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HomeMy WebLinkAbout02-1015No. (19) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 15, 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 15, 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. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 1, 2002 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 DONATION OF VEHICLE This office respectfully requests your Honorable Body approve acceptance of a vehicle (vin# IMELM13P3VW628055) donated by Paul Granville, 4790 Sheridan Drive, to the City of Buffalo Arts Commission. The 1997 Mercury Tracer is in good condition. The car will be used during regular city business hours and for arts and cultural events on evenings and weekends. The car may be taken to the residence of the Executive Director, David Granville (32 Park St.), where it may be stored when not in use. The Executive Director will also be responsible for purchasing gas for the vehicle. REFERRED TO THE COMMITTEE ON FINANCE FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE AKA HELP LINE SEPTEMBER, 2002 Dear Members of Buffalo's Common Council: Attached for your review is a report of service calls received by the Division of Citizen Services for September, 2002. Calls for the month were dramatically down (33 %), compared to August 2002. Categories above the average decrease were police calls, high grass on city lots (down 71 %), forestry, refrigerator pick -ups, garbage, broken totes, stolen totes and user fee calls. Three categories had increases - rodents call (I 9to3 1), abandoned cars and adjudication complaints. This month, October 2002, is a user fee billing month, so we will experience an increase in over all calls, due to calls relating to user fee bills. Lastly, as summer ends, the service calls reflected timely responses to request ft services in all categories. Although rodent calls increased, they are still relatively low when compared to the pre -tote garbage pick -up era. Sincerely, ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 URBAN RENEWAL PLAN MICHIGAN STREET PRESERVATION AREA PLANNING BOARD REPORT AND RECOMMENDATION 7/23/2002, C.C.P. NO. 140 The City Planning Board at its meeting of September 24, 2002 adopted the following resolution recommending that the Common Council approve the Michigan Street Preservation Area Urban Renewal Plan. City Planning Board Recommendation Michigan Street Preservation Area Urban Renewal Plan Adoption Ms. Swartz offered the following resolution, seconded by Mr. Morrell, and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15 of the General Municipal Law of New York State, do this 24th Day of September, 2002 adopt the following resolution: WHEREAS, the Common Council of the City of Buffalo designated the Michigan Street Preservation Area, consisting generally of all that tract of land situated in the City of Buffalo within the area generally bounded by the street centerline of Nash Street on the cast, the street centerline of William Street on the south, the street centerline of Elm Street on the west, and the street PROCEEDINGS centerline of Broadway on the north, as a substandard, unsanitary area which tends to impair and arrest the sound growth and development of the municipality, and designated. the Area as being appropriate for urban renewal treatment on July 23, 2002, C.C.P. No. 140; and WHEREAS, the proposed Michigan Street Preservation Area Urban Renewal Plan provides for the systematic, long term, preservation, restoration, and revitalization of this historically significant area; and WHEREAS, the proposed Urban Renewal Plan will aid in the stabilization of local real property values and local property tax rolls, and will provide a framework for public and private reinvestment within the area; and WHEREAS. The proposed Urban Renewal Plan generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on September 24, 2002 at 8:15 a.m., at which hearing the proposed Urban Renewal Plan was presented and explained in detail, and those desiring to be heard were heard, NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Michigan Street Preservation Area Urban Renewal Plan, and that we hereby recommend that the plan be approved and adopted by your Honorable Body; and BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, that the office preparing an Urban Renewal Plan must submit the proposed plan to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board recommendation. AYES: Messrs Berg, Lyons, Gioia, Morrell, Ms. Swartz, Ms. Hoyt NOES: None ABSENT: Mr. Burns REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 4 RIVERSIDE BAPTIST CHURCH 346 ONTARIO ST. PARKING LOT ADDITION ITEM NO. 78, C.C.P. 10/1/2002 The City Planning Board at its regular meeting held Tuesday, October 8, 2002, considered the matter captioned above pursuant to Section 511 -98 of the Buffalo Code, restricted parking lots in 11 R11 districts. The applicant seeks to enlarge an existing parking lot with the addition of 17 vehicle Parking spaces at 346 Ontario Street. Under SEQR the proposed parking lot is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the parking lot addition with the conditions set forth with the design and site plan approval. RECEIVED AND FILED NO. 5 CALVARY BAPTIST CHURCH 35 E. PARADE CIR. ACCESSORY SIGN ITEM NO. 79, C.C.P. 10/1/2002 The City Planning Board at its regular meeting held Tuesday, October 8, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 51x101x9l' ground 11ID11 sign at 35 E. Parade Circle. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. After suggesting that sign should be of a smaller scale and that the applicant needs to have Zoning Board of Appeals approval the Planning Board voted to communicate no objection decision to the Common Council and the ZBA. RECEIVED AND FILED NO. 6 P. & C. GALLO 765 ELMWOOD AVE. SIDEWALK CAFE ENCROACHMENT ITEM NO. 49, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 30, 2002, considered the matter captioned above pursuant to Section 413 -59 and 511 -56 of the Buffalo Code, Sidewalk cafes and Elmwood Avenue Business District, respectively. The applicant seeks to encroach the right -of -way with a 151x8.51 sidewalk cafes in front of the business located at 765 Elmwood Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk cafe with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash recepticles RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 7 RESULTS OF BID SKYWAY THRUWAY LOOP PARCEL #5 155 WASHINGTON ST. The existing three -year lease for the above two surface lots is about to expire. The Board of parking advertised for new three -year leases on September 23, 2002. Bids were received on October 9, 2002 and publicly opened at 11:00 am in 1801 City Hall. The results are as follows: Skyway Thruway Loop Parcel # 5 (former rental $152,904) Bidder Annual Rental ProPark, LLC $148,148 465 Main Street - Suite 150 Buffalo, NY 14203 Skydeck Corp. $156,110 257 Franklin St Buffalo, NY 14202 Allright Parking Buffalo Inc. $160,000 (increasing 2% or One Statler Towers CPI whichever is less annually) Buffalo, NY 14202 155 Washington Street - Thruway Lot IA (former rental $30,120) Skydeck Corp $39,110 257 Franklin St. Buffalo, NY 14202 Allright Parking Buffalo Inc. $45,000 (increasing 2% or One Statler Towers CPI whichever is less annually) Buffalo, NY 14202 The Board of Parking recommends the bids of Allright Parking Buffalo Inc., as the highest responsible bidder be accepted in the amount of $160,000 for Skyway Thruway Loop Parcel 45 and $45,000 for 155 Washington street Thruway Lot IA. (increasing 2% or CPI whichever is less annually) Mrs. LoTempio moved: That the above communication from the Department of Parking dated October 10, 2002, be received and filed; and That the Chairman of the Board of Parking, be, and he hereby is authorized to award contracts, to Allright Parking Buffalo Inc., the highest responsible bidder, for the Skyway Thruway Loop Parcel #5 in the amount of $160,000 and for 155 Washington Street Thruway Lot IA for $45,000 (increasing 2% or CPI whichever is less annually). PASSED AYES — BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON - 12 NOES — PITTS -1 FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 MICHIGAN STREET PRESERVATION AREA URBAN RENEWAL PLAN JULY 23, 2002, C.C.P. NO. 140 It is with pride and most hopeful expectations that we present for your review and consideration the attached copy of the "Michigan Street Preservation Area Urban Renewal Plan " The Michigan Street Preservation Area was found to suffer from conditions of spreading slum and blight and was formally designated for urban renewal treatment by the Common Council of the City of Buffalo on July 23, 2002, C.C.P. No. 140. This Urban Renewal Plan initiates the process of establishing a long -range framework plan for the preservation, restoration and adaptive reuse of the project area's significant cultural resources and historic properties. The plan features the establishment of a new multi -use cultural and visitor" s complex, which celebrates the historic contributions of the African - American community to the rich tapestry of Buffalo. The plan will integrate existing Freedom Trail historic resources with new entertainment venues and new cultural facilities, including the adaptive reuse of the historic Nash House as an African - American Genealogical Center. The City Planning Board has approved the Urban Renewal Plan, after conducting a Public Hearing, as required by General Municipal Law, and the Planning Board's "Report and Recommendations" relative to the Plan appears on the Common Council Agenda of October 15, 2002. The Office of Strategic Planning, therefore, recommends your approval and adoption of the Plan, and respectfully requests that you authorize the City Clerk to advertise a Notice of Public Hearing, and that your Honorable Body schedule a Public Hearing for the Plan to be held on Tuesday, November 12, 2002. We have attached for your consideration and approval an appropriate draft Notice of Public Hearing and a draft Resolution scheduling the hearing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 APPROVAL OF CONTRACT FOR SALE OF LAND 421 PEARL STREET - 598 NIAIN STREET, LLC — REDEVELOPER (HRG 10/29) The Agency has determined that the proposed Sales and Purchase Agreement - Contract of Sale negotiated by the Agency and 598 Main Street, LLC is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents - 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Agreement 4. Proposed Sales and Purchase Agreement - Contract of Sale After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 ABANDONMENT AND SALE OF 707 WASHINGTON, NORTH COMER OF TUPPER FORMER FIRE STATION ITEM NO. 117, C.C.P. 7/23/02 In the above referenced Rem Your Honorable Body approved the sale of 707 Washington to Printing Prep, Incorporated in the amount of Two Hundred Ten Thousand Dollars ($210,000.00). An inspection of the property was conducted on August 6th between the proposed purchaser and the Division of Real Estate. During that inspection we discovered approximately 18" of water in the basement, due to the failure of the two commercial sump pumps. The pumps failure was due to oil in the sump pump pits. A commercial contractor was called in by the purchaser, and agreed to by the Division of Real Estate, to dean out the pits and replace the two pumps at a cost of Three Thousand Four Hundred Dollars ($3,400.00). The boiler for the building's heating system was also permanently damaged having been submersed in water for a long period of time. The department of Public Works has advised that the boiler needs to be replaced. Two estimates have been received for the boiler replacement. One estimate from J & S Mechanical has estimated replacement at Thirteen Thousand Five Hundred Dollars ($13,500.00) and M J Mechanical Services has estimated replacement at Thirteen Thousand One Hundred Thirty -Nine Dollars ($13,139.00.) The purchaser has agreed to split the cost of the pump replacement, clean up and boiler replacement. Total costs were Sixteen Thousand Five Hundred Forty Dollars ($16,540.00) divided by two (2) equals Eight Thousand Two Hundred Seventy Dollars ($8,270.00), which will be deducted from the sale price of the property. Therefore, I am recommending that Your Honorable Body approve a reduction in the sale price of the property in the amount of Eight Thousand Two Hundred Seventy Dollars ($8,270.00) from the original amount of Two Hundred Ten Thousand Dollars ($210,000.00). The adjusted sale price would be Two Hundred One Thousand Seven Hundred Thirty Dollars ($201,730.00). Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated October 8, 2002 be received and filed; and That the City of Buffalo does hereby approve a reduction in the sale price of 707 Washington Street in the amount of Eight Thousand Two Hundred Seventy Dollars ($8,270.00) from the original amount of Two Hundred Ten Thousand Dollars ($2 10,000.00) for an adjusted sale price of Two Hundred One Thousand Seven Hundred Thirty Dollars ($201,730.00). PASSED AYES -13 NOES -0 NO. 11 HUD CDBG FISCAL YEAR 2003 ALLOCATION Dear Members of the Common Council: Attached for your information is a copy of a communication from HUD Assistant Secretary Roy A. Bernardi to Mayor Anthony Masiello regarding the allocation of CDBG funds for Fiscal Year 2003. The City of Buffalo has been informed by HUD that it may lose 8.4 percent of its FY2002 (Year 28) funding, or about $1,825,000. This reduction in funding is expected to have an impact on the Year 29 Consolidated Plan. Attachment REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND HOUSING AND URBAN DEVELOPMENT NO. 12 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE OF 1835 NIAGARA, 148.70 SOUTH OF AMHERST LOT SIZE: 33'X 99 ASSESSED VALUE: $6,500 1837 NIAGARA, 6 V SOUTH OF AMHERST LOT SIZE: 87'X 99 ASSESSED VALUATION: $17,200 1847 NIAGARA, 33 - SOUTH OF AMHERST LOT SIZE: 28'X 99 ASSESSED VALUATION: $5,500 ITEM NO. 99, C.C.P. 9/17/02 Pursuant to Item No. 99, C.C.P. 9/17/02 Your Honorable Body authorized the abandonment and sale of 1835, 1839 & 1847 Niagara Street to Community Services for the Developmentally Disabled, Inc., 452 Delaware Avenue, Buffalo, New York 14202. The Community Services for the Developmentally Disabled, Inc. would like to acquire the above captioned properties; in order to build certified housing for the developmentally disabled. The request has been reviewed by the Dept. of Public Works, City Planning Board, Dept. of Inspections and Division of Collections. There are no objections to the sale. An independent appraisal of the property was conducted by Alexander Vilardo of Northeastern Appraisal Consultants Inc. He has estimated the value of the property to be Twenty -One Thousand Dollars ($21,000.00). The appraisal report has been reviewed by the Appraisal Review Board. They are in agreement with the Appraiser's estimate of value and recommend a sale price of Twenty -One Thousand Dollars ($21,000.00). The Community Services for the Developmentally Disabled, Inc. has agreed and is prepared to pay Twenty -One Thousand Dollars ($21,000.00) for said properties. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of the 1835, 1839 & 1847 Niagara Street to Community Services for the Developmentally Disabled, Inc. in the amount of TwentyOne Thousand Dollars ($21,000.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the Executive Director of Strategic planning be and he hereby is authorized to sell 1835, 1839 and 1847 Niagara Street to Community Services for the Developmentally Disabled. Inc. the sum of twenty one - thousand dollars ($21,000.00) plus costs, taxes, and fees. That the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to create the same. PASSED AYES - 13 NOES -0 NO. 13 RESULTS OF NEGOTIATIONS 944 EAST DELAVAN, WEST CORNER CORNWALL VACANT LOT: 66'X 120' ASSESSED VALUATION: LAND $ 15,600 IMPROVEMENT $23,600 TOTAL $ 39,200 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 944 East Delavan Avenue from Mr. Bruce A. Ikefugi, attorney at law for Mr. Willie E. Johnson, 46 Race Street, Buffalo, New York 14207 Mr. Johnson intends to rehabilitate the building and operate a self -owned welding shop. Mr. Johnson has been a holdover /tenant in the building since November 1, 1999. The subject property is a commercial building, one story repair shop, acquired by the City of Buffalo through a tax foreclosure in 1999, situate on a lot: 65' x 120', in poor to fair condition. The purchaser has provided the Division of Real Estate with a plan to rehabilitate the building and proof of financial ability to complete the purchase and repairs. The Division of Permits and Licenses and the Division of Collections have no objections to the sale. There are no outstanding code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by John Zukowski, appraiser, Arrow Appraisal Service, 40 Gardenville Parkway West, Buffalo, New York. He has estimated the value of the parcel to be Seventeen Thousand Dollars ($17,000). The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Four Dollars and Fifty Cents ($4.50) to Fifteen Dollars and Thirty -Five Cents ($15.35) per square foot building area. The results of our negotiations are that Mr. Willie E. Johnson has agreed and is prepared to pay Fifteen Thousand Dollars ($15,000) or Seven Dollars and Seventy Cents ($7.70) 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 944 East Delavan Avenue to Mr. Willie E. Johnson 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 sell 944 East Delavan Avenue to Mr. Willie E. Johnson in the amount of Fifteen Thousand Dollars ($15,000.00) plus costs, taxes and fees. That the Corporation Counsel prepare the necessary document,- for the transfer of title and that the Mayor be authorized to create the same. PASSED AYES — 13 NOES - 0 NO. 14 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 331 BOX (CITY OWNED- VACANT LOT, 30' X 118') The Office of Strategic Planning has surveyed the city -owned vacant lot at 331 Box Avenue, Buffalo New York 14211, parcel is 30' x 118' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. J_. P. Hawkins residing at 325 Box Avenue has recently purchased 329 Box Avenue from the City. He indicated he will clean, improve and maintain 331 Box Avenue in the event he obtains title to the property under the Urban Homestead Program. The Division of Permit and Inspections and Division of Collections have been contacted. There are property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Mr. J.P. Hawkins on the condition that the property is cleaned and maintained in a sanitary manner. Mrs. LoTempio moved: That the Exeunt -, e City owned vacant lot known as 331 Box A -, Avenue be and hereby is designated as Homestead Property and be transferred to Mr. J. P. Hawkins —n the condition that the property is cleaned and improved within 6 months and maintained in a sanitary manner. PASSED AYES- 13NOES -0 NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 154 COLT (CITY OWNED- VACANT LOT, 30' X 108') The Office of Strategic Planning has surveyed the city -owned vacant lot at 154 Coit Street, Buffalo, New York 14206, parcel is 30' x 108' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Robert R. Hoyt and Miss Christine A. Hoyt residing at 156 Colt Street indicated they will clean, improve and maintain the lot in the event they obtain title to the property under the Urban Homestead Program. The Division of Permit and Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Robert R. Hoyt and Miss Christine A. Hoyt on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 14 REX (CITY OWNED- VACANT LOT, 32' X 150') The Office of Strategic Planning has surveyed the city -owned vacant lot at 14 Rex Street, Buffalo. New York 14211, parcel is 32' x 150' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Mary Emma Sharp residing at 18 Rex Street indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Pen -nit and Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Mary Emma Sharp on the condition that the property is cleaned and improved within (6 months and maintained in a sanitary manner. Mrs. LoTernpio moved: That the Executive City owned vacant lot known as 14 Rex Street be and hereby is designated as Homestead Property and be transferred to Ms. Mary Emma Sharp on the condition that the property is cleaned and improved within 6 months and maintained in a sanitary manner. PASSED AYES- 13 NOES -0 NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 390 WALDEN (CITY OWNED- VACANT LOT, 40' X 119') The Office of Strategic Planning has surveyed the city -owned vacant lot at 390 Walden AVC11 LI Buffalo, New York 14211, parcel is 40' x 119' in dimension; and it has been determined that this parcel inappropriate for either the construction of new housing or needed for public purposes. Mr. Mark M. Robson and Mrs. Elizabeth R. Robson residing at 386 Walden Avenue indicated they clean, improve and maintain the lot in the event they obtain title to the property under the Urban Homestead Program. The Division of Permit and Inspections and Division of Collections have been contacted. There are n property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and transferred to Mr. and Mrs. Robson on the condition that the property is cleaned and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 REQ. BETTER MAINT /DREDGING- SCAJACQUADA CREEK/ HOYT LAKE ITEM NO. 148, C.C.P. SEPTEMBER 17, 2002 The Environmental Management Commission looks forward to working with the Council and other entities to fully retain good aesthetic and environmental quality in and around Hoyt Lake. It thanks the Council for a chance to make initial comment. It will welcome the opportunity to meet with the Council and involved parties regarding the Lake and Scajacquada Creek. A number of years ago, utilizing State and federal grants, the City implemented very substantial work to restore and protect water quality in the Lake, It was understood then that even the expensive project implemented would not automatically assure aesthetic and water quality at the Lake and bypass. Success was going to require, 1) adequate maintenance of the project by the City and, 2) proper protection of Scajacquada Creek upstream. The maintenance was to have included appropriate attention to the trash rack in the Creek, to the wells for refreshing the Lake, and to dredging both Lake and Creek. Upstream, it was seen that Scajacquada Creek would require protection not only by the City and Buffalo Sewer Authority, but particularly by the suburban towns (where material is added to the Creek's flow), and also by the regulatory powers of the New York State Department of Environmental Conservation. The Environmental Management Commission is convinced that a solution to the problems as described in the Council resolution can be found in appropriate attention to the foregoing requirements. We look forward to work toward solution. A great environmental asset is well worth such ongoing effort and expense. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMPTROLLER NO. 19 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION PUBLIC WORKS WATER We, Anthony M. Masiello, Mayor and Anthony R. Narmla, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $177,131 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for Water, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from Public Works, as set forth below: From: 13 112001 - 411001 Construction of Streets - Annual Salary $ 905 13113001 - 411001 Operation & Maintenance of Bridges - Annual Salary $16,331 13116001 - 411001 Lighting of Streets - Annual Salary $39,825 13191001 - 411001 Traffic Engineering- Annual Salary $53,030 13296001 - 411001 Operation & Maintenance of Buildings - Annual Salary $67,040 To: 17523008 - 489151 Transfer to Enterprise Fund Water $177,131 From: 17523008 - 489151 Transfer to Enterprise Fund Water $177,131 To: 533 71090 - 3 91010 Water Transfer In From General Fund $177,131 From: 533 7 1090 - 391010 Water Transfer In From General Fund $177,131 To: 53003626 - 432004 Engineering & Inspection - Engineering and Technical Services $177,131 Dated: Buffalo, NY, October 7, 2002 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 20 CORRECTED CERTIFICATE OF APPOINTMENT Appointment Effective October 7, 2002 in the Department of Assessment and Taxation to the Position of Consultant II, Temporary Appointment at the flat Starting Salary of $20.00 /hr Sandra Marcinialk, 558 Kenmore Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 NOTIFICATION SERIAL # 9505 REPEAL NO PARKING ON RODNEY AVENUE, SOUTH SIDE BETWEEN MAIN STREET AND NORTH FILLMORE AVENUE ITEM NO. 167, C.C.P. 06/11/02 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 Rodney Avenue, south side between At all times. Main Street and North Fillmore Avenue This action is being taken to facilitate snow removal. trash pickup and maintenance operations and at the request of the District Councilmember per resolution noted above. (See next 2 serials.) NOTIFICATION SERIAL # 9506 INSTALL NO PARKING ON RODNEY AVENUE, SOUTH SIDE BETWEEN MAIN STREET AND HALBERT STREET ITEM NO. 167, C.C.P. 06/11/02 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 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 Rodney Avenue, south side between At all times. Main Street and Halbert Street This action is being taken to facilitate snow removal, trash pickup and maintenance operations and at the request of the District Councilmember per resolution noted above. (See previous and next serials.) NOTIFICATION SERIAL # 9507 INSTALL ALTERNATE PARKING - TYPE I RODNEY AVENUE BETWEEN HALBERT STREET AND NORTH FILLMORE AVENUE ITEM NO. 167, C.C.P. 06/11/02 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 Rodney Avenue, south side 4:00 p.m. Wednesday to between Halbert Street 4:00 p.m. Sunday and North Fillmore Avenue Rodney Avenue, north side 4:00 p.m. Sunday to between Halbert Street 4:00 p.m. Wednesday and North Fillmore Avenue This action is being taken to facilitate snow removal, trash pickup and maintenance operations and at the request of the District NOTIFICATION SERIAL # 9508 INSTALL STOP SIGNS IN PERRY STREET AT COLUMBIA STREET STOP SIGNS (ALL -WAY) - 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 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Perry Street Columbia Street NOTIFICATION SERIAL # 9509 REPEAL 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 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 Juniata PI. Seneca St to Northwest No Parking 4pm Sunday to 4pm Wednesday Northeast (Dead) End Southeast No Parking 4pm Wednesday to 4pm Sunday Sage Ave. Seneca St. to Northwest No Parking 4pm Sunday to 4pm Wednesday Dead End South No Parking 4prn Wednesday to 4pm Sunday Armin PI. Seneca St. to South No Parking 4pm Sunday to 4pm Wednesday Pawnee Pw. 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 - overtimes to 6:OOprn (as opposed to 4:OOpm). NOTIFICATION SERIAL# 9510 INSTALL ALTERNATE PARKING - TYPE -1K VARIOUS LOCATIONS 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 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 STREETSIDE PROHIBITED PERIOD Juniata PI. Seneca St to Northwest No Parking 6pm Monday to 6prn Thursday Northeast (Dead) End Southeast No Parking 6prn Thursday to 6pm Monday Sage Ave. Seneca St to Northwest No Parking 6prn Monday to 6prn Thursday Northeast (Dead) End Southeast No Parking 6prn Thursday to 6pm Monday Armin PI Seneca St. to Northwest No Parking 6pm Monday to 6pm Thursday Pawnee Pw. Southeast No Parking 6prn Thursday to 6prn Monday 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 paring 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). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 AUDIT REPORT WATER REVENUE AUDIT The following response is provided to Your Honorable Body regarding the Buffalo Water Board Revenue Audit conducted by the Comptroller's Office, C.C.P. Item #21 of September 2002. Item #1: American Water Services suggests that the "water sales" reported be restricted I actual sales for water usage only instead of including interest and hydrant revenue in the category. Although we recognize that these items have historically been reported in the matter, it is our opinion that restricting revenue in this category to usage only would more accurately reflect trends indicating changes in the number of active water accounts, water, consumption and the impact of rates on the Board's revenue stream. Interest and hydra revenue could be grouped and reported with other miscellaneous revenues already segregate in another section of the report. Based on our discussions, it was also confirmed the sales (chances raised) are reported as net after adjustments. item #4: The Audit also recommends increased supervisory review regarding tilling adjustment In order to improve accountability for this function, American Water Services h implemented an internal review process for all adjustments exceeding $500. The description of this modification is attached to this report, see "Adjustment Review ". Item #9: American Water Services concurs with the Auditor's aged debt analysis and agrees that measures should be undertaken to more clearly identify debt aged greater than 365 days. AWS has already identified the need to segregate "doubtful debt" into a separate category c has begun a process of moving verified inactive and uncollectable debt into this category Discussion has been ongoing with the Water Board and American Water Services has verified moved nearly $1,000,000 of aged debt into "his doubtful category as recorded on the monthly reports to the Board. AWS has not recommended an allowance percentage on time period to assume that debt should be written off since this responsibility should reserved for representatives from the Water Board and City's Finance Authorities. It was agreed that parties responsible for these decisions should address this issue in great detail to reach some consensus on this issue. AWS will cooperate with the Board and remain committed to assist in any way to help implement a modified aged receivables procedure. Audit Recommendations: The Audit recommends implementation of internal controls for miscellaneous billings which are processed at the Porter Service Center to apply GAAP practices to this process allowing for improved reconciliation of services provided to charges raised. AWS has taken this recommendation under review and will implement revised billing procedures to improve this process, see attached "Miscellaneous Billing Procedures" for a (description of The revisions. Cross referencing of delinquencies. As discussed,the billing system can report outstanding balances for customer's bills that are in arrears but due to limitations of reporting system and the various file layouts with this information in the billing system, cannot link the customer names and addresses to the account number and balance on a sir report. American Water Services agrees with the Auditor's recommendations to improve ability of other City agencies and departments to cross check delinquent water balances residents are arranging for payments in other departments. AWS advised the Auditor the number of these departments already have direct access to customer's accounts through a to the Oasis billing system where this information is maintained. AWS recommended that City adopt an internal policy that would establish a routine practice of checking arrears for water accounts for customers arranging payment for other City fees. Our scan work with the Auditor and other City agencies to assist in developing this procedure, REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO WATER BOARD AND THE COMMISSISSIONER OF PUBLIC WORKS NO. 23 B. GRANT - CONCERNS -27 HEWITT AVENUE ITEM #68, CCP OCTOBER 1, 2002 In response to the above mentioned, Kelly McCartney has made contact with the owners of 27 Hewitt, and has given them until Monday, October 14, 2002 to remove all but three dogs from their property. This individual does rescue work for animals and needs this time to place the animals in other rescue homes. This should resolve the matter, RECEIVED AND FILED NO. 24 BID TABULATIONS SAUNDERS CENTER EXPANSION ITEM 470, C.C.P. 10/ 1 /02 The referenced item was referred to the Finance Committee, and to this department for comment. The item is a July 15, 2002 letter from the department to Councilmember Grant indicating that the bids received for the expansion of the Saunders Building exceeded the amount of funds available for the project. The only recourse is to secure additional funding, or to redesign the project so that it fits within the funds allocated. No further action can be taken until this issue is decided. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 25 BOND AUTHORIZATION RESCINDING ITEM #9, C.C.P. 10/1/02 The referenced item was sent to this department for comment. We have reviewed the communication from the Office of Strategic Planning and have no obj1ection to rescinding the bond authorizations that are recommended. RECEIVED AND FILED NO. 26 CHANGE IN CONTRACT 118 EAST UTICA - FRIENDS TO THE ELDERLY PHASE III RENOVATIONS ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for 118 East Utica Street, Friends to the Elderly, Phase III Renovations, Electrical Work, Goodwin Electric Co., C #9:2010488. 1. Additional electrical work; reposition fixtures in Room B16. Add $ 225.00 The foregoing change results in a net increase in the contract of Two Hundred Twenty Five and 00/100 Dollars ($225.00). Summary: Current Contract Amount $70,900.00 Amount of This Change Order ( #4) Add $ 225.00 Revised Contract Amount $71,125.00 Costs have been reviewed by the Consulting Architect (Robert Traynham coles, Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30338106 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 4, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Goodwin Electric Co., an increase in the amount of $225.00, as more fully described in the above communication, for work relating to 118 East Utica -- Friends to the Elderly Phase III Renovations, Electrical Work, C #92010488. Funds for this project are available in CPF 30338106 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 27 CHANGE IN CONTRACT ZOOLOGICAL GARDENS MAIN ANIMAL BUILDING HVAC WORK I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, HVAC Work, Matthew Kandefer, Inc., C #92010530. 1. Booster pump modifications. Add $ 8,524.42 The foregoing change results in a net increase in the contract of Eight Thousand Five Hundred Twenty Four and 42/100 Dollars ($8,524.42). Summary: Current Contract Amount $188,458.18 Amount of This Change Order ( #4) Add $ 8,524.42 Revised Contract Amount $196,982.60 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 31280006 445100 - Division of Buildings. The entire funding for this project, including funds for this change order, have been provided by Erie County. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Matthew Kandefer, Inc., an increase in the amount of $8,524.42, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, HVAC Work, C #92010530. Funds for this project are available in CPF 3 1280006 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 28 CITY OF BUFFALO TRAVEL SAFE PROGRAMS APPROVAL OF THE GRANT 10/1/02 TO 9/30/03 The City of Buffalo has applied for and been offered a grant from the New York State Governor's Traffic Safety Committee. This grant is in the amount of $67,650.00. With this grant, the City would enter into contract agreement with a project director who would coordinate the City of Buffalo Traffic Safety Educational Program. The grant will reimburse the City for the director's cost, along with $1,500.00, reimbursement for supplies, postage, travel, materials and helmets. I respectfully request Your Honorable Body's authorization to accept this grant from the State and to enter into agreement with Ms. Francina Cartonia, 199 Virgil Avenue, Buffalo, NY 14216, to provide the services of the project director at a base cost of $4.9,000.00 plus 35% fringe benefits. The Director's salary will be reimbursed by the State under the terms of the grant. Mrs. Cartonia was chosen as the director because of her prior experience working on similar projects and as director of these grants for the Past 10 years. She was also the developer of the grant proposal and shepherd of its approval by the State. The New York State Governor's Traffic Safety Committee has agreed to pay the City of Buffalo in advance, on a two month at a time, payment schedule. The City of Buffalo would therefore not be required to advance funds to the Director of this program for either labor costs or expenses. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept a grant from the New York State Governor's Traffic Safety Committee in the amount of $67,650.00. PASSED AYES -13 NOES -0 NO. 29 INCREASE OF TIRE DROP OFF DAYS ITEM #148, CCP OCTOBER 1, 2002 In response to the above mentioned, we have completed our last tire drop off date. We have four tire drop off dates per year in which City of Buffalo residents may drop off a maximum of four tires on each of the drop off dates. We also have trucks that pick up illegally dumped tires in the City. In some cases, we contact Huron Recovery to pick up illegally dumped tires. Huron Recovery charges us S69.50 per ton of tires regardless if we pick them up or if they do. With the current budget deficit, I feel that we have enough tire drop off dates for the residents of the City of Buffalo. RECEIVED AND FILED NO. 30 PERMISSION TO ACCEPT FUNDS CAMP CONSERVATION BUFFALO ZOOLOGICAL SOCIETY Permission is hereby requested to accept $350,000.00 from the Buffalo Zoological Society to be used for Improvements at the Zoo, including construction of Camp Conservation. The balance of funding for this project will be provided by Erie County. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 2, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept on behalf of the City of Buffalo to accept $350,000.00 from the Buffalo Zoological Society to be used for improvements at the Zoo, including construction of Camp Conservation, PASSED AYES -13 NOES -0 NO. 31 PERMISSION TO ENTER INTO AGREEMENTS/ PROVIDE MATCHING FUNDS FOR INNER HARBOR/WATERFRONT TRANSPORTATION INFRASTRUCTURE FACILITY PIN'S 6766.69, 6766.80 Permission is being requested from your Honorable Body to authorize the Mayor of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to facilitate design and construction of the Inner Harbor Transportation Infrastructure Facility, PIN's 5756.69 an 5755.80. In addition, permission is requested for the City to commit funding necessary for first instance costs for all related Federal and Non - Federal shares of project costs. The City of Buffalo's share of costs for the project is 20% and the total project cost including all engineering design and inspections $16,500,000.00. Funds for the City's share of cost are available in our Capital Project Account for Local Match Reserve. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to facilitate design and construction of the Inner Harbor Transportation Infrastructure Facility, PIN's 5756.69 and 5755.80. Funds for the City's share of cost are available in our Capital Project Account for Local Match Reserve. PASSED AYES -13 NOES -0 NO. 32 PERMISSION TO ENTER INTO AGREEMENTS/ PROVIDE FUNDING SOUTH OGDEN STREET BRIDGE REPLACEMENT PROJECT M.P. N 0.70, TAN 02 -2913 Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks & Streets to enter into any necessary agreements with the New York State Thruway Authority (NYSTA) to facilitate design and construction of the South Ogden Street Bridge over the New York State thruway, just south of Dingens Street. It is also requested that Your Honorable Body approve the transfer of City Capital Funds in an amount not to exceed $ 125,000 for the City's estimated share of costs for traffic signal and other right of way impTrovements. Funds fm this purpose are available in our Capital Project Account #30032106. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to facilitate design and construction of the South Ogden Street Bridge over the New York State Thruway, Project M.P. N 0.70, TAN 02 -29B. Funds for this project are available in Capital Project Account #30032106. PASSED AYES -13 NOES -0 NO. 33 RENOVATIONS TO FLOWER ST. CCP #95 OF 7/23/02 This is in response to a request from the residents of Flower St. for infrastructure repairs. Upon inspecting the location we have rated the pavement condition as (3 -poor) and have added this location to our paving list with a cost estimate of $22,500 for mill and overlay. As for condition of the curbing there is a total length of 1,400'with approximately 500' damaged or missing. Total replacement of the curb and sidewalk is estimated at $95,000 for which there are no funds currently identified. REFERRED TO THE COMMITTEE ON FINANCE NO. 34 SCHOOL 75 - MONROE ST. TO COB ITEM 454, CC.P. 10/1/02 The referenced item was sent to this department for comment. It is my understanding that all properties used by the Board of Education are owned by the City of Buffalo, and that when the Board no longer has use for such properties, they are to be turned over to the Division of Real Estate. This department has no use for this structure, and we suggest that it be properly disposed of. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 35 SEASONAL ALTERNATE PARKING REQUEST ON FULTON STREET BETWEEN VAN RENSSELAER STREET AND SMITH STREET. # 67 CCP SEPTEMBER 17, 2002 This is in response to your request for comments of September 18, 2002 regarding the aforementioned subject. Please be advised that the Department of Public Works, Parks and Streets - Traffic Section has investigated your concerns. Currently the section of Fulton Street in question is ordinanced for Type 11 alternate parking. This allows two sided parking before 9:OOam after 4:OOpm Monday- Friday and on weekends one sided parking is allowed from 9:OOam- 4:OOpm Monday- Friday. The City does not install "seasonal" alternate parking. The purpose of alternate parking, is not only to facilitate snow removal operations, but also to facilitate trash removal, street cleaning and maintenance operations. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 CORRECTED COPY CERTIFICATE OF APPOINTMENT Appointment Effective: October 3, 2002 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Electrician, Permanent Appointment at the Intermediate Starting Salary of $ 30,923 David Warden, 428 Herkimer, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 37 CERTIFICATE OF APPOINTMENT Appointment Effective: October -1, 2002 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Investigator, Permanent -NC Appointment at the: Intermediate Starting Salary of $ 35,367 Daniel P. Lombardo, 26 Woodette Place, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 38 CERTIFICATE OF APPOINTMENT STATUS CHANGE ONLY Appointment Effective: September 30, 2002 in the Department of: Police to the Position of: Police Lieutenant, Permanent Promotion at the Flat Starting Salary of $ 56,560 Dennis McLaughlin, 3431 Baker Rd., Orchard Park, N.Y. 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective: September 30, 2002 in the Department of: Police to the Position of: Police Lieutenant, Contingent Permanent Promotion at the Flat Starting Salary of $ 56,560 Joseph Panus, 91 Tyler St.,Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective September 30, 2002 in the Department of Police to the Position of Police Officer, Permanent Appointment at the Intermediate Starting Salary of $ 36,131 Steve Sierk, 14 Candlestick, Lancaster, NY 14084 Joseph Ruggiero, 40 Lyndhurst Ave., Buffalo, N.Y. 14216 Michael DeLong, 32 Belmont St., Buffalo, N.Y. 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective September 30, 2002, in the Department of: Police to the Position of Police Officer Contingent Permanent Appointment at the Intermediate Starting Salary of $ 36,131 Shawn Harrison, 74 Erskine Ave., Buffalo, N.Y. 14215 John Caruso, 104 Mariemont Ave. Up., Buffalo, N.Y. 14220 Corey Krug, 171 Brookside, West Seneca, N.Y. 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 42 RETURN FROM LEAVE OF ABSENCE —M. MITCHELL Be advised that Michael Mitchell will return from his unpaid military leave of absence to his permanent position of Lieutenant with the Buffalo Fire Department effective October 10, 2002. RECEIVED AND FILED NO. 43 CERTIFICATE OF APPOINTMENT Appointment effective October 7, 2002 in the Department of Fire, Division of Repair Shop to the position of Motor Equipment Mechanic Permanent appointment at the intermediate Starting salary of $30,828 John W. Kelleher, Jr., 223 Geary Street, Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 44 B. GRANT - CONCERNS -27 HEWITT AVE ITEM NO. 6 5, C.C.P. 10/1/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. In response to the inquiry made by your Honorable Body, Building Inspector Brian Hayden had inspected the property known as 27 Hewitt in the City of Buffalo. The owner of this property was sent a notice of violation. The owner was also advised as to the situation with the dogs being kept on the premises and has been cited in regard to that issue. We will monitor this situation on a BI- weekly basis to assure compliance with all City of Buffalo ordinance requirements. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 45 ECKERT- CONCERNS- 182 GARNER ITEM NO. 65 C.C.P. 10/1/2002 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. In response to the inquiry made by your Honorable Body 182 Garner has been identified for demolition. On October 4, 2002 this property was surveyed for asbestos containing material As of this writing we are awaiting the bid and removal of asbestos pipe wrap. Upon completion of the asbestos abatement, we will proceed with demolition. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 46 USED CAR DEALER 334 ABBOTT Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 334 Abbott and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Todd Szurninski. The attached thereto for Todd Szuminski d /b /a TJ Auto 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. 47 "INCENTIVES FOR MUNICIPAL EMPLOYEES" #183, CCP OCT 30,2001 1 would defer to Mr. Louis Giardina, Acting Commissioner of Human Resources, on this item as it would likely be a matter that would need to be negotiated with the employee unions. I trust this answers your question. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 48 CERTIFICATE OF APPOINTMENT Appointment Effective 10/14/02 in the Department of Administration & Finance, Division of Budget to the Position of Associate Management Analyst, PERMANENT APPOINTMENT at the MAXIMUM Starting Salary of $57,003 Donna J. Estrich, 31 Ashland Avenue, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 CERTIFICATE OF APPOINTMENT Appointment Effective 10/14/2002 in the Department of Administration & Finance, Division of Budget to the Position of Principal Management Analyst, PERMANENT APPOINTMENT At the MAXIMUM Starting Salary of $63,871 George J. Cotroneo, 57 Johnson Park, Buffalo, New York 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 50 PROGRESS REPORT UPDATE DIVISION OF SUBSTANCE ABUSE SERVICES Enclosed please find for your review, a progress report update for the Division of Substance Abuse Services. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISIONER OF ADMINISTRATION AND FINANCE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective October 9, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Fiscal Supervisor, Provisional Appointment At the MAXIMUM Starting Salary of $38,068 Catherine Sexton, 131 Colvin Avenue, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 CERTIFICATE OF APPOINTMENT Appointment Effective September 18, 2002 in the Department Community Services, Division of Substance Abuse Services to the Position of Reimbursement Specialist, Provisional Appointment at the Intermediate Starting Salary of $28,186 Anthony Draffin, 133 Park Street, Buffalo 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 53 DEFINITION OF CONTINGENT - PERMANENT #46 C.C.P. OCT. 1, 2002, #47 C.C.P. OCT. 1, 2002 Per your request of October 3, 2002, please be advised of the following- Contingent permanent appointments are made when a competitive class - position is temporarily vacant by a leave of absence of a permanent incumbent. This temporary position may be filled, at the discretion of the appointing authority, on a contingent permanent basis through the use of an open competitive, promotional eligible list or preferred list. The specific contingent permanent appointments referred in your communication of October 3, 2002, be advised all of the individuals were certified from the eligible list arid are currently holding the position of Building Inspector on a temporary basis during the leave of absence of several permanent building inspectors. The department head requested contingent permanent status because the eligible list for Building Inspector was to expire on September 30, 2002. With the contingent permanent appointments, these have been placed on a preferred list eligible for certification as a Building Inspector. As it is stated in civil service law, preferred lists must be certified before promotional and open competitive eligible lists in the same title. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 54 "INFO. - CIMINELLI CONST. CO. ". #60, C.C.P. OCTOBER 1, 2002 ITEM #20, C.C.P. OCTOBER 1, 2002, The Board of Education does not usually respond to anonymous letters. However, this request from the Council will be referred to the Joint Schools Construction Board for a response. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 55 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the September 10 2002 Board of Ethics meeting. RECEIVED AND FILED NO. 56 B. GRANT - CONCERS -27 HEWITT AVE. #68 CCP OCT. 1, 2002 The City Clerk's Office will send a dog license control officer to the address and write summonses for any and all violations that exist, such as unlicensed dogs, unsanitary conditions, etc. In addition, the Inspections Division has been notified of the situation and they too will check on it. There is not much else that I am authorized to do. Additionally, see the communication from Public Works "Animal Shelter which should resolve the Issue. We will do a follow up visit. RECEIVED AND FILED NO. 57 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Eric County Alcohol Beverage Control Board. Address Business Name Owner's Name Military Road Uncle Pete's Inc. Peter Fabiano RECEIVED AND FILED NO. 58 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Public Works, Streets & Parks Daniel D. Connors X Police- Narie - Angela Mariani, Marlene Mott RECEIVED AND FILED. NO. 59 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. NO. 60 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 Appointment Effective: October 2, 2002 in the Department of Common Council to the Position of Intern VI, Temporary Non - Competitive at the Flat Starting Salary of $ 10.00 Dorianne Mercado, 919 Prospect Avenue, Buffalo, NY 14213 NO. 61 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. DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective: October 14,2002 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Fee Collector, Seasonal Appointment at the Flat Starting Salary of $5.15 Lindsay Laracuente, 91 Aldrich, Buffalo 14220 Appointment Effective: October 14, 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, Phillip Gaines, 217 Dartmouth, Buffalo, NY 14215 Appointment Effective: October 11, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer, seasonal Non - Competitive at the Flat Starting Salary of- $8.15/hr Nicholas L. Cordova 36 Auchinvole St., Buffalo, NY 14213 Appointment Effective: October 10, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer, Seasonal Non - Competitive at the Flat Starting Salary of $8.15/hr Santiago Lopez, 44 Alamo Place, Buffalo, NY 14220 Appointment Effective October 9, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position Of Seasonal Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $8.15/hr Glenn J. Galli, 188 Pries Avenue, Buffalo, NY 14220 Appointment Effective: October 8, 2002 in this Department of Public Works, Division of streets to the position of Seasonal Laborer II, Parks and Streets, Seasonal, Non - Competitive, at the Flat Starting Salary of $8.15/hr Christian Simcoe, 58 Ideal Street, Buffalo, NY 14206 Appointment Effective October 7,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Laborer II, Seasonal Appointment at the Flat Starting Salary of $ 8.15/hr Mary Amorosi, 278 Colvin Ave, Buffalo, NY 14216 Appointment Effective October 7,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Rink Attendant, Seasonal, Non competitive at the: Flat Starting Salary of $ 5.15/hr Messing, Matthew, 396 Cumberland, Buffalo 14220 Trillizio, Amanda, 108 Laird, Buffalo 14207 Vitali Anthony, 86 Strathmore, Buffalo 14220 Appointment Effective October 7, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $8.15/hr, Alexander Porter, 151 Prospect Avenue, Buffalo, NY 14201 Appointment Effective October 14,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Swimming Pool Attendant, Seasonal Appointment at the Flat Starting Salary of $5.15/hr John Logal, 55 Virgil, _Buffalo 14216 NO. 62 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. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective September 30, 2002 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Enforcement Officer, TEMPORARY APPOINTMENT at the MINIMUM Starting Salary of $25,793 Luther Walker III, 87 Jewett Avenue, Buffalo 14214 DEPARTMENT OF POLICE Appointment Effective: October 7, 2002 in the Department of Police to the Position of: Crossing Guard, Temporary at the Minimum Starting Salary of $7.09 /hr Tina Militello, 23 Marina Pk., Buffalo, NY 14202 Billie Jo Greco, 110 Greeley St., Buffalo, NY 14207 Linda G. Bussue, 224 Guilford St., Buffalo, NY 14211 DEPARTMENT OF POLICE Appointment Effective September 30, 2002 in the Department of Police to the Position of Crossing Guard, Temporary Non - Competitive at the Minimum Salary of: $ 7.09 Celestine Leonard, 49 Eureka PI., Buffalo, NY 14204 Maretta Grant, 57 Littlefield Ave., Buffalo, NY 14211 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective: October 2, 2002 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Electrician, Provisional Appointment at the Minimum Starting Salary of $28,179 John Leverett, 166 Potomac Ave., Buffalo, NY 14213 Appointment Effective: October 8,2002 in the Department of Public Works, Parks/ Streets, Division of Recreation to the Position of Refrigeration Plant Engineer, Appointment at the Flat Starting Salary of: $ 8.15/ hr Boyer, Raymond, 435 East, Buffalo 14207 Appointment Effective: October 7,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Refrigeration Plant Engineer, Temporary Appointment at the Flat Starting Salary of: $ 8.15/hr Melcher, Howard 210 Riverside, Buffalo 14207 Palmer, Encil, 19 Oregon, Buffalo 14207 Trillizio , Joseph, 108 Laird, Buffalo 14207 Appointment Effective September 30, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at Keith M_ Rathbun, 239 Cumberland Avenue, Buffalo 14220 William R. Young, 374 McKinley Parkway, Buffalo 14220 Appointment Effective: October\ „14,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Special Service Instructor Temporary Appointment at the Flat Starting Salary of $ 6.75/hr Jeffrey Logal, 55 Virgil, Buffalo 14216 Vincent McCarthy, 595 Linden, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 63 J. BOOTH -WALK OUR CHILDREN TO SCHOOL DAY COPY UNABLE TO SCAN -ITEM AVAILABLE FOR REVIEW IN CITY CLERK'S OFFICE. REFERRED TO THE COMMITTEE ON EDUCATION. NO. 64 REQ. CLOSURE OF SALE -241 CEDAR ST. Please file the attached letter regarding the purchase of 241 Cedar St. for the upcoming Council Session to be held on Tuesday, October 15, 2002, Should you require any further information, please feel free to contact my office at 851 -4980. Thank you. 969 Kensington Avenue Buffalo, NY 14215 835 -9635 (home) 812 -2706 (cell) Dear Mayor Anthony Masiello, Thank you for returning my call. I do apologize for coming to you again with this situation, but I can't get this matter resolved, and I don't know where else to turn. Joanne has tried to assistance me, and I thank her for her efforts, but as of this date the City has not closed on my property located at 241 Cedar. Mayor the city signed a Contract of Sale, February 1998, to buy my property. For four years now I have tried unsuccessfully to get the City to complete the transaction. In the interim the City demolished the premises with its contents, with no notification to me. I feel like David fighting Goliath. I have a letter from Mr. Heinle agreeing to increase the purchase price to cover the additional expenses incurred due to the delay in closing and a "token” to cover the loss of my personal possessions as money cannot replace family photos. Now it appears the City does not want to honor this agreement. The situation is now becoming a community problem, as the property, now an unkempt lot, as its title sits in limbo awaiting its outcome. Nearby neighbors are angry and disappointed that I can't get this matter resolved. I spoke with Councilmember Davis, March 2003,seeking his assistance to resolve this matter. He subsequently advised me that he had spoke with Fred Heinle and was assured the matter would but settled shortly; that was months ago and the matter is still pending. It is not fair to me or to that neighborhood. The City has abandoned the property, after demolishing the premises, and grating the lot, all without acquiring title to the property. Mayor I appreciate any assistance you can give me in this matter. This is truly an injustice to me as there is no good reason for the closing having not taken place ninety days from the signing of the contract, May 1998. None. A delay I once solely attributed to my City referred attorney, Terrence McKelvey, who kept me hanging on for 18 months waiting for this transaction to close before I was convinced it would never occur on his watch. When I enter the contract the City promised to pay my legal fees if I retained an attorney from their list, I accepted the offer selecting Attorney Terrence McKelvey from a list Mr. Heinle provided. In hindsight this decision to use a City referred attorney and not obtain independent counsel was a costly mistake. February 2002, after Joanne spoke with Fred Heinle who assured her this matter would be closed within 30 days, I hired attorney J. Glen Davis to represent me in this matter, he now advises me between the City not negotiating in good faith and the matter being complicated by the delay in closing he is requiring a large retainer fee to continue as my legal representative. I can't afford to spend any more money trying to get this transaction to culmination. Mayor I can be reached at 835 -9635, or 812 -2706. The best time to call is Mon, Wed and Fri between 10 AM and 3PM. REFERRED TO THE COMMITTEE ON FINANCE, THE DIRECTOR OF REAL ESTATE, AND THE CORPORATION COUNSEL NO. 66 M. DOTTON- CONCERNS - ELLICOTT DEV. CO. NEW PROJECT — WATERFRONT VILLAGE Please file the attached letter regarding Ellicott Development Co. new project in Waterfront Village for the upcoming Council Session to be held on Tuesday, October 15, 2002. Should you require any further information, please feel free to contact my office at 851 -4980. Thank You. My name is Mike Dotton and I am the president of Lakefront Commons, a condo community in Waterfront Village. The reason for my contact is to express my community's feelings about the new project in our neighborhood by Ellicott Development Co. While we are not completely opposed to new the project we do feel a better line of communication could have been employed. We were in constant contact with Ellicott as they shaped the project over the past year and attended various planning meetings to insure the project met our neighborhoods criteria and standards. Ellicott has been very cooperative throughout and we look forward to that relationship continuing. Our concern and frustration lies with the basic courtesy of letting us, as residents of the proposed neighborhood, know about the new plan. We were left to read about it in The Buffalo News! Rental units in Waterfront Village are a new proposal and bring with them a certain agenda. We are very proud of the increase in popularity and value of our homes and look to keep that trend growing. We intend to work closely Ellicott to insure that the new units are held to our standards. In the future we would appreciate direct contact in regards to anything in our neighborhood and Waterfront Village. I can be reached @ 854 -3959 for any follow -up. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 66 L. STITTS- CONCERNS -CON DITIONS- JOHNNIE B. WILEY SPORTS PAVILION Please file the attached letter regarding the existing conditions at the Johnnie B. Wiley Sports Pavilion for the upcoming Council Session to be held on Tuesday, October 15, 2002. Should you require any further information, please feel free to contact my office at 851 -4980. Thank You. On several occasions I have made the city's Design & Public Works Division aware of the existing conditions of mold and mildew in the offices at the Johnnie A Wiley Sports Pavilion. This is a dangerous problem especially to the staff and children that use the facility. I am upset about the lack of concern on the city's part to address the issue. I am requesting that someone be sent out immediately. Also, the water damage that was created by the leaking roof has not been repaired and the offices are not useable by staff. We have a first class facility; lets not ignore the fact that it is in need of repairs. If you have any questions or further instruction, please give me a call at. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS. NO. 67 D. MALONE- CONCERNS - ROOSEVELT PARK Please file the enclosed correspondence for Tuesday, October 15, 2002 Common Council Meeting. Thank you for your attention to this matter. The Roosevelt Park Steering Committee accepted the challenge in 1999 to bring together all parties interested in caring for the park. We welcomed the parks dept, Municipal housing, BPD, sport teams, Councilperson, at large members and all Block clubs in the area to send a representatives. The RPSC was not able to entice all of these stakeholders to take part in the endeavors of this committee. The RPSC has gotten the response of I don't know to all of the questions that this committee has asked for 4 years from the parks department. The questions we asked at a meeting in Mrs. Grant's office m June and at the Park with Mr. Nowicki a week later, still had no answer September 3rd. We brought to your attention that we felt it was irresponsible that the City while "new" projects ($300,000 splash pools) are still budgeted in other parks around the city while there is no money to maintain what already exists. The RPSC project for Roosevelt Park began in 1999 working with Daniel Durawa. The project ($255,000) was approved in 2000. Buffalo financial trouble was not apparent until 2002. Somehow being patient got us nowhere. This letter is to confirm the conversations of the meetings of Monday September 3rd at Roosevelt Park and Thursday October 2nd at your office. The community present at the park brought to your attention the disarray of Roosevelt Park. We have implored the assistance of your office because of the following persistent problems: No one has answered the calls and letters to clean up the shelter at the park. The City of Buffalo has taken no active responsibility in the park. Until 2001 the facility has been repeatedly vandalized Garbage has been left throughout the park and not cleaned by a city crew in 20 years, Recreational equipment has not been maintained. Sand has been in place since 1970's. The only funding in the park since 1975 has been exercise stations and a basketball pad ($55,000) despite the community being against both of the projects, Keys have been duplicated and been used after hours and to store non park items We felt that the organized groups in the park were not being held accountable by anyone. We have a commitment for new bathroom facilities and locks to be changed and given to Councilwoman Grant. A lease will be drawn for the steering committee. The RPSC will be park overseer. The current football permit for the field will be honored, and thereafter permits, renovation plans will be with RPSC participation. The RPSC will be overseeing Roosevelt Park for the City of Buffalo. We are trying to make the park more attractive to the community and less an eyesore and criminal bang out. In the past we have asked that a person be on the committee from the police department to keep your interest in mind while we establish renovation 5 and 10 year plans. With the budget cuts it is even more imperative for police input to make the park more secure with less staff. The City representatives come to about 2 meetings a year when the agenda moves to their area of expertise. Can we get a representative from precinct 8 that could sit on this committee? Current stakeholders include Deputy Commissioner Nowicki 5 block club presidents, Councilwoman Grant, UB Flight Blight group and City engineer and the project architect. The RPSC is sponsoring a park clean up with the community, Wed October 23, 3 -7:30 if you would like to send someone over to meet the group. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 68 K. FRIEDMAN- CITIZEN'S PLANNING COUNCIL'S 2003 CAPITAL BUDGET RECOMMENDATIONS Item Unable to Scan -Item Available for Review in City Clerk's Office. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER ADMINISTRATION AND FINANCE AND THE COMPTROLLER. NO. 69 STEELFIELDS- VOLUNTARY CLEAN -UP MEETING NOTICE The New York State Department of Environmental Conservation (NYSDEC), in cooperation with the New York State Department of Health (NYSDOH), is pleased to inform you that Steelfields, U.C. a private development company has entered into a Voluntary Clean -up agreement with the Department to clean u contaminated areas found on the former Republic Steel and Donner Hanna Coke Properties in the City (Buffalo. The next step is to present the Remedial Action (clean -up) Plan to the public for comment. The proposed clean -up plan is outlined in the enclosed Fact Sheet. To obtain our input regarding the proposed Remedial Action Plan, a formal public 60 day comment period will be in effect from October 9, 2002 to December 9, 2002. The Department will also hold a public meeting at the Valley Community Center to discuss the details of the work plan and answer the public's question In addition, prior to the meeting, an Availability Session will be held between 5:00 p.m. and 6.30 p.m. for those who wish to discuss individual concerns, a one -to -one basis with project _staff. You are invited to a Public Meeting at which: • results of the site investigations will be discussed; • the Remedial Action Plan will be presented; and, • your comments sought on the Plan. The Public Meeting will be held. DATE AND TIME: Wednesday November 13, 2002 at 7: 00 p.m. PLACE: Valley Community Center (see map) 93 Leddy Street Buffalo, New York Public comments on the Remedial Action Plan are welcomed during this meeting, as well as any written comments received by December 9, 2002. All comments received will be carefully considered before the Remedial Action Plan is finalized. Written comments should be directed to. Mr. Gregory Sutton, Project Manager; NYSDEC; 270 Michigan Avenue -, Buffalo, N.Y. 14203 RECEIVED AND FILED. NO. 70 RESULTS OF PEACE BRIDGE EXPANSION PROJECT WORKSHOP #2 RELEASED Item unable to Scan. Item available for review in Clerk's Office. REFERRED TO THE BI- NATIONAL BRIDGE COMMITTEE. NO. 71 CONCERNS -FIRE LIEUTENANT EXAM Please file the enclosed letter on behalf of David Schieber a resident of the South District for the Council meeting of October 15, 2002. If you have any additional questions, comments or concerns please do not hesitate to contact me. Dear Mr. Schieber: In reviewing your application for the Fire Lieutenant examination, it was noted that you are currently serving in the military and will not be available to participate in the examination scheduled on April 6, 2002. In regard to your status, please be advised of the following: 1. You should take this examination at the earliest possible opportunity. Therefore, it is extremely important that you contact this office to make arrangements either as soon as you are available (i.e. on leave) or within sixty (60) days of release from active duty. 2. You are instructed not to discuss any of the test questions with candidates who have participated in this examination. Candidates will be required to sign an affidavit indicating that you have no prior knowledge of the test questions on the examination. 3. If you are claiming veteran's credits, upon release from active duty, copies of your DD214 showing the character of your service, must be presented for each examination for which you applied. 4. The duration of an eligible list shall be for a term of not less than one nor more than four years. In order for a military make -up examination to be administered, the Eligible List resulting from the original examination must still be in existence. If you have any questions, please call this office at (716) 851 -5402. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF HUMAN RESOURCES. NO. 72 MARGARET A. MURPHY QUARTERLY REPORT ON THE DIVISION OF SUBSTANCE ABUSES SERVICES I am pleased to report to both the Office of the Mayor and the Buffalo Common Council on the progress which has been made by the Division of Substance Abuses Services ( "DSAS "). At this time, DSAS is on target with the recommendations outlined in my letter of June 28, 2002 and has generated revenue in excess of its minimum budgetary requirements for this fiscal quarter. Jessie J. Carmichael, Assistant Director for DSAS, and his entire staff should be commended for their efforts during the first quarter of this fiscal year. Let me take the opportunity to review those recommendations and DSAS's progress toward self- sufficiency. CONSOLIDATION OF SITES & TEMPORARY LAYOFFS in my report dated June 28, 2002, we recommended that, instead of layoffs of 15 DSAS employees, only six employees be laid off. This recommendation was made in order to insure that minimum requirements, for DSAS' Article 28 license and for Medicaid reimbursement, would be met. This recommendation was followed b y the Administration; only six employees were laid off. Since that time, three employees have taken early retirement. It is currently anticipated that the Budget Office will approve recalling two employees, Ida Berzon and Rick Keohane, so that DSAS can continue to meet their minimum requirements for their license and for Medicaid reimbursement eligibility. In the last report, we recommended that DSAS only operate three sites ( Fillmore, Ellicott- Sheehan, and Elmwood) and that the Genesee and Riverside clinics be closed. However, DSAS has continued to operate the Genesee site and had temporarily closed the Ellicott - Sheehan site. The Ellicott- Sheehan has been recently reopened. The Genesee clinic will be closed shortly and a new location will be established in the Central Park Plaza. STAFFING REQUIREMENTS & CREDENTIALS DSAS operates medically- supervised chemical dependency clinics which have been licensed by the New York State Department of Health under Article 28 of the Public Health Law. Some recent regulatory changes have taken effect in August. The following reflect some of the more significant changes in the new regulations: A staffing standard based upon uniform Qualified Health Professional (QHP) requirements is established for all services; -Methods of meeting required staffing levels are more flexible; -Greater flexibility in the use of nurse practitioners and physician's assistants is provided; -More flexibility in case record keeping requirements, including the ability to use updated information from previous treatment episodes is available; and, -More flexible space requirements are established. From my review, DSAS is currently in compliance with these new regulations. Under the new regulations, DSAS needs the following staffing levels: 1 . A Clinical Director who is a qualified health professional (QHP). Such person shall have at least three years of full -time clinical work experience in the chemical dependence field, at least one year of which must be supervisory, prior to appointment as clinical director. Don Sherry is the current clinical director. He holds the civil service title of Senior Counselor/ Clinical 1. He has his CASAC ( "Credentialed Alcoholism and Substance Abuse Counselor) credentials and therefore is considered as a qualified health professional ( "QHP "). 2. A Medical Director who is a physician. Dr. Rafael Rondon is the current medical director. 3. A physician, registered physician's assistant or nurse practitioner. They must be onsite for a minimum of one hour per week for up to 25 active patients, and an additional hour for each additional 25 active patients. The medical director may also serve in this function. Dr. Rafael Rondon fulfills this requirement. Additionally, DSAS employs a nurse, Donna Gerst - Lentini. Donna is considered a QHP and has her CASAC credentials. 4. Full -time Equivalent Clinical Staff Member for every 35 patients who are regularly provided with treatment services (i.e. patients who receive at least two treatment visits per month). Fifty percent (50 %) of all clinical staff shall be a QHP. For purposes of meeting the above noted QHP requirements, CASAC in training may be counted. The following individuals have their CASAC credentials and are considered QHP: Bernadette Sherry (Director of Counseling); Donald Sherry (Senior Counselor /Clinical 1); James Matthews (Counselor 111); and Arlene Filipski (formerly a Senior Counselor, bumped to a Counselor 111). The following individuals are considered CASAC in training and Q1HP: Karen Bemeski (Counselor 111) and Donna Gerst Lentini (Nurse, RN). The following individuals will soon be CASAC in training: Michelle Byrd (Counselor 111); Ida Berzon (Counselor 11 Rick Keohane (Counselor 11); Patricia Zimmerman (Counselor 111); and Nathaniel Harbin (Counselor 111). 50 % of all DSAS clinic staff are QHP. 5. Health Coordinator who ensure the provision of education, risk reduction, counseling and referral services to all patients regarding HIV and AIDS, tuberculosis, hepatitis, sexually transmitted diseased and other communicable diseases. Donna Gerst Lentini Nurse, RN) provides these services and therefore, fulfills this requirement. 6. Sufficient Support Staff to minimize the need for treatment staff to perform nontreatment functions and to optimize efficiency. DSAS' current support staff includes the following individuals: Sandra Metzler (Steno Secretary assigned to Medical Unit); Enda Gracie (Steno assigned to the COURTS Program); Dolores Barrett (Counselor III assigned to the COURTS Program); Anthony Draffin (Reimbursement Specialist); Gale Scott (Account Clerk Typist); Denise Green (Typist assigned to Genesee clinic); Geraldine Smith (Steno assigned to Fillmore clinic); Sylvia Whittaker (Case Manager assigned to Elmwood clinic); and Christa Hodge (Case Manager assigned to Elmwood clinic). Ramona Lee is a clerk who is currently assigned to Commissioner Donald Allen and works as his secretary. There is insufficient support staff to maintain the Ellicott- Sheehan clinic. The clerk position which is currently assigned to Commission Allen should be reassigned to the Ellicott- Sheehan clinic. 7. Psychologist, psychiatrist, and /or social workers, if DSAS expands its services to provide chemical dependency treatment to those with mental illness. DSAS does not currently provide such services and would not be required to provide such services under the new regulations. 8. A QHP with experience in family counseling or a written referral agreement for family counseling. DSAS has written referral agreements for family counseling with Child & Family Services and Catholic Charities, thereby fulfil ling this requirement. EXPENDITURES & REVENUE As indicated in my last report, a staff level of 23 would have a projected budget of $1,212,820.00. (See attachments A and B in the reported dated June 28, 2002). Under its current OASAS Grant, DSAS receives $629,000.00. The matching portion of this grant requires the City to expend $136,000.00. This would mean that DSAS needs to generate, from reimbursable services, $356, 820.00 for this fiscal year or $89,205 per fiscal quarter. During this fiscal quarter (7/1/02 - 9/30/02), DSAS has generated $108,272.98'. DSAS has exceeded the projection for this fiscal quarter by $19,067.98. (See Attachment A 8, 2002.) Last year, DSAS had generated $43, 452 in the first fiscal quarter. This represent a 149% increase in revenue from last year. CURRENT CLIENT CENSUS Since the last report, the number of active clients has decreased. In June, DSAS had a census of 339 active clients. Currently, DSAS has 251 active clients. An active client is any individual who had received treatment visits within a month. Although the number of active clients has deceased, the number of visits per client has increased. In a letter to the Mayor Masiello dated June 24, 2002, we indicated that: "Individuals who are referred from the Buffalo City Court Drug Court, as well as a vast majority made from the other criminal parts Buffalo City Court, have been classified by the COURTS Program as having a chronic chemical dependency. These individuals should be receiving intensive outpatient treatment (i.e. treatment /counseling five times per week). Unfortunately, these individuals are generally placed in sessions three times per week. By increasing the availability of intensive outpatient services, DSAS would be able to increase the amount of reimbursements." It would appear that DSAS has followed our recommendations. MEDICAID REIMBURSEMENT 'This figure represents services which have already been billed. Some of these reimbursements have been sought for services provided in the last fiscal year. During this quarter, DSAS has actually provided Medicaid reimbursable services in the amount of $116,379.96. Some of these services have already been billed, other services will be billed during the month of October. As I indicated in my last report, Medicaid reimbursement for an Article 28 agency is $124 per unit of service minus some processing fees. I indicated that those processing fees were approximately $8.00. However, I have since learned, from DSAS' reimbursement specialist, that 11.61/o is the amount of these processing fees. Therefore, DSAS receives $108.97 per unit of service. DSAS needs to generate, from reimbursable services, $356, 820.00 to meet its budget this year. To meet its minimum goal for reimbursement services through Medicaid, DSAS would need to generate 3,275 units of service per year or 819 units of service per quarter or 273 units per month. In the first quarter of this fiscal year, DSAS generated 2,342 units of reimbursable service of which 1,068 units ($116,379.96) are reimbursable through Medicaid. Forty -five percent (45 %) of DSAS reimbursable services generated in the first quarter has been or will be paid through Medicaid. DSAS has also generated an additional $13,015 through client fees and charges for physicals and urine drug testing. CONCLUSION Both the Administration and the Common Council should be pleased with the efforts made during this first fiscal quarters. As I indicated to the Common Council during budget hearings, DSAS has the potential of becoming a financially self- sufficient unit of city government which provides a necessary services to those who suffer from chemical dependency. On behalf of Chief Judge Thomas Amodeo, I express our gratitude to both the Administration and the Common Council in allowing us the opportunity to work with the DSAS. Although I will no longer be a member of the City Court bench after December 31, 2002, 1 will continue to honor my commitment to the Administration, the Common Council and the staff of DSAS until the end of this fiscal year. My second quarterly report will be filed with the Common Council shortly after the first of the new year. If you have any questions, please feel free to contact me. REFERRED TO THE COMMITTEE ON BUDGET. NO. 73 E.RODENHAUS CONCERNS -26 VILLA AVENUE I am writing this letter in regard to some serious complaints I have with the City of Buffalo Dept of Permit and Inspection Services. I have received a few notices of violation documents from this department in regard to my property at 26 Villa Ave. - Buffalo, NY 14216. One of the notices on 7/12/99 was advising me that my garage needed to be repaired or torn down. After receiving this notice I filed a claim with my Insurance Co. - New York Central Mutual. They have since dropped me from their Insurance Co, as they believe I committed some fraud based on the comments of a city inspector Mr. Frank Dejames. I also filed a complaint in regard to 2 properties located at 1362 -68 & 1360 Kenmore Ave. with a Mr. James Carr on 5/22/00 He assured me that the complaint I had filed would betaken over to the Inspections dept. personally, and I would hear from them concerning my complaint. I also have some other complaints that I will outline in the following letter. On 7/12/99 1 received a notice advising me to have my garage repaired or torn down. I immediately filed a claim with my Insurance co. - New York Central Mutual Insurance Co, as my garage was in this bad condition as the back wall was being plowed in by the owner of the property located at 1362 -68 Kenmore Avenue owned by Mr. Carmen Finocchi. I have a certified letter I sent Mr. Finocchi in 1992 advising him to stop plowing snow against the north wall of my garage after I observed the damage he was doing to my garage during the winter after I purchased the property in 199 1. Mr. Finocchi never stopped plowing snow against my garage and I have videotape of his plow driver actually plowing the snow against my garage! My Insurance Co. sent me a check to make the repairs on the garage in the amount of $3579.89, and I called contractors for bids to do the work to repair the back wall of the garage and received some bids for approx. $5,000.00- On 1/3112000 1 received another letter from my Insurance Co. advising me that they wanted the check back as they believe I committed fraud in regard to the claim on ray garage. This was a Felony fraud notice! In the letter they interviewed Mr. Frank Dejames and he had stated to the investigator Mr. Don Bounds, " it has been determined that the garage in question was in this condition prior to your purchase of the property. The City of Buffalo had asked that it, in fact, needed to be torn down ". I immediately went to the Inspections Dept. and got copies of all the inspections that had been completed on my property at 26 Villa Ave and the property of Mr. Finocchi 1362 -68 Kenmore Ave. There was never any inspection completed on either property advising to have the garage in question tom down prior to my purchase of the property! I spoke with Mr. Dijames when I went down to get these records, and I asked him how he could make a statement to my Insurance Co.. when an inspection was never completed on my property. He stated to me, " I bought a vacuum cleaner at the place of business located at 1360 Kenmore Avenue in 1983. and observed the wall at that time ". I told Mr. Dijames that I have video of the wall being plowed in and he stated, " if that's the case you would win" and he left. I have since learned some disturbing information in a meeting I had with Mr. Dijames, Commissioner Mr. Raymond Mcgurn, and I believe the third party present in the meeting was Mr. Joseph Parisi. I asked the question to Mr. Dijames if he knew the owner of the property at 1362 -68 Kenmore Ave (Mr. Finocchi) and he stated " yes he's a good friend of mine ". I believe this constitutes a conflict of interest in violation of the City Charter, Chapter -12 Sections 12 -24, 12 -24 A, 12 -7 5, 12 -19, 12 -20, 12 -21, 12 -14, 12- 1. 1 will continue with the meeting I had with Mr. Mcgurn and the other inspectors in the following paragraphs. I have since been dropped from my Insurance Co. after they received the information from Mr. Frank Dijames. I have been told by my new insurance agent that if I file another claim to my insurance co. my premiums would go up significantly, and it would be very hard and expensive for me to get Insurance for my property. On 5/22/00 1 was in the permits Dept. in the City of Buffalo and met with a Mr. James Carr. I obtained some permits for a pool and fence on my property. I also sat with Mr. Carr and filed a complaint with him for the 2 properties behind me at 1362 -68 and 1360 Kenmore Avenue. Mr. Carr gave me City of Buffalo maps showing garages at each of the above properties. I advised Mr. Carr that there weren't any garages at either of these properties. I then asked if either property owner had gotten a permit to tear down the garages and he checked and stated that neither one had. I also inquired if the owner of 1360 Kenmore Ave. &1354 Kenmore Ave. Mr. Charles Bordanaro had gotten a permit for the fence he erected at 1360 Kenmore FBve. & 13 54 Kenmore Ave. Mr. Carr stated there was no permit for the fence located across the back of these lots. I also inquired in regards to the parking lots that were paved at 1362 -68, 1360 Kenmore Ave., and there was also no permits issued for these pat -king lots that were constructed. Mr. Carr gave me copies of zoning laws 511 -97 subsection C that state that the lots should be paved and have drainage. And he also gave me section 307 -38 regarding permanent structure guardrails that should be constructed on the south side of these parking lots facing my property to prevent a car from driving through the fence on my property. On this date Mr. Carr wrote up a complaint in regard to these items and he advised me he would take it over to the inspections department and I would hear from someone. My complaint was as follows: 1) 1 wanted the fence moved off my property that the owner of 1360 Kenmore Avenue had constructed. I had my surveyor come out and this fence is almost I foot over the property line and I want it removed. Also, if this fence is on my property it is also on the property of the owners of my neighbors at 30 & 34 Villa Ave and should be moved off theirs also. 2) The owners of 1362 -68 & 1360 have both torn down garages without getting the required permits, and have constructed parking lots without drainage and barriers as required by zoning laws. (Guardrails as required). 3) Mr. Bordanaro owns the commercial business located at 1346 Kenmore Ave., but uses the residential properties located at 1360 & 1354 to store vehicles for this place of business. Is he allowed to do this? When I went to check on my compliant in the spring of 2001 the receptionist at the Inspections Dept. advised me that there was never any complaint filed! She wanted to know if I had a copy of the complaint, and I stated that I didn't. She advised me that if I didn't have a copy then there was never a compliant filed! I immediately went to Mr. Carr and showed him the maps of the area around my house, and the sections of parking and zoning laws he had given me, and if he remembered taking my complaint. He stated he did remember me, and my complaint was taken to the Inspections Dept. He had taken it over personally. I advised him that the Inspections Dept. reported they never received the complaint. He said he did his part and dropped it off, but didn't know what happened to it after that. I scheduled a meeting with the Commissioner of Permit and Inspections Services Mr. Ray Mcgurn and subsequently met with him in regard to my compliant filed with Mr. Carr. Present at the meeting with the Commissioner was Mr. Frank Dijames and Mr. Joseph Parisi. I advised Mr Mcgurn in regard to the above complaints and he stated he would have Mr. Dijames come out and re - inspect the properties in question for the above violations. I asked Mr. Dijames if he knew the owner of the property Mr. Finocchi and he stated they were good friends. I asked Mr. Mcgurn if they have a conflict of interest policy and he stated " no they do not ". I voiced my concern on Mr. Dijames friendship with Mr. Finochhi and the chance of his being objective if he was to come out and do the inspection. At that point Mr. Mcgurn reported he would send someone else to check on my compliant. I still haven't heard anything in regard to my complaints with the owners of the properties at 1362 -68 &1360 Kenmore Ave. I've had 2 complaints filed against me which I have made all the repairs. My initial compliant was completely ignored, and I still haven't heard anything in regard to the complaint I filed with the Commissioner! It is apparent that others that know someone in the inspections department have no trouble getting complaints filed, and those of us who don't know anyone, don't even get a response to complaints filed! In regard to Mr. Dijames knowing Mr. Finocchi I also believe he is a childhood friend of Mr Bordanaro the owner of 1360 Kenmore Avenue. I believe this constitutes a conflict of interest! Due to the statements that Mr. Dijames made to my Insurance Co., I have been terminated from them. My reputation has been ruined where my insurance co. believes I have committed fraud. My new Insurance Agent told me that if I file another claim it would be very hard for me to get insurance or they would put me in a risk pool and be very expensive. I believe Mr. Dijames has used his position to influence decisions in favor of his friends, and I would like to file a compliant with the Board of Ethics! Also, when I questioned Mr. Mcgurn in regards to having a conflict of interest policy he should have known there are provisions in the City Charter clearly outlining these. He should have never said he was going to send Mr. DiJames to reinspect after I voiced my concerns in regards to his being objective and being friends with these property owners I'm having a dispute with. I need to have a written response to all the above complaints. I was told that if Mr. Bordanaro's fence is in place for 7 years there would be nothing I could do to have it removed from my property. if there is nothing the city can do to have this fence moved I will pursue legal action on my own. I need to know how to proceed. I "as also sitting in my yard this summer and a vehicle almost ran my fence over while parking at 1362 -68 Kenmore Avenue. I would like a guardrail installed as required by city law as I'm afraid someone is going to drive right through this fence and cause injury to myself and my family. Myself and my neighbors get so much water on our property due to these owners of 1362 -68 and 1360 Kenmore Ave. not having drainage on their parking lots as required. I would also like this taken care of. I was also watching the news recently and observed that if the Inspections Dept. doesn't respond to a compliant that a crime was committed. Finally, I don't know all zoning laws but Mr. Bordanaro purchased both the residential properties at 1360 & 1354 Kenmore Ave. adjacent to his place of business at 1346 Kenmore Ave., (Kenmore Auto Sales). And is using these residential properties to store cars for his commercial business. I'm not sure he's allowed to do this, but I would also like to know the legality of this. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 74 INFO.- LOANS, SERVICES & GRANTS CITY OF ROCHESTER Pamphlet available for review in Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 75 BLACK ROCK - RIVERSIDE GOOD NEIGHBOR PLANNING ALLIANCE We have enjoyed many successes towards resolving several of our short -term goals and also some frustrations in those we haven't been able to achieve. However, we are committed to continue to work with you and your administration to making our community a better place to live, work and raise a family. Our next task is to begin work on a long -term plan. With the continued assistance from your staff our goal is to submit this vision in 2003. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. PETITIONS NO. 76 E. GHEBREAB, OWNER, USE 976 KENSINGTON - SIT -IN RESTAURANT. (HRG. 10/22) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 77 W. XUE, AGENT, USE 1563 AKA 1565 HERTEL FOR SIDEWALK CAFE -PLACE METAL RAILING. (HRG. 10/22) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 78 J. PADILLA -REQ. REMEDIATION REOPEN /BOONE PARK Please file the enclosed petition on behalf of the residents who live near Boone Park in the South District for the Council meeting, of October 15, 2002. If you have any additional questions, comments or concerns please do not hesitate to contact me. REFERRED To THE COMMITTEE ON BUDGET, THE COMMISSIONER OF PUBLIC WORKS AND DIRECTOR OF STRATEGIC PLANNING NO. 79 D. GAVIN & O -REQ. CAZ. POOL - RETAIN SUMMER HOURS OF OPERATION Please file the enclosed petition on behalf of the seniors and residents who use the Cazenovia Pool in the South District for the Council meeting of October 15th, 2002. If you have any additional questions, comments or concerns please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. NO. 80 A. JAMISON & O- OPPOSE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSE -40 HARTMAN PLACE Please include the attached petitions on the agenda for the next Common Council me6ting. The petitions indicate neighborhood opposition to the issuance of any license for alcoholic beverage sales or service at 40 Hartman Place, Buffalo, NY 14207. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE STATE LIQUOR AUTHORITY NO. 81 GEORGE HERRING & O- HAMLIN PARK CONCERNS - RELOCATION OF GAS METERS IN FRONT OF PROPERTIES Please file the enclosed petitions on behalf of the residents of the Hamlin Park Community, for the next Council meeting on Tuesday, October 15, 2002. The citizens of Hamlin Park are concerned about the relocation of Gas meters on the front of their homes and how it affects the depreciation value of their property. If you have any questions, comments or concerns please do not hesitate to contact me at 851 -5145. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND NATIONAL FUEL. NO. 82 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A 1. Michael Argentieri vs. City of Buffalo, et al $950.00 A 2. Modesto Carabello vs, City of Buffalo $2,500.00 A 3. Reginald Cole vs. City of Buffalo $6,000.00 A 4. Donet Comer vs. City of Buffalo $4,000.00 A 5. Sonji Feagins vs. City of Buffalo, et al $3,500.00 A 6. Johnnie Harris vs. COB & Niagara Mohawk $10,000.00 A 7.Rogers Hicks and Mamie Hicks vs. COB et. al. $66,500.00 A 8. Julie B. Hiraldo vs. City of Buffalo $ 1,000.00 A 9. Abimaei Manso -Diaz vs. City of Buffalo $ 4,500.00 A 10. Martha Fischer vs. City of Buffalo $ 2,000.00 A 11. O'Connell vs. City of Buffalo, et al $18,000.00 A 12. Ronnie D. Pompey P /N /G of Lanaysha Michelle Pompey vs City of Buffalo, et al $ 2,500.00 A 13. Carlos Hernandez vs. City of Buffalo $295,000.00 A 14. Nena L. Aljuwani vs. City of Buffalo $ 5,000.00 Charles T. Simmons vs. City of Buffalo $ 1,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys. if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES -13. NOES -0. NO. 83 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B 1. Neko Bishop, 222 Brunswick Blvd., 14208 Claim for personal belongings that were lost at the Kensington Pool on 7 -7 -02. He checked his belongings with the attendant prior to swimming and when he returned there, they could not be found. $238.00 B 2. Edward L. Cheatham, 865 Michigan Ave., Apt. 2 14203 Claim for damages to the windshield of a 1990 Corsica sustained on 5 -27 -02 in front of 19 E. Woodlawn Avenue. A large rotted limb from a City -owned tree fell on the vehicle. The tree had previously been marked for a trimming. $235.03 B 3. Michael Dread, 12 Dover Street 14212 Claim for damages to claimant's property on 5 -6 -02 at 94 Lombard Street. The City demolition crew was demolishing the adjacent house at 96 Lombard Street and damaged some sections of the siding on his by use. $250.00 B 4. Charles Diana, 162 Rebecca Park 14207 Claim for damages to 1998 Nissan Maxima sustained on 6 -7 -02 on Rebecca Park. Blue paint from a City garbage truck accidentally spilled onto the street. Ms. Diana was forced to drive over it to get into her driveway. $429.92 B 5. Frank A. Getz, Jr., 203 Boll Street 14212 Claim for damages to a 1998 Ford Explorer. The vehicle was parked in front of 50 Bogardus Street on 8 -6 -02 when, in the process of picking up the garbage, the sanitation workers spilled paint on the vehicle. $2,561.76 B 6. Lori Glickman, 33 North Pearl Street 14202 Claim for damages to a 1998 Subaru Forester on -10 -02 at 33 North Pearl Street. Large limbs from a City -owned tree fell on the vehicle causing substantial damages. Ms. Glickman is requesting reimbursement for her insurance deductible. The City of Buffalo has previously been made aware of a hazardous condition existing there. $500.00 B 7. Amy Grupp, 36 Irondale Drive 14043 Claim for damages to the house at 48 Houghton Street in April 2002. The City's demolition crew was demolishing the adjacent property at 46 Houghton and inadvertently damaged the claimant's house. $2,250.00 B 8. Sandra Hainesworth, 500 Goodyear Avenue 14211 Claim for damages to a fence, gate and hose at 500 Goodyear Street. City crews demolished a house adjacent to her property and inadvertently damaged the above. City personnel have confirmed this. $333.99 B 9. Amecra Khan, 1026 Sycamore Street 14212 Claim for damages to the driveway at 1026 Sycamore Street sustained on - 3 -8 -02. The City demolition crew was demolishing the adjacent building at 1028 Sycamore Street and in doing so inadvertently damaged claimant's property. $2,000.00 B 10. Edward L. Kabasto, 11 College Street (upper) 14201 Claim for damages to a vehicle on College Street, which occurred on 9 -1 -02. A large branch from a City -owned tree at 11 College Street fell and damaged the car, a 1998 Chevrolet Cavalier. The city had previously been notified of a hazardous condition there. $397.98 B 11.William Kochersperger, 11 College Street 14201 Claim for damages to a vehicle on College Street. which occurred on 9- 1 -02. A large branch from a City -owned tree fell and damaged the vehicle, a 1999 Jeep Cherokee. The City has previously been notified of a hazardous condition there. $1,815.70 B 12.State Farm Insurance Company A /S /O William 14 Littler Claim for damages to a 2002 Ford on 2 -1 -02. A City -owned tree at 80 LaSalle Street fell on the vehicle causing the damages. That tree had previously been marked for removal by the City. The Law Department has investigated this claim and deems it to be valid. $1,303.31 B 13.Carol A. Maims, 550 Montrose Avenue 14223 Claim for damages to a 1985 Chevrolet Monte Carlo sustained on 5 -10 -02 on the Scajaquada Expressway. A city light pole fell and totaled the vehicle. It was found that the light standard was rusted and in dangerous condition. $2,500.00 B 14.Thomas M. Mucci, 831 Stolle Road 14059 Claim for replacement of a tire that was destroyed on 7 -8 -02 in front of 7117 McKinley Parkway. A piece of metal was protruding from the curb and it punctured the tire as claimant was attempting to park. The City of Buffalo had previously been notified of hazardous curbs on McKinley Parkway. $143.33 B 15. Nationwide Mutual Insurance Company A /S /O James B. Otremba Claim for damages to siding and gutters at 123 Sage Street. A City -owned tree fell on 2 -1 -02 causing damages. The tree has previously been marked for removal. The Law Department has investigated claim and deems it to be valid. Nationwide Insurance $1,822.50 James B. Otremba $ 500.00 B 16. Paul J, Pillitieri, 129 Albert Street 14207 Claim for damages sustained to a 1978 Chevrolet Sierra Eight -Foot truck that was damaged while in the care, custody and control of the City of Buffalo at the Seneca Street Police Garage. The truck was impounded for lack of a license plate but was subsequently cleared for release. While it was at the Seneca Street Police Garage, another vehicle came into contact with it causing the damages. The Law Department has confirmed this with Police personnel. $1,198.80 B 17 New York Central Mutual Insurance Company A /S /O Joanna Pacillo Claim for damages to the house at 127 Sage Street on 2 -1 -02. A City -owned tree at 123 Safe fell on the house and knocked the upper porch off. The City had previously marked the tree for removal. $12,376.59 B 18. Pietro Troncone, 84 Hampshire Street 14213 Claim for damages to a 2002 Saturn on 7- 10 -02, which was parked in front of claimant's residence at 84 Hampshire Street. While picking up the garbage that morning, a sanitation worker evidently scratched the vehicle with the tote. $358.59 B 19. Jon Tallman, 2148 Fillmore Avenue 14214 Claim for damages to the driveway at 2148 Fillmore Avenue recently as a result of a City crew demolishing the adjacent property 2144 Fillmore Avenue. $500.00 B 20. Grady Tate, 1073 Smith Street 14212 Claim for damages to a fence at 1073 Smith Street in the spring of 2000. The City's demolition crew was demolishing the adjacent house at 1079 Smith Street and inadvertently damaged twenty -four (24) feet of fencing. $600.00 B 21. Anna M. Woloszyn, 221 Reed Street 14211 Claim for damages to a fence at 221 Reed Street due to a City -owned tree falling into it in February of 2002. The tree was on a City -owned parcel adjacent to Mr. Woloszyn's property. $449.00 B 22. Rita Woodard, 924 Fillmore Avenue 14211 Claim for damage to a wooden and also a chain fir k fence at 5 62 Wilson Street. On 3 -10 -02 a tree from a City -owned lot at 560 Wilson fell onto the fences causing the damage. $756.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES -13. NOES -0. NO. 84 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C 1 ABD Lighting Management Co., Inc. Claim for payment of a prior fiscal year Invoice # 18840 from 9 -30 -2000. This invoice was for work performed on the Council Chambers Ceiling. The invoice was inadvertently billed to another City of Buffalo department and was not received by the City Clerk's Office until September 6, 2002 and must now be paid through the claims process. $1,338.98 C 2. Compel Claim for payment of prior fiscal year Invoices #39013, 37577 and 38933. These invoices were for electrical work performed for the Parking Violations Bureau and the Auto Impound. The invoices were never received by Parking Violations to submit for payment and must now be paid through the claims process. $423.75 C 3. Joseph Davis Mechanical Services Claim for payment of a prior fiscal year Invoice #1743 for services rendered at Buffalo Police Station "E" (June Contract). The Invoice was received after the last date to input requisitions in the MUNIS System for the previous fiscal year and must now be paid through the claims process. $521.00 C 4. EnviroService Corporation Claim for payment of a prior fiscal year Invoice 1952 for services rendered to the Buffalo Fire Department. The Fire Department never received the invoice, although services were performed and must now paid through the claims process. $85.00 C 5. Jaeckie, Fleischmann & Mugel Claim for payment of a prior fiscal year Invoice #92324 for legal services rendered to the Department of Law through June 2002 on the LTV lawsuit. The invoice was received after the last date to input requisitions in the MUNIS System for the previous fiscal year and must now be paid through the claims process. $109,872.32 C 6. Lang & Washburn Electric, Inc. /Dynamic Control Solutions Claim for payment of a prior fiscal year Invoice #276888 for services to the Fire Department, Fire Alarm Office. $58.80 C 7. Morgan Services Claim for payment of various prior fiscal year Invoices for services rendered to the Buffalo Fire Department. The Fire Department had insufficient funds in their account and, therefore, these invoices could not be processed on time for payment and must now be paid through the claims process. $3,793.56 C 8. Queen City Collision Claim for payment of prior fiscal year invoices for towing charges for the Department of Parking Enforcement. The dates of the invoices are 1- 10 -02, 2- 27 -02, 3 -5 -02, 4 -24 -02 and 5- 15 -02. Apparently, these invoices were inadvertently omitted from January, February, March, April and May tows and could not be processed on time for payment and must now be paid through the claims process. $252.00 C 9. URS Corporation Claim for payment of a prior fiscal year Invoices #12811, 13041 and 03880 for services rendered concerning Abby Street Investigation and Remediation. The services were rendered in June, 1999, August, 1999 and March 2000. $169,668.32 C 10. West Group Claim for payment of prior fiscal year Invoices #3100861087, 60016703337, 6002088868, 6004086438, 6004754679 and 6005 5141097 for law books purchased by Council President Pitts. These invoices were not received by Mr. Pitts' office; although the Law Department has verified receipt. $2,089.00 That checks be drawn on the account of Org 1722100- (480205) Judgment and Claims Prior Years, or (4801204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys. if any, herein above named, in the amounts delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES -13. NOES -0. REPORT TO THE CLAIMS COMMITTEES NO. 85 D 1. Ms. Czachorowski, 156 South Ogden Street Claim relating to a tree falling on a fence at 156 South Ogden Street in March of 2002. $275.00 That a check- be drawn on the account of Org 1722100- (480205) Judgment and Claims Prior Years or (480204) Current Fiscal Year, payable to one respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such release is indicated. PASSED. AYES -13. NOES -0. NO. 86 D 2. Ms. DiNatali, 283 Benzinger Street The Department of Law has researched its records and finds no claim in the above name or street address. Claim forms were mailed to claimant. To date, the completed forms have not been returned. That the above mentioned item be and the same is hereby, received and filed. No $ Amt Given Adopted. NO. 87 D 3. Paul Dyson, 116 Hennepin Street, 14206 Claim for fence damage at 116 Hennepin on 12 -30 -01 during snow removal operations. That the above mentioned item be and the same is hereby received and filed. $400.00 ADOPTED. NO. 88 D 4. Donald Hill, 100 Beck Street, Apt. #904, 4212 Item No. 62, C.C.P. 5 -28 -02 That the above item be returned to the Common Council without recommendation. Claim that a snowplow cracked the side view mirror on his vehicle at 565 Humboldt Parkway on 12- 28 -00. That the above mentioned item be and the same is hereby received and filed. $75.00 ADOPTED. NO. 89 MISCELLANEOUS REFUND /REIMBURSEMENT E 1. Richard C. Wyse, 730 Cleveland Drive 14225 Claim or reimbursement of an overpayment of user fee charges on the property commonly known at 340 Bedford Street. $424.64 PASSED. AYES -13. NOES -0 CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 90 APPOINTMENT TRAFFIC SIGNAL SPECIALIST (INTER) (ARMSTRONG) (PW) (ITEM NO. 33- C.C.P. OCT. 1, 2002) That Communication 33, Oct. 1, 2002 be received and filed and the provisional appointment of John Armstrong stated above at the intermediate salary of $31,361 effective on September 17, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 91 APPOINTMENT TRAFFIC SIGNAL SPECIALIST (INTER) (MCCLAIN) (PW) (ITEM NO. 34- C.C.P. OCT. 1, 2002) That Communication 34, Oct. 1, 2002 be received and filed and the provisional appointment of Ashunti McClain stated above at the intermediate salary of $31,361 effective on September 26, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 92 APPOINTMENT WATER METER MECHANIC (MAX) (PW) (ITEM NO. 35- C.C.P. OCT. 1, 2002) That Communication 35, Oct. 1, 2002 be received and filed and the temporary appointment of Karl Hawthorn, Jr. stated above at the maximum salary of $33,350 effective on September 24, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 93 APPT. -FIRE CAPTAIN (PERM. CONT.) (MAX) (FIRE) (CCP #37 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 APPT. -FIRE LIEUTENANT (MAX) (FIRE) (CCP #38 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 APPT. -FIRE LIEUTENANT (PERM. CONT.) (MAX) (FIRE) (CCP #39 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 APPOINTMENTS BUILDING INSPECTORS (CONT. PERM.) (INTER42) (PERMITS /INSP.) (ITEM NO. 46- C.C.P. OCT. 1, 2002) That Communication 46, Oct. 1, 2002 be received and filed and the contingent permanent appointments of Paul M. Banyi, Paul Clift, Kevin Coyne, Christopher F. Curtin, David Gilson and Joseph A. Sacco stated above at the intermediate salary of $39,350 effective on September 27, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 97 APPOINTMENT BUILDING INSPECTOR (CONT. PERM.) (INTER -43) (PERMITS /INSP.) (ITEM NO. 47- C.C.P. OCT. 1, 2002) That Communication 47, Oct. 1, 2002 be received and filed and the contingent permanent appointment of Joseph F. Parisi stated above at the intermediate salary of $40,838 effective on September 27, 2002 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 98 APPOINTMENTS BUILDING INSPECTORS (CONT. PERM.) (MAX) (PERMITS /INSP.) (ITEM. NO. 49- C.C.P. OCT. 1, 2002) That Communication 49, Oct. 1, 2002 be received and filed and the contingent permanent appointments of David P. Gilmour and Terence Predergast stated above at the maximum salary of $43,809 effective on September 27, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 99 APPOINTMENT SUPV. OF BLDG. CONST. (INTER) (PERMITS /INSP.) (ITEM NO. 50- C.C.P. OCT. 1, 2002) That Communication 50, Oct. 1, 2002 be received and filed and the permanent appointment of David J. Grundy stated above at the maximum salary of $44,679 effective on September 27, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 100 NOTICES OFAPPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP #62 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 SALARY ORDINANCE AMENDMENT 37 - DIVISION OF WATER 1380 - MECHANICAL SERVICES (ITEM NO. 134, C.C.P., OCT. 1, 2002) That the Salary Ordinance Amendment as contained in Item No. 134, C.C.P., October 1, 2002, be and the same hereby is approved. PASSED AYES -13 NOES -0 FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 102 BOND AUTHORIZATIONS 'RESCINDING" (ITEM NO. 9, 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 be recommitted to the Committee on Finance. ADOPTED NO. 103 RESULTS OF NEGOTIATIONS - 1733 NIAGARA STREET (ITEM NO. 12, C.C.P., OCT, 1, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. offer was submitted Mrs. Grant moved that the above item be recommitted the Committee on Finance. ADOPTED NO. 104 P. THIELMAN - 529 -535 MONROE STREET (ITEM NO. 76, 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 be recommitted t(, the Committee on Finance. ADOPTED. NO. 105 A. BLUE -FIRST CENT. M.B. CHURCH -REQ. AQ. -289 HIGH ST, (CP) (CCP #18 -SEPT. 17,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 A. BLUE -FIRST CENT. M.B. CHURCH -REQ. AQ. -289 HIGH ST. (STRAT. PLAN.) (CCP #8 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 ROOSEVELT PARK SHELTER HOUSE IMPROVEMENTS - REPORT OF BIDS (ITEM NO. 37, C.C.P., SEPT. 3, 2002) (ITEM NO. 87, 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 be recommitted t(- the Committee on Finance. ADOPTED. NO. 108 WATER BOARD - REVENUE AUDIT - 6/30/00- 6/30/01 (COMPT.) (CCP #21 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 INCREASE FEES FOR LAWN MOWING (CCP #177 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 INCREASE FEES FOR LAWN MOWING (PW) (CCP #37 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 C. FISHER -C. HUNTER - CONCERNS - CONDITIONS OF LISBON & HIGHGATE AVE. (CCP #82 -JULY 23, 02) That the above item be and the same hereby is referred to the Special Committee on Police Reorganization. ADOPTED NO. 112 C. FISHER -A. MIDDLEBROOKS- CONCERNS -L 14 LOCUST ST. (CCP #83 -JULY 23, 02) That the above item be and the same hereby is referred to the Special Committee on Police Reorganization. ADOPTED NO. 113 B. GRANT - SAUNDERS CENTER EXPANSION CONSTRUCTION BIDS (ITEM NO. 70, 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 be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 114 J. HURLEY, PETITION TO USE 346 ONTARIO FOR PARKING LOT ENLARGEMENT, PAVING & DRAINAGE (ITEM NO. 78, C.C.P., OCT. 1, 2002) That after the public hearing before the Committee on Legislation on October 8, 2002, the petition of J. Hurley, agent, for permission to use 346 Ontario Street for a parking lot enlargement, paving and drainage be, and hereby is approved with conditions as set by the City Planning Board. PASSED AYES -13 NOES -0 NO. 116 WAIDENE MURPHY, PETITION TO USE 35 PARADE CIRCLE EAST - ILLUMINATED GROUND SIGN (ITEM NO. 79, C.C.P., OCT. 1, 2002) That the petition of Waidene Murphy, agent, for permission to use 35 Parade Circle East for an illuminated ground sign be, and hereby is approved. PASSED AYES -13 NOES -0 NO. 116 M. BROCKMYRE, PETITION TO USE 1835 NIAGARA STREET - HUMAN SERVICES FACILITY (ITEM NO. 119, C.C.P., SEPT. 3, 2002) (ITEM NO. 12 1, C.C.P., SEPT. 17, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of M. Brockmyre, agent, for permission to use 1835 Niagara Street for a human services facility be, and hereby is approved. PASSED AYES -13 NOES -0 NO. 117 T. NGUYEN, PETITION TO USE 3329 BAILEY AVENUE - AUTO SERVICE (ITEM NO. 84, C.C.P., JUNE 25, 2002) That after the public hearing before the Committee on Legislation on July 2, 2002, the petition of T. Nguyen, agent, for permission to use 3329 Bailey Avenue for an auto service be, and hereby is approved with the following conditions: 1. That there be no outside storage. 2. That no auto repair is permitted in adjoining buildings. 3. That landscaping and pavement be installed in rear area of the building. Passed. AYES -13. NOES -0. NO. 118 W. & G. WONG, USE 3329 BAILEY AVE. -AUTO REPAIR (PLAN. BD) (CCP #3 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, AND THOMPSON -12. NOES - PITTS -1. NO. 119 A. PARIS, OWN., USE 426 W. DELAVAN FOR HSF (HRG. 6/18) (CCP #78 -JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 A. GARCIA & O- OPPOSITION - HSF -426 W. DELAVAN (CCP #81 -JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 PARADISE OPP. INC. -USE 426 W. DELAVAN -HSF (PLAN. BD.) (CCP #7 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 ORD. AMEND.- CHAPTER 133 -CITY PROPERTY (POL.) (CCP #38 -SEPT. 17, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 RESTAURANT DANCING CLASS IV - 946 ELMWOOD AVENUE (ITEM NO. 42, C.C.P., OCT. 1, 2002) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to David Putnam, d /b /a McGarrets, located at 946 Elmwood Avenue. Passed. AYES -13. NOES -0. NO. 124 SECONDHAND DEALER - 500 ELMWOOD AVENUE (ITEM NO. 44, 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 Toni Meldzuk, d /b /a Drop FM located at 500 Elmwood Avenue. Passed. AYES -13. NOES -0. NO. 125 USED CAR DEALER LICENSE - 1642 ELMWOOD AVENUE (ITEM NO. 45, 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 Used Car Dealer license to Richard Urbanski, d /b /a PSR Auto Sales, located at 1642 Elmwood Avenue. Passed AYES -13. NOES -0. I NO. 126 B. GRANT - CONCERNS -27 HEWITT AVE. (CCP #68 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 N. ECKERT- CONCERNS- 182 GARNER (CCP #65 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 CHANGE OF PARKING RESTRICTIONS - 668 -700 MOSELLE STREET (ITEM NO. 147, C.C.P., OCT. 1, 2002) That the Department of Public Works, Parks and Streets change the parking restrictions from 668 to 700 Moselle Street to No Parking on both sides on Monday through Friday from 8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. Passed AYES -13. NOES -0. NO. 129 B. DAVIS -D. SMITH -NATL. FUEL - CONCERNS -CONV. - WASHINGTON ST. TO TWO WAY (CCP #55 -SEPT. 17, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 TRANSPORTATION STUDY - MARTIN LUTHER KING EXPRESSWAY (CCP #247 -MAY 30, 02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 131 TRANSPORTATION STUDY - MARTIN LUTHER KING EXPRESSWAY (PW) (CCP #35 -FEB. 20, 02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 132 NYSDOT REQ. FOR MTG.- REHAB. OF KENSINGTON EXP.- ELM /OAK ART TO RT. 198 (PW) (CCP #37 -MAR. 19,02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 133 RENAMING KENSINGTON EXPWY & HUMBOLDT PKWY (PW) (CCP #30 -DEC. 26, 01) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 134 J BAMACK- NYSDOT- KENSINGTON EXPRESS SAFETY /OPER. ANALYSIS (CCP #63 -APR. 2, 02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 135 B. DAVIS -JAMES MGMT. -HOZO AREA (CCP #69 -JULY 9, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 INCREASE OF TIRE DROP OFF DAYS (ITEM NO. 148, C.C.P., OCT. 1, 2002) That the City of Buffalo request the Erie County Legislature to expand the Tire Drop Off Days in the City of Buffalo; and That the Department of Public Works, Parks and Street Sanitation develop a strategy to pick -up abandoned tires and illegally dumped tires each week from neighborhoods in Buffalo. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 137 REQ. FOR UPDATED LAKEVIEW HOPE VI REVITAL. PLAN RPT. (CCP #176 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 LAKEVIEW PHASE 11 - TRANSFER OF BELLE CENTER - BMHA (ITEM NO. 40, C.C.P., OCT. 1, 2002) That the Common Council does hereby authorize the transfer of 104 Maryland Street to the Buffalo Municipal Housing Authority, and; That the Mayor be and he hereby is authorized to execute the Option to Lease Real Estate between the City of Buffalo and the Buffalo Municipal Housing Authority, a public housing authority organized under the laws of the State of New York and Lakeview Family Homes 2000, LLC, a New York limited liability company. Passed AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON -12. NOES - PITTS -1. NO. 139 FERRY GRIDER HOMES (BMEA) (CCP #55 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 TRANSFER OF TITLE, URBAN HOMESTEAD - 346 MOSELLE STREET (ITEM NO. 15, C.C.P., OCT. 1, 2002) That the city -owned property commonly known as 346 Moselle 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 Woodrow Nelson, residing at 35 East Woodlawn Avenue, 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. SPECIAL COMMITTEES STREETS SERVICES COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 141 REQ. DEV. COMPREHENSIVE STREET CLEANING PLAN (# 133, 3/6) (# 192, 1/23) (CCP #48 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 REQ. DEV. COMPREHENSIVE STREET CLEANING PLAN (4134, 3/6) ( #34, 2/20) (CCP #49 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 ASSIGN. - MANUAL STREET SWEEPER /CLEANER (LABORER) (# 13 7, 3/6) (# 181, 2/20) (CCP #50 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 ASSIGN.- MANUAL STIR. SWEEPER/CLEANER (LABORER) (PW) (427, 3/20) (CCP #51 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 R. JOWSEY- SANITATION CANS/WORKERS (CP) (CCP #27 -APR. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 MONTHLY REPORT FROM DIV. OF CIT. SVS. APRIL 2002 (CIT. SVS.) (CCP #1 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 SPRING - SUMMER STAFFING /RESPONSIBILITIES 2002 (PW) (CCP #28 -MAY 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 B. GRANT -R. GALLIVAN -WASTE & TRASH -COB (CCP #72 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 ADD LOT MAINT. /STR. SWEEPING PLANS TO ANN. REQ. FOR A SNOW REM. PLAN (CCP #191 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 ADD LOT MAINT. /STR. SWEEPING PLANS TO ANN. REQ. -SNOW REM. PLAN (PW) (CCP #33 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 A. THOMPSON -E. MCBRIDE- VACANT LOTS (CCP #91 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 A. THOMPSON -B. GANDY- VACANT LOT - CAMBRIDGE AVE. & SQUAJAQUADA (CCP #92 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 R. CROCHET - PROPOSAL - DISPOSAL OF WOOD WASTE, ETC. (CCP #98 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 154 BY: MR. COPPOLA SALARY ORDINANCE AMENDMENT 55 - COMMUNITY SERVICES 1412 -SENIOR SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Division of Community Services, 1412 - Senior Services, which currently reads: 7 Senior Citizen Specialist Supervisor $29,313-$ 33,776 1 Senior Citizen Specialist $26,316-$ 29,652 is hereby amended to read: 4 Senior Citizen Specialist Supervisor $29,313-$ 33,776 4 Senior Citizen Specialist $26,316-$ 29,652 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. DONALD 0. ALLEN, COMMISSIONER OF COMMUNITY SERVICES AND JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. 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 PASSED AYES -13. NOES -0. NO. 155 By:Mr. Coppola PRORATED LICENSES Whereas: The City of Buffalo Department of Permit and Inspection Services currently issues various licenses that expire on the same date each year (September 30th ); and Whereas: Many license applications originate at various times throughout the course of the year are charged the full -year rate; and Whereas: The fact that an applicant is charged for the license at the full rate, even though the date of issuance may be up to one day before the expiration, is an unfair charge to applicants -, and Whereas: The Division of Licenses does not have a mechanism in place at this current time to prorate fees to reflect a more appropriate charge, and Whereas: A schedule that would allow for a license to be prorated, for original license issuance's only, would be more encouraging for applicants as well as being business friendly. Now therefore be it resolved: That the Common Council requests the Department of Permit and Inspection Services to devise a mechanism to allow for the prorating of license fees; and Be it further resolved: That the prorated fee only apply to an original license. ADOPT FIRST RESOLVE, THE REMAINDER TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 156 BY: Council Member Davis MICHIGAN STREET PRESERVATION AREA URBAN RENEWAL PLAN APPROVAL WHEREAS, the Common Council of the City of Buffalo has designated the Michigan Street Preservation Area as being eligible and appropriate Urban Renewal treatment, as defined in Article 15 of the New York State General Municipal Law and authorized the preparation of an Urban Renewal Plan on July 23, 1987, C.C.P. No. 140; and WHEREAS, the City Planning Board, upon conducting a public hearing, held on due notice, did consider the Urban Renewal Plan, as prepared by the Office of Strategic Planning, and did submit its report and unqualified recommendations respecting said Plan to the Common Council; and WHEREAS, the proposed Urban Renewal Plan conforms to, and furthers the implementation of the Comprehensive Plan for the City of Buffalo, and furthers the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; WHEREAS, the Urban Renewal Plan will implement a program of site assembly and redevelopment to upgrade the area along with other private and public improvements to encourage participation in these programs by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That the "Michigan Street Preservation Area Urban Renewal Plan ", as prepared by the Office of Strategic Planning, and as approved by the City Planning Board and the Buffalo Urban Renewal Agency, be and the same is hereby approved; 2. That the Urban Renewal Plan Project Area is substandard and tends to impair or arrest the sound growth and development of the municipality; 3. That the Plan as herein approved has been duly reviewed and conforms to the comprehensive plan for the development of the municipality and the community as a whole; 4. That the plan affords maximum opportunity to private enterprise, consistent with the sound needs of the municipality as a whole, for the undertaking of an urban renewal program; 5. That the Mayor is hereby authorized to execute any and all deeds or other documents necessary to acquire and convey lands in the Urban Renewal Area to the City of Buffalo or the Buffalo Urban Renewal Agency, upon the approval of said deeds or other documents by the Corporation Counsel; and 6. That the City of Buffalo and the Buffalo Urban Renewal Agency are hereby authorized to acquire by gift, grant, purchase, devise, condemnation, eminent domain or otherwise the property located within the Project Area, as defined within said Plan, in furtherance of the Urban Renewal Plan. WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED - 1. That the Mayor, the Chairman, 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 157 BY MR. DAVIS APP CONTRACT —DSALE OF LAND 421 PEARL WHEREAS, the City Clerk has published a Notice of Public Hearing, as, required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED 1. That the Mayor, the Chairman, 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 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 158 BY: Council Member Davis SET PUBLIC HEARING, MICHIGAN STREET PRESERVATION AREA URBAN RENEWAL PLAN WHEREAS, the Common Council of the City of Buffalo has designated the Michigan Street Preservation Area as being eligible and appropriate for Urban Renewal treatment as defined in Subdivision 3 of Section 502 of Article 15 of the New York State General Municipal Law and has authorized the preparation of such a Plan; and WHEREAS, the City Planning Board, upon conducting a public hearing held on due notice, did consider said Plan, prepared by the Office of Strategic Planning, and approved the proposed Urban Renewal Plan at its Meeting of September 24, 2002, and did submit its report and unqualified recommendations respecting said Plan to the Common Council; and WHEREAS, Article 15 of the General Municipal Law requires that an Urban Renewal Plan be approved only after a public hearing is conducted by the governing body, upon due notice; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" for five (5) consecutive days in the Buffalo News and the City Record, beginning no later than the 28th day of October 2002; and 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:00 p.m. in the Common Council Chambers on November 12, 2002. ADOPTED. NO. 169 BY: COUNCILMEMBER DAVIS SET PUBLIC HEARING SALES AND PURCHASE AGREEMENT - CONTRACT OF SALE —421 PEARL STREET WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Sales and Purchase Agreement - Contract of Sale for the disposition of 421 Pearl Street; and WHEREAS, the terms of said Contract has been approved by the City of Buffalo Urban Renewal Agency -, and WHEREAS, said Contract has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1 . That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of October 2002. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 29th of October 2002. ADOPTED. NO. 160 By: Mr. Davis RE: ORDINANCE AMENDMENT CHAPTER 307 - PARKING AND PARKING LOTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 307 -34 of Chapter 307 of the Code of the City of Buffalo be amended to read as follows: § 307 -34. Unauthorized use or removal of vehicles. A. It shall be unlawful for any licensee of a parking lot to make or permit any use for any purpose whatsoever of any vehicle parked in such place, unless the use shall have first been expressly authorized by the owner or person having control of such vehicle. No licensee shall transfer or caused to be moved or transferred any parked vehicle through or upon the street without the consent of the owner or persons having control of such vehicle, except parking lots under common ownership separated by a public street commonly known as an "alley ". B. Notwithstanding the provisions of 307 -34(A) above the parking lot licensee shall have the right to request the removal of a vehicle parked on the lot without the licensee's consent. Such removal shall be done by a tower duly licensed by the City of Buffalo as required by Section 454 -2 of the Code of the City of Buffalo. The licensed city tower shall promptly notify the police precinct in which the vehicle was located at the time of towing pursuant to New York Vehicle and Traffic Law S121 0(c) Any licensee of a parking lot in may cause a vehicle to be disabled through the use of any mechanism which will not permanently damage the vehicle in the event that a vehicle is parked without consent on the licensed parking lot. The licensee may require payment of the maximum daily rate for parking for each day the vehicle remains disabled on the lot. In addition, the licensee may charge a fee of not more than Seventy -Five Dollars ($75) for the services involved in the installation and removal of any device used for purposes of disabling the vehicle. C. In the event a vehicle is towed at the direction of a parking lot licensee by a tower duly licensed by the City of Buffalo, then that licensed city tower shall have the authority to charge such rates and fees as allowed by Section 479 of the Code of the City of Buffalo for the release of such vehicle. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter underlined is new PASSED. AYES -13. NOES -0. NO. 161 By: MR. FISHER APPOINTMENTS: LEGISLATIVE AIDE & ASSISTANT LEGISLATIVE AIDE I hereby appoint the following individuals as my legislative assistants effective October 7.2002. Appointee: Calvina M. Wilkins 33 Mercer Avenue, Buffalo 14214 Title: Legislative Aide Appointee: Jacqueline Davis 468 Dodge Street, Buffalo 14208 Title: Assistant Legislative Aide ADOPTED. NO. 162 By: Messrs. Golombek & Bonifacio REGISTRATION OF PROPERTY OWNERS, MORTGAGEES AND TAX AGENTS Whereas: Officials of the City of Buffalo receive daily correspondence from residents concerned with illegal and /or nuisance activity at houses owned by absentee landlords, and Whereas: It has been demonstrated that contacting the property owner directly and discussing a resolution to the problem is often a very effective way to restore a positive quality of life in the area surrounding the troubled property, and Whereas: Section 28 -5 of the City of Buffalo Charter states: Each owner of lands in the city and each mortgagee of any such lands shall file with the department a written statement showing his or her name, address, and telephone number and giving a description of each parcel of such land of which he or she is the owner or mortgagee. The address given shall not be a post office box. Upon any change in the name, address or telephone number, a written notice of such change shall be filed with the department of assessment and taxation, and Whereas: Too often the address listed within the City of Buffalo assessment records is not the address of the property owner or mortgagee of the property. In many instances persons that own multiple properties within the City of Buffalo list a different address for each property owned with none of the addresses being the actual address of the property owner or mortgagee, and Whereas: The listing of post office boxes, prohibited under the aforementioned section of the Charter, occurs regularly within the assessment records, and Whereas: Without the proper information to contact the owner or mortgagee of a property the persons that City of Buffalo residents hold accountable for the quality of life in their community are unable to effectively address illegal and /or nuisance behavior in absentee owner properties. Now, Therefore, Be It Resolved: That this Honorable Body strongly feels that information necessary to help maintain and /or improve the quality of life in the City of Buffalo should be accurate in the manner described by the related ordinances, and Be it Finally Resolved: That the Buffalo Common Council believes there should be a penalty, in the form of a fine, for those property owners that do not supply the legally required information on the properties that they own. This Honorable Body requests a response on this resolution from the following departments - Administration and Finance, Assessment and Taxation and Permits and Inspection Services. These responses are to be filed in the City Clerk's office by 2:OOpm October 24, 2002. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE DIRECTOR OF ASSESSMENT NO. 163 By: Mrs. Grant INCREASED APPROPRIATION PUBLIC WORKS WATER That pursuant to §20- 11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments for Water, be and the same hereby is increased in the sum of $177,131. That the Comptroller be and hereby is authorized and directed to increase the estimate as set forth below: From: 13112001 - 411001 Construction of Streets -Annual Salary $ 905 13113001 - 411001 Operation & Maintenance of Bridges - Annual Salary $16,331 13116001 - 411001 Lighting of Streets - Annual Salary $39,82 13191001 - 411001 Traffic Engineering- Annual Salary $53.030 13296001 - 411001 Operation & Maintenance of Buildings - Annual Salary $67,04 To: 17523008 - 489151 Transfer to Enterprise Fund Water $177.131 From: 17523008 - 489151 Transfer to Enterprise Fund Water $177,131 To: 53371090 - 391010 Water Transfer In From General Fund $177,131 From: 53371090 - 391010 Water Transfer In From General Fund 177,131 To: 53003626 - 432004 Engineering & Inspection - Engineering and Technical Services $177,131 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 164 BY: Mrs. LoTempio WAIVE LICENSE AND PERMIT FEES - HABITAT FOR HUMANITY Whereas: Habitat for Humanity has a stellar reputation as a not - for - profit housing organization; and Whereas: Their volunteer work force continues to rehab older houses and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the city, all the while strengthening our communities; and Whereas: Ninety -six cents of every dollar Habitat for Humanity spends is strictly directed to construction expenses; and Whereas: For the calendar year 2002 Habitat for Humanity will complete twelve houses and for calendar year 2003 Habitat for Humanity forecasts to rehab or build fifteen houses; and Whereas: During their building season of 2002, Habitat for Humanity completed house number 100, which is considered a significant milestone, and they completed house number 101 which is being called the first house of the next one hundred; and Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City waive all license permit fees for 2002- 2003;and Whereas: The City of Buffalo, especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City's neighborhoods; Now Therefore Be It Resolved: This Common Council waives all 2002 -2003 housing and construction license and permit fees for Habitat for Humanity of Buffalo in order to promote the goal of increasing home ownership. PASSED. AYES -13. NOES -0. NO. 166 By: Mrs. Martino APPLICATION FOR FUNDING TO REMEDIATE BOONE PARK Whereas: Whereas, the City of Buffalo, herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work. as described in its application and attachments, herein called the "Project," is desirable, is in the public interest, and is required in order to implement the project; and Whereas: Whereas, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. Now, Therefore, Be It Resolved: By this body that Mayor Masiello is the representative authorized to act in behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State Assistance; and Be It Further Resolved: That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within (12) months of written approval of its application by, the Department of Environmental Conservation, and Be It Further Resolved: That one (1) certified copy of this Authorization be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance -, and Be It Finally Resolved: That this Authorization take effect immediately. PASSED. AYES -13. NOES -0. NO. 166 By: Mr. Pitts APPOINT DR. JOSEPH GARDELLA TO THE BUFFALO PEST MANAGEMENT BOARD Whereas: The Buffalo Pest Management Board (PMB), was set up by the City of Buffalo in 1990 to help City departments reduce unnecessary use of toxic pesticides; and Whereas: The PMB has been very effective in its mission and is currently working to help the City implement its Sunset Ordinance, which phased out most municipal uses of toxic pesticides over a three year period; and Whereas: Mr. Will Stoner, who served well on the Board, has resigned, and Dr. Joseph Gardella, a Chemistry Professor at SUNYAB, has expressed a willingness to Join the Pest Management Board and contribute to its mission; and Whereas: Dr.Gardella received his Ph.D. in Analytical Chemistry from the University of Pittsburgh, has been a Professor of Chemistry and Biomaterials at SUNYAB since 1992 and a faculty member at SUNYAB since 1982, and has served as the Director of the UB Materials Research Instrumentation Facility and Chair of the University Environmental Task Force; and Whereas: Dr. Gardella maintains an active research program in the study of environmental and polymer surface chemistry and biomaterials, directing a research group of 12 to 15 students; and Whereas: Dr. Gardella's research work has been funded by industry, the Office of Naval Research, the National Science Foundation and the National Institutes of Health and has resulted in over 150 articles being published and 160 invited lectures worldwide; and Whereas: In addition, Dr. Gardella served as Chair of the Western New York Section of the American Chemical Society in 1992. Now, Therefore, Be It Resolved That: This Council appoints Dr. Joseph Gardella of 178 Admiral Road, Buffalo, NY 14216 to the Buffalo Pest Management Board; and Be it Further Resolved That; The City Clerk be directed to send certified copies of this resolution to Mayor Anthony M. Masiello and to David Hahn Baker and Nancy R. Smith, Co- Chairs of the Buffalo Pest Management Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF COLLECTIONS NO. 167 By: Mr. Thompson MWBE WORKFORCE GOALS Whereas: This Common Council of the City of Buffalo has adopted Minority Women Business Enterprise Workforce Goals for City projects of 25% for MBE and 5% for WBE's; and Whereas: W /MBE goals on upcoming projects in the Masten District such as the North Jefferson Library, 60 Hedley, 735 Humboldt and improvements to Martin Luther King, Jr. Park must be established and enforced; and Whereas: These projects shall have minority and women hiring goals of 25% for minorities and 5% for women; Now Therefore Be It Resolved That: The Department of Public Works, Parks and Streets establish Minority Business Enterprise Workforce Goals of 25% and 5% Women Enterprise requirements for the new Jefferson Library, 60 Hedley Place, 735 Humboldt and the Martin Luther King, Jr. Park Construction Project; and Be It Finally Resolved That: The Department of Public Works Street Sanitation establish workforce requirements of 25% for minorities and 5% for women on the new Jefferson Library, 60 Hedley Place, 735 Humboldt and the Martin Luther King, Jr. Park Construction Project and all workforce MWBE requirements shall be included in all advertisements and bid documents from this day forward. This shall not apply to existing contracts prior to the adoption of this resolution. ADOPTED. NO. 168 By: Mr. Thompson POVERTY ANALYSIS Whereas: Child and family Poverty as well as declining neighborhood conditions has been increasing in the City of Buffalo; and Whereas: The City of Buffalo is currently going into its 29th year of Federal Community Development Block Grant funding; and Whereas: Community Development Block Grant funding was created to address poverty in communities across the country; and Whereas: Poverty is going up not down and a critical analysis is needed to better address poverty issues in the City of Buffalo; Now Therefore Be It Resolved That: The Office of Strategic Planning provide this Common Council a Poverty analysis in the County of Erie, the City of Buffalo and the Masten district from 1970 to present, an analysis of Child and Poverty, a analysis of neighborhood and housing conditions and a analysis of literary, unemployment and business ownership. REFERRED TO THE COMMITTEE ON COMMUNITY EVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING NO. 169 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 Frank and Lillian Barilko by Councilmembers LoTempio & Golombek ADOPTED. NO. 170 By: Mr. Thompson APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the city JAQUELINE DAVIS TOTAL:1 ADOPTED UNFINISHED BUSINESS NO. 171 REAPPORTIONMENT COMM. W /ATTACHED MAP AS AMENDMENT (CP) ( #28- 7/9/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino. CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mrs. Martino ADOPTED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. NO. 172 G. ARTHUR -CIT. ADV. COMM. ON REAPPT. -COB 2002 REDISTRICTING RECOMMENDATIONS ( #51,5/28) ( #153 - 7/9/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mrs. Martino ADOPTED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. NO. 173 REDUCING THE SIZE OF BFLO. COMMON COUNCIL TO NINE MEMBERS ( #178,6/25) ( #156 - 7/9/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Golombek CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Golombek. ADOPTED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. NO. 174 ADOPT SEVEN MEMBER COMMON COUNCIL -SIX (6) AT LARGE COUNCILMEMBERS & ONE (1) COUNCIL PRESIDENT ( #173 - 7/9/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mrs. Martino. ADOPTED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. NO. 175 LOCAL LAW INTRO. #9 (2002)- AMENDING CHARTER TO ELIMINATE ONE AT LARGE SEAT AND ONE DISTRICT SEAT ( #153 - 7/23/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Franczyk CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Franczyk. ADOPTED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. Mr. Thompson moved to adjourn said meeting. Seconded by Mrs. Grant. AYES - DAVIS, FISHER, GRANT, GRAY, THOMPSON -5. NOES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO, PITTS -8. NO. 176 LL INTRO #1 3- (2002) -LEGAL BOUNDARIES -9 DISTRICTS ( #141 - 10/1/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino. CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mrs. Martino. PASSED. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO -7. NOES - DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6. NO. 177 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct. 22, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, Oct. 22, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, Oct. 22, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, Oct. 23, 2002 at 11:00 o'clock A.M. Committee on Education Wednesday, Oct. 23, 2002 at 2:00 o'clock P.M. Special Committees Special Legislation Comm.Wednesday, October 16,2002 at 10:00o'clock A.M. in Room 1417 City Hall on the Maintenance and Dredging for Scajaquada Creek and Hoyt Lake. Special Legislation Comm. Thursday, October 17, 2002 at 9:30 o'clock A.M. in Room 1417 City Hall on the Contract for Architectural Salvage submitted by Law. Reapportionment Thursday, October 17, 2002 at 2:00 o'clock P.M. in the Council Chambers. Special Comm. Dev. Comm. Thursday, October 17, 2002 at 6:00 o'clock P.M. at the Buffalo Museum of Science, 1020 Humboldt Pkwy., Bflo. NY 14211 MBEC Monday, Oct. 21, 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. 178 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 5:46 p.m. CHARLES L. MICHAUX, III CITY CLERK