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Home My WebLink About02-0709-ss0620-ss0628No.14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO July 9, 2002 Special Session June 20, 2002 June 28, 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 PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (JULY 9, 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 (June 25, 2002) were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT R. Chainani 1122 Elmwood Ave. AKA 577 Forest Sidewalk cafe Item No. 79, C.C.P. 6/11/02 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Business District. The applicant seeks to expand an existing sidewalk caf6 with an additional 201x61 of patio space encroaching the right -of -way on the Forest side of the property at 1122 Elmwood Ave. AKA 577 Forest Ave. The Planning Board voted to approve the proposed sidewalk cafe expansion with the following conditions: 1. No outside music. 2. Closing at 11 pm. 3. All trash generated by the use of the patio is the responsibility of the operator of the patio. RECEIVED AND FILED FROM THE CITY PLANNING BOARD No. 1 Linwood Ave. Church of Christ 2523 Main St. Accessory ground "ID" sign Item No. 83, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 8'x5'x8' ground "ID" sign at 2523 Main Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The current zoning prohibits free standing signs and the applicant has an application before the Zoning Board of Appeals. The Planning Board has no objection to the proposed sign at an overall height of 8' with a landscaping component at the base of the sign. RECEIVED AND FILED NO. 2 Goodwill Industries of WNY 1119 William St. Accessory pole "ID" sign Item No. 70, C.C.P. 6/11/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 5'1 "x12' and 2 99 x7' pole "IDII sign at an overall height of 201111 located at 1119 William Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The proposed sign is also located within the Thruway Industrial Park Urban Renewal Plan Pilot Project. The Planning Board voted to deny the proposed sign at that height and are disappointed that the Common Council had taken action without hearing from the Planning Board. The Planning Board over the past several years has been promoting ground monument type signs throughout the entire city and has not approved any signs above an 18' height. RECEIVED AND FILED NO. 3 R. Chainani 577 Forest AKA 1122 Elmwood Ave. Sidewalk cafe Item No. 30, C.C.P. 6/11/02 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Business District. The applicant seeks to expand an existing sidewalk caf6 with an additional 20'x6' of patio space encroaching the right -of -way on the Forest side of the property at 577 Forest Ave. AKA 1122 Elmwood Ave. The Planning Board voted to approve the proposed sidewalk cafe expansion with the following conditions: 1. No outside music. 2. Closing at 11 pm. 3. All trash generated by the use of the patio is the responsibility of the operator of the patio. RECEIVED AND FILED NO.4 NO. 5 Ya Ya's Bayou Brew House 621 -623 Main St. Awning Item No. 29, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 413 -56 of the Buffalo Code, Awnings, canopies and marquees. The applicant seeks to encroach the right -of -way, by 41, with the installation of a 301x41 awning at 621 -623 Main Street on the Washington Street side of the property. Under SEQR the proposed awning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the awning. RECEIVED AND FILED NO. 6 R. Morreale 1503 Hertel Ave. Sidewalk cafe Item No. 31, C.C.P. 6/11/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 17'x11' sidewalk cafe at 1503 Hertel Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the proposed sidewalk cafe request since the Common council has already approved the item without any input from the Planning Board. RECEIVED AND FILED NO. 7 Bistro Vita Buffalo, LLC 929 Elmwood Ave. Sidewalk cafe Item No. 48, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 27'x8' sidewalk cafe at 929 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 receive and file the proposed sidewalk cafe request since the Common council has already approved the item without any input from the Planning Board. RECEIVED AND FILED NO. 8 R. Roehm 3043 Main St. Wholesale and Retail Bakery Item No. 81, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 511 -79.5 of the Buffalo Code, Transit Station restricted uses. The applicant seeks to convert an existing used clothing store into a doughnut bakery with wholesale and retail counter sales at 3043 Main Street. Under SEQR the proposed bakery is an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed bakery. RECEIVED AND FILED NO. 9 Joy Scime 3396 Bailey Ave. Restaurant Item No. 85, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered 'the matter captioned above pursuant to Section 511 -65 of the Buffalo Code, Kensington Bailey District. The applicant seeks to use the premises at 3396 Bailey Avenue as a restaurant. Under SEQR the proposed restaurant is considered an unlisted action which may boa studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant. RECEIVED AND FILED NO. 10 Richard Wicks 173 Allen St. Take -out restaurant, outdoor seating Parking Item No. 86, C.C.P. 2/25/2002 The City Planning Board at its regular meeting held Wednesday, July 2, 2002, considered the matter captioned above pursuant to Section 511 -57 of the Buffalo Code, Allen Street District. The applicant seeks convert an existing 1 story storage building into a take -out restaurant with outside seating and off street parking at 173 Allen Street. Under SEQR the proposed outdoor patio is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the use for the proposed take -out restaurant with outside seating and off street parking conditioned on Design and Site Plan approval, by the City Planning Board, and Preservation Board approval for any exterior work at the site. RECEIVED AND FILED NO. 11 J. Braciszewski 601 -621 Hertel Ave. Human Service Facility Item No. 87, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered 'the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks construct a 2 story 8 unit dwelling for use as transitional housing services as a human service facility. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no concentration of similar uses within Y2 mile radius of the site. RECEIVED AND FILED NO. 12 K. Shaffer & T. Francis 1384 Hertel Ave. Restaurant Item No. 88, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 511 -59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to use a store front of a multi- tenant building for a restaurant operation at 1384 Hertel Avenue. The Planning Board voted to recommend approval of the proposed restaurant. RECEIVED AND FILED NO. 13 Elmer Maldonanado, 212 Grant St. Sidewalk cafe Item No. 50, C.C.P. 6/25/2002 Item No. 89, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered -the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 18'x8' sidewalk cafe at 212 Grant on the Lafayette Street side of the property. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1. No outside music; 2. No outside trash receptacles; 3. Closing at 11 P.M. RECEIVED AND FILED NO. 14 R. Sherwood 1106 -1108 Lovejoy Ave. Sidewalk cafe Item No. 48, C.C.P. 6/25/2002 Item No. 90, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 22'x6' sidewalk cafe at 1106 -1108 Lovejoy Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1. No outside music; 2. No outside trash receptacles; 3. Closing at 11 P.M. RECEIVED AND FILED NO. 15 S. Shapiro 343 Elmwood Ave. Accessory ground "ID" sign Item No. 92, C.C.P. 6/25/2002 The City Planning Board at its regular meeting held Tuesday, July 2, 2002, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a non - illuminated 3'x6' ground "ID" sign at an overall height of 61 located at 343 Elmwood Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The current zoning prohibits free standing signs and the applicant has an application before the Zoning Board of Appeals. The Planning Board has no objection to the proposed sign at an overall height of 5' with a landscaping component at the base of the sign. RECEIVED AND FILED NO. 16 Urban Renewal Site Designation Michigan Street Preservation Area Planning Board Approval The City Planning Board at its meeting of June 18, 200 - adopted the following resolution designating the Michigan Street Preservation Area as appropriate for Urban Renewal Treatment. City Planning Board Resolution Ms. Swartz offered the following resolution, seconded by Mr. Lyons, 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 18th Day of June, 2002 adopt the following resolution: WHEREAS, the Office of Strategic Planning has recommended that 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 east, the street centerline of William Street on the south, the street centerline of Elm Street on the west, and the street centerline of Broadway on the north, be designated as a substandard, insanitary area which tends to impair and arrest the sound growth and development of the municipality, and be designated as being appropriate for urban renewal treatment; and WHEREAS, the designation of said area will allow for the systematic, long term, preservation, restoration, and revitalization of this historically significant area; and WHEREAS, the designation of said area 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, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on June 18, 2002 at 8:15 a.m., at which hearing the proposed site designation 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 Designation of the above described Michigan Street Preservation Area as being a substandard, insanitary area which tends to impair or arrest the sound growth and development of the municipality, as defined in Subdivision 3 of Section 502, Article 15 of the New York State General Municipal Law, and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, and the as being appropriate for urban renewal treatment; and BE IT FURTHER RESOLVED, that, the Executive Director of the Office of Strategic Planning is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the: designated Michigan Street Preservation Area. AYES: Messrs. Berg, Lyons, Gioia, Ms. Schwartz NOES: None ABSENT: Mr. Morrell, Mr. Bums, Ms. Hoyt REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 CERTIFICATE OF EXCEPT 38 SWAN The Buffalo Preservation Board approved the issuance of a Certificate of Exception for the property listed above. The owner /contractor is authorized to perform the following exterior work: Install a 22' 1. x 5'w. seasonal sidewalk caf6 at grade in front of existing restaurant to include the following: 2, 11' 1. x 5' h. canvas curtains /end pieces with lettering mounted on railings & slipped into drilled holes in sidewalk; 4 tables /16 chairs NOTE: TABLES /CHAIRS, CURTAINS & END PIECES ARE TO BE STORED INDOORS EACH NIGHT... Recover existing canvas awning over front entry "in- kind" NO DEVIATION PERMITTED:: Section 337 -25 of the Buffalo Preservation Code states that it shall be unlawful to deviate from the proposed plans or any modification required thereto as approved by the Preservation Board. COURT ACTION: Section 337 -30 of the Buffalo Preservation Code states that the Corporation Counsel is empowered to seek an injunction or other appropriate court order where it appears that the owner is about to do or is doing work violation of any of the provisions relating to the issuance of this Certificate. PENALTIES: Section 337 -32 of the Buffalo Preservation Code states that a violation is punishable by a fine not exceed five hundred dollars ($500.00) or by imprisonment not exceeding fifteen (15) days. Every day of such violation in be held to constitute a separate offense. THIS IS NOT A BUILDING PERMIT! It is the responsibility of the owner to see that all required permits a issued prior to commencement of the actual work. If a building permit is required, you must apply no later than six months from the date of this Certificate. RECEIVED AND FILED No. 18 Urban Renewal Site Designation Michigan Street Preservation Area With the support and encouragement of Brian C. Davis, Ellicott District Council Member, the Office of Strategic Planning is proposing to establish a long term, comprehensive renewal program for the redevelopment and revitalization of the Michigan Street Preservation Area, which is generally bounded by the street centerline of Nash Street on the east, the street centerline of William Street on the south, the street centerline of Elm Street on the west, and the street centerline of Broadway on the north. The Michigan Street Preservation Area has been nationally recognized for its unique cultural resources and historically significant buildings. This two -block area has been at center stage in the epic history of Buffalo's African- American Community. The Area's unique and significant cultural heritage includes: The Michigan Street Baptist Church, at 511 Michigan Street, was built in 1845 by Buffalo's free Blacks and served as, a 'Station' on the Underground Railroad. The Church played a leadership role in the Abolition Movement. The Church has been listed in the National Register of Historic Places. The Rev. Dr. J. Edward Nash Home, at 36 Nash, is a Local Historic Landmark, in recognition of Rev. Nash's instrumental role in the founding of the Buffalo Urban League and the local branch of the NAACP. The home of Mary B. Talbert, one of the founders of the Niagara Movement, was located at 521 Michigan. The Colored Musician's Club, at 145 Broadway, also a Local Historic Landmark, is noted for hosting the giants of American Jazz. The Little Harlem Night Club, at 494 Michigan Street, has been described as one of the most important nurseries of American Jazz. The Little Harlem was lost to an unfortunate fire in early 1993. As a first step in undertaking a comprehensive planning, preservation, and redevelopment program for the Area, it is requested that the Common Council approve the Designation of the Michigan Street Preservation Area, pursuant to Section 504 of the General Municipal Law, and Section 105(D) of Title I of the Housing Act of 1949, as a substandard, insanitary area which tends to impair or arrest the sound growth and development of the municipality, and that the Area be designated as appropriate for urban renewal treatment. The City Planning Board approved the proposed Urban Renewal Site Designation at its meeting of June 18, 2002, after conducting a public hearing, and upon due notice, and recommended that the Site Designation be approved by your Honorable Body (Attached). It is respectfully requested that your Honorable Body act on the proposed Site Designation by scheduling a Public Hearing to be held at your meeting of July 23, 2002, and by the adoption of an appropriate authorizing resolution. Attached, please find a Map of the proposed Site Designation Area, a draft Resolution scheduling the requested Public Hearing, a draft Public Hearing Notice, and a draft Authorizing Resolution for your consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 Abandonment and Sale of 707 Washington, North Comer of Tupper Former Fire Station Lot Size: 101'x 132' Assessed Valuation: $ 75 Improvements: $208,200 Land: $284,100 The Office of Strategic Planning, Division of Real Estate, has received a request to acquire the former fire station located at 707 Washington Street from Mr. Hal Leader, of Printing Prep Inc., 12 East Tupper Street, Buffalo, New York 14203. Printing Prep, Inc. intends to acquire and use the property to expand it's printing business. The property consists of 11, 715 square foot one story brick structure situated on a lot 10 V x 132'. The building improvements are in fair to good condition. Your Honorable Body may authorize the abandonment and sale of the property pursuant to Article 27, Section 27 -5 of the City Charter. In accordance with Article 27 -5 of the City Charter; Mr. Leader has commissioned an appraisal of the property. The property was appraised by Mr. Howard Schultz of Howard Schultz and Associates, 306 Delaware Avenue, Buffalo, New York 14203. He has estimated the fair market value of the property to be Two Hundred Ten Thousand Dollars ($210,000.00). The Appraisal Review Board has reviewed the appraisal, concurs with the appraiser's estimate of value and has recommended the appraised value of Two Hundred Ten Thousand Dollars ($210,000 -00). The value was established by the appraiser using the market comparison approach. The results of our negotiations are that Mr. Leader has agreed to purchase the property "as is" and is prepared to pay a purchase price of Two Hundred Ten Thousand Dollars ($210,000.00) and close within,45 days of Common Council approval. The City will provide an updated search and survey for the property. I am recommending that Your Honorable Body approve the sale of 707 Washington to Mr. Hal Leader, Printing Prep, Inc. in the amount of Two Hundred Ten Thousand Dollars ($210,000.00). 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. REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF FIRE AND CORPORATION COUNSEL. NO. 20 Amend Lease Agreement Between City of Buffalo And Grassroot Gardens of Buffalo Item No. 12, C.C.P. 6/12/01 The Office of Strategic Planning, Division of Real Estate, has received a letter from the Grassroot Gardens of Buffalo to amend their lease agreement include the following properties as community gardens: 621 Sycamore - We Care Neighborhood Block Club - Mrs. Elizabeth Triggs 231 Brinkman Street - Brinkman Avenue Block Club - Ms. Pat Gauthier 1226 Fillmore Avenue - Northampton Avenue Block Club - Mr. Wendell Whitaker All other terms of the lease for the period of November 1, 2000 and expiring on October 31, 2005 shall remain the same. This office is requesting that Your Honorable Body approve the above - mentioned amendment, that the Corporation Counsel's Office prepare the necessary documents and authorize the Mayor to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated July 3, 2002, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to amend the lease between the City and Grassroot Gardens of Buffalo, for use of the above - referenced properties under all other terms of the lease for the period of November 1, 2000 and expiring October 3 1, 2005. That the Corporation Counsel be authorized to prepare the necessary amendment and that the Mayor be authorized to execute the same. Passed AYES -13- NOES -0 No. 21 BURA Lot Washington and Virginia 893 - 915 Washington Street I am hereby submitting this request to the Council to revise the existing BURA parking lease with Univera. Healthcare at Ellicott and Virginia streets to allow for the acquisition of a portion of the site and the construction of the new headquarters for the Hauptman Woodward Institute. As you know, The Hauptman Woodward Institute (HWI) is one of the country's foremost Biomedical research facilities. Founded in 1956, through the combined efforts of visionary, Dr. George F. Koepf and philanthropist, Helen Woodward Rivas, Hauptman - Woodward is conducting research in areas such as kidney disease, cancer, thyroid disorders and AIDS - related illnesses which will one day lead to improved medications to fight these diseases. Senator Hillary Clinton also recently announced that NASA has selected HWI as the NASA Institute for Structural Biology providing critical work in crystal growth in space aboard the International Space Station. Dr. Herbert Hauptman, HWI President, received the Nobel Prize in 1985 for the development of a mathematical formula known as "Direct Methods" which facilitates the analysis of molecular structures and has led to the development of many new pharmaceutical treatments for disease. After forty -six years, Hauptman Woodward has finally outgrown its antiquated facilities at 73 High Street. HWI has recently retained Cannon Design to select a site and design a new facility in concert with plans currently being developed for the Buffalo Niagara Medical Campus (BNMC). Cannon has designed an exciting new building, which will become a gateway for BNMC. Govenor Pataki announced funding for HWI's new facility on June 5 . I would like to resolve the site issues this month so that HWI can break ground this fall. Univera Healthcare currently leases the entire site, which is bordered by 901 Washington and Corner Stone Manor on the North, Ellicott Street on the East, Virginia on the South and Washington Street on the West. The site itself is somewhat rectangular with a dimension of 265 by 335 by 272 by 395 feet respectively. Univera has agreed to surrender the northern portion of the site 210 feet North to South and 265 feet East to 'Nest to HWI and will retain the balance of their site for the balance of their lease plus a renewal option to satisfy their on -going parking needs. HWI will in turn enter into a Land Disposition Agreement to acquire the site from BURA. This is a very exciting start to the construction of the first phase of the research sector of the Buffalo Niagara Medical Campus. I look forward to discussing this with members of the Council during the upcoming weeks. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 Item No. 158, CCP June 11, 2002 "Develop Second Phase- Main LaSalle! Revitalization Project" Please be advised that in accordance with New York State Urban Renewal Law, as well as New York State General Municipal Law, the Office of Strategic Planning is required to adhere to very stringent development plans associated with the Second Phase of the Main LaSalle Revitalization Project. First and foremost, the process which would allow the Office of Strategic Planning to proceed with the proposed acquisition plan for existing properties in the Phase II boundary areas, would require that the Common Council approve the previously submitted Urban Renewal Plan. Please keep in mind that the City of Buffalo, and /or its agencies are prohibited from negotiating directly with the owners of affected properties prior to the approval of the previously filed Urban Renewal Plan. The second step in the process would require Common Council authorization for the $2M Capital Bond issue associated with the proposed Second Phase Main LaSalle Revitalization Project. Upon the proper authority by the Common Council authorizing the issuance of proposed bonds, the City Comptroller's Office would be required to review budgets and agree to the sale of such bonds. At this point, the Comptroller's Office must submit a resolution to the Common Council for approval of the sale of the bonds. The resolution, upon filing with the Common Council, would require to be placed on the table of the Common Council for a two -week period. Upon the Common Council voting to approve the resolution, as submitted by the Common Council, at the conclusion of the two -week period, the Comptroller's Office is then authorized to begin the process of packaging bond resolutions for sale on the bond market. Keeping in mind the current status of the City's fiscal condition, it is our understanding that the Comptroller's Office is limiting the sale of bonds to once a year. Further, once the Comptroller's Office establishes the process for sale of bonds, there is a 75 -day period for funds before the sale of bonds is perfected. Finally, once finds are identified from the sale of the bonds in accordance with the above procedure, the Office of Strategic Planning, through the Buffalo Urban Renewal Agency, would be authorized to enter into the negotiation process with property owners within the Main LaSalle Revitalization Project Area for the purposes of acquisition and relocation. In closing, please be advised that the Office of Strategic Planning is committed to undertaking all necessary and appropriate steps in an effort to achieve the success of the proposed Second Phase Main LaSalle Revitalization Project in accordance with all applicable policies and procedures. RECEIVED AND FILED NO. 23 Request to Use City -Owned Lots 1245 Jefferson, 211' N Kingsley Lot Size: 30'x 140' 1247 Jefferson, 241' N Kingsley Lot Size: 31'x 140' 1249 Jefferson, 68.60'S Riley Lot Size: 30'x 125' The office of Strategic Planning, Division of Real Estate, has received a request from Rev. Michael Chapman. of Saint John Baptist Church, 184 Goodell Street, Buffalo, New York 14204 to use the City -owned vacant lots at 1245, 1247, and 1249 Jefferson Avenue. The purpose is to hold religious revival meetings beginning Tuesday, August 20,2002 through Thursday, August 22, 2002. Saint John Baptist Church has agreed to clean the lot before and after the event and has provided proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the properties. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1245, 1247, and 1249 Jefferson Avenue upon the above terms and conditions. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated July 2, 2002, be received and filed, and That the Director of Real Estate be, and he hereby is authorized to permit Rev. Michael Chapman of Saint John Baptist Church, 184 Goodell Street to use the city -owned vacant lots at 1245, 1247 and 1249 Jefferson Avenue, on the condition that insurance is properly maintained. Passed AYES -13- NOES -0 No. 24 Response - Parking Lot 20 Wadsworth NW Comer of Days Park item No. 69, C.C.P. 6/25/02 Your Honorable Body has requested a response to the above item. The item is a request from Mr. Adrien Brown to acquire the City owned parking lot next to 74 Days Park, The City acquired the parcel in 1987 for use as a public parking lot for approximately 20 automobiles. The lot is paved and fenced. The Board of Parking maintains the lot. Your Honorable Body can authorize the sale of the property in accordance with Article 27- Section 27 -5 of the City Charter by Appraisal. Should Your Honorable Body authorize the sale, the Division of Real Estate will contact Mr. Brown and assist him with the acquisition and file the results of negotiations for final approval. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 Transfer of Title, Urban Homestead Program 50 Wick (City Owned - vacant lot, 30'x 104) The Office of Strategic Planning has surveyed the city -owned vacant lot at 50 Wick Street, Buffalo New York 14212, parcel is 30'x 104' in dimension; and it has been determined that this parcel inappropriate for either the construction of new housing or needed for public purposes. Mr. William Dolyk residing at 46 Wick Street has indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of 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 that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Mr. William Dolyk on the condition that the property is cleaned and improved within (6 months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated July 3, 2002, be received and filed; and That the city -owned property commonly known as 50 Wick 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 William Dolyk, residing at 46 Wick Street, for the amount of One Dollar ($1.00) and no more, 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 FROM THE CITY PLANNING BOARD FROM THE COMPTROLLER No. 26 Comprehensive Annual Financial Report For Fiscal Year Ended June 30, 2001 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2001 have been delivered to each Councilmember, the Common Council Chief of staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Ernst & Young LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than September 19, 2002. REFERRED TO THE COMMITTEE ON BUDGET NO. 27 Certificate of Necessity Transfer of Funds General City Charges - Tax Adjustment Law Department - Other Services We, Anthony M. Masiello, Mayor and Anthony R. Nanula Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of$120,000 be transferred from General City Charges - Tax Adjustment and reappropriated, as set forth below: From: General City Charges 17221008- 480101 Tax Adjustment $120,000 To: Law Department 10546006- 480000 Other Services $120,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL FROM THE CORPORATION COUNSEL NO.28 Reapportionment Commission The Citizen's Advisory Commission on Reapportionment submitted its report and map on May 23, 2002. To date no action has been taken on this recommendation and the time for the Common Council to finish its reapportionment has to occur within the next week. I would encourage the Common Council to support the Citizen's Advisory Commission report and would like to offer the attached map as an amendment to the one submitted by the Commission. Map attached Copy available in City Clerks Office LAID ON TABLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 29 Report of Bids Broadway Depot Roof Replacement I advertised for on June 5, 2002 and received the following sealed formal proposals for the Broadway Depot, Roof Replacement, which were publicly opened and read on June 26, 2002. Weaver Metal & Roofing $123,800.00 40 Appenheimer, Buffalo, NY Grove Roofing $138,800.00 157 Reading, Buffalo, NY Jos. A. Sanders & Sons $142,354.00 99 -117 Lathrop, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a bid amount of One Hundred Twenty Three Thousand Eight Hundred and 00/100 Dollars ($123,800.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36322206 445100 - Buildings. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 27, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Depot, Roof Replacement, to Weaver Metal & Roofing, the lowest responsible bidder, in the amount of $123,800.00. Funds for the project are available in CPF 36322206 445 100 - Division of Buildings. Passed. AYES -13- NOES -0 No. 30 Report of Bids Construction of Dignity Lane Group No. 584 N.Y. State Multi Modal PIN MA 2094 -30A This is to advise Your Honorable Body that I have advertised and received public bids on June 6, 2002 for the Construction of Digity Lane, Group No. 584, N.Y. State Multi Modal Project MA 2094 -30A. In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bids. The following bids were received: Contractor Base Bid 1. HARTFORD PAVING CORP. $278,090.00 3409 Broadway Cheektowaga, NY 14225 2. DESTRO & BROS. CONCRETE CO., INC. $298,622.85 411 Ludington Street Buffalo, NY 14206 3. VISONE CONSTRUCTION INC. $325,318.06 62 Sheldon Ave. Depew, NY 4. AMERICAN PAVING & EXCAVATING INC. $362,533.27 5880 Thompson Rd. Clarence Center, NY 14032 1 hereby certify that the lowest responsible bidder for the above project is Hartford Paving Corporation, Inc. I respectfully recommend that Your Honorable Body authorize a contract award to Hartford Paving Corporation, Inc. in the amount of $305,899.00 - base bid of $278,090.00 plus (10% unit price increase) $27,809.00 = (total award) $305,899.00. The engineer's estimate for this work is $300,000.00 and funds are available in Capital Project Account No. 30007806. Under provisions of the General Municipal Law, any of the bidders may withdraw his bids if an award of the contract is not made by August 1, 2002- Summaries of the bids are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 3, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Construction of Dignity Lane, Group No. 584, N.Y. State Multi Modal Project MA 2094 -30A, to Hartford Paving Corporation, Inc., the lowest responsible bidder, in an amount of $305,899.00 - base bid of $278,090.00 plus (10% unit price increase) $27,809.00 = (total award) of $305,899.00. Funds for this project are available in Capital Project Account No. 30007806. Passed. AYES - 13 - NOES — 0 No. 31 Report of Bids Gloria J. Parks Community Center Parking Lot Addition I advertised for on June 19 2002 and received the following sealed formal proposals for the Gloria J. Parks Community Center, Parking Lot Addition, which were publicly opened and read on July 3, 2002. Northeast Diversification $69,000.00 2 Cadby Industrial Pk, Lancaster, NY Occino Corp. $71,500.00 2650 Seneca, West Seneca, NY American Paving & Excavating $78,000.00 5880 Thompson, Clarence Ctr, NY Thomann Asphalt $92,900.00 56 Gunnville Rd, Lancaster, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Northeast Diversification, Inc., with a bid amount of Sixty Nine Thousand and 00/100 Dollars ($69,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 30338206445100- Buildings. REFERRED TO THE COMMITTEE ON FINANCE AND THE CN111v7aAG10110111► cell :Z071VC NO. 32 Report of Bids Moat Floor Reconstruction Big Horn Sheep Exhibit Buffalo Zoo I advertised for on June 18, 2002 and received the following sealed formal proposals for the Moat Floor Reconstruction, Big Horn Sheep Exhibit, Buffalo Zoo, which were publicly opened and read on July 2, 2002. Patterson Stevens 400 Sawyer Ave., Tonawanda, NY $49,950.00 Nichter Associates 3435 Harlem Rd., Cheektowaga, NY $52,000.00 Kirst Construction 7170 Boston State Rd., N Boston, NY $56,400.00 The C. H. Byron Co. 100 James Ave., Tonawanda, NY $74,000.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Patterson Stevens Inc., with a bid amount of Forty Nine Thousand Nine Hundred Fifty and 00/100 Dollars ($49,950.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36321106445100- Buildings. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 2, 2002, be received and filed -, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Moat Floor Reconstruction, Big Horn Sheep Exhibit, Buffalo Zoo, to Patterson Stevens, the lowest responsible bidder, in the amount of $49,950.00. Funds for the project are available in CPF 36321106 445 100 - Division of Buildings. Passed. AYES -13- NOES -0 No. 33 Report of Bids -Union Ship Canal Phase II Development This is to advice your Honorable Body that on Wednesday, June 6, 2002, 1 received and opened pub bids for Union Ship Canal Phase 11 Development. The following is a summary of bids and add alteri received: Add Alternates ContractorBase Bid A B 1. Ontario Specialty $587,108 $192,000 $64,500 2. Custom Topsoil $620,800 $300,000 $112,500 3, Tenney Rigging $647,111 $200,000 $75,000 4. Visone Construction $763,600 $164,000 $ 82,500 5. Empire Dismantlement $776,500 $400,000 $ 61,500 6. Sabre Demolition $889,760 $203,200 $ 88,725 7. Don Braasch $942,480 $260,000 $ 52,500 8. Cleveland Wrecking $1,176,630 $168,000 $ 72,000 C D E 1. Ontario Specialty $ 40,500 $72,500 $73,500 2. Custom Topsoil $ 80,000 $ 50,000 $105,000 3. Tenney Rigging $ 26,000 $ 50,000 $ 36,725 4. Visone Construction$100,000 $ 75,000 $174,825 5. Empire Dismantlement$ 48,000 $80,250 $31,500 6. Sabre Demolition $ 78,020 $65,750 $ 51,870 7. Don Braasch $21,0090 $100,000 $ 31,500 8. Cleveland Wrecking $ 54,500 $125,000 $68,250 Description of alternatives is as follows: Alternative Item A Total - Off Site Disposal of Railroad Ties Alternative Item B Total - Additional Concrete Demolition to 12ft Below Grade Alternative Item C Total - Removal and Off -Site Disposal of Machinery, Piping & Bricks Alternative Item D Additional Grading and Landscaping Alternative Item E Total - On -Site Crushing of Demolished Concrete Work included in the base bid consists of mobilization, concrete structures, blast- furnace demolition, trash /tire disposal, grading and landscaping. Based on the bids received, I recommend that Your Honorable Body authorize the Commissioner of Public Works, Park Streets to award a contract to Ontario Specialty Company due in the amount of $1,004,438.40 (Base Bid $587,180 + Alt A, B,C,D $369,500 + 5% unit price increase $47,830.40 = $1,004,438.40). Funds for this work are available in Capital Project Account 4s 35030306, 36030306, 33856806, 36650106. The engine estimate for this work, including alternatives, is $1.25 million. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 2, 2002, be received and filed -, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Union Ship Canal Phase 11 Development to Ontario Specialty Company, the lowest responsible bidder, in an amount of $1,004,438.40 (Base Bid $587,180 + Alt's A, B, C, D, $369,500 + 5% unit price increase $47,830.40 = $1,004,438.40). Funds for this project are available in Capital Project Account #s 35030306, 36030306, 33856806, 36650106. Passed. AYES -13- NOES -0 No. 34 Change in Contract Elmwood Avenue Reconstruction Project Phase 5 - Group 550 Contract No.92010480 I hereby submit to Your Honorable Body the following item unit price change order to the Contract for the above named project. This change order is necessary to enable us to continue the work on the above contract: Item No. Description Unit Price Quantity Cost 02.110 Unclassified Excavation $11.00 /Cy 200 /Cy $ 2,200.00 05.204 Concrete Sidewalk 4" $ 2.40 /St 3500 St $ 8,400.00 05.206 Concrete Approaches 6" $ 2.95/St 1800 St $ 5,310.00 05.250 Pattern Stamp Concrete $ 4.85/St 500 St $ 2,425.00 07.104 Granite Curb 4" $16.00 /Lf 285 Lf $ 4,560.00 08.210 Slotted Corrugated Underdrain $ 2.20 Lf 285 Lf $ 627.00 Total $23,522.00 Funds for this work are available in Capital Project Account No.30124606 and Account No. 30124406. 1 respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 2, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an increase in the amount of $23,522.00, as more fully described in the above communication, for work relating to Elmwood Avenue Reconstruction Project Phase 5 -Group Contract No. 92010480. Funds for this project are available in Capital Project Account No. 30124606 and Account No. 30124406. Passed AYES -13- NOES -0 No. 35 69 Red Jacket Parkway Handicap ramp within City Right of Way Mr. Gary C. Benzel Jr., owner of the property located at 69 Red Jacket Parkway, has requested permission to install a handicapped access ramp within City Right of Way at said address. The ramp would measure 15' in length and project 9' from the existing structure. The ramp would be located in the front lawn area and only partially encroach City Right of Way. The Department of Public Works, Parks and Streets has reviewed Mr. Benzel's request pursuant to Chapters 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 36 Ordinance Amendment- Special Events Item # 162, C.C.P. 6/11/02 Item # 163 C.C.P. 6/11/02 The referenced items were sent to this department for comment. We have reviewed the proposed changes in the Special Events ordinance, and the proposed fee changes. We have no objection to either item. RECEIVED AND FILED No. 37 Req. New Performance Bond — Adlphia Notice of Cancellation Please be advised that the City of Buffalo has received a Notice of Cancellation of the Two Million Dollar CATV Franchise Bond issued by Hanover Insurance Company on behalf of Parnasso, LP (a /k/a Western NY Cablevision L.P., d /b /a Adelphia Cable Communications). Pursuant to Paragraph 2(c) of the Transfer Agreement between the City of Buffalo and Parnassos, L.P., "In the event that the performance bond is cancelled, Parnassos shall provide to the City a new performance bond in the same form as Exhibit D at least ten (10) days before the effective date of such cancellation," The effective date of the cancellation appears to be July 20, 2002. Under Section 9.1 (h) of the original Franchise Agreement between the City of Buffalo and TCI, the failure to maintain the guarantees of performance shall be considered a material breach and could be a reason to revoke the franchise. On or before the 10th July, 2002, please provide the City with a new performance bond. Thank. you for your cooperation. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS No. 38 59 Allen Street Requests Permission to Install Sidewalk Cafe Mr. Leon Rung owner of Caf6 59, located at 59 Allen Street, has requested permission to install a sidewalk cafe which would encroach City right -of -way at said address. The proposed cafe would measure forty four feet (44') in length and project ten feet (10') from the building face into City right -of -way on the Franklin Street side of the property. The Department of Public Works, Parks and Streets has reviewed Mr. Rung's application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: I . That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed forty four feet (44') in length or extend more than ten feet (10') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5 That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 39 Certificate of Appointment Appointment Effective: July 1, 2002 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Equipment Operator Temporary Appointment at the: Maximum Starting Salary of: $31,838 Philip Gramaglia 328 Bedford Avenue Buffalo, NY 14216 Richard E. Chmiel, Jr. 76 Vandalia St. Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a :IQ LVi& I.I =11115fieLrihri11;. .101 0 1 14:ZO] a 0611 IN o No. 40 "R. Fontana - D. Brooks - concerns - Incident - 55 Hagen Street. ": [Item #60, C.C.P., June 11, 2002:] In response to Item #60, C.C.P. June 11,2002, "R. Fontana -D. Brooks- Concernslncident -55 Hagen Street. ", please be advised that the complaint has been forwarded to the department's Professional Standards Division for investigation. RECEIVED AND FILED NO. 41 Certificate of Appointment Appointment Effective: June 27, 2002 in the Department of: Police to the Position of: Detective Permanent Appointment at the: Flat Starting Salary of: $ 50,635 Kerry F. Jones 76 Phyllis Avenue Buffalo, New York Brenda Callahan -Moll 70 North Pearl Street Buffalo, New York 14202 Kevin J. Brinkworth 41 George Street Hamburg, New York 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 Certificate of Appointment Appointment Effective: June 27, 2002 n the Department of: Police to the Position of: Police Photographer Provisional Appointment at the: Flat Starting Salary of: $ 52,372 Richard Corsi 4958 Hunters Creek Rd. East Aurora, New York 14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a :IQ LVi& I.I =11115fieLrihri1F1-11 1*] 0 1 14:ZO] a y I N 4 NO. 43 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: July 2, 2002 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Communications TO THE POSITION OF: Communications Maintenance Supervisor permanent appointment Intermediate Starting salary of : $41,208 Ronald Garrett 56 Kamper Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 44 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: July 2, 2002 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Communication TO THE POSITION OF: Communication Technician. Permanent appointment intermediate Starting salary of : $31,950 Lawrence Wilk 134 Davey Buffalo, 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: July 2, 2002 IN THE DEPARTMENT OF: Fire Fire Communication TO THE POSITION OF: Superintendent of Communications Operations permanent appointment Starting salary of: $70,466 Robert Breier 32 Hubbell Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 REVIEW OF NOMINEE FOR APPOINTMENT - BUFFALO ARTS COMMISSION C.C.P. 6/25/02, NO. 1 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of July 2, 2002) that the following nominee to the Buffalo Arts Commission has no outstanding debts to the City: Tod Kniazuk RECEIVED AND FILED. NO. 47 REVIEW OF NOMINEE FOR APPOINTMENT -BOARD OF HEATING EXAMINERS C.C.P., 6/25/02, NO. 3 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of July 2, 2002) that the following nominees to the Board of Heating Examiners have no outstanding debts to the City: Uly Hankerson Robert P. Moffett, Jr. Daniel G. Granville Timothy Keenan Robert Stasio RECEIVED AND FILED. FROM THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 48 RESTAURANT DANCE CLASS IV 220 FRANKLIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class W License located at 220 Franklin and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV license is being sought and according to the attached reports from Fire, Zoning and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael J. Waz. The attached hereto for Michael J. Waz, d /b /a 220 Franklin Street Management Inc. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio Moved: That the above communication from the Commissioner of Permit and Inspection Services dated June 27, 2002, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Michael J. Waz, d /b /a 220 Franklin Street Management Inc., located at 220 Franklin Street. Passed. AYES -13. NOES -0. NO. 49 SECOND HAND DEALER 1419 HERTEL Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 1419 Hertel and rind that as to form it is correct. I ha caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of John Rigney. The attached thereto for John Rigney d /b /a The Second Reader Bookshop. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 50 SECOND HAND DEALER 1424 HERTEL Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 1424 Hertel and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Lisa Eoannou. The attached thereto for Lisa Eoannou d /b /a Venea. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 51 SECOND HAND DEALER 823 TONAWANDA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 823 Tonawanda and find that as to form it is correct. I ha caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Zinajda Samardzija. The attached thereto for Zinajda Samardzija d/b Duka's Thrift Store. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 52 USED CAR DEALER 346 HOPKINS 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 346 Hopkins and rind that as to form it is correct. I have cause an investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Marcellus Horton. The attached thereto for Marcellus Horton d /b /a R & L Wholesale This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspection Services dated July 1, 2002, be received and filed, and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Marcellus Horton d /b /a R & L Wholesale, located at 346 Hopkins. Passed. Ayes -13. Noes -0. NO. 53 USED CAR DEALER 740 KENSINGTON 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 740 Kensington 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 rind complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Willie Morrison. The attached thereto for Willie Morrison d /b /a W & M Auto Sales 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. 54 SALE OF JUNK AND ABANDONED VEHICLES: BID #0147 The Department of Parking Enforcement has for sale on a continuing basis junk and abandoned vehicles as defined by the New York State Vehicle Law, Section 1224 -2. Bids were solicited to 18 companies and I recommend that your Honorable Body approve to the responsible high bidder M &M U Pull -It, who will pay the City of Buffalo $48.00 per car delivered to the scrap yard and $38.00 per car picked up at the Auto Pound. Listed below is the tabulation of bids opened on May 31, 2002: 1. Vehicles delivered to scrap yard M &M South Buffalo $48.00 per car $46.00 per car 2. Vehicles picked up at Auto Pound 38.00 per car 36.00 per car Based on past contracts, approximately 75% of the vehicles will be picked up at the Auto Pound at $8.00 each. Mrs. LoTempio Moved: That the above communication from the Commissioner of Administration and Finance dated June 24, 2002, be received and filed; and That the Commissioner of Administration and Finance, be, and she hereby is authorized to award a contract to M &M U Pull -It, the highest responsible bidder who will pay the City of Buffalo $48.00 per car delivered to the scrap yard and $38.00 per car picked up at the Auto Pound. Passed. AYES -13. NOES -0. NO. 55 CERTIFICATE OF APPOINTMENT Appointment Effective: July 8, 2002 in the Department of Administration and Finance, Division of Parking Enforcement, to the Position of Hearing Examiner, Temporary (as required), Non - Competitive, at the Flat Starting Salary of: $110 /day Lee C. LaMendola 218 Bedford Avenue Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 56 CERTIFICATE OF APPOINTMENT Appointment Effective July 1, 2002 in the Department of Administration and Finance, Division of Administrative Adjudication to the Position of Legal Aide to the Bureau of Administrative Adjudication, Permanent, Appointment, at the Intermediate Starting Salary of $25,707 Margaret M. Otto 328 Southside Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 57 CERTIFICATE OF APPOINTMENT Appointment Effective July 1, 2002 in the Department of Administration and Finance, Division of Administrative Adjudication, to the Position of Legal Aide to the Bureau of Administrative Adjudication, Provisional, Appointment at the Maximum Starting Salary of $ 27,859 Susan C. LoVallo 12 Wellington Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 58 LIGHTED SCHOOLHOUSE PROGRAM Lighted Schoolhouse Program- 2001 -2002 site funding CDBG Year 27 Totals and Remaining Balances REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 59 CERTIFICATE OF APPOINTMENT Appointment Effective July 2, 2002 in the Department of Community Services, Division of Youth Court, to the position of Youth Court Program Director, Provisional Appointment, at the flat starting salary of $43,987. Kathleen Cunningham -Isch, 317 Woodside Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 60 R. FONTANA - D. BROOKS - CONCERNS - INCIDENT - 55 HAGEN ST. ITEM #60, C.C.P. JUNE 11, 2002 In response to your request for review of Item #60, C.C.P. June 11, 2002, "R. Fontana - D. Brooks - Concerns - Incident - 55 Hagen St." the Commission on Citizens' Rights and Community Relations has prepared the following response: Attached correspondence sent to Crystalea Burns Pelletier on 6/27/01 and waiting for a response to be received no later than 7/15/02. The Commission will continue to investigate the complaint and will inform the Council as to the final outcome. RECEIVED AND FILED. FROM THE BOARD OF EDUCATION NO. 61 "BOARD OF EDUCATION - SPECIAL PROJECTS CLAIM OFFICE" ITEM #19, C.C.P. JUNE 25,2002 Item # 19, C.C.P. June 25, 2002, "Board of Education - Special Projects Claims Office ". 1 . The Special Project Claims Office is working towards computerized "cumulative" reports for the new fiscal year. As we complete our first year in MUNIS, we will attempt to integrate the available data into computerized cumulative reports. 2. During the year, the Special Project Claims office meets periodically with the administrators responsible for the Special Projects to provide assistance and advice to meet specific project year goals and expend funds by the due dates. 3. Effective July 1, 2001 with the implementation of the MUNIS System all accounts receivable are now being tracked electronically. 4. The District is delighted that Comptroller Anthony R. Nanula has recognized that a satisfactory system of monitoring controls is present in the Special Project Claims Office under the direction of the Buffalo Public Schools. 5. This is a cash flow situation, which is dependent upon the Financial Division of the State Education Department's processing and distribution of funds in a timely manner. If all stake - holders work collaboratively with State Education Department, encouraging them to process and distribute funds more timely, the collection rate will hopefully improve. REFERRED TO THE COMMITTEE ON EDUCATION. NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1932 Main 1932 Main St Tavern John Breed 1853 Clinton 1853 Clinton Patrick & Theresa Westlak RECEIVED AND FILED NO. 63 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: • Public Works, Streets & Parks- William Deschenes, Deana LoVallo • Fire- Joseph Vidal RECEIVED AND FILED. NO. 64 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 65 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Certificate of Appointment Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern I Seasonal, Non - Competitive, at the Flat Starting Salary of $7.00 /HR Brian Filarski 15 Wasson Street Buffalo, N.Y. 14210 Caitlin Bogucki 15 Wasson Street Buffalo, N.Y. 14210 Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern II Seasonal Non - Competitive at the: Flat Starting Salary of: $5.15 Casey Krug 92 Shenandoah Road Buffalo, NY 14220 Wlllliam Lewis 146 Choate Avenue Buffalo, NY 14220 Nicole M. Martinez 781 Perry Street Buffalo, NY 14210 Caitlin Overdorf 122 Turner Avenue Buffalo, NY 14220 Emma Perrott 54 Nicholson Avenue Buffalo, NY 14214 Rachel Reid 240 Potters Road Buffalo, NY 14220 Meghan H. Stutz 52 Shenandoah Road Buffalo, NY 14220 Michael Ando 256 Cumberland Ave Buffalo, NY 14220 Timothy Collins 153 Choate Buffalo, NY 14220 Ian 0. Conrad 128 Harding Road Buffalo, NY 14220 Cory Cosegla 363 Woodside Avenue Buffalo, NY 14220 Paul Desiderio 70 Hayden Street Buffalo, NY 14220 Gina M. Giancarlo 218 Carmel Road Buffalo, NY 14214 Sara Greene 1679 Amherst Street Buffalo, NY 14214 Kate Webster 62 Beyer Place Buffalo NY 14210 David Wischnewski 577 Downing Street Buffalo, NY 14220 Nichole Kopinski 88 Wheelock Buffalo, N.Y. 14206 Briana Manney 119 St. Marys Rd. Buffalo, N.Y. 14211 Kenneth Szymanski 274 Barnard Street Buffalo, N.Y. 14206 Barb Victory 189 Maurice Buffalo, N.Y. 14210 Zachary Bogucki 15 Wasson Street Buffalo, N.Y. 14210 Kyle Golombek 23 Krakow Street Buffalo, N.Y. 14206 Amy Lubkowski 163 Fenton Street Buffalo, N.Y. 14206 Nicholas Manuszewski 45 Kopernik Street Buffalo, N.Y. 14206 John Marrero 315 Smith Street Buffalo, N.Y. 14210 Thomas Olejniczak 90 Weiss Street Buffalo, N.Y. 14206 Lemseh Carothers - Abdullah 460 Northland Avenue Buffalo NY 14211 Ryann Shanice Alford 122 Marigold Avenue Buffalo NY 14215 Ronald Keels Jr. 678 Humboldt Pkwy Buffalo NY 14211 Deidre Cooper 661 Best Street Buffalo NY 14211 Curtis Middlebrooks 77 Cloverdale Avenue Buffalo New York 14215 Certificate of Appointment Effective: July 1, 2002 in the Department of Common Council to the Position of Intern II Seasonal Non - Competitive at the: Flat at the Starting Salary of 5.15 Sheryl Lynn Randle 74 Dorris Avenue Buffalo, NY 14215 Certificate of Appointment Appointment Effective: 06/06/02 in the Department of COMMON COUNCIL to the Position of INTERN II SEASONAL NON - COMPETITIVE FLAT Starting Salary of $5.15 Eve Williams 44 Highgate Buffalo, New York 14214 Benjamin Smith 149 Duerstein Street Buffalo, New York 14210 Certificate of Appointment Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern IV Seasonal Non - Competitive at the: Flat Starting Salary of: 6.00 Nicholas Heidinger 172 Alabama Street Buffalo, NY 14204 Brittney M. Goodwin 39 Bissell Avenue Buffalo, NY 14211 Certificate of Appointment Appointment Effective: July 2, 2002 in the Department of Common Council to the Position of Intern V Seasonal Non - Competitive at the: Flat Starting Salary of: $ 8.00 Kenneth Davis 73 Courtland Avenue Buffalo, NY 14215 Eric Tolbert 182 Colvin Avenue, Apt. 3 Buffalo, NY 14216 Certificate of Appointment Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern I Seasonal Non - Competitive at the Flat Starting Salary of $5.15 Jordan Bordem 694 Clinton St Buffalo 14210 Maurice McGee 34 Courtland Ave Buffalo 14215 Danny Owens 55 Westminister Ave Buffalo 14215 Gary Redd 77 Pershing Ave Buffalo NY 14211 Certificate of Appointment Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern V Seasonal Non - Competitive at the Flat Starting Salary of $ 8.00 Mary Overton 108 Elmer Ave Buffalo 14215 Eula Nailor 22 Humber Ave Buffalo NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 66 Appointments- Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Certificate of Appointment Appointment Effective: July 8,2002 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non - Competitive at the: Flat Starting Salary of: $5.15 Daniel McIntosh 158 St. Lawrence Buffalo NY 14216 Shneika Roberts 916 Humboldt Pkwy. Buffalo, NY 14211 Nicholas DiPalma 333 Norwalk Ave. Buffalo, NY 14216 Sarah Zielinski 224 Geary St. Buffalo, NY 14210 Brian Allen 723 Parkside Ave Buffalo NY 14216 Dennisha Huff 52 Stewart Ave. Buffalo, NY 14211 DeAndra Krempa 116 Harding Rd. Buffalo, NY 14220 Nicholas Pellicore 615 St. Lawrence Ave. Buffalo, NY 14216 Charisse Smith 77 Krettner St. (upper) Buffalo, NY 14206 John Trimper 56 Berkley PI. Buffalo, NY 14209 David White 723 Parkside Ave. Buffalo, NY 14216 Erica Colligan 173 Woodbridge Ave. Buffalo, MY 14214 Yvette Davis 117 Kensington Ave. Buffalo, NY 14214 Dana Murray 29 Gail Ave. Buffalo, NY 14215 Gabrielle Mattina 209 Hoyt St. Buffalo, NY 14213 Joseph Orlando 91 Wallace Ave. Buffalo, NY 14214 Lynn Pinkard 111 Manhattan Buffalo, NY 14215 Felicia Falzone 60 Manchester Buffalo NY 14213 Lindsey Fitzgerald 425 S. Legion Dr. Bflo. NY 14220 Jenna Johnson 18 Elam PI. Bflo. NY 14214 Appointment Effective: July 1,2002 in the Department of Executive Division of Mayor to the Position of Intern VI Seasonal, Non - Competitive at the: Flat Starting Salary of $10.00 Edward Mahoney 131 Coolidge Buffalo, NY 14220 Appointment Effective: July 1,2002 in the Department of Executive Division of Mayor to the Position of Intern I Seasonal, Non - Competive at the Flat Starting Salary of $7.00 Francesca Falzone 60 Manchester Buffalo, NY 14213 RECEIVED AND FILED NO. 67 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 ASSESSMENT Appointment Effective June 24, 2002 in the Department of Assessment and Taxation to the Position of Clerk - Seasonal Seasonal Appointment at the Flat Starting Salary of $8.00 /hour Maryann Alongi 87 Rebecca Park Buffalo NY 14207 DEPARTEMNT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective July 1, 2002 in the Department of Public Works, Parks & Recreation, Division of Recreation, to the position of Fee Collector, Seasonal, Non - Competitive, at the Flat Starting Salary of $5.15 per hour. Karen Steele, 24 Eden, Bflo., NY 14220 Kathleen Wachowicz, 81 Barnard, Bflo, NY 14206 Appointment Effective July 3, 2002 in the Department of Public Works, Parks and Streets, Division of Recreation, to the position of Laborer 11, Seasonal Appointment, at the Flat Starting Salary of $8.15 per hour. Browning Ericka, 307 Baynes St., Buffalo, NY 14213 Appointments Effective June 24, 2002 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Laborer 11, Seasonal Appointment at the: Flat Starting Salary of $8.15 hr Lindsay Empric, 355 Whitfield Ave.. Buffalo, NY 14220 Ann Marie McGrath, 161 Marine Dr., Buffalo, NY 14202 Karen M. Cassidy, 196 Mackinaw Street, Buffalo 14204 Ann Parot, 10 South Street, Buffalo 14204 Ronald E. Richter, 494 Colvin, Bflo. NY 14216 Sylvester A. Robinson, 254 Orange St., Bflo. NY 14204 Joseph R. Slomba, 190 O'Connell, Bflo, NY 14210 Edward Tooles, 59 Rose St., Bflo, NY 14204 Leamond Turner, 438 Richmond Ave., Bflo, NY 14213 Donald R. Palmer, 31 Philadelphia, Bflo, NY 14207 James Paul, 64 Pavonia St., Bflo, NY 14207 Brian M. Poblocki, 245 Willett, Bflo, NY 14206 Paul J. Podsiadlo, 282 Cumberland Ave., Bflo. NY 14220 Philip P. Pugh, 41 Dempster St., Bflo, NY 14206 Jerry L. Rainey, 228 Orange St., Bflo, NY 14204 Michael A. Renaldo, 86 Norwalk, Bflo, NY 14216 Glenn L. Bender, 266 Lisbon, Bflo, NY 14215 Mario DiBartolomeo, 467 Hinman, Bflo, NY 14216 Marlino Gress, 45 Saratoga St, Bflo, NY 14207 Kenneth A. Jacobs, 44 Seventh St. Bflo, NY 14201 James LeGrand, 48 Glenwood, Bflo, NY 14208 Anthony D. Moye, 600 Sycamore St., Bflo. NY 14214 Anthony Nigro, 28 Wellington, Bflo NY 14216 Appointment Effective June 24,2002 in the Department of Public Works, Parks, streets Division of Recreation, to the Position of Laborer II Seasonal, Appointment, Flat Starting Salary of $8.15 hr. Jason Banas 228 Esser Buffalo 14207 David Borne 131 Kail Buffalo 14207 Philip Korba, 17 Eaglewood, Bflo 14220 Jose Ramierez, 204 Bird, Bflo 14213 Eric Cichowski, 10 Gorski, Bflo 142106 Appointment Effective: July 2,2002 in the Department of Public Works, Parks, Streets, Division of Recreation, to the Position of Lifeguard Seasonal at the Flat $6.25/hr. Boswell Darnell 277 Schuele Buffalo 14215 Frydrychowski Jason, 127 Fredro Buffalo 14206 Logal John 55 Virgil Buffalo 14216 Riollano Kristofer 438 Busti Buffalo 14201 Appointment Effective July 1, 2002 in the Department of Public Works, Parks, Streets, Division of Recreation, to the Position of Lifeguard, Seasonal, Appointment at the Flat Starting Salary of: $6.25 Honan Elizabeth, 32 Covington Road Buffalo 14216 Liszka Julie 17 Matejki Buffalo 14206 Roulhac Cordell 405 Jersey Buffalo 14213 Tirado David 12 Hertel Buffalo 14207 Vazquez Clarissa 57 Ketchum Place Buffalo 14213 Mecesji Mary 18 Eden Buffalo 14220 Neumann Nathan 68 Shoreham Buffalo 14216 Nieduzak Alex 74 Cable Buffalo 14206 Olczak Andrew 23 Wyandotte Buffalo 14207 Schmidt Lillie 190 Cumberland Buffalo 14220 Shero Jason 163 Crescent Buffalo 14214 Simmons Jr. Terrance 50 Elmer Buffalo 14215 Dmochowski Jacqueline 119 Fleming Buffalo 14206 Doherty Caitlin 139 Wesley Buffalo 14214 Doherty Meghann 139 Wesle Buffalo 14214 Frydrychowski Rachel 127 Fredro Buffalo 14206 Garcia Lanette 442 Woodward Buffalo 14214 Gladky Lyudrnila 19 West Lane Buffalo NY 14207 Echevarria Joel 308 Breckenridge Buffalo 14213 Halligan Alex 231 Cumberland Buffalo NY 14220 Josh Heidinger 195 O'Connell Buffalo 14210 Hunt Allison 124 Depew Buffalo 14214 Huynh Phuc 62 Grant Buffalo 14213 Kedron Eric 2475 Niagara Buffalo 14207 Kinsley patrick 77 Vanderbitt Buffalo 14206 Lisk corinna 104 North Drive Buffalo 14206 Stuckey Aaron 150 Timon Buffalo 14208 Suarez Rafael 67 Courtland Buffalo 14215 Suarez Ramon 48 Alma Buffalo 14215 Walkowski Stacey 278 Holly Buffalo 14206 Whitney Kimberly 278 Balraga Buffalo 14220 wisz Christine 999 E Lovejoy Buffalo 14212 Whitfield Tremaine 337 South Division Buffalo 14204 Whitfield Darmel 1 Broadway Buffalo 14204 Woodrow Jessica 123 Niagara Fall Blvd Buffalo 14214 Wlostowski Lisa 212 Person Buffalo 14212 Augustyn Eric 93 Baxter Buffalo 14207 Banas Michael 8 Esser Buffalo 14207 Battenfeld Kerry 36 Brost Buffalo 14220 Bowie Fred. 450 Jefferson Buffalo 14204 Cole Bradley 52 Bame Avenue Buffalo 14215 Cole Harold 52 Bame Buffalo 14215 Devine Patrick 63 Reiman Buffalo 14206 Certificate of Appointment Appointment Effective. July 1, 2002 in the Department of Community Services Division of Senior Services to the Position of Senior Citizen Aide Seasonal at the: Minimum Starting Salary of $9.06 Elizabeth Pieri 90 Virgil Avenue Buffalo, New York 14216 Sandra Szczepankiewicz 31 Hayden Street Buffalo, New York 14210 Robert Williams 9 Jaktram Court Buffalo, New York 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 68 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: June 24, 2002 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary Appointment at the: Flat Starting Salary of: $6.00 p/h Fairy Moore 492 Cornwall Buffalo 14215 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: July 2, 2002 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Communication TO THE POSITION OF: Communication Technician permanent appointment minimum Starting salary of : $30,806 Michael Paveljack 271 Davey Street Buffalo, 14206 Certificate of Appointment Appointment Effective: July 2,2002 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Supervising Lifeguard Temporary Appointment at the: Flat Starting Salary of: $ 6.50 Burdick Carl 60 Columbus Buffalo 14220 Joseph Sanfilippo 222 Davey Buffalo 14206 Certificate of Appointment Appointment Effective: June 24,2002 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Supervising Lifeguard Temporary Appointment: at the: Flat Starting Salary of: $ 6.50 Irving Scrievens 311 Cornwall Buffalo 14215 Sarah Van Alstine 371 Villa Buffalo 14206 Nicholas Wager 412 Schiller Buffalo 14212. Zwawa Christine 37 Junior Buffalo 14206 Amber Berry 136 Mercer Buffalo 14214 Malik Blyden 164 Parkside Buffalo 14215 Gaetano Capodicasa 434 Seneca Street Buffalo 14204 Kyle Johnson 69 Naragansett Buffalo 14220 Rebecca Nieves 239 15th Street: Buffalo 14213 Brian Ray 48 Gibson Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 69 B. DAVIS -JAMES MANAGEMENT -HOZO AREA Please file the attached on behalf of James Management Co. for the upcoming Council Session to be held on Tuesday, July 9, 2002. Should you have any question regarding this matter please feel free to contact me at 851 -4980. Please take a look at the grass cutting on the Jefferson Avenue and other areas, which was recently completed, by the city. In my opinion you should not allow payment for this work until the work is done properly. James F. Anderson President REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 70 C. FISHER - ANNUAL REPORT - LITERARY VOLUNTEERS OF AMERICA/BFLO & ERIE COUNTY I hereby submit for filing copies of the Annual Report from the Literacy Volunteers of America/ Buffalo and Erie County, Inc. Please late file the enclosed correspondence for Tuesday, June 25, 2002 Full Common Council meeting. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON EDUCATION. NO. 71 B. GRANT- DEVELOPMENT PROSPECT -WIND PARKS One idea that a few others and I have come across is the use of wind turbines in an urban park setting. This is commonly done in Europe, where there is some serious effort- taking place to do something about global warming, and to generate some economic activity at the same time. They also like their parks and recreational spaces, and since the population density is much higher (Germany, Netherlands, Denmark), they have to make do with what they have. The wind park is a way for communities to produce non - polluting power, make money from selling this power and have park land (in effect, the turbines can be viewed as big trees (12 to 15 feet in diameter, 200 to 250 feet tall, a sort of "heavy metal redwood tree). Given the average Buffalo wind speed (about 14 to 15 mph, or 6.5 to 6.7 meters / second), a 660 kW wind turbine will be able to have an income of - $50,000 to $100, 000 per year. After paying off the "mortgage and principal (5 % for 20 years ), the city would be able to recoup about $ 40,000 to $ 50,000 as income. In some parts of the city ( the waterfront, South Buffalo Wastelands ), even larger units could be situated, with a scaled up income stream. There is even a federal subsidy, for municipalities of 1.5 cents per kw -hr (worth about $ 24,000 per year for the 660 kw unit ) that the Federal Government will pay municipalities for 10 years if they have these units installed by Sept 2003. How does this affect the University district ?. Well, there are a number of small abandoned areas (an example is below), or places where factories used to exist that would be perfect for these units. They can be incorporated into parks, grassy areas or even on the edges of existing parks. These new units are amazingly quiet these days, and if placed by the Kensington Expressway or near other busy streets, they would never be heard ( 10 of these units are operating in the town of Wethersfield /Java Center, about 40 miles from Buffalo - the "noise" I observed was close to non - existent in this isolated rural area ) This morning as I was coming back from Census College along Kensington Avenue, I noticed that there was a number of "microparks' along the highway, extending to the William Gainer road (this used to be a railroad, extending from Main and Lasalle, and now goes from Kensington Avenue to Delevan Avenue / American Axle. Then there is the leveled lot at the comer of Fillmore and Kensington Avenue, next to Niagara Mohawks storage area. And there is a comer of McCarthy park next to Amherst Street ), or the abandoned rail tracks in back of Shoshone Park... I am guestimating that between 20 to 40 of these could be installed in the University District in a gradual fashion, to allow, people to get used to them and make an informed opinion on whether they would or would not like them for neighbors. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. Oh well, the more turbines, the more installation jobs, and the higher the probability of landing some new companies to make parts for these devices (the towers and blades, for example ). And the more income for the city ... the electricity , being "green electricity" can be sold at rates higher than the 3.5 cents per kw -hr that . #polluting energy ", such as nukes, coal and other fossil fuels, can obtain. It can even be marketed to the biggest consumer of electricity in the University District, UB, who is actually mandated to start buying green power before 2005. Oh well, this is -the idea. If possible, I would like to meet with Ms. Grant to discuss this in the near future. After all, it is probably better to raise wind turbines than taxes, and approximately 2 turbines pays for 1 teacher/ fireperson /police person fully absorbed, they cost about $ 100,000 per year, I guess). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS. NO. 72 B. GRANT - CONCERNS # OF PEOPLE IN MARTHA MITCHELL YOUTH CHALLENGE PROGRAM Please file the enclosed correspondence for Tuesday, July 9, 2002 Common Council Meeting. Thank you for your attention to this matter. We are the volunteers and students that participate in the Martha Mitchell Community Center Youth Challenge Program. We are located in the University District of Buffalo, NY. We decided to do a group project that would help us to better our community. We decided to work to improve the problem of increasing class size in Buffalo Public Schools. We started this project March 25 h 2002. We meet on Tuesdays from 3:30 p.m. to 5:30 p.m. When we meet we explore the issue of class size in educational journals nationwide. We, the students in grades 4 -6, participating in the Martha Mitchell Youth Challenge Program feel that we have too many people in our classes. This causes fighting and disruptive behavior, and makes it hard for us to hear our teachers, taking away from our ability to learn. We would like to see something done to decrease the number of students in every class next school year. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. NO. 73 B. GRANT -D. TOURJIE- CONCERNS- FIREHOUSE- WASHINGTON & TUPPER STS. Please file the enclosed correspondence for July9,2002 Common Council Meeting. Dear Council member Grant, This e-mail is in regard to the firehouse located at Washington & Tupper Streets. It is rumored to be brought before the council the proposed sale of this property to private individuals. If this is the case please consider tabling this matter until a later date allowing other options to be brought to the councils attention for review. This structure would be the most suitable location for Rescue 1 and Haz -Mat 1 to be housed. It is centrally located for the most efficient response to Emergency calls of any nature to every area of the city. This location would also allow for Hazardous Materials training as well as storage for all hazardous materials supplies. The alternative would be to have the rescue! and haz -mat 1 located at Jefferson and Kingsley which would greatly reduce response time to the far north, west, and south edges of the city. This is due to traffic and routing issues while responding from Jefferson and Kingsley. Currently response, training, and storage issues have the fire departments resources spread all over the map and this problem could very easily be eliminated by utilizing a building that already belongs to the city and is perfectly suited for the fire department. Please take these issues into consideration before selling prime city owned real estate for chump change to a private owner. thank you in advance for your consideration. I am also sending a copy of this e-mail to each of the other council members. Sincerely, Daniel Tourjie Concerned Citizen (716) 873 -8818 REFERRED TO THE COMMITTEE ON FINANCE. NO. 74 INFO — UNDERAGE PATRONS IN AN ABC ESTABLISHMENT Thank you for the opportunity to provide input on the resolution regarding of co- mingling of legal age and underage patrons in ABC licensed establishment. The Buffalo office of the State Liquor Authority is referring this matter to Deputy Commissioner Mark Anderson, who acts as our public information officer, from our Albany office. He may, in turn, refer the matter to our legal counsel, before making any response. Therefore, the Authority may be unable to make the July 3 rd , 2002 deadline imposed in your letter. You should however, be advised that there may be a conflict with your resolution and Section 260.20 -1 of the New York State Penal Law. Our Authority will probably determine this ( as we research this matter in Albany). Thank you again for advising us of this matter. Deputy Commissioner Anderson can be reached in Albany at 518 - 486 -4767. My phone number in Buffalo is 716 - 847 -3059. V A9A V VA 111ri11 A. I:9K0 ]dildiIIaAA000111Me169IF_VA Ito] 011 NO. 75 SUNDAY IN THE PARK CLEAN UP /SECURITY As per our conversation the following is the SUNDAY IN THE PARK plan for clean up and Security: SECURITY - provided by the Downtown Post 64 American Legion Vets. They provide us with approximately 40 volunteers who start with the installation of snow fence to protect the fireworks and entertainment from public injury. There are also two overnight volunteers to protect the display and tents from vandalism. CLEAN UP - provided by volunteers from the Boy Scouts, Summer Youth programs, security personnel from the Am Vets, Parks Dept., and volunteers from the Business Association. If you have any additional information, please feel free to contact me at any time. I can be reached at 823 -7199, 823 -8208 or my cell, 913 -3236 REFERRED TO THE COMMITTEE ON FINANCE NO. 76 Church of Scientology of Buffalo I grew up in Buffalo, New York and have made this my home since childhood. I am an electrical engineer by profession. I have been involved in the Church for over 10 years and have benefited greatly from its services. This letter is in support of the rights of the Church of Scientology of Buffalo as a religious institution. The spiritual well -being promoted by the Church for its parishioners and the community far outweighs the supposed convenience" of being able to park a bit closer to work or shop. Further, the principle of separation of church and State is a long honored tradition and practice in our country. Therefore, I urge that the instrument of "eminent domain" not be used in the destructive manner to remove the building housing this valuable spiritual asset known as the Church of Scientology of Buffalo. RECEIVED AND FILED NO. 77 REQ. TREE REMOVAL PROPERTY AT 61 CONGRESS STREET BUFFALO, NY 14213 At the property mentioned above, there was water leakage that started around June 6th The plumber tried to track and resolve the leakage. It was determined that the water line from the house to the street was broken. The city was involved to help and determine where the lines and shutoffs were. There is a huge tree -where a root had grown Over the shutoff valve. The plumber removed a portion of the tree root in order t get to the shut -off. By doing so, this causes the possibility of structure damage to the tree, which may lead to current and future damage to lives and personal property by falling or an unknown. The plumbing contractor encouraged a letter to be written to document this. Due to the fact that the tree is on city property, this tree needs to be taken down to prevent any liability. On June 21, 2002 the repairs and necessary work involved with the water main line was completed. RECEIVED AND FILED NO. 78 Hazardous Condition on PROPERTY AT 59 CONGRESS STREET BUFFALO, NY 14213 To Whom It May Concern: At the property mentioned above, there is a tree growing at a forty five (45) degree angle from the ground up. Because of this angle, the tree is growing with a root support that is unreliable. Weather conditions such as heavy rains, snow or other elements may cause multiple damages to personal property and /or persons. This is definitely considered to be a hazardous condition. A liability might be caused. RECEIVED AND FILED NO. 79 INFO — HELIPAD SITE BRYANT ST I live directly across the street from the proposed helipad site. My family (wife, son, (age 16), son (age 2), expectant baby in November) and myself, will be most affected by the helicopter visits. I am not opposed to the idea of a helipad, in fact, I support it. I just don't support it in it's proposed location. I have read from cover to cover, the Kaleida - commisioned Heliport study. My understanding is that money is the major factor in keeping the helipad from the smartest and safest location on the top of the Variety Tower. The noise, wind, clearance, safety, and dirt /debris factors of the Kaleida- chosen location seem less favorable than that of the variety Tower location. The consistent wind conditions and out -of- the -way nature of the tower roof are major factors in the superior choice of this location. As a crow flies, and as a stone falls, the southeast comer of the Variety tower is actually closer to the emergency room than the Kaleida preference of the NICU roof. This debunks the argument of proximity that I keep hearing. A dedicated elevator could solve transport speed problems. The bottom line of the preferred location is purely financial. I just would like to go on record as saying that the difference of $500,000 will be a small price to pay if a helicopter accident occurs, in this residential area, or, if one small child suffers hearing loss due to unsafe decibel levels. I expect you, as my elected representatives, to obtain assurances, in writing, from Kaleida that the helipad will be used exclusively for child trauma victims obtaining services at children's hospital. Also, I would expect a comprehensive study regarding the impact on hearing loss to people living or working this close to a helicopter landing pad. The Kaleida study claims a landing average of less than 4 times per week. I would hope that this is accurate. I don't want the transport of politicians and celebrities to cause myself, or my family, restless days and sleepless nights. I would also like to go on record as requesting a publicized demonstration of a helicopter touchdown at the proposed location so that we will know exactly what to anticipate coming at all hours of the day, a minimum of 4 times a week. In closing, I would like to say that we should remember some of the short- sighted, penny -wise, pound - foolish mistakes of the past that have kept Buffalo from prospering and not make another one. P.S. I would expect that we can soon address the issue of compensation to the residents who will clearly be affected by this overly hasty, eminent domain -like action RECEIVED AND FILED AYES — BONIFACIO, COPPOLA, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO,MARTINO AND THOMPSON - 10 NOES — DAVIS. GRAY AND PITTS — 3 NO. 80 Notice of Deficiency - RIVERWALK This form is intended to report any transportation deficiency, hazard or lack of enforcement on public property. This will put on notice the city /village /town /county, state or federal agency responsible for maintenance, repair or enforcement that there is a deficiency that poses a danger to motorists, bicyclists, persons in wheel chairs and pedestrians. If action is not taken to repair or remove the deficiency, then any person who is harmed has the right to claim damages for injury to their person, vehicle or both from the municipal government in whose jurisdiction the deficiency is located. Legal action may also be appropriate whether a deficiency report has been filed no not. If in doubt, consult a lawyer. You may wish to make a record of this filing. Make a duplicate copy and post on our web sitewww .CommunityZero.com /bikepedco to report and track the progress of the. remedy you suggest. Keep a copy or record of your report. and monitor the repairs or remedy you have suggested. Types of deficiencies include but are not limited to: pot holes, broken pavement, large cracks or holes in pavement, no curb cut, wide gaps in expansion joints on bridges etc., wide gap or drop -off in pavement joints at edge of road, broken shoulder, gravel and debris (broken glass, etc) on pavement or shoulder, standing water (clogged drains), hole formed from utility covers not at grade, dangerous storm drain grates, snow covered, broken or uneven sidewalk, double parked cars, cars blocking crosswalks, dangerous cross walks due to right turn on red, in fact any deficiency that poses a hazard. This includes the failure of police to uniformly enforce the rules and regulations of the road for all users. Report should be filed with the appropriate government agency. (Call city or town clerk if in doubt) Governments can be and have been successfully sued for what they DO or DO NOT DO Legal advice to municipalities: "The best approach is to develop q strong, proactive program to plan, design, build, maintain and operate a fully balanced transportation system that responds to the needs of all potential users." Tort and Liability Issues, Bicyclists and Pedestrian Accommodations Training course, FHWA_ Q REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 81 Buffalo Economic Renaissance Corporation (BERC) DEVELOP WEB BASED GIS The Buffalo Economic Renaissance Corporation (BERC) is developing an on -line Internet -based Economic Development tool to help promote all neighborhood commercial districts in the Empire Zone and Live Zone, as well as, downtown, City Smart, and other City land development efforts. This "web - based GIS" will advertise available retail and commercial space in each area and also list and describe all of the assistance programs available for each property. To this end, over the next few months', interns working for the consultant engaged by BERC will be walking through your district photographing, writing, and video taping. These interns will be recording information about each commercial /retail property, including building type, if space is available or vacant, business tenants, addresses and building condition. In addition to listing available property, the BERC website will describe each business district. To make this description as representative as possible, an intern will be contacting your office to follow -up on this letter. 'Your staff will be asked for descriptive materials, including maps and historic information. We will also be notifying all Business Associations and asking their assistance in gathering descriptive materials about the district. The website will be launched in early 2003. It will be accessible through the BERC, Buffalo Niagara Enterprise (BNE) and State websites. If you have any questions or concerns, please do not hesitate to contact Michael Ball at 842 -2667 ext. 164. RECEIVED AND FILED NO. 82 Buffalo- Niagara Partnership Please file these documents with the Council for the next council meeting scheduled for Tuesday July 9, 2002. If any questions please call 851 -5145 COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 83 PROPOSED IMPROVEMENTS MILK JR PARK POOL Please file these documents with the Council for the next council meeting scheduled for Tuesday July 2, 2002. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 84 proposed BURA Administrative Budget 2002 -03 Attached herewith, for your consideration, is the proposed administrative budget for the 13uffalo Urban Renewal Agency for the fiscal year July 1, 2002 - June 30, 2003.The Department of Community Development has reviewed the item described below and finds it consistent with its policies and practices. I, therefore, recommend its passage. COPY AVAILABE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 1 »1111[*LF� NO. 85 K. JOYCE, AGENT, USE 9 WEST BALCOM FOR A HUMAN SERVICES FACILITY. (HRG. 7/16) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 86 F. LORENZO, AGENT, USE 494 ELMWOOD FOR A RESTAURANT (HRG 07/16) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 87 Kevin Widdowson, Agent, Protective Industries LLC, Use 2150 Elmwood- Ground Sign The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL Regular Committees Civil Service (Marc A. Coppola, Chairperson) NO. 88 C. Fisher -K. Graf - Concerns Residency (CCP #5 7 -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 Appointment Associate Auditor (Max) (Compt.) (Item No. 23- C.C.P. June 25, 2002) That Communication 23, June 25, 2002 be received and filed and the permanent appointment of James E. Barrett stated above at the maximum salary of $42,621 effective on June 13, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 90 Appointment Sr. Architect (Max) (PW) (Item No. 5 I- C.C.P. June 25, 2002) That Communication 5 1, June 25, 2002 be received and filed and the permanent promotion of Burke Glaser stated above at the maximum salary of $52,530 effective on June 10, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 91 Appointment Bingo Inspector (Max) (Permits /Insp.) (Item No. 56- C.C.P. June 25, 2002) That Communication 56, June 25, 2002 be received and filed and the provisional appointment of Thomas L. DiMaria stated above at the maximum salary of $32,263 effective on June 6, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 92 Notices of Appts. -Temp. /Prov. /Perm. (C. Clk.) (CCP #67 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 93 Set Pub. Hrg. - Augspurger Exp. - Condemn. -43 W. Huron St. ( #120,5/28) (Hrg. 6/25) (CCP #96 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 Set Pub. Hrg. -352 Pearl St. ( #119,5/28) (Hrg. 6/25) (CCP #97 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 Perm. -Enter Agree. - Custom Bench Advertising Corp. (PW) (CCP#44 -Apr. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 L. Lindsay - Custom Bench Advertising Corp. (CCP #67 -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 97 P. Hotung - Req. City of Buffalo Purchase Main Place Parking Facility (Item No - 74, C. C. P., Apr. 2, 2002) (item No. 110 C. C. P., Apr. 16, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 98 SALE OF MAIN PLACE RAMP (ITEM NO. 2, C. C. P., APR. 30, 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. 99 SALE OF MAIN PLACE RAMP (BFLO. CIVIC AUTO RAMPS) (ITEM NO. 77, C.C.P., APR. 30, 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. 100 C. FISHER - J. STROMECKI - SUMMARY OF REPAIRS AND PRICES FOR THE MAIN PLACE RAMP (ITEM NO. 79, C. C. P., APR. 30, 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. 101 M. SCHMAND - BUFFALO PLACE - COMMENTS - MAIN PLACE RAMP (ITEM NO. 94, C.C.P., APR. 30, 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. 102 COMPTROLLER'S RESPONSE - SALE OF MAIN PLACE RAMP (ITEM NO. 27, C.C.P., MAY 14, 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 SALE OF MAIN PLACE RAMP (ITEM NO. 168, C.C.P., MAY 14, 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. 104 SALE OF MAIN PLACE RAMP (BD. OF PKG.) (ITEM NO. 3, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 105 SALE OF MAIN PLACE RAMP (MAYOR) (ITEM NO. 65, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 106 CDBG FUNDING FOR ACQ. OF 800 BLOCK MAIN & ELLICOTT ST. PARCEL (STRAT. PLAN.) (CCP #13 -JUNE 25, 2002) That the above item be and the same hereby received and filed. AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS -12. NOES - THOMPSON -1. ADOPTED NO. 107 BURA PURCHASE OF EIGHT CITY -OWNED PROP. -844, 846, 854, 858, 864, 878 & 888 MAIN & PORTION OF 380 N. OAK ST. ( #6, 5/28) (STRAT. PLAN.) (CCP #100 -JUNE 25, 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, PITTS -12 NOES - THOMPSON -1. NO. 108 RES. NEG. SALE OF CITY PROP. TO BURA -844, 846, 854, 858, 864, 878 & 888 MAIN ( #82, 5/28) (# 12, 2/19) (STRAT. PLAN.) (CCP# 101 -JUNE 25, 02) That the above item be and the same hereby is received and filed. AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS -12 NOES - THOMPSON -1. ADOPTED NO. 109 SALE OF BUILDINGS TO BURA (#84,6/28) (#26,3/6) (COMPT.) (CCP #103 -JUNE 25, 02) That the above item be and the same hereby is received and filed. AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS -12 NOES - THOMPSON -1 ADOPTED NO. 110 RESULT OF NEGOTIATIONS - ABANDONMENT AND SALE - 190 PERRY STREET (ITEM NO. 12, C.C.P., JUNE 25, 2002) That the City of Buffalo does hereby abandon 190 Perry Street and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the offer from the Buffalo Urban Renewal Agency, in the sum of Ninety -Five Thousand Dollars ($95,000.00) for the purchase of 190 Perry Street, be and hereby is accepted; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED. AYES -13. NOES -0. NO. 111 RESULTS OF NEGOTIATIONS - 1164 AND 1166 JEFFERSON, 280 AND 282 SOUTHAMPTON (ITEM NO. 15, C.C.P., JUNE 25, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Mr. Clark A. and Mrs. Lois E. Bona, residing at 4595 Harris Hill Road, Williamsville, in the Sum Of Six thousand and five hundred dollars ($15,500.00) for the purchase of 1164 and 1166 Jefferson and 280 and 282 Southampton, be, and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. Passed. AYES -13. NOES -0. NO. 112 UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK POWER CORP. JOE MCCARTHY PARK (ITEM NO. 16, C.C.P., JUNE 25, 2002) That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an easement agreement with Niagara Mohawk and Verizon New York, Inc., for use of Joe McCarthy Park on the condition that the easement be limited to 10' (ten feet) on each side of the overhead line. That the Corporation Counsel be authorized to review the agreement and that the Mayor be authorized to execute the same. PASSED. AYES -13. NOES -0. NO. 113 TRANSPORTATION AUDIT (COMPT.) (CCP #24 -APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 TRANSPORTATION AUDIT (PW) (CCP #59 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 TRANSPORTATION AUDIT (A &F) (CCP #59 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 AUDIT OF CITY OWNED VEHICLES (COMPT.) (CCP #17 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 AUDIT OF CITY OWNED VEHICLES ( #147, 6/11) (CCP #125 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 ADMINISTRATIVE VEHICLE POLICY (A &F) (CCP #57 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 LEASE - 560 WALDEN AVENUE (ITEM NO. 11, C.C.P., JUNE 11, 2002) (ITEM NO. 99, C.C.P., JUNE 25, 2002) That the Executive Director of Strategic Planning be, and he hereby is authorized to execute a lease between the City and Gilbert Acker, for use of city -owned property located at 92 Sweet Avenue, to commence on June 1, 2002 and expire May 31, 2003, for the rental fee of Two Hundred and Fifty Dollars ($250.00), under the same terms and conditions as listed in the above communication. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents for said lease and that the Mayor be authorized to execute the same. Passed AYES -13. NOES -0. No. 120 C. Fisher -S. Spinks- Concerns -Tree Cuttings -220 Jersey St. (CCP #59 -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 121 B. Grant -F. Cahill -Req. Splash Pad - McCarthy Park (CCP #6 I -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 122 Use of 3300 Bailey Ave. - Satellite COP Station -Sts. Safety Bldg. (Pol) (CCP #29 -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) No. 123 R. Roehm, Sr., Petition to Use 3043 Main Street - Change of Use - Doughnut Bakery (item No. 8 1 C. C. P., June 25, 2002) That the petition of R. Roehm, Sr., for permission to change the use of a doughnut bakery located at 3043 Main Street be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 124 A. Quimby, Petition to Use 2523 Main Street - Pole Sign (Item No. 83, C.C.P., June 25, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the petition of A. Quimby, agent, for permission to use 2523 Main Street for a pole sign be, and hereby is approved on the condition that the Zoning Board of Appeals approves the required variance. Passed. AYES -13- NOES -0 No. 125 H. Nguyen, Petition to Use 3396 Bailey - Restaurant (Item No. 85, C.C.P., June 25, 2002) That after the public hearing before the Committee on Legislation on July 2, 2002, the petition of H. Nguyen, agent, for permission to use 3396 Bailey Avenue for a restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 126 E. Kolken, Petition to Use 173 Allen - Take -out Restaurant (Item No. 86, C.C.P., June 25, 2002) That after the public hearing before the Committee on Legislation on July 2, 2002, the petition of E. Kolken, owner, for permission to use 173 Allen for a takeout restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 127 J. Braciszewski, Petition to Use 601 Hertel - Human Service Facility (Item No. 87, C.C.P., June 25, 2002) That after the public hearing before the Committee on Legislation on July 2, 2002, the petition of J. Braciszewski, agent, for permission to use 601 Hertel Avenue for a human service facility be, and hereby is approved, Passed. AYES -13- NOES -0 No. 128 0. Smukler, Petition to Use 1368 Hertel Avenue - Restaurant (Item No. 88, C.C.P., June 25, 2002) That after the public hearing before the Committee on Legislation on July 2, 2002, the petition of 0. Smukler, agent, for permission to use 1368 Hertel Avenue for a restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 129 D. Erickson, Petition to Use 212 Grant Street - Sidewalk Patio (Item No. 89, C.C.P., June 25, 2002) That the petition of D. Erickson, owner, for permission to use 212 Grant Street for a sidewalk patio on the right side of baker /restaurant be, and hereby is approved with the following conditions: 1. That there be no outside music permitted on the sidewalk patio. 2. That there be no outside trash permitted on the sidewalk patio. 3. That the sidewalk patio closes at 11:00 p.m. Passed. AYES -13- NOES -0 No. 130 R. Sherwood, Petition to Use 1] 06 a /k /a Lovejoy Street - Sidewalk Cafe (Item No. 90, C.C.P., June 25, 2002) That the petition of R. Sherwood, agent, for permission to use 1106 a /k/a 1108 Lovejoy Street for a sidewalk cafe be, and hereby is approved with the following conditions: I . That there be no outside music permitted on the sidewalk patio. 2. That there be no outside trash permitted on the sidewalk patio. 3. That the sidewalk patio closes at 11:00 p.m. Passed. AYES -13- NOES -0 No. 131 Cohen & Lombardo, Petition to Use 343 Elmwood Avenue - Sign (Item No. 92, C.C.P., June 25, 2002) That the petition of Cohen & Lombardo, agent, for permission to use 343 Grant Street for a ground sign not to exceed 5' (five feet) be, and hereby is approved. Passed. AYES -13- NOES -0 No. 132 V. Panagopouos, Petition to Use 1122 Elmwood Avenue - Sidewalk Cafe (Item No. 79, C.C.P., June 11, 2002) That after the public hearing before the Committee on Legislation on June 18, 2002, the petition of V. Panagopouos, owner, for permission to use 1122 Elmwood Avenue for a sidewalk cafe be, and hereby is approved. Passed. AYES -13- NOES -0 No. 133 Appt.- Member -Bflo, Arts Comm. (Mayor) (CCP #I -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 134 Reappt. /Appt.- Members -Bd. Of Hearing Examiners (Mayor) (CCP #3 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 135 Security for Special Events (CCP #146 -June 11, 02) That the above item be and the same hereby is received and filed - ADOPTED No. 136 Ordinance Amendment - Chapter 63 - Aircraft (Item No. 169, C.C.P., June 25, 2002) That the Ordinance Amendment as contained in Item No. 169 C.C.P., June 25, 2002, be and the same hereby is approved. Passed AYES -13- NOES -0 Children's Hospital plans to endanger the lives of the patients, staff and neighbors while democracy takes a back seat In their rush to build a helipad at Children's Hospital, hospital officials have chosen the worst and most dangerous site possible for this installation. Placement of the helipad on top of the Pediatric Intensive Care Unit will create a serious and ongoing threat to not only the helicopter pilots and their passengers but also all the children being treated in the Alfieri wing of the hospital and those living nearby. The proposed landing site is small and hemmed in by the Variety Tower 50 feet to the west and a flammable high capacity high - pressure oxygen storage tank 30 feet to the east. The location is just above the main entrance to the hospital and directly on top of an area that serves the sickest patients, all of whom are immobile and most connected to oxygen. Obviously, any accident here carries with it the risk of an enormous catastrophe. Further complicating this situation are the winds. As any resident of our neighborhood can attest, the wind literally roars up Bryant and Hodge creating eddies and unpredictable conditions around the buildings, the Variety Tower in particular. Over the past 2 years there have been 17 fatalities resulting from Medevac helicopter accidents in the U.S. Following a multiple fatality Medevac helicopter accident at the Cleveland Clinic earlier this year, the NTSIB determined that the cause was a gust of wind that rendered the helicopter uncontrollable. This unfortunate event also caused significant damage to the hospital building. While saving just one child's life as a result of quick access to the hospital will make a helipad worthwhile, don't we have some obligation to protect the safety of the 20 to 30 patients and staff that may be in the wing at any time, not to mention the people occupying homes within several hundred feet of the proposed site? I am truly disappointed that all the purportedly good minds at work on this project managed to choose the most dangerous site among all the others available. The originally proposed site, the Doctor's Parking lot at the comer of Elmwood and Bryant is perhaps the best. This is certainly the lowest cost option and the patients can be immediately helped in the Emergency Room directly adjacent to the lot. The top of the Variety Tower is also a safe choice. This was the alternative location that seemed acceptable to everyone after a meeting on the subject last year when Forever Elmwood refused to endorse the Elmwood /Bryant site. The roof of the hospital Parking Ramp is another viable option. Constructing a covered walkway from there would allow direct protected access to the second floor of the hospital, then to the PICU. Even the top of the new Ambulatory Pediatrics building slated for construction on the north side of Hodge would be a far preferable site when compared to what is proposed. My deep concern over the wisdom of choosing this site is shared by many of the people living, near the hospital and yet surprisingly, not by most of the hospital officials or our elected representatives. To facilitate immediate action on the Alfieri wing site, our Councilman Marc Coppola has felt it is his responsibility to circumvent the law. City of Buffalo Ordinance Ch. 63 -3, Sec. F clearly states that the project can only move forward if 651110 of those people residing within 1,500 feet of the proposed site agree with its installation. This requirement is in place to provide a fair, open and democratic process for input by those most directly affected by these plans. At your meeting this last Tuesday, Councilman Coppola introduced a motion to waive this requirement of law by exempting medical facilities that are certified by the State for treatment of trauma victims. Altruism aside, this move was obviously aimed at prohibiting public input on the project and hurrying it through as soon as possible. We have all seen the consequences of decision - making that was supposedly for the good of the people, but lacked their participation. There are now many people in the community who are questioning not only the rush to change what appears to be a good democratic law, but the thinking behind choosing the most dangerous location. Both the process and the rationale are now suspect such that should his proposal be allowed to move forward without adequate study and discourse, the credibility of the Common Council could be damaged. Councilman Coppola's motion was approved by 2 Council members allowing it to be voted. upon by the full Common Council at today's meeting. Let us all hope that good and common sense will prevail during that vote to the extent that the hospital administration is forced to act responsibly, and in the best interests of its patients and staff, by reconsidering its plans. AYES — BONIFCIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, MARTINO AND THOMPSON — 7 NOES — DAVIS, FISER, GRANT, GRAY, LOTEMPIO AND PITTS - 6 NO. 137 Change of Parking Restrictions (Item No. 167, C.C.P., June 11, 2002) That this Common Council requests that the Department of Public Works, Parks and Streets implement alternate parking on Rodney Avenue between Halbert and Fillmore Avenue. Adopted NO. 138 Notification Serial #9399 (CCP #28 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 J. Giambra- Response Ord. -Pkg. Regulations - Elmwood Ave. (CP) (CCP #3 O -May 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 1 Campfield- Concerns - Nightclub /Bar Touch of Class -134 Dewey (CP) (CCP# 17 -May 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 1 Campfield- Concerns - Nightclub /Bar Touch of Class -134 Dewey (Poll) (CCP #52 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 B. Noyes -State Liq. Auth.- Comments - Complaints -134 Dewey Ave. (CCP #69 -June 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 Req. Board Up- 182 Garner Ave. (Permits /Insp.) (CCP #55 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 Encroach 621 -623 Main Street - Awning (Item No. 29, C.C.P., June 25, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Craig Kohler of Kohler Awning, acting as agent for the applicant, Ya Ya's Bayou Brew House, located at 621 -623 Main Street, to install an awning, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of said awning as long as it remains within City right -of -way. 4. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. Passed. AYES -13- NOES -0 NO. 145 Expanding Existing Sidewalk Caf6 577 Forest Avenue (item No. 30, C.C.P., June 11, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Vasilis Panagropoulos, owner of Plate -Oh's Restaurant, located at 577 Forest Avenue, for the installation of the expanding cafe which would measure approximately 20' in length and 6' from the building face, provided all conditions in the original approval at Item No. 137, C.C.P., April 20, 1999 are met. Passed. AYES -13- NOES -0 No. 146 Sidewalk Cafe - 1106 East Lovejoy Street (Item No. 48, C.C.P., June 25, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Robert Sherwood, owner of Bottum's Up Bar, located at 1108 East Lovejoy Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed twenty -two (22') in length or extend more than six feet (6) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.,That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES -13- NOES -0 No. 147 Sidewalk Cafe - 222 Grant Street (Item No. 50, C.C.P., June 25, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Elmer Maldonado, owner of the Tropical Bakery & Restaurant, located at 222 Grant Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed eighteen (18') in length or extend more than eight feet (6) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1. 3 0) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES -13- NOES -0 No. 148 Sidewalk Cafe - 38 Swan Street (Item No. 27, C.C.P May 28, 2002) (Item No. 132, C.C.P., June 25, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Pat McGinty and John Nostrant, owners of Pat McGinty's Bar, located at 38 Swan Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed twenty two feet (22') in length or extend more than five feet (5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -or -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That the sidewalk cafe meets the approval of the Preservation Board. 9 That there be no outside music on the sidewalk caf6. 10. That there be no trash receptacles on the sidewalk caf6. 11. That the sidewalk caf6 close as 12:00 a.m. on weekdays and 1:00 a.m. on weekends. Passed. AYES -13- NOES -0 No. 149 Sidewalk Cafe - 38 Swan Street (CP) (Item No. 5, C.C.P., June 11, 2002) (Item No. 133, C.C.P., June 25, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 150 C. Fisher -Req. Assist. - Eradicate Illegal Activity-Del i- Leroy /Grider Ave. (CCP #5 8 -May 28, 02) That the above item be and the same hereby ADOPTED No. 161 Trailblazer Sign /Plaque for 295 Carlton Street (Item No. 190, C.C.P., June 25, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That this Common Council requests that the Department of Public Works, Streets and Parks install a trailblazing sign /plaque that reads, "Marva Jeane Daniel Street" below the existing sign at 295 Carlton Street (P.S. School 937); and That a certified copy of this resolution be forwarded to Joseph N. Giambra, Commissioner, Department of Public Works, Streets and Parks. PASSED AYES -12- NOES -1 A Y E — BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT,GRAY„ MARTINO, PITTS, THOMPSON - 12 NOES — LOTEMPIO — 1 NO. 152 R. Fontana -J. Armbruster -Conc. Laidlaw Fac.Nar. Traf. Signs - Walden /St. Mary's ( #65,4/16) (CCP #129 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED Special Committees REAPPORTIONMENT COMMITTEE (Joseph Golombek, Jr., Chairman) No. 153 G. Arthur -Cit Adv. Comm. on Reapportionment -COB 2002 Redistricting Recommendations (CCP #5 I -May 28, 02) That the above item be and the same hereby is laid on the table LAID ON THE TABLE NO. 154 D. Collins -APRI- Comments -COB Reapportionment (CP) (CCP #24 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 B. Thompson- Comments -COB Reapportionment (CCP #78 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 Reducing the Size of Bflo. Common Council to Nine Members (CCP #178 -June 25, 02) That the above item be and the same hereby is laid on the table LAID ON THE TABLE AYES — BONIFACIO, COPPLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO AND MARTINO — 7 NOES — DAVIS, FISHER, GRANT, GRAY, PITTS AND THOMPSON -6 BUDGET COMMITTEE (Rosemarie LoTempio, Chairperson) NO. 157 Judge Margaret Murphy - Layoffs from Div. of Substance Abuse Services (Item No. 80, C.C,P., June 25, 2002) That the Common Council does hereby endorse the Division of Substance Abuse Services proposal submitted by Judge Margaret Murphy. ADOPT RESOLUTIONS NO. 158 By: Mr. Coppola SUBJECT - Appointment to Citizens Planning Council Whereas: There are currently four (4) vacant seats on the Citizens Planning Council.- and Whereas: The appointment of Thomas Vossler to the Citizens Planning Council would be beneficial to the City of Buffalo; and Whereas: Mr. Vossler resides at 324 Beard Avenue within the City of Buffalo and is employed by Trubba, Collins Associates and is a stockbroker, and volunteers within the community in various ways; and Whereas: Mr. Vossler's financial background and community interest, he would serve as a great asset to the Citizens Planning Council. Now, Therefore, Be It Resolved: That this Common Council appoints Thomas Vossler to the Citizens Planning Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COUNCIL PRESIDENT NO. 169 By:Mr. Coppola SUBJECT Sale of Portion of 762 Elmwood Ave. Whereas: The City of Buffalo acquired 762 Elmwood Ave. in 1979 and developed the parcel into a tot lot; and Whereas: The lot is no longer properly maintained and is not being used for its intended purpose. Consequently, it has become a matter of concern for area residents and businesses; and Whereas: Plans for future use of the parcel have been discussed in meetings involving area residents, businesses, and city officials; and Whereas: The owner of the adjoining property at 758 Elmwood, Gregory P. Koessler, dba GPK, LLC, 42 Saybrook PL, Buffalo, NY 14209, has proposed acquiring the rear portion of 762 Elmwood for future development and providing funds for the development of a pocket park for public use on the front portion of the city owned parcel; Now, Therefore, Be It Resolved: That the Division of Real Estate be authorized to negotiate the sale of the rear portion of 762 Elmwood to Gregory P. Koessler, dba GPK, LLC; and Be it further resolved: That GPK, LLC provide its plans for the development of the lot at 762 Elmwood with this Common Council for consideration and approval. ADOPT THE FINAL RESOLVE REMAINER TO THE COMMITTEE ON FINANCE THE DIRECTOR OF REAL ESTATE, CORPORATION COUNSEL AND STRATEGIC PLANNING NO 160 BY: MR MARC COPPOLA SALARY ORDINANCE AMENDMENT 66 - COMMUNITY SERVICES 66 - PERMITS & INSPECTIONS 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 - Department of Community Services, 65 - Permits & Inspections, which currently read: 66 - 1006 BMHA - HUD 2Substance Abuse Specialist $ 32,750 - $ 37,73 -2 The following Salary Ordinances for the Division of Substance Abuse services reflect a restructuring of the Division that addresses the issue of increasing the rate of reimbursable services and ultimately revenues. The plan that has been developed has been endorsed by Gerald Richardson, Program Manager of the state Office of Substance Abuse Services and the City Court of Buffalo. The performance of the Division of Substance Abuse Services in adhering to the plan will be monitored and reports will be filed every sixty (60) days with the Mayor and the Common Council outlining the Division's progress toward increasing its reimbursements and the achieving the goal of self sufficiency. Monitoring and Reporting shall be performed by a Committee charged with such responsibility. The Committee shall consist of the Honorable Robert Russell (Judge of the Buffalo City Court Drug Court), the Honorable Margaret A. Murphy (Buffalo City Court Judge), Hank Pirowski (Project Director of the COURTS Program), a representative from Erie County Department of Social Services, and such other persons as may be necessary to make the appropriate review and recommendations to the City of Buffalo. Reports shall be filed on or about the following dates: August 30, 2002; October 31, 2002 and December 31, 2002. If the Division of Substance Abuse Services, at any point during this time period, falls to make progress toward the goal of increasing its reimbursements and achieving self- sufficiency, the Committee shall make recommendations for addressing any and all deficiencies. Failure to correct these deficiencies and achieve the goal of increasing, reimbursements sufficient to project self- sufficiency for the fiscal year, exclusive of the state required local match, by December 31, 2002 will result in all employees of the Division of Substance Abuse Services being terminated from City employment. 66 - 1007 SUBSTANCE ABUSE -DSAS 4 Senior Counselor $ 32,750 - $ 37,732 5 Counselor III $ 29,083 - $ 32,762 1 Clerk $ 23,950 - $ 26,506 Is hereby amended to read: 66 - 1301 COMMUNITY SERVICES 1 Associate Account Clerk ( C. Sexton , Only) 66 - 1006 BMHA - HUD 1 Substance Abuse Specialist $ 32,750 - $ 37,732 1 Account Clerk Typist $ 25,005 - $ 27,859 The following Salary Ordinances for the Division of Substance Abuse services reflect a restructuring of the Division that addresses the issue of increasing the rate of reimbursable services and ultimately revenues. The plan that has been developed has been endorsed by Gerald Richardson, Program Manager of the state Office of Substance Abuse Services and the City Court of Buffalo. The performance of the Division of Substance Abuse Services in adhering to the plan will be monitored and reports will be filed every sixty (60) days with the Mayor and the Common Council outlining the Division's progress toward increasing its reimbursements and the achieving the goal of self sufficiency. Monitoring and Reporting shall be performed by a Committee charged with such responsibility. The Committee shall consist of the Honorable Robert Russell (Judge of the Buffalo City Court Drug Court), the Honorable Margaret A. Murphy (Buffalo City Court Judge), Hank Pirowski (Project Director of the COURTS Program), a representative from Erie County Department of Social Services, and such other persons as may be necessary to make the appropriate review and recommendations to the City of Buffalo. Reports shall be filed on or about the following dates: August 30, 2002; October 31, 2002 and December 31 2002. If the Division of Substance Abuse Services, at any point during this time period, fails to make progress toward the goal of increasing its reimbursements and achieving self- sufficiency, the Committee shall make recommendations for addressing any and all deficiencies. Failure to correct these deficiencies and achieve the goal of increasing reimbursements sufficient to project self- sufficiency for the fiscal year, exclusive of the state required local match, by December 31, 2002 will result in all employees of the Division of Substance Abuse Services being terminated from City employment. 66 - 1007 SUBSTANCE ABUSE -DSAS 1 Director of Counseling 40,738- 47,772 2 Senior Counselor 32,750- 37,732 6 Counselor 1 11 29,083- 32,762 2 Clerk 23,950- 26,506 66 - 1074 OFFICE OF COMPLIANCE 1 Senior Stenographer $25,567-$ 28,663 66 - PERMITS & INSPECTIONS 1 Building Inspector (W. Leisck, Only) It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Donald 0. Allen, Commissioner of Community Services, Raymond McGurn, Commissioner of Permits and Inspections and James B. Milroy Ph.D., Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. PASSED AYES -13- NOES -0 NO. 161 BY: MARC COPPOLA SALARY ORDINANCE AMENDMENT 66 - COMMUNITY SERVICES 1307 SUBSTANCE ABUSE -DSAS 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 - Department of Community Services 1307 -which currently reads: The following Salary Ordinances for the Division of Substance Abuse services reflect a restructuring of the Division that addresses the issue of increasing the rate of reimbursable services and ultimately revenues. The plan that has been developed has been endorsed by Gerald Richardson, Program Manager of the state Office of Substance Abuse Services and the City Court of Buffalo. The performance of the Division of Substance Abuse Services in adhering to the plan will be monitored and reports will be filed every sixty (60) days with the Mayor and the Common Council outlining the Division's progress toward increasing its reimbursements and the achieving the goal of self sufficiency. Monitoring and Reporting shall be performed by a Committee charged with such responsibility. The Committee shall consist of the Honorable Robert Russell (Judge of the Buffalo City Court Drug Court), the Honorable Margaret A. Murphy (Buffalo City Court Judge), Hank Pirowski (Project Director of the COURTS Program), a representative from Erie County Department of Social Services, and such other persons as may be necessary to make the appropriate review and recommendations to the City of Buffalo. Reports shall be filed on or about the following dates: August 30, 2002; October 31, 2002 and December 31, 2002. If the Division of Substance Abuse Services, at any point during this time period, fails to make progress toward the goal of increasing its reimbursements and achieving self- sufficiency, the Committee shall make recommendations for addressing any and all deficiencies. Failure to correct these deficiencies and achieve the goal of increasing reimbursements sufficient to project self- sufficiency for the fiscal year, exclusive of the state required local match, by December 31, 2002 will result in all employees of the Division of Substance Abuse Services being terminated from City employment. 6 Counselor $29,083- $ 32,762 2 Clerk $23,950- $ 26,506 Is hereby amended to read: 7 Counselor $29,083- $ 32,762 I Clerk $23,950- $ 26,506 Senior Counselor ( B. Sherry) It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing -, ordinance is necessary. We, Donald 0. Allen, Commissioner of Community Services and James B. Milroy Ph.D., Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. PASSED AYES -13- NOES -0 NO. 162 By: Mr. Brian C. Davis SUBJECT: Display Banner for Karibana Festival Whereas: The Karibana Festival, Inc. plans to hold the above event from Friday to Sunday, August 9 -11, 2002; and Whereas: To promote this event, the Karibana Festival, Inc. has requested permission to display two (2) banners on Delaware Ave. between Niagara Sq. and Huron, and North St. and Allen St.; and Whereas: The organizers would like to display the banners from July 1, 2002, through August 11, 2002; Now, Therefore, Be It Resolved: That this Common Council grants permission to the Chippewa Business & Property Owners Association, Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES -13- NOES -0 NO. 163 By: Councilmember Brian C. Davis RE: Urban Renewal Site Designation Michigan Street Preservation Area WHEREAS, the Office of Strategic Planning has recommended that 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 east, the street centerline of William Street on the south, the street centerline of Elm Street on the west, and the street centerline of Broadway on the north, be designated as a substandard, insanitary area which tends to impair and arrest the sound growth and development of the municipality, and that the Area be designated as appropriate for urban renewal treatment, ; and WHEREAS, the designation of said area will allow for the systematic, long term, preservation, restoration, and revitalization of this historically significant; and WHEREAS, the designation of said area will provide new cultural and economic development opportunities to the community at large, and will aid in the stabilization of local real property values and property tax rolls, and will provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on June 18, 2002 at 8:15 a.m., at which hearing the proposed site designation was presented and explained in detail, and those desiring to be heard were heard; and WHEREAS, a public hearing upon the matter was held upon due notice before the Common Council of the City of Buffalo in Room 1308 City Hall on July 23, 2002 at 2:00 p.m., at which hearing the proposed site designation was presented and explained in detail, and those desiring to be heard were heard, NOW, THEREFORE, BE IT RESOLVED, that, we the duly elected members of the Common Council of the City of Buffalo, do hereby designate the above described Michigan Street Preservation Area as being a substandard, insanitary area which tends to impair or arrest the sound growth and development of the municipality, as defined in Subdivision 3 of Section 502, Article 15 of the New York State General Municipal Law, and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, and Section 105(D) of Title I of the Housing Act of 1949, as being appropriate for urban renewal treatment; and BE IT FURTHER RESOLVED, that, the Executive Director of the Office Strategic Planning is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the Michigan Street Preservation Area, as described above, and that the draft Urban Renewal Plan be submitted to the Common Council for approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 164 BY: Councilmember Brian C. Davis RE: Set Public Hearing - Urban Renewal Site Designation Michigan Street Preservation Area WHEREAS, the Office of Strategic Planning has recommended that the Common Council of the City of Buffalo designated the Michigan Street Preservation Area, which is generally bounded by the street centerline of Nash Street on the east, the street centerline of William Street on the south, the street centerline of Elm Street on the west, and the street centerline of Broadway on the north, 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 Section 105(D) of Title I of the Housing Act of 1949, as amended, and has requested authorization to prepare such a Plan; and WHEREAS, the City Planning Board, upon conducting a public hearing held on due notice, did consider said Site Designation and approved the proposed Urban Renewal Site Designation at its Meeting of June 18, 2002, and did submit its report and unqualified recommendations respecting said Site Designation to the Common Council; 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 and the City Record, no later than the 12th day of July, 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 July 23, 2002. ADOPTED NO. 166 BY: Mr. Fisher SUBJECT: PERMISSION TO HANG A BANNER ACROSS BEST STREET & JEFFERSON AVENUE Whereas: The Gospel Fest Committee is preparing for their annual Gospe I Fest; and Whereas: This outdoor gospel Pest was started in 1987 at M & T Plaza in downtown Buffalo; and Whereas: The Gospel Fest has grown to become the largest outdoor gospel Pest in Western New York; and 'Whereas: The Committee is anxious to inform the entire community of this annual event; and Whereas: This banner will serve to advertise the dates of this upcoming event; and Whereas: The Committee has obtained all the necessary liability insurance for this event, which will be held on July 27 th and 28 "'; and Now Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Gospel Fest Committee to hang a banner across Best and Jefferson Streets; and Be It Further Resolved: That said banner meets all the requirements of pertinent City Departments and that no existing laws will be violated PASSED AYES -13- NOES -0 No. 166 By: Mr. Franczyk Re: Adopt Nine District Reapportionment Map WHEREAS: The Common Council is required to adopt a redistricting or reapportionment plan following the decennial federal census -, WHEREAS: The attached reapportionment map redistricts the nine Common Council districts as follows, with numbers within the 4% median, although a figure as high as 5% of the median is allowable under federal law, with the ideal number for the reapportionment plan is 32,516 per district. The nine district breakdowns as reflected in the: attached map for Buffalo are as follows: North 33,328; Delaware 32,805; University 33,227; Masten 32,798; Lovejoy 31,621; South 31,831; Fillmore 31,530; Ellicott 31,549;Niagara 33,401; NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council submit the attached Redistricting map for its consideration and approval and votes to adopt the attached 9- district plan and map following the Public Hearing on Reapportionment as required in Sec. 18 -14 of the Buffalo City Charter. LAID ON THE TABLE AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO AND MARTINO — 7 NOES — DAVIS, FISHER, GRANT, GRAY, PITTS AND THOMPSON -6 NO. 167 By: Mr. Franczyk City of Buffalo Local Law No. 2002) Introductory No. 8 (2002) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the elimination of three at -large Council seats and separately elected Council President BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Three of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 3 -2. Composition of the Common Council. The common council shall consist of nine district council members[, three council members -at -large and a president of the common council]. A president of the common council shall be elected from amongst the members at the organizational meeting for a two U year term. The common council shall be deemed a continuous body notwithstanding any change of membership. § 3 -3. Council Districts. The city is divided into nine council districts, the boundaries of which are set forth in Section 1 -4 of this charter. 3 -4. Residence Requirement for Common Council Members. [No person shall be eligible for election or appointment as successor to the office of the president of the common council or of council member -at -large who has not been a resident as defined in section 24 -4 of this charter of the city for a period of at least one year immediately preceding the date of his or her election or appointment.] No person shall be eligible for election or appointment as a successor to the office of district council member who has not been a resident as defined in section 24 -4 of this charter of the district for which he or she is chosen for a period of at least one year immediately preceding the date of his or her election or appointment. 3 -5. Election and Terms of Common Council Members. The terms of office of the council members as of the effective date of this charter shall continue until the installation of council members chosen in general elections in accordance with this section. [At the general election in the year 2003 a president of the common council shall be elected by the electors of the entire city for a term of two years. At the general elections in the year 2005 and at the general elections held every fourth year thereafter a president of the common council shall be elected by the electors of the entire city for a term of four years. At the general election held in the year 2003, three council members — at - large shall be elected by the electors of the entire city for a term. of two years. At the general election held in the ,.,ear 2005 and every fourth year thereafter, three council members - at -large shall be elected by the electors of the city for a term of four years.] At the general election in the year 2001 one district council member shall be elected by the electors of each council district for a term of two years. At the general election held in the year 2003 and every fourth year thereafter, one district council member shall be elected by the electors of each council district for a term of four years. The persons elected to the common council shall take office on the first day of January following the general elections in which they were elected, and shall be eligible for re- election. 3 -6. Vacancies in the Common Council. In the case of a vacancy in the office of district council member, otherwise than by expiration of the term, the remaining members of the council shall appoint a qualified resident of the same political party and district as the council member whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall take office on the first day of January following such general election. In the case of a vacancy in the office of president of the common council [or council member -at- large] otherwise than by expiration of his or her term, the remaining members of the common council shall appoint [a qualified resident of the city of the same political party as the person whose place is vacant] one of their members to fill such vacancy until the [first day of January following the next general election at which a president of the common council or a council member -at- large, as the case may be, may, pursuant to law, be chosen for the balance of the term] next organizational meeting. [The person so elected shall take office on the first day of January following such general election.] Section 2. That Article Twenty -four of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: 24 -12. Salaries of Elective Officers. A mayor elected under this act shall receive an annual salary of one hundred and five thousand dollars. The comptroller shall receive an annual salary of eighty -eight thousand four hundred twelve dollars[, and the president of the council shall receive an annual salary of eighty thousand dollars]. Each council member shall receive an annual salary of fifty -two thousand dollars. Each of the aforementioned elective officials may choose to refuse any increase in annual salary if, in his or her opinion, the fiscal times so warrant. Any such refusal must be in writing and directed to the comptroller and the commissioner of administration and finance, and shall not affect the salary of future office holders or of the same individual if elected to a different office. The council president elected from the membership of the council shall receive, in addition to the salary above provided the annual sum of ten thousand dollars. The council shall designate a majority leader and a minority leader, each of whom shall serve at the pleasure of the council. Any council member serving as majority leader shall receive, in addition to the salary above provided, the annual sum of five thousand dollars, and any council member serving as minority leader shall receive, in addition to the salary above provided, the annual sum of twenty -five hundred dollars, said sums to be paid such majority leader or minority leader, respectively, only while performing the additional duties. Any council member serving as and performing the additional duties of chairman of the following committees of the common council shall receive, in addition to the salary above provided, the annual sum of one thousand dollars: chairman of finance committee; chairman of legislation committee; chairman of civil service committee, chairman of community development committee, chairman of education committee and chairman of claims committee. The failure of any council member or of the president of the council to attend any stated meeting of the council provided in this act or any meeting of the committee of the whole provided in the rules of the council, unless the council at such meeting, by a two - thirds vote of all the members elected thereto, excuse such failure to attend such meeting for reasons to be stated. in the resolution of the council, shall result in a deduction equal to a one - fiftieth part of the salary of a council member for each such failure, and such deduction shall be made in certifying the payroll. The failure of any council member or of the president of the council to attend any stated meeting of the council provided in this act or any meeting of the committee of the whole provided in the rules of the council, unless the council at such meeting, by a two - thirds vote of all the members elected thereto, excuse such failure to attend such meeting for reasons to be stated in the resolution of the council, shall result in a deduction equal to a one - fiftieth part of the salary of a council member for each such failure, and such deduction shall be made in certifying the payroll. Section 3. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 4. This local law shall not become operative unless it is approved by an affirmative vote of a majority of the qualified electors of the City of Buffalo at the next general election or at a special election if not less than sixty days after its adoption an authenticated petition is filed with the City Clerk requesting the submission of the local law at a special election pursuant to Section 23 of the Municipal Home Rule Law. LAID ON THE TABLE AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO AND MARTINO — 7 NOES — DAVIS, FISHER, GRANT, GRAY, PITTS AND THOMPSON -6 No. 168 By Mr. Franczyk Re: Set Public Hearing Date for Redistricting Plan WHEREAS.- Sec. 18 -14 of the Buffalo City Charter states that "the Council shall hold one or more public hearings prior to its adoption of a redistricting plan." THEREFORE BE IT RESOLVED: That the Common Council schedules a Public Hearing in the Council Chambers, 13 1 h floor City Hall, to solicit public input on a redistricting or reapportionment plan per section 18 -14 of the Buffalo City Charter on Monday, July 22, 2002 at 6:00 p.m. AYES — BONIFCIO, COPPOLA, DAVIS, FISHER, FONTAN, FRNCZYK, GOLOMBEK, GRANT, GRANY, LOTEMPIO, MARTINO AND PITTS — 12 NOES — THOMPSON — 1 NO. 169 By: Mr. Golombek, Subject: Removal of 190 from Waterfront Whereas: In the late 1950s Interstate 190 was completed along the Niagara River, effectively cutting off Black Rock from the Black Rock Channel and Riverside from the Niagara River; and Whereas: without question this unfortunate action has hastened a decline in property values s those middle class families yearning to live in a neighborhood with waterfront access must move north or south of the City of Buffalo; and Whereas: A comparison of the area in and around Isle View Park in the Town of Tonawanda to the area in and around Ontario Street Park in the City of Buffalo, easily illustrates how much of a detriment that Interstate 190 is to neighborhoods adjacent to the waterfront in the City of Buffalo; and Whereas: The resources of the federal government will be necessary to correct this great mistake. The recent reapportionment of congressional districts has provided the City of Buffalo waterfront a House of Congress representative with a track record that demonstrates a will to return the waterfront to the citizens; and Whereas: Tollbooths do not stabilize neighborhoods, vehicles travelling at fifty -five miles an hour do not stabilize neighborhoods, noise and emission pollution associated with highways do not stabilize neighborhoods. Sound governmental work in response to the concerns of property owners and residents stabilizes neighborhoods. Returning valuable waterfront access to residents stabilizes neighborhoods. Now. Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the those officials elected to represent the City of Buffalo at the federal level commission a study that considers the removal of Interstate 190 from the waterfront of the City of Buffalo; and Be It Finally Resolved: That certified copies of this resolution be sent to all county, state and federal officials elected to represent the City of Buffalo. ADOPTED NO. 170 By: Mr. Golombek: RE: Squaw Island to County of Erie Whereas: The City Council has previously requested the Corporation Counsel to work with the County of Erie to reach an agreement for the transfer of certain parklands along the Niagara River to the County of Erie; and Whereas: The County of Erie and the City of Buffalo Corporation Counsel have, through substantial negotiations, transferred Ontario Street Park and Towpath Park at the foot of Hertel Avenue from the City of Buffalo to the County of Erie, and Whereas: Transferring this parkland to Erie County agrees with a basic fundamental of "regionalism" which seeks to protect and /or enhance area assets enjoyed by residents throughout Erie County, and Whereas: This transfer would serve to establish a consistency of maintenance and ownership of the parklands located on a section of the Niagara River that includes Squaw Island and the two aforementioned parks. It would be a logical step for the County of Erie to take ownership of this jewel of undeveloped parkland. Now, Therefore, Be It Resolved: That this Council authorizes the Mayor to enter into an agreement to convey the parkland section of Squaw Island to the County of Erie for the sole purpose of maintaining and further developing the parkland. This agreement should include the express condition that the land shall revert to the City should the County be unwilling or unable to maintain the same as parkland. REFERRED TO THE SPECIAL COMMITTEE ON REGIONAL GOVERENCE NO. 171 By: Ms. Grant: Bond Resolution $1,400,000 Bonds Conversion - Frederick Douglas Towers Account 3000 -60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,400,000 General Improvement Bonds of said City, to finance an additional portion of the City's funding commitment for the conversion of the Frederick Douglas Towers into a new housing development, pursuant to the Stipulation of Settlement and Amended Consent Decree in the case of Comer v. Cuomo, et. al., as approved by the United States District Court, Western District of New York, at the total estimated maximum cost of $1,400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Four Hundred Thousand Dollars ($1,400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "); to finance an additional portion of the City's funding commitment for the! conversion of the Frederick Douglas Towers into a new housing development, pursuant to the Stipulation of Settlement and Amended Consent Decree in the case of Comer v. Cuomo, et. al., as approved by the United States District Court, Western District of New York. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,400,000 as set forth in the duly adopted 2002 Capital Improvement Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Frederick Douglas Conversion, 2002 ", Bond Authorization Account No. 3000 -60, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,400,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 33 (a) of the Local Finance Law, is five (5) years. (b) Current finds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall tie general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the! payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. LAID ON THE TABLE NO. 172 By: Mrs. Grant Transfer of Funds General City Charges - Tax Adjustment Law Department - Other Services That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $120,000 be and the same is hereby transferred from General City Charges - Tax Adjustment and said sum is hereby reappropriated as set forth below: From: General City Charges 17221008- 480101 Tax Adjustment $120,000 To: Law Department 10546006- 480000 Other Services $120,000 PASSED AYES -13- NOES -0 NO. 173 By: MS.. Gray Re: Adopt a Seven Member Common Council - Six(6) At Large Councilmembers and One (1) Council President, elected by the voting Public Whereas: Pursuant to the Charter of City of Buffalo, Section 18 -10, a Citizens Advisory Commission on Reapportionment was appointed to render advice and make recommendations to the Common Council concerning the appropriate number of district and at -large council seats and the appropriate division of the city into districts for the election of councilmembers; and Whereas: The Citizens Advisory Commission has filed its recommendation with this Common Council and whereas, those recommendations have been referred to the Common Council's Special Committee on reapportionment; and Whereas: There does not appear to be a consensus in the Common Council Committee on reapportionment regarding the acceptance of the Commissions recommendations or various numbers suggested by several Councilmembers; and Whereas: At the last meeting of the Common Council Special Committee on Reapportionment, a motion was made to receive and file the Citizens Advisory Commission Recommendations, leaving no official recommendation on the agenda; and Whereas: I hereby recommend a seven (7) member Council, defined as six (6) at -large members and one Council President. All positions are to be full -time with benefits and staffing levels to remain as is; and Whereas: A seven member Common Council with an at -large focus would develop a broaden prospective on rebuilding the city's infrastructure, the implementation of new city ordinances and an effective economic development plan; Now, Therefore, Be It Resolved That: This Common Council adopt a Seven Member Council, consisting of six (6) At Large members and one (1) Council President, with all members being elected by the voting public. Laid on the Table AYES — BONIFACIO, COPPLA, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS AND THOMPSON — 12 NOES- DAVIS — 1 NO. 174 By: Mr. Thompson City of Buffalo Local Law No. _ (2002) Introductory No. 7 (2002) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the duties and powers of the deputy commissioner of public works, parks and streets for streets BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article] 5 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows.- § 15 -35. Duties and Powers. The deputy commissioner of public works, parks and streets for streets shall have the supervision and management of all the affairs of the division of streets. The deputy commissioner shall be charged with and exercise the following powers and duties, to wit: The cleaning by sweeping and /or flushing with water, including the control by either removal or displacement of snow and ice accumulations thereon, of all public streets, alleys, roadways and highways, the control, direction, management and coordination, including the planning and designing, of all programs for the removal, displacement, or prevention of snow and ice accumulations or icy conditions on all public streets, alleys, roadways and highways, which programs shall be filed with the common council by November first of each year, and for any of the other activities of the department. Such program should also include details related to street cleaning and city -owned vacant lot maintenance. The deputy commissioner shall be responsible for the removal for disposal of solid waste, the maintenance, regulation and control of vacant lots; the regulation and control of all solid waste collection, including the inspection of structures and premises where the same are stored in connection therewith, and the enforcement of applicable state laws and ordinances relating to the same or relating to any of the other activities of the department of street sanitation -, orderly administration of all applicable state and local laws and ordinances regulating solid waste collection, recycling and the maintenance of vacant lots in the city, add to or delete from list of recyclable materials and establish rules and regulations regarding the separation, preparation, collection, transport and disposal of recyclable materials in accordance with state and local law and ordinances. The deputy commissioner shall also be responsible for the elimination, regulation and disposal of pests, including rats and pigeons; the inspection of structures and premises in connection therewith; the removal and disposal of dead animals and carcasses from streets and public places; the management and control of the operation of the animal shelter, including the performance of all duties required for the proper seizure and impounding of animals and for the destruction or sale thereof All departmental commissioners and all other city agency heads shall cooperate fully with the commissioner of public works, parks and streets in carrying out the functions of this department. The deputy commissioner of public works, parks and streets for streets shall be charged with the power and duty of governing and disciplining the department and all subordinates and employees thereof and to that end may, from time to time, make and enforce orders, rules and regulations not inconsistent with this act or any general law, which orders, rules, or regulations shall have the same force and effect as if herein specially enacted. Existing rules and regulations shall continue until changed. He or she shall also have the powers and exercise all the duties hereinafter conferred upon the division of streets and shall exercise such other powers and perform such other duties as may be conferred or imposed by any provision of this act or by any general law or ordinance. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3.This local law shall take effect immediately. APPROVED AS TO FORM LAID ON THE TABLE No. 175 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 Banks Family By Councilmember Thompson Felicitation for Reverend C E Ederton By Councilmember Fisher Felicitation for Little Courtney Owens By Councilmember Pitts and Michaux Felicitation for Angel Mines By Councilmember Pitts and Michaux ADOPTED. No. 176 BY- ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Angalone, Anthony Davis. John Ford, Aaron Kirkland Jr, Cleveland Lucus, Carmell Owens, Wallace Peeler, Tracy Reid, Keiona Stokes, George Brown, Joe Finnegan, Richard Hughes, Tyrone Lott, Jr Clarence Maglietto,Jessica Paris, Cynthia People, Cecil Simmons, Kenneth Whitt, Thomas ADOPTED No. 177 BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Cruz, Francisca LaRue, Kathryn Speth, Joseph Turner, Craig Krestos, Anastasius Pietrzak, Julie Spino, Joseph ADOPTED UNFINISHED BUSINESS No. 178 UR Plan Phase II- Main - LaSalle Revit. Proj. ( #73,1/8)(# 117,11/27)( #20.11/13)( #20,11 /13)(Hrg. 11/27) (CCP4172- 6/11/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by FONTANTA CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by PASSED AYES -13- NOES -0 No. 179 M. Schiavone - Expansion of Main - LaSalle Housing Project (#74,1/8)(#62,11/27) (CCP #173 - 6/11/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by FONTANA CARRIED Mrs. LoTempio now moved that the above item be received and filed ADOPTED No. 180 Commissioner of Deeds ( #7- 6/28/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now moved that the above item be adopted ADOPTED BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Bukowski, Tara L. Casillas, Danielle Costantino, Jacqueline Gang, Mary JO Lopez, Daisy Miller, Lynn Stoffel, Michael D. Tozzo, Melissa Walkowiak, Sharon A. NO. 181 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers. 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 16, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, July 16, 2002 at 10:00 o'clock A.M. following Civil Service (Public Hrg.- CCP #31 - 7/9/02- Gloria J. Parks Comm. Ctr.) Committee on Legislation Tuesday July 16. 2002 at 2:00 o'clock P.M. (Public Hrg. On Use Permits & CCP,1158- 7 /9 /02 -Appt. to Cit. Planning Council) Committee on Comm. Dev. Wednesday, July 17, 2002 at 10:00 o'clock A.M. Committee on Claims Wednesday, July 17, 2002 at 1:00 o'clock P.M. Committee on Education Wednesday, July 17, 2002 at 2:00 o'clock P.M. Special Committees Comm. Dev. Meeting- Lighted Schoolhouse Program Fund Balances Wed., July 10, 2002 at 11:00 o'clock A.M. in Room 1417 City Hall. Reapportionment Wednesday, July 10, 2002 at 2:00 o'clock P.M. (Cancelled) Next Meeting is Thursday July 18, 2002 at 2:00 o'clock P.M. Bi- National Bridge Committee Thursday. July 11. 2002 at 2:00 o'clock P.M. in Room 1417 City Hall Public Hearing- Increase in Adelphla Rates Thursday, July 11, 2002 at 6:00 o'clock P.M. In Council Chambers Public Hearing — Taxicab /Liveries Ad Hoc Thursday, July 18, 2002 at 6:00 o'clock P.M. In the Council Chambers. Public Hearing- Reapportionment - Monday, July 22, 2002 at 6:00 o'clock P.M. in the Council Chambers. (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. 182 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:55 pm COMMON COUNCIL SPECIAL SESSION CITY HALL - BUFFALO FRIDAY, JUNE 28, 2002 AT 3:00 P.M. PRESENT: James W. Pitts, President of the Council, and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek, Grant Gray, LoTempio, Martino & Thompson -13. ABSENT: None NO 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated June 28, 2002 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, June 28, 2002, at 3 P.M., for the following purposes: To receive and take appropriate action on: All Items Relating To 1 .Salary Ordinances - Various 2. Acq. 800 Block Main & Ellicott 3. Commissioner of Deeds Yours very truly, James W. Pitts President of the Council June 28, 2002 Hon. James W. Pitts President Common Council 1315 City hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the! City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Salary Ordinances - Various 2. Acq. 800 Block Main & Ellicott 3. Commissioners of Deeds We request that this Special Meeting be held on June 28, 2002 at 3:00 pm Mary Martino, Rosemarie LoTempio, Dominic Bonifacio, Antoine Thompson, Betty Jean Grant, Brian Davis, David Franczyk TO EACH MEMBER OF THE COMMON COUNCIL: ROOM 1308 CITY HALL BUFFALO, NEW YORK 1420 851 -5431 FAX: 851 -4845 YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of seven Councilmembers, dated June 28, 2002, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on June 28, 2002 at 3 P.M. for the following purpose: 1. To receive and take appropriate action on all items relating to Salary Ordinances - Various 2. Acq. 800 Block Main & Ellicott 3. Commissioner of Deeds Yours very truly, Charles L. Michaux III City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO MARC COPPOLA CHARLEY FISHER III DAVID FRANCZYK BETTY JEAN GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on Friday, June 28, 2002 at 3:00 P.M. On this 28th day of June 2002, before me, the subscribers, personally All of the above Councilmembers appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/02 NO. 2 DISCHARGE BUDGET COMMITTEE - SALARY ORDINANCES (ITEM 164 CCP 6/25/02) Whereas: The above item is currently in the Budget Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Budget Committee from further consideration of this item, and said item is now before the Council. Seconded by Mr. Bonifacio Adopted. NO. 3 By. Mr. Coppola SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby amended as follows: This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM Michael B. Risman Corporation Counsel This ordinance shall be effective July 1, 2002 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Anthony M. Masiello, Mayor, Anthony R. Nanula, Comptroller, Eva M. Flassett, Commissioner of Administration and Finance, Michael B. Risman, Corporation Counsel, Bruna Michaux, Acting Commissioner of Assessment, John Zebracki, Acting Commissioner of MIS, Rocco J. Diina, Commissioner of Police, Calvin G. Worthy, Commissioner of Fire, Louis R. Giardina, Acting Commissioner of Human Resources, Joseph N. Giambra, Commissioner of Public Works, Parks & Streets, Donald 0. Allen, Commissioner of Community Services, Raymond McGurn, Commissioner of Permit and Inspection, James W. Pitts, President of Common Council, and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. PASSED. AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, PITTS, THOMPSON -12. NOES - MARTINO -1. NO.4 BY: MR MARC COPPOLA SALARY ORDINANCE AMENDMENT 55 - DEPARTMENT OF COMMUNITY SERVICES 1307 - DSAS SUBSTANCE ABUSE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Department of Community Services, 1307 - DSAS Substance Abuse is hereby amended as follows effective 7/1/2002. The following Salary Ordinances for the Division of Substance Abuse services reflect a restructuring of the Division that addresses the issue of increasing the rate of reimbursable services and ultimately revenues. The plan that has been developed has been endorsed by Gerald Richardson, Program Manager of the state Office of Substance Abuse Services and the City Court of Buffalo. The performance of the Division of Substance Abuse Services in adhering to the plan will be monitored and reports will be filed every sixty (60) days with the Mayor and the Common Council outlining the Division's progress toward increasing its reimbursements and the achieving the goal of self- sufficiency. Monitoring and Reporting shall be performed by a Committee charged with such responsibility. The Committee shall consist of the Honorable Robert Russell (Judge of the Buffalo City Court Drug Court), the Honorable Margaret A. Murphy (Buffalo City Court Judge), Hank Pirowski (Project Director of the COURTS Program), a representative from Erie County Department of Social Services, and such other persons as may be necessary to make the appropriate review and recommendations to the City of Buffalo. Reports shall be filed on or about the following dates: August 30, 2002; October 31, 2002 and December 31, 2002. If the Division of Substance Abuse Services, at any point during this time period, fails to make progress toward the goal of increasing its reimbursements and achieving self- sufficiency, the Committee shall make recommendations for addressing any and all deficiencies. Failure to correct these deficiencies and achieve the goal of increasing reimbursements sufficient to project self- sufficiency for the fiscal year, exclusive of the state required local match, by December 31, 2002 will result in all employees of the Division of Substance Abuse Services being terminated from City employment. SUBSTANCE ABUSE /YDA -DACC 1 9011 MEDICAL DIRECTOR 52,156 1 9469 SENIOR COUNSELOR I - CLINICAL 36,752 4 9470 SENIOR COUNSELOR 32,750 1 0320 STENOGRAPHIC SECRETARY 29,693 5 9482 COUNSELOR III 29,083 2 9480 CASE MANAGER 28,323 1 9090 DRUG ABUSE NURSE (R'N:) 27,536 1 9481 COUNSELOR 1 1 27,278 1 0421 REIMBURSEMENT SPECIALIST 27,046 1 0401 ACCOUNT CLERK - TYPIST 25,005 2 0230 STENOGRAPHER 24,440 1 0200 TYPIST 23,950 1 0010 CLERK 23,950 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Donald 0. Allen, Commissioner of Community Services„ and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in -the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED. AYES -13. NOES -0. NO.5 DISCHARGE FINANCE COMMITTEE - APPRAISAL OF PROPERTIES - VARIOUS MAIN ST. (ITEM 102 CCP 6/25/02) Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of this item, and said item is now before the Council. Seconded by Mr. Coppola AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS -12. NOES - THOMPSON -1 Adopted. NO. 6 APPRAISAL OF PROPERTIES 844, 846, 854, 858, 864, &79, AND 888 MAIN ST ITEM # 34, CCP 3/19/02 The above item was submitted to the Common Council for approval. The item is the sale of properties acquired by the City of Buffalo over the past five years in the 800 block of Main Street. The Council has requested an appraisal of the properties to determine the existing value of the properties. The Buffalo Urban Renewal Agency commissioned GAR Appraisal Service to estimate the fair market value of the buildings. The appraiser has determined the highest and best use of the property to be vacant land. He has estimated the value of the property to be Three Hundred Seventy Thousand Dollars ($370,000) as follows: Land Value - 34,554 sq. ft. @ $13 per sq. ft. $450,000 (ro) Less demolition - 41,505 sq. ft. @ $2 per sq. ft. $ 83,000 (ro) Total estimate of land as vacant $370,000 (ro) As indicated in our earlier communication, BURA will land bank the buildings and market them in conjunction with the Medical Corridor. Every effort will be made to preserve and restore the buildings, since they are in the Allentown Historic Preservation District. BURA has already entered into a designation agreement with a developer to purchase and redevelop 854, 858, and 864 Main Street. -55,721 -41,495 -37,732 -34,154 -32,762 -32,004 -31,215 -30,215 -29,324 -27,859 -27,120 -26,506 - 26,506 Based upon the above information we are now recommending that the Common Council approve the sale of the above listed properties to the Buffalo Urban renewal Agency in the amount of Three Hundred Seventy Thousand Dollars ($370,000). We further recommend that the Corporation Counsel prepare the necessary documents for the transfer of Title and that the Mayor be authorized to execute the same. PASSED. AYES- BONIFACIO, COPPLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, PITTS -9. NOES - FISHER, GRAY, MARTINO, THOMPSON -4. BY: ANTOINE M. THOMPSON NO. 7 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 Bukowski, Tara L. ;Casillas, Danielle; Costantino; Jacqueline; Gang, Mary Jo; Lopez, Daisy; Miller,Lynn; Stoffel; Michael D.; Tozzo, Melissa; ;Walkowiak, Sharon A. LAID ON THE TABLE. NO. 8 THIRTY -DAY REPORT ON BUFFALO CITY COURT'S RECOMMENDATION ON THE RESTRUCTURING OF THE DIVISION OF SUBSTANCE ABUSE SERVICES Over the last few days, Hank Pirkowksi and myself have explored with both the Administration and the Common Council alternates to the layoffs of 15 employees from the Division of Substance Abuse ( "DSAS "). On behalf of the committee appointed by Chief Judge Thomas P. Amodeo ( "the Committee "), we like to offer the following compromise: 1. Instead of the layoffs of 15 DSAS employees, only 6 employees would be laid off. This reduced number would help to ensure that the minimum requirements for DSAS' Article 28 license and for Medicaid reimbursement would be met. This would also allow for staffing of three sites (Fillmore, Ellicott (Sheenan), and Elmwood). Both the Genesee and Riverside clinics would be closed and their clients would be transferred to the three remaining clinic sites. 2. The Medical Unit for DSAS will continue to operate out of City Hall, although several members of this unit (i.e., the doctor, nurse and case manager) will be required to float among the three clinics. These individuals will have weekly visits to each site. 3. Attached is a list of the proposed staffing for each clinic or unit. The Committee will later review the credentials of each counselor to ensure compliance with the new regulations. 4. According to the COURTS Program, DSAS current census is 339 active clients 48% of these active clients are already on Medicaid The Committee, with the assistance of COURTS Program, will ensure that these levels remain constant. 5. Under this proposal, the recommended staff level of 23 would have a projected budget of $1,121,820.00. (See Attachment "A" and "B "). 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. 6. Medicaid reimbursement for a Artilce 28 license is $124 per unit of service minus an $8 processing fee. To meet its minimum goal for reimbursable services, DSAS would need to generate 3076 units of service per year or 256 units of service per month. In other words, each clinic would need to see only 4 Medicaid clients per day. Each clinic would be staffed with three counselors. 7. Employees who would be laid off could be recalled back to the City if actual reimbursable services exceeds the projections stated above. However, if DSAS cannot meet this projections (4 clients per day per site), then more layoffs would occur. 8. The Committee will develop month performance measure which will ensure that DSAS maintains a constant client base, that eligible Medicaid clients are identified and processed, that Medicaid reimbursement are submitted timely and expeditiously, and that units of services are maximum but promptly reporting to the Court clients who are in noncompliance with court orders. The Committee will also monitor actual units of service provided on a monthly basis. We hope that this proposal can help to bring both the Administration and the Council together on this issue. If you have any questions regarding this proposal, please feel free to contact me. ADOPTED No. 9 Adjournment At 3:45 P.M., Mrs. LoTempio moved to Adjourn. Seconded by Mr. Coppola ADOPTED. COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION THURSDAY, June 20, 2002 at 2:00 PM PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Davis, Franczyk, Golombek, Grant, Gray, LoTempio, Martino, and Thompson - 11 ABSENT Fisher, Fontana - 2 No. 1 Special Meeting Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated June 20, 2002 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, June 20, 2002, at 2 P.M., for the following purposes: To receive and take appropriate action on: All Items Relating To 1 . Home Rule Message - Buffalo Traffic Adjudication Council WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Home Rule Message - Buffalo Traffic Adjudication We request that this Special Meeting be held on June 20, 2002 at 2:OOpm David Franczyk, Joseph Golombek, Mary Martino, Rosemarie LoTempio, Dominic Bonifacio, Brian Davis and Betty Jean Grant TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of seven Councilmembers, dated June 20, 2002, JAMES W, PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on June 20, 2002 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to I . Home Rule Message - Buffalo Traffic Adjudication Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO MARC COPPOLA CHARLEY FISHER DAVID FRANCZYK BETTY JEAN GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on Thursday, June 20, 2002 at 2:00 P.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 20th day of June 2002, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. No. 2 Home Rule Message -Bflo. Traffic Adjudication. By: Mr. Pitts: Re: Home Rule Message S -7758, A -1 1797 An act to amend the Vehicle and Traffic Law, in relation to directing the City of Buffalo to adjudicate traffic infractions. Whereas: Currently the State of New York adjudicates all traffic violations in the City of Buffalo; and Whereas: If the City of Buffalo adjudicated traffic infractions, the City of Buffalo would implement a system to allow traffic violators to plan bargain, which could lead to traffic school; and Whereas: This system would have two (2) benefits in that traffic school would produce safer drivers on City of Buffalo streets and reduced insurance rates for City of Buffalo drivers as the number of points accrued on the license are eliminated or reduced; and Now Therefore Be Resolved: That the City of Buffalo does hereby request the enactment into law Senate Bill S7758 and Assembly Bill A -1 1797, "An act to amend the Vehicle and Traffic Law in relation to directing the City of Buffalo to adjudicate traffic infractions" and Be it further resolved that: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. PASSED AYES- 11 NOES — 0 No. 3 Adjournment At 2:12 P.M, Mrs. LoTempio moved to Adjourn. Seconded by Mr. Golombek ADOPTED.