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Home My WebLink About01-0918-ss0907 01-0918-ss0907.txt No. 16 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO September 18, 2001 SPECIAL SESSION September 7, 200 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 BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - 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: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Richard Fontana, Betty Jean Grant and Barbara Miller-Williams-Members Page 1 01-0918-ss0907.txt COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, , Karen Ellington, Charley H. Fisher III, Antoine Thompson-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson, Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , 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 Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 18, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, Gray, LoTempio, Martino, Pitts, and Williams - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 4, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT Page 2 01-0918-ss0907.txt NO. 1 ACCEPTANCE OF YEAR VI Dear Members of Buffalo's Common Council: This is the sixth year that the City of Buffalo, Department of Police, Division of Citizen Services and the Division of Parks and Community Services have received a Local Law Enforcement Block Grant (L.L.E.B.G.), through the Department of Justice (D.O.J.). The total award of the Year 6 entitlement is $997,107 with a required local match of 10% or $110,790. The local match requirement will be Community Development Block Grant funds earmarked for Community Schools and funds provided for the Neighborhood Matching Funds Program. The grant application was prepared according to the terms and conditions established by the Department of Justice. As a requirement of this grant, a meeting with an Advisory Board was held on July 11, 2001 in Buffalo Police Headquarters. Also, a public hearing was held on August 1", 2001 at the "C" District Police Station, 693 E. Ferry Street at Fillmore. A legal notice of the hearing was published in the Buffalo News d on Monday, July 23' '2001. of Note: this year's L.L.E.B.G. represents a 13% reduction from last year and a 37% reduction from the city's Year 4 entitlement. However, we are still able to maintain our strong support for programs and activities that strengthen neighborhoods and schools, as well as providing assistance to the Buffalo Police Department. As our great city moves forward into this new century and millennium, the Masiello Administration will always put its highest priority on the safety of our citizens and visitors. This year's Local Law Enforcement Block Grant, Year 6 will continue to provide the balanced approach of prevention and enforcement that is needed to keep our city safe. The following is a budget for the Year 6 funds and your acceptance of this entitlement award will be most appreciated. Local Law Enforcement Block Grant Program Year 6 City of Buffalo$ 997,107 County of Erie 21,233 1,018,340 Buffalo Police Department: $555,500 Retention of (2) School Resource Officers $110,000 Marked Patrol Vehicles/Unmarked police vehicles 207,000 Prosecutor (Adjudication of Violent Juvenile Offenders) 75,000 Domestic Violence Advocate 30,,000 Regional Community Policing Coordinator 58,500 Intervention for Violent Children Project 25,000 MISC. Crime Fighting Expenditures 50,000 $555,500 Page 3 01-0918-ss0907.txt Division of Citizen Services: $291,607 Community Schools $100,000 Neighborhood Matching Funds 100,000 Save Our Streets 60,000 Downtown Security 31,607 $291,607 Department of Communi1y Services: $150,000 Enhanced Park Security $ 30,000 Juvenile Delinquency Prevention 75,000 Drug Court Program 45.000 $150,000 Require Local Match $110,790 (Title VI Community Development Block Grant Community Schools Program) Erie County $ 21,233 District Attorneys Office $ 21,233 (Prosecutor - Violent Crimes involving firearms) Mrs. LoTempio moved: That the above communication from the Mayor, Division of Citizen Services dated August 31, 2001, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to accept the award of Local Law Enforcement, Block Grant Program Year 6 monies, totaling $997,107 with a required local match of 10% or $110,790 (Title VI Community Development Block Grant Community Schools Program); for the Buffalo Police Department in the amount of $555,500, for the Division of Citizen Services in the amount of $291,607, and for the Department of Community Services in the amount of $150,000. PASSED AYES -13 NOES - 0 FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) Dear Members of Buffalo's Common Council: Attached is the August, 2001 activity report from the Division of Citizen Services. This is the second monthly report for the 2001-2002 fiscal year. Of significance in reviewing the data for August 2001, is that reported calls were down 22%, or 6,428 to 5,009. This was primarily the result of catching up in the delivery of garbage totes. Also revealing in analyzing the data compared to other reporting periods, was the tremendous reduction in user fee bill calls following a billing, which only numbered 187 for the month. Finally, although garbage calls were up by 14 compared to Page 4 01-0918-ss0907.txt July 2001; it is still significantly lower than previous months. All in all, we are receiving a noteable drop in calls related to complaints regarding trash or garbage related concerns. Based upon, the data collected in August 2001, the new garbage tote program is being extremely well received by the majority of Buffalo's Citizens. The division hopes that the Council finds the attached information to be useful. ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 NFTA W. SIDE OF FUHRMAN BLVD. SOUTH OF THE SMALL BOAT HARBOR ITEM NO. 58, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right-of-way with the installation of 300 wooden posts to be used as barriers that will be 31 above the surface. The Planning Board was concerned that the overall project was not reviewed under the City of Buffalo's design and site plan ordinance. The Planning Board voted to approve the encroachment since the posts are already installed. RECEIVED AND FILED NO. 4 STEPPING STONE ACADEMY 907 E. FERRY ST. HANDICAP RAMP ENCROACHMENT ITEM NO. 59, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right-of-way with the installation of a 501x6l handicap ramp at 907 E. Ferry Street. The Planning Board voted to approve the handicap ramp encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 5 C. JONES 70 W. CHIPPEWA ST. RAILING AND AWNING ENCROACHMENT ITEM NO. 139, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 413-59 and 413-67 of the Buffalo Code, Sidewalk Caf6l and Encroachment regulations, respectively. The applicant seeks erect a 661x61811 awning and install a railing that will encroach the right-of-way at 70 W. Chippewa Street. The proposed awning and railing will be used in conjunction with an outdoor patio. The Planning Board voted to approve the proposed railing and awning along with the use of and outdoor patio encroaching the right-of-way with the following conditions: 1. No outside music is allowed Page 5 01-0918-ss0907.txt 2. No outside trash receptacles are allowed 3. Closing of the patio at 12:00 A.M on weekdays and 1:00 A.M. on weekends 4. 4" of unobstructed vertical sidewalk clearance remain after the installation of the railing REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 LINREAL CORP. 1263 DELAWARE AVE. E: ACCESSORY SIGN ITEM NO. 155, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, 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 42"x7211 ground "ID" sign at 1263 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend no objection to the proposed accessory sign conditioned on a landscaping component for the area around the signage and approval of the Zoning Board of Appeals. RECEIVED AND FILED NO. 7 O'CONNELL INC. 10 CATHERINE ST. WAREHOUSE ADDITION ITEM NO. 156, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 511-67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to construct a 72lx3O'xl2' steel storage warehouse addition to an existing steel warehouse located at 10 Catherine Street. The property is zoned industrial and the building will be located outside the Buffalo River 100' setback requirements. The Planning Board recommends approval of the use as warehouse. The Planning will schedule a public hearing for design and site plan review for the entire site and project at a future meeting. Councilmember Fontana (Rm. 1401) RECEIVED AND FILED NO. 8 WATERGATE APARTMENTS 32 HERTEL AVE. 6 ROOFTOP ANTENNAS ITEM NO. 157, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, Niagara River Coastal Review. The applicant seeks to install 6 antennas on the roof of a multi-story apartment building located at 32 Hertel Avenue. The applicant has been working with the Office of Telecommunications. The Planning Board voted to recommend approval of the proposed antennas. RECEIVED AND FILED Page 6 01-0918-ss0907.txt NO. 9 FREE SPIRIT MISSIONARY BAPTIST CHURCH 60 TITUS ST. HUMAN SERVICE FACILITY ITEM NO. 158, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a 1 family dwelling into a human service facility for children with emotional disabilities at 60 Titus St. 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 1/2 mile radius of the site. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 10 TOPS MARKETS 350-382 RILEY ST. 19-51 LANDON ST. REZONE FROM "R211 TO AIC211 ITEM NO. 159 C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Procedures for changes and amendments. The applicant seeks to rezone, from "R211 to '11C21, several parcels of land that abut other commercially zoned parcels for the construction of a supermarket on Jefferson Avenue between Riley and Landon Streets. Under SEQR the proposed rezoning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the rezoning request. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 11 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 18 BRIGHTON (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 100') TYPE IN UPPER AN LOWER CASE ONLY The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 18 Brighton Street, Buffalo, New York 14212, parcel is 30' x 100' in dimension; and lit has been determine( that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Frederick Heath and Mrs. Martha Heath residing at 20 Brighton Street indicated that they will clean improve and maintain the lot in the event that they obtain 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 homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred Page 7 01-0918-ss0907.txt to Mr. and Mrs. Heath on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 52 EMPIRE (CITY OWNED-VACANT LOT, DIMENSIONS 33' X 100') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 52 Empire Street, Buffalo, New York 14212, parcel is 33' x 100' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Ronald J. Jones and Mrs. Amy B. Jones residing at 85 Goodyear Avenue indicated that they will clean, improve and maintain the lot in the event that they obtain 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 homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Jones on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 178 GOODYEAR (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 97') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 78 Goodyear Avenue, Buffalo, New York 14211, parcel is 30' x 97' in dimension; and it has bee determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. William C. Bauman residing at 181 Titus Avenue 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 all Homestead Property and be transferred to Mr. William C. Bauman on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 601 MASTEN (CITY OWNED-VACANT LOT, DIMENSIONS 25' X 100') The Office of Strategic Planning, Division of Real Estate Page 8 01-0918-ss0907.txt has surveyed the city-owned vacant lot at 601 Masten Avenue, Buffalo, New York 14209, parcel is 25' x 100' in dimension and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Willie Ruth Foster residing at 599 Masten Avenue indicated that she will clean, improve an maintain the lot in the event that she obtains title to the property under the Urban Homes-Lead 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 Mrs. Willie Ruth Foster on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 231 PERSHING (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 130') Division of Real Estate has surveyed the city-owned vacant lot at 231 Pershing Street, Buffalo, New York 14208, parcel is 30' x 130' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The Office of Strategic Planning Mr. Ernest Oliver and Mrs. Cynthia Oliver residing at 229 Pershing Street indicated that they will clean. improve and maintain the lot in the event that they obtain 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 homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Oliver on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 263 RILEY (CITY OWNED-VACANT LOT, DIMENSIONS 50' X 172') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 263 Riley Street, Buffalo, New York 14208, parcel is 50' x 172' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. David Kelley and Ms. Catherine Y. Kelley residing at 261 Riley Street indicated that they will clean, improve and maintain the lot in the event that they obtain 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 Page 9 01-0918-ss0907.txt or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. David Kelley and Ms. Catherine Kelley on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 725 SHERMAN (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 90') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 725 Sherman Street, Buffalo, New York 14201, parcel is 30' x 90' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Leroy Chestnut and Mrs. Josephine Chestnut residing at 721 Shennan Street indicated that they will clean, improve and maintain the lot in the event that they obtain 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 homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Chestnut on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 233 SWEET (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 94') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 233 Sweet Street, Buffalo, New York 14212, parcel is 30' x 94' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Marjorie Dunovant residing at 239 Sweet Street indicated that she will clean, improve and maintain the lot in the event that she 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 Ms. Marjorie Dunovant on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 Page 10 01-0918-ss0907.txt TRANSFEROF TITLE, URBAN HOMESTEAD PROGRAM 125 VANRENSSELAER (CITY OWNED-VACANT LOT, DIMENSIONS 33' X 115') TYPE IN UPPER AN LOWER CASE ONLY The Office of Strategic Planning has surveyed the city-owned vacant lot at 125 VanRensselaer Street, Buffalo, New York 14210, parcel is 33' x 115' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Joseph Kuhn and Mrs. Kerry Kuhn residing at 123 VanRensselaer Street have indicated that they will clean, improve and maintain the lot in the event that they obtain 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 homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Kuhn on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 82 WINSLOW (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 108') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 82 Winslow, Buffalo, New York 14208, parcel is 30' x 108' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. James L. House and Mrs. Barbara J. House residing at 78 Winslow Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no propert3 code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Propert3 and be transferred to Mr. and Mrs. House on the condition that the property is cleared and improved within (6] months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 21 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 100 WOLTZ (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 112') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 100 Woltz Avenue, Buffalo, New York 14212, parcel is 30' x 112' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or Page 11 01-0918-ss0907.txt needed for public purposes. Mr. Allen Knight III residing at 102 Woltz Avenue 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. Allen Knight on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION & VERIZON NEW YORK, INC. FOR USE OF JOE MCCARTHY PARK - CITY OWNED The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk for use of City owned property located in Joe McCarthy Park. They are requesting a utility easement for both Niagara Mohawk and Verizon New York, Inc. for use of property as described in the attached easement "Exhibit A". The easement is being requested in order to provide electric service and communication facilities for the new concession stand in Joe McCarthy Park. The Department of Public Works and the Law Department has no objections to this easement. However, the Dept. of Public Works, Division of Engineering has indicated that the easement is undefined as to its width. The Division of Engineering has recommending to limit the easement to 10 feet on each side of the overhead line. We have contacted Niagara Mohawk Power Corporation and they have no objection to the 10-foot limit. This office is recommending that Your Honorable Body approve this easement agreement on condition that the easement be limited to 10 feet on each side of the overhead line. I am further requesting Your Honorable Body to authorize the Corporation Counsel to review this agreement for -their approval as to form and authorize the Mayor to execute the same. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THEOFFICE OF TELECOMMUNICATIONS FROM THE COMPTROLLER NO. 23 Certificate of Necessity Transfer of Funds NYSPURS Streets 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 $632,000 be transferred from NYS Police & Fire Pension Contribution and reappropriated, as set forth below: Page 12 01-0918-ss0907.txt From: Fringe Benefits $632,000 17303002-423002 NYS Police & Fire Pension Contribution To: Public Works, Parks & Streets $632,000 15030001-411001 Cleaning Streets & Snow Removal - Salaries RECEIVED AND FILED No. 24 Certificate of Necessity Transfer of Funds Public Works, Parks & Streets Fire 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 $37,000 be transferred from Public Works, Parks & Streets and reappropriated, as set forth below: from: 13296007-490000 O&M Pub Bldgs CO Freeze $37,000 To: 12131007-474100 Fire Administrative CO Equipment $37,000 RECEIVED AND FILED NO. 25 Interfund Loans for Various Projects Over the last seven years, the City has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have nine requests for money to finance projects and we will not reenter the bond market at this time. All the below listed projects are already on the active list of projects to be sold in the next bond sale. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $285,000 against the 2000-01 Bond Resolution for "Restoration of Symphony Circle Lighting". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $230,000 against the 2000-01 Bond Resolution for "Restoration of Richmond/Ferry Circle". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $350,000 against the 2000-01 Bond Resolution for "Reconstruction of Elmwood Avenue Phase V - Bryant to North". The Common Council approved this resolution on 12-12-2000. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in Page 13 01-0918-ss0907.txt the amount of $200,000 against the 2000-01 Bond Resolution for "Delaware Park Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 against the 2000-01 Bond Resolution for "Citywide Parks and Playground Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $450,000 against the 2000-01 Bond Resolution for "McCarthy Park Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2000-01 Bond Resolution for "LaSalle Park Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,000,000 against the 2000 Bond Resolution for "Improvements to City Parks and Playgrounds 2001". The Common Council approved this resolution on 06-21-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $750,000 against the 1999-00 Bond Resolution for "Signal Improvements - Various 1999-00". This resolution was approved by the Common Council on 12-28-1999. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 1000 General3000 Capital Projects36310806BAN/Bond Sale285,000 1000 General3000 Capital Projects36310906BAN/Bond Sale230,000 1000 General3000 Capital Projects36311006BAN/Bond Sale350,000 1000 General3000 Capital Projects36400206BAN/Bond Sale200,000 1000 General3000 Capital Projects36400306BAN/Bond Sale200,000 1000 General3000 Capital Projects36400406BAN/Bond Sale450,000 1000 General3000 Capital Projects36400506BAN/Bond Sale500,000 1000 General3000 Capital Projects36400706BAN/Bond Sale1,000,000 1000 General3000 Capital Projects36311106BAN/Bond Sale750,000 Total Requests3,965,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $22,000,000 for City Projects during the Calendar Year 2002. Currently, there are twenty-two (22) City Projects with outstanding interfund loans totaling $7.448 million, not including these projects. There are currently $3,965,000 of interfund loan requests awaiting approval, including the requests listed herein. Approval of this resolution raises the total of interfund loans to $11,413,000. Please be advised that once an interfund loan has been approved, the City is Page 14 01-0918-ss0907.txt committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE PRESIDENT OF THE COUNCIL NO. 26 Propose Extension of the Buffalo Place Special Charge District The Chippewa Entertainment District Association, Inc. is a not-for-profit organization of business and property owners in the Chippewa District. The association consists of every operating service business owner on Chippewa Street from Pearl Street to Delaware Avenue. Also included in the association are members with businesses on Franklin St., Pearl St., and Delaware Avenue. While we are a young organization, we are a strong and committed one, with high hopes for the future of our District. It is our belief that strong organizations like ours, will make our city overall, and downtown in particular, a healthier and more dynamic area. While we recognize the impact that Buffalo Place has had on Main Street, we do not believe that the extension of Buffalo Place to the Chippewa Entertainment District, is desirable. We believe that our interest - whether they are the marketing and promotion of our street, or its daily maintenance - can best be handled by our own group of business owners and operators. The association feels that we are capable of promoting and maintaining the Chippewa District in downtown Buffalo. We have our own cooperative advertising schedule in place and have hosted numerous events in the district. Through the efforts of the association, and the. Cooperative advertising, we are attempting to brand the area as "The Chippewa Entertainment District," similarly to the "Flats" in Cleveland. Currently we are hosting the "Chippewa Cruiser Tuesday" that has become a downtown family event that has proven to be very successful thus far! Each week the Chippewa Entertainment district is filled with more than 200 Classic Cars and trucks. This event has brought a whole new demographic to our district and has been attracting several thousand people downtown on a weekly basis. Just recently the association has worked in conjunction with Artvoice to help host the extremely successful Artvoice Street festival that was responsible for bringing more than 25,000 people into downtown on a Sunday afternoon. Another event that was extremely productive was our Memorial Day - Weekend street festival that was co-sponsored by Labatts, 103.3 the Edge and the Chippewa Entertainment District Association Every business in the Chippewa Entertainment District boasted records sales that Sunday. With the success of these aforementioned events, the level of energy and the bustling atmosphere in the area have created a level of comfort and a safety zone for people and businesses to move back into the downtown area. The traffic in the Chippewa District at night, has risen to a level that has been sadly missed in Downtown Buffalo for a long time. The Chippewa Association's Public Works committee has been working on the Chippewa District Streetscape designed by Foit-Alberts Associates, which will be funded Page 15 01-0918-ss0907.txt through the City of Buffalo Capital Budget. We are working with Ron Empric of BURA, and Peter Cutler of the Mayor's Office. This Streetscape plan has been earmarked for the Chippewa District for four years and is finally being put in place through the efforts of the aforementioned entities. The association has also coordinated with Paul Sullivan, Deputy Street Commissioner of the City of Buffalo, for the maintenance of the Chippewa District. These efforts include, the emptying of trash receptacles, sidewalk and street sweeping and street washing. The streets department has done a tremendous job getting the street prepared for the next days business. The association has also secured assistance through Erie County's Welfare - to - Work program to maintain the cleanliness o the area. These workers will be responsible for the sidewalk sweeping, street lamp poster removal and tree pit maintenance. Presently we are pricing out holiday decorations and lighting for the trees and lamposts in the district. We have also spoken with a landscaping company to secure flower baskets and maintenance of such in the Springtime. We do not need Buffalo Place to provide duplicate services. Recently, through our beautification efforts, the association has contracted with a local artist who has been painting the trash receptacles on the street with an "Artsy Flair". We have also, had the tree beds mulched and have a request into the City Forester for repair and replacement of the trees in the district. So as you can see, The Chippewa Entertainment District Association is quite capable of handling the issues in our district. While it may be clear that Buffalo Place works well for Main Street, it would not, we firmly believe, work for Chippewa. Please let it be noted, at the general membership meeting held on July 18, 2001, the Chippewa District Association voted unanimously against the proposed Buffalo Place Extension. As the property owners and entrepreneurs of the Chippewa District that are largely responsible for making this area a viable venue for nightly entertainment, we are asking for your support to vote against the Extension. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 Board of Assessment Review Appointment I am reappointing Mr. Henry Osinski to the City of Buffalo's Board of Assessment Review. Mr. Osinski resides at 175 Parkside Avenue and has served as an outstanding member of the Board since 1986. Beyond a doubt, Mr. Osinski is well qualified to retain his position on the Board, which will officially begin 10/01/01 and end 9/30/2006. Mrs LoTempio Moved: That the above communication from the Common Council, Council President dated September 10, 2001, be received and filed; and That the reappointment as a member to the Buffalo Board of Assessment Review of Henry Osinski, residing at 175 Parkside Avenue, for a term beginning on October 1, 2601 and expiring on September 30, 2006, be and it hereby is approved. PASSED AYES - 13 - NOES - 0 Page 16 01-0918-ss0907.txt NO. 28 CONCERNS NORTH JEFFERSON LIBRARY Architecture is not architecture until it is built. An then, like the World Trade Center in New York City, it can become a symbol or the hatred that exists in the world. A Library, however, is a place of love where young minds come alive as they see the endless possibilities that exist in the world. We need the North Jefferson Library, and we need it now. A month ago, we delivered to you and to Library Associate Director Michael C. Mahaney the final Construction Documents for your review so that we can bid the project. We understand, based upon our conversation with you in early September, that the City has not yet purchased the remaining land and therefore, the project cannot be bid. We wonder why? As Fall approaches, we are at a critical moment in the construction season. Contractors like to bid project for fall construction because they ran keep their crews busy during the winter months. Also, at the present time, because of the slowdown in school spending because of the State budget impasse, Contractors are looking for work and interest is high. We have had half dozen contractors visit our office in the past month to preview our plans --an unusually high number. Also, construction costs are escalating at a rapid rate. Based upon the enclosed building cost index enclosed, if construction is delayed until the spring, you could add 2.5 to 3 percent to the cost of the project. Is there a City Ordinance that says you can bid a project until the land is secured? If not, why don't you allow us to bid the project now. It would probably take six to eight weeks before work is authorized to begin, and at that time, the land would be secured. Remember, architecture is not architecture until it is built, and the community desperately needs this project. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSSIONER OF PUBLIC WORKS NO. 29 CONCERNS Delta Sonic Expansion Project - 1254 (1264 sic) Main Street At the informational meeting on August 22 nd representatives of Delta Sonic, especially Mr. Klein and Mr. Yeomans, were unable to recall figures as to the number of vehicles using the car wash or gas pumps on a daily, weekly, monthly or yearly basis. Also, they could not answer what the yearly average total gallons of gasoline and other fuels that are dispensed at 1264 Main Street. They promised to provide those figures. If they would send the figures to us by mail, email or fax we will distribute them to the interested neighbors. The vehicle and fuel figures are critical in estimating how much more traffic the proposed expansion will generate, especially where there are (according to Mr. Klein and Mr. Yeomans and my own experience) currently serious traffic problems in entering, exiting and waiting to use the car wash and gas pumps. I have always held the opinion that political representatives had a duty to consider all controversial matters impartially. They should be like ajudge orjury and make no final decision until they have heard and reviewed all sides of an issue. What bothers me most in this matter is the fact that from the beginning your only contact has been with Delta Sonic's Page 17 01-0918-ss0907.txt representatives. Even after some of us expressed opposition to the project, you continued to meet only with the proponents. Until forced by the full council you made no attempt to contact the local residents affected by the expansion project. In all discussions you seem to be fully convinced that, in spite of the detrimental affect on the neighborhood as expressed by myself and others, the project will be beneficial and must be approved. I ask you to reconsider this expansion project with a completely open mind. Consider all of the facts and effects before making a final decision. Most importantly, make Delta Sonic produce true facts and figures alluded to above. Since July, Delta Sonic gave you and the planning committee and me the impression that it already owned the Mid-City building at 1226 Main Street. It does not - at least as of August 22 "d , no deed transferring title had been recorded. They gave the impression that the building at 1226 Main Street was in such dilapidated and dangerous condition that it was ready to be condemned as uninhabitable. In July they said it would take $900,000 to make it code compliant and habitable. By August 22"d, that figure had doubled in stages to $1,400,000, then to $1,700,000 and I believe finally to $1,800,000. Also, many statements on the SEQR information sheet are misstatements of fact. It is past time for you to stop meeting only with Delta Sonic representatives. All meetings regarding this project should be open, with representatives of the affected neighborhood allowed to be present and to present their views. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 BOYCOTT WAACP ADAMS MARK HOTEL Enclosed, you will find some basic questions and answers as to why the NAACP is calling for an all-out boycott of the Adam's Mark Hotels. Attached to the Q&A section, you will find the complaint of the State of Florida against Adam's Mark Hotel. A more complete history of the case can be found on a link from the NAACP's web page which s http://www.naacp.org on the right side of the web page you will see "Case History: NAACP vs Adam's Mark, and if you click on it, it will take you to other cases involving Adam's Mark Hotel. I hope this information will be of assistance to you. RERFERRRED TO THE COMMITTEE ON MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 31 CONCERN DELTA SONIC EXPANSION ON MAIN ST I am writing as a resident of the downtown Buffalo waterfront and as a member of Citizens for Common Sense in order to draw your attention to the situation at the Delta Sonic car wash location on Main Street. It is my understanding that Delta Sonic has requested permission to demolish the building adjacent to its location at Main and Barker so that they can add more gas pumps and an expanded IT convenient" store to its current operation. I have used the Delta Sonic location in question and admit that it can get crowded and busy when the car wash is being heavily used. But as I sit in my car waiting in line for a "Superkiss" watching the flow of business through the operation, it seems that the crowds are due to a poor traffic Page 18 01-0918-ss0907.txt flow design and to the number of people at the car wash. When the car wash isn't busy, there is plenty of room at the existing pumps and in the convenience store. Yet Delta Sonic does not, I believe, intend to expand the car wash facility. Another reason to resist the Delta sonic expansion lies in the nature of the building to be destroyed. It is an old, architecturally interesting structure which is in good condition. To trade this building for some gas pumps and a metal box which sells mostly alcohol and soft drinks seems a shame. While I could not attend the recent public meeting held to discuss this expansion, I expect that one of the rationales offered in Delta Sonic's favor was the promise of new jobs. This is a tantalizing rationale: we need more jobs, especially in the city; therefore trading an old building for some (probably low-paying) jobs seems not only acceptable but an actual indication of progress. The issue of equality of economic opportunity is a crucial one which must be resolved in order for Buffalo to truly develop. That opportunity will not come from transplanting business models which are meant for a suburban setting into an urban setting. This Delta Sonic location is much like the ones on the Boulevard in Amherst, Orchard Park Road in West Seneca and Walden Avenue in Cheektowaga they are laid out for the convenience of people in automobiles. Walking into any one of the locations is an almost dangerous proposition and each location consumes a large amount of space which disrupts pedestrian traffic. Revitalizing Buffalo, physically, culturally AND economically requires a focus on people and their needs, not on, as occurs in the suburbs, what works best for the automobile. For cities to be successful, we need to build environments in which people can walk to obtain services. While this assertion sounds laughable when speaking of a car wash--it is nevertheless true. A car wash in a urban location must structure its operation so that pedestrians are not unduly obstructed or separated from other services. Its design needs to be highly space efficient and, especially if it contains a convenient store, easily accessible to those on foot. As is being stated more regularly by residents, representatives and visitors, Buffalo is a city with much to offer. One of Buffalo's appeals, noted regularly in the press by residents, visitors and experts alike is our architectural heritage. It is important that we protect and nurture this source. While the building at Main and Barker is not currently on the list of "must see" structures, it can act as one of the architectural "anchors" for that section of Main Street when its turn for renaissance comes. I urge you to require that Delta Sonic make its operation more space efficient and, in doing so, save a modest old building of fine design and proportion. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 Delta Sonic Main Street Campus 1264 Main Street Buffalo, New York 14209 We wish to thank you for your interest in the review process associated with the proposed expansion of the Delta Sonic Facility located at 1264 Main Street in the City of Buffalo as part of Delta Sonic's desire to locate its National Page 19 01-0918-ss0907.txt Headquarters on Main Street at Barker. We have enclosed an attachment which outlines the phasing of the project, the project benefits and the site planning matters, together with copies of correspondence and specifications provided by Angevine Acoustical Consultants, Inc., and a copy of the proposed site plan, all of which were provided to the residents during the meeting conducted by Councilmember Dominic Bonafacio on August 22, 2001 . This material outlines the status of the submission as of August 22, 2001. During the Public Meeting on the 22nd , several issues were raised by the residents and public officials. We wish to address these issues for you and the members of the City Council to evaluate during your deliberations on the merits of the project. Re-use of the existing Mid-City Building. We have looked at alternatives to keep the Mid-City Office Building, however, the costs associated with renovating this facility as office space are extremely high and, therefore, not economically feasible. Further, there is no provision for on site parking to support the facility as an office building without demolishing the Barker Street Building located to the west. It is the desire of the local Councilman, as well as the residents, that the Barker Street Building remain to provide a barrier between the commercial uses along Main Street and the residents living on Linwood Avenue. We have examined the possibility of incorporating City Office Building into the Delta Sonic Operation, but find it not to be functional. Furthermore, leaving the building in place would prevent Delta Sonic from expanding the existing operations and, therefore, jeopardize the entire Main Street Campus Project. We have attached cost estimates associated with the re-use of the Mid City Building as an office facility to this correspondence for your consideration. Certain questions were raised by residents with respect to the information provided on the Environmental Assessment Form. We have enclosed a document, indicating answers to the concerns of the residents. Delta Sonic has checked their records and find that an average of 1,100 cars per day presently visit the Delta Sonic Main Street location. It is anticipated that the average could grow by as much as 10% with the proposed expansion. We hope this information will be helpful to you and members of the Council in evaluating the merits of our project. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 33 Tax Exemption for 521 Winslow Avenue (Item #183, C.C.P. September ,2001) On June 13, 2001 an application for a real property tax exemption pursuant to Real Property Tax Law 420a was submitted to the Department of Assessment and Taxation by the Kehr-Fillmore Winslow Ave. Block Club. After a review of the application submitted by Judson T. Price Jr., as an authorized representative of the applicant, the application was denied. The denial was based on the fact that the applicant is not eligible for an exemption pursuant to Real Property Tax Law (RPTL) 420a, Nonprofit Organizations, Mandatory class. Section 420-a provides a mandatory exemption to "Real Property owned by a corporation or association organized or Page 20 01-0918-ss0907.txt conducted exclusively for religious, charitable, hospital, educational or moral or mental improvement of men, women or children purposes, [provided the property is] used exclusively for carrying out thereupon ... such purposes" (RPTL, 420-a(l)). Unfortunately, a Block Club does not fall within the purview of this legislation and the application must be rejected. While at first glance, it may be suggested that a block club may fall within the meaning of "...moral or mental improvement of men, women or children." the New York State Office of Real Property Services (formerly known as the State Board of Equalization and Assessment) has rejected this assertion. They have stated in "5 Op. Counsel SBEA No. 17 that the classification of "moral or mental improvement of men women or children has been limited in its application to organizations which are directed to character development and the molding of socially beneficial attitudes. Furthermore, it has been their opinion that this category should be limited specifically to the YMCA, Boy Scouts and analogous organizations. Real Property Tax law 300 legislates that all real property in New York State is subject to taxation unless specifically exempted therefrom by statute. We are therefore precluded from exempting this parcel from taxation under its current ownership. I trust this information is sufficient. If we may assist further, please call me at 851-5747. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 34 Report of Bids Hennepin Park Splash Pad General Construction Electrical Permission to take bids was received on Item #54, CCP- 4/17/01. 1 have received the following sealed formal proposals for the construction of Hennepin Park Splash Pad, which were publicly opened and read on August 21, 2001. BASE Alt. Alt. COMPANY BID #1 + #2 TOTAL W.C. Roberson $158,283+ 5,600 + 260 $164,143 602 E. Delavan Buffalo, NY 14211 WilSandra Const $168,000+ 5,600 + 440 $174,040 344 Sycamore Street Buffalo, NY 14203 Visone Const Inc. $187.299 + 6,000 + 4,600 $197,899 79 Sheldon Ave. Depew, NY 14043 Consultant's Est $145,000 + 6,000 + 375 $151,375 ELECTRIC BASE BID Weydman Electric $19,900 747 Young Road Tonawanda,NY 14150 $22,290 Goodwin Electric 121 California Drive Page 21 01-0918-ss0907.txt Williamsville, NY 14221 Warren Electric $22,875 77 Reading Street Buffalo, NY 14220 Consultant's Estimate $21,000 I hereby certify that the foregoing is true and correct statement of the bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. Award for General Construction shall be decided by the base bid plus alternates 1 & 2, and the Electric contract shall be decided by the base bid only. General Construction W.C. ROBERSON @ $ 164,143 Electric Work WEYDMAN ELECTRIC @ $ 19,900 PROJECT TOTAL: $184,043 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available from the new City Wide Parks & Playground account. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks- and Streets dated September 7, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts, to the lowest responsible bidders, for the construction of Hennepin Park Splash, for General Construction to W.C. Roberson, in the amount of $164,143, for Electric Work to Weydman Electric in the amount of $19,900 for a total encumbrance of $184,043. Funds for the project will be available from the new City Wide Parks & Playground account. Passed. AYES - 13 - NOES - 0 NO. 35 Report of Bids Stachowski Park Phase 2 Site Construction Electrical Permission to execute the master plan was received on Item #60, CCP: 2/03/98. 1 have received the following sealed formal proposals for the construction of Stachowski Park Phase 2, which were publicly opened and read on August 28, 2001. BASEAlt. Alt. Alt. COMPANY BID +#1 #3 #4 TOTAL Birch Grove $528,000 + 48,500 + 25,000 + 21,000 = $622,500 P.O. Box 117 EastAurora, NY 14052 Man O'Trees $538,660 + 49,525 + 18,500 + 24,900 = $631,585 344 Sycamore Street Buffalo, NY 14203 Scott Lawn $486,721 + 99,000 + 29,983 + 27,414 = $643,118 5552 Town Line Road Sanborn, NY 14132 Visone Con $619,743 + 51,500 + 17,800 + 32,300 = $721,343 Page 22 01-0918-ss0907.txt 79 Sheldon Ave. Depew, NY 14043 Buffalo Creek$728,000 + 58,900 + 42,500 + 23,500 = $852,900 11800 Route 20a Wales Center, NY 14169 Consultant's Estimate $560,289+38,416+14,412+37,178= $650,295 ELECTRIC BASE BID Frey Electric $213,000 1300 Military Road Buffalo, NY 14217 Weydrnan Electric $245,900 747 Young Road Tonawanda, NY 14150 Consultant's Estimate $215,500 I hereby certify that the foregoing is true and correct statement of the bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. Award for Site Construction shall be decided by the base bid plus alternates 1,3,4 and the Electric contract shall be decided by -the base bid only. Site Construction BIRCH GROVE@ $ 622,500 Electric Work FREY ELECTRIC @ $ 213,000 PROJECT TOTAL $ 835,500 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available from the new Lovejoy District Parks Phase 2 account, Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 7, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby & authorized to award contracts, to the lowest responsible bidders, for the construction of Stachowski Park, Phase 2, for Site Construction to Birch Grove, in the amount: of $622,500, for Electric Work to Frey Electric in the amount of $213,000 for a total encumbrance of $835,500. Funds for the project will be available from the new Lovejoy District Parks Phase 2 account. Passed. AYES - 13 - NOES - 0 NO. 36 INTERFUND LOAN REQUESTS -VARIOUS PROJECTS In order for our department to move forward with various projects the following interfund loans are requested.- The budget year and an estimated spending plan is noted for each project. 1) $285.000 for Restoration of Symphony Circle, 2000-01 Capital Budget. 9/01 10/01 11/01 12/01 $ 50K 85K 100K 50K 2) $230,000 for Restoration of Richmond/Ferry Circle 2000-01 Capital Budget 9/01 10/01 11/01 12/01 $ 50K 80K 50K 50K 3) $350,000 for Reconstruction of Elmwood Ave Phase V 2000-01 Capital Budget 9/01 10/01 11/01 12/01 $ 75K 1OOK 1OOK 75K 4) $200,000 Delaware Park Improvements 2000-01 Capital Page 23 01-0918-ss0907.txt Budget 9/01 10/01 11/01 12/01 $ 50K 75K 50K 25K 5) $200,000 Improvements to Parks & Playgrounds City wide 2000-01 Capital Budget 9/01 10/01 11/01 12/01 $ 50K 75K 50K 25K 6) $450,000 McCarthy Park Improvements 2000-01 Capital Budget 9/01 10/01 11/01 12/01 3/02 4/02 5/02 $ 50K 100K 75K 25K 75K 75K 50K 7) $500,000 LaSalle Park Improvements 2000-01 Capital Budget 9/01 10/01 11/01 12/01 3/02 4/02 5/02 $ 75K 100K 75K 25K 75K 75K 75K 8) $1.2 million Lovejoy District Parks 2000-01 Capital Budget 9/01 10/01 11/01 12/01 3/02 4/02 5/02 6/02 $100K 200K 150K 50K 150K 250K 150K 150K 9) $1.0 million City Parks Improvements 2001 Capital Budget 9/01 10/01 11/01 12/01 3/02 4/02 5/02 6/02 $150K 200K 100K 50K 150K 150K 150K 50K 10) $750,000 Signal Improvements City wide 1999-00 Capital Budget. This project is federally reimbursed. 9/01 10/01 11/01 12/01 1/02 2/02 3/02 $ 50K 100K 100K 100K 100K 100K 200K 11) $700,000 Delaware District Infrastructure 2000-01 Capital Budget 9/01 10/01 11/01 2/01 $200K 200K 200K 100K 12) $400,000 North District Infrastructure 2000-01 Capital Budget 9/01 10/01 11/01 12/01 $100K 100K 100K 100K 13) $400,000 Niagara District Infrastructure 2000-01 Capital Budget 9/0110/0111/01 12/01 $100K 100K 100K 100K 14) $600,000 South Buffalo Infrastructure 2000-01 Capital Budget 9/0110/0111/01 12/01 $100K200K150K 150K 15) $400,000 Ellicott District/Fruitbelt Infrastructure 2000-01 Capital Budget 9/0110/0111/01 12/01 $100K100K100K 100K 16) $550,000 University District Infrastructure 2000-01 Capital Budget 9/0110/0111/01 12/01 $150K150K150K 150K 17) $250,000 Curb Replacement Erskine Ave. 2000-01 Capital Budget 9/0110/0111/01 12/01 $ 50K100K75K 25K 18) $400,000 Fillmore District Infrastructure 2001 Capital Page 24 01-0918-ss0907.txt Budget 9/0110/0111/01 12/01 $100K100K100K 100K 19) $225,000 Roosevelt Park Infrastructure 2000-01 Capital Budget 9/0110/0111/01 12/01 $25,000100K50K 50K The above requested loans total $9,090,000 and the only project which is federally reimbursed is #10 for traffic signal improvements city wide. If you have any questions please contact Daniel E. Kreuz, P.E. City Engineer directly at 851-5631. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 37 Widening of Scathered Place Entrance - Battaglia Recycling Facility C.C.P. #128,9/4/01 In response to the above subject, please be advised that our department recommends the following: Scathered Street be purchased by Battaglia Demolition, Inc. All construction costs at the expense of Battaglia Trucking subject to the conditions outlined by the Department of Public Works, Parks & Streets. Construction of a 28 foot wide driveway consisting of two (2) 13' driving lanes and two (2) - F curb offsets. Site plan of proposed improvements submitted for approval by the Department of Public Works, Parks & Streets. Relocation of wood pole at southwest radius. If you have any further questions regarding the above, please contact Michael Zera of our Construction Section at 851-5864 and John Bidell of our Traffic Section at 851-4785. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 Certificate of Appointment Appointment Effective: September 4, 2001 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Assistant City Forester Permanent Appointment at the: Intermediate Starting Salary of: $ 26,756 Andrew Rabb 42 Zelmer Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 39 Certificate of Appointment Appointment Effective: August 31, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Supervisor of St. San. I Permanent Appointment at the: Maximum Starting Salary of: $ 31,55 2 Kenneth M. Giroux 75 Rosedale Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective: September 10, 2001 in the Department of Police to the Position of Senior Cellblock Attendant Contingent Permanent, Promotion at the Intermediate Starting Salary of $ 27,509 Norbert Ryan, 41 Magnolia Avenue, Buffalo, New York Page 25 01-0918-ss0907.txt 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE No. 41 CERTIFICATE OF APPOINTMENT Appointment effective In the department of Fire To the position of: Battalion Chief , Permanent Appointment at the flat starting salary of $64,801 James Poley, 77 Ava Lane, Williamsville, 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment effective September 3, 2001 in the department of Fire to the position of Captain Permanent Promotion at the FLAT Starting salary of $59,432 Paul Beale, 362 Wardman, Kenmore NY 14217 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Appointment effective September 3, 2001 in the Department of:Fire to the position of Fire Lieutenant, Permanent Promotion at the flat Starting Salary of $56,560/yr James Whalen, 6 Washington Hwy., 14226 Thomas Sember, 291 Clark,Tonawanda, 14223 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment effective: September 3, 2001 in the Department of:Fire, to the position of Fire Lieutenant, Contingent permanent, Promotion at the flat Starting salary of: $56,560 Gregory Nikiel, 105 Reserve Road, W. Seneca, 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 45 REFUND OF EXCESS TAXES BUFFALO VILLAGE ASSOCIATES On February 24, 1975, a contract was executed by the City of Buffalo and Buffalo Village Associates, a partnership, limiting real property tax liability on nine parcels owned by the partnership pursuant to Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. The contract places a real property tax ceiling of $32,400 as to City and County combined taxes for each year, and exempts the real property from any further similar tax for a period of up to forty years, beginning from the date on which the benefit to such exemption first became available and effective. The agreement includes the following properties: 76 Johnson Park269 Georgia III Prospect66 Whitney 186 Carolina59 Whitney 222 Carolina35 Whitney 209 Carolina Page 26 01-0918-ss0907.txt The refund is apportioned between the City and the County, in accordance with the tax rates at the time. The years during which the tax payments made by the partnership exceeded the tax ceiling are as follows: Tax Year 1996-97 City Tax$34,866.02 County Tax (1997)7,394.96 Total$42,260.98 Ceiling$32,400.00 Overpayment$ 9,860.98 City share of refund due 825 x $9,860.98 $8,135.31 Tax Year 1997-98 City Tax$39,692.94 County Tax (1998)7,899.51 Total$47,592.45 Ceiling$32,400.00 Overpayment$ 15,199.24 City share of refund due: .834 x $15,199.24 $12,592.77 Tax Year 1998-99 City Tax$40,051.66 County Tax (1999)7,008.43 Total$47,060.09 Ceiling$32,400.00 Overpayment$14,660.09 City share of refund due: .851 x $14,660.09 $12,475.74 Tax Year 1999-00 City Tax$40,293.78 County Tax (2000)5,829.06 Total$46,122.84 Ceiling$32,400.00 Overpayment$ 13,722.84 City share of refund due .874 x $13,722.84 =$11,993.76 Tax Year 2000-01 City Tax$38,265.36 County Tax (2001)4,596.03 Total$42,861.39 Ceiling$32,400.00 Overpayment$ 10,461.39 City share of refund due: .893 x $10,461.39 =$9,342.02 Grand Total City Share 1996-97 through 2000-01$54,539.60 It is hereby requested that the Comptroller be authorized to issue a check in the amount of $54,539.60 payable to Buffalo Village Associates, representing the City's share of refund of excess real property tax payments for tax years 1994-95 through 2000-0 1. Mrs. LoTempio moved: That the above communication from the Department of Law dated September 13, 2001, be received and filed; and That the Comptroller he be, authorized to issue a check in the amount of $54,539.60 payable to Buffalo Village Associates, representing the City's share of refund of excess real property tax payments for tax years 1994-95 through 2000-01. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 46 ORDINANCE AMENDMENT, CHAPTER 167, ELEVATORS ITEM NO. 167. C.C.P. 9/4/2001: Page 27 01-0918-ss0907.txt I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Upon review of the proposed changes to Charter and Ordinance Section number 167, referencing Elevators we in the Department of Permit and Inspection Services are in support of the proposed changes to this ordinance. It my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 USED CAR DEALER 2650 BAILEY 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 2650 Bailey and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Kisha Renfro. The attached thereto for Kisha Renfro d/b/a K & J Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 USED CAR DEALER 3225 BAILEY 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 3225 Bailey and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Yayha A Ali. The attached thereto for Yayha A Ali d/b/a Tony's Used Car Lot & Auto Repair. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 USED CAR DEALER 430 GENESEE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 430 Genesee and rind 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 it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Guy Burt. The attached thereto for Guy Burt d/b/a Burt's & Sons Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 Page 28 01-0918-ss0907.txt RESTAURANT DANCE CLASS 11 1239 NIAGARA 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 11 License located 1239 Niagara 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 11 License is being sought and according to the attached reports from the, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Ramon Rodriquez. The attached thereto for Ramon Rodriquez d/b/a Club El COCO. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 51 APPROVAL OF AMENDMENT TO SALARY SCHEDULE FOR CRIME ANALYST We respectfully request that your Honorable Body consider and approve a salary amendment for the position of Crime Analyst in the Buffalo Municipal Housing Authority comparable to the Crime Analyst in the Buffalo Police Department. Crime Analyst is represented by Local 264 White Collar Unit. We previously submitted for your approval, the salary schedules for Local 264 White Collar Unit and Non-represented employees on August 7, 200 1. This position is federally funded through the Public Housing Drug Elimination Program Grant and will have no effect on the City's deficit to the BMHA. The upgrade shall become effective retroactive to approval of the Board of Commissioners, which was August 16, 2001. A certified extract and a copy of the amended salary schedule is attached. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 BMHA EXAMINE SCOPE /EFFECTIVENESS OF HUD ITEM #31, C. C.P, SEPTEMBER 4, 200 1, This office received your letter of September 5th, copy of which is attached, in our offices on September 11th at which time I was out of town at a conference. A telephone call was made to your office and it was advised that due to lack of response time, ie., September 13th, we should submit a letter indicating that a response will be forthcoming. Accordingly, please be advised that your office will be receiving a response to the above matter in the very near future. If you have any questions, please contact the undersigned. Thank you for your cooperation in this matter, Sincerely, BUFFALO MUNICIPAL HOUSING AUTHORITY REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 Page 29 01-0918-ss0907.txt BUFFALO MUNICIPAL HOUSING AUTHORITY INFO MEMO OF AGREEMENT LOCAL 264 Per your request, I am attaching a memorandum from Joseph Bartosik, BMHA Assistant Director for Finance, stating that the the Memoraridum of Agreement between the BMHA and Local 264, AFSCME, AFL-CIO, White Collar Unit and the amended salary and longevity schedules for the exempt and non-represented employees will increase the City's deficit payment to the BMHA by approximately $160,437 over the 4 year time span covered by the agreement. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 54 REFUND $11.00 FINE I am paying yet another ridiculous fee to the city of Buffalo. I would like to know why responsible dog owners are penalized for owning a dog? My Boston Terrier never leaves my property yet I am required to pay a fee and now a fine to the city for providing no service to me what so ever. My dog does not walk on city streets or costs the city in any way. I do not let my dog run loose. My (log does not urinate or defecate in city streets or parks. My dog has a tag I purchased with her name address and phone number in the unlikely event she should get loose. The city also has the nerve to ask for a self-addresses stamped envelope to send you your dog license. They don't even spend for a stamp or envelope yet they will spend to send for money demands and fines. I would also like to know why other pet owners don't have to pay a licensing fee? There is no fee for cats, snakes, birds, ferrets, tropical fish or potbelly pigs etc. I view this as blatant discrimination against dog owners. I also understand that from time to time the city has to retrieve a lost or stray dog but why am I paying for that service and not all the tax payers. This seems very unfair. Hey I have an idea, why not fine the person who owns the dog that is picked up. I don't know for sure but will bet there is a fine in place for that service also. The city of Buffalo is famous for charging double for services rendered, a good example is the garbage user fee once part of our tax money but now a separate fee. I am sick and tired of paying these fees. No. 55 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: ADMINISTRATION AND FINANCE-BUDGET RECEIVED AND FILED No. 56 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Community Services - Jor-El Hunt RECEIVED AND FILED No. 57 Liquor License Applications Attached hereto are communications from persons applying for Page 30 01-0918-ss0907.txt liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 3152 Main St 3152 Main Street Arthur Pollack 1652 Elmwood Ave 1652 Elmwood Ave Florence Towney RECEIVED AND FILED No. 58 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Marietta O'Malley, Dawn Kent, Patricia Bowers, Robin Bridges, Michael Strobele RECEIVED AND FILED No. 59 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED No. 60 Notices of Appointments - Council Interns Appointment Effective: September 7, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $8.00/HR Wallace L. Owens, Jr. 34 Blake Street Buffalo, NY 14211 Appointment Effective: September 17, 2001 in the Department of COMMON COUNCIL to the Position of Intern I SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $7.00/HR Danielle Finkowski 281 Commonwealth Ave Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 61 Notices of Appointments - Seasonal/Flat Appointment Effective: September 10, 2001 in the Department of Strategic Planning Division of Real Estate to the Position of Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of: $8.15 Philip Frederick, Sr. 80 Avery Ave Buffalo, NY 14216 Alfred Mancuso 165 Clairemont Ave Buffalo, NY 14222 Appointment Effective: September 13, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of: $8.15 John S. Kalwicki 21 Brinton Buffalo, NY 14214 Santiago Lopez 44 Alamo Pl. Buffalo, NY 14220 Appointment Effective: September 11, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of: $8.15 Rian Milligan 88 Kentucky St Buffalo, NY 14204 Appointment Effective: September 12,200-1 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 Burvid, Mary Ann 128 Sheffield Page 31 01-0918-ss0907.txt Buffalo 14220 Haug, Kelly 22 Weiyand Buffalo 14210 Steele, Karen 24 Eden Buffalo 14220 Wachowicz, Kathleen 81 Barnard Buffalo 14206 Appointment Effective: September 11, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the: Fiat Starting Salary of: $8.15 Jamal R. Jemes 13 South Lane Buffalo, NY 14207 Appointment Effective: September 5, 2001 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer II Seasonal Non-Competitive at the Flat Starting Salary of: $ 8.15 Mario DiBartolomeo 467 Hinman Ave. Buffalo, NY 14216 Appointment Effective: September 10, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Laborer II Seasonal Non-Competitive at the: Flat Starting salary of: $ 8.15 Brian M. Poblocki 245 Willett Buffalo, NY 14206 Gary Dixon 394 Olympic Buffalo, NY 14215 Appointment Effective September 17,2001 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Lifeguard Seasonal Non competitive at the: Flat Starting Salary of: $ 6.25 Gary Augustiniak 302 Kensington Buffalo 14214 Eric Augustyn 93 Baxter Buffalo 14207 David Borne 131 Kail Buffalo 14207 Gaetano Capodicasa 434 Seneca Buffalo 14204 Frank Centinello 253 Davey Buffalo 14206 Eric Cichowski 10 Gorski Buffalo 14206 Kristy Ernest 55 Ritt Buffalo 14207 Grace Golodinski 116 St Joseph Buffalo 14211 Maria Matos 113 Argus Buffalo 14207 Kimberly Whitney 274 Balraga Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 62 Appointments - Temporary, Provisional or Permanent Appointment Effective: 9/10/2001 in the Department of Lawto the Position of Legal Secretary Permanent Open Competition at the: minimum Starting Salary of: $27,773 Juanita S. Goodwin 504 Cambridge Avenue Buffalo, New York 14215 Appointment Effective: September 10, 2001 in the Department of: Police to the Position of: School Crossing Guard Temporary Non-Competitve at the: Minimum Starting Salary of: $ 7.09 Deborah C. Wimberly 520 West Ave. Buffalo, NY 13213 Anita Hansbrough 1389 E. Delavan Ave. Buffalo, NY 14215 Maria Rivera 184 Myrtle Ave. Buffalo, NY 14204 Appointment Effective: September 3, 2001 in the Department of: Police to the Position of: Crossing Guard temporary non-competitive at the: minimum Starting Salary of: $ 7.09 Phyllis Baran 174 Colvin Ave. Buffalo, NY 14216 Roxanne Ponticello 122 Fargo Ave, Buffalo, NY 14201 Appointment Effective: September 3, 2001 in the Department of Police to the Position of School Crossing Guard Permanent Non-competitive Page 32 01-0918-ss0907.txt at the: minimum Starting Salary of: $ 7.09 Candace Guarino 33 Crestwood Ave. Buffalo, NY 14216 Theresa Longo 86 Brinton St. Buffalo, NY 14214 Mary Reed 430 East Utica St. Buffalo, NY 14208 Ethel Cummings 182 Hagen St. Buffalo, NY 14215 Annette Drago 396 Skillen St. Buffalo, NY 14207 Joanne Cullen 76 Good Ave. Buffalo, NY 14220 Karen Roof 15 Heussy Ave. Buffalo, NY 14220 Appointment Effective: September 4, 2001 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Park Utility Worker Provisional Appointment at the: Minimum Starting Salary of: $25,914.00 William Price 59 Gatchell Buffalo, NY 14212 Appointment Effective: September 10,2001 in the Department of public Works, Parks, Recreation Division of Recreation to the Position of Refrigeration plant Engineer Temporary Appointment at the:Flat Starting Salary of: $ 6.91 Raymond Boyer 435 East Buffalo 14207 Walter Burshtynski 126 Bird Buffalo 14213 Howard Melcher 210 Riverside Buffalo 14207 Encil Palmer 19 Oregon Buffalo 14207 Joseph Trillizio 108 Laird Buffalo 14207. Appointment Effective: September 6, 2001 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary (6 months) Appointment at the: Flat Starting Salary of: $10.25 John A. Loughran 205 Marine Drive, Apt. 7A Buffalo 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 63 M. ADAMS-CONCERNS NATIONAL FUEL I hereby submit for filing, copies of a letter from Mr. Michael Adams, a concerned citizen. He is seeking assistance from the Council to promptly take care of an on going issue with National Fuel. Sincerely, Charley H. Fisher III Councilmember-at-Large REFERRED TO THE COMMITTEE ON LEGISLATION, NATIONAL FUEL AND COMMISSIONER OF PERMITS AND INSPECTIONS NO. 64 C. CHAPMAN-REVIEW COMPLAINTS BMHA I hereby submit for filing copies of a letter from Charles E. Chapman, an employee of Buffalo Municipal Housing Authority. Mr. Chapman is asking the Council to review the complaints lodged against Ms. Sharon West, Executive Director of BMHA. Sincerely, Charley H. Flsher III Councilmember-at-Large REFERRED TO THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY SERVICES AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 65 Page 33 01-0918-ss0907.txt COMMENTS FRIENDS OF THE BUFFALO NIAGARA RIVERS) ON PROPOSED 100-FOOT SETBACK ORDINANCE We thank the Common Council for the opportunity to speak in support of this important proposal. We are also grateful for the spirit of cooperation in which Council members and staff, the Office of Strategic Planning, and the Law Department have worked with us to develop a proposal that is reasonable, workable, and designed to realize all of the values environmental, economic, recreational, historic, and aesthetic that the Buffalo River waterfront can give this community. The Friends of the Buffalo Niagara Rivers is an organization dedicated to finding ways to make economic development and environmental protection work together for the river and the community, rather than at cross purposes. In particular, I would like to mention four aspects of the ordinance that are designed to protect and foster economic growth: The 100-foot setback applies only to the portions of the Buffalo River shoreline upstream of Ohio Street. This is a reach of the river that is less developed, and has many large parcels of abandoned industrial land where development away from the river shoreline is feasible. This area also has a high proportion of land slightly more than 40%--owned either by governments, or by utilities, railroads, and public authorities, which is not immediately available for private development. Water-dependent and water-enhanced uses are exempted from the setback requirements. Thus, businesses with a legitimate need to utilize the river banks can do so. Existing uses that are inconsistent with the ordinance are treated as nonconforming uses under the zoning code, and allowed to continue in operation. This would include the 59 structures now located within the 100-foot zone. Finally, individual hardship exemptions would be available for situations that do not fit into the foregoing exceptions, but application of the ordinance would interfere unduly with uses of riverfront property. Taken together, these exemptions provide ample room for growth and development, while shifting development pressures away from the environmentally vulnerable river shoreline whenever feasible. With these generous exemptions, we believe that the ordinance's primary value will be in opening a dialog among developers, the City and community and environmental organizations about how a particular parcel should be developed. Our experience in the Iron Mountain litigation and in other development issues suggests that there is often room to negotiate and compromise but that timing is critical in finding acceptable middle ground. If developers believe that there are few or no constraints on development in the riparian zone, they will come forward with ill-conceived, environmentally damaging proposals. Once they have invested time and money in project plans and are ready to "go into the ground," opportunities for investigating alternatives and accommodating both the developers' legitimate needs and the environment's, may be lost. This ordinance should focus all parties' attention to questions of siting, design, and environmental impact at the earliest possible stage of the process. It has been suggested that the statement of reasons for the setback requirement in section 1 of the draft ordinance should be revised to include the purpose of "preserving Page 34 01-0918-ss0907.txt future public access." We are certainly supportive of proposals to maximize public access to the Buffalo River, and for a decade we have been planning and advocating the construction of a public Greenway Trail along the river; but we are concerned that inclusion of such a statement in this ordinance may embroil the City in unnecessary litigation over taking of private property, and possibly require compensation of developers. While the numerous court decisions in the US Supreme Court and New York State have not established a bright line between permissible land use regulation and impermissible takings, a clear theme that runs through their decisions is that when a government effectively takes private property for public access or some other valid purpose, it must compensate the landowner. This is true even if the taking is only temporary, and even if it is only a limited property interest such as an easement. If the ordinance specifies public access as a reason for its enactment, it begins to resemble an easement for public access or a Transfer of development rights. In short, it comes closer to that fuzzy line separating valid regulations from takings of private property. We do not believe that the benefits of specifying future public access in the legislation are worth the risk of successful court challenges. As drafted, the ordinance states a valid and defensible basis for regulating uses of shoreline properties. Implementation of the ordinance may have the collateral effect of making future acquisitions easier, but that should not be a major purpose of the ordinance. Other planning processes, such as the ongoing preparation of a Local Waterfront Revitalization Plan for the City and the upcoming Niagara River Corridor Study, provide the opportunity to address public access issues on a more systematic basis, and we expect to be very active participants in that process. That, we believe, is the appropriate forum to make the Greenway Trail and other public access opportunities a reality. Thank you again for the opportunity to appear today. We urge the Council to proceed with enactment of this important step in the economic and environmental restoration of Buffalo's waterfront. RECEIVED AND FILED NO. 66 B. GRANT -CONCERNS ELMER AVENUE ELMER AVE NEIGHBOR, BETWEEN EAST AMHERST ST. AND HUTCHISON Please file the enclosed correspondence for the next full council meeting to be held Tuesday, September 18, 2001 Sincerely, Betty Jean ant University-District Council Member CONCERNED ELMER AVE NEIGHBOR BETWEEN EAST AMHERST STREETS AND HUTCHINSON AVE TO: THE MAYOR OF BUFFALO. MR. MASIELLO UNIVERSITY COUNCIL MEMBER MRS. BETTY JEAN GRANT POLICE COMMISSIONER SEPTEMBER 8. 2001 WE THERESIDENTS OF ELMER AVENUE HAVE BEEN LIVING UNDER, UNSAFE CONDITIONS. THERE IS A HOME AT 113 ELMER AVENUE THAT DRUGS AND PARTIES GO ON AT NIGHT TIME9 Page 35 01-0918-ss0907.txt BETWEEN THE HOURS OF 9 P.M. UNTIL THE EARLY HOURS OF T14E MORNING. THERE ARE MANY CARS GOING AND COMING, TO THIS ADDRESS. THEIR ARE TWO MEN WHO LIVE AT THIS ADDRESS, JULLIAN JEFFERSON AND DEON JEFFERSON. THEY ARE THE BIGGEST DEALERS THEY LIVE OUT OF TOWN, AND COME BACK TO BUFFALO, AND THAT'S WHEN WE GET ALL OF THE UNNECESSARY TRAFFIC, ON OUR STREET. THE GROUP OF MEN HANG OUT ON THE FRONT PORCH . THIS IS A RED AND WHITE HOUSE THE OWNER OF THE HOUSE, HAS TWO TEENAGE GIRLS. WE WOULD FEEL BETTER IF SOMEONE FROM THE POLICE DEPARTMENT COULD COME BY AND INVESTIGATE OR PATROL THIS HOUSE WE HAVE A LOT OF CHILDREN AND SENIOR CITIZENS ON OUR STREET AND THE NOISE AND THE TRAFFIC IS AWFUL. PLEASE HELP. WE CANNOT SLEEP AT NIGHT., AND IN THE DAYTIME WE CANNOT GO OUT TO SIT. THANK YOU, A CONCERNED RESIDENT REFERRED TO THE THE POLICE REORGANIZATION COMMITTEE AND THE COMMISSIONER OF POLICE NO. 67 BI-NATIONAL CIVIC ADVISORY COMMITTEE MEMBERS RESCHEDULE MEETING The next BNCAC meeting, originally scheduled for September 20', will be rescheduled. Because we want to utilize the time of BNCAC members most effectively, we will schedule the next meeting pending approval of the project's "Notice of Intent" from the Federal Highway Administration (FHWA). In addition, we are sensitive to the tragedies that occurred in New York City, Washington, D.C. and southwest Pennsylvania., and the emotional impacts of these events. We also recognize that one result of these actions has been lengthy and difficult travel across the Peace Bridge. The "Notice of Intent" is a written description of the project that has to be advertised in order to officially start the environmental process. We need this document published prior to initiating other activities that will involve your direct input. I will be forwarding a written project update to you in preparation for the next meeting. RECEIVED AND FILED NO. 68 D. WESTPHAL-REQ. NEW STREET PERRY STREET I live on Perry Street between Smith and Van Renesselaer Streets. At this time I would like to inform you of the necessity Of a NEW HEAVY DUTY STREET not a patch job. We have many elderly people in this area that walk or get around with wheelchairs, canes, and walkers. These people and their disability equipment (canes etc.) use the street to get from place to place - because of the bad condition of the sidewalks. ,Their canes etc. get stuck so many times in the hugh cracks we have in our street. (Many children use the street too - ride bikes, roller skate etc.). The problem on Perry Street is due to the massive amount of trucks, semi-trucks and trailers that use this street to get to their destination - mostly Russer Foods. Sure your Streets Department do come down periodically Page 36 01-0918-ss0907.txt and they do Patch Our Street with tar but that only lasts a few days or should I say a few hours because of the massive amount of trucks that travel on our street - the patch job is uplifted and we have our holes and cracks back again. Can't we get a NEW HEAVY DUTY - so it is strong enough to tolerate these massive amount of trucks? Another big concern of mine and many other residents are the railroad tracks. These tracks are not being used and have not been used in many years. Fulton and Exchange Streets railroad tracks have been paved over and it works very well without the tracks. what about Perry Street why are we being ignored? These tracks are hazardous due to the huge pot holes. When the patch job is uplifted from the tracks and it always is, many of the children take the broken tar pieces and throw it - one or of these days someone is going to get seriously hurt and I'm sure there will be many broken windows. These tracks are also bad for our cars. Many people are complaining about having to get shocks, struts and tie rods for their cars because or this Dad street. Please adhere to our problem or needing a new street and sidewalks. it you nave any questions regarding the above, I can be reached at 823-3637. Please acknowledge receipt or this letter. Thank you for your consideration. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 69 C. CHURCH, ETC CONCERNS CONCERT Please file the attached item on behalf of Candance E. Church, Dinah D. Gamin, and the Kleinhans Community Association for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. We are pro Buffalo and feel the concerts in the waterfront area by the Peace Bridge are an excellent vehicle to get people into the city. However, we need more and varied types (not for just young, punk, rock, rave) but we also feel the quiet enjoyment of our yard on 42 Orton Place (1 mile from these concerts) has a reasonable right as well. The bass is the worst offender. At the last concert, we had our doors and windows shut and could still hear the bass beat and the announcer as clear as a bell. How about setting up the stage so that the music is played towards Canada to reduce the volume or use the technology we are sure that exists to absorb the sound produced? It these concerts are sponsored by the city, how about sending out a concert schedule to the block clubs in the immediate area so we have a choice to stay at home or leave. We would like a choice not just the last minute surprise of a 6 hour loud concert. If I had an anxiety attack over the sound and word choice (sometimes obscene) at 56, what about the Mary Agnes Manor residents who are less than 1/2 mile from the concert area? They are a captive audience with no place to go. On August 26th, we had a family birthday party (with children) planned for our yard. It had to become a house party as the music was so loud and the announcer so obscene. Friendship Festival was fine as there was a diversity of music and we all knew about it ahead of time. August 26th Page 37 01-0918-ss0907.txt was not. It was much louder. Please be fair. We live by Symphony Circle. The concert was I mile away. Our animals were miserable (their ears work better than ours) We were miserable. We had to turn the volume way up on our TV to hear it. Let's work for a fair solution and implement it faster than the Peace Bridge. Please!!! Someone, somewhere will eventually go postal with this level of noise. People need options. In this community, many of us are a captive audience. I know there are ways to contain sound and still have a wonderful concert for those who wish to participate. Let's work to find a solution. Let's start with public notification of the concert schedule. It should be the concert promoter's responsibility to notify local Block Clubs who can in turn pass on the schedule to their members. 30 days notice would be good. We also, at times, find the language offensive. Shit, fuck and damn are words we do not use nor feel should be used or allowed when they are broadcast into a large public space where we do not have an option of hearing what is said. We believe in the 1st amendment right of free speech, but this is going too far. Concert Halls, TV, radio allow for choice- you can leave or turn them off. Open air concerts do not so they must meet a higher standard. We just had a Labor Day celebration at the Parks and we heard nothing, so we know that sound control can be achieved, Looking forward to your response to this matter. Sincerely yours, REFERRRED TO THE COMMITTEE ON LEGISLATION AND THE COMMITTEE ON SPECIAL EVENTS NO. 70 LOTS 44 AND 46 RILEY CASH REALITY FOR PARKING LOT Please file the attached items on behalf of Mr. Willis B. Williams and Mrs. Evelyn 0. Williams for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. Lots at 44 and 46 Riley Street -- Cash Reality holding for parking lot We have lived at 48 Riley Street for over twenty years. Now as senior citizens, we are faced with respiratory health problems that could easily become life-threatening with exhaust fumes generated from vehicles in a parking lot Mr. Williams is on a nebulizer and albuterol for a lung and heart condition. He is under monitored doctor's care. Mrs, Williams has sinus problems and other allergies. Our home is a smoke-free home and we guard against being in situations where there is smoke, fumes, or anything else that may jeopardize our health. Also the proposed parking lot would be on the side of our home where our bedrooms are located. Due to our health problems and the fact that Riley Street is a residential area, we are strongly opposed to the use of the lots at 44 and 46 Riley Street for a parking lot. Earlier this summer we submitted to Mr. James Pitts, Council President, signed petitions by neighbors and friends supporting us in the opposition of the proposed parking lot by Cash Reality for 44 and 46 Riley Street. REFERRRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF REAL ESTATE AND CASH Page 38 01-0918-ss0907.txt REALITY COMPANY NO. 71 C. PELLAM-CONCERNS POLICE OFFICERS Please file the attached item on behalf of Cheryl Pellam for inclusion on the Common 6#U Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, THE COMMISSION ON CITIZENS RIGHTS AND THE CORPORATION COUNSEL NO. 72 ELDER R. DEBOW PARDON PRAISE TABERNACLE Dear Mr. Michaux: Please file the attached item on behalf of Elder Richie L. DeBow, Pastor, Praise Tabernacle Church, located at 704-706 William Street for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND THE COMMISSIONER OF ASSESSYMENTS PETITIONS NO. 73 A. ROWELL, AGENT, USE 2234 SENECA FOR ILLUMINATING PROJECTING SIGN (HRG. 9/25/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 74 W. STERLING, AGENT, USE 1814 GENESEE FOR A POLE SIGN. (HRG. 9/25/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 75 C. MCCAFFREY, AGENT, USE 534 DELAWARE FOR AN ILLUMINATED GROUND SIGN (HRG. 9/25/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 76 C. MCCAFFREY, AGENT, USE 1040 DELAWARE FOR AN ILLUMINATED GROUND SIGN (HRG. 9/25/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. Page 39 01-0918-ss0907.txt NO. 77 NATHAN AND NANCY NORDIN REQUEST FOR CLOSING, ABANDONMENT & SALE OF A PORTION OF A PUBLIC ALLEY Our home is located on the West side of North Pearl Street between Virginia and Allen Streets. Woodbury Alley runs off Virginia Street and is directly behind some of the homes on North Pearl Street, including ours. Our home is the last home on the north end of Woodbury Alley. It is behind our home where the Alley becomes a dead end. We would like to purchase from the City the piece of Woodbury Alley that comes to a dead end behind our home. The size of the parcel is 20 feet long and 14 feet wide (see sketches). There is ingress and egress to the Alley from both Virginia and Franklin Streets and our purchase of this small parcel would not impede access to the alley. There are only two properties, besides ours that abut the parcel of alley we would like to purchase. The first property owners are Tom and Brenda Moll at 70 North Pearl (the alley abuts their back yard). The second property owner is Laborer's Local 2 10. Their parking lot borders the section of alley we are proposing to purchase and the Moll's backyard. There is a chain link fence between their lot and the alley. Also, our purchase would not impede the collection of garbage, access to utilities or cause other restrictions to the alley. We appreciate your consideration of our request. Please call us if you have any questions or need further information. REFERRED TO THE COMMITTEE ON FINANCE, THE DIRECTOR OF STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE COMMISSIONER OF PUBLIC WORKS NO. 78 DELTA SONIC MAIN STREET CAMPUS 1264 MAIN STREET BUFFALO, NEW YORK 14209 Dear Council President: We are enclosing copies of the petitions supporting the expansion of the existing Delta Sonic Facilities of the proposed Main Street Campus. These petitions represent 1,637 residents who have indicated their support of the project. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 79 B. WILLIAMS S. AKIERI & O REQUEST EMERG TENANT MTG ELLICOTT HOMES Please file these petitions on behalf of the Residents of the Ellicott Houses, Inc. for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have any concerns regarding this request, please contact me at 851-4980. Mrs. LoTempio moved: That the Common Council does hereby endorse a meeting to be held by the Board of Directors of Ellicott Houses, Inc. for the behalf of the residents to discuss the Revitalization Plan, specifically the Relocation Plan. ADOPTED REGULAR COMMITTEES CIVIL SERVICE Page 40 01-0918-ss0907.txt (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 80 APPOINTMENT SUPV. ACCOUNTANT (INTER) (COMPT) (ITEM NO. 17-C.C.P. JULY 24, 2001) That Communication 17, July 24, 2001 be received and filed and the permanent appointment of Michael R. Szukala stated above at the intermediate salary of $45,170 Effective on July 16, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 81 APPOINTMENTS SUPVS. OF DATA PROCESSING OPERATIONS (MAX) (MIS) (ITEM NO. 23 -C. C. P. JULY 24, 200 1) That Communication 23, July 24, 2001 be received and filed and the permanent appointments of Peter Barone and Thomas Cavaretta stated above at the maximum salary of $52,609 effective on July 16, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 82 APPOINTMENT ASST. FILTRATION PLANT OPERATOR (MAX) (PW) (ITEM NO. 64-C.C.P. JULY 24, 200 1) That Communication 64, July 24, 2001 be received and filed and the permanent promotion of Matthew Janicki stated above at the maximum salary of $31,589 effective, on July 9, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 83 APPOINTMENT EQUIP. OPERATOR (MAX) (PW) (ITEM NO. 66-C.C.P. JULY 24, 200 1) That Communication 66, July 24, 2001 be received and filed and the permanent promotion of Philip Gramaglia stated above at the maximum salary of $29,278 effective on July 9, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 84 APPOINTMENT STREET WORKER (MAX) (PW) (ITEM NO. 67-C.C.P. JULY 24, 2001) That Communication 67, July 24, 2001 be received and filed and the permanent appointment of Collin Davis stated above at the maximum salary of $27,931 effective on July 10, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 85 APPOINTMENTS PARK UTILITY WORKERS (INTER) (PW) (ITEM NO. 68-C.C,P. JULY 24, 2001) That Communication 68, July 24, 2001 be received and filed and the provisional appointments of Irving Fowler and Page 41 01-0918-ss0907.txt Fernando Martinez stated above at the intermediate salary of $27,596 effective on July 9, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 86 APPOINTMENT COMM. GRANTS COORDINATOR (MAX) (POL.) (ITEM NO. 72-C.C.P. JULY 24, 200 1) That Communication 72, July 24, 2001 be received and filed and the permanent appointment of Maureen A. Oakley stated above at the maximum salary of $34,975 effective on July 16, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 87 Appointment Sr. Data Proc. Equip. Operator (Inter) (Pol) (Item No. 73-C.C.P. July 24, 200 1) That Communication 73, July 24, 2001 be received and filed and the permanent appointment of Tracy A. Cegiclski stated above at the intermediate salary of $31,167 effective on July 16, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 88 Appointment Associate Account Clerk (Inter) (Fire) (Item No. 74-C.C.P. July 24, 200 1) That Communication 74, July 24, 2001 be received and filed and the permanent appointment of Jill Parisi stated above at the intermediate salary of $28,896 effective on July 9, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 89 Appt.-Fire Lt. (Max) (Perm.) (Fire) (CCP#75-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 90 Appt.-Fire Lt. (Max) (Perm. Cont.) (Fire) (CCP476-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 91 Appointment Counselor 11 (Max) (Com. Svs.) (Item No. 84-C.C.P. July 24, 200 1) That Communication 84, July 24, 2001 be received and filed and the pro-6sional appointment of Ida Berzon stated above at the maximum salary of $30,211 effective on July 9, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 92 Page 42 01-0918-ss0907.txt Appointment Complaint Clerk (Max) (Cit. Svs.) (Item No. 2-C.C.P. Sept. 4, 200 1) That Communication 2, Sept. 4, 2001 be received and filed and the provisional appointment of Jill White stated above at the maximum salary of $26,505 effective on July 9, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 93 Appointment Principal Accountant (Inter) (Compt.) (Item No. 19-C.C.P. Sept. 4, 200 1) That Communication 19, Sept. 4, 2001 be received and filed and the temporary appointment of Albert J. Renzoni stated above at the intermediate salary of $49,327 effective on July 30, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 94 Appointment Sr. Account Clerk-Steno. (Inter) (Assess.aax.) (Item No. 4 1 -C.C.P. Sept. 4, 200 1) That Communication 4 1, Sept. 4, 2001 be received and filed and the provisional appointment of Rhonda J. Zloty stated above at the intermediate salary of $28,809 effective on July 27, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 95 Appointment Laborer 11 (Max) (PW) (Item No. 65-C.C.P. Sept. 4, 2001) That Communication 65, Sept. 4, 2001 be received and filed and the permanent appointment of David M. Taylor stated above at the maximum salary of $25,480 effective on July 20, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 96 Appointment Truck Driver (Inter) (PW) (Item No. 66-C.C.P. Sept. 4, 200 1) That Communication 66, Sept. 4, 2001 be received and filed and the permanent promotion of Joseph Ansel stated above at the intermediate salary of $27,593 effective, on July 9, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 97 Appt.-Detective (Perm.) (Max) (Pol.) (CCP#69-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 98 Appt. -Detective (Perm. Cont,) (Max) (Pol.) Page 43 01-0918-ss0907.txt (CCP#70-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 99 Appt.-Police Captain (Perm.) (Max) (Pol.) (CCP#71-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 100 Appt.-Police Captain (Perm. Cont.) (Max) (Pol.) (CCP#72-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 101 Appt.-Police Inspector (Perm.) (Max) (Pol.) (CCP#73-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No.102 Appt. -Police Inspector (Perm. Cont.) (Max) (Pol.) (CCP#74-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 103 Appt.-Police Lieutenant (Perin.) (Max) (Pol.) (CCP#75-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 104 Appt.-Police Lieutenant (Perm. Cont.) (Max) (Pol.) (CCP#76-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 105 Appointment Public Safety Dispatcher (Inter) (Pol.) (Item No. 77-C.C.P. Sept. 4, 200 1) That Communication 77, Sept. 4, 2001 be received and filed and the permanent appointment of Timothy J. Strunk stated above at the intermediate salary of $26,779 effective on August 6, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 106 Appt.-Fire Lt. (Perm.) (Max) (Fire) (CCP#81-Sept. 4, 01) That the above item be and the same hereby is received and Page 44 01-0918-ss0907.txt filed. ADOPTED No. 107 Appt.-Fire Lt. (Perm. Cont.) (Max) (Fire) (CCP#82-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 108 Appointment Combustion Inspector (Max) (Perm./Insp.) (Item No. 102-C.C.P. Sept. 4, 200 1) That Communication 102, Sept. 4, 2001 be received and filed and the provisional appointment of John A. Loughran stated above at the maximum salary of $42,289 effective on July 31, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 109 Appointment Associate Account Clerk (Max) (A&F) (Item No. 104-C.C.P. Sept. 4, 200 1) That Communication 104, Sept. 4, 2001 be received and filed and the permanent promotion of Lisa Capeli stated above at the maximum salary of $32,263 effective on August 6, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 110 Appointment Associate Mgmt. Analyst (Inter) (A&F) (Item No. 105-C.C.P. Sept. 4, 200 1) That Communication 105, Sept. 4, 2001 be received and filed and the provisional promotion of Charles A. Leone stated above at the intermediate salary of $52,403 effective on July 27, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No.111 Appointment Jr. Data Control Clerk (Max) (A&F) (Item No. 106-C.C.P. Sept. 4, 200 1) That Communication 106, Sept. 4, 2001 be received and filed and the permanent appointment of Maria Hernandez stated above at the maximum salary of $27,120 effective on August 23, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 112 Paralegal Assistant (Max) (A&F) (Item No. 107-C.C.P. Sept. 4, 200 1) That Communication 107, Sept. 4, 2001 be received and filed and the provisional appointment of Patrick K. 11'"'In stated above at the maximum salary of $38,094 effective on July 17, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 Page 45 01-0918-ss0907.txt No. 113 Appointment Teller (Inter) (A&F) (Item No. 108-C.C.P. Sept. 4, 200 1) That Communication 108, Sept. 4, 2001 be received and filed and the permanent appointment of Joelle Cash stated above at the maximum salary of $27,140 effective on August 6, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 114 Appointment Tow Truck Operator (Max) (A&F) (Item No. 109-C.C.P. Sept. 4, 200 1) That Communication 109, Sept. 4, 2001 be received and filed and the provisional appointment of Jerry Rowe stated above at the maximum salary of $27,224 effective on August 7, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 115 Appointment Sr. Cit. Specialist Supv. (Inter) (Com. Svs.) (Item No. I I O-C.C.P. Sept. 4, 200 1) That Communication 110, Sept. 4, 2001 be received and filed and the provisional promotion of Gail Marino stated above at the intermediate salary of $30,416 effective on August 6, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 116 Req. Immediate Hiring-Residency Investigator (CCP#179-July 10, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 117 Notices of Appts. -Temp./Prov. /Perm. (C. Clk.) (CCP#98-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 118 Notices of Appts. -Temp. /Prov./Perm. (C. Clk.) (CCP#123-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 119 Ordinance Amendment - Chapter 35 - Personnel Policies (Item No. 186, C. C.P., Sept. 4, 200 1) That the Ordinance Amendment as contained in Item No. 186, C.C.P., September 4, 2001, be and the same hereby is approved. Passed AYES - 13 - NOES - 0 Page 46 01-0918-ss0907.txt No. 120 K. Wachowicz & O-Supp. Seasonal Emp. Wage Incr. - Lifeguards, etc. (CCP#160-Sept. 4, 01) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 121 Selling of Capital Bonds for Masten District Proposals (161, 12/26) (CCP#132-Apr. 17, 01) That the above item be and the same hereby is referred to the Committee of the Whole. ADOPTED NO. 122 Compt. Resp.-Sell. Cap. Bonds-Mast. Dist. Proj. (Compt.) (#133,4/17)(#20,1/23) That the above item be and the same hereby is referred to the Committee of the hole. ADOPTED No. 123 Renew Lease - Community Grief Center of WNY, Inc. - 2193 South Park Avenue (Item No. 12, C. C.P., July 24, 200 1) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and the Community Grief Center of WNY, Inc., for use of city-owned property located at former School #29 located at 2193 South Park Avenue, Room I I I -B, for an additional one (1) year period to commence on June 15, 2001 and expire June 14, 2002, under the same terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Passed. AYES - 13 - NOES - 0 No. 124 Lease - Former Precinct #6 - Geneva B. Scruggs - 1446 Main Street (Item No. 8, C.C.P., Sept. 4, 2001) That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the City and the Geneva B. Scruggs Intermediate Care Facility, Inc., for use of city-owned property located at 1446 Main Street (former Precinct #6), for a three (3) year period, 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. 125 Results of Negotiations - 411 Best Street (Item No. 11, C.C.P., Jan. 23, 2001) That the offer from Mr. Chris Greene Attorney at Law, Damon & Page 47 01-0918-ss0907.txt Morey, LLP on behalf of MDH Company, Inc., 5982 Seufert Road, Orchard Park, New York, in the sum of One Thousand and Fifty Dollars ($1,050.00) for the sale of 411 Best Street, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser-, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No. 126 Results of Negotiations - 135 Krettner Street (Item No. 9, C. C.P., Sep 4, 200 1) That the offer from Ms. Hattie Goodman, residing at 131 Krettner Street, in the sum of Seven Hundred and Fifty Dollars ($750.00) for the sale of 135 Krettner Street, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No. 127 Results of Negotiations - 45 Providence Street (Item No. 10, C. C.P., Sep. 4, 200 1) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 128 Results of Negotiations - 253 Seventh Street (Item No. 11, C. C.P., Sep. 4, 200 1) That the offer from Mr. Allen P. Spaulding, Jr., residing at 8 College Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 253 Seventh Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No. 129 Martin Luther King Jr. Park Pool - Change Order (Item No. 52, C.C.P., July 24, 2001) That the above item be and the same hereby is referred o the Committee of the Whole ADOPTED Page 48 01-0918-ss0907.txt No. 130 CAO-Incorrect CaIc.-Fees-Flat Water/Sewer Svs.-427 Wohlers (CP) (CCP#32-June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 131 J. Campalong-CAO-Inc, Calc.-Fees-Flat Water/Sewer Svs.-427 Wholers (CCP#93-June 26, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 132 J. Campalong-CAO-Inc. Calc.-Fees-Flat Water/Sewer Svs.-427 Wholers (CCP#75-July 10, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 133 C. Fisher-M. Wooten-Complaints-User Fee (CCP#102-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 134 C. Fisher-M. Wooten-Complaints-User Fee (PW) (CCP#57-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 135 C. Fisher-M. Wooten-User Fee Complaint (Law) (CCP#85-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 136 Rescind Price Increase for Council Parking Spots Item No. 180, C.C.P., Sept. 4, 2001) That this Common Council requests that the Buffalo Civic Auto Ramps, Inc. immediately rescind the increase in parking fees for the fiscal year 2001-2002 in order to provide an opportunity in which this issue can be addressed in full detail with all interested parties. Adopted Community Development (Beverly A. Gray, Chairperson) No. 137 New Bflo. River Open Space Corridor Amendment (Mayor) (CCP#2-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 138 Buffalo River Greenway (Item No. 149, C. C.P., Feb. 6, 200 1) Page 49 01-0918-ss0907.txt That the Buffalo Common Council requests the Commissioner of Strategic Planning to convene a meeting with the Friends of the Buffalo River, the Corporation Counsel and Councilmembers, to work through any details that need to be addressed prior to the Corporation Counsel drafting and filing a 100 foot setback ordinance for the buffalo River corridor; and That this Council reaffirms it earlier pledge to refer any agenda items related to property within 500 feet of the Buffalo River to the Friends of the Buffalo River for their comments, before taking ion on those items; and That this Council requests the Office of Strategic Planning to draft and file a plan converting current paper streets that abut the River to neighborhood public access corridors to the River. Adopted No. 139 One Hundred Foot Setback/Waterfront Dev. (Hrg.6/22)(#1 18,11/30)(#133,6/29)(#132,3/23) (CCP#135-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 140 L. Schneekloth, 100' Setback Ordinance-Buffalo River (CCP#94-June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 141 Transfer of Title, Urban Homestead - 206 Goodyear Street (Item No. 13, C.C.P., Sept. 4, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned property commonly known as 206 Goodyear Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Ray Miller, residing at 208 Goodyear Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 No. 142 Transfer of Title, Urban Homestead - 206 Koons Avenue (Item No. 14, C. C.P., Sept. 4, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned property commonly known as 206 Koons Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Patricia A. Bulera, residing at 212 Koons Avenue, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the conditi6ii the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 Page 50 01-0918-ss0907.txt No. 143 Transfer of Title, Urban Homestead - I I and 15 Sherwood Street (Item No. 13, C. C.P., July 24, 200 1) That the city-owned properties commonly known as I I and 15 Sherwood Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute deeds transferring said properties to Albert Baez, residing at 266 Hampshire Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 No. 144 Transfer of Title, Urban Homestead - 745 Sycamore Street (Item No. 14, C.C.P., July 24, 200 1) That the city-owned property commonly known as 745 Sycamore Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute deeds transferring said properties to Percy J. Mitchell, residing at 741 Sycamore Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 No. 145 Transfer of Title, Urban Homestead - 106 Titus Street (Item No. 15, C.C.P., Sept. 4, 200 1) Ms. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED No. 146 Transfer of Title, Urban Homestead - 65 and 69 Townsend Street (Item No. 16, C. C.P., Sept. 4, 200 1) Ms. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED No. 147 Transfer of Title, Urban Homestead - 81 Zenner Street (Item No. 18, C.C.P., Sept. 4, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the city-owned property commonly known as 81 Zenner Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized-to execute a deed transferring said property to Mr. Michael Prewitt, residing at 83 Zenner Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 Page 51 01-0918-ss0907.txt No. 148 C. Fisher-D. Dihaan-Req. Assist. - 13 80, 82 & 89 Jefferson Ave. (CCP#84-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 149 D.Dihaan-Req. Assist. - 1380 Jefferson (PW) (CCP#32-May 15, 01) That the above item be and the same hereby is received and filed, ADOPTED No. 150 Redevelopment of Ellicott Houses (Item No. 18 1, C.C.P., Sept. 4, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That this Common Council hereby approves the demolition and redevelopment of the East Phase and the West Phase of the Ellicott Houses Overall Project as described' ~_ and That this Common Council hereby approves the ground lease of the East Phase Parcel and the ground lease of the West Phase as described herein; and That this Common Council hereby authorizes the issuance of a Certificate of Completion pursuant to Article III, Section 8 of the Land Disposition Agreement, to the extent that such certificate has not been issued; and That this Common Council hereby approves the termination of the Land Disposition Agreement in its entirety; and That this Common Council confirms that the Current Exemption is valid and shall continue during and subsequent to the redevelopment of the Overall Project, so long as the Urban Development Corporation mortgage loan, as it may be modified, bifurcated, and assigned, remains outstanding; and That this Common Council hereby approves a) the redevelopment of the: East Phase as to conformity with the provisions and purposes of Public Housing Finance Law (PBFL) Article XI, b) the tax exemption pursuant to PHFL Section 577 as to the East Phase Parcel, but only to the extent that the Current Exemption terminates, is no longer valid, or does not apply, c) the tax exemption interest to a Housing Development Fund Company formed pursuant to PBFL Article XI, but only to the extent that the Current Exemption terminates, is no longer valid, or does not apply and d) if and to the extent that the Current Exemption terminates, is no longer valid, or does not apply, a Payment in Lieu of Taxes Agreement for the East Phase Parcel and/or the West Phase Parcel, as applicable, consistent with the City's standard low-income housing real property tax exemption policy. Adopted LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 151 G. WOOLEY, PETITION TO USE 711 CITY LINE SOUTH - SCRAP METAL STAGING AREA (ITEM NO. 113, C.C.P., JULY 24, 2001) Page 52 01-0918-ss0907.txt That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 152 BFLO. FUEL CORP.-USE 711 CITY LINE SO.-SCRAP MET. STAG. AREA (RAIL YRD.)(PL. BD.) (CCP#4-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 YIN YONG YANG, PETITION TO USE 2262 SENECA - SIT-IN RESTAURANT (ITEM NO. 114, C.C.P., JULY 24, 2001) That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of Yin Yong Yang, owner, for permission to use 2262 Seneca Street for a sit-in restaurant be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 154 X. YONG YANG, OWNER, USE 2262 SENECA-SIT IN REST. (PLAN. BD.) (CCP#7-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 P. STRADA, PETITION TO USE 2221 ELMWOOD AVENUE - ILLUMINATED POLE SIGN (ITEM NO. 153, C.C.P., SEPT. 4, 2001) That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of P. Strada, owner, for permission to use 2221 Elmwood Avenue for an illuminated pole sign be, and hereby is approved on the condition that landscaping be provided. PASSED AYES -13 NOES - 0 NO. 156 2221 ELMWOOD AVE., LLC-USE 2221 ELEMWOOD-POLE SIGN (PLAN. BD.) (CCP#6-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 G. OGILVIE, AGENT TO USE 364 BARAGA - POLE SIGN (ITEM NO. 154, C.C.P., SEPT. 4,2001) That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of G. Ogilvie, owner, for permission to use 364 Baraga for a pole sign be, and hereby is approved. PASSED AYES -13 NOES - 0 Page 53 01-0918-ss0907.txt NO. 158 AUTH. TO INSTALL SIGN-BUFFALO STEEL (CCP#218-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 FEINE REALTY-USE 364 BARAGA ST.-MONUMENT SIGN (PLAN. BD) (CCP #3-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 B. BAURNKER, AGENT TO USE 1263 DELAWARE AVENUE - ILLUMINATED GROUND SIGN (ITEM NO. 15 5, C. C.P., SEPT. 4, 200 1) That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of B. Baurnker, agent, for permission to use 1263 Delaware Avenue for an illuminated ground sign be, and hereby is approved on the conditions that landscaping be provided and the Zoning Board of Appeals approval as granted. PASSED AYES -13 NOES - 0 NO. 161 B. O'CONNELL, PETITION TO USE 10 KATHERINE - WAREHOUSE ADDITION (ITEM NO. 15 6, C. C.P., SEPT. 4, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of B. O'Connell, agent, for permission to use 10 Katherine for a warehouse addition be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 162 G. FERRARA, PETITION TO USE 32 HERTEL AVENUE - PLACEMENT OF 6 ANTENNAS ON BUILDING (ITEM NO. 157, C.C.P., SEPT. 4,2001) That after the public hearing before the Committee on Legislation on September 17, 2001, the petition of G. Ferrara, agent, for permission to use 32 Hertel Avenue for placement of six (6) antennas on the building be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 163 L. WASIELEWSKI, PETITION TO USE 60 TITUS A/K/A 62 TITUS - HUMAN SERVICE FACILITY (ITEM NO. 158, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on Page 54 01-0918-ss0907.txt September 17, 2001, the petition of L. Wasielewski, agent, for permission to use 60 Titus a/k/a 62 Titus for a human services be , and hereby is approved with the condition that Fillmore District residents will be first considered for any employment opportunities. PASSED AYES -13 NOES - 0 NO. 164 ORDINANCE AMENDMENT - CHAPTER 167 - ELEVATORS (ITEM NO. 167, C.C.P., SEPT. 4, 2001) That after a public hearing on September 17, 2001, the Ordinance Amendment as contained in Item No. 167, C.C.P., September 4, 2001, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 165 NOTIF SERIALS #9297-9T3O5 (#21, 7/10) (CCP#160-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 VEHICULAR TRAFFIC WEIGHT LIMITS (ITEM NO. 213, C. C.P., JUNE 26, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the Common Council of the City of Buffalo requests the Department of Public Works to install signs on Mesmer Avenue restricting vehicles in excess of five tons from using the street and re-routing the traffic to a more appropriate location; and That the Department of Public Works, Parks and Streets is hereby directed to install such signage as soon as possible to avoid a conflict with the planned re-paving; and Tat the Department of Public Works, Parks and Streets file the expected timeline for the installation of the signage. ADOPTED NO. 167 REQ. FOR PUBLIC HRG.-PAY PHONES (HRG. 7/16) (CCP#218-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 SIDEWALK CAFE - 47 MOHAWK STREET (ITEM NO. 5 1, C. C.P., JUNE 26, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Peter Perrone, owner of the Mohawk Place Bar, located at 47 Mohawk Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 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 Page 55 01-0918-ss0907.txt plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed thirty-two feet (32') 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 caf‚ 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. 169 SIDEWALK CAFE - 199 DELAWARE AVENUE (ITEM NO. 33, C.C.P., JULY 10, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Antonio Ferro, owner of the Queen City Lounge, located at 199 Delaware Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1. 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 thirty-four feet (34') in length or extend more than nine feet (9') 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 caf‚ 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 Page 56 01-0918-ss0907.txt 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. 170 A. FERRO-USE 199 DELAWARE-OUTDOOR CAF6 (PLAN BD.) (CCP# 5-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 SIDEWALK CAFE - 70 WEST CHIPPEWA STREET (ITEM NO. 13 9, C. C.P., SEPT. 4, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Cliff Jones, owner of The Reservoir, located at 70 West Chippewa Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 .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 no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 4.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 5.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 caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 6.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. 7.That no outside music is provided on the sidewalk cafl6. 8.That no outside trash is allowed on the sidewalk caf6. 9.That the sidewalk cafe must close at 12:00 midnight on weekdays and 1:00 a.m. on weekends. 10. That there must be four (4) feet of unobstructed vertical space over the sidewalk after the construction of the railing. PASSED AYES -13 NOES - 0 NO. 172 SECONDHAND DEALER - 464 AMHERST (ITEM NO. 94, C. C.P., SEPT. 4, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Deater license Page 57 01-0918-ss0907.txt to Howard Bookmiller, d/b/a Howie's Appliance located at 464 Amherst. PASSED AYES -13 NOES - 0 NO. 173 SECONDHAND DEALER - 472 GRANT STREET (ITEM NO. 80, C. C.P., JULY 24, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Richard Adelman, d/b/a E. H. Brink Co., Inc., located at 472 Grant Street. PASSED AYES -13 NOES - 0 NO. 174 SECONDHAND DEALER - 1446 HERTEL AVENUE (ITEM NO. 95, C. C.P., SEPT. 4, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Gregory Schwartz, d/b/a Mixed Nuts Inc., located at 1446 Hertel Avenue. PASSED AYES -13 NOES - 0 NO. 175 USED CAR DEALER LICENSE - 1322 BAILEY AVENUE (ITEM NO. 8 1, C. C.P., JULY 24, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Daniel Hanna, d/b/a Hanna's T & A, located at 1322 Bailey Avenue. PASSED AYES -13 NOES - 0 NO. 176 USED CAR DEALER - 181 DELAWARE AVENUE (ITEM NO. 56, C.C.P., MAY 15, 200 1) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 177 USED CAR DEALER - 2227 ELMWOOD AVENUE (ITEM NO. 82, C.C.P., JULY 24, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Pasquale Sarcinelli d/b/a E-Z Loan Auto Sales, located at 2227 Elmwood Avenue. PASSED AYES -13 NOES - 0 NO. 178 USED CAR DEALER - 622 JEFFERSON AVENUE (ITEM NO. 55, C.C.P., JULY 10, 2001) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License-to Patricia Harwell d/b/a The New Clean & Serene Auto Sales, Page 58 01-0918-ss0907.txt located at 622 Jefferson Avenue. PASSED AYES -13 NOES - 0 NO. 179 USED CAR DEALER - 1512 MAIN STREET (ITEM NO. 97, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 180 USED CAR DEALER - 2198 SOUTH PARK AVENUE (ITEM NO. 98, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Douglas Schratt, d/b/a Douglas Motor Car located at 2198 South Park Avenue with a maximum of five (5) vehicles and no junk vehicles on display on the property. PASSED AYES -13 NOES - 0 NO. 181 USED CAR DEALER LICENSE - 411 WALDEN AVENUE (ITEM NO. 99, C. C.P., SEPT. 4, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Peter Rybinski, d/b/a A & L Motors, located at 411 Walden Avenue. PASSED AYES -13 NOES - 0 NO. 182 B. WILLIAMS-M. JOHNSON/0-FRED. DOUG. TOW.-REQ. URB. LEAG. REM.-234JEFF (CCP# 110-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 B. WILLIAMS-M. JOHNSON/0-FRED. DOUG. TOW.-REQ. URB. LEAG. REM. (BMHA) (CCP#87-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 PARK REPAIRS (CCP#234-JUNE 12, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 185 Page 59 01-0918-ss0907.txt A. THOMPSON-SOLAR INGRAM-COB YOUTH AGENDA (CCP#95-JUNE 12, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 186 A. THOMPSON & 0- PETITION-SOLAR INGRAM-REQ. URBAN GROUND MON. (CCP#103-JUNE 12, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 187 EFFORTS-CURTAIL HOMICIDE RATE-COB (CCP#177-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 188 EFFORTS-CURTAIL HOMICIDE RATE (POL) (CCP#70-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 METROPOLITAN MEDICAL RESPONSE SYSTEM PLAN - PROJECT COORDINATOR AGREEMENT (ITEM NO. 5, C. C.P., JULY 24, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Mayor be, and he hereby is authorized to execute the Metropolitan Medical Response System Plan -Project Coordinator Agreement. Passed AYES-13. NOES-0. NO. 190 FUHRMAN BOULEVARD - NFTA BOAT HARBOR BEACH PROJECT (ENCROACHMENT) (ITEM NO. 58, C.C.P., SEPT. 4,2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby iv: authorized to issue a "mere license" to Greg Hewitt, P.E., of DiDonato Associates, acting as agent for the Niagara Frontier Transportation Authority, to install wooden posts, which would encroach city right-of-way on the west side of Fuhrman Boulevard abutting the NFTA Boat Harbor Beach project, subject to the following conditions: 1. That the NFTA obtain any and all other City of Buffalo permits necessary for said installation. 2. That the wooden posts are installed exactly as shown on plans submitted to and approved by the City Engineer. 3. That the NFTA be responsible for maintenance of the wooden posts as long as they remain within City right-of-way. Including replacement of posts damaged or missing due to traffic accidents, snowplowing operations, and normal wear and tear. 4. That the City of Buffalo is indemnified and held harmless Page 60 01-0918-ss0907.txt by the NFTA against any and all loss or damage arising out of the installation, use and removal of said wooden posts, to the extent required by the Corporation Counsel. PASSED. AYES-13. NOES-0. NO. 191 HANDICAPPED RAMP - 907 EAST FERRY STREET (ITEM NO. 59, C.C.P., SEPT. 4, 2001) 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 Mr. Brian Cook, of Stieglitz Snyder Architecture, acting as an agent for the Stepping Stone Academy, a new Charter School located at 907 East Ferry Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Permits & Inspection Services. 3. That the handicap ramp be constructed as not to be permanent nature. 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 ramp. PASSED. AYES-13. NOES-0. RESOLUTIONS NO. 192 By: Mr. Bonifacio SUPPORT CITY OF BUFFALO'S ENVIRONMENTAL PROTECTION FUND URBAN WATERFRONT REDISCOVERY APPLICATION FOR FOOT OF PORTER OBSERVATION POINT PROJECT Whereas: The City of Buffalo has submitted an Environmental Protection Fund (EPF) Urban Waterfront Rediscovery application for state assistance in the amount of $257,550 for the foot of Porter Avenue overlook, and Whereas: This Urban Waterfront Rediscovery Project will refurbish public access points to the City of Buffalo's waterfront through the creation and development of a number of measures, including an attractive observation deck; land Whereas: This project will take greater advantage of the natural surroundings of this area by affording users improved views, fishing opportunities, and overall access to the waterfront, Buffalo's greatest natural resource; and Now, Therefore Be It Resolved: That the Common Council supports the City of Buffalo's Environmental Protection Fund Urban Waterfront Rediscovery application, and Be It Further Resolved: Page 61 01-0918-ss0907.txt That a certified copy of this resolution be submitted in support of the City of Buffalo's application. ADOPTED. NO. 193 By: Mr. Fontana APPOINTMENT OF LEGISLATIVE ASSISTANT Whereas: Cynthia Yaeger has resigned from her position as Legislative Assistant effective at close of business on August 31, 2001; and Whereas: Council Member Fontana has appointed as Legislative Assistant David S. Blidy 48 St.Clair Street Buffalo, N.Y. 14204 to take effect as of September 12, 2001. ADOPTED NO. 194 By: Mr. Golombek WAIVE PERMIT FEES - BUFFALO CROP HUNGER WALK Whereas: On Sunday, October 21", 2001, many local food pantries, block clubs, and neighborhood organizations will participate in the Buffalo Crop Hunger Walk to join the fight to end hunger; and Whereas: Around the world more than a billion people struggle every day to feed themselves and their families, and in some cases go for days at a time between meals; and Whereas: A portion of the money raised at the Crop Walk will provide assistance for people in need in Buffalo, with the remaining being sent to international hunger fighting agencies; and Whereas: Participants throughout the City of Buffalo will be following a variety of routes; and Whereas: The walk routes will involve the use of sidewalks and not require any street closings, and Whereas: The City of Buffalo has waived the parade permit fee in the past, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives the permit fees associated with the Buffalo Crop Hunger Walk to be held on October21st, 2001. PASSED. AYES-13. NOES-0. NO. 195 By: Mr. Golombek INCREASE NUMBER OF K-9S TRAINED TO DETECT EXPLOSIVES Whereas: On Tuesday September 11th 2001, terrorists attacked several sites in the United States killing thousands and forever diminishing the sense of security inherent to most American citizens, and Whereas: In the days following the attacks the Buffalo metropolitan area fell. victim to numerous bomb threats, spreading out the resources of the organizations tasked to properly search and clear the sites of the bomb threats, Municipalities that might have faced simultaneous bomb threats within their boundaries could have been unable receive assistance to address such threats, and Whereas: The residents of the City of Buffalo have raised serious concerns regarding the City of Buffalo's ability to adequately to address simultaneous bomb threats Page 62 01-0918-ss0907.txt within the city limits. Therefore Be It Resolved: That this Honorable Body recognizes that new age of terrorism has begun, and Be It Finally Resolved: That, in no uncertain terms, this Common Council holds the safety of the citizens of the City of Buffalo as its highest priority. In order to respond to simultaneous bomb threats we hereby request that the Buffalo Police Department initiate immediate action to increase its number of K-9s trained to detect explosives. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 196 By: Mr. Golombek TRANSFER PORTION OF KENMORE AVENUE TO ERIE COUNTY Whereas: Detached from the bulk of its length is a small section of Kenmore Avenue, between Military Road and Vulcan Avenue, that serves as the border between the City of Buffalo and the Town of Tonawanda. Maintenance responsibilities on this section are divided between Erie County for the Town of Tonawanda side of the street and the City of Buffalo on the other side, and Whereas: Located on the Town of Tonawanda side of the intersection of Vulcan and Kenmore Avenues is a newly opened Charter School. More than half of the students at this school are City of Buffalo children, and Whereas: This division of maintenance responsibilities causes constant inequities in routine maintenance such as snow plowing and pothole patching. The division has also made it problematic in planning the necessary improvements to Kenmore Avenue to ensure safe access to the school for City of Buffalo children, and Whereas: The Erie County Legislator that represents this area has indicated a favorable position towards having the County of Erie assume maintenance responsibilities for the full width of this section of Kenmore Avenue should the City of Buffalo request such an action. Therefore Be It Resolved: That this Honorable Body requests the Department of Public Works and the City of Buffalo Corporation Counsel to file a response to this resolution in the City Clerk's Office by Thursday September 27th at 2:00 P.M., and Be It Finally Resolved: That this Common Council moves to allow the County of Erie to assume maintenance responsibilities of west side of Kenmore Avenue between Military Road and Vulcan Avenue. REFERRED TO THE SPECIAL COMMITTEE ON REGIONAL GOVERNANCE NO. 197 BY: MS. GRAY ESTABLISH A SWIMMING BEACH IN BUFFALO AT A CENTRAL LOCATION Whereas: The establishment of the new Buffalo Beach south of the Small Boat Harbor is a great achievement that this Council has fully supported, and this Council commends Page 63 01-0918-ss0907.txt Assemblyman Brian M. Higgins for taking the lead on the Buffalo Beach effort; and Whereas: In a City with over 50 miles of total waterfront, it is a sign of poor planning and a lack of environmental stewardship that Buffalo had remained bereft of any sanctioned beaches; and Whereas: While the Buffalo Beach is a positive step in addressing the problem of waterfront access, it is not clear that swimming will be sanctioned at this beach, and because it is at the southeast comer of the City, it is not easily accessible for many City residents; and Whereas: The citizens of Buffalo deserve, as their birthright in a waterfront city, a fully accessible waterfront, with many conveniently located options for swimming and enjoying the water; and Whereas: It is time to stop envying Chicago and other cities that have maintained or restored natural shorelines where citizens can swim and stroll at the water's edge; and it is time to start creating more such spaces in the City of Buffalo; Now, Therefore, Be It Resolved That: This Common Council requests the Office of Strategic Planning to develop a plan for identifying three (3) potential sites for new beaches along the Buffalo waterfront, and to file a report with this Council by Thursday, October 11, 2001 on the potential costs and proposed process for identifying and evaluating the 3 sites; and Be It Further Resolved That: This Council further requests the Office of Strategic Planning to include in their report a re-examination of the LaSalle Park Master Plan for the potential to site a swimming beach coupled with a breakwall to mitigate currents at the former boat launch at the southern end of the Park, or to site a swimming beach at the shallow area off the Park located near the Band Shell. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND STRATEGIC PLANNING NO. 198 By: Mmes. Gray and Miller-Williams ESTABLISHING A SETBACK ON NEW WATERFRONT DEVELOPMENTS Whereas: At its September 4, 2001 meeting, this Council approved item #207, an ordinance that establishes a 100 foot setback for developments along the Buffalo River east of Ohio Street; and Whereas: A 25 foot setback requirement remains in effect from the mouth of the River to Ohio Street; and Whereas: For the rest of the Buffalo waterfront, an open shoreline is not assured by local ordinance, but may be negotiated for through the State Environmental Quality Review Act (SEQRA) process, the restricted use permit process required by the City's Buffalo and Niagara Coastal Zone ordinances, and the process of forming development plans for specific projects; and Whereas: In addition, City ownership of many waterfront properties, and a City policy that calls for retaining a public access easement of up to 100 feet when City waterfront land is sold, are both tools for keeping an open shoreline along much of the waterfront; and Whereas: However, the lack of a clear setback requirement for most of the City's waterfront is disturbing, particularly in light of proposed new developments for the Erie Basin, an area where previously built structures have rendered access Page 64 01-0918-ss0907.txt to the water's edge a strictly private right; and Whereas: The Friends of the Buffalo and Niagara Rivers, who successfully advocated for the recent 100 foot setback for the Buffalo River, have offered to research and propose policies that may be effective in balancing open space and development considerations for the rest of Buffalo's waterfront; and Whereas: While this is a welcome offer, protections for developments that will occur in the meantime are in order; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to file a report outlining the Council's powers, options and opportunities to require a setback for any new developments on the Buffalo waterfront, with particular attention to planned and proposed housing and restaurant developments in the Erie Basin; and Be It Further Resolved That: This Council hereby informs the Office of Strategic Planning, the Department of Public Works and the Department of Permits and Licenses of its intention to require an open setback from the water's edge for all new projects along Buffalo's waterfront, and requests these entities to negotiate such a setback with input from the Council at the earliest possible time in the development of new and pending waterfront projects. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, THE DIRECTOR OF LICENSES AND THE COMMISSIONER OF PERMITS AND INSPECTION SERVICES NO. 199 By: Mrs. Grant TRANSFER OF FUNDS NYSP&FRS 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 $632,000 be and the same is hereby transferred from NYS Police & Fire Pension Contribution and said sum is hereby reappropriated as set forth below: Fro m: Fringe Benefits 17303002-423002 NYS Police & Fire Pension Contribution $632.000 T o: Public Works, Parks & Streets 15030001-411001 Cleaning Streets & Snow Removal - Salaries $632,000 We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant of Section 24-15 the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Michael B. Risman Corporation Counsel Page 65 01-0918-ss0907.txt PASSED. AYES-13. NOES-0. NO. 200 By: Mrs. Grant TRANSFER OF FUNDS-PUBLIC WORKS, PARKS & STREETS FIRE 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 $37,000 be and the same is hereby transferred from Public Works, Parks & Streets and said sum is hereby reappropriated as set forth below: From : 13296007-490000 O&M Pub Bldgs CO Freeze $37,000 To: 12131007-474100 Fire Administrative CO Equipment $37,000 PASSED. AYES-13. NOES-0. NO. 201 By: Mrs. LoTempio & Mr. Fontana WAIVE LICENSE AND PERMIT FEES - HABITAT FOR HUMANITY Whereas: Habitat for Humanity has a stellar reputation as a not-for-profit housing organization; and Whereas: Their volunteer work force continues to rehab older houses and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City, all the while strengthening our communities; and Whereas: Ninety-six cents of every dollar Habitat for Humanity spends is strictly directed to construction expenses; and Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City waive all license permit fees for 2001-2002; and Whereas: The City of Buffalo, especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City's neighborhoods; Now, Therefore Be It Resolved That: This Common Council Waive all 2001-2002 housing and construction license and permit fees for Habitat of Humanity of Buffalo in order to promote the goal of increasing home ownership. PASSED. AYES-13. NOES-0. NO. 202 By: Ms. LoTempio & All Councilmembers COMPENSATION FOR CITY OF BUFFALO EMPLOYEES ASSISTING IN NYC Whereas: On Tuesday, September 11, 2001, the Cities of New York and Washington, DC, suffered a horribly tragedy when commercial airplanes, hijacked by terrorists, struck the World Trade Center and the Pentagon; and Whereas: In addition to the immeasurable amount of Page 66 01-0918-ss0907.txt damage done to these landmarks, as well as the buildings surrounding them, the loss of human life was horrific and its full extent has yet to be tallied; and Whereas: Due to the great number of persons injured, missing, or dead, New York City has requested additional personnel from all over the United States, of various backgrounds, to help with their efforts; and Whereas: Personnel are needed to assist with various duties including: rescue, recovery, clean-up, medical treatment, and counseling; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby authorize that any City of Buffalo Employee requested by the City of Buffalo, Military Personnel, or the Red Cross to assist in the recovery efforts in New York City, shall receive their regular salary by the City of Buffalo for the time spent on the recovery effort; and Be It Further Resolved: That this Honorable Body does authorize that the time spent in New York City assisting in the recovery effort shall have no adverse effect on the individuals personal, sick, vacation, or compensation time or their ability to accrue such time. PASSED. AYES-13. NOES-0. NO. 203 By: Mrs. Martino WAIVE FEES FOR CAZENOVIA PARK AND CASINO Whereas: On October 30, 2001 from 6:00 p.m. to 10:00 p.m. the South Buffalo Block Club will host their Third Annual Haunted Hayride at Cazenovia Park, and Whereas: The South Buffalo Block Club will be using the Cazenovia Park and the Cazenovia Casino for the Hayride and to serve cider and doughnuts to the children; and Whereas: The South Buffalo Block Club is a non-profit group with a limited budget, and Whereas: To announce this special event, the South Buffalo Block Club is requesting that a waiver be granted for utilizing the Cazenovia Park and the Cazenovia Park Casino for their Third Annual Haunted Hayride. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives all fees associated with the use of the Cazenovla Park and Cazenovia Casino for the South Buffalo Block Club to hold their Third Annual Haunted Hayride on Tuesday October 30th 2001 from 6: 00 p. m. to 10: 00 p. m. PASSED. AYES-13. NOES-0. NO. 204 By: Mr. Thompson DISCHARGE FROM THE REGIONAL GOVERNANCE COMMITTEE - COM. #8, C.C.P. JULY 10, 2001 - "BUFFALO NIAGARA RENEWAL COMM." Whereas: Com.#8, C.C.P. July 10, 2001 - "Buffalo Niagara Renewal Comm." is presently before the Committee on Regional Governance; 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 Committee on Page 67 01-0918-ss0907.txt Regional Governance from further consideration of Com. #8, C.C.P. July 10, 2001 Buffalo Niagara Renewal Comm.", and said item is now before the Council. ADOPT DISCHARGE. That the above item be and the same hereby is approved. PASSED. AYES-13. NOES-0. NO. 205 By: Mr. Thompson PERMISSION TO DISPLAY BANNER Whereas: Antioch Baptist Church will hold its Churches anniversary from September to November 31, 2001; and Whereas: To promote the event the Antioch Baptist Church has requested permission to display a banner on Fillmore Street between Urban and North Parade Streets; and Whereas: The organizers would like to display the banner from September 19 to October 31, 2001 for the event; Now, Therefore, Be It Resolved: That this Common Council grant permission to the Antioch Baptist Church 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. 206 By: Mr. Thompson EMERGENCY PROCEDURES IN THE CITY OF BUFFALO Whereas: Each day of the week we run the risk of experiencing natural disasters, fires, and other types of emergencies; and Whereas: At a moments notice, as a city we must be prepared to implement emergency procedures to ensure the swift evacuation of all public and private buildings in the City of Buffalo. In emergencies, every second and minute may impact the safety and welfare of men, women, children, and animals; and Whereas: As a city, our children participate in fire drills throughout the school year. As adults. We must take greater steps to ensure our safety as well; and Whereas: Currently chapter 103, section 36 (A) of the city code indicates that institutional occupancies conduct fire drills every two months so that various personnel can become familiar with emergency duties; and Whereas: Many corporations, institutions, and levels of local government must take greater steps to ensure that in the event of an emergency that the lack of an OPERATIONAL AND FUNCTIONAL set of emergency procedures does not magnify a crisis; Now, Therefore, Be It Resolved: That the Committee on Legislation, Bureau of Fire Prevention, the Commissioner of the Buffalo Fire Department review City Hall and other public building evacuation and emergency procedures in the City of Buffalo; and Be it Further Resolved: The Commissioner of Fire and the Fire Prevention Bureau explore the possibility of training and designating volunteer fire marshals that could be assigned to each floor in public buildings (employees that would voluntarily serve); and Be it Further Resolved Page 68 01-0918-ss0907.txt That the Buffalo Niagara Partnership be asked to respond to this Common Council on how we can ensure that private building owners develop emergency procedures that could be practiced throughout the year (apartment building, sporting arenas, office building, factories, etc). Be it Finally Resolved: That the Committee on Legislation in collaboration with the Commissioner of Fire draft legislation that increases the penalties for bomb and other false alarms in the City of Buffalo. IST RESOLVE TO THE COMMITTEE ON LEGISLATION, 2ND RESOLVE TO DIRECTOR OF EMERGENCY PREPAREDNESS; AND FINAL 2 RESOLVES ARE ADOPTED. NO. 207 BY: MRS WILLIAMS SALARY ORDINANCE AMENDMENT 05 - DEPARTMENT OF LAW 1046 - LAW The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 11-Department of Administration and Finance, 1050 - Budget & Management, which currently reads: 2 Legal Secretary $ 27,773 - $ 32,263 Is hereby amended to read: 3 Legal Secretary $ 27,773 - $ 32,263 (This additional position contingent upon the leave of absence of Legal Stenographer, B. McAdams- Gray) IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. MICHAEL B. RISMAN CORPORATION COUNSEL, JAMES B. MILROY, DIRECTOR OF BUDGET, and we hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED. AYES-13. NOES-0. NO. 208 By: Mrs. Williams SALARY AND WAGE SCHEDULE "B" JULY 1, 2001 - JUNE 30, 2002 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35 - 9 of Chapter 35 of the Code of the City of Buffalo, relating to Page 69 01-0918-ss0907.txt Salary and Wage Schedule "B", AFSCME Local 264, is hereby amended to read as follows: This is to amend calculation errors of Salary and Wage Schedule "B" approved 09/015/01. See Attached Schedule "B"(Chart in City Clerk's Office) APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED. AYES-13. NOES-0. NO. 209 By Mrs. Williams FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Evangelical Baptist Church Day By Councilmembers Fontana, Pitts and City Clerk Michaux In Memoriam for All the Victims of the September 11, 2001 Terror By Councilmember Pitts ADOPTED. NO. 210 By:Mrs. Williams 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. NANCY M. HAGEN EUGENE N. GRECHOWIAK Total: 2 ADOPTED. NO. 211 By: Mrs. Williams 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 City. DAVID S. BLIDY CARL E. SZAREK MATTHEW W. BARRETT RENEE M. BINIECKI BARBARA ROSOWSKI TOTAL: 4 ADOPTED. NO. 212 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in Room 1417 City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Page 70 01-0918-ss0907.txt Committee on Civil Service Tuesday, Sept. 25, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, Sept. 25, 2001 following Civil Service Committee on Legislation Tuesday, Sept. 25, 2001 at 2:00 o'clock P.M. Committee on Community Development Wed., Sept. 26,2001 at 10:00o'clock P.M. Committee on Education Wed., Sept. 26, 2001 at 2:00 o'clock P.M. Special Committees Police Reorganization Thursday, Sept. 20, 2001 at 10:00 o'clock A.M. In Room 1417 City Hall Streets Services Monday, October 1, 2001 at 10:00 o'clock A.M. In Room 1417 City Hall (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore. unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 213 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 3:15 pm the Common Council now resolved into the Committee of the Whole. ADOPTED 214 RECONVENE COMMITTEE OF THE COMMITTEE OF THE WHOLE At 3:00 P.M., the Committee of the Whole reconvened with the following members present: Councilmembers Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, LoTempio, Martino, Pitts, Thompson, Williams - 12 , Absent: Gray -1 Seconded by CARRIED. NO. 215 RESOLVE INTO THE COMMON COUNCIL There being no further business before the Committee of the Whole, it was moved by Mrs. LoTempio,. seconded by Mrs. Martino, that the Committee of the Whole now resolve into the Common Council. CARRIED. NO. 216 DISCHARGE COMMITTEE OF THE WHOLE INTERFUND LOANS - VARIOUS PROJECTS (ITEM 25, CCP 9/18/01) Mrs. LoTempio moved that Whereas, the above item is currently tabled in the Committee of the Whole 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 Committee from further consideration of this item, and this item is now before the Page 71 01-0918-ss0907.txt Common Council for its consideration. Seconded by Mr. Fontana ADOPTED. NO. 217 INTERFUND LOANS FOR VARIOUS PROJECTS Over the last seven years, the City has provided interfund loans from the City General Fund to the City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have nine requests for money to finance projects and we will not reenter the bond market at this time. All the below listed projects are already on the active list of projects to be sold in the next bond sale. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $285,000 against the 2000-01 Bond Resolution for "Restoration of Symphony Circle Lighting". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $230,000 against the 2000-01 Bond Resolution for "Restoration of Richmond/Ferry Circle". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $350,000 against the 2000-01 Bond Resolution for "Reconstruction of Elmwood Avenue Phase V - Bryant to North". The Common Council approved this resolution on 12-12-2000. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 against the 2000-01 Bond Resolution for "Delaware Park Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 against the 2000-01 Bond Resolution for "Citywide Parks and Playground Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $450,000 against the 2000-01 Bond Resolution for "McCarthy Park Improvements". The Common Council approved this resolution on 06-20-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2000-01 Bond Resolution for "LaSalle Park Improvements. The Common Council approved this resolution on 06-20-2001. The loan Page 72 01-0918-ss0907.txt will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,000,000 against the 2000 Bond Resolution for "Improvements to City Parks and Playgrounds 2001". The Common Council approved this resolution on 06-21-2001. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $750,000 against the 1999-00 Bond Resolution for "Signal Improvements Various 1999-00". This resolution was approved by the Common Council on 12-28-1999. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromToAccount Repayment DateTotal 1000 General3000 Capital Projects36310806BAN/Bond Sale285,000 1000 General3000 Capital Projects36310906BAN/Bond Sale230,000 \1000 General3000 Capital Projects36311006BAN/Bond Sale350,000 1000 General3000 Capital Projects36400206BAN/Bond Sale200,000 1000 General3000 Capital Projects36400306BAN/Bond Sale200,000 1000 General3000 Capital Projects36400406BAN/Bond Sale450,000 1000 General3000 Capital Projects36400506BAN/Bond Sale500,000 1000 General3000 Capital Projects36400706BAN/Bond Sale1,000,000 1000 General3000 Capital Projects36311106BAN/Bond Sale750,000 Total Requests3,965,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $22,000,000 for City Projects during the Calendar Year 2002. Currently, there are twenty-two (22) City Projects with outstanding interfund loans totaling $7.448 million, not including these projects. There are currently $3,965,000 of interfund loan requests awaiting approval, including the requests listed herein. Approval of this resolution raises the total of interfund loans to $11,413,000. Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Attached is a listing of the outstanding interfund loans both requested and approved by Council. PASSED AYES -12 NOES - 0 NO. 218 DISCHARGE COMMITTEE OF THE WHOLE INTERFUND LOAN REQUESTS - VARIOUS PROJECTS (PW) (ITEM 36, CCP 9/18/01) Mrs. LoTempio moved that Whereas, the above item is currently tabled in the Committee of the Whole 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 Page 73 01-0918-ss0907.txt does hereby discharge the Committee from further consideration of this item, and this item is now before the Common Council for its consideration. Seconded by Mr. Coppola ADOPTED NO. 219 INTERFUND LOAN REQUESTS -VARIOUS PROJECTS Dear Mr. Nanula: In order for our department to move forward with various projects the following interfund loans are requested: The budget year and an estimated spending plan is noted for each project. The above requested loans total $9,090,000 and the only project which is federally reimbursed is #10 for traffic signal improvements city wide. If you have any questions please contact Daniel E. Kreuz, P.E. City Engineer directly at 851-5631. RECEIVED AND FILED NO. 220 DISCHARGE COMMITTEE OF WHOLE - SELL CAPITAL BONDS MASTEN DIST. PROPOSALS (ITEM 121 CCP 9/18/01) Whereas: The above item is currently in the Committee of the Whole,- 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 Committee of the Whole from further consideration of this item, and said item is now before the Council. Seconded by Mr. Thompson ADOPTED NO. 221 SELLING OF CAPTITAL BONDS FOR MASTEN DISTRICT PROPOSALS (161, 12/26) (CCP#132-APR. 17, 01) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 222 DISCHARGE COMMITTEE OF.WHOLE - COMPT. RESPONSE - SELL CAPITAL BONDS MASTEN DIST. PROPOSALS (ITEM 122 CCP 9/18/01) Whereas: The above item is currently in the Committee of the Whole; 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 Committee of the Whole from further consideration of this item, and said item is now before the Council. Seconded by Mr. Thompson ADOPTED NO. 223 COMPT RESP-SELL CAP BONDS-MAST. DIST PROJ(COMP)(#133,4/17)(#20, 1/23) (CCP# 121-MAY 1, 01) Page 74 01-0918-ss0907.txt That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 224 DISCHARGE COMMITTEE OF WHOLE - MARTIN LUTHER'KING JR. PARK POOL - CHANGE ORDER (ITEM 129 CCP 9/18/01) Whereas: The above item is currently in the Committee of the Whole; 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 Committee of the Whole from further consideration of this item, and said item is now before the Council. Seconded by Mr. Thompson ADOPTED NO. 225 MARTIN LUTHER KING JR. PARK POOL - CHANGE ORDER (ITEM NO. 52, C. C.P., JULY 24, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Nichter, Inc., an increase in the amount of $85,408, as more fully described in the above communication, for work relating to Martin Luther King Jr. Park Pool, General, No. 92010299. Funds for this project are available in bond account 35640206. PASSED AYES -12 NOES - 0 NO. 226 ADJOURMNENT by Mrs. LoTempio On a motion, Seconded by Mr. Fontana, the Council adjourned at 4:43 pm CHARLES L. MICHAUX, III CITY CLERK NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section. 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated S ember 6, 2001, presented to you herewith, I hereby call no a Special Meeting of the Common Council to be held in Room 1417, City Hall, Buffalo, New York, on, September 7, 2001 at 10:00 A.M., for the following purposes: To receive and take appropriate action on items pertaining to 1. Salary & Wage Schedule 264 Yours very truly, James W. Pitts President of the Council September 6, 2001 Hon. James W. Pitts President Common Council 1315 City hail Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, Page 75 01-0918-ss0907.txt 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 & Wage Schedule Local 264 We request that this Special Meeting be held on September 7, 2001 at 10:00 A.M. Rosemarie LoTempio Joseph Golombek Karen Ellington Barbara Miller-Williams Mary Martino Dominic Bonifacio Marc Coppola 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 CHARLEY FISHER Ill JOSIEPH GOLOMBEK BEVERLY GRAY MARY MARTINO BARBARA MILLER-WILLIAMS KAREN ELLINGTON RICHARD FONTANA BETTY JEAN GRANT ROSEMARIE LoTEMPIO ANTOINETHOMPSON 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, September 7, 2001 at 10: 00 A.M. Rosemarie LoTempio Joseph Golombek Beverly Gray Karen Ellington Barbara Miller-williams Dominic Bonifacio Mary Martino Richard Fontana Charley Fisher III Betty J Grant Marc Coppola Antoinne Thompson STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 6th day of September 2001, 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. Gerald Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/02 OFFICE OF THE CITY CLERK September 6, 2001 TO EACH MEMBER OF THE COMMON COUNCIIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated September 6, 2001, JAMES.W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in Room 1417, City Hall, Buffalo, New York, on September 7 2001 at 10 A.M. for the following purpose: To receive and take appropriate action on 1. Salary & Wage Schedule Local 264 RECEIVED AND FILED NO. 2 BY: MS. GRAY DISCHARGE CIVIL SERVICE COMMITTEE -SALARY & WAGE SCHEDULE "B" LOCAL 264 (RES 202 CCP 9/4/01) Page 76 01-0918-ss0907.txt Whereas: The above item is currently in the Civil Service 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 Civil Service Committee from further consideration of this item, and said item is now before the Council. Seconded by ADOPTED NO. 3 BY MRS. WILLIAMS SALARY AND WAGE SCHEDULE "B" JULY 1, 1999 - JUNE 30, 2002 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of Section 35 - 9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "B", AFSCME Local 264, is hereby amended to read as follows: See Attached Schedule "B" APPROVED AS TO FORM Corporation Counsel 08/01/2001 Attachment PASSED AYES -10 NOES - 0 NO. 4 ADJOURNMENT At 10:11 A.M., Mrs. LoTempio moved to Adjourn. Seconded by Mr. Fontana ADOPTED Board of Police and Fire Pension Proceedings #8 Mayor's Office-201 City Hall September 20, 2001 Present:; Anthony M. Masiello, Mayor; Anthony Nanula, Deputy Comptroller-2 Absent: James W. Pitts, Council President-I The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August and September 2001 amounting to $16,355.69 and $16,355.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August and September 2001 amounting to $19,517.00 and $19,517.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 3 Page 77 01-0918-ss0907.txt On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 78