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HomeMy WebLinkAbout02-1126aNo.22 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 26, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 26, 2002 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, Gray, LoTempio, Martino, and Thompson - 13. ABSENT - None. On a motion by Mrs. Grant, seconded by Mr.Fisher, the minutes of the stated meeting held on November 12, 2002 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 RESPONSE TO COUNCIL MEMBER TBOMPSON'S REQUEST FOR INFORMATION CCP 11/12/02 Attached, per your request regarding the city's Local Law Enforcement Block Grant, and more specifically, community school funding, are: 1. Application guidelines for Local Law Enforcement Block Grant dollars 2. Information on Community Schools' funding criteria Mrs. Prentiss, who is the coordinator for Community School Programs, and myself, her Supervisor; have discussed your request over the last two days. The results of those conversations are that Mrs. Prentiss will contact the school principals in the Masten District, to determine their interest in any future community school program funding. As a historical explanation, when the community school program was expanded seven years ago it was our intention to fill the gaps in the city, where low income household kids did not have any after school programs. At that time, and still today, school #53 receives New York State funding to operate community school programs. Also, the City's Weed & Seed program provides federal funds to School #53, as well as the Buffalo Museum of Science, under its safe haven initiative, for after school programs. Mrs. Prentiss and myself also discussed city -wide community schools programs, such as the US Swimming and percussion, dance, and poetry programs. I asked that she research how many kids from the Masten district participate in programs outside of the district. In closing, I want to state that there was never any intention to short change the kids in the Masten District, when it comes to after school programs. Unfortunately, we have city wide need for after school programs that greatly exceed our financial resources. Also, unfortunately, community school programs are difficult to administer because of the bureaucratic paperwork and inevitable cash flow difficulties. Subsequently, not every school principal wants to participate in the city's programs. However, I realize that the Masten district needs and deserves more after school community school programs and Mrs. Prentiss and myself will work together towards fulfilling this need. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. y:l6]Lrilr9a *d11 Wfi :JWIN ILI" 67MNI] NO. 2 B. RODRIQUEZ 468 NIAGARA ST. TAKE -OUT RESTAURANT ITEM NO. 60, C.C.P. 11/12/2002 The City Planning Board at its regular meeting held Wednesday, November 6, 2002, considered the matter captioned above pursuant to Section 511 -68 of the Buffalo Code, Niagara River Coastal Review. The applicant seeks convert an office store front into a take -out restaurant at 468 Niagara St. Under SEQR the proposed take -out restaurant is considered an unlisted actions which may be studied through uncoordinated review. The Planning Board voted to recommend approval conditioned that any signage conform to the zoning district standards. RECEIVED AND FILED NO. 3 ALL SAINTS CHURCH PROCEEDINGS 205 ESSER ST. ACCESSORY SIGN ITEM NO. 62, C.C.P. 11/12/2002 The City Planning Board at its regular meeting held Tuesday, November 19, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a non - illuminated 3lx6lx8' pole "ID" sign at 205 Esser Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The free standing sign is not allowed in the current zoning district and an application has been made to the Zoning Board of Appeals. The Planning Board had no objection to the accessory sign provided that the Zoning B02Lrd of Appeals approves the sign at an overall height not to exceed 5' and that plantings be incorporated at the base of the sign. RECEIVED AND FILED. NO. 4 1ST HISPANIC METHODIST CHURCH 62 VIRGINIA ST. ACCESSORY SIGN ITEM NO. 63, C.C.P. 11/12/2002 The City Planning Board at its regular meeting held Tuesday, November 19, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 4'6 "x8'x7' pole "ID" sign at 62 Virginia Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The free standing sign is not allowed in the current zoning district and an application has been made to the Zoning Board of Appeals. The Planning Board had no objection to the accessory sign provided that the Zoning Board of Appeals approves the sign at an overall height not to exceed 5.5' and that plantings be incorporated at the base of the sign. RECEIVED AND FILED. NO. 5 J. ASSABAHI 976 KENSINGTON AVE. SIT -IN & TAKE -OUT RESTAURANT ITEM NO. 76, C.C.P. 10/15/2002 The City Planning Board at its regular meeting held Wednesday, November 6, 2002, considered the matter captioned above pursuant to Section 511 -65 of the Buffalo Code, Kensington Bailey Business District. The applicant seeks to convert a former church into a sit -in and take -out restaurant at 976 Kensington Avenue. Under SEQR the proposed restaurant is considered and unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant with the following conditions: 1. No outside trash receptacles 2. Closing at 11 PM on week nights and 12 AM on weekends 3. Parking is to be directed to the off street spaces provided on the site. 4. Monitor loitering concerns. RECEIVED AND FILED. NO. 6 JUST PIZZA 2162 SENECA ST. SIT -IN RESTAURANT ITEM NO. 61, C.C.P. 11/12/2002 The City Planning Board at its regular meeting held Tuesday, November 19, 2002, considered the matter captioned above pursuant to Section 511 -64 of the Buffalo Code, Seneca Street District. The applicant seeks to use a former restaurant as a sit -in restaurant located at 2162 Seneca Street. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed sit -in restaurant. RECEIVED AND FILED. FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 A. THOMPSON -REQ. FOR POVERTY ANALYSIS OF 10/15/02 ITEM NO. 168, C.C.P. 10/ 15/02 The 10/15/02 request for Poverty Analysis is a component of the Comprehensive (Master) Plan due out by year -end as previously mentioned. A discussion of the analysis along with strategies dealing with poverty will be a major component of the BCP. It should be noted that poverty is the key variable in the neighborhood condition index of the BCP. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMPTROLLER NO. 8 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS RESERVE FOR PLANNING CAPITAL PROJECTS CAPITAL PROJECTS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $350,000 be transferred and reappropriated from the Planning for Capital Projects account, as set forth below: From: 30000106 - 445100 Planning for Capital Projects $350,000 To: 31655806- 445100 Continuing GIS Development 50,000 33356806- 445100 Union Ship Canal Infrastructure Design $100,000 35310206 - 445100 CMAQ Signal Improvement Design $ 75,000 35310806 - 445100 Cazenovia Creek Slope Wall Design $ 75,000 34640606- 445100 MLK Park Scooping and Design $ 50,000 Total $350,000 Dated: Buffalo, NY, November 18, 2002 RECEIVED AND FILED. NO. 9 INCREASED APPROPRIATION DUE FROM NEW YORK STATE DIVISION OF BUILDINGS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $305,000 in the estimates for the fiscal year beginning July 1, 2002 is necessary in Capital Projects - Department of Public Works, Division of Buildings - to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from a grant from New York State - 399200001262 10 Due From New York State not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: Capital Projects Division of Buildings 39232006 - 445100 Shea's Stage Expansion $305,000 Dated: Buffalo, NY, November 7, 2002 RECEIVED AND FILED. NO. 10 CERTIFICATE OF DETERMINATION Certificate of Determination by the Comptroller determining the terms, form and details of sale and issuance of Refunding School Serial Bonds - 2002 -D, E, F & G of the City of Buffalo, aggregating $52,999,000. The Bonds are hereby a financing agreement between the Dormitory Authority of the State of New York and the City of Buffalo on behalf of the City of Buffalo School District, and are subject to the limitations prescribed in the Refunding Bond Resolution duly adopted and set forth (see Section 1 attached) and pursuant to the Financing Agreement dated as of May 29, 2002. The series will be dated November 26, 2002, and will bear interest at the rate(s) per annum specified by the underwriters therefor in accordance herewith (see attached Schedule A). The School Series 2002 -D, E, F, & G will be delivered and shall be paid for on or about November 26, 2002 in New York, New York. An Official Statement may be obtained from the offices of the financial advisor to the City, Government Finance Associates, Inc. of New York, New York, at (212) 8364819, or the office of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851 -5255. RECEIVED AND FILED. NO. 11 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF POLICE We, Anthony M. Masiello, Mayor and Anthony R. Nanula Comptroller, do hereby certify pursuant to' §20 -11 of the Charter, that an increase in the sum of $225,000 and $75,000 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for the Department of Police - Patrol Services and in Fringe Benefits - Health Insurance, respectively, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $300,000 in the General City Revenue account Org & Object # 10200030- 380101 - Grant Reimbursement Police not otherwise appropriated for any other purpose. The details of the requirements are set forth below: T o: 12003001 - 411001 - Patrol Services Annual Salary $225,000 17301002 - 421002 - Health Insurance Active Employees 75,000 Dated: Buffalo, NY, November 22, 2002 RECEIVED AND FILED. NO. 12 STAFFING PROBLEMS IN CITY COMPTROLLERS OFFICE (134, C.C.P. 10/29/2002) The Department of Audit and Control is responsible for many important controls and oversight activities governing this city's day -to -day financial operations and long -term fiscal stability. As with all city departments during this time of growing financial concerns and increasing budget deficits, the Department of Audit and Control in particular is keenly aware of the need for squeezing every drop of productivity out of our shrinking resources. That being said, the resolution by Delaware's Marc A. Coppola raises very important issues relating to the adequacy and quality of the personnel in the Department of Audit and Control at the present time and in the future. This department is not called on to protect our citizens from crime or fire, or to keep our streets navigable during snowstorms. But in perhaps our most important role, we serve as fiscal watchdogs for the public's money, and that responsibility must not be compromised now or in the future. Frankly, we are approaching a position where we have serious concerns about our watchdog role and our ability to carry out that responsibility. Our watchdog apparatus and indeed our ability to govern and oversee day -to -day financial oversight activities has been serious compromised by staff departures and the inability to attract and compete for staff because of a lack of budget autonomy. Since Jan. 1, 2000, the divisions of Accounting and Audit have lost a total of 24 staff members, many to other governmental agencies at higher paying salaries. In addition, the 2002 -2003 budget as proposed by the Department of Administration and Finance and adopted by the Council over my strenuous objections cut 11 civil service positions, five in Accounting and six in Audit. (For the record, it should be noted that the Budget Division recently made two appointments at pay steps greater than those required by the current collective bargaining agreement with AFL - CIO - AFSCME Local 650) It is quite obvious from the departure of so many career employees in this department that the inability to compete from a pay perspective (lack of budget independence) is a major problem in attracting and maintaining staff. This problem must be addressed if we are to have the safeguards and oversight designated in the charter and carried out by an independently elected comptroller. In the very near future, I intend to present the results of an independent study I have commissioned to assess the manpower situation in the Department of Audit and Control and to make recommendations on how to proceed to preserve and protect the independence of this office. After evaluating that study, I intend to offer a comprehensive plan to address the very serious problems that, if left unattended, will eventually undermine this department and effectively put it out of the oversight business. That, indeed, would be a grave consequence to the hard - working citizens who pay their taxes in this city with the expectation that their money is being, put to good use in providing services and not wasted on inefficient government exercises. I welcome the council's concern and as I've stated here it is well founded. I would certainly hope we can all work together to do more with less but not at the expense of the very vital services that must continue to be provided by this office. RECEIVED AND FILED. NO. 13 TRANSPORTATION METHODOLOGY & FINDINGS The audit focused on the systems used to control the physical assets. The fuel system and inventory system and the fixed asset system were reviewed. The system was not readily usable by the audit staff and we were forced to download information from the inventory system and produce reports by divisions, as well as by type or vehicle Identification number (VIN), or licensee number. There was a considerable amount of time spent in an effort that led to more questions than answers. The physical inventory is not something that is performed by those responsible for the assets, so our attempt to trace assets on the system was time - consuming. The inventory system does not have the usual input and output controls of a functioning system such as Treasury or permits or General ledger. The license plates and functional changes and removals occur without an audit trail. In other words there is no daily run of changes to the system. The result is that if we were to rerun the download of information at this time we could not account for the changes. The same is true of the gas key system where there appeared to be some deletions made (coded inactive, hence not able to purchase gas) for retired or transferred employees. By the time we were able to gather information from the system there may have been a one -time removal (or as is probably the case there is a periodic verification of employees), but we have no ability to verify either. There is no entry run no update journal and no segregation of duties (with approval levels or review by managers). RECOMMENDATIONS Controls need to be tightened or created in every area. System improvements, if possible with the current system, or installation Of a quality system with necessary controls. Systems need to be maintained by M.I.S. and the user departments. The fuel usage system needs to be included in the inventory system. It should be reviewed in conjunction with the Fixed Asset system. With systems in place that the users have determined reporting requirements. then the reports need to be issued and managers need to control the activities. In the interim, there needs to be an M.I.S. involvement in the current systems to produce some meaningful reports. It is now evident to the general public that fuel can he obtained without the knowledge of City officials. The logs need to be placed in the vehicles and used for all of the reasons stated. Management needs to control the usage of vehicles. Each commissioner or director should know who has which vehicle and when they use it. The reporting to the IRS needs to be changed. The individuals are sending their information directly to the Comptroller's office. These reports must be reviewed by the respective commissioners and approved (this includes those not currently reporting). After the systems and management controls are in place, there needs to be a periodic review of activity or lack thereof (disabled or unused). The Utilization Study would then be possible. It would focus on such measures as cost per mile or tonnage use etc. The costs of a major fleet are in the millions. A Fleet Manager with specific responsibilities could be hired or reassigned. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 14 L. PANARO - AFSCME LOCAL #264 RECYCLING Attached please find information on recycling. REFERRED TO THE TAYLOR LAW IMPASSE COMMITTEE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 15 CERTIFICATE OF APPOINTMENT Appointment Effective 10/25/02 in the Department of Assessment /Taxation to the position of Account Clerk- Typist, Provisional Appointment, at the Inter #4 Starting Salary of $27,132. Marlene L. Smith 52 Stewart Avenue Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 16 CERTIFICATE OF APPOINTMENT Appointment Effective 11/11/02 in the Department of Assessment /Taxation to the Position of Associate Tax Clerk, Provisional Appointment, at the Inter #4 Step starting salary of $32,269. Carmen E. Bryant 393 Herman St. Buffalo NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective 11/11/02 in the Department of Assessment /Taxation to the position of In Rem Specialist, Provisional Appointment at the inter fourth step starting salary of $36,156. Secret Thompson 49 Highgate Avenue Buffalo NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Mr. Fisher took his seat at 2:15 pm Mr. Fisher took his seat at 2:15 P.M. NO. 18 BREAK WALL AT THE ERIE BASIN MARINA ITEM NO. 72, C.C.P. 10/29/02 This is in response to the aforementioned Council Resolution regarding the condition of the break wall at the Erie Basin Marina. Please be advised that my department is aware of and has been monitoring the condition of this break wall. due to the type and magnitude of the repairs necessary we have met with and asked the assistance of the U.S. Army Corps of Engineers with this project. My engineering staff is currently developing design / repair alternatives for review by the Corps. REFERRED TO THE WATERWAYS SUBCOMMITTEE NO. 19 CHANGE IN CONTRACT BROADWAY GARAGE I hereby submit to Your Honorable Body the following changes for the Broadway Depot, Roof Replacement, Weaver Metal & Roofing, Inc., C #92010643. 1. Additional work due to poor conditions found during scope of work. Install additional Steel "C" Channels Add $4,299.85 2. Additional Roof replacement on south portion of roof due to wind damage. Add $9,625.00 The foregoing change results in a net increase in the contract of Thirteen Thousand Nine Hundred Twenty Five and 35/100 Dollars ($13,925.35). Summary: Currant Contract Amount $123,800.00 Amount of This Change Order Add $ 13,925.35 Revised Contract Amount $ 137,725.35 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 36322206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Weaver Metal & Roofing, Inc., an increase in the amount of S 13,925.3 5, as more fully described in the above communication, for work relating to Broadway Depot, Roof Replacement, C #92010643. Funds for this project are available in CPF 36322206 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 20 CHANGE IN CONTRACT PRATT WILLERT COMMUNITY CENTER INTERIOR RENOVATIONS I hereby submit to Your Honorable Body the following changes for the Pratt Willert Community Center, Interior Renovations, The Peyton Barlow Co., Inc., C #92010690. 1. Provide one (1) each entrance screen with door in men's and women's bathroom. Add $ 874.00 2. Provide vinyl baseboard in rooms 103, 106, 108, 118, 121, 124 & 125. Add $ 805.00 The foregoing change results in a net increase in the contract of One Thousand Six Hundred Seventy Nine and 00/100 Dollars ($1,679.00). Summary Current Contract Amount $60,750.00 Amount of This Change Order ( #1) Add $ 1,679.00 Revised Contract Amount $62,429.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30014706 445,100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 19, 2002, 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. I to The Peyton Barlow Co., Inc., an increase in the amount of $1,679.00, as more fully described in the above communication, for work relating to Pratt Willert Community Center, Interior Renovations, C #92010690. Funds for this project are available in CPF 30014706 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 21 CHANGE IN CONTRACT ZOOLOGICAL GARDENS MAIN ANIMAL BUILDING GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, General Construction, Kirst Construction, C #92010502. 1. Credit for not providing stainless steel swage fittings on 3/4" guy cables. Deduct $1,500.00 The foregoing change results in a net decrease in the contract of One Thousand Five Hundred and 00/100 Dollars (41,500.00). Summary: Current Contract Amount $1,655,458.00 Amount of This Change Order ( #4) Deduct $1,500.00 Revised Contract Amount $1,653,958.00 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 CPF 31280006 445100 - Division of Buildings. The entire funding for this project, including funds for this change order, have been provided by Erie County. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 13, 2002, 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 Kirst Construction, an increase in the amount of $1,500.00, as more fully described in the above communication, for work relating to Zoological Gardens, Main Animal Building, General Construction, C #92010502. Funds for this project are available in CPF 31280006 445 100 - Division of Buildings. PASSED AYES - 13 NOES - 0] NO. 22 EASEMENT REQUEST — VOICESTREAM WIRELESS FOR INSTALLATION OF POWER AND TELECOMMUNICATION LINES The City is in receipt of an easement request from Voice stream Wireless of Rochester, NY for an easement to provide necessary utility /telecommunication connections to a proposed cellular tower at 812 East Ferry St. The underground cable connections would cross city property, which is to the rear of a private property at 812 East Ferry St., and contains a 24" city watermain and the Scajaquada Drain. Our department has reviewed the plans as submitted and has no engineering objections to the easement providing the following conditions are met: 1 .Voicestream Wireless obtains all necessary site plan approval, zoning and building permits required by the city. 2. Facilities on city property will consist only of a utility trench containing power and telecommunication cables. No permanent buildings or structures shall be erected on city property. 3. City of Buffalo and the Buffalo Sewer Authority (BSA) are named as additional insured by Voicestream for the life of the cellular facility. Amount of insurance subject to approval by the Corporation Counsel. 4. Construction plans and methods for installation are approved by the Department of Public Works, Parks & Streets and the BSA. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 EXTENSION OF CONTRACT - AMERICAN WATER SERVICES In Item #35, C.C.P. of July 23, 2002 the Common Council authorized the Buffalo Water Board to extend their contract with American Water Services, LLP for a period not to exceed six months, with the same terms and conditions of the original contract. American Water Services accepted the extension for a three -month period at the same terms and conditions. They will only accept the second three -month extension at the monthly costs of $1,164,656. This amount is one twelfth of their bid price for their new contract. The Board is, therefore, requesting Council authorization for a three -month extension from December 1, 2002 to February 28, 2003 at the monthly costs of $1,164,656. All other terrms and conditions of the original contract will remain the same. This extension will terminate sooner if a new contract is signed. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to extend the Buffalo Water Board contract with American Water Services, LLP for a three -month extension from December 1, 2002 to February 28, 2003 at the monthly costs of $1,164,566, with all other terms and conditions of the original contract remaining the same. PASSED AYES -13 NOES -0 NO. 24 FENCE AT THE FOOT OF HAVEN STREET ITEM NO. 69, C.C.P. 10/29/02 This is in response to the aforementioned Council Resolution. Please be advised that a work order has been written to our maintenance crew to replace and repair the fencing at the foot of 'Haven Street. RECEIVED AND FILED NO. 26 B. GRANT -J. GARNER & O -REQ. EVAL.- INSTALL STOP SIGN -FOUR WAY THATCHER /HUTCHINSON AVES. ITEM NO. 66, C.C.P. 11/12/02 The following response is being submitted at the request of the Common Council as outlined in Item #65 of November 12, 2002. Please be advised that the Department of Public Works, Parks & Streets - Traffic Section has reviewed your concerns. An investigation by my department into the need for all -way stop signs at Hutchinson Avenue and Thatcher Avenue has yielded the following: 1) U.S. Department of Transportation Federal Highway Administration Standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi -way" stop control. Our records indicate that the accident history at this location does not meet this warrant. 2) Line -of -sight distances are not obstructed at this intersection, however, it was noted that the property owner at 60 Thatcher is in violation ofZoni1g Ordinance Chapter 511, Section 84. Specifically, there was foliage growing within the restricted area at the southeast corner of the property that was between heights of 3 1/2 feet and 10 feet above the curb level. The potential for visibility problems is present should this property remain in violation of the zoning ordinance. 3) Stop control already exists in Thatcher Avenue at Hutchinson Avenue. Therefore, as a result of this accident history study, and from field observations of the site, we find no justification to install stop signs in Hutchinson Avenue at Thatcher Avenue at this time. If you should have any further questions, please contact our Traffic Engineering Office at 851 -5366. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 INCREASE IN CONTRACT MCCARTHY PARK CONCESSION - PLUMBING CONTRACT NO. 92010621 We are requesting permission of Your Honorable Body to increase the above Contract (1 -0. 92010521) in the amount of $688.85 for a total contract amount of $29,429.85 with H & M Plumbing. We have authorized additional work to supply and install additional valves adjacent to the backflow preventer.. The price for the work was found to be fair and reasonable by our Consultant, Sear Brown. Funds for this work are available in Bond Fund Account 36400706. Summary Contract Amount Change Order $28,741.00 Change Order $ 688.85 Total $29,429.85 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to H & M Plumbing, an increase in the amount of $688.85, as more fully described in the above communication, for work relating to McCarthy Park Concession - Plumbing, Contract No. 9201052 1. Funds for this project are available in Bond Fund Account 36400706. PASSED AYES -13 NOES -0 NO. 27 PERMISSION TO ENTER INTO AGREEMENTS/ PAY LOCAL SHARE OF COSTS WATERMAIN BETTERMENT OVER ROUTE 198 - SCAJAQUADA EXPRESSWAY P.I.N B. I. N. 1039910 P. 1. N. 5470.19 Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks & Streets to enter into all necessary agreements and pay local share of costs related to NYSDOT Project BIN #1039910, PIN #5470.19 for a watermain betterment over the Scajaquada Expressway, Route 198. This watermain betterment project is being combined with rehabilitation of the Grant St. Bridge over Route '198 to improve vertical clearance and improve aesthetics in the Scajaquada Corridor. The existing 48" water line, which is now, a stand alone, overhead structure will be removed, re- routed and attached to the rehabilitated Grant St. Bridge. The City's estimated share of costs is $225,000 which will be available in a Water Division Capital Project Account. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into all necessary agreements and pay local share of costs related to NYSDOT Project BIN # 10399 10, PIN #5470.19 for a watermain betterment over the Scajaquada Expressway, Route 198. The City's share of cost is $225,000 which will be available in a Water Division Capital Project Account. PASSED AYES -13 NOES -0 NO. 28 REQ AUTH /PERM ENTER AGREE W /CO OF ERIE APPL NYS FIN ASST MUN WASTE REDUCTION RECYCLING At the request of the Mayor, this department has met with the County of Erie Department of Environment and Planning to discuss recycling education within the City of Buffalo. Also, State funds are available to produce an educational program. It is the recommendation of both this department and the County DEP that we join forces in this endeavor. We, therefore, request Common Council authorization to file an application with the State of New York for financial assistance for municipal waste reduction and municipal recycling projects in conformity with applicable state laws, and that the Commissioner of Public Works, Parks and Streets is authorized to act in connection with the application to provide such information as may be required, and to sign any resulting contract if the application is approved by the State. We also request authorization for the Mayor to enter into an agreement with the County of Erie to implement the program, and to provide $35,000 annually as our local match to the State Grant, for the years 2002 - 2005. The $35,000 will be available from funds provided to the City by BFI under the terms of their contract for the disposal of recyclable materials. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 REQUEST TO RENAME KEATING STREET "JAMES P. COPPOLA SR. BLVD." ITEM 4153, C.C.P. 11/12/02 This is in response to the recent resolution filed by Councilmember Fontana to rename Keating St. between Elk and Seneca Sts. to James P. Coppola Sr. Blvd. Our department's longstanding policy in these matters is to avoid actual renaming of city streets for historical, safety and legal documentation issues. This policy has been supported in the past by the Preservation Board, Police, Fire, Planning Board and the U.S. Post Office. We have no objections to the installation of "trailblazing signs" honoring Mr. Coppola as allowed by the New York State Manual of Uniform Traffic Control Devices. According to our records, this city street was dedicated as a 60' right of way named Keating St. on August 22, 1928. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 2002 -2003 SNOW PLAN As required by Section 15 -35 of the City Charter, enclosed please find the department's 2002 -2003 Snow Plan. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES FROM THE COMMISSIONER OF POLICE NO. 31 "J. GOLOMBEK - INFO- ADS ON POLICE CARS" ITEM #53, C.C.P. NOVEMBER 12,2002 In response to the aforementioned item, please be advised that I am not in favor of any such efforts to place advertisements on police vehicles as a means of addressing the city's fiscal crisis. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective: November 18, 2002 in the Department of: Police to the Position of: Motor Equipment Maintenance Supervisor I Permanent Promotion at the Maximum Starting Salary of: $ 35,381 David J. Botticello, 24 McClellan Circle, Buffalo, N.Y. 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 33 FIRE INVESTIGATION UNIT #47 CCP NOVEMBER 12,2002 As the Commissioner of Fire I have the managerial right to appoint members of the department to serve on the Fire Investigation Unit. Attached is the Agreement between the Buffalo Fire Department and Local 282 designating specific positions as being exempt from the operation of the seniority clause contained in the Collective Bargaining Agreement. Respectfully submitted, REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 34 SHEA'S O'CONNELL PRESERVATION GUILD DOORWAY LICENSE AGREEMENT The Shea's O'Connell Preservation Guild proposes to enter into an agreement with the City of Buffalo to put a doorway from the Shea's lobby to an adjacent building owned by Shea's. The purpose of the doorway is two -fold. First, the box office would be moved to the adjacent building. This would save Shea's $25,000 a year in rent that was previously paid to the owners of Theater Place. Second, this would enable Shea's to put a men's and women's restroom on the first floor. The agreement requires that construction plans be approved by the Commissioner of Public Works, Parks and Streets. A proposed Doorway License Agreement between Shea's and the City of Buffalo is attached for your review and approval. The agreement has been reviewed by and is acceptable to, the Commissioner of Public Works, Parks and Streets. The Law Department respectfully requests the Common Council to approve the agreement and authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated November 19, 2002 be received and filed; and That the Mayor be, and he hereby is authorized to enter into a Doorway License Agreement with The Shea's O'Connell Preservation Guild to put a doorway from the Shea's lobby to an adjacent building owned by Shea's. PASSED AYES -13 NOES -0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 35 C. FISHER -J. HALL -REQ. UPKEEP -246 COMSTOCK AVE NO. 67. C.C.P. 10/29/2002: 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following- information. Upon further investigation it was found that the Building Inspector assigned to the University District has had an active file on this property from May of this year. Several follow up inspections have been performed and this property appears to be in substantial compliance with the Housing and Property Code of the City of Buffalo. We will continue :o monitor this property for any future problems that may arise. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 C.FISHER- M.HOUSE- CONCEMS -KEMS AVE ITEM NO. 69, C.C.P. 10/29/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The writer wishes to have a brick wall erected adjacent to her property to help control illegal activity in her neighborhood. Please be advised that the Department of Permit and Inspection Services does not have responsibility for funding and erecting newly built structures on privately owned property. If there are problem properties that she has concerns with she can bring her issues to her block club or directly to our Department. We will make every attempt to prosecute all violators of the Housing and Property code to assure compliance. If criminal activity is taking place in her neighborhood, this homeowner should contact the Department of Police to voice her concerns. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 37 C.FISHER- E.PAYTON -REQ ASSIST - CLEANUP -84 LARK ST. ITEM NO. 71, C.C.P. 10/29/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As result of your Honorable Body's request Building Inspector Donald Grzebielucha was dispatched to this site. This project was a demolition that was performed last year by SMB Contracting. As this job is still under warranty, the contractor has been notified to return to this site to retrograde and clean up and debris. We wish to assure your Honorable Body that we in the Department of Permit and Inspection Services will follow up on this project to assure compliance with all City of Buffalo Requirements. It is my sincere hope that this response satisfies your I inquiry. RECEIVED AND FILED NO. 38 EXPAND RADIUS OF PROTECTION TO HISTORIC BUILDINGS ITEM NO 13 K C.C.P. 10/29/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. We in the Department of Permit and Inspection Services are willing to assist in any manner to expedite and to assure compliance with all existing ordinances. Revisions to any and all ordinances should take into consideration the practical application and manpower needs to make the intentions of theses types of proposals doable. I the proposed amendment to Section 337 -5, Paragraph F. of the Ordinances of the City of Buffalo, your Honorable Body is proposing a three hundred (300') foot radius from a "Landmark" as described in the proposed legislation. This proposed legislation will identify a historically significant structure that will effect the surrounding area, which will encompass approximately six and one half (6 72) acres of land. It is possible that in this six and one half (6 72) acre are will affect dozens of properties. It is a daunting task when handling the volume of permits The Department of Permit an Inspection Services is responsible for to add the additional responsibility to monitor all the properties on a tract of land o six and one -half (61/2) acres in area. This is not doable at current staffing levels. As an option to making changes t current legislation that is difficult enough to enforce, we in the Department of Permit and Inspection Services suggest that the Division of Planning in particular the Historic Preservation Personnel inventory the buildings they wish to say Currently, the Division of Planning supplies all interested parties with a list of street and address ranges that are government by the Historic Preservation Legislation. Unless a property is a National or Local Landmark. this list is not address specific. Permit Office Personnel and the Division of Data Processing has generated the listing that exists in OL computer database. The lack of a comprehensive database prevents our Department from generating any type ( preservation activity report. Currently reports are generated based upon a census tract or street and then on super flow data must be removed. Again the Historic Preservation Personnel have not generated any listing that identifies historically significant structures. If there is an error in this database, and if a demolition permit is issued in error, the responsibility falls to the Department of Permit and Inspection Services. By the City of Buffalo employees following existing legislation and creating a comprehensive listing of properties Historic Preservation wishes to have jurisdiction over, a data base can be created to assure no illegal demolition or repair activity will take place. In years past, Th Department of Permit and Inspection Services prepared a list of "at risk " properties. This initiative was not complete because of the legal definition of an "at risk" property. Currently, prior to any privately funded demolition of an properties excluding fire emergencies, the Division of Planning, Historic Preservation is notified of demolition activity on a particular property and a verbal release is given by telephone from the Historic Preservation Representatives. We 1 the Department of Permit and Inspection Services have been informed by the Division of Planning that all demolition permit applications are subject to a SEQRA (State Environmental Quality Review Act) review. The Permit Office give an applicant for a Demolition Permit a SEQRA (short form) form to fill out to determine if a negative declaration can b achieved. The applicant is told to fill out the front portion of this form and sign it. The rear potion of the SEQRA (short form) is to be filled out by someone in the City of Buffalo's employ and a determination made as to whether a negative declaration can be given or if a full blown and complete SEQRA review will be needed. Personnel in the Department Permit and Inspection Services are not trained to review the SEQRA forms nor is it a portion of their assigned charge. of this writing, this form is filled out by the applicant and is merely attached to the paperwork filed with the Demolition Pen -nit Application and is not reviewed or approved by any City of Buffalo Representative. It is our understanding the SEQRA (State Environmental Quality Review Act) format and review fall under the jurisdiction of the Division Planning in particular the Division of the Environment. The Department of Permit and Inspection Services has expanded the number of Building Inspectors enforcing preservation standards. These Building Inspectors have been instructed both local codes and the legal process involved. We have also met with members of the Buffalo Preservation Board determine a structure's viability. The Department will continue to have representatives appear at Preservation Boa Meetings. In closing, it is this Departments belief that if a comprehensive inventory of Historic Preservation properties identified, and this listing of properties is computerized and tied in with the Permit Office database so that the margin error minimized in the issuance of demolition permits, will be more effective than legislation that continues to place more restrictions that are difficult if not impossible to enforce under current manpower conditions. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO.39 RESTAURANT DANCE CLASS III 79 W CHIPPEWA Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for- a Restaurant Dance Class III License located at 79 W Chippewa and find that as to form it is correct. [ have caused an investigation into the premises for which said application for a Restaurant Dance Class III License i,— being sought and according to the attached Certificate of Compliance, 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 R, Sherk. The attached hereto for Michael R. Sherk, d /b /a McMonkeez Buffalo LLC. This request is submitted for our approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 RESTAURANT DANCE CLASS III 3053 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 3053 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III 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 Anthony Gerace. The attached thereto for Anthony Gerace d /b /a La Boom Nightclub Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 SECOND HAND DEALER 2168 SENECA 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 2168 Elmwood and find that as to form is correct. I have caused an investigation into tile 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 — N,itli all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jordan All. The attached thereto for Jordan Ali d /b /a Jordan's Furniture. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 SOLICITATION OF FUNDS PERMIT Attached is an application for Solicitation of Funds for Deeper Life Church to solicit funds in the Buffalo area in the month of April 2003. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspection Services dated November 12, 2002, be received and filed; and That pursuant to Chapter 316, Article VI of the City of Buffalo Ordinances, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant Deeper Life Church an exemption to solicit funds in the City of Buffalo in the month of April 2003. PASSED AYES -13 NOES -0 NO. 43 STRENGTHEN LAW TO CURB DOMO OF HISTORIC BUILDINGS ITEM NO. 139. C.C.P. 10/29/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. During the asbestos abatement performed at the Squire Building the exterior was damaged for access to the interior for the asbestos removal. The asbestos removal contractor without any approvals took the destructive action to the side of the building from the Department of Permit and Inspections Personnel. Asbestos removal from any building is a destructive action that will leave a substrate in worse condition than when the area was covered with asbestos containing material. As asbestos removal is also a prerequisite to any demolition, work we feel that legislation such as this considers further examination. If my staff or myself can be of any further assistance in this matter, please feel free to contact me. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 USED CAR DEALER 2140 GENESEE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2140 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and 3ther applicable laws. I have caused an investigation by the Police Department into the moral character of Frank Corsi. The attached thereto for Frank Corsi d /b /a Genesee Auto Sale Corp. This request is submitted for your approval or whatever action You deem appropriate. Mrs. LoTempio moved: That the Commissioner of Permits and Inspections be and he hereby is authorized to issue a Used Car Dealer License to Frank Corsi d /b /a/ Genesee Auto Sale Corporation located at 2140 Genesee. PASSED. AYES -13 NOES -0 No. 45 Certificate of Appointment Appointment Effective 11/09/2002 in the Department of Division of to the Position of Permit and Inspection Services Fuel Devices Combustion Inspector - Permanent 55A Non - Competitive at the maximum Starting Salary of: $42,289.00 John A. Loughran, 205 Marine Drive, Apt. 7A,Buffalo., NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective November 19, 2002 in the Department of Division of to the Position of, Community Services Substance Abuse Services Counselor III, Permanent Appointment, Non - Competitive at the maximum starting salary of $32,762 Karen Berneski, 211 Brinkman, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective November 25, 2002 in the Department of Community Services, Division of Senior Services to the Position of Senior Citizen Specialist Supervisor, Permanent Promotion at the Intermediate Starting Salary of $ 31,514 Gail Marino, 195 Aldrich Place, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 48 FIRE INVESTIGATION UNIT #47 C.C.P. 11/12/02 After reviewing a Memorandum of Agreement between Local 282 and the City of Buffalo, date September 2, 1993, the Commissioner of Fire has the managerial right to appoint members of the Department to serve on the Fire Investigation Unit. Firefighters who serve as Fire Investigators are exempt from the seniority clause o the Collective Bargaining Agreement, and therefore are subject to reassignment by the Commissioner of Fire. RECEIVED AND FILED NO. 49 AMENDED CERTIFICATE OF APPOINTMENT Appointment Effective November 14, 2002 in the Department of Human Resources Division of Employee Relations to the Position of Benefits Manager, Permanent Appointment at the Intermediate Starting Salary of $38,172 Tracy Healy- Barker,:238 Highgate Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 50 EST. "SPEED ZONES" AROUND SCHOOLS LOCATED IN THE CITY OF BUFFALO EST. "SPEED ZONES" AROUND SCHOOLS EST. "SPEED ZONES" AROUND SCHOOLS. ITEM NO. #63, C.C.P. JAN. 8, 2002 #64, C.C.P. JAN. 8, 2002 COMM. 55, C.C.P. JAN. 8, 2002 The following schools are suggested because of their number of walkers, past vehicle /pedestrian injuries and complaints re: car speeding near the school. 1. #32 Bennett Park Montessori 2. #33 342 Clinton Street 157 Elk Street Performing Arts 333 Clinton Street 3. # 51 4. #54 101 Hertel Avenue 235 Main Street 5. #61 6. #64 - Olmstead 453 Leroy Avenue Amherst & Lincoln Parkway 7. #67 - Olmsted Discovery 8. #171 911 Abbott Road 1409 West Delavan 9. #80 10. #81 600 Highgate Avenue 140 Tacoma Avenue 11. #93 - Southside 12. #94 - West Hertel 430 Southside Parkway 489 Hertel Avenue 13. #99 - Stanley Makowski 14. Burgard High School 1095 Jefferson Avenue 400 Kensington Avenue 15. Hutch -Tech High School 16. McKinley High School 256 South Elmwood Avenue 1500 Elmwood Avenue 17. Seneca Vocational 18. South Park High School 666 E. Delavan Avenue 150 Southside Parkway REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF OF PUBLIC WORKS, PARKS AND STREETS FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 61 MINORITY BUSINESS UTILIZATION REPORT BM HA- 10/01 -10/02 Attached please find a Minority Business Utilization Report for the Buffalo Municipal Housing Authority for the periods as stated above. REFERRED TO THE SPECIAL COMMITTEE ON MINORITY BUSINESS ENTERPRISE FROM THE CITY CLERK NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 69 Delaware Ave The New York Deli III Corp 69 Delaware Ave 348 Pearl Street Melanie L. Wilke Melanie L. Wilke 662 Hertel Ave Roberto Becerril Roberto Becerril 581 Delaware Ave LFH- Buffalo Inc 581 Delaware Ave RECEIVED AND FILED NO. 63 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: x Public Works, Streets & Parks- Sandra Ortolano x Police- Ellen Mann RECEIVED AND FILED. NO. 64 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED NO. 66 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective: November 20, 2002 in the Department of Common Council to the Position of Intern IV, Seasonal Non - Competitive at the Flat Starting Salary of $6.00 /hr Sarah M. Shuster. 435 Herkimer St.. Buffalo. NY 14213 NO. 66 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 11/19/2002 in the Department of Administration & Finance, Division of Inventory & Stores to the Position of Laborer II, SEASONAL Non Competitive at the Flat Starting Salary of $8.15 /HOUR Lakeith Watts, 149 E. Amherst, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective: November 20, 2002 in the Department of Strategic Planning, Division of Real Estate to the Position of Laborer 11 Seasonal, Non - Competitive at the Flat Starting Salary of: $ 8.15/hr Kerwin Boswell, 539 Sherman, Buffalo, NY 14211 Michel J. Fahey, 46 Juniata Place, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective November 28, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal at the flat Starting Salary of $8.15/hr Terry Freeman, 410 Clinton Street, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment Effective: November 27, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the Flat starting salary of $8.15/hr, Ernest Riley, Jr., 692 Northampton, Buffalo, NY 14211 Marlino Gress, 45 Saratoga Street, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective! November 26, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr David Zielinski, Jr., 224 Geary Street, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective! November 25, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Ronald J. White, 79 Flower Street, Buffalo, NY 14214 Glenn L. Bender, 266 Lisbon, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective! November 22, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Andrew Smolkovich, Jr., 422 Huntington Avenue, Buffalo, NY 14214 Ian S. Feldmann, 168 Arbour Lane Apt. 3, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective! November 20, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Rian C. Milligan, 88 Kentucky, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment Effective! November 21, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr CERTIFICATE OF APPOINTMENT Appointment Effective November 21, 2002 in the Department of Public works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer, Seasonal Non - Competitive at the Flat Starting Salary of $8.15//hr Jeffrey D. Cornman, 122 Brinton, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective! November 18, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr James LeGrand, 48 Glenwood, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment Effective! November 19, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Samuel T. Campbell, 108 Sterling Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective! November 14, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Frederick T. Mosca, 588 Dorrance Avenue, Buffalo, NY 14218 CERTIFICATE OF APPOINTMENT Appointment Effective! November 15, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Horace Miller, 61 Gatchell, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective! November 14, 2002 in the Department of Public Works, Parks and Streets, Division of Recreation to the Position of Rink Attendant, Non Competitive, Seasonal at the Flat Starting Salary of $8.15/hr Michael M. Schieber, 168 Dundee, Buffalo 14220 NO. 67 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective 11/19/02 in the Department of Administration & Finance to the position of Laborer II, Permanent, Non Competitive at the Flat Starting Salary of $24,429.60 Phillip Anderson, 125 Shumway Ave, Buffalo NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Motor Equipment Mechanic, Temporary Appointment at the Minimum Starting Salary of $28,999.00 Kenneth F. Kubisty, 180 Weimar Street, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective November 12, 2002 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Enforcement Officer Provisional Appointment at the minimum Starting Salary of $25,793 Ricky T. Donovan, 329 North Ogden St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective: November 18, 2002 in the Department of Audit and Control, Division of Cash and Debt Management to the Position of Supervising Accountant, Temporary Appointment at the Minimum Starting Salary of $41,617 Jeni Wozniak, 27 Lombard Street, Buffalo. NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective: November 14, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary (As required) Appointment at the Flat Starting Salary of $10.25/hr Peter A. Tabone, 32 Tacoma Ave, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: November 9, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary (As required) Appointment at the Flat Starting Salary of $10.25/hr Francis Cunningham, 52 Morgan Road, Buffalo 14220 Patrick Lonergan, 24 Red Jacket Parkway, Buffalo 14220 Michael J. Quinn, 30 Lockwood Avenue, Buffalo 14220 Ronald C. Waszkielewicz, 21 Melrose Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective November 12, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Clerk Temporary Appointment at the Flat starting Salary of $23,949 Linda Conrad, 102 Columbus Avenue, Buffalo, New York 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS No. 58 United Neighborhood Info - RESTORATIVE JUSTICE We at United Neighborhoods would like to introduce you to an innovative new project that we are initiating in Buffalo's neighborhoods. The project is called Restorative Justice. It's roots are centuries old within the Native American Judicial Traditions. With Restorative Justice, offenders are held accountable for the offence they commit and along with the victim and community members establish by what means the offender repays for his /her actions. This type of system works because there is a direct accountability of the offender, reparations made to the victim, and a healing that takes place throughout the process. We all know that crime is a difficult reality, especially for the victim and the community. Our present judicial system does not address the needs of the victim or community members. Restorative Justice helps in repairing the damage of crime and making things as right as possible by involving the victim, offender and members of the community through a mediation process. In this type of restorative alternative, the victim and community members are given an opportunity to express the adverse effects of crime with the offender who participates in the healing and restorative process. All parties effected by an offense have an opportunity to participate in the mediation. The offender comes to terms with the impact of his /her actions, while the victim and community can express how the crime has affected them, and an effective resolution can be reached between all parties involved. This approach is an alternative to the traditional justice method of punishment. It effectively involves healing and restitution in an agreement between all those impacted by an offense. United Neighborhoods, The Dispute Settlement Center, and Child & Family Services have agreed to work in collaboration to provide Restorative Alternatives to targeted neighborhoods in the City of Buffalo. United Neighborhoods was created to increase neighbor participation in advocating for safe, healthy, informed communities. United Neighborhoods works with a network of block clubs, community leaders and residents that have demonstrated grassroots support for problem solving and conflict resolution in order to create and preserve peaceful community living. Child & Family Services has been in existence for 129 years. Their goal is to strengthen families and promote the well being of children through prevention, intervention, education, and advocacy. The Dispute Settlement Center has a 20 -year history of expertise in designing and managing conflict resolution programs, in particular community mediation. By working together, United Neighborhoods and Child & Family Services have initiated Victim Impact Panels to provide opportunities for crime victims to talk about their experiences and educate young offenders about the harmful consequences of their behavior on the community. In addition, United Neighborhoods and The Dispute Settlement Center will provide opportunities for residents with neighborhood, housing, family, or other interpersonal community disputes to resolve problems before escalation, violence, and /or court becomes the only alternative. If you or someone you know has been affected by a crime and would like to know more about this non - traditional approach to justice, please contact me @ 882 -7814 ext. 22 RECEIVED AND FILED NO. 59 CIMINELLI GROUP CIMINELLI ON THE MOVE WITH DIVERSITY AND INCLUSION Over the past month, we have redoubled our efforts to strengthen the women and minority owned business environment in our City and to develop our diverse workforce. Ciminelli has added two staff positions dedicated to these efforts. Katrina Arnold has been promoted to the position of Coordinator of Minority Business Initiatives. In this role, Katrina is the primary point of contact for all minority and women owned business owners who are interested in exploring opportunities related to the Buffalo Schools project. Katrina will work on creating links between these firms and majority business enterprises, through networking opportunities mentoring programs etc. Katrina will also work with MM/BE's identify low and no cost resources to assist them with the challenges of running a small business. More details on these specific initiatives will be presented in the months ahead. Our second new position, Coordinator of Diversity and Inclusion was awarded to Eric Johnson in late September. We are already feeling the positive impact of having Eric on board. In this role, Eric is responsible for building a diverse workforce within Ciminelli and for ensuring that our corporate culture is welcoming and conducive to the retention of women and minorities. Eric is also engaged in outreach, assisting Ciminelli partner companies in achieving the inclusion requirements of this project. Eric is already establishing relationships with youth and employment coordinators in Buffalo's Hispanic, African - American and Native American communities JOB FAIR: The "Build Buffalo Schools Job Fair" was held on October 28th. It was huge success, bringing an extremely diverse candidate pool together with employers who are hoping to engage on the project. It was a total team effort with Ciminelli, the New York State Department of Labor, and members of Career Path leading the way. A total of 957 candidates were registered at the Fair by the Department of Labor. These resumes were sent to Albany to be scanned and put on a CD -ROM that will be distributed to the employers who attended the fair. In the coming weeks, we will track the job opportunities offered by employers participating at the fair, number of attendees interviewed and hired. CIMINELLI STAFFING: We are continuing to pursue our corporate objective of enhancing minority and women participation in Ciminelli's workforce, as evidenced by the establishment of the two new positions mentioned above. Additionally, we are proud to report that over the past six months, 40% of our 32 new hires were minority and 40% were women. We collected over 200 resumes at the Job Fair, mentioned above, and have already begun the interviewing process, with more than a dozen Job Fair candidates scheduled to interview within the next two weeks. We have also enlisted the help of Ava Kemp, Owner of Exceptional Staffing (a WMBE) to aid us in our staffing efforts. Ms Kemp has identified candidates who will fit our staffing needs and has put in place the procedures to give us the best - qualified candidates. CIMINELLI MENTORING /SHADOWING: On November 5, 2002 a group of four high school students took part in a shadowing opportunity at the Erie County Court House project. This shadowing opportunity was a cooperative effort between the Buffalo Urban League and Ciminelli. It gave the students hands on experience of the daily work of a tradesman. We at Ciminelli are looking at putting into place more shadowing opportunities that may move into internships, and through to scholarships and eventual full time employment. Eric Johnson is leading this effort for Ciminelli. Over the past month, Eric has met with Kate Rooney, Director of Secondary Education BPS, to see what the starting point is for the Buffalo Public schools and he has joined the Outreach Subcommittee on Career Path. He will continue to build his network with BPS, university and community organizations, focusing on the development of early -start programs that will help to ensure a prepared workforce for the duration of this project and beyond. Eric also has scheduled a meeting with Sandy Salsone of Wegman's Youth Program to learn more about their success and best practices. The overall aim is to develop a program that is most effective for the community, the schools and, most importantly, the children. REFERRED O THE MINORITY BUSINESS ENERRISE SPECIAL COMMITEE NO. 60 GROG A waterfront patio restaurant! Copy available in City Clerks office for review REFFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND DIRECTOR OF STRATEGIC PLANNING NO. 61 M. RODGERS CONCERNS LEAF PICK UP JOHNSON PARK BIAS KNOWS NO BOUNDRIES IN BUFFALO I am writing concerning the evident bias the City Administration has shown between neighborhoods. Let's put aside all conversation and commiseration regarding the Common Council and look to the ongoing Problems. My question is brief Why, while paying the same taxes and garbage user fees, do we in the city of Buffalo have to stand on our heads to get an answer from the Mayor's Office regarding leaf pick -up? Richmond Avenue residents have told me they are instructed to rake piles on the curb of their homes for the city trucks to cart away. Other areas of the Elmwood District have the same service. We, on Johnson Park, pail of the largo Ellicott District, are instructed to fill clear bags with the leaves for pick up. After taking the extra time to not only fill bags, but also search out and purchase the appropriate mil of clear bags, we have yet to see pick -up of the leaves for over two weeks. Numerous calls have been placed to the Mayor's Hot Line and other departments in the city. Other calls go unanswered at Streets and Sanitation. Johnson Park is a residential park. The park area contains numerous trees. The leaves fall from these trees and the trees on personal property. We rake, we bag, we set out and nothing is done. We also have limited parking and the areas against the walkways where the bags are placed are not clear for cars to park. If the leaves are not picked up in the park, the grass dies. There is no re -seed program available, either. So, instead of planning great and wondrous things for small projects, instead of spending thousands of dollars renovating Richmond Avenue circles, why can't monies from these sources be put to use retaining areas that provide a tax base before we all move out? REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER PUBLIC WORKS NO. 62 INFO — S. HUNTER DEMO ORDER On November 6, 2002, 1 faxed correspondence to your office regarding the demolition order communicated by your organization to the various utility companies for my property at 560 Spring Street in Buffalo in error. I had hoped to receive an acknowledgement of that communication as well as an apology from your organization for the inconvenience and expense incurred. To date, I have heard nothing from you. Please advise me of the status of my request. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS AND INSPECTIONS, THE WATER AUTHORITY, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREET AND NATIONAL FUEL NO. 63 D. STABA ARTNIAGARA FALLS REPORTER Please file the attached letter regarding an article in the Niagara Falls Reporter for the upcoming Council Session to be held on Tuesday, November 26, 2002. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 64 B. DAVIS STATE OFFERS AMNESTY TO LATE TAXPAYERS Please file the attached letter regarding an article in The Buffalo News for the upcoming Council Session to be held on Tuesday, November 26, 2002. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL NO. 66 D. FARRAR NYSDEC SCAJAQUDA CREEK WEST AVE BRIDGE The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at Scajaquada Creek - upstream of the West Avenue Bridge in the City of Buffalo, County of Erie, was recently reclassified as a Class 4 in the Registry. The name and site I. D. number of this property as listed in the Registry is Iroquois GaslWestwood Pharm. Riparian, Site #915141 B. The Classification Code 4 indicates the site has been properly closed -- requires continued management. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Contaminated sediments have been removed from the creek and disposed of properly as required in the remedial design. The Remedial Action is complete and the site is now being managed under a long -term Operation and Maintenance (O &M) Program. The recovery of non - aqueous phase liquids from the substrata of the creek is continuing in accordance with the approved O &M plan. The reclassification to "4" is warranted. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll free number: 1(800)342 -9296. The Department of Health maintains a Health Liaison Program (Help) toll -free number: 1(800)458 -1158 Ext. 2 -7530. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT COMMISSION NO. 66 1001 DELAVAN AVE. HAZ WASTE DISPOSAL The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 1001 Delevan Avenue in the City of Buffalo, County of Erie, and designated as Tax Map Number 101.24 -1 -1 was recently reclassified as a Class 4 in the Registry. The name and site I.D. number of this property as listed in the Registry is Saginaw - Buffalo, Site #915152. The Classification Code 4 indicates that the site is properly closed -- requires continued management. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we car. correct our records. The reason for this recent classification decision is as follows: Excluding a small contaminated area underneath the above ground storage tanks, the Polychlorinated Biphenyl contaminated soils have been excavated and removed from the site. The ash like fill (which contains elevated levels of lead) deposited by the City of Buffalo remains on site. The site is paved and is used as a parking lot. The asphalt paving will reduce infiltration and hence mobility of lead into groundwater and nearby Scajaquada Creek. Under the Long Term Operation and Maintenance Plan, the groundwater will be monitored and the pavement will be maintained. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll free number: 1(800)342 -9296. The Department of Health maintains a Health Liaison Program (Help) toll -free number: 1(800)458 -1158 Ext. 2 -7530. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT COMMISSION No. 67 Haz. Waste 1 Howell St Marcon Erectors The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 1 Howell Street in the City of Buffalo, County of Erie, and designated as Tax Map Number 88.36 -2 -6 was listed in the Registry because there was some concern that hazardous waste was deposited there. The name and site I.D. number of this property is listed in the Registry as Marcon Erectors, Site #915173. The Department is proposing to delist this site from the Registry. The reason for proposing the removal of this site from the Registry is as follows: The Marcon Erectors Site is in a mixed residential, commercial, and industrial area. The exposed material within the open 25,000 gallon above ground storage tank (AST) had the potential to fill with precipitation and overflow into a compromised concrete containment area. Sampling of the sludge material had indicated polychlorinated biphenyls (PCBs) containing hazardous waste existed in the sludge and soils within the containment area. The potential for continued environmental degradation and the potential for human contact was present, and remained as long as the site remained unremediated. A State - funded removal action was completed, consisting of removal of the tanks and PCB contaminated soil in February 2000. A subsequent site investigation determined that there were no widespread impacts to the surrounding area and confirmed the success of the removal action. A Proposed Remedial Action Plan which detailed "No Further Action" was presented in a Public Meeting on March 16, 2002. A Record of Decision was sighed on March 29, 2002 Public comments about delisting this site are being received before the decision to remove this site from the Registry is finalized. If you would like to provide us with your written comments, please send them to: Mr. Maurice Moore New York State Department of Environmental Conservation Region 9 Headquarters Division of Environmental Remediation 270 Michigan Avenue Buffalo, NY 14203 The public comment period will end December 20, 2002. A summary of any comments we receive will be made available at our Region 9 Headquarters in Buffalo, NY. If we do not receive any new or additional information during this public comment period that changes our proposal, we will delist the identified site on or after January 20, 2002. We are sending this letter to you and others who own property near the site listed above as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll free number: 1(800)342 -9296. The Department of Health maintains a Health Liaison Program (Help) toll -free number: 1(800)458 -1158 Ext. 2 -7530. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT COMMISSION No. 68 Info — term limits Please place the attached Information concerning term limits on the agenda for the next Common Council meeting. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION AYES — BONIFCIO, COPPOLA, FISHER FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS AND THOMPSON — 12 NOES — DAVIS - 1 NO. 69 R. SMITH LOCALSHARE SENECA NATION CASINO REVENUE I am writing in regards to the local share of the Seneca Nation Casino Revenue. As you are aware in the original proposal made by the governor the local governments who would be hosting these casinos would have received minimal share of the generated revenue. Through the work of the Members of the, Assembly we were able to increase the allocations being allotted to the. local governments that would bare the additional expenses that are associated with a casino. With most municipalities within Erie County raising taxes I feel that the county should forgo its share of the revenues and give them to the host community. This will offset the additional expense of public safety services that they must provide without the need for additionally raising taxes. Thank you for consideration of this proposal. if you have any questions or I may be of any assistance please feel free to contact me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 REQ TO RENAME KEATING ST This is in reply to a letter from Lisa M. Collin, Sr. Legislative Assistant, dated November 13, 2002, regarding the request to Rename Keating Street (Hrg .12/10) "-- #153CCP Nov. 12,2002). Since Keating Street has no residential or business deliveries, there will be no operational or service concerns for us if the street is renamed. Consequently, the U.S. Postal Service has no objections to renaming Keating Street as "James P. Coppola, Sr. Blvd." Buffalo postmaster Donald L. Gross has given his support to the proposal. We would like to take this opportunity, however, to remind the Council that the renaming of streets is discouraged by the Postal Service because it inevitably results in major, long -term service disruptions, increased handling costs, and dissatisfied customers. We have endorsed the concept of adding "trailblazer' signs beneath the current street signs to honor individuals, rather than renaming streets. If you have any further questions about this matter, please let us know. REFERRED TO THE COMMITTEE ON LEGISLATION Sincerely, NO. 72 NO. 71 DUNN TIRE PARK NAMES /ADDRESSES 2002 EAS. MAINTENACE EMPLOYEES In response to a request made at the most recent Finance Committee, please find listed below the names and addresses of the 2002 seasonal maintenance employees at Dunn Tire Park. Cynthia Anderson 639 Grant St., Apt. #2 (13)883 -3163 Eric Anderson 94 Lombard St. (06) 208 -0519 Mohammed Bahlamish 389GriderSt.,Apt #1 (15) 993 -6128 Wanda Barnes 1942 South Park Ave. (2) 821 -2163 Roderick Cameron 438 Richmond Ave, Apt. # 204 886 -1622 Frank Cortelli 1188 Hertel Ave, Apt.# 205 (16) 447 -1258 Joseph Gonzalez 65 Beatrice Ave, (07) 603 -0066 Carrie Issacs 33 Churchill St. (07) 447 -0028 Pedro Marquez 517 Fourth St. (01) 990 -1326 Robert McDow 175 Victoria Ave. (14) 835 -9628 Gary Moore 230 Niagara St, Apt.# 303 (01) 883 -5141 Darlene Swenton 3 10 Newfield St. (07) 874 -2548 Steven Thompson 160 Woltz Ave. (12) 847 -0024 If I can assist you further, please feel free to call upon me at 884 -9660. REFERRED TO THE COMMITTEE ON FINANCE JAMES 0. GAUTHIER NO. 72 A SCHILLACI RE: Environmental Management Commission It is with great regret that I am writing to tender my resignation from the position of Commissioner of the Buffalo Environmental Management Commission. I continue to value the work of the Commission but find myself with insufficient time to allow me to participate in its important work in a meaningful way. RECEIVED AND FILED NO. 73 N ANDERSON CONCERNS — 736 HUMBOLDT PKWY I am responding to the communication dated October 24, 2002 concerning the Dept of Public Works, Parks and Streets to the Common Council. I found Mr. Allen comments most disturbing. I will like to touch on the need of 735 Humboldt Pkwy. Let me start by saying that it was not the Community fault that we had to move from the premises. Yes some concerned parents did ask for the environmental testing for Lead and Asbestos and the test did not come back in our favor. When these results were made known to the Community of the condition of the building, we were given a 30 days notice to move with the assurance that when funding was made available and the repairs were completed, we will be able to return. Now the readiness of the Building is in question? How sad that is. The Masten CAO of Erie Co. was housed in 735 Humboldt Pkwy. 25yrs +. It will be a let down to the Masten Community to take this building away from the citizens of it's service area. Over the years the- Masten CAO has helped thousands (Families and Individuals) providing unlimited services on a 5 day some time 7 -day basis. in and out of the Community, City and County. On a daily basis not only was the Masten CAO Neighborhood Services Dept. were in operation, please consider the following: The Masten Head Start Program which serviced Syr. old & 9 months to 5 yrs., over 130 children daily with 2 sessions (Morning and Afternoon) which began at 8:30a.m. Till 4:45p.m. The Masten Neighborhood Human Services JUSENDO Program serviced 30 children in the age range of 8yrs. - 18yrs. with their Back to Basis & Tutorial Program and even provided evening GED Program. Time: 2:30p.m. Till 8; 30p. m. (' Working Parents really depended on these programs, School busses would drop their children right at our door and there was also 4 Metro Bus routes that made it necessary to reach the building that sat in the heart of the Community) Can you imagine the effect if 735 Humboldt is taken away permanently? On an evening basis Countless community groups utilized 735 Humboldt: Masten Block Club Coalition, the Block Clubs that consist of the Coalition would meet on these premises for it's Monthly Meetings, not only the MBCC alone, but it served for a meeting place for Block Clubs in the surrounding areas. (' Participants could come to a building that was in walking distances from the homes of Senior Citizens.) Afro - American Police Association - met on a monthly basis and even during the Holiday season they distributed packages to the needy from the premises. Masten Neighborhood Advisory Council meeting where concerned Masten Districts citizens come to dialogue with each other monthly basis. Alcohol and Narcotic Anonymous meets on a weekly basis starting in the late of evening. This facility is open for these groups even on weekend for their Workshop and Fun Activities. This Facility stood ready to serve the Community interest on any and all necessary concerns. In conclusion, The Masten Community has always been placed last on the list. The Masten District as a whole has always been overlooked and pushed aside. We await your decision and we hope and pray that what was reported will give you and in sight on the importance of this Building location and its ability to serve its community like it has for so many years. Yes the building is old but it's the only asset we have left in the Masten Community. To lose 735 Humboldt Pkwy it will be a travesty. Thanking you in Advance for your continued cooperation, support and compliance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 74 A. THOMPSON -M. CUMMING- OPPOSE CASINO GAMBLING Please submit the attached item for the next Common Council meeting, which will be held Tuesday, November 26, 2002. Should you require further information, please feel free to contact me directly at (716) 851 -5145. Melissa L. Cumming 3360 McKinley Pkwy. - Apt. 4 Hamburg, NY 14219 July 5, 2001 1 am writing regarding the current controversy over potential casino gambling in the Buffalo and Niagara. Falls areas. Although I am relatively new to your district (since October 2000), 1 am a lifelong resident of Western New York. As a result, I have seen the declining economic and population trends in the city of Buffalo, which of course impact the entire metropolitan area. I am, in fact, a "victim" of these trends, having recently lost an office position at New Era Cap Company in Derby Given the weak economic situation, there is a natural tendency to grasp at any project that seems to have the potential to improve the local economy. There are numerous examples, however, to demonstrate that such individual projects (e.g., metro rail, convention center, Taylor's department store) do not guarantee success unless viewed in context with the long -term implications both economically and socially. Unfortunately, casino gambling seems to fall into this category as yet another "magic bullet" that appears tempting initially, yet does not pass the test for long term success. Economically, the project is promoted as a means of creating jobs. Testimony from those who have experienced the impact of casinos, however (e.g., in Detroit and Atlantic City), indicates that the majority of new jobs will be at the minimum wage level, so will do nothing to raise local income levels. Rather, most of the jobs created will be "lateral" shifts. In addition, I am concerned that the Buffalo area does not seem able to develop any truly unique concepts in its attempts to improve the economy. Invariably, the procedure is to re- create a project that has proven successful elsewhere but may not be appropriate for our population base or economic goals, One relevant example. of course. is Casino Niagara This facility appears to be operating success4ly and bringing tourist dollars (many, 'undoubtedly, from Western New York) to Niagara Falls, Ontario. However, it is unlikely that the addition of a casino in an area as close as Buffalo or Niagara Falls, USA will truly add significantly to Western New York's economy. Such similar facilities in such close proximity simply can not all remain successful. Ultimately, at least one (and likely, the "copycat ") will fail. We simply do not have the climate or expansive land to create a "Las Vegas of the East." Our efforts would be much better placed in developing the plan that will unify and build upon existing strengths. Socially, there are the secondary effects of casino gambling - addictions, crime, and population shifts. Again, those who have witnessed the impact of casinos can attest to the direct relationship between creation of gambling sites and an increase in gambling addictions, various forms of theft, and declining neighborhood conditions leading to population "flight." While these trends may impact a proportionately small percentage of individuals, any such negative effect is critical when applied to a region that is faced with an existing public relations and "Image" problem. I urge you to discourage any potential casino projects for Western New York. The last such proposal, only 2 -3 years ago, was defeated for the same reasons mentioned above; and there is no evidence to suggest that we are better equipped to support such a project now. Thank you for your efforts on my behalf. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 A. THOMPSON- ATTACHED MATERIALS GAMING STATISTICS AND FACTS Please file the attached materials, submitted at the November 4 the Casino Gambling meeting at the Buffalo Museum of Science, for the next Common Council meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 A. THOMPSON -INFORMATION NATL FUEL INSTALLATION OF GAS METERS IN HISTORIC DISKS Please submit the attached item for the next Common Council meeting, which will be held Tuesday, November 26, 2002. "Should you require further information, please feel free to contact me directly at (716) 851 -5145. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 77 A. THOMPSON -J METZGER- SUPPORT NO CASINO MOVEMENT Please submit the attached item for the next Common Council meeting, which will be held Tuesday, November 26, 2002. Should you require further information, please feel free to contact me directly at (716) 851 -5145. Sincerely, IN -HOUSE DENTAL SERVICES 800 Delaware Road Kenmore, New York 14223 Phone: 716-877-5740 Fax: 716- 877 -9580 Dear Antoine Thompson, I attended your panel presentation and open discussion at the Museum of Science last night, Monday November 4th. I wish to register my complete support of the NO CASINO movement Thanks to you, the panel, and all those who voiced opinions. Please continue in your efforts to bring the fraudulent casino concept before the public at large. Yours Truly, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 78 M WILLIAMS- CONCERNS CASINO GANING TRANSFER OF LAND Please submit the attached item for the next Common Council meeting, which will be held Tuesday, November 26, 2002. Should you require further information, please feet free to contact me directly at (716) 851 -5145. Sincerely, The transfer of property in the city of Buffalo to the Seneca Nation for the purpose of establishing a gambling casino. Dear Mr. Thompson, What have we come to when an arrangement as momentous as the relinquishing, in perpetuity, of the sovereignty of land in the middle of a city can be accomplished by behind - the - scenes plotters, without the involvement and consent of the public? This cynical ploy would be inexcusable even if it were in some way beneficial to the community. For good reason, gambling casinos ("Type 3 gambling are outlawed in New York State, including on Indian land. But, as usual, the powers- that -be in New York State are not inclined to let a little thing like the law stand in the way when politicians, financial interests, and /or developers want something. So we! mere citizens must cling to the hope that there is still enough integrity left in the system to rescue us from this outrageous circumvention of law and the democratic process. Your help is much appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 79 J. GOLOMBEK- J RAMSEY & OTHERS OPPOSE ISSUANCE OF LIQUOR LICENSE 561 FOREST Dear Mr. Michaux, Please include the following informational items regarding neighborhood opposition to the issuance of a liquor license for service /sales at 561 Forest Ave. on the agenda for the next meeting of the Common Council. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE STATE LIOUOR AUTHORITY REGULAR COMMIFTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 80 STATUS /UPDATE COB EEO /AFFIRM. ACTION PLAN (# 184,2/20) (CCP# 120 -JUNE 12,02) Mr. Coppola moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 81 COB EEO /AFFIRMATIVE ACTION PLAN (HR) (CCP #56 -OCT. 16,02) Mr. Coppola moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 82 STAFFING PROBLEMS IN CITY COMPTROLLER'S OFFICE (CCP #134 -OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 M. COPPOLA/B. DAVIS -W. CLARK, JR.- TRANSFER FROM JOB ASSIGN. -FIRE INV. (CCP #47 -NOV. 12,02) Mr. Coppola moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 84 APPT.- SENIOR ACCOUNTANT (INTER) (COMPT.) (CCP #12 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 85 ACCOUNT CLERK TYPIST (INTER) (ASSESS. /TAX.) (CCP #17 -NOV. 12, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 APPOINTMENT PRINCIPAL ASSESSOR (MAX) (ASSESS. /TAX.) (ITEM NO. 18- C.C.P. NOV. 12, 2002) That Communication 18, Nov. 12, 2002 be received and filed and the provisional appointment of Ann Marie LoFaso stated above at the maximum salary of $54,338 effective on October 31, 2002 is hereby approved. PASSED AYES — 13 NOES — 0 NO. 87 APPT. -SPEC. SERV. INSTRUCTOR III (MAX) (PW) (CCP #27 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 APPOINTMENT SR. CELLBLOCK ATTENDANT (INTER) (POL.) (ITEM NO. 30- C.C.P. NOV. 12, 2002) That Communication 30, Nov. 12, 2002 be received and filed and the permanent appointment of Norbert Ryan stated above at the intermediate salary of $30,828 effective on November 4, 2002 is hereby approved. PASSED AYES — 13 NOES — 0 NO. 89 APPOINTMENT SR. CIT. SPECIALIST (INTER 42) (CORN. SVS.) (ITEM NO. 34- C.C.P. NOV. 12, 2002) That Communication 34, Nov. 12, 2002 be received and filed and the permanent appointment of Robert V. Doyle stated above at the intermediate salary of $27,140 effective on October 28, 2002 is hereby approved. PASSED AYES — 13 NOES — 0 NO. 90 APPOINTMENT SR. CIT. SPECIALIST (INTER #3) (COM. SVS.) (ITEM NO. 35- C.C.P. NOV. 12, 2002) That Communication 35, Nov. 12, 2002 be received and filed and the permanent appointment of Muriel Somma stated above at the intermediate salary of $27,968 effective on October 28, 2002 is hereby approved. PASSED AYES — 13 NOES — 0 No. 91 Appointment Sr. Cit. Specialist (Prov.) (inter #2) (Com. Svs.) (Item No. 36- C.C.P. Nov. 12, 2002) That Communication 36, Nov. 12, 2002 be received and filed and the provisional appointment of Lisa M. Masiello stated above at the intermediate salary of $27,140 effective on October 28, 2002 is hereby approved. PASSED AYES -13- NOES -0 No. 92 Notices of Appts. - Temp. /Prov. /Perm. (C. Clk -) (CCP #45 -Nov. 12,02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 93 P. Thielman - Req. Finalization of Agree. 529 -535 Monroe St. ( #76, 10/1) (CCP #104 -Oct. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 94 Bond Resolution - Monument Restoration /Urban Beautification Account 3 100 (Item No. 154, C.C.P., Nov. 12, 2002) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of Urban Beautification improvements in the City, at the estimated total cost of $250,000. Passed. AYES -13- NOES -0 No. 95 Bond Resolution - Citywide Parks /Playgrounds Improvements Account 3 100 (Item No. 155, C.C.P., Nov. 12, 2002) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of improvements to various City Parks and Playgrounds at the estimated total cost of $2,500,000. Passed. AYES -13- NOES -0 No. 96 Bond Resolution - Infrastructure Improvements Citywide Account 3 100 (Item No. 15 6, C. C. P., Nov. 12, 2 002) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of infrastructure improvements and other related repairs and improvements in the City right -of -way, at the estimated total cost of $3,000,000. Passed. AYES -13- NOES -0 No. 97 Bond Authorizations "Rescinding" (Item No. 9, C.C.P., Oct. 1, 2002) (Item No. 82, C.C.P., Nov. 12, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the described bonds as contained in the above communication in the amount of $7,352,260 for various projects as listed. With the deletion of Signal Improvements - Various Passed AYES -13- NOES -0 No. 98 Independent Legal Counsel for the Common Council (Item No. 139, C.C.P., Sept. 3, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 99 Independent Legal Counsel for the Common Council (Law) (Item No. 42, C.C.P., Sept. 17, 2002) (Item No. 90, C.C.P., Oct. 1, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 100 Drug Asset Forfeiture Checks Received (6/27) (PW) (CCP #59 -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 101 Drug Asset Forfeiture Checks Received (8/22) (PW) (CCP #60 -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 102 Response to Req. Re: Drug Asset Forfeiture Funds (Pol.) (CCP #36 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 103 Funds Available in Drug Asset Forfeiture Account (Pol.) (CCP #29 -Nov. 12, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 104 Results of Negotiations - 1263 East Delavan Avenue (Item No. 7, C.C.P., Nov. 12, 2002) That the offer from Mr. Sidney Flood, residing at 1265 East Delavan Avenue, in the sum of Two Hundred Dollars ($200.00) for the purchase of 1263 East Delavan Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and. That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES -13- NOES -0 No. 105 Results of Negotiations - 179 Rother and 1107 Sycamore (Item No. 9, C.C.P., Nov. 12, 2002) That the offer from Mr. Lawrence E. Leman of the Polish Community Center, 10,81 Broadway, in the sum of Two Thousand Dollars ($2,000.00) for the purchase of 179 Rother and 1107 Sycamore, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES -13- NOES -0 No. 106 Results of Negotiations - 1028 Sycamore Street (Item No. 10, C.C.P., Nov. 12, 2002) That the offer from Mr. Ameera Khan, residing at 1026 Sycamore Street, in the sum of Six Hundred Dollars ($600.00) for the purchase of 1263 East Delavan Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES -13- NOES -0 Legislation (Richard A. Fontana, Chairman) No. 107 B. Rodriguez, Petition to Use 468 Niagara Street - Take -Out Restaurant (Item No. 60, C.C.P., Nov. 12, 2002) That after the public hearing before the Committee on Legislation on November 19, 2002, the petition of B. Rodriquez, agent, for permission to use 468 Niagara Street for a take -out restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 108 D. Domino, Petition to use 2162 Seneca - Sit -in Restaurant (Item No. 6 1 C.C.P., Nov. 12, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Fontana Moved: That after the public hearing before the Committee on Legislation on November 19, 2002, the petition of D. Domino, agent, for permission to use 2162 Seneca Street for "Just Pizza" sit -in restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 109 Al Keicher, Petition to use 205 Esser - Ground /Wall Signs (Item No. 62, C.C.P., Nov. 12, 2002) That the petition of Al Keicher, agent, for permission to use 205 Esser for ground /wall sign be, and hereby is approved with the following conditions: 1. Approval of the Zoning Board of Appeals. 2. That the sign is no higher than 5' (five feet). 3. That landscaping be provided at the base of the sign. 4. That the sign be at least 10' (ten feet) from the sidewalk. Passed. AYES -13- NOES -0 No. 110 B. Matta, Petition to use 62 Virginia Street - Pole Sign (Item No. 63, C.C.P., Nov. 12, 2002) That the petition of B. Matta, agent, for permission to use 62 Virginia Street for a pole sign be, and hereby is approved with the following conditions: I . Approval of the Zoning Board of Appeals. 2. That the sign is no higher than 6 1/2' Six and one half feet). Passed. AYES -13- NOES -0 No. 111 Appointment of Commissioner of Human Resources (Item No. 1, C.C.P., Oct. 29, 2002) That the appointment of Leonard A. Matarese, residing at 320 Sterling Avenue, as Commissioner of Human Resources effective November 27, 2002 be, and hereby is confirmed. Passed AYES -13- NOES -0 No. 112 Review of Nominee -Comm. of Human Resources (Law) (CCP43 I -Nov. 12, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 113 Re- appointment Member to the Buffalo Municipal Housing Authority (Item No. 1, C.C.P., Nov. 12, 2002) That the re- appointment of Sherill Colston, residing at 333 Parker Avenue, as a member of the Buffalo Municipal Housing Authority for a term expiring October 19, 2007 be, and hereby is approved. Passed AYES -13- NOES -0 No. 114 Appointment Member to the Board of Assessment Review (Item No. 14, C.C.P., Nov. 12, 2002) That the appointment of Ruthetta Smikle, residing at 126 Crescent Avenue, as a permanent member of the Board of Assessment Review for a term expiring September 30, 2007 be, and hereby is approved. Passed AYES -13- NOES -0 No. 115 Appointment (Temporary) Members to the Board of Assessment Review (Item No. 15, C.C.P., Nov. 12, 2002) That the appointment of Coralia J. Hetzner, residing at 67 Lancaster Avenue and Robert Zielinski, residing at 30 Lyman Street as temporary members of the Board of Assessment Review to serve twenty (20) to no more than forty (40) days as needed during the time period of December 2002 to mid - February 2003 be, and hereby is approved. Passed AYES -13- NOES -0 No. 116 Widen Preservation Strategy (CCP# 140 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED Prorated Licenses No. 117 (Item No. 155, C.C.P., Oct. 15, 2002) That the Common Council requests the Department of Permit and Inspection That the Common Council requests the Department of Permit and Inspection Services to devise a mechanism to allow for the prorating of license fees; and That the prorated fee only apply to an original license. Adopted NO. 118 E. CROTTY -30 "' ANNIVERSARY - FEDERAL CLEAN WATER ACT (CCP #48 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 S. PIER -AM. KENNEL CLUB - CONCERNS -SUPP. NON- DISCRIM. LAWS -DOG OWNERSHIP (CCP #75 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 B. NOYES -STATE LIQ. AUTH. -INFO. - UNDERAGE PATRONS IN ABC LICENSED EST. (CCP #74 -JULY 9, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 J. GOLOMBEK -A. JAMISON & O -OPP. ISSUANCE - ALCOHOL BEV, LIC.40 HARTMAN PL. (CCP #80 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 J. GOLOMBEK -A. JAMISON & O -OPP. ISSUANCE - ALCOHOL BEV. LIC. -40 HARTMAN PL. (POL.) (CCP #35 -OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 NOTIFICATION SERIALS #9527 (PW) (CCP #17 -OCT. 29,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 PEST MGMT. BD.-2002 ANNUAL RPT. (C. CLK.) (CCP #40 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 C FISHER -E PAYTON REQ ASSIST -CLEAN UP -84 LARK (SIC) HAWK ST (CCP# 71 OCT 29, 2002) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 C FISHER -E PAYTON REQ ASSIST -CLEAN UP -84 LARK (SIC) HAWK ST (CCP# 23 NOV 12, 2002 That the above item be and the same hereby is received and filed. ADOPTED NO. 127 T. ENGEL NYSDEC NEW FED MANDATED PROG CONTROL STORMWATER RUNOFF (CCP# 65 10/29/02) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 RESPONSE TO NYSDEC -REQ. TO STORMWATER RUNOFF(PW) (CCP #24 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 C. FISHER -J. HALL -REQ. UPKEEP -246 COMSTOCK AVE. (CCP #67 -OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 UPKEEP -246 COMSTOCK AVE. (PW) (CCP #26 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 J. GOLOMBEK -BLACK ROCK LL FOOTBALL - INSTALL LIGHTS - RIVERSIDE PK. (CCP #90 -MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 132 GOLOMBEK -BLACK ROCK LL FOOTBALL - INSTALL LIGHTS - RIVERSIDE PK. (CCP #44 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED Community Development (ANTOINE M. THOMPSON, CHAIRMAN) NO. 133 Q. LITTLETON - STOP NOTICE - BMHA - HUD - LAKEVIEW - HOPE VI PROJECT (ITEM NO. 109, C.C.P., SEPT. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 134 S. BANO -US HUD - LOSS -$1,8M CDBG FUNDS- FY2003 (CCP #62 -OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 BURA LOT - 893 -915 WASHINGTON STREET (ITEM NO. 2 1, C. C. P., JULY 9, 2 002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development, ADOPTED NO. 136 TRANSPORTATION STUDY - MARTIN LUTHER KING EXPRESSWAY ( #247, 5/30) (CCP #130 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 TRANSPORTATION STUDY - MARTIN LUTHER KING EXPRESSWAY (PW) (#36,2/20) (CCP #131 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 NYSDOT REQ. FOR MTG.- REHAB. OF KENSINGTON EXP.- ELM /OAK ART. TO RT. #198 (PW) ( #37, 3/19) (CCP #132 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 TRANSFER OF FUNDS - PARKSIDE LODGE (ITEM NO. 6.0, C.C.P., MAY 14, 2002) That the Comptroller be, and he hereby is authorized to transfer $65,000.00 from the Buffalo Urban Renewal Agency to Building Bonds Account 30334106 for the replacement of the roof at Parkside Lodge. PASSED AYES -13 NOES -0 NO. 140 B. DAVIS -B. FAVATA- DEPLORABLE CONDITIONS AT LASALLE PARK (CCP #73 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 P. STOKES - COMMENTS- SALE OF CITY OWNED PROPERTY (CCP #57 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 C. FISHER - MINUTES - WATERWAYS SUBCOMMITTEE-3/02,4/02, 6/02, 7/02 & 9/02 (CCP #51 -NOV. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 CREATING A MULTI - CULTURAL CENTER AT WAR MEMORIAL AUDITORIUM (BERC) (CCP #80 -MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 M. SCHMAND -BFLO PLACE -REQ. PART. -DISC. - CREAT. MULTI.- CULTURAL CTR. IN AUD. (CCP #98 -MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 C. FISHER -F. REDD -GREAT BFLO. SVGS. BK. /DEBT TO COB (CCP #70 -APR. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 BIDS - TABULATIONS - SAUNDERS CENTER EXPANSION (ITEM NO. 24, C.C.P., OCT. 15, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 147 LIGHTED SCHOOLHOUSE PROGRAM (COM. SVS.) (CCP #5 8 -JULY 9, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 ASBURY- DELAWARE METHODIST CHURCH - RIGHTEOUS BABE AS DEVELOPER (CP) (ITEM NO. 17, C.C.P., JAN. 22, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 149 R. KRESSE - RIGHTEOUS BABE RECORDS, INC. - PURCHASE ASBURY- DELAWARE METHODIST CHURCH (ITEM NO. 29, C.C.P., MAR. 5, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED ADOPTED Education (Charley H. Fisher III, Chairman) No. 150 C. Fisher -T. McKelvey -Req. Part. -Dev. /Renov. -Bflo. Pub. Schools (CCP #72 -Nov. 13, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 151 Rename Bflo. Voc. Technical Ctr. (Bd. Ed.) (CCP #79 -May 14, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 160 D. Francis -D. Anderson - Rspn. - RFQ -Prog. Pkg. /Dev. Svs. Prov. (CCP #85 -Mar. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 161 C. Fisher -D. Allen -Req. Admn, Cert. Process for COE /COB R. Cert. Bd. (CCP #75 -Apr. 2,02) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (Rosemarie LoTempio, Chairperson) No. 152 C. Fisher -Ann. Rpt.- Literary Volunteers of America /Bflo. & Erie Co. (CCP #70 -July 9, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 153 B. Grant — Concerns- # of People in Martha Mitchell Youth Challenge Prog. (CCP# 72 —July 9, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 154 Concerns -# of People in Martha Mitchell Youth Challenge Prog. (Bd. Ed.) (CCP #60 — July 23, 02) That the above item be and the same hereby is received and filed. ADOPTED Special Committees BI- NATIONAL BRIDGE TASK FORCE (James W. Pitts, Chairman) No. 155 Memorandum of Agreement - City and Buffalo and Fort Erie Public Bridge Authority (Item No. 13, C.C.P., Nov. 12, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pitts Moved: That the Memorandum of Agreement between the City of Buffalo and the Buffalo and Fort Erie Public Bridge Authority, be and hereby is approved and ratified. Adopted. MINORITY BUSINESS ENTERPRISE COMMITTEE (Charley H. Fisher III, Chairman) No. 156 M. Candelario -Min. Bus. Ut1. Rpt. -2/02 (CS) (CCP #46 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 157 A. Thompson -Legal Ads -Bd. of Ed. - Participation Rates (CCP #70 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 158 D. Anderson - Respn.- RFQ -Prog. Pkg. /Dev. Svs. Provider (CP) (CCP #26 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 159 D. Anderson - Respn.- RFQ -Prog. Pkg. /Dev. Svs. Provider (Bd. Ed.) (CCP #68 -Mar. 19, 02) That the above item be and the same hereby is received and filed. No. 162 Capital Budget 2003 Recommendations & 5 - Year Plan (Item No. 3, C.C.P., Oct. 29, 2002) (Item No. 1 10 C.C.P., Nov. 12, 2002) That the Capital Budget for 2003 & 5 - Year Plan as recommended by the Mayor in the above stated communication be and hereby is approved. Passed AYES -13- NOES -0 No. 163 Progress Report Update -Div. of Sub. Abuse Svs. (Com. Svs.) (CCP #50 -Oct. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 164 M. Murphy -City Court - Quarterly Rpt. -Div. of Sub. Abuse Svs. (CCP #72 -Oct. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED No.165 K. Friedman — Cit. Planning Council — 2003 Capital Budget Recom. (CCP #68 -Oct. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS By: Mr. Bonifacio No. 166 Re: Ordinance Amendment Chapter 263 - Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That Section 263 -26 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows: § 263 -26. Collector permit required; application; issuance. No person shall remove or cause to be removed any of the contents of any receptacle placed in or outside of a building for collection nor shall any person collect or perform the duties of a solid waste collector or convey, carry or transport any solid waste through, over or along any of the streets of the City of Buffalo as long as the City of Buffalo is collecting such solid waste in the city, except as follows: A. Any person who is the holder of a permit duly issued by the Erie County Health Department, pursuant to the provisions of Article VIII of the Sanitary Code of Erie County, may apply in writing to the Common Council for its approval to operate a disposal service for the collection of solid waste originating in the City of Buffalo. Such approval shall be subject to the following conditions and requirements: (1) The written consent of the Commissioner of Public Works, Parks and Streets (or his or her deputy). (2) That the applicant shall observe all the sanitary requirements as prescribed by the health ordinances of the City of Buffalo, all other applicable ordinances of the City of Buffalo and any regulations of the Department of Health of Erie County now or hereafter in effect. (3) That the Commissioner of Public Works, Parks and Streets (or his or her deputy) shall have the power to impose such conditions or restrictions regarding said disposal service as he or she may deem necessary and may from time to time change such conditions, restrictions or regulations and may, in his or her discretion, revoke the permit granted pursuant to this article at any time. (4) That the applicant shall provide to the Division of Streets of the Department of Public Works, Parks and Streets a list of commercial users within the city the applicant has contracted to service, with updating of the list of such contractees annually. The applicant shall disclose, within five days of the commencement or termination of any of its contracts, the commercial users to be serviced or to be no longer serviced under contract with the applicant. Disclosure by an applicant of the identity of the serviced commercial users shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise, disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of Article 6 of the New York State Public Officers Law (the Freedom of Information Law) and the federal Freedom of Information Act, 5 U.S.C. § 552. Failure to provide this information to the Department may result in the revocation of the permit granted pursuant to this article. (5) The applicant shall furnish receptacles which clearly identify the applicant as the entity servicing a commercial user. B. Issuance of permit. (1) If the application is approved by the Common Council, the Commissioner of Public Works, Parks and Streets shall issue to the applicant a permit to operate said collection and disposal services in such form as the Commissioner of Public Works, Parks and Streets may prescribe and subject to any conditions in reference thereto imposed by the Common Council. (2) The permit fee to be paid pursuant to this section shall be as provided in Chapter 175, Fees., of this Code. (3) No permit issued pursuant to this article shall be transferable. C. Revocation. The permit may be revoked if, after a hearing before the Commissioner of Public Works, Parks and Streets, it is determined that the collection and disposal service operates outside reasonable hours of operation and in such a manner as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensibilities. Reasonable hours of operation shall constitute 6 a.m. to 9 0 2.m.in a residential area. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new. PASSED AYES -13- NOES -0 By: Mr. Bonifacio NO. 167 Re: Ordinance Amendment Chapter 293 - Noise The Common Council of the City of Buffalo does hereby ordain as follows: That Section 293 -4 of Chapter 293 of the Code of the City of Buffalo be amended to read as follows: § 293 -4. Specific acts constituting unreasonable noise. The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: A. The use of any sound - reproduction device outside a structure either on private property or on a public right -of -way or public space at any time within the residential areas or within the commercial areas which, by causing noise, annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not be construed to prohibit public performances being conducted in accordance with the provisions of a special pen -nit granted by the city. B. The use of any sound - reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the residential areas or during night hours in the commercial areas whereby the sound can be audibly heard more than one hundred (100) feet from the real property boundary line from which the noise emanates. Sound which crosses any real property boundary shall be deemed to be projected within the meaning of this chapter. Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or structure, provided that the sound therefrom or any part thereof is not projected outside of any building or out of doors, or to prohibit the use of any apparatus with a personal earphone so that the sound therefrom or any part thereof is not audible to persons other than the user of the earphone. C. The operation of any sound - reproduction device on a vessel so that the sound therefrom is audible on land, which annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. D. The use and operation of any sound - reproduction device in a vehicle which would constitute a threat to the safety of pedestrians or vehicle operators or where conditions of overcrowding or street repair or other physical conditions are such that the use of a sound reproduction device would deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of a public street, park or place for public purpose and would constitute a threat to the safety and welfare of the public. E. The operation of any sound - reproduction device within five hundred (500) feet of any school, church, health -care facility, clinic or courthouse while the same is in session or conducting business Therein so as to interfere with the functions of such activities. F. The operation of any sound - reproduction device within five hundred (500) feet of any hospital, nursing home or similar facility whereby the sound emanating from the device can be audibly heard Within the building or structure therein and so as to interfere with the functions of such activities or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone. G. 'Yelling, shouting or hooting at any time or place so as to annoy or disturb the quiet, comfort and repose of a reasonable person of normal sensitivities. H. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any business, which annoys or disturbs the quiet, comfort and repose of a reasonable person of normal sensitivities. I. Construction activity. (1) The performance or engagement in construction work, building, excavating, hoisting, grading, demolishing, dredging or pneumatic hammering within the limits of the city between the hours of 9:00 p.m. and 7:00 a.m. that causes sound which annoys or disturbs a reasonable person of normal sensitivities in a residential real property zone, except for emergency work of public service utilities or as otherwise provided in Subsection I(b) herein. (2) Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and convenience, may apply to the Commissioner of Public Works for a special pen -nit allowing such activity. The pen -nits, if granted, shall be limited to a period of up to three (3) days' duration but may be renewed for additional periods of up to three (3) days each if the emergency or need continues. In the issuance of these permits, the Commissioner of Public Works shall weigh all facts and circumstances and shall deter -mine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship. J. The sounding of any horn, security alarm or other auditory signaling device in any vehicle, vessel, engine, machine or stationary boiler for period of time longer than five (5) minutes, except as required by law or to provide a warning signal during use thereof. This provision shall not be construed to prohibit the use and operation of a signal device in an emergency vehicle. K. The operation of a vehicle without an adequate muffler or exhaust system to prevent any unreasonable noise in violation of the Vehicle and Traffic Law § 375, Subdivision 3 1. L. The use and operation of any lawn maintenance device, including mowers, edgers, trimmers and power- driven hedge shears, between the hours of 9:00 p.m. and 7:00 a.m. that causes sound that annoys or disturbs a reasonable person of normal sensitivities in a residential real property zone. This provision does not apply to the operation such equipment on golf courses, M. The use and operation of air conditioners, snowblowers, solid waste collection vehicles and equui met it or other mechanical devices which cause noise that annoys or disturbs the quiet, comfort or Repose of a reasonable person of normal sensitivities, except upon cases of urgent necessity or upon the interests of public health, safety and convenience. This provision shall not be construed to prohibit the use and operation of city, county, state or other governmental equipment otherwise in compliance with the provisions of this chapter. N. The keeping of any animal or bird which causes noise that annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not apply to public zoos. 0. Any other excessive or unreasonable noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, except that the enumerated provisions of Subsections A through N of this section shall govern and regulate the actions and activities therein prohibited, and nothing contained in this Subsection 0 shall apply to those actions and activities set forth in Subsections A through N of this section. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new. PASSED AYES -13- NOES -0 BY: MR. COPPOLA NO. 168 SALARY ORDINANCE AMENDMENT 05- DEPARTMENT OF LAW 1046- LAW The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 05 - Department of Law, 1046 -Law which currently reads: 12 Assistant Corporation Counsel 11 $53,069- $ 66,015 3 Assistant Corporation Counsel I Muni Attorney $43,552 -$51,609 Is hereby amended to read: Assistant Corporation Counsel 11 $53,069- $66,015 Assistant Corporation Counsel I Muni Attorney $43,552- $51, 609 This position is subject to continued reimbursement from the Board of Education. IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. MICHAEL B. RISMAN, CORPORATION COUNSEL AND JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. MICHAEL B. RISMAN CORPORATION COUNSEL JAMES B. MILROY, DIRECTOR OF BUDGET, Hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend PASSED AYES -13- NOES -0 BY: MR. COPPOLA No. 169 SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE 1101 - DETECTIVE BUREAU 1103 - PATROL SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1 10 1 - Detective Bureau and 1103 - Patrol Services which currently reads: 1101 - DETECTIVE BUREAU 67 Detective $50,635 1103 - PATROL SERVICES 609 Police Officer $ 36,131 - $ 48,849 Is hereby amended to read: 1101 - DETECTIVE BUREAU 68 Detective $50,635 1103 - PATROL SERVICES 626 Police Officer $36,131 - $ 48,849 The increase of 17 Police Officers and t Detective is a temporary increase of authorized strength in the functions of Detective and Patrol due to funding from various Federal grants. As these officers move off Federal funding due to attrition or diminished funding, authorized strength will return to the original authorized level. IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. ROCCO J. DIINA, COMMISSIONER OF POLICE AND JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM PASSED AYES -13- NOES -0 By: Mr. Coppola and Ms. Grant NO. 170 Re: NFTA's North Buffalo Rail Corridor Whereas: The Niagara Frontier Transportation Authority has extensive land holdings in the City of Buffalo, some of which are abandoned rail lines; and Whereas: The NFTA's former rail property between Main, Delaware, Taunton and St. Lawrence streets, is an example of land that is poorly maintained and causing problems in the surrounding neighborhoods; and Whereas: This land is seldom policed or monitored and is frequently used for illegal dumping and various other illegal activities; and Whereas: Neighbors of the property have reported that the NFTA has been unresponsive when they have called with concerns; and Whereas: Neighbors have unsuccessfully requested that this property be blocked off from motorized vehicles; Now, Therefore, Be It Resolved That: This Common Council requests representatives of the NFTA to attend a Special Meeting of the Common Council Legislation Committee, to be held on December 5, 2002, at 2:00 PM in room 1417 of City Hall, to address problems with their former rail line property in North Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY By Messrs. Coppola, Franczyk, Bonifacio, Davis, Fontana, Golombek, and Ms. Martino No. 171 Law Enforcement Consolidation Symposium Whereas: Consolidation of the Buffalo Police Department and the Erie County Sheriff s Department is under consideration as a way of saving money for both for the City of Buffalo and Eric County; and Whereas: While there are those who believe that a consolidation of police services will produce a more efficient, higher quality of service, and less costly law enforcement agency for the city and region, there has been no evidence to date that validates such; and Whereas: The complexities of the issues that revolve around any consolidation, especially government consolidation, are many and should not be simplified in any way -, and Whereas: Any discussion of consolidating these departments must be open and inclusive, and seek the advice and input from an independent, professional organization with experience and expertise in the field of police management and consolidation; and Whereas: The International Association of Chiefs of Police is an association with such qualifications and proven ability -, and Whereas: In January, 1999, the IACP was commissioned to organize a law enforcement consolidation symposium for the City of Belvidere and Boone County to discuss the possible consolidation of their respective police departments; and Whereas -. The IACP developed a 'retreat format' symposium at the local college on a Saturday to maximize participation and minimize disruption; and Whereas: Invitees represented a wide spectrum of stakeholders, including: city and county government officials, police department and sheriff department leadership, sworn officers and civilians from both departments, and concerned citizens; and Whereas: There were three principle goals for the meeting: 1) to identify the universe of issues that need to be addressed and resolved in order to make an informed decision regarding consolidation, 2) to identify the necessary steps that must be taken to accomplish consolidation (if chosen) successfully, and finally, 3) to provide participants with sufficient preliminary information on consolidation to allow them to decide if sufficient rationale existed to continue dialogue, study or evaluation of consolidation- and Whereas: In order to have a meaningful and productive discussion about consolidation that attempts to achieve the best possible outcome, it is paramount to engage in such a meeting, like the meeting held by the City of Belvidere and Boone County, and with the assistance of the IACP. Now therefore be it resolved that: This common Council supports a City of Buffalo /Erie County law enforcement consolidation symposium before any consolidation effort takes place; and Be it further resolved that: This Common Council requests that the administration contact the IACP for the purpose of securing their services to assist In implementing said symposium and report back to the Common Council the results of their discussions with the IACP by filing with the City Clerk no later than 2:OOpm on Thursday, December 19, 2002; and Be it further resolved that: The City Clerk be directed to send, for comment, certified copies of this resolution and the accompanied attachment to the following.- Executive of Eric County, Erie County Sheriff, Erie County Legislature, Buffalo Police Benevolent Association, and Eric County Sheriff Police Benevolent Association. ADOPT FINAL RESOLVES, THE REMAINDER TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION A Y E- BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO AND MARTINO -9 N 0- FISHER, GRANT, PITTS AND THOMPSON -4 NO. 172 By: Brian C. Davis PERMISSION TO HANG CHRISTMAS DECORATION WITHIN THE CHIPPEWA ENTERTAINMENT DISTRICT Whereas: The Chippewa Entertainment Organization continues to work regularly on improvements to Chippewa Entertainment District area to include Chippewa Street, Delaware Avenue and Franklin Street; and Whereas: Representatives from the Chippewa Entertainment Organization has requested permission to temporarily install Christmas decorations in three (3) locations across Chippewa Street and on several light poles on Delaware Avenue, Chippewa Street and Franklin Street from December 2, 2002 through January 31, 2002 in celebration of the holiday season; and Whereas: The decorations to be installed will be three (3) New England Pine Wreathed Cross Street Decorations that will be forty (40) feet in length and will feature one three (3) foot wreath with lights, berries and custom bows; Whereas: In addition to the three (3) New England Pine Wreaths, the Chippewa Entertainment District would like to hang 16 New England Pine Pole Decorations on light poles on Chippewa Street, five (5) decorations on Delaware Avenue, and two (2) decorations on Franklin Street. Now Therefore Be Resolved That: This Common Council grants permission to the Chippewa Entertainment District to hang decorations in celebration of the Christmas Holiday on Chippewa Street, Franklin Street and Delaware Avenue from December 2, 2002 until January 31, 2002, providing that permission is granted from any building owner in which the decorations will be attached to that building; and Be It Finally Resolved That: All decorations meet the requirements of all pertinent City Departments and that no existing laws or ordinances are violated. PASSED. AYES -13. NOES -0. NO. 173 BY: MR. FRANCZYK CRITERIA FOR BUFFALO /ERIE COUNTY MERGER WHEREAS: The City of Louisville, Kentucky, merged its city government with surrounding Jefferson County government, thus creating Greater Louisville, now the 23 largest city in the nation with 530,000 people; and, WHEREAS: Other local governments throughout the nation have explored metropolitan government models for a number of reasons, generally to become more economically competitive in the global economy, or for greater economic efficiency; and, WHEREAS: Buffalo and Erie County have experienced and continue to experience economic decline as well as loss of population; and, WHEREAS - A merger of Buffalo and Erie County governments would create a Greater Buffalo of nearly one - million people, making Buffalo the I e largest city in the nation.; and, WHEREAS: In the world economy, business looks favorably on marketing an area as a metropolitan unit, and are inclined to channel investment accordingly; and. WHEREAS: Partial merger of various departments, or wholesale merger of Erie County and Buffalo governments have been suggested as various approaches to the question of regional governance; and, WHEREAS: Any discussions of a "Grand Solution," leading to a merged Buffalo /Erie County government should ideally include certain criteria containing, but not limited to: 1. The City of Buffalo and the county's other cities, towns and villages should maintain their independent incorporated status and identity. Government should remain local without being parochial. 2. The creation of a Greater Buffalo should trigger the release of the extra percent county sales tax back to the city; 3. Greater Buffalo should create Urban Growth Boundaries, as well as a Smart Growth strategy to channel substantial investment back to the urban core, thereby limiting sprawl development which has harmed the region as a whole -, 4. The Office of Mayor of the city of Buffalo and Erie County Executive would merge into Mayor (or County Executive) of Greater Buffalo, and the county legislature and Common Council would be blended into the Council of Greater Buffalo. The overall number of legislators would be lower than currently exists, but Buffalo representation would reflect the city's population and importance to the region. NOW THEREFORE BE IT RESOLVED: That city and county officials and all other interested parties be invited to discuss these and other matters as they pertain to a possible Buffalo /Erie County merger to create a Greater Buffalo and other matters as they relate to issues of regionalism. REFERRED TO THE COMMITTEE ON BUDGET. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO, PITTS -9. NOES - DAVIS, FISHER, GRANT, THOMPSON -4. NO. 174 BY: Mr. Franczyk & Mr. Golombek CREATE GREATER BUFFALO WHEREAS: Various regions in the nation have merged their local governments in order to compete more effectively in the global economy as well as improve government's ability to operate efficiently; and, WHEREAS: One of the most recent unions took place in 2002 when the City of Louisville, Kentucky, merged its city government with Jefferson County, creating Greater Louisville; and, WHEREAS: Louisville, with 264,000 people, united with its county of 261,000, thus creating a city of roughly 525,000 residents, making it the 23rd largest city in the nation, jumping up from 65th in the nation; and, WHEREAS: Small cities in the merged city /county will continue to exist and their powers and independent identities will not be reduced by the Louisville merger referendum; and, WHEREAS: In the world economy, business looks favorably on marketing an area as a metropolitan unit, and are inclined to channel investment accordingly; and, WHEREAS: Louisville is not the typical sun -belt city, but like Buffalo, was dependent on manufacturing; and, WHEREAS: Although there are significant regional differences, the Louisville model can provide some important information to explore a Buffalo /Erie County governmental merger; and, WHEREAS: The City of Buffalo, once the tenth largest city in the United States, has slipped to a declining mid -size city of under 300,000 people; and, WHEREAS: The County of Erie has also dropped population in the 2000 census; and, WHEREAS: The New York State Department of Labor has reported a loss of 2,300 jobs over the last two years in the Buffalo area; and, WHEREAS: The Buffalo /Niagara /Erie region is one of the most economically depressed in the nation, with no real indication the decline will abate any time soon; and, WHEREAS: To economically rejuvenate Buffalo and the area, it may be more productive to begin the process of organizing the area's governments as an efficient, competitive network of the new economy, as opposed to the continuation of numerous isolated, non - cooperating government entities; and, WHEREAS: A Greater Buffalo would be a city of nearly one million people, one of the top ten cities in the nation -, and, WHEREAS: Any meaningful attempt at governmental mergers, whether of departments, or whole structures, must entail a tremendous amount of dialogue, citizen input and cooperation among all levels of society, both public and private. The Louisville model took years of work within all segments of the community and passed by a 54% to 46% referendum vote after the third try; NOW THEREFORE BE IT RESOLVED: That the Common Council examine the viability of the Louisville merger and its applicability to Buffalo and Erie County, as well as any other regional models as a possible guide to Buffalo's future. This includes discussion with Louisville officials, local officials and all interested parties; and, BE IT FURTHER RESOLVED: That the Common Council initiate discussions on this issue and invite the input and participation of area local elected and appointed officials, as well as the broader citizenry. BE IT FINALLY RESOLVED THAT: The Common Council issue a report on the viability of creating a Greater Buffalo by June 2003. REFERRED TO THE COMMITTEE ON BUDGET. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO, PITTS -9. NOES- DAVIS, FISHER, GRANT, THOMPSON -4. NO. 176 By Mr, Golombek TRANSFER TITLE FOR PORTION OF KENMORE AVENUE TO ERIE COUNTY Whereas: Detached from the bulk, of its length is a small section of Kenmore Avenue between Military Road and Vulcan A\ Whereas: There is a recently opened Charter School located on the Town of Tonawanda side of the intersection of Vulcan and Kenmore Avenues. More than half of the students at this school are City of Buffalo children, and Whereas: This division of maintenance responsibilities causes constant inequities in routine maintenance such as snow plowing and pothole patching. The division has also made it problematic in planning the necessary improvements to Kenmore Avenue to ensure safe access to the school for City of Buffalo children, and Whereas: The Erie County Legislator that represents this area has indicated a favorable position towards having the County of Erie assume title of this section of Kenmore Avenue should the City of Buffalo request such an action. Therefore Be It Resolved: That this Common Council moves to transfer the title for the west side of Kenmore Avenue between Military Road and Vulcan Avenue to Eric County, and Be It Finally Resolved: That this Honorable Body requests that the City Clerks Office send, for comment, certified copies of this resolution to the following entities- City of Buffalo Department of Public Works, City of Buffalo Corporation Counsel, Erie County Department of Public Works, Erie County Law Department, Chairperson of the Erie County Legislature and the Supervisor of the Town of Tonawanda. ADOPT FINAL RESOLVE THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 176 By: Mr. Golombek TRANSFER TITLE FOR VULCAN AVENUE TO ERIE COUNTY Whereas: Vulcan Avenue serves as the border between the City of Buffalo "s Riverside neighborhood and the T own of Tonawanda's Old Town neighborhood. ownership of Vulcan Avenue is divided between the Town of Tonawanda and the City of Buffalo, and Whereas: There is a recently opened Charter School located on the Town of Tonawanda side of the intersection of Vulcan and Kenmore Avenues. More than half of the students at this school are City of Buffalo children. Many of them use of Vulcan Avenue, where there sections with no discernable sidewalk and no curbs, to walk to school, and Whereas: In its present state the condition of Vulcan Street is reprehensible. The section of Vulcan Street east of Tonawanda Street was built long before the original General Motors plant was constructed 50 years ago. Due to the insufficient infrastructure for the present type of traffic Vulcan Street and Riverside residents have suffered an eroding quality of life as the street has deteriorated into one of the worst stretches of road in New York State. Most of the street is absent of curbs and sidewalks forcing residents of Vulcan to walk in the street. There is inadequate if any storm drainage on the street resulting in severe flooding of the pedestrian areas subsequent to the slightest rainfall. At this time the City of Buffalo does not have the resources to repair Vulcan Avenue, and Whereas: In the County Budget for the year 2003, the Erie County Executive has proposed using $30 million dollars of Tobacco Settlement money for Bridge and Road Repair in Erie County, and Whereas: The Erie County Legislature representative for this area has indicated a favorable position towards having the County of Erie assume title of Vulcan Avenue should the City of Buffalo request such an action. Therefore Be It Resolved: That this Common Council moves to transfer the title for Vulcan Avenue to Erie County, and Be It Finally Resolved: That this Honorable Body requests that the City Clerks Office send, for comment, certified copies of this resolution to the following entities- City of Buffalo Department of Public Works, City of Buffalo Corporation Counsel, Erie County Department of Public Works, Erie County Law Department, Chairperson of the Erie County Legislature and the Supervisor of the Town of Tonawanda. ADOPT FINAL RESOLVE, THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 177 By: Mrs. Grant BOND RESOLUTION - $3,600,000 NEIGHBORHOOD REDEVELOPMENT/ CLEARANCE ACTIVITIES ACCOUNT 6600 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $3,500,000 General Improvement Bonds of said City to finance the cost of acquisition and demolition of abandoned and /or dilapidated structures, at the estimated total cost of $3,500,000. mue That @ arvmsmsM mi)d tctEfrtbet 'OdprofhkffitlppfrBtkftalD y W Town of Tonawand Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Three Million Five Hundred Dollars ($3,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of acquisition and clearance of abandoned and /or dilapidated structures and the preparation of sites for new development. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,500,000 as set forth in the duly adopted 2002 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Permit and Inspection, Division of Housing and Inspections, "Neighborhood Redevelopment /Clearance Activities 2002, Bond Authorization Account No. 6500, and shall be used for the class of objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the classes of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 (a) 90. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: 11/26/02 LAID ON THE TABLE. NO. 178 By: Mrs. Grant TRANSFER OF FUNDS RESERVE FOR PLANNING CAPITAL PROJECTS CAPITAL PROJECTS That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $350,000 be and the same is hereby transferred from Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 30000106 - 445100 Planning for Capital Projects $350,000 To: 31655806- 445100 Continuing GIS Development 50,000 33856806- 445100 Union Ship Canal Infrastructure Des. $100,000 35310206 -445 100 CMAQ Signal Improvement Design 75,000 35310806 -445 100 Cazenovia Creek Slope Wall Design 75,000 34640606 -445 100 NILK Park Scooping and Design 50,000 Total $350,000 PASSED. AYES -13. NOES -0. NO. 179 By: Mrs. Grant INCREASED APPROPRIATION DUE FROM NEW YORK STATE DIVISION OF BUILDINGS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the Current fiscal year for Capital Projects - Department of Public Works, Division of Buildings be and the same hereby is increased in the sum of $305,000. Fro M. 39920000 - 126210 Due From New York State $305,000 T o: Capital Projects Division of Buildings 39232006 - 445100 Shea's Stage Expansion $305,000 PASSED AYES -13. NOES -0. NO. 180 By: Mrs. Grant INCREASED APPROPRIATION DEPARTMENT OF POLICE That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriations in the budget for the current fiscal year for the Department of Police - Patrol Services and in Fringe Benefits - Health Insurance, be and the same hereby are increased in the sums of $225,000 and $75,000, respectively. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Fro m: 10200030 - 380101 - Department of Police General City Revenue - Grant Reimbursement $300,000 To meet the increased appropriation as set forth below: T o: 12003 001 - 411001 - Patrol Services Annual Salary $225,000 17301002 - 421002 - Health Insurance Active Employees 75,000 PASSED. AYES -13. NOES -0. NO. 181 BY: MS. MARTINO 511 -126 PROCEDURES FOR CHANGES AND AMENDMENTS (ZONING ORDINANCE) WHERAS: The Common Council of the City of Buffalo adopted a Zoning Ordinance to regulate land uses and to protect property owners from conflicting land uses; and WHEREAS: The Zoning Ordinance tries to concentrate the uses of land in particular zoning classifications; and WHEREAS: The Common Council has, from time to time, amended the Zoning Ordinance to further protect property values and uses; and WHEREAS: The Zoning Ordinance provides for "Special Development Plans" within its rezoning procedures; and WHEREAS: This Common Council has adopted "Special Development Plans "; and WHEREAS: This Common Council has determined that an amendment to the "Special Development Plan" procedures is necessary to ensure consistent development in redevelopment areas and that more time may be needed, before permits are issued, for larger development areas and that the Common Council or Petitioner shall have the right to initiate "Special Development Plans" that encompass large areas; NOW THEREFORE BE IT RESOLVED: That the Zoning Ordinance Procedures for Changes and Amendments shall be amended as follows: Underlined is deleted text [Brackets] and Bold is new text § 511 -126. Procedure for changes and amendments. A. The Common Council may from time to time, on its own motion or on petition, after public notice and hearing, amend, change or supplement the regulations and districts established under this chapter. 'Whenever the owners of fifty per centum (50 %) or more of the frontage in any district or part thereof shall present a petition, duly signed and acknowledged, to the Common Council requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Council to vote upon said petition within ninety (90) days after the filing of the same by petitioners. If, however, a protest against a proposed amendment, supplement or change be presented, duly signed and acknowledged, by the owners of twenty per centum (20 %) or more of the area of the land included in such proposed change or by the owners of twenty per centum (20 %) or more of the area of land immediately adjacent extending on hundred (100) feet therefrom or by the owners of twenty per centum (20 %) or more of the area of land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not be passed except by a three - fourths vote of the Council. B. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established by § 511 -6 of this chapter shall be filed with the City Clerk on forms obtainable from his office and shall be transmitted by him to the Common Council. Such forms and petition shall include, among other things, a description by metes and bounds of the premises proposed to be rezoned, an accurate map or survey showing the location of all buildings and structures on such premises, the present and proposed use of such premises, the present and proposed zoning classification of such premises, a statement from the petitioner that the use under the proposed amendment is not contrary to or in violation of any private agreement, building restrictions or other legal restrictions of record, the name and address of the owner of such premises, a statement as to the petitioner's interest in the proposed rezoning if other that the owner, a map and list indicating all premises on which notice is to be served in connection with the hearing on the proposed rezoning and such other information as may assist the Common Council in its consideration of the matter, sworn to by the petitioner. Any such petition, except by the City Planning Board, shall be accompanied by a filing fee. as provided in Chapter 175, Fees. C. The Common Council shall refer any such petition to its Committee on Legislation and to the City Planning Board. In the case of a proposed amendment to the Zoning Map, the City Planning Board shall consider whether the area described in the original petition should be enlarged in order to reflect the interests of the community and to correspond with the general plan for city development. The City Planning Board shall recommend to the Common Council such enlargement as it deems desirable, and the Council may by resolution direct the Committee on Legislation to issue the notice of Public D. During the months when the Council is in regular session, and whenever the time of the Common Council to vote upon a petition in otherwise limited by § 83 of the General City Law, the Committee on Legislation shall hold hearings on proposed amendments, changes or supplements as provided in said § 83 of the General City Law. At least ten (10) days" notice of the time, place and Object of such hearing shall be given by the City Clerk in the following manner: (1) In case of a proposed change in or supplement to the text of this chapter, by publication in a newspaper of general circulation in the City of Buffalo. (2) In case of a proposed change in the Zoning Map, if the area of land included in such change is less than ten (10) acres, by publication in a newspaper of general circulation in the City of Buffalo and by serving notice upon all owners and occupants of all properties included in the proposed change and all properties having a frontage on both sides of the public highway or highways upon which any premises included within the proposed change have a frontage, within four hundred (400) feet in both directions along such highway or highways from the nearest side line, or nearest side line extended, of the premises included in the proposed change and also upon the owners and occupants of all properties located within fifty (50) feet of the rear or side line of any premises included in the proposed change. Such notice may be served by delivering and leaving a copy of said notice with any person of suitable age and discretion upon any inhabited premises and by mailing a copy of said notice to the owners of premises which are vacant or upon which no person of suitable age and discretion can be found, within the designated area, as shown on the maps and surveys of the Board of Assessors. (3) In case of a proposed change in the Zoning Map, if the land included in such change consists of a single parcel or two (2) or more parcels which adjoin either immediately or across a street or alley with a total area of ten (10) acres or more, by publication in a newspaper of general circulation in the City of Buffalo. E. A record of the public hearings on such proposed amendment, change or supplement shall be transmitted by the City Clerk to the City Planning Board, and the recommendation of the City Planning Board with respect thereto shall be transmitted to the Common Council or a committee thereof before final action by the Common Council on said amendment, change or supplement, provided that if the recommendation of the City Planning Board has not been returned within sixty (60) days from the date of receipt by the City Planning Board of said record from the City Clerk, the City Planning Board shall forfeit the right further to suspend action of the Common Council with respect to such case. F. Special development plans. (1) hi the case of a proposed amendment to the Zoning Map which involves a reclassification into a C I, C2, CM, M I and the special zoning districts contained in Article XVI of this chapter, the Common Council may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The Council may require that such plan be modified to meet objections raised at the hearing or subsequent thereto and may qualify its approval of the Zoning Map amendment in any such case by attaching a special permit. Any such action shall be distinguished in the Common Council proceedings with the words "Special Development Plan" and a serial number. (2) Within a period of six 6 [twelve (12)] months from the approval of the Zoning Map amendment conditioned on said special development plan, no building permit or use permit shall be issued for any such property except in accordance with the development plan as approved, in which case the permit shall contain all conditions and limitations placed thereon by the Common Council or in accordance with the zoning classification applicable before said action. Unless a building permit or use permit for such special development is issued within six (6) [twelve (12)] months from the Common Council's approval, said approval shall be void and the zoning classification shall be as it as when the petition was filed. (3) Special development plan for residential commercial districts. (a) The purpose shall be to encourage the design of well - planned, large -scale residential, institutional or a commercial developments, or a combination thereof, whereby a variety of building types will improve to be more attractive and provide efficient overall planning and design without sacrificing creative and imaginative planning. It is intended to permit, with approval by the Common Council after review by the City Planning Board, a diversification in the use, size, type and location of structures and to improve circulation and other site facilities and at the same time ensure adequate standards applicable to safety, public health, welfare and convenience in the use and occupancy of buildings and other facilities in the planned building groups, thereby permitting greater flexibility in the design of large -scale residential developments, shopping plazas and other connected uses. (b) The application is to be filed with the City Clerk for approval by the Common Council and shall certify that: Ill The area to be included within the development contains ten (10) or more acres. [2] The applicant is the legal or equitable contract owner of [at least 40% of] the rights [to the parcels] in the entire designated area to be included within the development. [3] Within the portion of the development used for residential purposes, the number of dwelling units shall not exceed that allowed in the area requirements for similar R Districts. [4] No building in the designated residential area shall exceed the maximum height requirements for similar R Districts and in business and commercial districts shall not exceed forty (40) feet unless the variance is approved by the Common Council. [5] All requirements of the Buffalo Zoning Ordinance and other applicable city ordinances for off street par -king and commercial parking lots in similar R or C Districts shall be complied with. With each application for the planned development, there shall be submitted five (5) copies of a site plan, drawn to scale, for such development, showing: [1] The proposed use, location, dimensions and architectural elevation of all buildings and other structures. [2] The open areas of the proposed development. [3] Existing zoning classifications of the designated area and all property within two hundred (200) feet of the proposed development. [4]The topography of the designated area and the location of public and private rights -of -way, encumbrances and easements bounding and intersecting the designated area and indications as to which of the rights -of -way, encumbrances or easements are to be continued, relocated or abandoned. Upon filing of the application for a large -scale planned ] development with the Common Council, it shall be referred by the Common Council, with all accompanying documents, to the City Planning Board for review and report. In reviewing each application, the City Planning Board should give consideration to whether: [1]The provisions for light and air are in all respects adequate for the proposed development. [2]Properly planned and adequate parking spaces and loading berths are provided within the designated area. [3]Adequate sewer and water facilities are available or can be obtained. [4]Any deviation from the use, height, area, density or bulk provisions of these regulations will have any adverse effect on the use of neighboring property in accordance with the Zoning Plan. [5]The plans for the development are consistent with the Comprehensive Plan for the City of Buffalo as a whole. (e)After the report by the City Planning Board to the Common Council, the plans for such development shall not be approved unless a public hearing is first held by the Committee on Legislation of the Common Council, as provided in said § 83 of the General City Law. (4)No modification of the plan as approved by the Common Council shall be permitted unless processed as a new application pursuant to the provisions of this chapter. If work on the proposed development is not begun within the time limits specified by the Common Council or if such work is not completed within the period of time specified by the Common Council, approval of the application shall become null and void and all rights thereunder shall lapse unless the Common Council, for good cause, authorizes an extension of either period. Such extension may be authorized without a public hearing. (5)Any certificate of occupancy issued for one (1) or more uses of land or structures within the designated area of the development prior to completion of the entire development shall be revoked upon the applicant's failure to complete within the limit specified the entire development in accordance with the approved plan. (6)AII conditions imposed by the Common Council, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall be a part of any certificate of occupancy issued for any use or structure in such development. G. Except in cases wherein the time of the Common Council to vote upon certain petitions is Limited by § 83 of the General City Law, no petition which has been previously denied by the Common Council shall be again considered or voted on by it, except for a vote to table or to receive and file, within one (1) year from the date of such previous denial, unless the City Planning Board shall first submit its recommendation and certify, with grounds stated therefor, that there have been substantial changes in the situation which would merit a rehearing and reconsideration by the Common Council of such petition. ADOPTED NO. 182 BY: MARY M. MARTINO REVIEW OF SKYWAY BRIDGE ALTERNATIVES Whereas- The Skyway Bridge was built in 1954 to connect the downtown core with the territories south of the Buffalo River. The Bridge was constructed 1 10 feet above water surface at a time when Buffalo was a major port of mid shipment, and Whereas: The existing Skyway bridge is over forty years old, The 1990 pier reconstruction prQ1ect completed repairs that should last for 20 to 30 years at most. However, the type of repair performed was not conducive to a repetition of similar corrective measures. Therefore, the Skyway will reach its economic life when the 1990 repairs lose their integrity, sometime between the Years 2010 and 2020. The replacement of the Skywav with a structure such as the Gateway Tunnel is inevitable. Whereas In addition to painting the Skyway every 10 years at an estimated cost of ten million dollars per treatment, costly rehabilitation work such as deck replacement, sub - structured repairs and major electrical repairs for light standards is needed -, and Whereas: A negative economic impact to the City of Buffalo Occurs on an almost annual basis when the City must close the Skyway Bridge due to severe lake effect storms making passage of said bridge unsafe- and Whereas: As various plans to redevelop the Outer Harbor are explored, the Skyway complex continues to present as a major obstacle to vehicular access to and from the waterfront; and Whereas: Feasibility Studies have been conducted by the City of Buffalo Department of Public Works to examine the viability of alternatives to cross the Buffalo River -, and Whereas: Traffic studies substantiate the need for replacement of the Skyway Now, Therefore, Be It Resolved That the existing feasibility studies be used to determine the best scenario to address the accessibility to the downtown corridor and the Outer Harbor, current unsafe travel conditions, to encourage beneficial economic development for the City of Buffalo, and to recognize future traffic congestion, and Be It Finally Resolved Elected officials and agencies of the City of Buffalo, State of New York, and Federal Government work in unison to identify a specific plan and funding sources needed for the development of a more efficient gateway to the City of Buffalo. ADOPTED NO. 183 BY: MR. THOMPSON INCREASE PENALTY FOR ILLEGAL DUMPING Whereas: Illegal Dumping is a problem facing many inner -city neighborhoods; and Whereas: The Masten District Council Office receives numerous complaints regarding illegal dumping throughout the district; and Whereas: The Department of Streets and Sanitation have to use extra man hours and sometimes over time hours to clean up illegal dumping; and Whereas: Illegal dumpers do not fear prosecution and /or do not know the penalties for illegal dumping. City residents as well do not know of rewards to report illegal dumpers; and Whereas: Illegal Dumping is a class I fine. Buffalo City Code Chapter 216 9 and 17 states that any person who illegally dumps or causes to be dumped, trash or debris on a property without the consent of the owner will be subject to a $1,500.00 fine. Additionally, the owner of a vehicle that is used for illegal dumping will be also subject to a $1,500 fine; and Whereas: An increase in the penalties, awareness of the penalties of illegal dumping and a increase in the reward for reporting illegal dumpers will begin to initiate a community initiative to combat illegal dumping by providing a greater incentive. Now Therefore Be It Resolved: That The City of Buffalo increases the penalty for anyone who illegal dumps trash, debris or snow to $5,000 and half of the fee collected go towards a reward for anyone who reports and helps prosecute illegal dumpers; and Be It Further Resolved: That The City of Buffalo aggressively promotes the reward, phone numbers to report and procedures for prosecution are readily available. Promotions should include but not be limited to public access, posting on all tax and user fees bills as well as and parking tickets; and Be It Finally Resolved: That the Department of Public Works, produce a number of signs to be placed in locations where there are a large concentration of illegal dumping. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 184 BY: MESSRS. AND MINES. THOMPSON, LOTEMPIO, BONIFACIO,DAVIS, FRANCZYK, GOLOMBEK, AND GRAY REQUEST SUPPORT TO RESTORE BUFFALO'S CDBG ALLOCATION Whereas: HUD Assistant Secretary Roy Bernardi has informed Mayor Masiello that the City of Buffalo will be losing approximately $1.825 million in CDBG funding in its 2003 allocation ( #11, CCP 10/15/02- "HUD CDBG Fiscal Year 2003 Allocation); and Whereas: According to Mr. Bernardi, this funding cut is mandated by HUD's funding formula, which is based on the 2000 census data of poverty, housing overcrowding and pre - 1940 housing; and Whereas: According to HUD's "CDBG Program Description ", CDBG funds may be used to "benefit persons of low and moderate income, aid in the prevention or elimination of slums or blight, or meet other community development needs of particular urgency "; and Whereas: It defies logic and fact that the City of Buffalo should see a decrease in funding, given its ongoing devolution in the areas of poverty and housing; and Whereas: As in other urban areas throughout the country, it is very likely that Buffalo suffered an undercount of both its population and level of poverty in the 2000 census; and Whereas: Buffalo's need for CDBG funding exists in greater measure that ever before, and a cut at this time would be particularly egregious given the City's projected deficit of $28 million for fiscal year 2003/04; and Whereas: For the sake of Buffalo's impoverished communities, where hope is running short, it is imperative that our Congressional delegates work effectively and urgently to restore Buffalo's CDBG funding cut; Now, therefore, Be It Resolved That: This Common Council requests the WNY Congressional delegation to insure that the City of Buffalo's CDBG allocation for 2003 is restored to at least the 2002 level, whether by appealing flaws in the formula that mask Buffalo's need, or by building an alliance to increase total CDBG funding nationwide; and Now, Therefore, Be It Further Resolved That: This Common Council requests the WNY Congressional delegation members to file a response to this request with the Council c/o the City Clerk, 1308 City Hall, Buffalo, NY 14202, as soon as possible, outlining any ways in which City officials and others can support their strategy to restore CDBG funding; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Congress members Slaughter, Quinn, and LaFalce, Senators Schumer and Clinton, the Clerk of the Senate, the Speaker of the House, HUD Secretary Martinez and President Bush. ADOPTED NO. 185 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Trinity Baptist Church By Councilmember Pitts, Michaux Felicitation for Reverend Alberto Lanzot Day By Councilmember Pitts, Michaux Felicitation for Mrs. Hattie Loftin McCarley Day BY Councilmember Thompson Felicitation for Mrs. Jeffrey "Ricky" Lynn McCarley Day By Councilmember Thompson Felicitation for TVGA Consultants By Councilmember Coppola, Pitts, Michaux ADOPTED. NO. 186 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, 2003, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: ARENA, PARTRICIA D'ANGELO, JENNIE MELLNIK, LYNNE PERLMUTER,SANFORD SCHULER,DOROTHEA BUCH, GAIL MASON,MARY MICHALSKI, THERESA PHILLIPS, GLORIA VOIT, CYNTHIA ADOPTED NO. 187 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2003, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City ADANTI, LEE ARCHER, MARILYN BARNES, ALBERT BARTOLOTTA,CHARLES BELLAMYJR, HERBERT BROWN, DAVID BUFFUM, NATHAN BURKE, SHEILA COOKE, JOANNE DEMBSKI,JOSEPH DEARMYER, KEITH EVANS, DAMON FREEMAN, MARY GEHM, PAULA GETZ, CAROLE HALL, VIOLET HECHT,ROBERT HUNTE,DARCEL KMIOTEK, IRENE LAURIA, NANCY MARCINKIEWICZ, MARK MAXIMCIUC, VLADIMIR MC ELLIGOTT, MARION MURRAY, JAMES PACHOLSKI,SUZANNE PEREZ, CARMEN FLEW, PATRICIA RITZ, TERI SANTIAGO, LYDMIA SCOTT, ARLENE SMITH, SCOTT THOMAS, MARIA WALDMAN,GARY AIELLO, JOSEPH BANNISTER, WILLIAM BARONE, RUSSELL BLAKELEY,KELLI BRUSH, PATRICIA BUNCH, DAVID CARBONE, CATHERINE COYLE, KATHLEEN DANIELS, CASSANDRA DICKMAN, BRENDON FRANCZYK, THOMAS FRONCKOWIAK, GERALD GEIER, LISA GONZALEZ, SUSAN HARMON, SCOTT HUMMER, LISA JUSKOJOM KRAMER, SUSAN LEVY, SHARON MASIELLO, VITO MC CAULLEY, LESLIE MIRCO, INEZ MYERS, RAYMOND PANEPINTO, TERESA PHILLIPS, KEVIN REGAN, WILLIAM SANFORD, ROBERT SCHAEFER,MARY SIMONETTA, ANTHONY THILL, AMY TROMETER, ROBERT WILSON, PAUL ADOPTED NO. 188 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 3, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, December 3, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, December 3, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, December 4, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, December 4, 2002 at 2:00 o'clock P.M. Special Committees Streets Services Monday, December 2, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Reapportionment Wednesday, December 4, 2002 at 6:00 o'clock P.M. in the Council Chambers Public Hearing on Reapportionment Map. MBEC Monday, December 9, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set qp 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. 189 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:45 pm CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #10 Office of the Mayor -201 City Hall November 21, 2002 Present:; Anthony M. Masiello, Mayor; Frank Bellioti, Deputy Comptroller -2 Absent: James W. Pitts, Council President -I The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of November 2002 amounting to $11,685.24 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 2002 amounting to $14,045.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.