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HomeMy WebLinkAbout02-1029No.20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 29, 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, OCTOBER 29, 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 October 15, 2002 were approved. FROM THE MAYOR NO. 1 Appointment of Commissioner of Human Resources Pursuant to the powers vested in me by Section 11 -2 of Article I I of the Charter of the City of Buffalo, I hereby appoint the following individual to serve as Commissioner of Human Resources: Leonard A. Matarese 1132 South Northlake Drive Hollywood, Florida 33019 (as of Nov. 4. 2002) 320 Sterling Avenue Buffalo, NY 14216 In compliance with the Charter, I convened a search Committee consisting of the following: Mr.Charles Ohl, VP of Human Resources of HSBC, Mr. James Schmit, a Labor Relations Attorney with Damon & Morey, Mr. Edward Mahoney, Former Commissioner of Civil Service, Mr. James Jarvis, Director of Human Resources at SUNY at Buffalo and Ms. Judith Shanley, Executive Director of Southeast Works. The committee conducted the search process by advertising for the position in the Buffalo News and The Challenger, reviewing the resumes of more than twenty (20) individuals, interviewing twelve (12) of those applicants, and recommending a group of four (4) candidates to me. Mr. Matarese was one of the four candidates submitted by the Search Committee. Leonard A. Matarese is currently serving as the Village Manager and Chief of Public Safety for Indian Creek Village, Florida. Mr. Matarese has extensive senior executive, public sector management experience and possesses impressive credentials dealing with labor issues, personnel practices, innovation and other employment matters. Over the past twenty years he has served in similar roles in New Jersey, Illinois and Rhode Island. Mr. Matarese, currently a resident of Florida, has obtained a City of Buffalo residence and has enrolled his son in St. Mark's School. He is anxious to return to the Buffalo, his hometown. Mr. Matarese's resume is attached for your review. Leonard Matarese received his Master of Public Administration from Florida Atlantic State University and his Bachelor of Arts from Rutgers University. I hereby certify that that the above named individual is fully qualified to serve as Commissioner of Human Resources. To accommodate Mr. Matarese's transition from his current position and residence, this appointment is effective December 16, 2002. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS No. 2 Re- appointment of Members to the Buffalo Preservation Board Pursuant to the powers vested in me by Article 11, Section 337 -3, Part II of the Code of the City of Buffalo, I hereby re- appoint the following individuals to the Buffalo Preservation Board for a term commencing immediately and will expire August 31, 2005. Christopher F. Guerra 513 Virginia Street Buffalo, 14202 Arlette Klaric, Ph.D. 312 Parker Avenue Buffalo, 14216 1 hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND XHE DIVISION OF COLLECTIONS No. 3 "Capital Budget 2003 Recommendations & 5 -Year Plan" I hereby submit my recommendation for a City of Buffalo 2003 Capital Expenditure Budget of $2,410,000 for new city projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations forwarded by PROCEEDINGS the Office of the Comptroller and the Citizens' Planning Council (CPC). The new capital projects in my recommended budget include: 1. Citywide Building Improvements 750,000 2. Fire Truck (Purchase) 980,000 3. Historical Society Improvements 100,000 4. Intermodal Transportation Center 480,000 5. Museum of Science Improvements 100,000 $2,410,000 REFERRED TO THE COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT y: l6]Lrilr9a *d11 Wfi »e1ki1ki11010 *67MN No. 4 China Star Restaurant 1563 -1565 Hertel Ave. Sidewalk cafe a railing Item No. 77, C.C.P. 10/15/2002 The City Planning Board at its regular meeting held Tuesday, October 22, 2002, considered the matter captioned above pursuant to Section 413 -59, 413 -67 and 511 -59 of the Buffalo Code, Sidewalk cafes, Encroachment Regulations and Hertel Avenue District, respectively. The applicant seeks to encroach the right -of -way with the installation of a 111 x34'sidewalk caf6 with a railing that will enclose the caf6 and an existing handicap ramp at 1563 -1565 Hertel Avenue. Under SEQR the proposed sidewalk caf6 and railing encroachments are considered unlisted actions which may be studied through uncoordinated review. The Planning Board voted to approve sidewalk caf6 and railing with the following conditions: 1. A mere license is issued for the encroachment; 2. No outside music is allowed; 3. No outside trash receptacles are allowed; 4. Closing of the caf6 at 11 P.M. 5. A minimum of 41 of unobstructed sidewalk with a vertical clearance must be maintained year round. RECEIVED AND FILED No. 5 Renew Lease Agreement between the City of Buffalo and Seneca Babcock Community Association for Use of 1168 Seneca Street. Pursuant to Item No. 18, C.C.P 1/20/98 Your Honorable Body authorized a five- (5) year lease agreement between the City of Buffalo and Seneca Babcock Community Association for the use of city -owned property located 1168 Seneca Street. This lease was for the period of January 1, 1998 through December 31, 2002. The Office of Strategic Planning and the Division of Real Estate, has received a request the Seneca Babcock Community Association to renew their lease for another five (5) year period to commence on January 1, 2003 and expire on December 31, 2007. The rental will remain at One dollar ($1.00) per year and all other terms and conditions of said lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for additional five - (5) year period to commence on January 1, 2003 and expire December 31, 2007. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to Prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 21, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Seneca Babcock Community Association, for use of 1168 Seneca Street for an additional five (5) year term commencing on January 1, 2003 and expiring December 31, 2007. That the Corporation Counsel be authorized to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Passed AYES -13- NOES -0 No 6 Response - School No. 76 on Monroe /Howard (a.k.a. 57 Howard) Item No. 54, C.C.P. 10/1/02 The above referenced item is a communication from Superintendent of Schools, Marion Canedo, advising the City of Buffalo that the Board of Education no longer has a need for Schoo4 No. 75 located at 57 Howard and is returning jurisdiction of the property to the City of Buffalo, as of November 1, 2002. Properties no longer needed for public purposes are transferred to the Division of Real Estate for disposition In accordance with Article 27 of the City Charter. I am recommending that Your Honorable Body authorize the abandonment /sale of School No. 75 and that the property be disposed of by the Division of Real Estate in accordance with Article 27 of the City Charter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 Results of Negotiations 311 Grider, 302.20' N Delavan Vacant Lot: 30'x 120' Assessed Valuation: $3,200 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 311 Grider Street from Mr. John S. Eberle, 315 Grider Street, Buffalo, New York 14215. Mr. Eberle owns a one family dwelling at 315 Grider Street, which adjoins 311 Grider Street. He intends to use the property for extra yard space. The Division of Inspections and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Ms. Susan Fretz, appraiser, of KLW Residential, Inc., 247 Cayuga Road, Buffalo, New York 14225. she has estimated the value of the parcel to be five hundred dollars ($500), fourteen cents ($.14) per square foot. The Division of Real Estate has investigated sales in similar properties in the subject. area. Sale prices range from seventeen cents ($.17) to twenty -seven cents ($.27) per square foot. The results of our negotiations are that Mr. John Eberle has agreed and is prepared to pay eight hundred dollars ($800), twenty -two cents (.22) per square foot for this parcel. He has also agreed to pay for the Cost Of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 311 Grider Street to Mr. John S. Eberle in the amount of eight hundred dollars ($800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs LoTempio Moved: That the executive of Strategic Planning be and hereby is authorized to accept the offer of Mr. John S. Eberle in the amount of $800.00 for the purchase of 31 Grider Street. That the Corporation Counsel be hereby authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 No. 8 Results of Negotiations 1429 Jefferson, 60'N Woodlawn Lot Size: 31'x 107' Assessed Valuation: $3,300 1431 Jefferson 81.69'N Woodlawn Lot Size: 30'x 107' Assessed Valuation: $3,200 1433 Jefferson, 111.59' N Woodlawn Lot Size: 80'x 107' Assessed Valuation: $8,600 The office of Strategic Planning, Division of Real Estate has received a request from Mr. Mark Davis, 225 Winston Road, Buffalo, New York 14216 to acquire the above mentioned properties for the construction of a self service coin operated car wash. The properties consist of three vacant lots all adjoining each other. The Division of Inspections and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Howard Schultz, appraiser, 360 Delaware Avenue, Buffalo, New York 14202. He has estimated the value of the three lots to be twenty one thousand dollars ($21,000), one dollar and thirty -eight cents ($1.38), per square foot. The Division of Real Estate has reviewed the sales of similar properties in the area., sales prices range from eighty -three cents ($.83) to two dollars and sixty -three cents ($2.63) per square foot. The results of our negotiations are that Mr. Mark Davis has agreed and is prepared to pay fifteen thousand dollars ($15,000), one dollar and twelve cents ($1.12), per square foot. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and legal descriptions. The purchase is contingent upon the purchaser obtaining an Environmental Study and /or testing acknowledging that there are no environmental problems with these parcels. I am recommending that Your Honorable Body approve the sale of 1429, 1431 and 1433 Jefferson Avenue to Mr. Mark Davis in the amount of fifteen thousand dollars ($15,000)). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the Executive Director of Strategic Planning be and he hereby is authorized to accept the offer of Mr. Mark Davis in the amount of $15,000 for the purchase of 1429, ±431 and 1433 Jefferson Ave. That the Corporation Counsel be hereby authorized to prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 Results of Negotiations 25 Mariner, 224' N Virginia Vacant Lot: 28' x 100' Assessed Valuation: Land $10,200 Total: $153,000 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 25 Mariner Street from Mr. Stephen C. Schroeck and Mr. Brian E. Wolf of Nickel City Development, LLC, 123 St. James Place, Buffalo, New York 14222. Mr. Schroeck and Mr. Wolf intend to bring the property into code compliance and use as income property. They have provided proof of financial ability to complete the cost of purchase and repairs. Repairs to the structure are estimated at sixty thousand dollars ($60,000). The property consists of three story brick apartment building in fair to poor condition, situate on a lot 281 x 1001. The property was acquired by the City of Buffalo through tax foreclosure in 1999. The property is located in the Allentown Preservation District. There have been no serious offers for the property, since being acquired by the City. The Division of Licenses and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Joseph M. Whittington, appraiser, Cash Realty of W.N.Y., Inc., 1325 Main Street, Buffalo, New York 14209. He has estimated the value of the property to be fifty two thousand dollars ($52,000). The Division of Real Estate has reviewed the sales of similar properties in the area, sales prices, per square foot living area, range from three dollars and five cents ($3.05) to nine dollars and ninety -six cents ($9.96) per square foot. The result of our negotiations are that Mr. Schroeck and Mr.. Wolf have agreed and are prepared to pay thirty thousand dollars ($30,000), five dollars ($5.00) per square foot, for this property, and commit sixty thousand dollars ($60,000) toward the rehabilitation of the property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 25 Mariner Street to Mr. Stephen C. Schroeck and Mr. Brian E. Wolf for thirty thousand dollars ($30,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 Utility Easement Agreement Niagara Mohawk Power Corporation for Use of 214 Easton - School No. 82 The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corporation for use of city owned property located at 214 Easton - School No. 82. They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A ". Niagara Mohawk has indicated that this easement is necessary for a school upgrade project. This office has contacted the Corporation Counsel's Office & the Dept. of Public Works and they both have indicated that they have no objections and /or conditions in reference to the attached proposed easement. I am, therefore, recommending that Your Honorable Body approve this easement agreement and authorize the Mayor to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 21, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an easement with the City and Niagara Mohawk Power Corporation, for use of 214 Easton - School No. 82. Passed. AYES -13- NOES -0 No. 11 Utility Easement Agreement Niagara Mohawk Power Corporation for Use of 114 Appenheimer and 1823 Fillmore - Lydia T. Wright School of Excellence The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corporation for use of city owned property located at 114 Appenheimer & 1823 Fillmore (Lydia T. Wright School of Excellence). They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A ". Niagara Mohawk has indicated that this easement is necessary for a school upgrade project. This office has contacted the Corporation Counsel's Office & the Dept. of Public Works and they both have indicated that they have no objections and /or conditions in reference to the attached proposed easement. I am, therefore, recommending that Your Honorable Body approve this easement agreement and authorize the Mayor to execute the same. Mrs.LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 21, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an easement with the City and Niagara Mohawk Power Corporation, for use of 114 Appenheimer & 1823 Fillmore (Lydia T. Wright School of Excellence). Passed. AYES -13- NOES -0 No. 12 Utility Easement Agreement Niagara Mohawk Power Corporation for Use of 124 Tacoma - School No. 81 The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corporation for use of city owned property located at 124 Tacoma (School No. 81). They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A ". Niagara Mohawk has indicated that this easement is necessary for a school upgrade project. This office has contacted the Corporation Counsel's Office & the Dept. of Public Works and they both have indicated that they have no objections and /or conditions in reference to the attached proposed easement. I am, therefore, recommending that Your Honorable Body approve this easement agreement and authorize the Mayor to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 21, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an easement with the City and Niagara Mohawk Power Corporation, for use of 124 Tacoma (School No. 8 1). Passed. AYES -13- NOES -0 FROM THE COMPTROLLER No. 13 Certificate of Necessity Transfer of Funds Police - Legal Services Law Department - Legal Services 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 $20,000 be transferred from Police - Legal Services and reappropriated, as set forth below: From: Police 12020006 - 432003 Legal Services $ 20,000 To: Law Department 10546006- 432003 Legal Services $ 20,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL No. 14 APPOINTMENTS - REAPPORTIONMENT COMMITTEE I hereby appoint Antoine Thompson as Chairman to the Reapportionment Committee and appoint the following Councilmembers as members of this Special Committee: Charlie Fisher III Beverly Gray Betty Jean Grant Brian Davis I will also serve as a member of this Special Committee. RECEIVED AND FILED NO. 15 Subcontracting of Recycling Service As you may know, the undersigned represents AFSCME Local 264. The purpose of this correspondence is to advise you that it is our position that the decision to subcontract the recycling service must be approved by the Common Council. Therefore, any contract with a private contractor for this purpose without Council approval will be null and void. Respectfully we request that you review this situation so the proper procedures are followed with the Common Council. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE No. 16 Public Hearing- Redistricting Map I am requesting that the Common Council Reapportionment Committee hold a Public Hearing on the newly approved Redistricting Map. This map has been riled with the Board of Elections, but not with the Common Council. Additionally, changes have been made to the map, but have not been presented to the Common Council. I am requesting the City Clerk to provide a copy of the map and metes and bounds to the Committee so that it can be property presented to the public. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 17 Notification Serial # 9511 Permissive Parking - Repeal on Moselle Street, west side between East Delavan Avenue and a point 125' south therefrom. Item No. 147, C.C.P. 10/01/02 PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing. amending. or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to he effective forty five days after the first Council meeting at which they appear on the agenda as ail item business. That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION Moselle Street, west side between East Delavan Avenue and a point 125' south therefrom. PERIOD OF PERMISSIVE PARKING - DAILY 2 hour parking 7amto7pm Except Sunday This action is being taken in response to the above referenced Common Council Proceedings (see next serial). Notification Serial # 9512 Install No Parking on Moselle Street, west side between East Delavan Avenue and a point 250' south therefrom. Item No. 147, C.C.P. 10/01/02 NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing., amending, Or repealing existing provisions of Chapter 479 of the Ordinances. as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Moselle Street, west side between East Delavan Avenue and a point 250' south therefrom. PROHIBITED PERIOD 8 am to 10 am and 4pmto7pm Monday through Friday This action is being taken in response to the above referenced Common Council Proceedings (see previous serial). Notification Serial #9613 Repeal Alternate Parking — Type I Various Locations (see list below) NO PARKING (ALTERNATE - TYPEI) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Ryan St. Seneca St. to South No Parking 4pm Sun to 4pm Wed Frank Ave. North No Parking 4pm Wednesday to 4pm Sunday Geary St. Seneca St. to North No Parking 7pm Sunday to 6pm Wednesday Frank Ave. South No Parking 7pm Wed to 6pm Sunday Weyand St. Seneca St. to South No Parking 4pm Sunday to 4pm Wednesday Frank Ave. North No Parking 4pm Wednesday to 4pm Sunday Kamper Ave. Seneca St. to North No Parking 4pm Sunday to 4pm Wednesday Frank Ave. South No Parking 4pm Wednesday to 4pm Sunday Norman Ave. Seneca St. to South No Parking 4pm Sunday to 4pm Wednesday Frank Ave North No Parking 4pm Wednesday to 4pm Sunday Zittel St Seneca St. to Southeast No Parking 4pm Sunday to 4pm Wednesday Pritchard St. Northwest No Parking 4pm Wednesday to 4pm Sunday Frank Ave. Mineral Sp Rd. to Northeast No Parking 4pm Sunday to 4pm Wednesday Pritchard St. Southwest No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial # 9614 Install Alternate Parking - Type 2K Various Locations (see list below) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Ryan St. Seneca St. to Northwest No Parking 6pm Sun to 6pm Frank Ave. Southwest No Parking 6pm Wednesday to 6pm Sunday Geary St. Seneca St. to Northwest No Parking 6pm Sunday to 6pm Wednesday Frank Ave. Southwest No Parking 6pm Wed to 6pm Sunday Weyand St. Seneca St. to Northwest No Parking 6pm Sunday to 6pm Wednesday Frank Ave Southwest No Parking 6pm Wednesday to 6pm Sunday Kamper Ave. Seneca St. to Northwest No Parking 6pm Sunday to 6pm Wednesday Frank Ave Southwest No Parking 6pm Wednesday to 6pm Sunday Norman Ave. Seneca St. to Northwest No Parking 6pm Sunday to 6pm Wednesday Frank Ave Southwest No Parking 6pm Wednesday to 4pm Sunday Zittel St Seneca St. to Northwest No Parking 6pm Sunday to 6pm Wednesday Pritchard St. Northwest No Parking 6pm Wednesday to 4pm Sunday Frank Ave. Mineral Sp Rd. to Southwest No Parking 6pm Sunday to 6pm Wednesday Pritchard St. Northwest No Parking 6pm Wednesday to 6pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial # 9616 Repeat Alternate Parking - Type I Various Locations (see list below) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bryant St. Main St. to South No Parking 4pm Sunday to 4pm Wednesday Delaware Ave. North No Parking 4pm Wednesday to 4pm Sunday Bryant St. Delaware Ave. to South No Parking 4pm Sunday to 4pm Wednesday 170' east of Oakland PI. North No Parking 4pm Wednesday to 4pm Sunday Bryant St. Ashland Ave. to South No Parking 4pm Sunday to 4pm Wednesday Richmond Ave.North No Parking 4pm Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial # 9616 Install Alternate Parking - Type 2K Various Locations (see list below) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE PROHIBITED PERIOD Bryant St. Main St. to North No Parking 6pm Sunday to 6pm Wednesday Delaware Ave. South No Parking 6pm Wednesday to 6pm Sunday Bryant St. Delaware Ave. to North No Parking 6pm Sunday to 6pm Wednesday 170' east of Oakland PI. South No Parking 6pm Wednesday to 6pm Sunday Bryant St. Ashland Ave. to North No Parking 6pm Sunday to 6pm Wednesday Richmond Ave.South No Parking 6pm Wednesday to 6pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial #9517 Permissive Parking - Repeal Various Locations (see list below) PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION Bryant Street, north side between Main Street and Delaware Avenue PERIOD OF PERMISSIVE PARKING 2 hour parking 7:00 am to 4:00 pm Monday, Tuesday, Wednesday PERMISSIVE PARKING LOCATION Bryant Street, south side between Main Street and Delaware Avenue PERIOD OF PERMISSIVE PARKING 2 hour parking 7:00 am to 4:00 pm Thursday, Friday, Saturday This action is being taken in conjunction with the new Alternate Type 2K parking being installed on this street. It is necessary to maintain the two hour time limit currently posted on this street on the days when parking is allowed. (See next serial.) NOTIFICATION SERIAL #9518 PERMISSIVE PARKING - INSTALL VARIOUS LOCATIONS (SEE LIST BELOW) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 Of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PERMISSIVE PKG LOCATION PER OF PERM PARKING Bryant Strect, north side 2 hour parking between Main Street and 7:00 am to 4:00 pin Delaware Avenue Friday, Saturday, Monday Bryant Street, south side 2 hour parking between Main Street and 7:00 am to 4:00 pm Delaware Avenue Tuesday, Wednesday, Thursday This action is being taken in conjunction with the new Alternate Type 2K parking being installed on this street. It is necessary to maintain the two hour time limit currently posted on this street on the days when parking is allowed. (See previous serial.) NOTIFICATION SERIAL # 9519 REPEAL ONE -WAY STREET DIRECTION FOURTH STREET - NORTHBOUND FROM PENNSYLVANIA STREET TO JERSEY STREET ONE -WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Fourth Street from northbound Pennsylvania Street to Jersey Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9520 REPEAL ONE -WAY STREET DIRECTION FOURTH STREET - SOUTHBOUND FROM PENNSYLVANIA STREET TO HUDSON STREET ONE -WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Fourth Street from Pennsylvania southbound Street to Hudson Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9521 NO STANDING - REPEAL ON LAKEVIEW AVENUE, WEST SIDE BETWEEN PORTER AVENUE AND PENNSYLVANIA STREET NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HWY PROHIBITED PERIOD - DAILY Lakeview Avenue, west side At all times between Porter Avenue and Pennsylvania Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9522 INSTALL ALTERNATE PARKING - TYPE I LAKEVIEW AVENUE BETWEEN PORTER AVENUE AND PENNSYLVANIA STREET NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances', as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lakeview Avenue, northeast side 4:00 p.m. Wednesday to 4:00 between Porter Avenue and p.m. Sunday Pennsylvania Street Lakeview Avenue, southwest side 4:00 p.m. Sunday to between Porter Avenue and 4:00 p.m. Wednesday Pennsylvania Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9523 REPEAL NO PARKING ON JERSEY STREET, SOUTHEAST SIDE BETWEEN THE NEW YORK THRUWAY AND SEVENTH STREET NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Jersey Street, southeast side between At all times the New York Thruway and Seventh Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9524 INSTALL ALTERNATE PARKING - TYPE I JERSEY STREET BETWEEN FOURTH STREET AND LAKEVIEW AVENUE NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Jersey Street, southeast side 4:00 p.m. Wednesday to between Fourth Street 4:00 p.m. Sunday and Lakeview Avenue Jersey Street, northwest side 4:00 p.m. Sunday to between Fourth Street 4:00 p.m. Wednesday and Lakeview Avenue This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9525 INSTALL NO PARKING ON JERSEY STREET, SOUTHEAST SIDE BETWEEN LAKEVIEW AVENUE AND SEVENTH STREET NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Jersey Street, southeast side At all times. between Lakeview Avenue and Seventh Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9526 INSTALL NO PARKING ON JERSEY STREET, SOUTHEAST SIDE BETWEEN THE NEW YORK THRUWAY (190) AND FOURTH STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo„ the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Jersey Street, southeast side At all times between the New York Thruway (190) and Fourth Street This action is being taken in conjunction with the Lakeview Family Homes road construction and infrastructure improvements. NOTIFICATION SERIAL # 9527 INSTALL NO PARKING ON ALDEN AVENUE, BOTH SIDES BETWEEN KENMORE AVENUE AND HECLA STREET NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Alden Avenue, both sides between 1:30 am to 7:00 am Kenmore Avenue and Hecla Street This action is being taken at the request of the residents of Alden Avenue. NUMBER 9513 to 9518 RECEIVED AND FILED THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 18 REPORT OF BIDS EAST CLINTON LIBRARY ROOF RECONSTRUCTION I advertised for on September 10, 2002 and received the following sealed formal proposals for the East Clinton Library, Roof Reconstruction, which were publicly opened and read on September 24, 2002. All Weather Contractors $ 60,144.00 510 Ellicott, Cheektowaga, NY Jameson Roofing $ 91,360.00 3761 E Lake Rd, Dunkirk, NY Progressive Roofing $ 97,560.00 325 Grote, Buffalo, NY Jos. A. Sanders & Sons $110,904.00 P 0 Box 814, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received. All Weather's bid was for using a roof system that did not meet the specifications. They were given a second opportunity to resubmit the proposed roof system, but again submitted a system that did not meet specifications. Their bid was therefore rejected as unresponsive. Therefore, Jameson Roofing, in the amount of Ninety One Thousand Three Hundred Sixty and 00/100 Dollars ($91,360.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36321806 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the East Clinton Library, Roof Reconstruction, to All Weather Contractors, the lowest responsible bidder, in the amount of $60,144. Funds for the project are available in CPF 36321806 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 REPORT OF BIDS BUFFALO ZOOLOGICAL GARDENS CAMP CONSERVATION I advertised for on September 26, 2002 and received the following sealed formal bids for the Buffalo Zoological Gardens, Camp Conservation, which were publicly opened and read on October 17, 2002. General Construction Base Bid Alternate GC -1 Allgaier Construction $620,500 $21,000 4790 Thompson, Clarence, NY The Peyton Barlow Co. $672,300 $19,800 360 Delaware, Buffalo, NY Summit Construction $676,000 $21,000 6 Lancaster Pkwy, Lancaster, NY Picone Construction $677,000 $19,900 8680 Main St., Williamsville, NY C. Nichter, Inc. $677,000 $20,000 30 Wildwood, Lancaster, NY Paragon Northeast $680,000 $20,050 434 Delaware Ave., Buffalo, NY New Era Construction $685,000 ($19,400) 200 Roosevelt, Tonawanda, NY Kirst Construction $691,000 $21,000 7170 Boston State, N Boston, NY The Hadala Corp. $699,000 $20,000 325 Grote, Buffalo, NY Wilsandra Construction $744,000 $20,800 300 Camden, Buffalo, NY Patrick Development $745,300 $20,500 8610 Transit, E Amherst, NY Gianadda Construction $747,900 $33,900 786 Terrace, Depew, NY Calamar Construction $759,000 $20,000 3790 Commerce, Wheaffield, NY Concept Construction $773,000 $20,500 2555 Transit, Elma, NY Alternate GC -1: Delete all laminated glass at exhibits and provide laminated with anti - reflective, anti -glare coating. Plumbing Work Base Bid D V Brown & Associates $ 87,200 567 Vickers, Tonawanda, NY J. Horace Seager & Son $ 87,970 865 87th St, Niagara Falls, NY L C Mechanical $ 88,400 319 Vulcan, Buffalo, NY Matthew Kandefer, Inc. $104,429 2215 Broadway, Buffalo, NY Mechanical Work Base Bid Mollenberg Betz $288,000 300 Scott, Buffalo, NY R P Mechanical $291,192 7165 Genesee, Springville, NY D V Brown & Associates $292,200 567 Vickers, Tonawanda, NY J. W. Danforth $303,700 1940 Fillmore, Buffalo, NY J. Horace Seager & Son $321,000 865 87th St, Niagara Falls, NY Northeast Mechanical Inc. $379,000 137 Sawyer, Depew, NY Electrical Work Base Bid Tunney Electric $144,868 8565 Roll Rd, Clarence Ctr, NY CIR Electric $152,834 2750 Kenmore, Tonawanda, NY Frey Electric $154,000 100 Pearce, Tonawanda, NY Electrical Service Systems $160,000 35 Lee, Buffalo, NY O'Connell Electric $165,200 830 Phillips, Victor, NY Industrial Power & Lighting $154,900 701 Seneca, Buffalo, NY Weydman Electric $173,700 747 Young, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Allgaier Construction with a Base Bid of $620,500.00, add Alternate G -1 in the amount of $21,000.00, for a total bid of $641,500.00. Plumbing Work: D V Brown & Associates in the amount of $87,200.00. Mechanical Work: Mollenberg Betz in the amount of $288,000.00. Electrical Work: Tunney Electric in the amount of $144,868.00. The total bid price is $1,161,568.00, Total estimate for this work was $1,150,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project has been provided by New York State, Erie County, and an anonymous donor. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts to the lowest responsible bidders for the Buffalo Zoological Gardens, Camp Conservation, for General Construction, to Allgaier Construction with a Base Bid of $620,500.00, add Alternate G- I in the amount of $2 1,000.00, for a total bid of $641,500.00, for Plumbing Work, to D V Brown & Associates in the amount of $87,200.00, for Mechanical Work, to Mollenberg Betz in the amount of $288,000.00 for Electrical Work to Tunney Electric in the amount of S 144,868.00. Funds for the project has been provided by New York State, Erie County and an anonymous donor. PASSED AYES -13 NOES -0 NO. 20 CHANGE IN CONTRACT CHANGE ORDER NO. I OVERLAY OF CITY PAVEMENTS - 2002, GR. #604 JANIK PAVING, INC. CONTRACT #92010685 1 hereby submit to our Honorable Body the following unit price additions for the subject contract. This change order is necessary for our department to perform additional paving operations on Liberty /Shawnee Avenues and South Park Ring Road. In the area of Liberty /Shawnee Avenues we recently completed a NYSDEC Brownsfields Project 9B00006 -9 which allowed commercial development by the Laidlaw Corporation. As per the attached correspondence of October 10, 2002 Laidlaw has committed $10,000.00 towards completion of this work. The work on the South Park Ring Road is being done in conjunction with Assemblyman Brian Higgins and the Olmstead Parks Conservancy who have secured various State grants to reimburse the city for project costs. Traffic Bids available in Coty Clerk's Office Original Contract Amount $616,968.00 Changer Order #1 $34,546.74 Total Contract $651,514.74 Funds are available in our Capital Projects Account #30032106 -445 100 and permission is requested to accept funds from Laidlaw and the Olmsted Parks Conservancy to reimburse the City. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order to Janik Paving, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 22, 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. 1, to Janik Paving, Inc., an increase in the amount of $34,546.74, as more fully described in the above communication, for work relating to Overlay of City Pavements - 2002, Group #604. Funds for this project are available in Capital Projects Account #30032106 -445 100; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept funds from Laidlaw and the Olmsted Parks Conservancy to reimburse the City. PASSED AYES -13 NOES -0 NO. 21 CHANGE IN CONTRACT JFK COMMUNITY CENTER GYM FLOOR RECONSTRUCTION I hereby submit to Your Honorable Body the following changes for the JFK Community Center, Gym Floor Reconstruction, Nichter Associates, C #92010678. 1. Additional 600 sq ft of sanding and related repairs to gym floor due to water damage. Add $8,740.00 The foregoing change results in a net increase in the contract of Eight Thousand Seven Hundred Forty and 00/100 Dollars ($8,740.00). Summary: Current Contract Amount $42,900.00 Amount of This Change Order ( #1)Add $ 8,740.00 Revised Contract Amount $51,640.00 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 36321506 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 Commissioner of Public Works, Parks and Streets be and he hereby is authorized to issue change order #1 in the amount of $8,740.00 to Nichter Associates , C392010678 in relations to JFK Community Center Gym Floor Reconstruction. Funds are available in CPF 36321506 445/00 Division of Buildings PASSED AYES -13 NOES -0 NO. 22 CITY OWNED VACANT LOT AT 76 BUFFURN STREET ITEM #183, CCP JUNE 25, 2002 AND ITEM #34 CCP JULY 23, 2002 In response to the above mentioned, the City Forester has investigated the poison ivy located in. the City owned vacant lot 76 Buffum Street. He has advised us that that poison ivy is Growing up the trunks of two trees and on the ground surrounding these trees. Upon Inspection of the lot at the beginning of August of this year, the plant is isolated to this spot. He also sprayed roundup on the poison ivy at the end of August in the hopes of killing the plant, or at least reducing its ability to spread. The ivy is quite high on the trees, and it would be a difficult task to remove the poison ivy by hand. I recommend that we wait until winter, when the leaves are off the plant, reducing the risk of infection to our workers (luring removal. REFERRED TO THE COMMITTEE ON STREETS SERVICES NO. 23 LOVEJOY NEIGHBORHOOD REQUEST REMOVAL OF WALDEN AVE. FROM TRUCK ROUTE SYSTEM #105 OF CCP 9/3/02 This is in response to a correspondence our department received from the Lovejoy District Neighborhood Revitalization Services Inc. requesting that a portion of Walden Ave. be removed from the established truck route system in the City of Buffalo. Upon examining this matter it becomes apparent that in order to facilitate this request truck traffic over (5) tons would have to be eliminated between Bailey Ave. and Harlem Rd. Existing truck traffic would be forced to other east -west routes to the north and south such as Genesee, Broadway and William'r Truck traffic over (5) tons necessary for local delivery would still be allowed. In order to enact /legislate this request the City would need concurrence from the New York State Department of Transportation ( NYSDOT) due to the fact that the section of Walden Ave. east of Littlefield St. to Harlem Rd. is under their jurisdiction. It is requested that Your Honorable Body refer the request from the Lovejoy Neighborhood and this response to NYSDOT for review and comment. Input should also be sought from the Western New York Trucking Association and the N.Y. State Motor Truck Association as to access requirements, traffic volumes and routing in this area. Pending input from these and other affected parties our department will consider further actions in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 PERMISSION TO ACCEPT FUNDS CAMP CONSERVATION BUFFALO ZOOLOGICAL SOCIETY Permission is hereby requested to accept $330,000.00 the Buffalo Zoo has received from an anonymous donor for the Construction of Camp Conservation. New York State and Erie County have provided the balance of funds for this project. Camp Conservation is the second phase of the Main Animal Building Restoration. The center portion of the facility currently used to display nocturnal animals will be transformed into three climate based exhibits including Tropical Rain Forest, Scrub Forest, and Desert. Animal species in each exhibit will be those considered endangered. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 18, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept $330,600.00 for the Buffalo Zoo from an anonymous donor for the Construction of Camp Conservation. PASSED AYES -13 NOES -0 NO. 25 REQUEST FOR ADDITIONAL INFORMATION PERMISSION TO ACCEPT FUNDS CAMP CONSERVATION BUFFALO ZOOLOGICAL SOCIETY ITEM NO. 30, CCP 10/15/02 Camp Conservation is the second phase of the Main Animal Building Restoration. The center portion of the facility currently used to display nocturnal animals will be transformed into three climate based exhibits including Tropical Rain Forest, Scrub Forest, and Desert. Animal species in each exhibit will be those considered endangered. RECEIVED AND FILED NO. 26 REQUEST FOR ADDITIONAL INFORMATION STITTS- CONCERNS - CONDITIONS JOHNNIE B. WILEY SPORTS PAVILION ITEM NO. 66, C.C.P. 10/15/02 The Division of Buildings, Mechanical Services, is addressing the water damage. The mold was primarily found on ceiling tile. These have been removed and new tiles have been ordered. They will be installed when received, which should be within the next two weeks. We will address and repair the mold and mildew problems when we replace the tiles. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 ROOSEVELT PARK STEERING COMMITTEE ITEM #67, C.C.P. 10/15/02 Attached please find my response to Ms. Diane Malone of the Roosevelt Park Steering Committee, to her letter of October 5, 2002. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 SCHOOL 75 - MONROE ST. TO COB ITEM #34, C.C.P. 10/15/02 Council staff has advised me that there is still a question as to who will be responsible for the building that houses School 75, if and when, the Board of Education moves from the building. As stated in my previous communication, it is my understanding that the title to all school buildings rests with the City of Buffalo, not the Board of Education. Thus, if the Board is no longer using the building, the Division of Real Estate is responsible for the building. You may want to seek the concurrence of the Corporation Counsel's office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 29 735 HUMBOLDT - MASTEN CAO ITEM #32, C.C.P. OF 1/22/01 The referenced item is tabled in the Committee on Community Development. The Committee has requested an update on the status of this building. We estimate the cost of the environmental remediation at approximately $250,000 and general repairs to the building at an additional $100,000. I need to point out, however, that I have once again talked to the Commissioner of Community Services, Donald Allen, and he has advised me that 735 Humboldt is not needed in order to properly run the City's programs. I must, therefore, question the need to spend over $300,000 on a building that is not needed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 VERIZON CORPORATION REQUEST EASEMENT - THE DRIVE RIGHT OF WAY FOR INNER HARBOR FACILITIES. Our department is in receipt of a easement request ( copy attached) from the Verizon Corporation to facilitate work in conjunction with the Inner Harbor Project. The proposed easement would be on the south side of Marine Dr. in the street R.O.W., behind the curb line, between Main St. and Erie St. Our department has no objection to the easement subject to the following conditions: 1 . The attached easement description is reviewed and approved by the Law Department and the Department of Public Works, Parks and Streets. 2. The easement shall be for the exclusive use of Verizon and no rights shall be conveyed to other entities allowing additional wiring or facilities without consent from the City of Buffalo. 3. Verizon obtains all necessary permits to complete the work and restore conditions in the right of way according to our standard specifications and satisfaction of the City Engineer Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets, dated October 24, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into an easement agreement between the Buffalo Economic Renaissance Corporation to Verizon New York, Inc. on the south side of Marine Drive for Inner Harbor Facilities, with the conditions as listed in the above communication. PASSED AYES -13 NOES -0 NO. 31 CERTIFICATE OF APPOINTMENT Appointment Effective: October 21, 2002 to in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Bridge Operating Engineer, Permanent Appointment at the Intermediate Starting Salary of:$ 28,519 Daniel H. Maloney„ 51 Trowbridge St., Buffalo, MY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective October 21, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Supervisor of Building Construction, Permanent Appointment at the Intermediate Starting Salary of $43,134 Patrick Sullivan, 70 Ashland Avenue, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective: October 21, 2002 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Supervisor of Waterway & Bridge Maintenance, Permanent Appointment at the Maximum Starting Salary of :$ 39,881.00 Donald Schieder, 1231 Kensington Ave., Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 CERTIFICATE OF APPOINTMENT Appointment Effective: October 14, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Water Meter Mechanic, Temporary Appointment at the Maximum Starting Salary of $33,350.00 Andrew Barth, 76 Remoleno, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 35 J. GOLOMBEK -A. JAMISON & O- OPPOSE ISSUANCE - ALCOHOL BEV. LIC. - 40 HARTMAN PLACE [ITEM #80, C.C.P. OCTOBER 15, 2002:] Operators of 40 Hartman Place, Buffalo, NY 14207 have applied for liquor licenses in the past to sponsor youth "Rave" events . At that time, the Fire Department and Buffalo Police Department inspected the site and found numerous code violations. D- District Inspector, James Degenhart suggests that the Fire Department re- inspect the building for code violations. Otherwise, the Inspector has no legal objection to the liquor license application. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 RESPONSE TO REQUEST REGARDING DRUG ASSET FORFEITURE FUNDS ITEM NO. 59, C.C.P. 09/03/02 ITEM NO. 60, C.C.P. 09/03/02 In response to letters dated September 4 1 h and October 11 1 h, whereas the Common Council is requesting information regarding the deposit of Drug Asset Forfeiture checks and their usage, please be advised these funds are deposited into T & A revenue account #20010000 389001 specifically set up for this purpose. As indicated in the Guide to Equitable Sharing of Federally Forfeited Property, these funds must be placed in a separate account, accounted for separately, audited on a yearly basis and must be used for law enforcement purposes only. According to Departmental needs, these funds are subsequently allocated to various expense subaccounts SEA up for the monitoring of T & A Drug Asset Forfeiture funds. These funds are then utilized, through the approval of the Commissioner, to purchase items under the following expense accounts, as stated in Single Page Communication to the Common Council dated June 27 , 2002 and August 22 2002: Educational Training and Seminars - needed for continuing education of various personnel, such as Ethics training, Homicide investigation, Evidence gathering, etc. Confidential Funds - needed for ongoing investigations related to drug trafficking, arrest of suspects and securing of additional forfeited properties. Materials and Supplies - needed to purchase items not funded in City Budget, but are necessary to carry out day to day law enforcement activities. Firearms and Weapons - no funds have been expended through this account in a few years. Communications and Computers - as indicated previously, needed to purchase technologically advanced items not funded in the City Budget, but are necessary to the Department. Purchase of Services - needed to provide additional services to the Department, examples such as installing data and phone lines, MCT repair, evidence /gun shot residue testing, printing of case folders for various squads. Building Improvements - needed for necessary renovations to Departmental buildings, especially the "older" buildings, such as Headquarters, Traffic and 635 Elk Street. Vehicles - needed to secure additional undercover vehicles for Narcotics operations. Operating Equipment - needed for capital outlay purchases of equipment. As stated, these are items not funded in City Budget, but are necessary for the proper functioning of the Department. Some examples are workstations, computer equipment, upgrade of existing network, portable radios, MCT's, office furniture. Funding amounts for each of the above expense categories varies from year to year depending on Department need and City funding provided for each fiscal year. In addition, as mentioned above, this account is audited annually and a copy of the audit report is filed with the Department of Audit & Control and with the Common Council. The audit for fiscal year ended June 30, 2001 has been completed and filed. Also, the audit for fiscal year ended June 3 0th 2002 is scheduled for the week of October 28th and must be completed before December 31't. A copy of this audit will be filed, as in the past, once it is complete. 1: 7���: 7: 7���ri�� .I�K�]dildil�����i7►��1► /_1►[yq NO. 37 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of Police to the Position of Detective Permanent Appointment at the Flat Starting Salary of $ 50,635 Marvin Sanford, 173 Ranch Trail West, Amherst, N.Y. 14221 Michael O'Brien, 1309 Cresceht Dr., Derby, N.Y. 14047 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of Police to the Position of: Detective Contingent Permanent Promotion at the Flat Starting Salary of $ 50,635 Salvatore Valvo, 77 Bloomfield Ave., Buffalo, N,Y. 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE' NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of: Police to the Position of Detective, Temporary Appointment at the Flat Starting Salary of $ 50,635 Joseph Martin, 59 Ramsdell Ave., Buffalo, N.Y. 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of: Police to the Position of Police Lieutenant Permanent Appointment at the Flat Starting Salary of $ 56,560 Michael McCarthy, 745 Bennett Rd., Angola, N.Y. 14006 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective'. October 14, 2002 in the Department of: Police to the Position of Police Lieutenant, Contingent Permanent Appointment at the: Flat Starting Salary of $ 56,560 Marcia Scott, 17 Lennox, Snyder, N Y. 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of Police to the Position of: Police Officer, Permanent Appointment at the Intermediate Starting Salary of $ 42,486 Deanna Fera, 22 Chatham Ave., Buffalo, N.Y. 14216 Shawn Harrison, 74 Erskine Ave. Buffalo, N.Y. 14215 Margaret Nowadly, 55 Ward Ct, Buffalo, N.Y. 14220 John Messina, 35 Hedgerow Dr. Apt. 7, Orchard Park, N.Y. 14127 Melinda Jones, 55 Red Jacket Pkwy., Buffalo, N.Y. 14220 Douglas Hayden, 62 Fawn Trail, West Seneca, N.Y. 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of Police to the Position of Police Officer, Contingent Permanent Appointment at the Intermediate # 2 Starting Salary of $ 39,306 Michael Sullivan, 178 Ridgewood Ave. Apt. 2, Buffalo, N.Y. 14220 Joanne Patterson, 97 Vincennes St., Buffalo, N.Y. 14204 Jeffrey Banes, 52 Avondale PI., Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective October 14, 2002 in the Department of Police to the Position of: Police Officer, Contingent Permanent Appointment at the Intermediate Starting Salary of $ 42486 Isaac Johnson, 40 Pansy PI., Buffalo, N.Y. 14208 Judith Bigelow, 143 Kenefick Ave., Buffalo, N.Y. 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: October 14, 2002, in the Department of Police to the Position of Police Officer, Temporary Appointment at the: Intermediate Starting Salary of $ 39,306 Jason Mayhook, 76 St. James PI., Buffalo, N.Y. 14222 Derrick Banaszak, 509 Roycroft Blvd., Cheektowaga, N.Y. 14225 Linda McDonald, 22 Payson St., Buffalo, N.Y. 14220 David O'Brien, 161 Marine Dr. Apt. 7G, Buffalo, N.Y. 14202 Scott Blesy, 49 Crestwood Ave., Buffalo, N.Y. 14216 Raymond Krug, 153 Shenandoah Rd., Buffalo, N Y— 14220 Robert Sperduti, 703 Lindsey Lane, Orchard Park, N.Y. 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 46 RESPONSE TIMES Attached are the average monthly response times for all Buffalo Fire Department Companies from January 2002 through August 2002. According to the data contained on the spreadsheets, the average response times for each company has not dramatically changed since the temporary closing of Engine 16 and. Engine 18. Currently we are still within the parameters established by NFPA 17 10. NOTE: response times have increased for Engine 33 and Engine 3. This could be a domino effect due to the temporary closing of Engine 16 and Engine 18. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET FROM THE CORPORATION COUNSEL NO. 47 REVIEW OF NOMINEE FOR APPOINTMENT - BUFFALO PEST MANAGEMENT BOARD C.C.P., 10/15/02, NO. 166 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of October 18, 2002) that the following nominees to the Buffalo Pest Management Board has no outstanding debts to the City: Dr. Joseph Gardella RECEIVED AND FILED NO. 48 PROPOSAL OF BUFFALO BISONS, INC. TO TAKE OVER DUNN TIRE PARK OPERATIONS Please find enclosed for your review and approval a proposed sublease and second sublease between the City of Buffalo, the County of Erie and Buffalo Bisons, Inc. relating to the operation of Dunn Tire Park. The purpose of the proposal is to have the Buffalo Bisons take over the operation and maintenance of the stadium in order to eliminate the annual operating deficit. In addition, the County of Erie would assist the City of Buffalo by providing Five Million Dollars ($5,000,000.00) for capital improvements at the stadium as well as reimbursement for a portion of the utility bills. The Buffalo Bisons current lease term with the City of Buffalo extends through 2008. The current proposal envisions a sublease to the Buffalo Bisons through 2008, the end of the current lease item. The current lease provides for two (2) renewal terms at the option of the Buffalo Bisons under the terms of the original lease agreement. This proposal would not affect the renewal options. In addition, title to the stadium will remain at all times with the City of Buffalo. The following is a summary of the responsibilities of each party under the proposal: Buffalo Bisons. Inc. The Buffalo Bisons, Inc. will keep all revenue generated at Dunn Tire Park. In return, the Buffalo Bisons will pay for all expenses of operation, maintenance and repairs of the stadium. This includes the cost of the following: 1 . Salary and fringe benefits for all maintenance, grounds and engineering services; 2. Electric, natural gas and telephone utility bills; 3. Material and supplies for the operation of the stadium including agricultural and botanical supplies, chemicals, office supplies, uniforms, building materials, plumbing, heating and air conditioning materials, cleaning supplies, auto repair supplies, etc.; 4. Assumption of all third -party maintenance contracts on the stadium for various systems, including but not limited to, the elevators, sound systems, HVAC system, field irrigation, etc.; 5. Year -round security guard service at the stadium; 6. General liability insurance protecting the Buffalo Bisons, City of Buffalo and County of Erie from all liability for personal injuries and property damage that occur at the stadium with a limit of liability of Ten Million Dollars ($10,000,000.00); 7. The Buffalo Bisons will reimburse the City of Buffalo on an annual basis for the amortized portion of any City Capital Expenditures spent during the five -year period. 8. The Buffalo Bisons will rent a dumpster and pay for garbage hauling during the off season six -month period. Currently, the City is responsible for garbage removal service year round. The approximate annual cost for the service to the Buffalo Bisons is Eight Thousand Dollars ($8,000.00) per year. 9. The Buffalo Bisons will pay for snowplowing of the parking lot behind the stadium at an approximate annual cost of Three Thousand Dollars ($3,000.00) to Four Thousand Dollars ($4,000.00). County of Erie: 1 . The County of Erie will use Five ERIE Dollars ($5,000,000.00) of its funds for capital repairs on the stadium the list of capital improvements that will be made is attached as "Exhibit N' to the agreement; 2. The County of Erie will reimburse the Buffalo Bisons for a fifty percent (50 %) of the annual utility expenses in excess of Four Hundred Thousand Dollars ($400,000.00); 3. The County of Erie will provide social service and other workers at no cost to the Buffalo Bisons or the City of Buffalo for the purpose of pre -event and post -event clean up at the stadium; City of Buffalo: 1 . The City of Buffalo will retain title to the stadium; 2. The City of Buffalo will continue to maintain property casualty insurance on its property. This would protect the City in the event of fire, theft, or wind damage. The approximate annual cost is Thirty -Five Thousand Dollars ($35,000.00) for Thirty -Five Million Dollars ($35,000,000.00) in insurance coverage. 3. The City of Buffalo will allow the Buffalo Bisons to utilize its maintenance equipment for the five (5) year period. This will be returned to the City of Buffalo subject to reasonable wear and tear; 4. The City of Buffalo will waive the ticket surcharge fee; 5.The City of Buffalo will continue its practice of providing a garbage truck for six (6) months in season for transporting garbage to the transfer station; 6. The City of Buffalo will use its best efforts to perform $1.3 million Dollars in additional necessary capital improvements above the Five Million Dollars ($5,000,000.00) to be spent by the County of Erie in accordance with the plan attached to the agreement. This would be subject to the further approval of the Common Council and the appropriation of funds. 7. The City of Buffalo will continue to provide free water service to the city -owned stadium. 8. The City of Buffalo will repair the concrete plaza and sidewalk outside the stadium. 9. The three (3) permanent City of Buffalo employees will be assigned duties in the Buffalo Parks Division. The proposal accomplishes a number of important objectives. First, it allows the City of Buffalo to access Five Million Dollars ($5,000,000.00) in county capital dollars for much needed improvements to the stadium. In addition, the annual operating deficit will be eliminated through a combination of using the revenues generated by the stadium and funds from the Buffalo Bisons and County of Erie. In addition, at the end of the five -year term, the City of Buffalo will own a stadium that has received in excess of Six million Dollars ($6,000,000.00) in capital improvements. Finally, the proposal recognizes that Dunn Tire Park is a regional asset. The proposal represents a cooperative effort between the City, County and Buffalo Bisons to maintain and improve this asset. For the above -noted reasons, I respectfully request that your Honorable Body approve the proposed sublease and second sublease between the City of Buffalo, County of Erie and Buffalo Bisons, Inc. for a term expiring in 2008. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF BUDGET FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 49 RODENHAUS- CONCERNS, ETC. -26 VILLA AVENUE ITEM NO. 73, C.C.P. 10/15/2002 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 responsible for the enforcement o the housing and property code the zoning code and building code as it pertains to privately owned buildings within the corporate limits of the City of Buffalo. After review of the letter received by the City Clerk on or about October 25, 2002 1 have several observations I wish to share with your Honorable Body. It appears that there is a feud between Mr Rodenhaus and Mr. Finocchi. As their respective properties are adjacent it appears that there is no easy resolve to the complaints brought forth by Mr. Rodenhaus. If Mr. Rodenhaus has a problem with any employee of this department i has nothing to due with our assigned charge. It not our policy to become involved with private grievances. A jurist in court of law best settles matters such as these. At this time, I wish to assure your Honorable Body that the Department o Permit and Inspection Services will press forward to assure that both The property owned by Mr. Carmen Finocchi a 1360, 1662 -68 Kenmore Avenue and by Mr. Edwin Rodenhaus at 26 Villa Avenue will be inspected to assure compliance with any and all applicable building and property codes. It is my sincere hope that this response satisfies you inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 RESTAURANT DANCE CLASS 111 681 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 681 Main and find that as to form it 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 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 Joseph Guagliardo. The attached hereto for Joseph Guagliardo, d /b /a Sphere Entertainment Complex Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 51 "ADD BROADWAY MARKET TO BUFFALO SELF - INSURANCE PLAN" #149 CCP JULY 23,2002 The City of Buffalo's "self- insurance plan" isn't a plan, and it doesn't include any insurance. When the City describes itself as self insured, it really means we have no insurance and thus just pay claims as they occur. The liability issues associated with the Broadway Market are significant. According to Corporation Counsel Risman, there have been a number of sizeable claims in recent years, which may explain the increase in the premium for the Market's existing coverage. At this point in time, I would not be willing to support exposing the City to the cost of claims relating to the Broadway Market. We face enough of those already, and are not in a position to take on more risk or more expense. If anything, we need to shrink the number of structures that we own, maintain and are liable for. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE FINANCE NO. 52 C.FISHER,- C.HUNTER -- CONCERNS CONDITION OF LISBON AND HIGHGATE AVE. ") ITEM #82, C.C.P. JULY 23,2002 Your Honorable Body has asked the Bureau of Administrative Adjudication to provide information concerning summonses issued in reference to the above item. Please be advised as follows: 1/1 /02 to date: Available in City clerk's office We are unable to provide a breakdown of repeat offenders. I trust the information provided is sufficient. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 53 MAYOR'S RECOMMENDATIONS ON FACTFINDER'S REPORT; BUFFALO BUILDING TRADE INSPECTORS AFSCME, LOCAL 2651 Please find attached the Contract Proposals for the Buffalo Building Trade Inspectors, AFSCME Local 265 -1; the Union's Factfinding Brief; the City's Factfinding Brief; the Factfinder's Recommendations; and the Mayor's Recommendations on the Factfinder's Report, for the perio July 1, 2001 - June 30, 2002. REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE, THE CORPORATION COUNSEL AND AFSCME LOCAL 2651 FROM THE BOARD OF EDUCATION NO. 54 BUFFALO PUBLIC SCHOOLS BUFFALO, NEW YORK "INFO. - CIMINELLI CONST. CO." Dear Ms. Rushton: The item enclosed was an anonymous letter that has no basis in fact. Sincerely yours, Rogers BUFFALO SCHOOL PROJECTS CONSPIRACN' (COSTINC TAXPAYERS MILLIONS $$$) Ciminelli Construction Co. through its political and legal connections is circumventing the Competitive Bidding Laws in New York State and has positioned itself to be the Prime Contractor in addition to being the Construction Manager on a series of School Construction Projects worth $ 1 Billion. This series of construction project, is the largest 01 in Western New York history. What this simply means is: 1. No Public Bidding and no Competitive Prices on these Public Projects Interests. 2. Public Tax dollars being privately siphoned to Private Interests 3. Higher Construction Costs. 4. Higher Taxes to Taxpayers. 5. An estimate of $50,000.000 Premium to be paid by taxpayers, which will go into Construction Manager's pockets. (Lack of Competitive Bidding) 6— Political wheeling and dealing to create special laws. 7. Current scheme stretches beyond even those special Laws passed to allow Ciminelli to perform routine renovation work without competitive bidding. This "Conspiracy" is contradictory to all competitive bidding laws in New York State and at the Federal level. With the Buffalo School System constantly in fiscal chaos, why is the city wasting taxpayer dollars? Doesn't someone owe the Taxpayers an answer? REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 55 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Administration and Finance Human Resources RECEIVED AND FILED NO. 56 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 581 Delaware Avenue 1680 Elmwood Ave. 414 Pearl Street 389 Forest Avenue Hutch's Belvedere 1680 Elmwood Ave. Gregory M. Petritz 389 Forest Avenue Hutch & Associates, Inc. Patricia Castiglione Gregory Petritz Timothy E. Mullett RECEIVED AND FILED NO. 57 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 Strategic Planning - Pamela L. Grzebielucha, Christine Kasianowicz X Comptroller- Michael F. Drennen (Union Leave With Pay) X Public Works, Streets & Parks- Andrew Barth, Robert Ralph X Police- Jeffrey Tucker, Linda McDonald, Marietta O'Malley X Administration and Finance- Marlene Smith RECEIVED AND FILED. NO. 58 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board RECEIVED AND FILED NO. 59 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: October 22, 2002 in the Department of Common Council to the Position of Intern VI, Seasonal Non - Competitive at the Flat Starting Salary of $10.00 /hr Michael Watkins, 29 E. Morris Ave. Apt 9, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective: October 15, 2002 in the Department of Common Council, to the Position of Intern VI, Seasonal Non - Competitive at the Flat Starting Salary of $10.00 /hr Daymond E. Colbert, 274 Dewey, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective November 3, 2002 in the Department of Common Council to the Position of Intern V, Seasonal Non - Competitive at the Flat Starting Salary of $8.00 Susanne Beutler,35 Melrose Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective October 15, 2002 in the Department of Common Council to the Position of Intern V, Seasonal Non - Competitive at the Flat Starting Salary of $8.00 /hr Francis C. Franklin, 87 Potters Rd., Buffalo, NY 14220 NO. 60 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. AMENDED CERTIFICATE OF APPOINTMENT Appointment Effective October 9, 2002 in the Department of Assessment and Taxation to the Position of Clerk - Seasonal Appointment at the Flat Starting Salary of $8.15 /hour Maria Palamara, 31 Commonwealth, Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective October 22, 2002 in the Department of Law To the Position of Intern V, Seasonal Appointment at the F I a t Starting Salary of $ 8.00 /hr Shawn P. Hennessly, 208 Grote Street, Buffalo, New York 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: October 28,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Fee Collector Seasonal Non competitive at the: Flat Starting Salary of: $ 5.15 John Brady 160 Norwalk Buffalo 14216 Kelly Haug 22 Weiyand Buffalo 14210 REFERRED To THE COMMITTEE ON CIVIL SERVICE Certificate of appointment Appointment Effective: October 31, 2002 in the Department of Public Works, Parks and Street Division of Streets to the Position of Seasonal Laborer II Seasonal Non - Competitive at the: Flat Starting Salary of: $8.1 5 /h, Michael J. Valenti 572 Tacoma Avenue Buffalo, NY 14216 Certificate of Appointment Appointment Effective: October 30, 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/h Kevin Pangburn 436 Banes Buffalo, NY 14213 certificate of Appointment Appointment Effective: October 29, 2002 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Labcrer II Seasonal Non - Competitive at the: Flat Starting Salary of:$8.15 /h James Morris 424 Hoyt Street Buffalo, NY 14213 Certificate of Appointment Appointment Effective: October 28, 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 $8.15/h Ronald Link 80 Reservation Street Buffalo, NY 14207 Certificate of Appointment Appointment Effective: October 25, 200 -2 in the Department of Public Works; Parks and Streets Division of Streets to the Position of Starting Salary of: $8.15/h Joseh S. Hussar P.O. Box 962 Buffalo, NY 14220 Certificate of Appointment Appointment Effective: October 24, 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: $ 8.15/1 William George: 108 Cantwell Drive Buffalo, NY 14220 Certificate of Appointment Appointment Effective: October 23, 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/hc Walter Cromer 723 Woodlawn Buffalo, NY 14211 Certificate of Appointment Appointment Effective: October 22, 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/h, Phillip Anderson, 125 Shumway Street, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective October 21, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal, Non - Competitive at the Flat Starting Salary of $8.15 hr Jack Alagna, 23 Lovering Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective October 17, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal Non - Competitive at the Flat Starting Salary of $8.15/hr Arbey Hill, 139 Proctor, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective October 16, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal, Non - Competitive at the Flat starting Salary of $8.15/hr Michael Tedesco, 806 Ashland Avenue, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment Effective: October 18, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal, Non - Competitive at the Flat Starting Salary of 8.15/hr David Lomax, 107 Spaulding Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective October 15, 2002 in the Department of Public Works Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal at the Flat Starting Salary of $8.15/hr Mark McKinnon, 86 Brinton, Buffalo, NY 14214 NO. 61 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 10/15/2002 in the Department of Administration & Finance, Division of Inventory & Stores to the Position of Laborer 11, Permanent, Non - Competitive at the Minimum Starting Salary of $24,429.60 Louis A. Cardona, 780 Seneca Street, Buffalo NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective October 16, 2002 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Clerk PROVISIONAL APPOINTMENT at the minimum Starting Salary of $23,949. John Caputo, 317 Fargo Avenue, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment Effective: October 16, 2002 in the Department of: Police to the Position of: Public Safety Dispatcher, Contingent Permanent Appointment at the minimum starting salary of $ 28,164 Deborah Williams, 247 Hancock Ave. Buffalo, N.Y. 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: October 21, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Account Clerk, Permanent Appointment at the Minimum Starting Salary of $25,005 Reginald Goston, 378 Northland Avenue, Buffalo, New York 14208 CERTIFICATE OF APPOINTMENT Appointment Effective: October 14, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Clerk, Provisional Appointment at the Minimum Starting Salary of $23,949.00 Mary Jane Savage, 207 West Ferry Street, Buffalo, New York 14207 CERTIFICATE OF APPOINTMEUT Appointment Effective: October 23, 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 John A. Loughran, 205 Marine Drive Apt. 7A, Buffalo 14202 Brian T. Murrett, 50 Lilac Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: October 21, 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 James T. Conrad, 128 Harding Road Buffalo 14220 Donald P. Herbert, 182 Melrose Street, Buffalo 14210 Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210 Andrew J. Moffett, 776 Abbott Road, Buffalo 14220 Edward D. Standish, 14 Portland Street, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES 10 1 [*] 0 Eel y y IN let Wei*Lrihri[1] 0 [yep I1*] 0 1 1.1 No. 62 LOSS OF $1.8 MILLION CDBG FUNDS FY 2003 1 am in receipt of your letter of October 16, 2002 regarding the loss of i -8 million in Community Development Block Grants funds for fiscal 2003. As Assistant Secretary Bernardi's letter to the Mayor explains, this decrease in funding is a result of the 2000 census data for the City of Buffalo. I have no further information to provide other than that in the Assistant Secretary's letter. Specific questions as to how the 8A per cent decrease in CDBG impacts on your Year 29 Consolidated Plan should be directed internally as this office does not dictate the use of CDBG funds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 K. BELANGER — BUFFALO PLACE Attached Resolution regarding Mem of Understanding with the Seneca Nation of Indians which was approved at a special Board of Directors meeting July 12, 2001 BUFFALO PLACE, INC. RESOLUTION WHEREAS, Governor Pataki has executed a Memorandum of Understanding [ "Memorandum "] with the Seneca Nation of Indians [ "SNI'] that would allow the State of New York and SNI to enter into a Compact to establish gaming operations at undesignated locations in Buffalo, Niagara Falls and on SNI reservation land; and WHEREAS, the New York State Senate has approved the Memorandum, the New York State Assembly is currently considering the Memorandum and SNI will be considering the Memorandum by referendum; and WHEREAS, State and SNI approval would enable further study on details including the type and location of gaming facilities to be permitted in Buffalo and /or Niagara Falls; and WHEREAS, the Board of Directors of Buffalo Place, Inc., the entity managing the special charge district within the Buffalo Central Business District (CBD), held a special meeting on July 12, 2001 to consider supporting the Memorandum; and WHEREAS, it was the consensus of the Board of Directors of Buffalo Place, Inc. that the Buffalo facility should be located in the CBD where it can both support and be supported by the substantial public and private infrastructure already in place, and WHEREAS, it was the consensus of the Board of Directors of Buffalo Place, Inc. that the host municipalities should receive an appropriate share of the State Revenue Share (as defined in the Memorandum) so as to provide funding for other economic development initiatives in addition to compensation to cover costs to the municipalities and general public associated with a casino operation. NOW, THEREFORE, be it RESOLVED, that Buffalo Place, Inc. does hereby urge the Assembly to approve the Memorandum to permit the matter to move forward and to work with the Senate, the Governor's office, the SNI, and the local municipalities to further study the issues required for implementation of a detailed plan; and be it further RESOLVED, that the SNI consider only Buffalo site options which are located in the CBD, and be it further RESOLVED, that the host municipalities receive an appropriate share of the State Revenue Share so as to provide funding for other economic development initiatives in addition to compensation to cover costs to the municipalities and general public associated with a casino operation; and be it further RESOLVED, that the Secretary forward copies of the Resolution to the Governor, the Majority Leader of the Senate, the Speaker of the Assembly, the SNI, and other government officials at the state. county and local level. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 64 P. DUNWOODIE CONCERNS REAPPORTIONMENT As a. tax payer in the City of Buffalo, I am wondering who is paying for the legal fees incurred by the court Challenges to the Council Downsizing plan. I would hope that the City is not footing the bill, especially in light of the fact that we don't have to money to hire adequate police officers, firefighters and teachers. We don't have to money to run a humane Animal Shelter. We don't have to money to do much of anything. But I have a strong idea that we the taxpayers are footing the bill as usual. As a voter I am wondering why so many of you are so afraid to let us voters decide what we want. Is that not what democracy is all about. As a resident of the City of Buffalo I am wondering why eliminating the At -Large seats only hurts the minority population. Don't the At -Large members represent the entire City population? It does not appear that certain Council Members feel that way. And Finally as a registered Democrat I am wondering why certain leaders are patting themselves on the back because they are registering voters in certain areas and are planning to "get the vote out ". Is that not something you should have been doing all along. I guess you did not really need their vote until now so it was not important to you that they voted. Ladies and Gentlemen our city is a mess, in part due to the ineffective leadership we have in Mayor's office and in part due to the ineffective leadership we have in the Common Council and have had for many many years! I have lived in the city most of my life. I love the City of Buffalo and I am sick about what you have allowed to happen to it. We need a change and we need it quick. Our children are dying in the streets, our neighborhoods are no longer safe, our schools are working under horrendous conditions, our talent our future is being forced to leave to find jobs elsewhere and our leaders are worried about political agendas, shows of power and losing their jobs If I had my choice I would do a clean sweep and start over again and apparently if some of you had your choice I would have no choice at all! Thank you for your time REFERRED TO THE SPECIAL COMMITTEE REAPPORTIONMENT No. 66 New Federally- Mandated Program to Control Stormwater Runoff A significant percentage of waters in New York State are adversely impacted by, uncontrolled stormwater discharges. The Stormwater Phase program will help to restore these waters. New York's draft general permits for implementing the stormwater program are available for review. The following documents are available for public review and comment I . SPDES General Permit for Stormwater Discharges from Construction Activity 2. SPDES General Permit for Stormwater Discharges from Construction Activity - Draft Reissuance 3. SPDES General Permit for Municipal Separate Storm Sewer Systems (MS4) 4. Criteria for Designating Regulated MS4s In response to the new federal regulations, the Department of Environmental Conservation (DEC) is proposing 4 separate actions concerning the discharge and management of stormwater runoff from certain types of activities. Under federal law, known as the Phase 11 stormwater regulations, new permits are required by March 10, 2003. As a NPDES- approved permitting authority in New York State under Section 402 of the Clean Water Act, DEC administers the stormwater regulations that have been issued under 40 CFR Part 122. In that regard, DEC is making available for public comment the following: I . A draft general permit (GP- 02 -01) under the State Pollutant Discharge Elimination System. (SPDES) for stormwater discharges associated with construction activity. This permit will provide coverage for construction activities that disturb one or more acres of land and will require owners estimates that, at any given time, this permit will apply to as many as 10,000 construction activities which generate stormwater runoff. Beginning March 10, 2003, construction activities Involving a disturbance of one or more acres may be subject to a permit under the National Pollutant Discharge - Elimination System (NPDES). In New York State, this will be accomplished by an applicant submitting a Notice of Intent (NOI) or application for coverage under a SPDES permit. 2. A draft re- issuance of DEC's current general permit for construction activities, GP- 93 -06. This re- issuance will facilitate the transition from the existing permitting to the new stormwater program. It will affect approximately 1,800 construction activities that will be covered under the existing GP -93 -06 when the new general permit for construction activities noted under #1 above is issued. After the issuance of the permit, GP- 02 -01, no new permit coverage will be allowable under GP- 93 -06. The re- issued general permit, GP- 93 -06, will expire on August 1, 2003, after which all construction activities that need a permit, including those previously covered under GP- 93 -06, will have to get coverage under the new general permit, GP-02-01. 3. A draft SPDES general permit (GP- 02 -02) for regulated small Municipal Separate Storm Sewer Systems (MSs) This permit sets forth requirements to address stormwater runoff from these systems. DEC has estimated that this pen -nit will apply to, at a minimum, 500 local government stormwater systems plus an unknown number of other systems. An MS4 located within the boundaries of an urbanized area as defined by the U.S. Census will be an automatically "regulated MST' under the INPDES stormwater regulations. 4. Draft criteria for designating regulated AMs in addition to those automatically included as regulated MS4s by virtue of federal stormwater regulations. Funding Under the State's Environmental Protection Fund (EPF), $3.4 million will be provided this year to assist communities in implementing the new stormwater program. In addition, $380,000 from New York's federal nonpoint source grant and $800,000 In partnership funding has been committed to its implementation. How to Get Copies • Copies of the draft general pen -nits and proposed designation criteria are available on the DEC website at: http: / /ivNvw.dec. state. ny. "s /website /dow /swpu bcom. html • Copies are also available by calling 518 - 402 -8109. Who to Contact with Questions Questions regarding the content of the draft general permits and designation criteria can be directed to the following individuals: Construction General Permit, GP -02 -01 and re- issuance of GP- 93 -06: Ken Stevens - telephone: 518- 402 -8098; e-mail: kbsteven @gw.dec. state. ny. us or Davo Gasper - telephone: 518- 402 -8114; e-mail: djgasper @gw. dec. state. ny. us MS4 General Permit, GP- 02 -02: Mike Rafferty -_telephone: 518 - 402 -8094; e-mail: mrraffer @gw. dec. state. ny. us MS4 Designation Criteria: Lois New - telephone: 518- 402 -8233; e-mail: lanew @gw.dec.state.ny.us or Leila Mitchell - telephone: 518 - 402 -8233; e-mail: Ijmltche @gw.dee.state. ny. us' Send Comments to: Mr. Thomas D. Engel New York State Department of Environmental Conservation Division of Environmental Permits 625 Broadway - 4th Floor Albany, NY 12233 -1750 E -mail: tdengel @gw..dec.state.ny.us Comment period closes November 18, 2002 REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORK, AND AMERICAN WATER WORKS No. 66 REQ. PURCHASE — 1733 NIAGARA ST I am the property owner of 1731 Niagara street. Over a year and a half ago I contacted the city of Buffalo to purchase the land adjacent to my home. (173 3 Niagara street) The Department of Real Estate told me that it was parkland and the title was unable to be transferred, I have been informed that subsequent to my request, The Department of Real Estate has asked the Common Council to approve the sale of 1733 Niagara Street to someone else. As the adjacent property owner and neighbor who has maintained this land for the last six years with a earlier request to purchase the property (1733 Niagara street) I would like first opportunity to purchase the land. I would greatly appreciate all the information on how to apply for the property, So I can forward this to my attorney and start the process. Again I would like to sincerely thank you for contacting me so I was not left out of the process. REFERRED TO THE COMMITTEE ON FINANCE NO. 67 J. HALL UPKEEP OF 246 COMSTOCK AVE I hereby submit for filing copies of a letter for Ms. Joe Ann Hall. Ms Hall is a resident of Comstock Avenue and is requesting that something be done to ensure the up keep of properties on her street. I am requesting that you will take the proper steps to ensure that the owners of 246 Comstock Avenue, Buffalo, New York 14215 enhance the appearance of his property. This property is an eye sore in my neighborhood, it is also next door to my home in which I am currently running a group /family day care. I am concerned about rodents due to the fact that the grass and hedges have grown up very high and have not been cut down all year. This property has not been maintained properly since the owner has moved to a new location, I am hoping and praying that you will take whatever action necessary to get this problem resolved. Thank you advance for your efforts. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS AND INSPECTIONS AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 68 L. HERRING REQ. TIMON ST BE RENAMED LULA LUCRITIA ADAMS GAYLE WAY I hereby submit for filing copies of a letter for Lula Lucritia Gayles Herring. She is requesting that Timon Street be renamed Lula Lucritia Adams Gayles Way in honor of her mother. I would like to honor my mom, Lula Lucritia Adams Gayles, by naming Timon Street /Lula Lucritia Adams Gayles Way for the following reasons. My mom, Lula Lucritia Adams Gayles, also affectionately known as, Mamo by her 17 children, 56 grand children and 52 great grand children dedicated her life to her family and the society of the city of Buffalo. At the age of eight months mama was brought to Buffalo by her parents Maxi Gregg Adams and Edna Earl Miller Adams from Savannah Georgia. At the age of seventeen Mama married our father Edward Cato Gayles 11 on December 11, 193 5. Marna cried for two years thinking that something was definitely wrong with her. Mama thought that once she got married a baby would just appear on the pillow when she woke up in the morning. At the age of nineteen 1937 Mama had her first of nine daughters and 1960 mama had the last of eight sons. Mama always referred to her children as her flower garden and always said that having children was like having money in the bank. When mama was ridiculed for having so many children mama would say, "Having a large family is dream, just as other people dream of becoming a doctor, lawyer, teacher, or becoming the president of the United States, I have dedicated my life to having and raising my children." Very early mama recognized that her children were gifted to sing and as soon as we could talk mama put us in The Gayles Family Singers. A gospel- singing group that has song collectively and individually sang for over sixty years. From Buffalo to Florida, from California to Jamaica West Indies, from the Dominican Republic to Africa, Saudi Arabia and back to Buffalo. The most magnificent thing about mama was Mama trained all of us to put GOD first, education next, and always be a good citizen. Mama keep all of us in church, in Sunday school and in the Buffalo public schools. All of her children completed college or are near completion of a degree /s. All except one of the children are in either the educational, medical, technical, clergy fields. We were extremely disciplined and taught not to fight; as a result, Mama never had any trouble with her children being disobedient to her or disobedient to the law. Lula Lucritia Adams Gayles was an unselfish woman who put God and her children first. I remember Mania waiting for seven years to buy a dress in order to help daddy pay for the mortgage for our home at 325 South Division street. Mama made homemade ice cream and crochet doilies, handbags, and centerpieces while daddy worked at the Bethlehem steel plant for forty -five years to provide for the family. I believe that ever woman who births a child, loves cares, and nurtures that child deserves recognition and honor. I over whelming believe that the woman who birth my sixteen siblings and me deserves ultimate recognition. To list all the honors that were bestowed up Mama and the family would be over whelming, therefore I will categorize some of the honors, Mother of the Year Alpha Kappa Alpha Sorority, Inc. Black Family Award, numerous T V appearances, newspaper and magazine articles, and the list goes on covering over sixty years of service and dedication to her family, Buffalo, Western New York and the world. Mamo is a women that should be memorialized and honored by the city of Buffalo for her tremendous contribution to humanity. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL No. 69 M.HOUSE KEENS AVE I hereby submit for filing copies of a letter for Ms. Marilyn House. Ms House is a resident in the Kerns Avenue neighborhood. She is requesting that a brick wall be put up to eliminate a continuance of break- ins, unwanted traffic, and unwanted garbage due to an open field located near tier home. Councilman please try to assist my neighbor and I with trying to get a brick wall put up to stop unwanted traffic that allows our homes to be broken into due to an open field between us. Councilman we have had a total of seven break -ins between us, also my neighbor has had her car broken into. We continue to also get unwanted garbage, the grass continues to be uncut. We have tried to stop the traffic with our block clubs help in placing Chain link fencing up (x 3 attempt) they just get torn down. We have been unsuccessful in reaching our councilman for our district to large our complaints, so we are asking for your help in solving the problem of the eyesore it gives for our neighborhood, the unsafe issue it brings for our area homes and children passing or trying to play in that area, help us stop the problem with a brick wall. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS AND,INSPECTIONS, THE COMMISSIONER OF POLICE AND COMMISSIONER OF PUBLIC WORKS NO. 70 A. KLEIN CONCERNS SQUAW ISLAND Please file the attached letter from Mr. Klein with the Common Council. Your assistance is greatly appreciated. Councilman Charley Fischer III Waterfront Revitalization Committee Dear Mr. Fisher: I have sent this letter to the Mayor and hope I can interest you, the City Council and the Waterfront Revitalization Committee in this problem. The north end of Squaw Island has been subject to recent remediation work under the DEC and some work evidently to support a park in the area. I am disappointed that the work there resulted in bulldozing, dozens of healthy trees and shrubs, and construction of a roadway and parking areas. This particular reach of riverbank has been lined with fisherman, a few in wheel chairs since 1963 when I first became aware of this fairly rich fishing "hole." Before there was a Riverwalk they walked or push their bicycles down from Niagara Street. Since a parking area became available there, some fishermen would park on the Southside of the Railroad Tracks and walk the few hundred feet to the north end of the island. A few years back after the recycling enterprise was gone ATV's and 4wheel vehicles made a mess of the north side of the tracks and a gate was imposed to discourage this. When I saw the plans for the park in the north side that included only service roadways I cheered for the retention of the character of the riverbank as a fishing site. I was also comforted that the somewhat limited number of people who would walk the couple of hundred feet from the parking area to the park would control most human impact on this tiny area. Regarding the clearing of the trees and shrubs on the island: I have good information that a professional forester and knowledgeable volunteer botanists and biologists had tagged trees and shrubs they sought to save. These tagged trees were part of the other vegetation that was all cut down. The Niagara River Basin has been internationally identified by the Audubon Society as an Important Bird Area (IBA) and receives special attention for this honor. It is sad that Buffalo lessens the overall habitat value along its side of the river by bulldozing the remaining small cover that was afforded by Squaw Island. I can obtain from several renowned birders, lists of bird species in the area that have been virtually eliminated by the work in your jurisdiction. I was especially heartened by the city's decision to devote the north end of the island to parkland and have followed this development with great interest. I am frustrated that these developments on the island have not been subject to any review of which I am aware. I no longer live in Buffalo but still attend no end of Waterfront Policy Meetings and Hearings. I have advised and consulted with the endless array of organizations devoted to some form of improvement of the waterfront. We sacrifice our own good energies and time trying to improve Buffalo's waterfront and apparent whimsical decisions like this just continues to undermine confidence. I had an office at the Corps of Engineers that had a view of the International Bridge. During the mid 80's I noted hanger on's harassing Riverwalk users at the International Bridge and began a personal campaign of getting more attention for dangers to the area. I wrote several letters and met with half a dozen city representatives, several police officers, and Sheriff Tom Higgins but really achieved very little since about the time I retired from the Corps of Engineers, in 1990 a woman was mugged and brutally beaten on Squaw island at that very area instant to this letter. I helped Jesse Kregal in overcoming some obstacles trying to complete the western leg of the Scajacuada Pathway. I am Chairman of the Niagara Frontier Chapter of the Adirondack Mountain Club and have been active for over six years on New York State Park polities as they are being developed in the current Unit Management Plans. I really believe in good parks and trails to preserve and enjoy nature and for health and promote quality of life. The Riverwalk after it crosses the International Rail Bridge, crosses this new roadway at an acute angle and in a location that endanger south bound bicyclists. The danger is provided by the fact that the grade down from the bridge encourages an increasing speed on the bicyclist while the decline below the railroad grade cuts off visibility to the other side of the tracks. I hope you can loop the bikeway out and away from the tracks so that it will approach the auto path and a friendlier angle and alert each vehicle of the others presence. I'm sure the auto drivers; who enter the area, with or without warning signs, will adopt the same care and caution they show bicycles on Niagara St (an insider joke for my fellow bicyclists). In Summary: in Squaw Island the work so far wrecked a decent habitat by clear cutting spent a lot of money on a very questionable roadway and added the danger of conflict with motor vehicles on the existing bikepath. Related to this, during the problems with the Scajacuada, Hertel Precinct Chief Degenhart kept emphasizing the increase difficulty of patrolling the new recreation trail to my representative at the time, Councilman Zuchlewski. Now with a cut back in police services already underway the city adds isolated roadways to an isolated area that is difficulty to reach and that has a history of assaults. I don't see a happy outcome here. I will share this letter and your response with the various WNY recreation and bicycling clubs and my representatives. REFERRED TO THE SUB - COMMITTEE ON WATERWAYS, THE COMMISSIONER OF PUBLIC WORKS AND THE BUFFALO SEWER AUTHORITY, NO. 71 E.PAYTON REQ. ASSIST. CLEAN -UP 84 HAWK ST I hereby submit for filing, copies of a letter from Mr. Elmo Payton, a concerned citizen. Mr. Payton is requesting assistance with the clean up of 84 Hawk Street in the City of Buffalo. LETTER AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED To THE COMMITEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 72 Erie Basin Breakwater I am writing to alert the Common Council about the serious deterioration of one our most important historical waterfront structures. The former Government Breakwater, built in 1850, was Buffalo's first detached barrier. It formed the Erie Basin, which was one of the key parts of our harbor during the city's ascendancy to commercial preeminence. Much of the original structure has been covered to provide for the current park and marina facilities. However, a significant portion of the original stonework remains exposed at its north end. Here, the old breakwater takes a 45 degree turn to the northwest, and it is this short segment that is part of the entrance to the Marina. The stonework consists of large cleanly cut blocks set to provide a handsome sloping face and held in place by iron straps bolted to the rock. In November of 1999, while canoeing past the wall, I noticed two or three of the stone blocks had fallen out of place due to the rusting away of the retaining straps. I reported the problem. by phone to Public Works and urged them to make repairs while it was relatively simple and before the winter storms. To date no repairs have been made and man), more blocks have fallen away to the point where the whole end of the structure in danger of collapse. Given the historical importance of this breakwater, the fine appearance it represents to our harbor and the safety issues that are now of growing concern, I urge that action to be taken to make repairs immediately. REFERRED TO THE COMMITTEE ON WATERWAYS AND THE COMMISSIONER OF PUBLIC WORKS NO. 73 K.BRYANT COMMENTS — PROPOSITION #1 Please file the enclosed correspondence for Tuesday, October 29, 2002 Common Council Thank you for your attention to this matter. LETTER AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 74 ADELPHIA ANNUAL REPORT 2001 -2002 Enclosed please find three (3) copies of the Adelphia Annual Report submitted to you on this date as per our franchise agreement with the City of Buffalo. As always, if you have any questions or concerns regarding the information, please do not hesitate to contact me at 558 -8590. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 75 NYS & SENECA NATION OF INDIANS GAMING COMPACT Please file the attached New York State & Seneca Nation of Indians Gaming Compact from NYS Assemblyman Sam Hoyt, which were presented to the Committee on Community Development, at the Public Hearing on Casino Gaming in Downtown Buffalo, at the Buffalo Science Museum on October 17,2002. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 CASINO ECONOMIC IMPACT ANALYSIS DOWNTOWN BUFFALO, NEW YORK Copy available in city clerks office for review REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 HEARING ON CASINO GAMBLING Talking Points Buffalo Common Council Hearing on Casino Gambling John Maggiore, Chief of Staff, office of Assemblymember Sam Hoyt October 17, 20021 1) Gov's report a ) "Stand Alone" casino = net job loss of 1,208. This is because of an anticipated substitution effect. meaning that most patrons of a WNY casino will come from WNY and spend money that would otherwise be spent at other WNY businesses. This is the type of casino that most business people I have spoken to who fax -or a casino want. b) Resort style casino = projected net job gain at cost of 7,644 existing, taxpaying jobs outside sovereign Seneca territory. These jobs would be replaced. And according to the report exceed by jobs within the resort complex — assuming lodging, restaurants. entertainment connected with the casino. which in this case would be non - taxpaying. Seneca businesses. c) We believe that even these figures are very optimistic: i) Because they assume more visits from outside WNY than is reasonable to expect based on the proximity of other casinos, some of which did not exist at the time of the report (central NY, Southern Ontario. Detroit, Connecticut, Atlantic City). ii) Also, this report does not break down the projected impact at the Buffalo and Niagara Falls location. It is reasonable to assume that the Niagara Falls site will get more visitors from outside the region because Niagara Falls has traditionally received more tourists already. iii) The study assumes that both a Niagara Falls and Buffalo casino combined will together receive 6.4 million or 10.4 million visitors depending on whether the casino is stand alone or resort. By comparison, Casino Niagara received 8.5 million visitors last year. iv) Note that the report correctly assumes no traffic from Canada because of the presence of Canadian casinos. 3 Note also that winnings are tax free in Canada, which also benefits from a favorable exchange rate. 2) Revenue Sharing will not help Buffalo's Budget a) Revenue sharing arrangement often misreported as 25% of casino's winnings. In fact, Buffalo would receive a yet to be determined share of the state's revenue, which begins at 18% of the drop of electronic gambling devices only and eventually becomes 25 %.4 This arrangement is not permanent and may be reduced to 0 after 14 years.5 b) Projections of revenue sharing of up to $10 million for Niagara Falls and by implication, a similar amount for Buffalo are unreasonably optimistic. To achieve these numbers, assuming the payoff to bettors for electronic devices is similar to the standard payoff for Las Vegas Casinos (98 %), Buffalo's casino's electronic gambling devices in the first year would have to yield a total revenue in excess of $1.1 billion, the City's share would have to be one fourth of the State's share of 18 %. or 4.5 %, the county's share would have to be zero, In turn, this means that the total amount wagered would have to be at least $11 billion. By comparison, Casino Niagara's total revenue (not just for electronic devices) for 2000 -2001 was under $600 million.7 The Governor's study projects total revenue (again not just for electronic devices) for both casinos combined to be either $378 million or $698 million depending on whether it is a stand -alone or resort style casino. 8 Note the higher number relies primarily on non - gambling revenues, which Senecas would neither be obliged to share in any way or pay taxes on. c) Buffalo is not compensated for services, or even from lost tax revenue. d) The State, not the Compact, decides what share goes to Buffalo if any. Such dedicated revenue sources are often substituted for. not added to, other types of aid. such as emergency aid. Buffalo is likely to end up with increase costs, lower tax revenues, and no appreciable increase in state aid as a result. e) Even that share will evaporate if the Senecas decide not to continue a revenue sharing arrangement after the 14 years required b„ the Compact. or if the precarious exclusivity arrangement making the revenue sharing arrangement legal either violated, which it may be coming out of the blocks because of concurrent legislation passed allowing for raceways to operate electronic gambling devices. This by the way may be the basis for the Department of the Interior to reject the compact within the next two weeks. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 78 RELOCATION OF GAS METER HAMLIN PARK I received your letter of October 16, 2002 regarding an item referred to myself and the Committee on Legislation from the Common Council Session on Tuesday, October 15, 2002. This item concerns the relocation of gas meters in the Hamlin Park area of the City of Buffalo. It appears that petitions were signed by some of the residents regarding this issue. I would like to offer the following in response to this item: I . National Fuel is currently upgrading its underground facilities in the Hamlin Park area of the City of Buffalo. 2. National Fuel upgrades its infrastructure to ensure safe and reliable service to our customers at all times. I want to take this opportunity to note that public safety and the continued provision of natural gas are our top priorities. 3. National Fuel selects the Company recommended location for meter relocations, taking into account safety and other considerations. We attempt to place the gas meter behind existing shrubbery if we are able to do so by varying the meter location by no more than five feet. 4. To the extent the Company preferred location is not acceptable to the owner and an alternate site either on the front or side near the front is approved by the Company, then the owner would need to execute and return the meter relocation agreement provided to the customer along with payment of $270 ($250 plus tax). 5. There is no date on the petitions submitted; several telephone conversations between myself and various constituents regarding this issue have been on -going since the start of the project. 6. Additionally, I have had conversations with Demone Smith from Councilmember Thompson's office regarding this issue; he and Mr. James Murphy from the Hamlin Taxpayers Association have worked with me to set up a meeting on Thursday, October 24 1 h 6:30 pm between concerned constituents and representatives of National Fuel to discuss their concerns and answer their questions. These steps were taken prior to the item being addressed at the session 7. Please know that National Fuel will continue to uphold our excellent customer service and responsiveness - but that we must remain constantly mindful of avoiding costs that would increase the costs to all ratepayers. I trust that this correspondence addresses your concerns. Please feel free to attend the session to be held at The Blue Cross and Blue Shield building on Main Street (near Humboldt) this Thursday with your constituents and representatives of National Fuel. If I can answer any questions in the meantime, please feel free to contact me at 857 -7780. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 79 L.T. ROBERTS- FIRE PREVENTION INFO 334 ABBOTT REFERRED TO: LT POCZKALSKI APPLICATION FOR: T J AUTO INC LICENSE TYPE: USED CAR DEALER NEW LICENSE 2003 BUSINESS ADDRESS: 334 ABBOTT BUSINESS PHONE: (7 16) 922 -7495 COUNCIL DISTRICT: so POLICE DISTRICT: 15 APPLICANT NAME: TODD SZUMNSKI APPL. PHONE: (7 16) 812 -8496 APPLICATION NUMBER 523476 REFERRAL DATE: 06/14/2002 MAX. NO.OF VEHICLES 5 APPROVED 6/18/2002 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 80 REQ. FOR WRITTEN OPINION - PERMISSIVE REFERENDUM - CHANGING STRUCTURE OF MUNICIPAL LEGISLATIVE BODY We have received your request for a report outlining the process as described in the Municipal Home Rule Law for a permissive referendum on changing the structure of a municipal legislative body. As you and I discussed by phone, we view this as a. request for an opinion. The Attorney General renders formal opinions to State departments and agencies. The Attorney General also issues informal opinions to local governments. As a long- standing tradition of this office, informal opinions are issued to municipal attorneys, upon their request. Under State and local law, the municipal attorney is the official lawyer for a local government. We offer informal opinions to municipal attorneys to assist them in performing their official legal advisory functions for the entities they serve. Therefore, the Attorney General's authority to issue an opinion involving a municipality derives from a request by the municipal attorney. We render opinions regarding local governments only upon a written request of the attorney representing the municipality involved. Furthermore, because we are not fact - finders, our opinions are based on the facts as presented by the municipal attorney. In addition, this office has a long- standing policy of refraining from issuing opinions regarding matters that are the subject of litigation. By issuing an opinion responding to your request, we would be providing an argument to one of the parties. This would be inconsistent with the principle that our role is one of impartiality. We regret that we cannot respond to your request for an opinion, but trust that you recognize the basis for our position. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 81 COB ADJUDICATION OF TRAFFIC VIOLATIONS This bill was submitted but did not pass this past session. it will be re- introduced in January with the goal of passing to allow the City of Buffalo to resume adjudication of traffic infractions. Most likely it will need a new home rule message from the Council in January I will keep you posted. REFERRED TO THE COMMITTEE ON FINANCE. NO. 82 ADDITIONAL EXAM CREDITS - CHILDREN OF POLICE /FIRE OFFICERS KILLED IN LINE OF DUTY Please submit the attached item for the next Common Council meeting, which will be held Tuesday, October 29, 2002. Should you require further information, please feel free to contact me directly at (716) 851 -5145. Amendment to Civil Service Law Grants Additional Examination Credit to Children of Firefighters and Police Officers Killed in the Line of Duty On September 17, 2002, Governor Pataki signed into law a bill adding a new Section 85 -a to the Civil Service Law granting additional credit on civil service examinations for children of firefighters and police officers killed in the line of duty. The law is to take effect immediately. Attached is a copy of the text of the amendment for your information. The law states in part, "...for the purposes of determining final earned ratings, children of firefighters and police officers killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent has served." The law also specifies requirements and conditions that must be met. These are similar to the requirements for veterans' credit including the fact that documentation must be submitted and points must be added before the eligible list is established. Once the list is established, no points may be added. In addition, these points can be used only once for appointment to a permanent position. We have also enclosed a notice for applicants and ask that you post it near the exam announcements at your offices. If you have questions concerning this amendment, please contact the following members of my staff. Michael Eberle, Chief of Classification and Compensation (858- 6528), Sue Agos Quinn, Senior Personnel Specialist (858- 7418), Donna Witmer, Personnel Specialist (858 -8462) or Will1 am Barto, Personnel Specialist (858- 8465). LAWS OF NEWYORK, 2002 CHAPTER 495 AN ACT to amend the civil service law, in relation to special rights for children of firefighters and police officers became a law September 17, 2002, with the approval of the Governor. Passed by a majority vote, three - fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The civil service law is amended by adding a new section 85 -a to read as follows: S 85 -a. Additional credits allowed children of firefighters and police officers killed in the line of duty. 1. Additional credit authorized. Additional credits shall be allowed children of firefighters and police officers killed in the line of duty, as "child" in this section in competitive examinations -for original appointment. (a) On all eligible lists resulting from competitive examinations, the names of eligible persons shall be entered in the order of their respective final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list, provided, however, that for the purpose of determining final earned ratings, children of firefighters and police officers killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent has served. (b) Such additional credit shall be added to the final earned rating of such child, as the case may be, after he or she has qualified in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 2. Application for additional credit; proof of eligibility; establishment of eligible list. Any candidate, believing himself or herself entitled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candidates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date, for filing applications for a competitive examination for original appointment, the eligible list resulting from such examination may be established, notwithstanding the fact that a child who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list. CHAP. 495 Cont. 3. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment in the civil service of the state or of any city or civil division thereof from an eligible list on which he or she was allowed the additional credit granted by this section as a child, shall thereafter be entitled to any additional credit under this section as a child. (b) Where, at the time of establishment of an eligible list, the position of a child on such list has not been affected by the addition of credits granted under this section, the appointment of such child from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the additional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appointment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a child has been originally appointed from an eligible list on which he or she was allowed such additional credit, but such appointment is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the probationary term, he or she shall not be deemed to have been appointed, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appointment shall not affect his or her eligibility for additional credit in other examinations. 4. Withdrawal of application; election to relinquish additional credit. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child has received the additional credit granted by this section, such child may elect, prior to permanent original appointment, to relinquish the additional credit theretofore granted to him or her and except the lower position on such eligible list to which he or she would otherwise have been entitled; provided, however, that such election shall %­ hereafter be irrevocable. Such election shall be in writing and signed by the child, and transmitted to the department or the appropriate municipal civil service commission. 5. Roster. The department and each municipal commission shall establish and maintain in its office a roster of all such children appointed as a result of additional credits granted by this section to positions under its jurisdiction. The appointment of a child as a result of additional credits shall be void if such child, prior to such appointment, had been appointed as a result of additional credits granted by this section. §2. This act shall take effect immediately. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF HUMAN RESOURCES AN CORPORATION COUNCIL NO. 83 NOTIFICATION -NEW SECTION 85 -A -NY CIVIL SERVICE LAW Please submit the attached item for the next Common Council meeting, which will be held Tuesday, October 29, 2002. Should you require further information, please feel free to contact me directly at (716) 851 -5145. Item on file in Clerk's Office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF HUMAN RESOURCES AND CORPORATION COUNCIL N *Cluj Ir e V Z K S] L V i h V i 111 i 9 4* 1 CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 84 C. FISHER -A. OSUORAH- CONCERNS - TREATMENT AS EMPLOYEE (CCP#41 -DEC. 11, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 85 A. OSUORAH- SUPPLEMENTAL GRIEVANCE LETTER (CP) (CCP #23 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 C. FISHER -A. OSUORAH- CONCERNS TREATMENT AS EMPLOYEE (CCP #26 -JAN. 22 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 C. FISHER -A. OSUORAH- CONCERNS TREATMENT AS EMPLOYEE (HR) (CCP #26 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 APPT. - CONSULTANT II (MAX) (ASSESS. /TAX) (CCP #20 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 APPOINTMENT ELECTRICIAN (INTER) (PW) (ITEM NO. 36- C.C.P. OCT. 15, 2002) That Communication 36, Oct. 15, 2002 be received and filed and the permanent appointment of David Warden stated above at the intermediate salary of $30,923 effective on October 3, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 90 APPOINTMENT INVESTIGATOR (INTER) (PW) (ITEM NO. 37- C.C.P. OCT. 15, 2002) That Communication 37, Oct. 15, 2002 be received and filed and the permanent appointment of Daniel P. Lombardo stated above at the intermediate salary of $35,367 effective on October 7, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 91 APPT.- POLICE LIEUTENANT (MAX) (POL.) (CCP #38 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 APPT.- POLICE LIEUTENANT (CONT. PERM.) (MAX) (POL) (CCP #39 -OCT. 15, 02) That the above item be and the same hereby received and filed. ADOPTED NO. 93 APPOINTMENTS POLICE OFFICER (INTER) (POL.) (ITEM NO. 40-C.C.P. OCT. 15, 2002) That Communication 40, Oct. 15, 2002 be received and filed and the permanent appointments of Steve Sierk, Joseph Ruggiero and Michael DeLong stated above at the intermediate salary of $36,131 effective on September 30, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 94 APPOINTMENTS POLICE OFFICER (CONT. PERM.) (INTER) (POL.) (ITEM NO. 41 - C.C.P. OCT. 15, 2002) That Communication 41, Oct. 15, 2002 be received and filed and the contingent permanent appointments of Shawn Hamison, John Caruso and Corey Krug stated above at the intermediate salary of $36,131 effective on September 30, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 95 APPOINTMENT MOTOR EQUIP. MECH.(INTER) (FIRE) (ITEM NO. 43-C.C.P. OCT. 15, 2002) That Communication 43, Oct. 15, 2002 be received and filed and the permanent appointment of John W. Kelleher, Jr. stated above at the intermediate salary of $30,828 effective on October 7, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 96 APPOINTMENT ASSOCIATE MANAGEMENT ANALYST (MAX) (A &F) (ITEM NO. 48-C.C.P. OCT. 15, 2002) That Communication 48, Oct. 15, 2002 be received and filed and the permanent appointment of Donna J. Estrich stated above at the maximum salary of $57,003 effective on October 14, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 97 APPOINTMENT PRINCIPAL MANAGEMENT ANALYST (MAX) (A &F) (ITEM NO. 49-C.C.P. OCT. 15, 2002) That Communication 49, Oct. 15, 2002 be received and filed and the permanent appointment of George J. Cotroneo stated above at the maximum salary of $63,871 effective on October 14, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 98 APPOINTMENT FISCAL SUPV. (MAX) (COM. SVS.) (ITEM NO. 51- C.C.P. OCT. 15, 2002) That Communication 51, Oct. 15, 2002 be received and filed and the provisional appointment of Catherine Sexton stated above at the maximum salary of $38,068 effective on October 9, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 99 APPOINTMENT REIMBURSEMENT SPECIALIST (INTER) (COM. SVS.) (ITEM NO. 52- C.C.P. OCT. 15, 2002) That Communication 52, Oct. 15, 2002 be received and filed and the provisional appointment of Anthony Draffin stated above at the intermediate salary of $28,186 effective on September 18, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 100 DEFINITION OF CONTINGENT PERMANENT (HR) (CCP #53 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 NOTICES OF APPT. - TEMP. /PROV. /PERM. (C. CLK.) (CCP #62 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 INCENTIVES FOR MUNICIPAL EMPLOYEES (A &F) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 103 D. SCHIEBER - CONCERNS - FIRE LT. EXAMINATION (ITEM NO. 71, C.C.P., OCT. 15, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 104 RESULTS OF NEGOTIATIONS - 1733 NIAGARA STREET (ITEM NO. 12, C.C.P., OCT. 1, 2002) (ITEM NO. 103, C.C.P., OCT. 15, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 105 BOND AUTHORIZATIONS 'RESCINDING" (ITEM NO. 9, C.C.P., OCT. 1, 2002) (ITEM NO. 102, C.C.P., OCT. 15, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 106 INCREASED APPROPRIATION - PUBLIC WORKS WATER (ITEM NO. 163, C.C.P., OCT. 15, 2002) That the Comptroller be, and he hereby is authorized to appropriate in the budget for the current fiscal year for Appropriation Allotments for Water, increased in the sum of $177,131 as more fully described in the above communication. Passed AYES -13. NOES -0. NO. 107 B. GRANT- CONCERNS - ROOSEVELT PARK (CCP #67 -OCT. 15, 02) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 108 A. BROWN -REQ. PURCHASE PKG. CITY OWNED LOT - WADSWORTH NXT TO 74 DAYS PK. (CCP #69 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 RESPONSE -PKG. LOT -20 WADSWORTH NW CORNER DAYS PARK (STRAT. PLAN.) (CCP #24 -JULY 9, 02) That the above item be and the same hereby is received and filed. ADOPTED Recommended by the Committee on Finance NO. 110 AUDIT RPT. -WATER REVENUE AUDIT (PW) (CCP #22 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 B. DAVIS - M. RIZZO - CONCERNS INSTALLATION - BUFFALO /CATHOLIC CENTER BANNERS (ITEM NO. 63, C.C.P., OCT. 1, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the above item and the same hereby is received and filed. ADOPTED. NO. 112 B. GRANT -M. FARLEY & O -REQ. RENOVATIONS TO FLOWER ST. (CCP #95 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 RENOVATIONS TO FLOWER ST. (PW) (CCP #33 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 DONATION OF VEHICLE (ITEM NO. 1, C.C.P., OCT. 15, 2002) That the Executive Director of the Buffalo Arts Commission and the Commissioner of Administration and Finance be, and they hereby are authorized to accept a 1997 Mercury Tracer (VIN #IMELM13P3VW628055) for use by the Buffalo Arts Commission. Passed. AYES -13. NOES -0. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 115 W. XUE, PETITION TO USE 1563 A/K /A 1565 HERTEL - SIDEWALK CAFE (ITEM NO. 77, C.C.P., OCT. 15, 2002) That after the public hearing before the Committee on Legislation on October 22, 2002, the petition of W. Xue, agent, for permission to use 1563 a /k/a 1565 Hertel Avenue for a sidewalk cafe with a metal railing be, and hereby is approved with the following conditions: 1 . That there be no outside music on the sidewalk cafe. 2. That there be no outside trash on the sidewalk cafe. 3. That the sidewalk cafe closes at 11:00 p.m. on weeknights. Passed. AYES -13. NOES -0. NO. 116 ORD. AMEND.- CHAPTER 133 -CITY PROPERTY (PERMITS /INSP.) (CCP#44 -SEPT. 17,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 RESPONSE TO ARCHITECTURAL SALVAGE AGREEJORD. AGREEMENT (STRAT. PLAN.) (CCP #13 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 APPOINTMENT MEMBER TO THE BUFFALO PEST MANAGEMENT BOARD (ITEM NO. 166, C.C.P., OCT. 15, 2002) That the appointment of Joseph Gardella, Ph.D., residing at 178 Admiral Road, as a member of the Buffalo Pest Management Board be, and hereby is approved. Passed AYES -13. NOES -0. NO. 119 NOTIFICATION SERIALS #9505 -9510 (PW) (CCP #21 -OCT. 15,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 SECONDHAND DEALER - 439 DELAWARE AVENUE (ITEM NO. 43, C.C.P., OCT. 1, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Charles Krasuski d /b /a French Line Antiques LLC located at 439 Delaware Avenue. Passed. AYES -13. NOES -0. NO. 121 R. FONTANA -C. PAPAJ & O -REQ. ALT. PKG. RESTRICT LIFTED -4/1 -11/15 - FULTON ST. BETWEEN VAN RENSSELAER/SMITH (CCP #67 -SEPT. 17,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 SEAS. ALT. PKG. REQ. - FULTON ST. BETW. VAN RENSSELAER ST. /SMITH ST. (PW) (CCP #35 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 D. CHERNOFF, BFLO- PLACE -ON STREET PKG. STUDY -STAFF RECOMMENDATIONS (CCP #59 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 COVERING MARTIN LUTHER KING JR. EXPRESSWAY (CCP #233 -JUNE 12,02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED CKe]LVihVi[1] 0 1 111 w d I] =kT/ 41101 :2LVi14 0 1 111 (ANTOINE M. THOMPSON, CHAIRMAN) NO. 125 APPROVAL OF CONTRACT -SALE OF LAND -421 PEARL ST. -598 MAIN ST. LLC- REDEV. -(HRG. 10/29) CCP# 9 - 10/ 15/02 That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Thompson, and the hearing is opened. CARRIED. Appearances — Maria Scinta, BURA; Mr. J. Petrella, 598 Main St., LLC Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Thompson CARRIED. Mrs. LoTempio Moved: That a document entitled "Sales and Purchase Agreement - Contract of Sale" by and. between the City of Buffalo Urban Renewal Agency and 598 Main Street, LLC and /or other legal entity to be formed, which is the proposed Agreement for the —3ale of 421 Pearl Street is hereby determined to be satisfactory. That the Chairman or Vice - Chairman is hereby directed to forward a copy of the mentioned Agreement to the Common Council of the City of Buffalo for its action, pursuant to Section 507, Subdivision 2(d) of the General Municipal Law. 598 Main Street, LLC and /or other legal entity to be formed, is hereby designated as a qualified and eligible Redeveloper in accordance with the rules and procedures adopted by this Agency. That upon approval of the above mentioned Agreement by the Common Council of the City of Buffalo, pursuant to Section 507, Subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman is hereby authorized subject to compliance with Article 15 and 15A of the General Municipal Law to execute said Agreement on behalf of the City of Buffalo Urban Renewal Agency, and the Secretary is directed to impress the Corporate Seal thereon. Passed AYES -13. NOES -0. NO. 126 SALES AND PURCHASE AGREEMENT - CONTRACT OF SALE TO 598 MAIN STREET, LLC (ITEM NO. 157, 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 Mayor, the Chairman or Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Sales and Purchase Agreement - Contract of Sale" to 598 Main Street, LLC and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. Passed AYES -13. NOES -0. NO. 127 TRANSFER OF TITLE, URBAN HOMESTEAD - 154 COLT STREET (ITEM NO. 15, C.C.P., OCT. 15, 2002) That the city -owned property commonly known as 154 Coit Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Robert R. Hoyt and Miss Christine A. Hoyt, residing at 156 Coit Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -13. NOES -0. NO. 128 TRANSFER OF TITLE, URBAN HOMESTEAD - 390 WALDEN AVENUE (ITEM NO. 17, C.C.P., OCT. 15, 2002) That the city -owned property commonly known as 390 Walden Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Mark M. Robson and Mrs. Elizabeth R. Robson, residing at 386 Walden Avenue, in the amount of S 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -13. NOES -0. EDUCATION (CHARLEY H. FISHER III, CHAIRMAN) NO. 129 C. FISHER -C. CUMMINGS -REQ. ASST. /CLARIF -EVAL. /AWARD CRITERIA- MONIT. -ELEC. SEC. SYST. (CCP #57 -SEPT. 17,02) That the above item be and the same hereby is referred to the Special Committee on Minority Business Enterprise. ADOPTED NO. 130 C. FISHER -C. CUMMINGS -REQ. ASST. /CLAR. -EVAL. /AWARD CRITERIA- MONIT. -ELEC. SEC. SYST. (BD. ED.) (CCP #52 -OCT. 1, 02) That the above item be and the same hereby is referred to the Special Committee on Minority Business Enterprise. ADOPTED NO. 131 INFO. CIMINELLI CONST. CO. (CP) (CCP #20 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 INFO. CIMINELLI CONST. CO. (BD. ED.) (CCP #54 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED I-11:2x ] /e1SK Lihil11 i94 *1 MINORITY BUSINESS ENTERPRISE COMMITTEE (CHARLEY H. FISHER III, CHAIRMAN) NO. 133 A. THOMPSON -FOIT ALBERT ASSNJJAMES MGMT. -ENV. ASSESS. /MIN. PART - DIGNITY VILLAGE (CCP #77 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 134 By: Mr. Coppola STAFFING PROBLEMS IN CITY COMPTROLLER'S OFFICE. Whereas: It is no secret that City of Buffalo has lost many employees over the last 10 years to either retirements or promotions; and Whereas: Many of those have left their position for higher pay, better health benefits, or other benefit related issues; and these employees were qualified and valuable to the operation of city government; and Whereas: Many positions that were held required the employee to be highly specialized in his /her area of expertise and have a significant educational and historical background for employment; and Whereas: Many of these positions exist in, but are not limited to, the City of Buffalo's Comptroller Office and the various divisions within; and Whereas: Over 300 years of combined experience has been lost in the Comptroller's Office for various reasons, most of which were for better pay, better benefits, and /or more job security; and Whereas: Due to financial reasons the City of Buffalo has not acted accordingly enough to retain , replace, or gain the amount of qualified personnel to occupy some of these most important and highly specialized positions; and Whereas: With the current financial state of the city, as well as the state and federal government, a lack of adequate and qualified personnel in our comptroller's office is unacceptable and irresponsible. Now Therefore Be It Resolved, That the Common Council of the City of Buffalo request that the City Comptroller and the Commissioner of Administration and Finance file their respective responses to this resolution with the City Clerk on or before November 26, 2002, and Be It Further Resolved, That these responses include recommendations for solving the staffing problems, as well as a strategy to implement the same. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMPTROLLER AND COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 135 BY: MR. COPPOLA SALARY ORDINANCE AMENDMENT 14- ADMINISTRATION & FINANCE 1075 - PARKING VIOLATIONS 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 14 - Department of Administration and Finance, 1075 - Parking Violations, which currently reads: 1 Stenographer $24,440 - $27,120 5 Junior Traffic Clerk $23,950 - $26,506 Is hereby amended to read: 1 Senior Stenographer $25,567 - $28,663 1 Sr. Account Clerk Typist $25,567 - $28,663 4 Junior Traffic Clerk $23,950 - $26,506 EVA M, HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE 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 MICHAEL B. RISMAN CORPORATION COUNSEL REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 136 By: Mr. Fisher SET POLICY ON RETAINING PUBLIC ACCESS FOR WATERFRONT PROPERTIES SOLD BY THE CITY OF BUFFALO Whereas: In 1996 and 1997, the Common Council had considerable debate on the concept of retaining public access when waterfront properties are sold by the City of Buffalo; and Whereas: On March 18, 1997, the Council adopted "City -Owned Waterfront Property" - C.C.P. # 190 - OCT. 29, 1996, which required as a condition of the sale of City -owned land, for the City to hold title to or retain an exclusive easement for, a one hundred foot wide public access strip of the land along the water's edge; and Whereas: At the April 1, 1997 Common Council meeting, the Council sustained the Mayor Masiello's veto of this resolution, which he contended might "discourage future development and derail current waterfront projects "; and Whereas: Also, on the agenda of the April 1, 1997 meeting, the Commissioner of Community Development filed a compromise plan, which stated: "as a condition of sale for any city -owned waterfront land, the city shall hold title to or retain an exclusive easement along the full length of the parcel's waterfront edge for public use and enjoyment;" and Whereas: The Council received and filed this item, under which the City Planning Board was to reserve between 25 and 100 feet of public access space based on balancing the ecological, public access and economic development issues associated with each site; and Whereas: The Department of Community Development no longer exists, and since the Council received and filed this item rather than adopting it, there is some question as to whether this is the current policy of the City of Buffalo; and Whereas: It is important for the City to have strong policies that respond to the near unanimous sentiment for more public access to the Buffalo waterfront; Now, Therefore, Be It Resolved That: This Common Council hereby adopts the following policy: As a condition of the sale or lease of any City of Buffalo or BURA -owned waterfront land, the city shall hold title to or retain an exclusive easement along, the full length of the parcel's waterfront edge for public use and enjoyment. An area of 100 feet in width, measured from the mean water line, is to be reserved. Appeals regarding the width of the public access area shall be heard by the Common Council. The Council may reduce the public access area by the minimum amount necessary when the public interest requires such a reduction. In no case shall the width of the public access area be reduced to less than 50 feet. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMPTROLLER, THE DIRECTOR OF STRATEGIC PLANNING, THE ENVIRONMENTAL MANAGEMENTAL COMMISSION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL. NO. 137 By: Mr. Fontana REQUEST FOR ADDITIONAL REHABILITATION HOUSING AID: Whereas: Buffalo's Housing Stock is some of the oldest in the Country; and Whereas: Buffalo is a City that is rich in architectural heritage and has many homes of significance and many craftsman style homes; and Whereas: As these homes reach sixty to one hundred plus years of age they are increasingly in need of repair dollars to keep these homes viable; and Whereas: The current resources allocated to the City of Buffalo are insufficient to properly address the rehabilitation needs of the Cities homes; and Whereas: In addition to rehabilitation programs offered to low income homeowners the City is receiving many requests for aid from middle income homeowners who are in need of assistance to properly rehabilitate their homes; and Whereas: Investments into the City's housing stock protects the City's tax base and offers choices for new homebuyers to purchase homes in the City of Buffalo; and Therefore, Be It Resolved: That the Common Council request additional aid for homeowners in need of home rehabilitation; and Therefore Be it Finally Resolved: That Certified Copies of this resolution be sent to our local Congressional Delegation, our local State Delegation, Governor George E. Pataki, and President George W. Bush. ADOPTED. NO. 138 BY: MR. FRANCZYK & MS. GRAY EXPAND RADIUS OF PROTECTION TO HISTORIC BUILDINGS WHEREAS- The City of Buffalo has enacted historic preservation ordinances to protect historic or architecturally significant properties in order to "preserve, protect, perpetuate and utilize landmarks, landmark sites, historic districts, neighborhoods, areas, places, buildings, structures and improvements which have a distinctive character or are of historic, aesthetic, architectural, or cultural interest or value to this city, state or nation," and; WHEREAS: Notwithstanding the city's commitment to preservation, the relevant ordinances need to be broadened and strengthened to protect potentially important structures immediately adjacent to an already land marked building or property. This action would enhance public appreciation for the designated properties as well as mitigate negative effects around them, and, WHEREAS: Recently, a rooming house adjacent to the Michigan Avenue Baptist Church, was granted a demolition permit in violation of state law which requires a SEQR review of demolition permit applications for structures near buildings on the National Register of Historic Places; and, WHEREAS: State Law, however, does not mandate review of properties adjacent to duly designated local landmarks which are not on the National Registry of Historic Places but merit protection nevertheless; and, WHEREAS: In order to close the loophole, the powers and duties of the Buffalo Landmark and Preservation Board need to be expanded to allow review and oversight over properties or structures that contribute to the neighborhood environment and are adjacent to or relate to an historic structure that may be both a local and /or National Register Landmark; and, WHEREAS: Since the Preservation Board has clear jurisdiction in regards to demolitions within Preservation Districts or local landmarks, its radius of oversight should be minimally consistent with Planning Department recommendations of 300 feet from the local landmark, the same distance also required for citizen notification for zoning changes; now, THEREFORE BE IT RESOLVED: That Section 337 -5, Powers and Duties, Paragraph F of the Standards of the City of Buffalo preservation ordinance be amended to add the following text illustrated in boldface: "To approve or disapprove certificates of no effect, certificates of appropriateness or certificates of exception for the erection, alteration, restoration, renovation, relocation, demolition, or site improvement of any landmark, landmark site, any building, structure or site within an historic district, abutting or within a three hundred foot radius of a local historic site, preservation district or local historic landmark, properties that are U.S. National Historic Landmarks, properties listed on the National Register of Historic Places, U.S. National Historic Districts, or U.S. National Thematic Districts when and exterior of such property would be affected." BE IT FINALLY RESOLVED: That the city Law Department prepare the ordinance amendment to form incorporating the above language. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CCRPORATION COUNSEL AND THE DIRECTOR OF INSPECTIONS AND PERMITS NO. 139 BY: MR. FRANCZYK & MS. GRAY STRENGHTEN LAW TO CURB DEMOLITION OF HISTORIC BUILDINGS WHEREAS: The City of Buffalo adopted Preservation Standard ordinances to preserve and protect buildings and landmarks which significantly contribute to the city's historic, aesthetic and cultural heritage, and, WHEREAS: The Buffalo Landmark and Preservation Board has been empowered to intervene in and review any proposed demolition within a preservation district or of land marked building through the issuance of certificates of no effect, appropriateness or exception in regards to the specific structure affected; and, WHEREAS: City Preservation ordinances need to be strengthened, as evidenced by recent attempts to demolish the land marked Italianate Squire Mansion at 1313 Main Street and other structures; and, WHEREAS: Apparently, a pre - demolition asbestos removal permit was issued for 1313 Main, which did not trigger an automatic review by the Preservation Board, although Article V, Section 337 -27 of the Preservation Ordinance mandates that notice of an Emergency Order of Demolition shall be given to the Preservation Board, giving the Preservation Board ten days to respond- and, WHEREAS: The issuance of a pre - demolition permit, particularly as it relates, to asbestos removal, can effectively circumvent the Preservation Ordinance insofar as the language in Sec. 337 -16 Part A speaks to "building permit," without including - specific language for "pre- demolition" permit; and, WHEREAS: Although the city does not in any way wish to needlessly hold up an emergency demolition, or delay a proper demolition to alleviate blight or dangerous conditions, a more detailed, systematic methodology is needed to review requests for demolition permits in order to protect structures which may be historically; to include the following text in boldface, inserted after the last sentence in section A: In addition, a certificate and building permit will be required for any pre - demolition asbestos removal work or removal work of any materials now or in the future deemed hazardous, to be performed on any structure which is a landmark, part of a landmark site or which is located in an historic district. BE IT FURTHER RESOLVED: That the city law department submits to form an ordinance amendment reflecting the changes outlined above in bold to Chapter 337 -16 of the Buffalo Preservation ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 140 BY: MR. FRANCZYK & MS. GRAY WIDEN PRESERVATION STRATEGY WHEREAS: The City of Buffalo has expressed an intent to widen its commitment to historic preservation as an important tool to protect and promote the city's rich architectural and cultural heritage; and, WHEREAS: Historic preservation not only protects the best of Buffalo's past for the benefit of its citizens, but it can be the central catalyst for the development of historic preservation cultural tourism as an important economic development strategy; and, WHEREAS: Mayor Masiello and the Department of Strategic Planning have announced a - three - pronged preservation strategy based on a study of similar initiatives in Pittsburgh, including the (1) Creation of a comprehensive land use and management plan; (2) Development of a Strategic Investment Fund to leverage money for preservation projects; arid, (3) Creation of a preservation agenda through networking with local preservation organizations; and, WHEREAS: In addition to these initiatives, the city should also entertain the following proposals to augment its historic preservation campaign: (1) Creation of an Office of Historic Preservation /Cultural Tourism within the Department of Strategic Planning. The office need not be an added expense to the city budget, but should be utilized from within staff in the appropriate department. The office would be responsible for historic preservation planning and promotion and network with all relevant city departments, particularly the Buffalo Landmark and Preservation Board and appropriate community organizations. The office would also coordinate and develop cultural tourism initiatives for Buffalo. (2) Select personnel in the Department of Permit and Inspections Services should receive mandatory work shop study sessions conducted by the Buffalo Landmark and Preservation Board in matters pertaining to historic preservation, particularly in regards to demolitions; (3) The Department of Strategic Planning, preferably thorough a newly created Office of Historic Preservation /Cultural Tourism, should conduct or renew surveys of "forgotten" or neglected neighborhood buildings, churches, business strips, etc., which may have historic merit and can be readapted to a new, productive use, but are threatened with deterioration or demolition. Recently, for example, the city has begun the demolition of 19 —h and early 2oth century commercial buildings on William Street without a survey (of these buildings or an analysis of their significance. Similar surveys have been conducted in the recent pass by Office of Strategic Planning personnel. NOW THEREFORE BE IT RESOLVED: That the city incorporate the three initiatives outlined above as part of its preservation strategy; and BE IT FURTHER RESOLVED: That the Department of Strategic Planning, Buffalo Landmark and Preservation Board, community preservation organizations and. other interested parties be invited to participate in developing these and other ideas as they relate to historic preservation and cultural tourism. REFERRED TO THE COMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE CORPORATION COUNSEL, AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 141 BY: MR. GOLOMBEK DISCUSS TERM LIMITS FOR ELECTED OFFICIALS Whereas: During the last two decades the subject of term limits for elected officials has been brought up at every level of government, and Whereas: The City of Buffalo, now more than ever before, must consider any and all reforms necessary to create an environment conducive to its prosperity, and Whereas: Currently forty states have gubernatorial term limits, twenty -one states also limit terms for state legislators, nearly three thousand cities, towns and counties have term limits, additionally eight of the ten largest cities in the United States have term limits; and Whereas: Deliberations on the subject of term limits should included the offices of the Mayor, Councilmember and Comptroller, and Now, Therefore, Be It Resolved: That this Honorable Body refers this item to a committee to begin the discussion of the benefits and hazards of term limits for elected offices in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO, PITTS -8. NOES - DAVIS, FISHER, GRANT, GRAY & THOMPSON-5. NO. 142 BY: MR. GOLOMBEK MCKINLEY HIGH SCHOOL PROJECT FEES Whereas: The students of McKinley Vocational High School, in conjunction with the Construction Industry Education Foundation, are putting the final touches on the second home they have built for placement in the City of Buffalo, and Whereas: The Common Council approved a waiver for permit fees related to the first house. That house is located at 660 Sycamore Street, and Whereas: The house is to be placed at 48 Doyle Ave. The former site of a reported "crack house" that was demolished by the City of Buffalo, and Whereas: This type of neighborhood based redevelopment is key to the stabilization of the City of Buffalo. Now, Therefore, Be It Resolved: That this Common Council waives all fees associated with the completion and placement of the 48 Doyle Street - McKinley Vocational High School house. PASSED. AYES -13. NOES -0. NO. 143 BY: MRS. GRANT Casino Gambling in the Downtown Area Whereas: The Seneca Nation has expressed an intention to locate a. gambling casino in one of several potential downtown locations including the Statler Building; and Whereas: The Statler Building is only a few hundred yards away from Niagara Square, the busiest square in Buffalo, and many office: buildings including: City Hall, County Hall, several City, County, and State Court Houses, Police and Fire Headquarters and the Die County Holding Center; and Whereas: The location of a gaming casino in the Statler Building will only add to already established traffic congestion with the addition of chartered buses and taxis dropping off gamblers; and NOW, THEREFORE BE IT RESOLVED: An environmental impact study be done to determine if there is a negative impact to a casino being built so close to the seats of city and county governments and other governmental and private! enterprise businesses and also a study be done that weighs the city's share of 1/4 of 25% of total revenue generated against the loss of additional police protection, loss of property taxes, wear and tear of the city's infrastructure and cost incurred associated with anti - gambling counseling and other social safety net intervention programs. NOW, BE IT FURTHER RESOLVED: This honorable body hold a series of Common Council and community meetings to gather input from the residents of the city, collect statistical data from the professionals before it sends a formal recommendation to the Federal Government and the Bureau of Indian Affairs. BE ITFINALLY RESOLVED: Copies of this resolution be sent to the Western New York Delegation of State Officials, Congressional Representatives, The Bureau of Indian Affairs and leadership of the Seneca Nation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 144 By: Mrs. Grant TRANSFER OF FUNDS GENERAL CITY CHARGES - TAX ADJUSTMENT LAW DEPARTMENT - OTHER SERVICES 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 $20,000 be and the same is hereby transferred from Police - Legal Services and said sum is hereby reappropriated as set forth below: From: Police 12,020006 - 432003 Legal Services $20,000 To: Law Department 10546006 - 432003 Legal Services $20,0000 PASSED. AYES -13. NOES -0. NO. 145 BY: MR. THOMPSON SALE OF CITY OWNED PROPERTIES Whereas: The City of Buffalo has acquired numerous vacant lots, commercial and residential properties in the City of Buffalo that are currently not contributing to the tax base of the City; and Whereas: The City of Buffalo takes title to numerous pieces of property for industrial, commercial and neighborhood development; and Whereas: The City of Buffalo has an In -Rem sale but the City of Buffalo does not have an auction process to sell non -tax foreclosed properties or properties the City has taken title to that has no industrial, commercial or neighborhood development purposes; and Whereas: Many of these properties are a constant eyesore for the neighborhood. These properties are not regularly kept up by the City and are sites for continuous dumping resulting in discouraging feeling and attitudes towards City Administration and functions; and Whereas: Responsible tax - paying homeowners of rental units as well as others interested in property acquisition, can not acquire empty lots or property through Homesteading nor In -Rem sales; Now Therefore Be It Resolved: That the Office of Strategic Planning develop a process for a yearly sale of non - foreclosed City property that has no Industrial, neighborhood or commercial development. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 146 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 MARY A. HANKERSON By Councilmember JAMES PITTS AND CHARLES MICHAUX III Felicitation for DEACON AMOS BANKS CHAPEL By Councilmember JAMES PITTS AND CHARLES MICHAUX III Felicitation for DONETTE RUFFIN By Councilmember JAMES PITTS, ANTOINE THOMPSON, BRIAN DAVIS, BETTY GRANT, CHARLIE FISHER III AND BEVERLY GRAY ADOPTED. NO. 147 BY: MR. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: MALONEY, CHRISTINE L. Total: 1 ADOPTED NO. 148 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1 h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wednesday, November 6,2002 at 9:30 o'clock A.M. Committee on Finance Wednesday, November 6, 2002 at 10: 00 o'clock A.M. following Civil Service Committee on Legislation Wednesday, November 6, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Thursday, November 7. 2002 at 10:00 o'clock A.M. Committee on Education Thursday, November 7, 2002 at 2:00 o'clock P.M. Special Committees Reapportionment Thursday, October 31, 2002 at 9:00 o'clock A.M. in the Council Chambers. Community Development Public Hearing- Casino Gaming Monday, November 4, 2002 at 6:00 o'clock P.M. at the Museum of Science. Taxicab /Liveries Ad Hoc Thursday, November 7, 2002 at 11:00 o'clock A.M. in Room 1417 City Hall. Budget Friday, November 8, 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 up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 149 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the Council adjourned at 4:12 p.m. CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #9 Office of the Mayor -201 City Hall October 24, 2002 Present:; Eva Hassett, Deputy Mayor; Frank Belliotti, Deputy Comptroller; Jeffrey Reed, Assistant Corporation Counsel -3 Absent: None 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 October 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 -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 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 -3. Noes -0. NO. 3 On motion by Mr. Reed, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:45 a.m.