST UTICA NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Michael E. Ferdman on behalf of FJF Development, LLC requesting to amend the current easement the City has with 504 -506 Elmwood, Inc. for the walkway on Elmwood going to the parking lot at 304 West Utica. FJF Development, LLC purchased (or is about to purchase) the land and building at 506 Elmwood Avenue. They plan to demolish the old building and replace it with a new building. The south wall of the existing building (and of the new building) will border the walkway from the Utica Avenue parking lot to Elmwood Avenue. FJF Development, LLC is requesting to take back a portion (8.29' x 42.82') of the easement highlighted in yellow and give the City additional space approximately (2' x 37.38') highlighted in brown (see attached diagram). The area with the diagonal lines is the new proposed easement area to be given to the City by the owners of 506 Elmwood. Note that the City has another easement with 1256 Hertel Avenue Associates, which gives the City access to the remaining portion of the walkway. Basically, the portion of the building closest to the Utica parking lot currently jogs back a bit from the walkway. The new building will eliminate the jog causing fewer square feet of the walkway in the back. The edge of the building on the Elmwood side will result in more square footage and a wider walkway on the Elmwood side. There will be a net reduction of approximately 262 square feet in the easement walkway as a result of the new building and proposed easement amendment. FJF Development, LLC has already submitted site plans and obtained approvals from the City Preservation Board, the City Planning Board and the Zoning Board of Appeals. The Board of Parking was also contacted and they have no objection to the proposed amended easement. I am recommending that Your Honorable Body approve the attached proposed amended easement agreement, which was prepared by the City's Corporation Counsels Office and authorize the Mayor to execute the same. MODIFICATION TO EASEMENT AGREEMENT Reference is made to that certain Easement Agreement dated May 18, 1999 between 504 -506 Elmwood Avenue, Inc. ( "Original Grantor ") and The City of Buffalo ( "Grantee ") and recorded on July 9, 1999 in Liber 10954 of Deeds at Page 1289 in the Erie County Clerk's Office (the "Original Agreement "). WHEREAS, FJF DEVELOPMENT, LLC (the "New Owner ") has acquired title to the improved real property (commonly known as 504 Elmwood Avenue - legally described on Schedule A attached hereto and made a part hereof) burdened and encumbered by the Original Agreement (the "Burdened Property "), WHEREAS, the New Owner plans to demolish the existing improvements on the Burdened Property and to construct a new three (3) story mixed use residential /commercial /retail building on the Burdened Property, WHEREAS, the New Owner's new building plans for the Burdened Property call for construction of the new building that will result in a slightly changed shape of the easement fights granted to Grantee under the Original Agreement, , WHEREAS, the changes in the easement shape will not interfere with the purpose of the original easement, namely the public's access to Elmwood Avenue from the Utica Parking Lot, WHEREAS, the New Owner has requested that the Grantee consent to this Modification to Easement Agreement, NOW, therefore, in consideration of the facts contained in the foregoing recitals and for other good consideration the parties hereto do agree as follows: The recitals contained in this Modification to Easement Agreement are true and are incorporated hereby into the body of this Agreement as if again fully herein set forth. New Owner and Grantee hereby delete paragraphs 3,4 and 6 of the Original Agreement. Paragraph 1 of the Original Agreement is modified to read: That the Grantee will indemnify and hold harmless the New Owner against any losses that arise from the use of the Easement Area by the general public, but nothing shall relieve New Owner from liability arising from the negligence of the New Owner, its agents, servants and /or Employees. This indemnity does not extend to users of New Owner's building. of the Original Agreement is modified to read: That the Grantee shall be solely responsible for maintaining the Easement Area in good condition and repair, including removal of trash and debris and responsible for such others as imposed by law on an occupant of property. New Owner shall remove ice and snow from the Easement Area, but notwithstanding anything to the contrary/ this covenant shall not be deemed to impose on New Owner any liability for claims arising from use of the Easement Area by the general public. Grantee and members of the public shall have the right to use the Area as a pedestrian pathway in perpetuity without limit. New Owner warrants and represents to Grantee that the New Owner is the owner of the Burdened Property and that there is no mortgage lien(s) and or other encumbrances on the Burdened Property that are superior to or could cause the Original Agreement as modified by this Agreement to be wiped out or otherwise impaired and /or compromised. Grantee in consideration of all the foregoing hereby consents to change the Easement Area as contained in the Original Agreement to instead cover only the area specifically shown and depicted and or otherwise described on Schedule B attached hereto and made a part hereof. Grantee is hereby given the right to unilaterally modify this document by executing and recording at any time a document dated subsequent to the date hereof which more precisely defines the revised Easement Area. The New Owner shall, at New Owner's sole cost and expense, furnish Grantee with a survey and a metes and bounds legal description of the new building /Easement Area on an as - built basis after completion of construction of the new building. New Owner has the right to close the Easement Area down during demolition of the building on the Burdened Property and during construction of the new building on the Burdened Property for periods of time not to exceed a total of six (6) months in the aggregate. Mr. Coppola moved: That the above communication from the Department of Strategic Planning dated November 9, 2005, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to amend the current easement the City has with 504- 506 Elmwood, Inc. for the walkway on Elmwood going to the parking lot at 304 West Utica. That the Mayor be, and he hereby is authorized to executed the attached proposed amended easement agreement. PASSED AYES - 9 NOES -0 NO. 2 REQUEST FROM PL PL DEVELOPMENT LLC (D /B /A BUDWEY'S KENMORE SUPERMARKET) TO LEASE 32 SETTLE (8' STRIP OF LAND RUNNING FROM KENMORE TO SEATTLE) UNIVERSITY DISTRICT The Office of Strategic Planning, Division of Real Estate, had a lease agreement with Scrivener of New York, Inc. f /k/a S.M. Flickinger Co., Inc. for City owned property located at 32 Seattle (a 8' strip of land that runs from Kenmore Avenue to Seattle). The former Jubilee Supermarket has now been taken over by PL PL Development LLC (d /b /a Budwey's Kenmore Supermarket). The Division of Real Estate has received a letter from Frank Budwey owner of Budwey's Supermarket requesting to enter into a lease agreement similar to the one the City had with Scrivener of New York, Inc. f /k/a S.M. Flickinger Co., Inc. The City owned property at 32 Seattle is a narrow 8' strip containing a sewer main. It is a paved area and used as part of the parking lot for the properties located at 396 & 400 Kenmore Avenue. The terms of the lease shall include but not limited to the following: 1. Lease for a three year period 2. An annual rental of One Hundred Eighty Dollars ($180.00) 3. Said premises, or any part thereof, shall not be used by the Lessee other than parking purposes in conjunction with the operation of its facilities. 4. No structure or building of any nature shall be constructed over said premises. 5. No loads in excess of Five Hundred (500) pounds per square foot may be applied to the ground over and above the drain which lies under the demised premises. 6.Tenant would be responsible to maintain the property and keep it clean and healthful conditions free of snow, ice and debris. The Lessee further agrees to use all reasonable precautions to prevent waste and agrees not to throw or deposit any dirt or other objectionable material in the areas in or about said premises. 7.The Lessee agrees to clean, maintain and keep in a cleaned condition that area immediately behind the leased premises commonly known as Seattle Street, a paper street, at no expense and no liability to the City. 8.The City of Buffalo and the Buffalo Sewer Authority reserve the right to enter upon said premises for the purpose of inspecting, cleaning, maintaining or repairing the drain at any time, and that any obstruction upon the said premises shall be removed by the Lessee solely at the expense of the Lessee. 9. Neither the City of Buffalo nor the Buffalo Sewer Authority shall be responsible or liable by reason of the existence of the drain on said property or for any damage or injury to the personnel or property of the Lessor to any other person or corporation who may enter upon said premises with the consent of the said Lessee, by reason of the failure of the drain to hold any load upon the surface of said premises. 10.That on all areas paved within the demised premises, the Lessee shall be responsible for raising the existing manholes to the new grade, and further, if any new pavement is disturbed, because of sewer maintenance, repair, etc. by the Lessor, the City of Buffalo and the Buffalo Sewer Authority shall not be liable for repairs to the said disturbed pavement. 11 That any use of the above described premises by the Lessee, its servants, agents, employees or invitees, shall be at all times subject to the supervision of the Buffalo Sewer Authority, and its officers or inspectors may at any time enter upon the premises to see that the above conditions are not being violated, and in case of any violations, the opinion of the Engineer of the Buffalo Sewer Authority in the determination of such violations shall be final. 12.This lease shall be subject to cancellation at any time by the City of Buffalo upon sixty- (60) days written notice. 13. The Lessee further agrees that it will hold the Lessor harmless of and from any and all liability of whatever name and nature and however caused in the use of the premises. The type and amount will be determined by the City's Corporation Counsel's Office. The City of Buffalo and the Buffalo Sewer Authority shall be named as additional insured on said policy. 14.The Lessee further agrees that it will not, during the continuance of this lease, create or suffer to be created, any nuisance on or about the premises; and it will cause the sidewalks and the street in front of the premises to be duly cleaned as may be required by any ordinance or regulation of the City of Buffalo and will be responsible to the Lessor for any loss or damage to which it shall be put by reason of any default thereon.. I am recommending that Your Honorable Body approve the request of PL PL Development LLC d /b /a Budwey's Kenmore Supermarket to lease 32 Seattle upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning dated November 3, 2005, be received and flied; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and PL PL Development LLC (d /b /a Budwey's Kenmore Supermarket), for use of property at 32 Seattle for a three (3) year term with the terms and conditions as listed in the above communication. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 3 SIGN & STOREFRONT IMPROVEMENT PROGRAM Please accept this letter as response and comment to adopted Common Council resolution: "Sign and Storefront Improvement programs" Resolution #159 CCP September 20, 2005. The Buffalo Economic Renaissance Corporation (BERC) continues to manage the various sign and storefront programs that still have funding. In some cases Common Council members have elected to utilize their Community Development Block Grant (CDBG) allocation to keep the sign and storefront programs in their districts operating. This past year BERC provided 61 grants totaling $161,544.55 in grants resulting in $223,273.41 in private investment and 23 jobs created /retained. Unfortunately, BERC cannot fund both programs (CARE & Sign and Storefront) with the allocation received for facade grants. However, as always, we look forward to allocations received from Common Council members interested in keeping the sign and storefront program operating in their district. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 4 PARKS REVIEW UNDER "INTERMUNICIPAL COOPERATION AGREEMENT FOR OPERATION, MANAGEMENT AND IMPROVEMENT OF CITY OF BUFFALO PARKLANDS." Audit Objectives: To review the condition of various City of Buffalo parks now maintained by the County of Erie as per the "Intermunicipal Cooperation Agreement for Operation, Management and Improvement of City of Buffalo Parklands" in order to determine their level of maintenance, in accordance with this agreement. Audit Program: In order to determine the condition of each park reviewed, the following items were observed. Each item was given a number from one to five, five being the worst rating. All categories were reviewed at each location visited and pictures were taken. Not every location had the equipment or facilities we sought to review. The inspection took place over five days and results of the rating were reviewed by the team for a second time after completing the walking tour. The categories chosen do not require an expertise in forestry or engineering but to provide a citizen with a common sense appraisal of the condition. Comments on Individual Parks Delaware Park - The Park was beautiful when we visited, except for the brown grass. Rain has since cleared up that problem. Some bathrooms were closed, notably near the 198 expressway, and a few paths need work. Overall, this is a great park to visit. As with every Olmsted Park we visited, we spotted employees working on various tasks as we made our review. Gates Circle - Although not strictly a park, it is a valuable respite from the city's concrete. Good benches and grass provide a great place to take a break if you work at the hospital. The fountain's use as a pool has been curbed by signage and opening of other pools in other parks. Amherst /Middlesex - Green space for the neighborhood. Nothing here but trees and grass. Masten Park - Of all the parks visited, this is one of the two worst. It needs major repairs to the recreation building, due to many incidents of vandalism. A chain link fence was stolen two days before our inspection. Neither of the two pools was operational. New playground fixtures were being installed during our visit. A night watchman or increased Police patrols need to be implemented. Hopefully, this would stop the actions of the few individuals bent on destroying equipment, damaging the recreation building and stealing its equipment. Sperry Park - A small area but very clean and well kept. John F Kennedy Park - A larger park, with playgrounds and a ball diamond. Graffiti and petty vandalism keeps this from being a fabulous family park. LaSalle Park - A beautiful playground with a nearby pavilion. A great place for kids. Fronczak Park - This area is in good shape but playground equipment needs some minor repairs and ball fields need the same. Father Conway Park - Along with Masten, this is the other park that needs major attention. Litter was everywhere, and graffiti was everywhere on the playground equipment. The basketball and tennis courts are weed infested and overgrown; a real eyesore. It is our understanding that these courts will be broken up and removed and the area regraded. (NOTE - this did occur upon conclusion of our fieldwork) Langion Playground - A well -used playground. Valley Nature Trail / Redmond Park -The park is clean and well groomed. The natre trails provide for a great walk as well as some interesting views. One of Buffalo's hidden treasures. Erie Basin Marina - One of Buffalo's most popular parks. The gardens and flowers are rivaled only by Delaware Park's Rose Garden and the Botanical Gardens. Fantastic views, clean grounds, ample parking and the cleanest public bathrooms in Buffalo combine in Buffalo's finest non - Olmstead park. Buffalo Naval and Serviceman's Park - A park that makes it difficult to visit. The parking area is closed. The museum is open during construction, if you brave the dust, dirt and can Fred the entrance. This will be a great park to visit when construction ends. During construction, this is a public relations disaster. Walden Park - One of Buffalo's park gems. Lovely, with plenty of park to play in, a good play area and a small pavilion with grills, it seems underused. Open bathrooms would help this park. Moreland Park - A small park with ball diamonds and a batting /pitching cage. The playing fields need work. Hermapin Park - A generally clean park, with the only problem being weeds and overgrowth evident on the cement steps and between play areas /playground equipment. A crew was placing and grading wood chips into the playground area during our inspection. Martin Luther King Park - The wading pool was operational and in use during our visit. Olmstead staff were performing maintenance on the play area as we arrived. It is a clean, well maintained park. Trinidad Park - An obviously well used park. Some graffiti was evident on the recreation building. Minor repairs are needed to playground equipment. A section of the fencing needs repair /replacing. Columbus Park - Small but very well kept park. Some graffiti on building and benches could use a coat of paint. Prospect Park - Neighbor to Columbus Park and basically in the same condition. Front Park - A great, if somewhat hidden, play area. It is maintained well. Olmstead staff were watering the grass as we reviewed the park. Symphony Circle - Well kept and manicured with beautiful flowerbeds. Broderick Park - A fisherman's delight, however, the park has problems with litter. The refreshment stand was locked solidly, as were the restroom facilities. The breakwater is a VERY long walk and has some minor graffiti. Squaw Island Park - Generally in good condition, some graffiti and trash /litter evident. Overgrowth could be trimmed along the bike path /walkway. Riverside Park - Another Olmstead Park in great condition except for minor graffiti and some litter seen on the day we visited. George Washington Park - Green space that overlooks the river. It is in good condition. Towpath Park - Another small park in Buffalo that seems to be an underutilized gem. It was in good condition and provides a great view of Lake Erie. Cazenovia Park - Another jewel in the Olmstead Park system. The restrooms could use some paint and cleaning. Buffalo and Erie County Botanical Gardens - A local treasure to be cherished. Besides some brown patches in the surrounding grass area, it was perfect in every other aspect. Heavy reconstruction during our visit limited our review. Tifft Farms Nature Preserve - An amazing park to explore. Hope you like to walk! Trails are well kept and the fishing pond gets its share of attention. Building was locked when we visited. South Park - Park with golf course, another Olmstead park. It is in great condition, with the exception of the baseball diamonds deep within the park. These diamonds don't' seem to be used and that may account for their low maintenance. Heacock Park - Green space with trees and not much else. Overall good condition. Stachkowski- Houghton Park - A large but well maintained park in extraordinary condition. Shoshone Park - Well used park with the only problems being graffiti on buildings and an abundance of trash and litter. Parents who bring their children there to play were "cleaning" up litter themselves on the day of our inspection!! McCarthy Park - Newly refurbished and large park. Playing courts, walkways, ball diamonds, and playground equipment were in excellent condition. Minor landscaping was being performed during our visit there. All High Stadium - The playing field is in excellent condition, the seating area needs work and cement bleachers are crumbling and weed infested. County money was set aside to repair this facility, but under the current crisis that issue seems in doubt. Park Awards (and Raspberries) Best Overall Park - Erie Basin Marina. It's clean. It's beautiful. It's fun. What else is there? Worst Overall Park - Father Conway Park. It's trash infested, not maintained well, and needs major work. REFERRED TO THE COMMITTEE ON FINANCE NO. 6 MAYORS 2006 CAPITAL BUDGET RECOMMENDATION AND FIVE YEAR PLAN I am pleased to endorse the mayor's proposed capital spending plan for 2006 because the combined total of $29.2 million, which was also recommended by the Citizen's Planning Council, is right on the mark in terms of meeting the proposed capital bonding limit I have established. That number, $29.2 million, includes $2.5 million in new debt for the Buffalo Board of Education. The mayor's $29.2 million budget does not include reimbursable projects, and that is in keeping with my debt management policy. I also applaud the rescission of over $13 million in authorized but unissued debt. We must, as a city, maintain our quality of life standards, including infrastructure improvements that in some cases are overdue. We have monitored capital spending closely for several years, since the institution of the capital debt management policy by the comptroller in 2000. We are tracking on the right course, and the mayor's proposed 2006 budget is in keeping with that effort. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 6 BOARD OF ASSESSMENT REVIEW APPOINTMENT, PERMANENT MEMBER I am respectfully requesting the Common Council reappoint William Maggio, 230 Wellington Road, Buffalo, NY 14216, to a five (5) year term on the Board of Assessment Review and appoint Coralia J. Hetzner, 67 Lancaster Ave, Buffalo NY 14222, to replace and fill the unexpired five (5) year term that runs until September 30, 2007 of Robert Zielinski who resigned. Mr. Maggie served on the Board of Assessment Review as a temporary member from 1998 to 2000 followed by his appointment to a five (5) year term as a permanent member which expired on September 30, 2005. Mrs. Hetzner served two (2) years as a permanent Board of Assessment Review member from 1998 to 2000 filling the unexpired term of a member who resigned. Since 2000 she has continued to serve as a temporary member. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re- appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I respectfully request the Common Council reappoint William Maggio to a five (5) year term and appoint Coralia J. Hetzner to fill the unexpired term that runs until 9/30/07 as soon as possible so that the required State training can occur before commencement of hearings. Mr. Coppola moved: That the above communication from the Commissioner of Assessment & Taxation dated November 9, 2005 be received and filed; and That the reappoint of William Maggio, 230 Wellington Road to a five (5) year term and appoint Coralia J. Hetzner, 67 Lancaster to fill the unexpired term that runs until 9/30/07 as soon as possible, as members of the Board of Assessment Review, be and hereby are approved. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS NO. 7 NOTIFICATION SERIAL # 10035 PERMISSIVE PARKING - REPEAL ON HUMBOLDT PARKWAY - NORTH SERVICE DRIVE, NORTH SIDE BETWEEN MAIN STREET AND AGASSIZ CIRCLE (DELAWARE DISTRICT) PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days atter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Humboldt Parkway -north service drive, 2 hour parking north side between Main Street 7am to 7pm and Agassiz Circle Except Sunday Waive 45 Days RECEIVED AND FILED NO. 8 REPORT OF BIDS CITY COURT LOBBY CEILING RENOVATIONS JOB NO. 0543 ELLICOTT DISTRICT I advertised for on October 10, 2005 and received the following formal bids for Buffalo City Court, Lobby Ceiling Renovations, on October 24, 2005. Miller Enterprises $35,000.00 12 Newfield, Buffalo, NY Allgaier Construction $57,760.00 4790 Thompson, Clarence, NY D Land Construction $64,379.11 403 Main, Buffalo, NY C. H. Byron Co. $82,000.00 465 Creekside, Amherst, NY Tunney Electric $15,995.00 8565 Roll, Clarence Ctr, NY Tunney Electric withdrew their bid on 10126105 due to an error. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a base bid in the amount of Thirty Five Thousand and 00/100 Dollars ($35,000.00), 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 35320806 445100 - Buildings. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 31, 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 Buffalo City Court, Lobby Ceiling Renovations, to Miller Enterprises, the lowest responsible bidder, with a base bid in the amount of $35,000.00. Funds for the project are available in 35320806 445100 - Buildings. PASSED AYES - 9 NOES -0 NO. 9 REPORT OF BIDS - GENERAL CONSTRUCTION [: 2005 FALL TREE PLANTING ELLICOTT) I advertised on October 27, 2005 and have received the following bids for Downtown Tree Plantings, which were publicly opened & read on November 4, 2005. General Contractor Base Bid Unit Price Increase Village Green Landscaping $44,085.75 $48,494.33 Lakeview Road Hamburg, NY 14075 Gleason's Nursery $45,906.00 $50,496.60 4780 Sheridan Drive Williamsville, NY 14221 1 hereby certify the foregoing is a true and correct statement of the bids received and that Village Green Landscaping, Lakeview Road, Hamburg, NY 14075 is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $48,494.33' '($44,085.75 Base Bid + 10% unit price increase $4,408.58 = Total Award $48,494.33). 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $50,000.00 and funds for this work are available in account #37400206-445100 Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 10, 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 Downtown Tree Plantings, to Village Green Landscaping, the lowest responsible bidder, ($44,085.75 Base Bid + 10% unit price increase $4,408.58 = Total Award $48,494.33). Funds for the project are available in #37400206 - 445100. PASSED AYES - 9 NOES -0 NO. 10 CHANGE IN CONTRACT DELAVAN FILLMORE FIRE STATION CONSTRUCTION JOB #0433 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, Davis Fire Protection & Services, LLC, C #92010982. 1. Omit water service work performed by Plumbing Contractor. Deduct $18,500.00 The foregoing change results in a net decrease in the contract of Eighteen Thousand Five Hundred and 00/100 Dollars (- $18,500.00). Current Contract Amount $ 72,450.00 Amount of This Change Order ( #1) Deduct $18,500.00 Revised Contract Amount $ 53,950.00 Costs have been reviewed by the Consulting Architect (Foit Albert 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 31, 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 Davis Fire Protection & Services, LLC, a decrease in the amount of $18,500.00, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, C #92010982. 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, HVAC Work, Parise Mechanical, Inc., C #92010967. 1. Credit for not relocating existing plymovent exhaust fan.. Deduct $ 371.00 2. Relocate existing plymovent exhaust duct from gymnasium to the existing hose tower and out the side of the tower, using existing recessed brick opening on the east side of the hose tower. Add $ 1,265.00 3. Combine the two kitchen exhaust hood ducts into one Add $ 1,081.00 The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Seventy Five and 00/100 Dollars ($1,975.00). Current Contract Amount $ 99,712.00 Amount of This Change Order ( #3) $ 1,975.00 Revised Contract Amount $101,687.00 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 38320206 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 November 1, 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. 3, to Parise Mechanical, Inc., an increase in the amount of $1,975.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, HVAC Work, C #92010967. Funds for this project are available in 38320206 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, HVAC Work, Parise Mechanical, Inc., C #92010967. 1. Provide and install (1) replacement boiler of identical size and (3) hot water pumps, upsized from Y4 HP to Y2 HP. $10,614.00 The foregoing change results in a net increase in the contract of Ten Thousand Six Hundred Fourteen and 00/100 Dollars ($10,614.00). Summary: Current Contract Amount $101,687.00 Amount of This Change Order ( #4) Add $ 10,614.00 Revised Contract Amount $112,301.00 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 38320206 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 November 2, 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. 4, to Parise Mechanical, Inc., an increase in the amount of $10,614.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, HVAC Work, C #92010967. Funds for this project are available in 38320206 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 13 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. JM #31 - Provide and install house traps required by the City. Add $ 3,165.00 The foregoing change results in a net increase in the contract of Three Thousand One Hundred Sixty Five and 00/100 Dollars ($3,165.00). Summary: Current Contract Amount $1,182,294.05 Amount of This Change Order ( #9) Add $ 3,165.00 Revised Contract Amount $1,185,459.05 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 38320206 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 November 1, 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. 9, to The Peyton Barlow Co., Inc., an increase in the amount of $3,165.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, General Construction, C #92010964. Funds for this project are available in 38320206 445100 - Division of Buildings. NO. 14 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, Electrical Work, Tunney Electric, C #92010831. 1. RFI #37 - Electrical box relocations. Add $ 46.00 2. RFI #118 - Provide and install circuit breakers. Add $2,764.58 The foregoing change results in a net increase in the contract of Two Thousand Eight Hundred Ten and 58/100 Dollars ($2,810.58). SUMMARY: Current Contract Amount $525,997.69 Amount of This Change Order ( #11) ADD $ 2,810.58 Revised Contract Amount $528,808.27 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) 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 November 4, 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. 11, to Tunney Electric, an increase in the amount of $2,810.58, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Electrical Work, C #92010831. Funds for this project are available in 38321006 445100 - Division of Buildings. NO. 15 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, Patrick Development of WNY, Inc., C #92010833. 1. RFI #144 - Furnish and install additional steel work for speaker support. Add $ 1,927.00 The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Twenty Seven and 00/100 Dollars ($1,927.00). Summary: Current Contract Amount $3,097,693.86 Amount of This Change Order ( #12) Add $ 1,927.00 Revised Contract Amount $3,099,620.86 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) 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 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 31, 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 $1,927.00, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Construction, C #92010833. Funds for this project are available in 38321 006 445100 - Division of Buildings. PASSED AYES — 9 NOES — 0 NO. 16 Fiber Optic Facilities Wiltel - Williams Communications "C. Wallace - WilTel -Req. to Renew or Enter Into New Agree. -Fiber Optic Facilities" ( #74 C.C.P. June 28, 2005) WilTel Communications, LLC, formerly known as Williams Communications, Inc., has submitted a request to your Honorable Body for a renewal of the existing to use the City's Right Of Way to provide telecommunications services. We recommend that the existing agreement be renewed for a five -year period. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF POLICE NO. 17 Drug Asset Forfeiture Wire Transfers Item No. 104, C.C.P. 2/2/88 05 -DEA- 447493 C2 -95 -0189 $ 4,991.34 05 -DEA- 449748 C2 -04 -0066 6,396.99 05 -DEA- 450649 C2 -04 -0018 242.48 TOTAL $11 The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Chief Richard Ortiz at 851 -5181. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 [ "Mandatory Distribution of Sex Offender Information to all Schools "] [Item #129, C.C.P. October 4, 2005:] Since the effective date of the New York State Sex Offender Registration Act ( "Megan's Law ") in 1996, the Buffalo Police Department has routinely forwarded information on all registered sex offenders living within the City of Buffalo who are eligible for public notification to the Buffalo Public Schools and the Catholic Diocese of Buffalo. The Buffalo Police Department will compile a list of private and charter schools to forward this information to those entities. Per New York State Division of Criminal Justice Services (NYS DCJS), the Sex Offender Registration Act directs that "'local law enforcement agencies are notified whenever a sex offender moves into their jurisdiction. That agency may notify schools and other "entities with vulnerable populations" about the presence of a Level 2 or Level 3 offender if the offender poses a threat to public safety. While such notification is not mandatory under the law, it has been the policy of the Buffalo Police Department to make such notifications. With regard to distribution to parents and students by schools, NYS DCJS states: "Persons or organizations receiving information may disseminate it to others at their discretion. New York State Corrections Law states: § 168 -r. Immunity from liability 1. No official, employee or agency, whether public or private, shall be subject to any civil or criminal liability for damages for any discretionary decision to release relevant and necessary information pursuant to this section, unless it is shown that such official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public. 2. Nothing in this section shall be deemed to impose any civil or criminal liability upon or to give rise to a cause of action against any official, employee or agency, whether public or private, for failing to release information as authorized in this section unless it is shown that such official, employee or agency acted with gross negligence or in bad faith. In some communities, school districts routinely mail copies of the sex offender reports received from the local law enforcement agency. However, the Sex Offender Registration Act does not require that school districts do such notification. The Buffalo Police Department has worked with the Buffalo Public Schools and other entities since the Sex Offender Registration Act became law, and provided all requested assistance in this matter. We will provide such entities with any additional information necessary to inform their policy and procedure decisions. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 19 Return from Leave of Absence A. Shea Public Safety Dispatcher Anthony Shea, assigned to Radio, has returned from his personal leave of absence without pay effective October 24, 2005. RECEIVED AND FILED NO. 20 Return from Leave of Absence M. ROWE Report Technician Michelle Rowe assigned to E District, rescinds her medical leave of absence without pay effective 1500 hours on 10/27/05. RECEIVED AND FILED NO. 21 Return from Leave of Absence T. VIVOLO Report Technician Tina Vivolo assigned to the Commissioners Office, rectums from her maturity leave of absence without pay effective 10/29/05. RECEIVED AND FILED NO. 22 Certificate of Appointment Appointment Effective: October 19, 2005 in the Department of: Police Division of: Detective Bureau to the Position of: Detective Permanent Promotion at the: Flat Starting Salary of: $ 59 909 DOUGLAS KOPP 90 HILL WOOD DR CHEEKTOWAGA, NY 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 23 Certificate of Appointment Appointment Effective: October 19, 2005 in the Department of: Police Division of: Detective Bureau to the Position of: Detective Promotion at the: Flat Starting Salary of: $ 59,909 ROBERT ROSENSWIE III 12403 KERN RD SPRINGVILLE NY 14141 REFERRED TO THE COMMITFEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 24 MMRS Contract Modification #2 The Department of Fire is requesting approval to accept and expend an additional $280,000 to be received from FEMA- US Department of Homeland Security under contract #282 -00 -0028. This would be modification #2 under the original contract. The original Metropolitan Medical Response System contract and modification #1 was previously approved on September 5, 2000, CCP #57. These funds will be used by the Division of Homeland Security to continue to upgrade our terrorism plans and response with respect to the Metropolitan Medical Response System Program. Mr. Coppola moved: That the above communication from the Commissioner of Fire dated October 28, 2005, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized on behalf of the City to accept and expend an additional $280,000 to be received from FEMA -US Department of Homeland Security under contract #282 -00 -0028, modification #2. PASSED AYES — 9 NOES — 0 NO. 26 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE November 7, 2005 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Service TO THE POSITION OF Battalion Chief Provisional Promotion at the flat Starting salary: $ 67,750 Joseph Fahey 232 Lorfield Amherst, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 26 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: November 7, 2006 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Service TO THE POSITION OF: Fire Captain Permanent Promotion at the flat Starting salary $62, 136 Louis Angrisano 42 Delham Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: November 7, 2005 IN THE DEPARTMENT OF: DIVISION OF: Fire Service TO THE POSITION OF: Fire Captain Contingent Permanent Promotion at the flat Starting salary of: $62,136 Mark Morganti 100 Kettlerun E Aurora, NY 14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 28 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: November 7, 2005 IN THE DEPARTMENT OF: FIRE DIVISION OF:Fire Service TO THE POSITION OF: Fire Lieutenant Permanent Promotion at the flat Starting salary of $59,134 Mark Egloff 260 Columbus Buffalo, NY 14220 REFERRED TO THE COMMITFEE ON CIVIL SERVICE No. 29 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: November 7, 2005 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Service TO THE POSITION OF: Fire Lieutenant Contingent Permanent Promotion at the Flat Starting salary of $59,134 Patrick Stanton 28 Maple Ave Hamburg, NY 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No. 30 Second Hand Dealer 291 Parkside (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 291 Parkside 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 Michael O'Connell. The attached thereto for Michael O'Connell d /b /a Trend Furnishings. 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 31, 2005 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Michael O'Connell d /b /a Trend Furnishings located at 291 Parkside Avenue. PASSED AYES — 9 NOES — 0 NO. 31 Used Car Dealer 1275 Bailey (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 1275 Bailey 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 Charles Gioeli. The attached thereto for Charles Gioeli. d /b /a Chuck Gioeli Automotive. 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 November 2, 2005, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Charles Gioeli d /b /a Chuck Gioeli Automotive, located at 1275 Bailey Avenue. Passed. AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 32 BURA SALARY REIMBURSEMENT ( #2 CCP NOV 1, 2005) The loss of CDBG reimbursement for building inspectors is clearly an issue that needs to be addressed by the City's policymakers. Last year's reimbursement, which will be realized in the current year, was only $203,000 against a budget of $952,000. This shortfall also resulted in the loss of nearly $84,000 in indirect cost reimbursement. The City is dedicating a minimum of 10 building inspectors to Strategic Planning targeted zones and receiving only partial reimbursement for their services, leaving the General Fund to bear the additional expense. In addition to the revenue problem, the current situation is also resulting in operational problems. The Inspections Department is experiencing difficulty in covering the remainder of the City, outside the targeted zones, with its remaining personnel. The Common Council and the new administration will ultimately have to decide whether this is a productive use of building inspectors in light of the level of reimbursement. I understand that this item will be addressed more thoroughly during next week's budget committee meeting. I will attend that session to discuss this matter further. RECEIVED AND FILED NO. 33 CONTRACT TO DEBT RECOVERY SERVICES The amended Contract for Debt Recovery Services with Mercantile Adjustment Bureau, Inc. is being forwarded for your approval. Mr. Coppola moved: That the above communication from the Commissioner of Fire dated November 10, 2005, be received and filed; and That the Commissioner of Administration and Finance be, and he hereby is authorized to enter into an amended agreement with Mercantile Adjustment Bureau, LLC for Debt Recovery Services for debt collection services to the City on certain past due accounts owed to the City. PASSED AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8 NOES — FONTANA -1 NO. 34 CREATION OF A CITY VALET PARKING ZONE ITEM NO. 8 C.C.P. 11/1/05 I concur with the Department of Public Works communication of October 18, 2005. As I stated previously this ordinance will not allow valet companies to free lance when it comes to valet parking in the City of Buffalo. This ordinance will allow the City of Buffalo to monitor all valet parking by issuing permits and regulating where they can valet or they cannot valet. If you have any further questions please feel free to contact me. RECEIVED AND FILED NO. 35 EST. A SR. CITIZEN DISCOUNT FOR THE GARBAGE USER FEE ( #123 CCP NOV 1, 2005) 1 have reviewed the above referenced item and have the following comments. I believe the Law Department has previously opined that such a discount would be prohibited under the New York State Constitution. Further, the Refuse and Recycling Enterprise Fund owes the City General Fund $13.09 million as of June 30, 2004 for accumulated enterprise fund deficits. The first use of any monies collected should be to pay off as many outstanding General Funds loans as possible to enable the City General Fund to meet the Unreserved /Undesignated fund balance requirement established by the Buffalo Fiscal Stability Authority. Once the fund balance threshold has been achieved, I would recommend using the additional funds, if any, in subsequent budgets to mitigate tax and /or fee increases. I trust this addresses your inquiry. I am available to discuss this item further at your convenience. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 GENERAL FUND GAP SHEET - FIRST QUARTER 2005 -06 Attached please find the City's General Fund gap sheet for the first quarter of Fiscal 2005 -06 as submitted to the Buffalo Fiscal Stability Authority. Please accept this in satisfaction of the Charter requirement that I file a gap sheet with the Common Council within 45 days of the close of the quarter. The gap sheet projects a $900,000 surplus, on a budgetary basis, for the 2005 -06 fiscal year ending June 30, 2006. 1 have delivered a copy of the report to each Council office. Gap reports from the Board of Education, BURA and the Joint Schools Construction Board are also contained within the document. I hope this gap sheet informs the Council on the current status of city finances. As always, I am available to meet with the Common Council to discuss the gap sheet in greater detail. REFERRED TO THE COMMITTEE ON BUDGET NO. 37 UTILIZING AUCTION FUNDS FOR DEMOLITION (RES. #120 CCP NOV 1, 2005) 1 have reviewed the above referenced item and am sympathetic to the goal of increasing demolitions. However, I believe we first must determine whether funds are available from the last In Rem process before devising ways to spend them. On this point, I need to take exception with the resolution when it states: "Buffalo, has realized $4.5 million dollars of owed but unanticipated revenue from the recent foreclosure auction..." This revenue was, and always has been, anticipated. When a property is auctioned, the proceeds are distributed as follows: 1. City Property Taxes - Current and Delinquent; 2. Sewer Rent; 3. User Fee; 4. Water; 5. Board up costs; 6. Administrative Adjudication; 7. County Property Taxes. If any excess funds remain after this point, the County Comptroller holds them for 5 years. If after 5 years, the excess funds remain unclaimed by the old property owner, they are sent to the State Comptroller. The point is that the City's share of these auction proceeds is anticipated in the budget when we estimate property tax collections for the next fiscal year. Delinquent property tax collection estimates are contained in the property tax estimate. Further, it should be noted that the $4.5 million will only be realized if all the auction sales are consummated, which never happens, and even if they were, not all of the $4.5 million would come to the City. Beyond this, several other factors will impact the amount of funding available and each of these will require information from the Comptroller that will only be available when the books are closed for 2004 -05 and perhaps even for 2005 -06. First, we need to establish how much was collected in back taxes, user fees and water bills and how much has previously been written off as uncollectible. Next, we need to determine whether the funds collected are sufficient to enable the City to meet the Unreserved /Undesignated fund balance requirement established by the Buffalo Fiscal Stability Authority. Third, we need to determine whether the amount budgeted in the current year for uncollectible receivables is adequate. The 2005 -06 budget contains $2 million for this purpose. The 2004 -05 Reserve for Uncollectible Accounts Receivable actual was $3,665,514. This amount was lowered for 2005 -06 in light of the expanded In Rem process and the MBBA Tax Lien Securitization program. Unfortunately, the MBBA program is no longer working the way it was intended initially and this may impact the Reserve for Uncollectible Receivables. Another source of funds that may be available for the purpose indicated in the resolution is the Reserve for Capital Outlay. Funds in this reserve were raised outside of the City's Constitutional Taxing Limit and therefore can only be used for certain capital purposes. Once the books are closed for 2004 -05, the Common Council, Comptroller and administration can appropriate these funds for any eligible use, subject, of course, to the required BFSA approvals. I trust this addresses your inquiry. I am available to discuss this item further at your convenience. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 WAIVER OF PERFORMANCE BOND The Department of Administration & Finance, Division of Purchase is requesting permission from your Honorable Body to waive the performance bond requirements and alternatives to a Performance Bond as per section 96 -7 (b) of the City Charter, for the company listed below. It has requested consideration due to being a small business and the hardship of the cost in supplying a performance bond or alternatives. The commodity was competitively bid and award was made to the lowest responsible bidder meeting specifications. Delivery and inspection of product is required before payment is released. Past performance of the company was also taken into consideration. Contract #7255 - Buffalo Metal Forming - For the purchase of Snow Plow Parts for the Division of Inventory & Stores. Total of contract approx. $58,067.50. Mr. Coppola moved: That the above communication from the Department of Administration & Finance dated November 10, 2005, be received and filed; and That the Comptroller be, and he is hereby authorized to waive the performance bond requirements and alternatives to a Performance Bond as per section 96 -7(b) of the City Charter for Contract #7255 - Buffalo Metal Forming - for the purchase of Snow Plow Parts for the Division of Inventory & Stores for a total of $58,067.50. PASSED AYES - 9 NOES -0 NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective: 10/31/2005 in the Department of ADMINISTRATION & FINANCE Division of INVENTORY & STORES to the Position of LABORER II TEMPORARY Appointment, at the maximum Salary of $27,833.04 $27,833.04 ANTHONY GRECO, 47 LAFORCE PLACE, BUFFALO NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 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 54 W. Chippewa St. Third Room /LaLuna Mark Goldman 73 Hamburg St. No Name Given P. Kelleher RECEIVED AND FILED. NO. 41 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: Public Works, Parks & Streets -W. Finnegan Police -S. Brown, C. Folck, D. Cordone, T. Vivolo, V. Demps Administration and Finance -B. Taylor RECEIVED AND FILED. NO. 42 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority -11 /9/05 RECEIVED AND FILED. NO. 43 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in the various departments. RECEIVED AND FILED. DEPARTMENT OF COMMUNITY SERVICES Appointment Effective October 31, 2005 in the Department of Community Services, Division of Senior Services, to the position of Senior Citizen Aide, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Nicholas Pizzuto 147 Frontenac Avenue Buffalo, NY 14216 Robert Williams 1279 Michigan Avenue Buffalo, NY 14209 DEPARTMENT OF LAW Appointment Effective November 7, 2005 in the Department of Law, to the position of Intern V, Seasonal, Non - Competitive, at the minimum starting salary of $8.00 /hr. Sean P. Kelly 280 Woodward Avenue Buffalo, NY 14214 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective November 7, 2005 in the Department of Public Works, Parks and Streets, Division of Engineering, to the position of Laborer II, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr. Jeffrey La Frano 160 North Ogden Street Buffalo. NY 14220 NO. 44 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 ASSESSMENT AND TAXATION. Appointment Effective November 21, 2005 in the Department of Assessment and Taxation, to the position of Account Clerk Typist, Permanent, at the minimum starting salary of $26,271. Joanne Eddy 80 Good Avenue Buffalo, NY 14220 DEPARTMENT OF COMMUNITY SERVICES Appointment Effective October 31, 2005 in the Department of Community Services, Division of Senior Services, to the position of Van Driver, Temporary, Non - Competitive, at the minimum starting salary of $22,301. Joseph Provenzano 18 Seabrook Street Buffalo, NY 14207 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective November 7, 2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Laborer II, Permanent, Non - Competitive, at the minimum starting salary of $24,420. Jeremiah Adamczyk 98 Putnam Street Appointment Effective November 7, 2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationery Engineer, Temporary, at the flat starting salary of $10.25 hr. Lawrence L. Doctor Jr. 29 Boone St. Buffalo, NY 14220 Appointment Effective November 9, 2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationery Engineer, Temporary, at the flat starting salary of $10.25 hr. Dennis E. Schollard 39 Shenandoah Road Buffalo, NY 14220 Appointment Effective October 31, 2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationery Engineer, Temporary, at the flat starting salary of $10.25 hr. Edward D. Standish III 117 Imson St. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 45 CONCERNS — CLOSING OF LIBRARIES Buffalo is suffering inordinately with Y2 the closings in the entire county bring Buffalo libraries, while non - city libraries have been cut by less than 1 /4th. Buffalo is being unfairly targeted - even though Buffalo's residents pay the library tax., half of Buffalo's libraries are being closed with absolutely no plan to deliver service to those areas, not even bookmobiles, which have been mothballed since 2004. The hours and staffing of the remaining Buffalo libraries will be cut by a much greater degree than non -city libraries in 2006 as well. Buffalo libraries will have only 19 full -time while non -city libraries have 69, and Central library - ONE BUILDING -has 130! Don't allow this inequitable for 1 /3 of Erie County's population Please act quickly to support the continuing effort to save the Buffalo branches of the BECPL system, including: • supporting Councilmember Conrad's Resolution to form a Buffalo Public Library Board, with amendments discussed in the attached letter to Mr. Conrad, • supporting a Resolution opposing the closing of any Buffalo library, and • consultation with your legal counsel to find a legal way to prevent those closings, based on the inequity of service to have Buffalo's population. Please contact us as soon as possible to let us know what actions you are taking on this important issue REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 Food Bank of WNY Per our conversation at Sam's breakfast on Saturday. I am writing to inquire about al opportunity to make a short presentation about the Food Bank of WNY to the Common Council. I would very much welcome the chance to either acquaint or reacquaint Council members with what we do and for whom we provide. One of eight throughout New York State, the Food Bank of Western New York currently services some of the largest numbers of agencies in our history. Since file rules regarding adding new programs are stringent, this increase is very telling of the poverty affecting many Western New Yorkers. The Food Bank - through our member agencies - distributes enough food to feed nearly 100,000 needy individuals (40% of whom are children and 15% of whom are seniors) 1,235,000 meals each month. Thank you so much for the opportunity to present this to you and your peers. Any help you can give me will be appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 BROADWAY MARKET CERT OF INCORPORATION COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 48 REQUEST REPAIR 385 PADEREWSKI & 129 LEWIS I am writing to ask for your assistance regarding to the need to do some essential and necessary repairs at two City owned buildings that we operate. It has been brought to my attention that the roofs at Polonia Hall located at 385 Paderewski Drive and the T. J. Dulski Community Center located at 129 Lewis Street have developed significant leaks. If the leaks are not repaired soon, it is my understanding that there will be additional damage to the interior of each of these buildings. Based on our lease agreement, it is my understanding that the City of Buffalo is responsible for making these kinds of major repairs to the buildings. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 49 ENCROACHMENT 870 HERTEL My wife and I purchased 870 Hertel Avenue as an "investment" property in 1990. Since then, we have invested "thousands of dollars" in renovations and improvements into this "two- family" property over the past 15 years and have offered good, solid housing for our tenants. We have paid our real estate taxes, garbage fees and water fees religiously throughout this period. As part of our retirement portfolio, we have worked very hard in paying off the mortgage of this property. We have looked forward to the day this "investment" property would insure us of supplemental retirement income through the future rents generated through this property. About 6 months ago, the City of Buffalo started construction of a new firehouse on the property next to ours. On September 2, 1 was notified by a City of Buffalo official stating that the architect of the project "screwed up" and the eaves of this massive 90' long two story block building are encroaching on our property by almost 2'. 1 was told that it was determined that it was too "costly" to resolve this "mistake" by cutting the encroaching eaves back. I was instructed to call the City of Buffalo Real Estate Division (John Harmon) to receive an offer of compensation based or a "formula" they use. I then contacted my attorney who contacted John Harmon. Mr. Hannon stated that the city needed the easement and would get back to us on what the value of what that easement may be. With no response from the city, our attorney filed a "Notice of Claim" to the City of Buffalo, the architect Carmina and Wood, and the contractor, Concept Construction on October 14th. On October 18 our attorney received a notice for a 12 -1 -05 hearing on this matter from Corporate Counsel Michael B. Riseman of the City of Buffalo. On October 26 my attorney received a response call from Mike Shevlin of Concept Construction. Mr. Sbevlin stated Concept Construction built the firehouse as per the plans. He said it was brought to his attention that the eaves of the building had crossed the property line. The work was then halted so Concept Construction could give the city a cost for the modifications and removal of the encroaching eaves. About September 1 st, the Project Manager for Concept Construction, Tom Kidder, received a directive from Michael Bray of Carmina and Wood, the architect for this project, to halt the modification plans due to the "fix" to be unreasonable in costs. The contractor was told to continue work as normal so that they could complete the building and turn it over to the Fire Department by the end of September. I was then notified on September 2nd from the City of Buffalo official as noted above. It is obvious that the decision to complete the construction leaving the encroaching eaves in place to save someone "thousands of dollars" in corrective cost, was made before notifying or consulting with the owners of the property affected. This past Friday, October 28, my attorney received a phone call from the City of Buffalo Corporate Council Michael B. Risman. Mr. Risman stated his associate did some calculations and according to them the easement is worth about $2500 based on a value of approx. $5.00 per square foot. He also stated that he was very confident that he could obtain this easement through an "eminent domain" proceeding. He also advised that the eminent domain proceedings have been broadened by the recent change in the law and that he was confident he would have no problem with same. Obviously there must be an "economic advantage" to the architect, Camina and Woods, the General Contractor, Concept Construction, and /or the City of Buffalo to obtain this "easement" through an "eminent domain" proceeding than it would have been to address the issue back in August and remove the encroaching eaves when the opportunity existed. Eminent domain is defined as "the government's right to acquire private property without the property owner's consent where private property is needed for a public purpose." Eminent domain should not be used to obtain an easement because of a "mistake" made by an architect, contractor or city official during the construction process after the fact. Obviously, this is being done for the responsible party's financial gain as it must be more "cost effective" to obtain an easement through eminent domain than to have rectified the situation by paying the contractor for the modification and removal of the encroaching eaves and make it right. I have always taken tremendous pride in our investment property in the City of Buffalo. This Fire Department Building is certainly a project the city should be proud of under normal circumstances as it is a very impressive building. We now feel 'let down" by the city we have supported most of our lives. This two - -story Fire Station overhangs are only approximately 15 "from my roof overhang, almost two feet onto my property. This 90' building overhangs along the entire west side of our property with future rain water /snow /ice overhang damage imminent as well as leaving a dangerous hazard to our tenants as the walkway to the rear entrances is right in the direct line of the encroaching overhangs. I am saddened to say our property value as well as the economic impact of our long -term investment has been tremendously compromised by this unfortunate situation. We will suffer greatly in our ability to rent our apartments on a long term basis at fair market rates. The encroaching eaves have certainly brought on a very "intimidating" and "unsafe" situation to our property as well as our tenants. With the long, hard snow filled winter months we have here in Buffalo, the situation will only worsen year after year. We will be requesting that the City of Buffalo arrange to have the encroaching eaves removed from our property or to purchase our property at fair market value. The removal of the encroaching eaves would eliminate the unsafe conditions to the property for its tenants as well as to insure against any future water /snow /ice damage to our property. With the city purchasing the property, we will still suffer from a financial loss on a long term investment basis, but will at least give us a return of our original investment into the property. The acquiring of our property from the City of Buffalo's standpoint would give the Fire Department additional egress to the rear of the property as well as an option for additional parking. REFERRED TO THE COMMITTEE ON CLAIMS, CORPORATION COUNSEL NO. 50 K KELLEY NYRA RELICENSING PROCESS WHEREAS, the New York Power Authority is currently seeking another fifty -year license to operate the Niagara Power Project, its largest and most profitable power plant, and WHEREAS, as part of the relicensing process before the Federal Energy Regulatory Commission, the operators of hydroelectric plants are required to offer financial assistance to host communities which are negatively impacted by the operation of said hydroelectric plants, and WHEREAS, Western New York is blighted by the remains of long- abandoned industrial facilities, the construction and operation of which were made possible by Niagara hydropower, and WHEREAS, to that end, the New York Power Authority had previously offered $2 million annually, to be spent on remediation efforts in Buffalo and Erie County, and WHEREAS, Congressman Brian Higgins and a host of other local leaders, including this Honorable Body, called for an increased settlement of $10 million per year, plus interest, and WHEREAS, said increased settlement is eminently reasonable, given the tremendous annual revenue of the Power Authority, its lavish spending, and its financial situation generally, and WHEREAS, said financial condition is exemplified by the fact that the New York Power Authority recently spent $5.5 million on a second corporate turboprop airplane to shuttle its executives about the state according to the minutes of their own Board of Trustees, and WHEREAS, said financial condition further is exemplified by the fact that the New York Power Authority annually spends $20.3 million on 160 executive and patronage salaries over $100k annually according to records maintained by the New York State Comptroller, and WHEREAS, said financial condition further is exemplified by the fact that the New York Power Authority could afford to recently run up $275 million in cost overruns in the construction of the Poletti Power Plant in Queens, NY, according to a May 12, 2004 statement from the New York State Comptroller, and WHEREAS, said financial condition further is exemplified by the fact that the New York Power Authority could afford to recently run up $190 million in cost overruns in the construction of 11 small generators in New York City in response to downstate blackouts according to a May 12, 2004 statement from the New York State Comptroller, and WHEREAS, said financial condition further is exemplified by the fact that the New York Power Authority could afford, as a demonstration of its corporate largesse, to recently spend $70 million on 180,000 fuel efficient refrigerators for New York City Public Housing according to the May, 2005 minutes of their own Board of Trustees, and I HEREBY CERTIFY, That at the 27th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the Twenty- seventh day of October A.D., 2005, a Resolution was adopted, of which the following is a true copy: WHEREAS, said financial condition further is exemplified by the fact that the New York Power Authority could afford, as a demonstration of its corporate largesse, to recently spend $25 million on 500 fuel efficient hot water tanks for New York City Public Housing according to the May, 2005 minutes of their own Board of Trustees, and WHERBAS, said financial condition further is exemplified by the fact that the New York Power Authority has recently agreed to spend an additional $500 million on discretionary fuel efficiency projects with the various government agencies and public authorities in Metropolitan New York City according to the June, 2005 minutes of their own Board of Trustees, and WHEREAS, said examples of corporate generosity and lavish spending are made possible by the profits derived from the sale of low -cost Niagara hydropower, as Standard and Poors in their August 27,2004 report on the Authority's finances notes that "Ownership in very low cost hydroelectric power capacity that provides 81 % of NYPA's current generation needs ", and WHEREAS, the ability to approve contracts on behalf of the County of Erie rests with this Honorable Body, and WHEREAS, agents of the Power Authority have conveyed to the Congressional delegation that the Authority has been negotiating directly with the Erie County Executive NOW, THEREFORE, BE IT RESOLVED, that this Honorable Body does hereby reaffirm its support for an inflation - protected $10 million settlement with the New York Power Authority for Buffalo and Erie County, in keeping with the unanimous vote in support of Comm. 8E -56 (2005), which rejected NYPA's initial $2 million offer, and be it further RESOLVED, that inasmuch as the authority to ratify said settlement agreement(s) with NYPA rests in the hands of the respective legislative bodies of the city and the county, and in light of the findings within the various WHEREAS clauses above, this Honorable Body does hereby reaffirm its call to NYPA to engage in good -faith negotiations toward a fair and equitable settlement for Buffalo and Erie County, and be it further RESOLVED, that certified copies of this resolution be sent to officials of the New York Power Authority, the County Executive, the Governor of the State of New York, the Mayor and Common Council of the City of Buffalo, and the federal and state legislative delegations. RECEIVED AND FILED NO. 51 OPPOSE TRANSFER OF LAND CASINO GAMING PLEASE for the sake of our future generations, DO NOT APPROVE the taking of our land by the Seneca Nation for casino gaming. It will FOREVER be a sovereign state, and we cannot afford that. You have a responsibility to do the proper thing for the people of this beautiful city. We have a special geographic niche that can put us on the tourist map, but a casino is a shortsighted solution. We don't want more pollution, noise, crime, or addiction in Buffalo. Our burden is already too heavy. PLEASE do not let Gail Norton approve the Nation's application to transfer several acres of land in the cobblestone district. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 USE OF FESTOON OUTLETS In follow -up to your inquiry regarding festoon outlets, I have the following information. National Grid requests that festoon outlets not be used until National Grid receives the appropriate City authorization for energized attachments. It is a municipality's responsibility to provide National Grid their authorization which is to include: a signed pole attachment agreement, proof of insurance, a list of the attachment locations the wattage and daily usage hours Contact name and number for emergencies. As you may be aware, the City is responsible for the energy costs associated with energized attachments throughout the City, In order for National Grid to monitor the usage end calculate charges correctly, we ask the City to contact and work with National Grid directly with this matter. Once the information on the usage of the festoon outlets Is received and reviewed, we will initiate work to energize the outlets, I feel it is important to note the festoon outlets on streetlight poles are offered as a convenience for energized decorations and they have limited capacity, The outlets were not designed for large loads of energy use. Please do not connect heating elements, several strings of lights, or high- wattage items into a festoon outlet as damage and problems with the streetlight circuit will occur. Thank you for your interest and cooperation with festoon outlets. If you have any questions, please contact me at 831- 7785. REFERRED TO THE COMMITTEEE ON LEGISLATION NO. 53 Re: Attachment for Resolution on Renovating Vacant, Foreclosed Properties COPY AVAILABLE IN THE CITY CLERKS OFFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIRECTOR OF STATEGIC PLANNING NO. 54 Re: Dissatisfaction with the Commencement Academy To our elected officials, community leaders, and news media The Concerned Parents United Group is writing you to inform you of our total dissatisfaction of this newly implemented Commencement Academy. We know you have probably been informed that this is a good thing and some of it probably is but we are informing you of what is wrong with this idea. 1. Parents originally had to ok their children being a part of this Commencement Academy and our children without our permission are being forced to participate. 2. Children who proudly walked across the stage in June and received their diplomas after successfully completing all 8 grade classes are now attending high school but are being told they are not 9 graders and they are not being given all their 9 grade classes. 3. Our 9 graders are being forced to partake in 8 grade state testing; they are being forced into these resource classes that do not count as high school credit. The teachers are leaving the school to be trained to teach these resource classes that they are already teaching.? 4. What NYS law gives someone the right once a child has graduated to pull them back? Our children will end up not completing their requirements for high school graduation in four years. We The Concerned Parents United Group want this Commencement Academy to CEASE & DISMISS immediately in every high school in the city of Buffalo except City Honors, who doesn't have a commencement academy? These children were excited and proud on graduation day; they passed all their classes and now after the fact their not ninth graders because they didn't achieve certain scores on The NYS Assessment Test. This has never been a requirement for graduation before and besides if its going to be you would have to start with the 2005 -2006 school year 8 graders, not children who have already graduated! REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. COARD OF EDUCATION NO. 55 Re: NYS DOT Preliminary Design for the Fillmore Avenue Ramp to Route 33 Expressway DESIGN REPORT FILLMORE AVENUE ON RAMP, FIB, TO KENSINGTON EXPRESSWAY, NY ROUTE 33, SH 63 -2 CITY OF BUFFALO, ERIE COUNTY PIN 5512.42.121 The New York State Department of Transportation is in the preliminary design phase of the above - referenced project. The construction of this project is expected to start in the fall of 2006. A public information "open house" will be held on November 16, 2005 at the Delavan - Grider Community Center, 877 East Delavan Avenue in Buffalo, New York to discuss the proposed project improvements. Department representatives will be available for discussion between the hours of 5:00 p.m. and 8:00 p.m. with a formal presentation at 7 p.m. Attached please find the Notice of the Public Information Meeting. If you have any concerns and /or comments, please plan to attend the information meeting. If you are unable to attend and you have any questions or concerns, please contact David J. Hill, Design Job Manager, at (716) 847 -3229. NOTICE OF PUBLIC INFORMATIONAL MEETING N.Y. ROUTE 33 - KENSINGTON EXPRESSWAY AT FILLMORE AVE. ON -RAMP NEW YORK STATE DEPARTMENT OF TRANSPORTATION PROJECT IDENTIFICATION NUMBER 5512.42 The New York State Department of Transportation will hold an "open house" public information meeting to discuss the proposed project involving the Fillmore Avenue On Ramp (FB) to Kensington Expressway (NY Route 33) in the City of Buffalo, New York. The meeting will be held at the Delavan Grider Community Center, 877 East Delavan Avenue in Buffalo, New York on November 16, 2005. Department representatives will be available for discussion between the hours of 5:00 p.m. and 8:00 p.m. A formal presentation will take place at 7:00 p.m. The preferred project alternative at this stage of design would involve permanent closure of the Fillmore Avenue On -Ramp to westbound NY Route 33, improvements to the Grider Street On -Ramp to westbound Route 33, and intersection improvements at Kensington Avenue at Fillmore Avenue and Kensington Avenue at Grider Street. The purpose of the meeting is to obtain comments on the proposed project from individuals, groups, officials and local agencies. The Department is specifically soliciting comments on the development of alternatives for the project and comments on the project's social, economic and environmental effects. This public informational meeting is part of the continuing efforts by the New York State Department of Transportation to encourage public input into the development of transportation projects. In addition, a Design Report has been prepared for this project. Copies of the Design Report are available for review and copying during business hours at the office of: Alan E. Taylor, Regional Director, Department of Transportation, 125 Main Street, Buffalo, New York 14203. Copies of the Design Report were also forwarded for public review to the following branches of the Buffalo and Erie County Public Library: RECEIVED AND FILED NO. 56 D. CARR, AGENT, USE 1285 WILLIAM -POLE SIGN (FILL) (PHONE #)(716) 861 -0230 (CELL); (716)- 688 -6803 (HOME) The attached is for Common Council Approval; bat per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION. CORPORATION COUNSEL & CITY PLANNING BOARD N X 111 � e 1 :Kole] L V i h V i I I i 9 4 *� INMIR&II 4NT /IN= (BONNIE E. RUSSELL, CHAIRPERSON) NO. 57 APPT.- EXTERMINATOR ( #30,10 /18)(MAX)(PW) ( #68, 11/01) That the above item be and the same hereby is received and filed. ADOPTED. NO. 58 APPOINTMENT STREET WORKER (INTER) (PW) (ITEM NO. 20 -NOV. 1, 2005) That Communication 20, November 1, 2005 be received and filed and the permanent appointment of Martin Eve stated above at the intermediate starting salary of $29,472 effective on Oct. 26, 2005 is hereby approved. PASSED. AYES -9. NOES -0. NO. 59 APPOINTMENT TRUCK DRIVER (INTER) (PW) (ITEM NO. 21 -NOV. 1, 2005) That Communication 21, November 1, 2005 be received and filed and the temporary appointment of Mark Staniszewski stated above at the intermediate starting salary of $28,429 effective on Sept. 30, 2005 is hereby approved. PASSED. AYES -9. NOES -0. NO. 60 APPOINTMENT TRUCK DRIVER (MAX) (PW) (ITEM NO. 22 -NOV. 1, 2005) That Communication 22, November 1, 2005 be received and filed and the temporary appointment of Rowan S. Gaines stated above at the maximum starting salary of $30,793 effective on Oct. 24, 2005 is hereby approved. PASSED. AYES -9. NOES -0. NO. 61 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #56, 11/01) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 62 COUNTY RENEGING ON TREE MAINTENANCE (COMPT.) ( #5, 11/01) That the above item be and the same hereby is received and filed. ADOPTED. NO. 63 L. RUBIN- COUNTY RENEGING ON TREE MAINTENANCE ( #62, 11/01) That the above item be and the same hereby is received and filed. ADOPTED. NO. 64 RESPONSIBILITY FOR UTILITIES (COM. SVS.) ( #36, 10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 65 REQ. FOR INFO. -BURA (STRAT. PLAN.) ( #16, 6/28) That the above item be and the same hereby is received and filed. ADOPTED. NO. 66 B. DAVIS -BURA-RES PONSE FOR INFO. ( #60, 6/28 That the above item be and the same hereby is received and filed. ADOPTED. NO. 67 CONTRACT FOR DEBT RECOVERY SERVICES (ITEM NO. 46, C.C.P., NOV. 1, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above item be and the same hereby is received and filed. ADOPTED. NO. 68 MANAGEMENT INFO. SYSTEMS REVENUE GENERATING INITIATIVES (MIS) ( #18, 5/31) That the above item be and the same hereby is received and filed. ADOPTED. NO. 69 J. GOLOMBEK -WI -Fl WIRELESS NETWORK SYSTEM ( #60, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 70 B. DAVIS- BUFFALO & ERIE CO. PUBLIC LIBRARY ( #59, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 71 M. MAHANEY- AMEND.- SCHEDULE "A" BETWN. COB /BFLO. & ERIE CO. PUB. LIBRARY, EX. 6/16/02 (#46, 9/20) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 72 M. HATTEN, PETITION TO USE 220 ALLEN - TAKE OUT SIT -IN RESTAURANT W /SIDEWALK PATIO (ITEM NO. 66, C.C.P., NOV. 1, 2005) 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 November 9, 2005, the petition of M. Hatten, agent, for permission to use 220 Allen Street for a take out sit -in restaurant with a sidewalk patio be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 73 THE TRANSFER OF ERIE CO. -BFLO. DIV. OF FORESTRY BACK TO COB PUB. WKS. ( #111, 11/1) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED. NO. 74 CREATION OF A CITY VALET PARKING ZONE (PW) ( #8, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 75 CHANGE IN PARKING REGULATION MARINER BETWEEN VIRGINIA AND ALLEN STREETS (ITEM NO. 15, C.C.P., NOV. 1, 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. 76 FOOD STORE LICENSE -674 HOPKINS (ITEM NO. 35, C.C.P., NOV. 1, 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 Nagi Almontaser, located at 674 Hopkins. PASSED. AYES -9. NOES -0. NO. 77 FOOD STORE LICENSE - 473 JEFFERSON (ITEM NO. 94, C.C.P., SEPT. 6, 2005) (ITEM NO. 104, C.C.P., NOV. 1, 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 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 Samir Ahmed Hassan located at 473 Jefferson. PASSED. AYES -9. NOES -0. NO. 78 USED CAR DEALER - 2140 GENESEE STREET (ITEM NO. 44, C.C.P., NOV. 1, 2005) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license with a 12 car limit to Theresa Hluchykj d /b /a Genesee Resale, located at 2140 Genesee Street. PASSED. AYES -9. NOES -0. NO. 79 USED CAR DEALER - 50 SYCAMORE STREET (ITEM NO. 44, C.C.P., OCT. 18, 2005) (ITEM NO. 86, C.C.P., NOV. 1, 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. 80 M. MEYEREHOFER- NATIONALGRID- STREET LIGHT PROBLEMS -ALLEN ST. ( #61, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT JOSEPH GOLOMBEK JR., CHAIRMAN NO. 81 RESULTS OF NEGOTIATIONS - 2038 FILLMORE (ITEM NO. 4, C.C.P., NOV. 1, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be and the same hereby is received and filed. ADOPTED. NO. 82 YEAR 31 CD QUARTERLY REPORTS (COMM. SVS.) (MAY -JUNE 2005) (#48, 10/18 That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 B. VATTIMO- INFO. -NYPA RELICENSING SETTLEMENT PKG. ( #50, 10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 STIPEND TO BMHA BOARD MEMBERS (# 130,5/3) (# 173, 9/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 85 DESIGNATING THE ENTIRE MASTEN DISTRICT AS AN URBAN RENEWAL AREA TO PROMOTE THE HOMESTEADING OF VACANT LOTS (ITEM NO. 110, 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 recommitted to the Committee on Community Development. ADOPTED. BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 86 CAPITAL BUDGET 2006 RECOMMENDATIONS & 5 - YEAR PLAN (ITEM NO. 1, C.C.P., NOV. 1, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio moved that the above item be recommitted to the Special Committee on Budget. ADOPTED. NO. 87 ADDRESSING DEMOLITIONS IN THE CAPITAL BUDGET (PERMITS /INSP.) ( #24, 11/1) That the above item be and the same hereby is received and filed. ADOPTED. NO. 88 ADDRESSING DEMOLITIONS IN THE CAPITAL BUDGET (#127,10/4) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 ADDRESSING DEMOLITIONS IN THE CAPITAL BUDGET (FIRE) ( #36, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 90 FIRES IN VACANT PROPERTIES (FIRE) ( #38, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 91 FIRST QUARTERLY REPORT - 2005 -2006 BEGINNING 7/1/05 ON DIV. OF SUB. ABUSE SERVICES (COMM. SERVICES) (#49, 11/1) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 A. THOMPSON- LETTER OF REQ. FOR BOND RES.- $2,000,000 INTERFUND LOANS - PRIVATE DEMOLITIONS (#63,10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 93 LIST OF BANKS PER BUDGET HEARING ON 5/3/05 ( #87,6/28)( #17,6/14) (COMPT) ( #142, 7/26 That the above item be and the same hereby is received and filed. ADOPTED. NO. 94 COB'S REVISED FOUR YEAR PLAN (MAYOR) ( #1, 5/31) That the above item be and the same hereby is received and filed. ADOPTED. NO. 95 POLICE PAYROLL REVIEW 2002,2003,2004,2005 (COMPT) ( #10,4/5) ( #80, 4/19) That the above item be and the same hereby is received and filed. ADOPTED. NO. 96 INCREASE TARGETED NUMBER OF BUFFALO POLICE OFFICERS (EXT. 3 RES.) ( #110, 7/12) That the above item be and the same hereby is received and filed. ADOPTED. NO. 97 INCREASE TARGETED NUMBER OF BUFFALO POLICE OFFICERS ( #71, 9/6) That the above item be and the same hereby is received and filed. ADOPTED. NO. 98 REQ. BD. OF ED. TO IMPLEMENT SINGLE HEALTH INS. PROV. FOR ALL BD. OF ED. UNIONS (BD. ED) (#41, 10/5) That the above item be and the same hereby is received and filed. ADOPTED. NO. 99 INFO - DEPENDENT AUDIT (HR) (#45, 3/22) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 100 By: Mr. Bonifacio Co Sponsors: Messrs. Coppola, Fontana, Thompson REQUEST STATE LIQUOR AUTHORITY TO REVOKE LIQUOR LICENSES OF PROBLEM DRINKING ESTABLISHMENTS WHOSE CITY LICENSES HOVE BEEN REVOKED FOR ILLEGAL ACTIVITY Whereas: The City of Buffalo has a policy that requires any individual or group of individuals who seek to operate a drinking establishment within the City to apply for all of the necessary permits, to undergo a screening process, and receive approval by the City of Buffalo; and Whereas: The State of New York has a policy that requires any individual or group of individuals who seek to operate a drinking establishment serving alcohol to apply for a New York State liquor license, to undergo a screening process, and receive approval by the New York State Liquor Authority; and Whereas: The City of Buffalo and the State of New York implement such procedures to ensure that potential bar proprietors are law abiding citizens who are current with all City and State charges, fees, and taxes and will operate their business in a responsible manner; and Whereas: Although the City of Buffalo and the State of New York does its best job to monitor these drinking establishments and ensure that they are operating in a responsible manner, some of these establishments unfortunately do become home to a myriad of problems thereby forcing immediate action; and Whereas: When a drinking establishment becomes a continuos problem in the City of Buffalo, many times the City will revoke all of the business' licenses, however the State will not necessarily revoke the establishments' liquor license thereby giving the problem owner an opportunity to change the applicant's name while still having a liquor license; and Whereas: The City of Buffalo and the State of New York both have a vested stake in the success and/or demise of a drinking establishment, it seems appropriate that the City of Buffalo and the State of New York should be working together to ensure that drinking establishments operate in a responsible manner; and Whereas: One way the City of Buffalo and the State of New York can collaborate together to address these problem drinking establishments is by implementing a rule that would force any drinking establishment who has its City licenses revoked for illegal activity to also lose its State liquor license; and Now, Therefore Be It Resolved: That this item be sent to the appropriate committee whereupon a special meeting be called immediately with representatives from the Corporation Counsel, the Department of Permit and Inspections, the Buffalo Police Department, the State Liquor Authority, and the Western Delegation of the New York State Legislature being present. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PERMITS /INSPECTIONS, CORPORATION COUNSEL, COMMISSIONER OF POLICE, STATE LIQUOR AUTHORITY AND WNY DELEGATION. NO. 101 Sponsor: Mr. Coppola Co- Sponsor: Mr. Bonifacio, Mr. Conrad SEX OFFENDER RESIDENCY PROHIBITION: 1,500 FEET Whereas: The adoption of Megan's Law has increased public awareness of sexual offenders by requiring them to become registered with authorities and by making such information available to the public; and Whereas: There are presently no laws which restrict sex offenders from residing or living near areas where children regularly meet and congregate; and Whereas: The Town of Hamilton New Jersey enacted an Ordinance in May of 2005, that prohibited convicted sex offenders from residing within 2,500 of any school, park, playground or day care center; and Whereas: The Hamilton, New Jersey Ordinance provides that the Ordinance does not apply to any person who has established a residence prior to the enactment of the Ordinance; anyone else shall have sixty days from receipt of a written notice to move; Failure by an individual to move can result in a fine of $1,250 and imprisonment for 90 days; and Whereas: The Common Council believes that it is in the best interest of all City residents to adopt additional regulations regarding convicted child sex offenders, so as to protect the health, safety and welfare of children; and Now Therefore Be It Resolved: That the Buffalo Common Council supports the enactment of a local law requiring that no person over the age of 18 who has been convicted of a violation of a sexual offense upon a child (age 16 and under) requiring them to register as a sex offender shall be permitted to reside or live within 1,500 feet of any school, park, playground or day care center in the City of Buffalo, unless they are residing in a supervised release program which provides close supervision of their daily activity; Be It Further Resolved: That the Buffalo Common Council hereby directs the Law Department to draft a local law to restrict registered child sex offenders from residing within 1,500 feet of any school, park, playground or day care center in the City of Buffalo; Be It Finally Resolved: That this item is referred to an aRpropriate Committee of the Common Council for further consideration and deliberation. ADOPT 1 sT & 2 "D RESOLVE; 3 ° RESOLVE - REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER OF POLICE. 10 Sponsor: Mr. Coppola BICYCLE /PEDESTRIAN ADVISORY BOARD Whereas: It would be beneficial for the City of Buffalo to have a Bicycle /Pedestrian Advisory Board in place to help the City find cooperative solutions for the problems facing cyclists, pedestrians and people with disabilities; and Whereas: The Bicycle /Pedestrian Advisory Council shall be charged with the following: To regularly review ongoing and upcoming city projects and advise the Department of Public Works, Common Council, the Office of Strategic Planning, Buffalo Police Department, (Traffic Control and Enforcement and the Office of adjudication) and other appropriate city bodies on bicycle and pedestrian issues, including issues faced by people with disabilities, to ensure that all city projects accommodate and encourage safe and legal travel by bicycles, pedestrians and people with disabilities. To advocate for implementation of city plans for bicycle travel, pedestrian travel, travel by people with disabilities, and traffic calming. To make and advocate for other recommendations regarding cyclists, pedestrians and people with disabilities. To make quarterly reports to Common Council about how recent transportation projects affect cyclists, pedestrians and people with disabilities. To formulate and provide to the Public Works Department for inclusion in the annual snow clearance plan items relating to pedestrian and bicyclist problems and concerns; and Whereas: The Bicycle /Pedestrian Advisory Council to be composed of 11 voting members consisting of five members shall be active bicyclists, and at least four members shall be active pedestrians. One member shall be a member of the Disability Advisory Council. The eleventh member shall be a member of the Department of Public Works. There shall be four nonvoting members, consisting of the Traffic Engineer and one representative of each of the following: Common Council, Buffalo Police Department and the Office of Strategic Planning; and Whereas: Terms of office for the Bicycle Advisory Council shall be three years, except that of the initial appointments, three shall expire on December 31, 2007, four on December 31, 2008, and four on December 31, 2009. Now Therefore Be It Resolved: The Common Council, with the approval of the Mayor, shall appoint a Bicycle /Pedestrian Advisory Council to be composed of 11 voting members who are interested in finding cooperative solutions for the problems facing cyclists, pedestrians and people with disabilities. At least five members shall be active bicyclists, and at least four members shall be active pedestrians. One member shall be a member of the Disability Advisory Council. The eleventh member shall be a member of the Department of Public Works. There shall be four nonvoting members, consisting of the Traffic Engineer and one representative of each of the following: Common Council, Buffalo Police Department and the Office of Strategic Planning. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, CORPORATION COUNSEL. DIRECTOR OF STRATEGIC PLANNING. COMMISSIONER OF POLICE AND MAYOR. NO. 103 BY: MR. FRANCZYK CITE GAS STATIONS & FOOD STORES FOR NOISE VIOLATIONS WHEREAS: In recognition of the seriousness of the destructive nature of quality of life violations in the City of Buffalo, the Common Council recently passed ordinance amendments stiffening the fines for these crimes; and, WHEREAS: Additionally, following Council and public insistence, the Buffalo Police Department has increased the number of citations issued for offenders violating the city noise ordinance, in addition to other quality of life ordinances; and, WHEREAS: Although there has been some progress, flagrant violation of the city noise ordinances continues throughout the city, with the largest offenders being irresponsible drivers blaring loud music though "souped up" or enhanced sound systems in their motor vehicles; and, WHEREAS: There are approximately seventy -seven gas and filling stations throughout the City of Buffalo; and, WHEREAS: Some motorists who "fill up" at these stations routinely "crank -up" their vehicle sound systems as they are making gas or other purchases at these stores; and, WHEREAS: Although the vehicle owner is the one violating city ordinances, these gas stations or stores allow the noise violation to be caused on their property; and, WHEREAS: Some of these gas stations and stores allow a veritable "rolling thunder" of vehicles to pound loud music for various lengths of time on their property during their hours of operation, including late into the evenings. These violations impact very negatively on the surrounding residential neighborhoods; and, WHEREAS: Although a property owner, be it a homeowner or a business, may not be the cause of a violation of city ordinances, that owner is responsible for what goes on at his or her property and cannot condone, invite or allow the routine and repeated violation of city law on the property; and, WHEREAS: It is extremely difficult for the Buffalo Police Department to respond effectively to citizen complaint calls at gas stations and stores that allow their property to be used as a location for noise ordinance violations, due to the fact by the time the police respond to what is categorized as a low priority crime, the offending vehicle is usually long gone, having finished conducting their business; and, WHEREAS: It is also impractical to have the Police Department continually "stake out" gas stations and stores where these violators could be ticketed, as the vehicles pull in and pull out constantly, and the noise violators do not conform to any regular schedule of appearance; and, WHEREAS: Gas stations and delis require certain city licenses to operate, including a "gas nozzle or hose license" ( "FPC "), and a food or deli license or "FST;" and, WHEREAS: No property owner should tacitly or through complicity allow or permit violations of law on their property; and, NOW THEREFORE BE IT RESOLVED: That as a condition for licensing of Gas Stations and Food Stores, these businesses be required to actively abate the noise ordinance violations that they routinely allow to now occur at their business; BE IT FURTHER RESOLVED THAT: That no gas should be allowed to be pumped or deli transaction made if the customers on site violate the city noise ordinance on the business' private property; and, BE IT FURTHER RESOLVED: That signs be posted on the business' gas station or store parking lot that loud music or excessive noise is in violation of City of Buffalo ordinances are not permitted at that particular business or property; and BE IT FURTHER RESOLVED: That the filling station /food store allowing repeated verifiable noise violations to occur receive a citation and be fined; and, BE IT FINALLY RESOLVED: That any business which does not work with the police and city to abate these violations of the city noise ordinance on its property be subject to revocation of its applicable licenses to operate. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF POLICE, COMMISSIONER OF PERMITS & INSPECTIONS. NO. 104 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 08 — DEPARTMENT OF MIS 1071 - MIS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 08 - Department Of MIS, 1071- MIS which currently reads: 7 System Analyst $ 41,174 - $ 48,566 4 Computer Programmer $ 38,358 - $ 44,779 Is hereby amended to read: 5 System Administrator $ 44,385 - $ 52,785 4 System Analyst $ 41,174 - $ 48,566 2 Computer Programmer $ 38,358 - $ 44,779 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position RAJENDER MEHTA, DIRECTOR OF DATA PROCESSING AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. DIRECTOR OF BUDGET APPROVED AS TO FORM Corporation Counsel 10/05/2005 Attachment PASSED AYES - 9 NOES -0 NO. 106 BY MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 66 — DEPARTMENT OF PERMITS & INSPECTIONS 1161 - PERMITS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 65 - Department Of Permits and Inspections, 1151- Permits which currently reads: 2 Account Clerk Typist $ 26,271 - $ 29,269 1 Stenographer $ 25,677 - $ 28,493 Is hereby amended to read: 3 Account Clerk Typist $ 26,271 - $ 29,269 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position RAYMOND K. MCGURN, COMMISSIONER OF PERMITS & INSPECTIONS AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 09/22/2005 PASSED AYES - 9 NOES -0 NO. 106 BY: MR. THOMPSON, MR. FONTANA RE: PROVIDING FINANCIAL ASSISTANCE TO FIRST -TIME HOME BUYERS Whereas: An abundance of vacant, foreclosed properties currently exist within the City of Buffalo; a percentage of which are salvageable, requiring rehabilitation; and Whereas: These properties are public safety hazards- potentially spawning illegal activity in addition to being community eyesores; and Whereas: These salvageable structures should be either sold at low -cost or donated to needy and interested low- to -mid- income families; and Whereas: Some City of Buffalo residents may purchase their first residential property from the Tax Foreclosure Auction; and Whereas: Priority for financial assistance should be given to first -time homebuyers whose respective property will serve as their primary residence (owner- occupied dwelling); and Whereas: Additional services should be made available to increase levels of home ownership, as the 2000 Census indicates that owner - occupied dwellings in the City of Buffalo are at roughly thirty -seven percent (37 %); and Whereas: A case study from the City of Rochester (NY) shows the establishment of a municipal nonprofit corporation, the Rochester Housing Development Fund Corporation, working in collaboration with nonprofit developers, in which during a 2 year operation, were able to acquire 749 properties, reselling 645, with 75% being sold to new owner - occupants. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Office of Strategic Planning research and consider the possibilities of instituting a similar housing redevelopment plan for first -time homebuyers for residential structures from the foreclosure auction and /or vacant, foreclosed properties within targeted areas in the City of Buffalo; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Community Development, and seeks responses from Office of Strategic Planning, the Department of Taxation & Assessment, Habitat for Humanity, the Division of Real Estate, and Permit & Inspection Services. ADOPT 1 ST RESOLVE THE 2 ND REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING, THE COMMISSIONER OF ASSESSMENT AND TAXATION AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 107 BY: MR. THOMPSON RE: REQUEST FOR PROACTIVE CLEANING OF CITY OF BUFFALO SEWER SYSTEMS Whereas: The City of Buffalo Sewer Authority currently only reacts to cleaning storm drains, sewer lines, and other respective infrastructure after receiving complaints; and Whereas: In many instances, residential, commercial, and institutional property has been structurally damaged by the sewer lines' backup and overflowing by the time the Sewer Authority has been notified of the situation; and Whereas: The City of Buffalo Sewer Authority's reactive stance continues to cost taxpayers additional money for repairs. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Sewer Authority proactively provide quarterly maintenance to primary and secondary streets and intersections, in addition to major and strategically placed sewer lines, storm drains, and other respective infrastructure to ensure proper function and adequate flow of sewage; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Legislation, the Department of Public Works, and the Buffalo Sewer Authority for their responses by the next meeting of the Common Council on Tuesday, November 15, 2005. ADOPT 1 ST RESOLVE THE 2 ND REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE BUFFALO SEWER AUTHORITY NO. 108 BY: ANTOINE M. 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: Chris Czechowski, Peggy Gilbert Sean Macaluso Total 3 ADOPTED NO. 109 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 Tuesday, November 22, 2005 at 9:30 o'clock A.M. Committee on Finance following Civil Service Committee on Legislation Tuesday, November 22, 2005 at 10:00 o'clock A.M. Tuesday, November 22, 2005 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, November 23, 2005 at 10:30 o'clock A.M. Special Committees Bi- National Bridge in Room 1417 City Hall. Thursday, November 17, 2005 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subiect 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. 110 ADJOURNMENT On A motion by Mr. Coppola seconded by Mr. Bonifacio the Council adjourned at 2:40 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #10 OFFICE OF THE MAYOR -201 CITY HALL NOVEMBER 17, 2005 Present: Anthony M. Masiello, Mayor; David A. Franczyk, Council President; Frank Belliotti, 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 month of November 2005 amounting to $5,610.00, and request that echecks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 2005 amounting to $6,565.00, and request that echecks 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. Belliotti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.