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HomeMy WebLinkAbout00-1226 00-1226.txt No. 24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 26, 2000 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 LoTempio 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 BYRON BROWN - 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: Betty Jean Grant, Chairman, Marc A. Coppola, Mary M. Martino, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Byron Brown, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, and Karen Ellington-Members Page 1 00-1226.txt FINANCE COMMITTEE: Byron Brown, 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, Byron Brown, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr. 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, DECEMBER 26, 2000 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Gray, LoTempio, Martino, Pitts, and Williams - 12 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on December 12, 2000 were approved.FROM THE MAYOR No. 1 Re-Appointments of Members to the Examining Board of Electricians Pursuant to the powers vested in me in Part 11, Chapter 165, Article 1, Section 3 of the Code of the City of Buffalo, I hereby reappoint the following, subject to approval by Your Honorable Body. Reappointments for three year terms ending December 31, 2004: Page 2 00-1226.txt Frank A. Cirrito 124 Niagara Falls Blvd. Buffalo, NY 14214 Anthony P. Fanti 736 Parkside Ave Buffalo, NY 14216 David J. Pierowicz 91 Radcliff Road Buffalo, NY 14214 Michael P. Griffin 80 Payne Avenue Buffalo, NY 14220 I hereby certify that the above named individuals are fully qualified to serve as members of the Examining Board of Electricians. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIRECTOR OF COLLECTIONS AND THE COMPTROLLER No. 2 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES Monthly report for November 2000 As per the City Charter, attached is a monthly report for November, 2000 from the Division of Citizen Service Mayor's Complaint Hot Line. Also attached, is a year to date report, covering the period of July 5, 2000 to November 30,2000. When reviewing the report, please consider the following: All garbage complaints for November, were addressed within 24 hours. Complaints regarding totes (garbage containers) primarily concerned callers requesting a different size tote than the one that they were issued. In the near future, the Division of Citizen Services will have the required software to immediately check on inspection complaints. It has been our experience that 40 to 50% of the inspection complaint are already in the Inspection system. This immediate response to callers should address upwards to half of the inspection related complaints that we receive. Finally, data has been provided by the MIS unit of data processing to the Strategic Planning department ft mapping and analysis. All information obtained from Strategic Planning will be made available to the Council. RECEIVED AND FILED FROM THE CITY PLANNING BOARD No. 3 S. Mistretta 317 E. Delavan Ave. In-Home Day care Item No. 92, C.C.P. 12/12/2000 The City Planning Board at its regular meeting held Tuesday, December 19, 2000, considered the matter captioned above pursuant to Section 511-68.1 of the Buffalo Code, Hamlin Park Overlay District. The applicant seeks to convert a former laundromat and apartment into a family dwelling with a future use as an in-home day care facility. The present zoning does not allow the day care use and the applicant has applied to the Zoning Board of Appeals for relief. The Planning Board voted to communicate to the Common Council and the Zoning Board of Appeals no objection to the proposed use. RECEIVED AND FILED No. 4 J. DiBernardo 520 Elmwood Ave. Entranceway encroachment Item No. 44, C.C.P. 12/12/2000 The City Planning Board at its regular meeting held Tuesday, December 19, 2000, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to erect a winter only, 51x4l entranceway that will Page 3 00-1226.txt encroach the right-of-way at 520 Elmwood Ave. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the temporary entranceway with the following conditions: 1. All conditions imposed by the Department of public works with an amendment to the actual door placement on the new entranceway. The door is to be placed on either side of the entranceway in order that no additional sidewalk encroachment towards the street would exist. RECEIVED AND FILED No. 5 Lamar Advertising 1963 Fillmore Ave. Billboard sign Item No. 93, C.C.P. 12/12/2000 The City Planning Board at its regular meeting held Tuesday, December 19, 2000, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for Ground sign, pole sign or billboard. The applicant seeks to erect an illuminated 141x481x401 billboard sign to be located at 1963 Fillmore Avenue. The Planning Board did not consider the sign separation regulations because the sign is not allowed in the present "'C1" zone. The Planning Board voted to deny the proposed billboard sign. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING No. 6 Strategic Planning-Environmental Issues Item #10, CCP, 12/12/00 There is no change in the Lead Hazard Control Project's program requirements. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 7 Glenny Park Field House Renovation Per the request of the Council President, the Majority Leader and the Masten District Councilmember, the administration is prepared to expend up to $150,000 of Capital Budget funds from current accounts in order to provide renovation to the Glenny Park Field House. I have confirmed the availability of these monies with Commissioner Giambra and he will assign a member of his staff to be Project Manager for this project. This commitment will eliminate any need to amend the recently approved capital budget and should allow the renovation project to proceed in a more expeditious manner. RECEIVED AND FILED No. 8 LL Intro #14 (2000) Civil Service Req. for Exempt Employees (Hrg. 12/19) Item No. 169, CCP 12/12/00) The above referenced item was referred to this office for comment. Please be advised that I have no objection to the change in title from Coordinator of Strategic Planning to Executive Director of Strategic Planning. RECEIVED AND FILED No. 9 Renew Lease Agreement between the City of Buffalo and Police Athletic League of Buffalo, Inc. for Use of A Portion of Former School #29, Located at 2193 South Park Page 4 00-1226.txt Item No. 164, C.C.P. 9/22/98 Pursuant to Item No. 164, C.C.P. 9/22/98, Your Honorable Body authorized a two (2) year lease agreement between the City of Buffalo and the Police Athletic League of Buffalo, Inc. for use of a portion of city-owned property located at former School #29 (2193 South Park Avenue). This lease was for the period of July 1, 1998 through June 30, 2000. The Office of Strategic Planning, Division of Real Estate, has received a request from the Police Athletic League to renew their lease agreement for an additional two (2) year period commencing on July 1, 2000 and expiring on June 30, 2002. The lease shall include lease of Recreation Room No. 103 and an office, plus the room indicated as "boys shower room", which Is being renovated as an art room to be utilized by both the PAL and the Charter Schools. The rental will remain at One Dollar ($1.00) per year and all other terms and conditions of said lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for an additional two-(2) year period to commence on July 1, 2000 and expiring on June 30, 2002. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 10 Results of Negotiations 296 Moselle, 901 S Frankfort Vacant Lot: 29' x 1121 Assessed Valuation: $2,500 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 253 Townsend Street from Mr. Richard House, Jr. and Mrs. Mae House, 298 Moselle Street, Buffalo New York, 14211. Mr. House owns a one family home at 298 Moselle Street, which is adjoining to 296 Moselle Street and intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Robert E. Jones of Jones Real Estate, Appraisal & Financial Service, Inc., 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated the value of the parcel to be One Thousand Dollars ($1,000), 31 cents a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. And Mrs. House have agreed and are prepared to pay One Thousand Dollars ($1,000) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that your Honorable Body approve the sale of 296 Moselle Street for One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED Results of Negotiations - 296 Moselle Mrs. LoTempio Moved: That the offer from Mr. and Mrs. Richard House, residing at 298 Moselle Street, in the sum of One Thousand Dollars ($1000.00) for the sale of 296 Moselle, be and 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 Page 5 00-1226.txt the offer was submitted. Passed. No. 11 T.Burke-Concern Union/Apprentice Participation in City of Buffalo Projects No. 80, CCP 12/12/00 Please note that this office supports apprentice training and promotion of local participation of unions in City of Buffalo projects. Given the fact that the Mayor has asked me to represent the City's interest on the Workforce Investment Board, I will make every effort to insure that the Board is aware of our position and will pursue every opportunity to advance Mr. Burke's suggestions. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE No. 12 Amended Certificate of Appointment Appointment Effective 10/4/00 in the Department of Office of Strategic Planning Division of Land Use Planning and Administration to the Position of Senior Planner Permanent Non-Competitive at the Intermediate Starting Salary of: 38,911.00 Thomas A. Chwalinski 285 Abby Street Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER No. 13 Certificate of Appointment Appointment Effective: December 21, 2000 In the Department of: Audit and Control Division of: Audit to the Position of: Assistant Auditor Corrected Copy Permanent Non-Competitive Appointment Intermediate Starting Salary of: $ 32,091 Gerald E. Smith 3 Hecla Street Buffalo, NY 14216 REFERRED TO THE COMMITTEEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 14 BMHA OUTSTANDING NIMO BILLS-FREDRICK DOUGLAS TOWERS Sometime ago the Buffalo Municipal Housing Authority provided information to Councilwoman Williams regarding the outstanding Niagara Mohawk bills for current Fredrick Douglass residents. Attached you will find copies of the Niagara Mohawk print-out on outstanding balances of these residents. Twenty-eight individuals have outstanding balances of $11,645.52. We would like to request that resources be made available to pay these balances. s of critical importance because the Phase I units will be completed in the next sixty days and the tenants will be moving into these units. I would greatly appreciate your immediate attention and response to this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION FINANCE AND THE CORPORATION COUNSEL NO. 15 NATIONAL FLOOD INSURANCE PROGRAM This is to confirm that a Community Assistance Visit (CAV) has been scheduled with you to discuss your community's participation in the National Flood Insurance Program (INFIP) and address any questions the community may have about the program and its responsibilities. This meeting was scheduled by Rebecca Anderson of the New York State Department of Environmental Conservation (NYSDEC) through Carol of your office for 9:00 AM on December 21, Page 6 00-1226.txt 2000, at Room 502 at City Hall. Mary Colvin of my staff and Ms. Anderson will conduct an inspection of the floodplain prior to the meeting. The Federal Emergency Management Agency (FEMA) conducts these visits for the purpose of maintaining periodic contact with communities participating in the NFIP in order to assess their needs for technical assistance and the effectiveness of local floodplain management ordinances and enforcement practices. In addition, a CAV is required so that FEMA may certify compliance with the NFIP prior to application for participation in the Community Rating System (CRS). FEMA administers the NFIP program in cooperation with the New York State Department of Environmental Conservation, which will be responsible for ongoing contact with you. Community officials involved in the community's floodplain management program and development, review, and approval process should be present during the meeting or available for questions. For the meeting, we ask that you have available the following: 1. A copy of your Local Flood Damage Prevention Law (or Ordinance) adopted in accordance with Section 60.3 of the Code of Federal Regulations (CFR). 2. Records of permits for development in the designated Special Flood Hazard Area (SFHA) in you community issued since January 1, 1995. 3. Records of all variances requested (denied or approved) since January 1, 1995. 4.Records of the elevations (in relation to Mean Sea Level) of structures built in the designated SFHAs in accordance with 44 CFR 59.22(a)(9)(iii), 5. Appropriate staff to explain the process the community uses to review proposE3,d development in the SFHA, including new buildings and other structures and new and replacement manufactured homes; improvements to existing buildings and structures; development other than buildings such as mining, dredging, filling, grading, paving, excavation or drilling operations, and stream or channel alterations and maintenance. 6. Appropriate staff to explain the process for reviewing new subdivision proposals, including manufactured home parks and subdivisions in designated Special Flood Hazard Areas. 7. Appropriate staff to explain the community's enforcement procedures, including variance procedures and on-site inspection of construction in the Special Flood Hazard Areas. 8. Questions or concerns the community may have pertaining to its Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS), including accuracy, completeness or need for other flood data. You and/or your staff are welcome to join our tour of the floodplain on December:20, 2000. Should you have any questions regarding the Community Assistance Visit, please contact Ms.Colvin at (212) 225-7063 or Ms. Anderson at (716) 851-7070. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL No. 16 Report-Green Gold Development Corp. Sustainability Initiatives Randi Mail, Project Coordinator for the Green Gold Development Corporation, has written a report entitled, Sustainability Initiatives Across the Country". The report details progressive initiative's of five cities - Toronto, Santa Monica, Austin, Seattle, and Portland - that have decided to redirect themselves on a sustainable path. 'This emerging recognition and policy orientation responds to the phenomenon that we are living beyond the natural limitations of our planet while experiencing a diminishing sense of community and quality of life. We are submitting this report to all Buffalo Common Page 7 00-1226.txt Councilimembers for its informational value and for your consideration. Green Gold has created a Sustainability Committee, which will discuss a course of action based upon the case studies featured in the report and gather input from community leaders and stakeholders over the next few months. After such time, the Sustainability Committee will submit a proposal to the Council that the City establish an Office of Sustainability. Moreover, the committee will submit a strategy with which to implement sustainable measures. Ms. Mail's report has a complementary power point presentation that was given at the last Green Gold meeting on December 14th. In addition, she will present it at the next Partners for Livable Western New York meeting at the Calumet on January e at 6pm. Please take a few moments to look at the report, as it examines a critical issue for our City's future. Thank you for your time and consideration. REFERRED TO THE COMMITTEE ON LEGISLATION AND STRATEGIC PLANNING NO. 17 MOU WITH ADELPHIA I have had a opportunity to review a Draft Memorandum of understanding (M O U) for the proposed Adelphia Inner Harbor Project. The following are concerns and questions I have concerning the document. As you know, the Adelphia Development has been principally negotiated by the Empire State Development Corporation; while representatives from the County of Erie and Mr. Delisle from the Buffalo Economic Renaissance Corporation have been parties to the negotiations, I am not aware to what degree their participation is reflected in the draft document. Also, while I am providing my impressions to the document, there has been no formal filing of the M O U with the Common Council. The copy I have based my review upon is from Mr. Delisle as a matter of protocol, I am recommending that the Empire State Development Corporation file a copy of the final draft M O U with the Common Council. I do not know if negotiations are still taking place. However, I would like this Transmittal to be sent to the Stadium and Aud Special Committee. REFERRED TO THE SPECIAL GOMMITTEE ON STADIUM & AUD, EMPIRE STATE DEVELOPMENT, CORPORAT ION COUNSEL, ADELPHIA CABLE AND COUNTY.EXECUTIVE No. 18 Proposed Changes in Schedule for Making Certain Annual PILOT Payments Due From West Genesee Hotel Associates (the "Company") Respecting the Hyatt Regency Buffalo Hotel (the "Hotel") Pursuant to the Agreement for Payment in lieu of Real Estate Taxes (the "PILOT Agreement"), dated as of July 31, 1993, between the Erie County Industrial Development Agency (the "Agency") and the Company, the payment schedule for the payments in lieu of taxes ("PILOTs") presently payable by the Company to the City of Buffalo is as follows: Amount Payment Date Current PILOTs $82,170.00 July 31 82,170.00 December 31 Deferred PILOTs 24,452.46 July 31 24,452.46 December 31 The Hotel's occupancy rates and revenues vary significantly by season. As is the case for most hotels, in the late fall and winter months the number of guests staying at the Hotel and its revenues are substantially reduced. As a result, the Company has difficulty making timely payment of the PILOT installments payable each year on or about December 31. No reduction in the amount of the PILOT payments is sought, but to alleviate the timing problem described in this memorandum the Page 8 00-1226.txt Company proposes to enter into an amendment of the PILOT Agreement with the Agency which would make a minor change in the payment date for the end of year installments as follows: in each year during the term of the PILOT Agreement commencing with the payment due for the year 2000 the payments presently due on or about December 31 will instead be due on April 30. To reimburse the City for the initial deferral of such payments (for the year 2000) the amendment would also provide that interest would be payable on such installments for the period from December 31, 2000 through April 30, 2001 at the rate of six percent (60/6) per annum. The PILOT payments now due to be paid on or before July 31 of each year will remain payable as so stated. The Company respectfully requests that the City of Buffalo provide its consent to the foregoing proposed amendment. PASSED MRS. LOTEMPIO moved to APPROVE SAID ITEM WITH THE CONDITIONS AS SET BY THE DEPARTMENT OF ASSESSMENT PASSED AYES - 12 - NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 2263 Delaware Avenue Awning Within City Right of Way Mr. Jim Jacobi, owner of the Delaware Cafe, located at 2263 Delaware Avenue, has requested permission to install an awning which would encroach City right of way at said address. The proposed awning would measure five feet in height. forty feet in overall length and project approximately three feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed Mr. Jacobi's application pursuant to Chapter 413-56 (Awnings, Canopies and Marquees) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the awning be installed exactly as shown on plans/building permits submitted to and approved by the Department of Permit & Inspection Services. 3.That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, naming the City of Buffalo as additionally insured. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 20 Report of Bids Apollo Theater Equipment Fiber Termination Gear I hereby submit to Your Honorable Body the following bid for Fiber Termination Gear at the Apollo Theater. Radiant Communications$28,932.00 In addition to the above bidder, bids were requested from the following vendors: Harris BroadcastNo Bid Sam Ash Professional No Bid Synchrous/SyngroupNo Bid All three of the above vendors declined to bid because they could not make the equipment to meet the needs and requirements of the facility. Therefore, we recommend award of the contract to Radiant Page 9 00-1226.txt Communications in the amount of $28,932.00, Funds for this work were approved by Your Honorable Body in CCP 07/25/00; item #293. Mrs. Lo Tempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 18, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Apollo Theater Equipment Fiber Termination Gear, Phase 8B, Restoration and Rehabilitation, Electrical Contract, to Radiant Communications, the lowest responsible bidder, in the amount of $28,932 Passed. AYES - 12 - NOES - 0 No. 21 Report of Bids Hennepin Park Community Center Demolition As authorized by Your Honorable Body Item No. 37 C.C.P. 11/16/99, I asked for and received the following bids for the demolition of the eastern rear portion of the Hennepin Park Community Center which were opened and publicly read on December 1, 2000 : CONTRACTOR BASE BID Ontario Specialty Contracting, $ 91,027 333 Ganson Street Buffalo, New York 14203 Donald J. Braasch Construction, 97,800 1661 Lakeview Road Lakeview, New York 14085 Scott Lawn Yard 117,200 5552 Townline Road Sanborn, New York 14132 SCS Group, L.C. 124,420 521 Buffalo Avenue Niagara Falls, New York 14303 Cambria Contracting Corp. 129,000 5045 Lockport Road Suite 1-B Lockport, New York 14094 Lebis Enterprises, Inc. 139,000 261 Massachusetts Avenue P.O. Box 505 Buffalo, New York 14213-0505 M.C.S. Remedial Services 243,000 3907 North Buffalo Road Orchard Park, New York 14127 Architect's Estimate $100,000 I hereby certify that the foregoing is a true and correct statement of all bids received and that the Ontario Specialty Contracting, Inc. is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work by Ontario Specialty Contracting, Inc., 333 Ganson Street, Buffalo, New York 14203 for the low bid amount of $91,027. Funds for this work are available in MUNIS 35640106. Mrs. Lo Tempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2000, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Hennepin Park Community Center Demolition, Phase 8B, Restoration and Rehabilitation, Electrical Contract, to Ontario Specialty Contracting, Inc., the lowest responsible bidder, in the amount of $91,027. Funds for the project are available in MUNIS 35640106. Passed. AYES - 12 - NOES - 0 Page 10 00-1226.txt NO. 22 CANISIUS COLLEGE; CONDUITS WITHIN CITY RIGHT OF WAY WEST DELAVAN AVENUE Mr. Paul Myers, Physical Plant Director for Canisius College, located at 2001 Main Street, has requested permission to install conduit within City right of way on Main Street and West Delavan Avenue. The proposed conduit would contain fiber optic cable and connect the main campus with proposed housing units owned by Canisius College located at 1025 West Delavan Avenue and the former Delavan Armory sight. The conduit on West Delavan would be located within the sidewalk area on the south side of the street. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" to Canisius College for said conduit installation provided the following conditions are met: 1.That the applicant obtain any and all City of Buffalo permits necessary for said installation, including a street cut permit. 2.That the conduits are installed, and City right of way restored, according to Department of Public Works. Parks and Streets Standard Specifications. 3.That the applicant supply the Department of Public Works, Parks and Streets with a set of -as built" plans depicting the exact location of said conduits upon completion of the project. 4.That the applicant provide the Department of Public Works, Parks and Streets with a five thousand dollar 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 conduits. 5. That, as an owner of underground facilities, the applicant becomes an active participant with the Underground Facilities Protective Organization (U.F.P.O.) as required by New York State Law, Code 753. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 23 CHANGE IN CONTRACT PARKSIDE LODGE ROOF REPLACEMENT I hereby submit to Your Honorable Body the following changes for the Parkside Lodge, Roof Replacement, Ferraina Construction, C #91973200. 1.Alter the gutter detail at the north and south porches to provide for a drip edge.Add $ 565.80 The foregoing change results in a net increase in the contract of Five Hundred Sixty Five and 80/100 Dollars ($565.80). Summary: Current Contract Amount $ 260,731.06 Amount of This Change Order (#6) Add$ 565.80 Revised Contract Amount $ 261,296.86 Costs have been reviewed by the Consulting Architect (Flynn Battaglia Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 31934106 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Page 11 00-1226.txt Works, Parks and Streets dated December 14, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 6, to Feffaina Construction, an increase in the amount of $565.80, as more fully described in the above communication, for work relating to Parkside Lodge Roof Replacement, C #91973200. Funds for this project are available in CPF 31934106 445 100 -Division of Buildings. PASSED AYES -12 NOES - 0 NO. 24 CITY PURCHASE OF SNOWMOBILES ITEM #185, C.C.P. 12/1212000 The Department of Public Works, Parks and Streets agrees that it would be a good idea to have at lease 2 snowmobiles available. One should be located at City Hall, and one at the Emergency Operations Center. This department does not, however, have any funds currently budgeted for such a purchase. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 42 BRECKENRIDGE STREET ENCROACHMENTS WITHIN CITY RIGHT OF WAY Mr. Husain Syed, owner of Tru-Mold Shoes, located at 42 Breckenridge Street, has requested permission to install stairs, a concrete landing area, and a wheelchair lift within City right of way at said address. The proposed concrete landing area measures approximately ten feet by eight feet and is located almost entirely on private property. The new electric vertical platform wheelchair lift, which measures four feet by three feet, and a portion of the stairs would be located within City right of way. The property is located at the dead end portion of Breckenridge Street and no pedestrian traffic will be affected. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapters 413-67 (Encroachment Regulations) and 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said encroachments provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary for said installation. 2. That the encroachments be installed exactly as shown on plans/building permits submitted to and approved by the Department of Permit & Inspection Services. 3.That the applicant be responsible for maintaining said encroachments as long as they remain within City right of way. 4.That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, naming the City of Buffalo as additionally insured. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 26 NEW PLAYGROUND-EARLY CHILDHOOD CENTER SCHOOL 61 ITEM #83, C.C.P. 12/12/2000 The Department of Public Works, Parks and Streets has been directed by the Mayor to plan, design and build a new playground at School 61 on Leroy and Grider. This work should start in the Spring 2001, and be Page 12 00-1226.txt completed that same year. Any groups or individuals who would like input into the design of the playground should be directed contact this Department in writing as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 199 ALLEN STREET PAYPHONE APPLICATION ITEM NO. 180, C.C.P. 07/25/00 Mr. Jay Alberti of Pay-Tel Corporation, 45 West Tupper Street, has requested permission to install a public payphone within City right of way as described in Chapter 441 (Telephone Facilities) of the City Ordinances. The proposed payphone location is at 199 Allen Street, northwest comer of Elmwood Avenue. The payphone would be adjacent to the building face of the Just Pizza Pizzeria on the Allen Street side. This proposed payphone location was previously denied by the Common Council (#180 of 07/25/00) but Mr. Jay Alberti of Pay-Tel Corporation wishes to reapply at this time. The Department of Public Works, Parks and Streets has again reviewed this application and has no objection to the installation of said payphone. However, before a license may be issued, each individual proposed location must be approved by Your Honorable Body in accordance with Chapter 441-4 of the City Ordinances as Payphone Applications Pay-Tel Corporation (Item No. 180, C. C.P., July 25, 2000) (Item No. 13 5, C. C.P., July 7, 2000) Mrs. LoTempio moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a license to install payphones in the City right-of-way in accordance with Chapter 441-4 of the City Ordinances as revised Item No. 136, C.C.P., December 26, 1995 to Mr. Jay Alberti, President of Pay-Tel Corporation, 45 West Tupper Street for payphones at 199 Allen Street. PASSED AYES -12 NOES - 0 NO. 28 PROPOSED LOCAL LAW INTRODUCTORY NO. 14 (2000) AMENDING VARIOUS SECTIONS OF THE CHARTER EXEMPT EMPLOYEES I have reviewed the subject proposed amendment to the City Charter as presented by Councilmember Bonifacio, and support all the changes that would effect the Department of Public Works, Parks and Streets. RECEIVED AND FILED NO. 29 R. DONOVAN & O-SUPPORT PARK FACILITY- LOVEJOY AREA ITEM NO. #94, C.C.P. DECEMBER 12, 2000 The Department of Public Works, Parks and Streets is reluctant to support any new initiatives to create additional parkland which would have to be maintained by Division of Parks and Recreation. The division struggles now to maintain existing acreage. Additional maintenance concerns will be increased in the spring when Mc Carthy Park and Schiller, rehabilitation is complete and returned to the active park maintenance plan- We would certainly be willing to participate alongside the County Parks Department if a mutual plan could be devised for maintenance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 13 00-1226.txt NO. 30 RENAMING KENSINGTON EXPRESSWAY AND HUMBOLDT PARKWAY ITEM #214, C.C.P. 01/25/00 Enclosed is a response that I recently received from Mr. Brian Rowback, Regional Director, New York State Department of Transportation. According to Mr. Rowback, the renaming of the Kensington Expressway (Rte 33) in honor of Dr. Martin Luther King would need the approval of the New York State Legislature. Likewise, the renaming of Humboldt Parkway is a local issue and is under discretion of the Common Council. I do agree with Mr. Rowback's concerns that to avoid confusion we should not change the name of both roadways to Dr. Martin Luther King Way, and with respect to the expressway, if we seek State approval, it should be for the entire roadway from Oak St. to Genesee St. in Cheektowaga. This department fully supports this proposed change and will assist in any way that we can. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 WATER SERVICE - 75 WOODLAWN ITEM #89, C.C.P. 12/12/2000 This department has been asked to comment on this item. After trying unsuccessfully for quite some time to collect the outstanding water charges for 75 Woodlawn, an order was issued to terminate the service. When our employees went to that address to shut down the service they found that 75, 77, 79 and 81 Woodlawn were all served by a single water service from the City's main into 79 Woodlawn. This is a clear violation of Chapter 492-11 of the City Ordinances. Because terminating the service at 79 Woodlawn would have affected all four locations, I ordered the shut-off cancelled, and directed that each property owner be sent a notice indicating that separate services must be installed into each property. Once a separate service is established into 75 Woodlawn, service will be terminated until all outstanding charges have been paid. Ms. Rosa's claim that a shut-off valve to 75 Woodlawn is available in her home at 79 Woodlawn may be correct, but employees of the City of Buffalo have no right to enter private property with the purpose of terminating service. The only way to rectify this situation is to have each property establish their own water service, with the appropriate valves. We will continue to monitor this situation, and if the new services are not installed, we will ask the Commissioner of Permit and Inspection Services to issue a notice of violation, and seek remedy through the courts. REFERRED TO THE COMMITTEE ON FINANCE NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective December 22, 2000 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Account Clerk-Typist, Permanent Appointment at the 2nd step of 25,707.00 Donna Mihalics, 594 Tonawanda St., Buffalo, NY 14207 RECEIVED AND FILED NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective December 22, 2000 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Account Clerk-Typist, Permanent Appointment at the third step of $26,411.00 Page 14 00-1226.txt Arlene McCune, 59 Manhart Street, Buffalo, New York 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 CERTIFICATE OF APPOINTMENT Appointment Effective December 11, 2000 in the Department of Public Works Parks & Streets, Division of Water to the Position of Account Clerk-Typist, Permanent Appointment at the 2 nd Step of $25,707.00 Crystal E. Shirley, 33 Leonard Street, Buffalo, New York 14215 Donna Mihalics, 594 Tonawanda St, Buffalo, NY 14207 Rescinded REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 35 CERTIFICATE OF APPOINTMENT Appointment Effective December 7, 2000 in the Department of Public Works, Parks & Streets, Division ofEngineering to the Position of Account Clerk-Typist Permanent Appointment at the Intermediate Starting Salary of $25,707.00 Debra A. Bagarozzo, 141 Crestwood Avenue, Bflo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 36 CERTIFICATE OF APPOINTMENT Appointment Effective December 18, 2000 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Water Meter Mechanic, Temporary Appointmentat the maximum Starting Salary of $31,589 Andrew Barth, 350 North Park Avenue, Buffalo, New York 14216 Karl Hawthorn, Jr., 98 Bryant Street, Apt. 10, Buffalo, New York 14209 Matthew Janicki, 100 Shenandoah Road, Buffalo, New York14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 37 DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00112255 245D-BF-34415 $337.52 8155-00112532 C2-00-0024 $2,112.86 8155-00112518 C2-00-0095 $8,553.14 8155-00112539 C2-00-0095 $5,643.14 8155-00112520 C2-00-0 101 $600.55 TOTAL DEPOSIT $ 17,247.21 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #2001000038900 1. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector John Brill at 851-4514. REFERRED TO THE SPECIAL COTWITTEE ON POLICE Page 15 00-1226.txt REORGANIZATION FROM THE COMMISSIONER OF FIRE NO. 38 CITY PURCHASE OF SNOWMOBILES ITEM 4185, C.C.P. 12/20/2000 The Office of Disaster Preparedness agrees with the idea of having city owned equipment to respond with during snow emergencies. This equipment should include snowmobiles, ATV's, trailers, cold weather suits and helmets. Being as the Buffalo Fire Department is the response agency for fire and medical emergencies, they should be assigned this equipment. The Fire Department does not have the funds budgeted for this purchase. If funds become available the equipment should be assigned to the Fire Department as a strike task force with 2 snowmobiles and one ATV assigned to each group and placed at strategic locations in the city. I have compiled 2 separate plans for this: Plan A- 4 task forces assigned to 4 locations with an approximate equipment cost of $98,800. Plan B- 2 task forces assigned to 2 locations with an approximate equipment cost of $49,400. REFERRED TO THE COMMITTEE ON FINANCE NO. 39 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE December 8, 2000 IN THE DEPARTMENT OF FIRE TO THE POSITION OF Communication Technician, Provisional Appt at the Intermediate Starting Salary of $31,485 Ronald Brier, 32 Hubbell, Buffalo,14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE- CORPORATION COUNSEL NO. 40 REVIEW OF NOMINEE FOR APPOINTMENT-CITIZENS SALARY REVIEW COMMISSION C.C.P., 12/12/00, NO.2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of December 18, 2000) that the following nominee to the Citizens Salary Review Commission has no outstanding debts to the City: Nancy Tobin RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 41 RESTAURANT DANCING CLASS IV 228 FRANKLIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Restaurant Dancing License located at 228 Franklin and find that as to form it is correct. I ha caused an investigation into the premises for which said application for Restaurant Dancing license is being soul and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws. I have caused and investigation b, the Police Department into the moral character of Mary Giamo. The attached thereto for Mary Giamo d/b/a Utopia at 228 Franklin. T request is submitted for your approval or whatever action you deem Page 16 00-1226.txt appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 RESTAURANT DANCING CLASS IV 26 MISSISSIPPI Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached, application for a Restaurant Dancing License located at 26 Mississippi and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing: license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find I complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Darryl Carr. The attached thereto for Darryl Car d/b/a Cobblestone at 26 Mississippi This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 SECONDHAND DEALER 129 HOLDEN (AKA 130 CENTRAL PARK PLAZA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located at 129 Holden and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find ii complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Patti Bolser. The attached thereto for Patti Bolser d1b/a Rent-A-Center Inc. #01892. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 44 Secondhand Dealer 1824 Clinton Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located at 1824 Clinton and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being song and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Jacqueline Classer. The attached thereto for Jacqueline Classer d/b/a Mommy & Consignment Boutique. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 Secondhand Dealer 2215 Niagara Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located at 2215 Niagara and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Page 17 00-1226.txt Fire Department and Building Inspector, 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 Patti Bolser. The attached thereto for Patti Bolser d/b/a Rent-A-Center Inc. #01893. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 Secondhand Dealer 245 Ontario Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located at 245 Ontario and find that as to form it is correct. I have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Norman Tredo. The attached thereto for Norman Tredo d/b/a Donna's Best Gift Shop This request is submitted for your approval or whatever action you deem appropriate. Mrs. Lo Tempio Moved: That the above communication from the Commissioner of Permit and Inspection Services dated December 18, 2000, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Norman Tredo, d/b/a Donna's Best Gift Shop located at 245 Ontario Street. * * * * *on the condition there will be no outdoor storage of appliances or goods for sale. Passed. AYES - 12 - NOES - 0 No. 47 Secondhand Dealer 742-744 Tonawanda Pursuant to Chapter 254 of the City of Buffalo, Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located at 742-744 Tonawanda and find that as to form it is correct. have caused an investigation into the premises for which said application for a secondhand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I fin it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Zinada Samardzija. The attached thereto for Zinada Samardzija d/b/a Duka Thrift Store This request is submitted for your approval or whatever action you deem appropriate. Mrs. Lo Tempio Moved: That the above communication from the Commissioner of Permit and Inspection Services dated December 18, 2000, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Zinada Samardzija, d/b/a Duka Thrift Store located at 742-744 Tonawanda Street. * * * * * on the condition there will be no outdoor storage of appliances or goods for sale. Passed. AYES - 12 - NOES - 0 No. 48 Page 18 00-1226.txt Used Car Dealer 1002 Abbott Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Used Car Dealer License located at 1002 Abbott and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought a according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into t moral character of Vincent Bigelow Jr. The attached thereto for Vincent Bigelow Jr. d/b/a Bigelows Auto Service This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 Used Car Dealer 641 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 at 641 Bailey and find that as to form it is correct. I have cause( an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, 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 Gregory Giuga. The attached thereto for Gregory Ginga d/b/a Straight Line Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 Used Car Dealer 1235 Fillmore Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1235 Fillmore 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 an according to the attached reports from the Zoning Office, Fire Department and Building Inspector, 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 William Nelson. The attached thereto for William Nelson d/b/a Nelson Car Service. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEEON LEGISLATION NO. 51 Used Car Dealer 1985 Genesee Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Used Car Dealer License located at 1985 Genesee and find that as to form it is correct. I ha, caused an investigation into the premises for which said application for a used car dealer license is being sought a according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into t moral character of Rita Lombardo. The attached thereto for Rita Lombardo d/b/a Payless of VVIW Inc. at 19 Genesee. Page 19 00-1226.txt This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 Certificate of Appointment Appointment Effective: December 19, 2000 in the Department of Permit and Inspection Services Division of Inspections to the Position of Building Inspector Permanent Appointment Maximum Starting Salary of. $ 43,809. William Manuszewski 45 Kopernik Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 53 Certificate of Appointment Appointment Effective: December 11, 2000 in the Department of Permit & Inspection Services Division of Inspections to the Position of Plumbing Inspector Permanent Appointment Intermediate (Step 3) Starting Salary of 40,838. Gary V. Fazio 23 McClellan Circle Buffalo, NY14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 54 Sale of Junk and Abandoned Vehicles Bid #0110 The Division of Parking Enforcement has for sale on a continuing basis junk and abandoned vehicles as defined by the New York State Vehicle Law, Section 1224-2. Bids were solicited to 19 companies and I recommend that your Honorable Body approve to the responsible high bidder, Ed Henning, Inc. Listed below is the tabulation of bids opened on November 20, 2000. 1. Vehicles delivered to scrapyard Ed Henning, Inc. AA- I Auto South Bflo. Wrecking Co. Auto Part $31.01 $36.36 $36.00 2. Vehicles picked up at Auto Pound per car Ed Henning, Inc. AA- I AutoSouth Bflo. Wrecking Co. Auto Parts $31.01 $27.27 $21.00 The award was based on the majority of 1,000 vehicles out of 1500 vehicles total, being picked up at the auto pound at $3 1.01 each. In an emergency situation, vendors AA- I Auto Wrecking and South Buffalo Auto Parts will be used as backup. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 55 Certificate of Appointment Appointment Effective: December 11, 2000 in the Department of Community Services Division of Substance Abuse Services to the Position of Senior Counselor Provisional Appointment Maximum Starting Salary of: $ 37,732. Joanne M. Barba 30 Admiral Road Buffalo 14216 REFERRED TO CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 56 Response to "LL Intro. #14(2000)-Civ. Serv. R,2q. for Ex. Emp. (Hrg. 12/19)""(#169 CCP Dec 12,2000) Page 20 00-1226.txt In response to your correspondence dated December 13, 2000, please accept the following as a response: It is necessary to amend various sections of the Charter of the City of Buffalo in order to comply with State Civil Service requirements for approval to place positions in the Exempt Class. In accordance with section 41(b) exempt class of Civil Service Law, offices and positions shall be in the exempt class where deputies of principal officers, i.e. Deputy Commissioners and/or Directors of divisions within a department, are authorized by law to act generally for and in place of their principals. Tile approval of this local law to amend the Charter will meet the requirements of civil service law. Office of Strategic Planning: The incumbent is considered the head of the Office of Strategic Planning, therefore, the title of "Executive Director" is more appropriate for this position. The Office of Strategic Planning is a part of the Executive Department (the Mayor is the head) and should not be considered a separate department with a Commissioner as the head. Division of Employment and Training: The work to be performed by employees in this division is in public personnel administration-, therefore, the division should be called "Division of Personnel". Also, the division title change will avoid any confusion with the Division of Workforce Employment and Training in the Department of Community Services. The Civil Service Commission supports and recommends that this, local law be approved as written. RECEIVED AND FILED NO. 57 Certificate of Appointment Appointment Effective: December 8, 2000 in the Department of Human Resources Division of Civil Service Commission to the Position of Personnel Specialist I Permanent Promotion Starting Salary of: $ 35,207 Carolyn A. Lenczyk 129 Walters Street Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 58 "P. Evans-Installation-traffic Light Leroy/Grider & Var. Issues" I received Council item #83 CCP regarding 'Tatricia Evans-Installation-Traffic Light Leroy/Grider and Various Issues". At the November 6, 2000 meeting Mrs. Patricia Evans was directed by Mayor Masiello and Council Member Charley Fisher III to forward the requests from the school community to the Common Council. I fully support the requests made by Mrs. Patricia Evans on behalf of the School 61 Community. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO.59 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: PUBLIC WORKS MAYORAL ICR COMMUNITY DEVELOPMENT HUMAN RESOURCES CITY CLERK HUMAN SERVICES PARKS STRATEGIC PLANNING Page 21 00-1226.txt FIRE RECEIVED AND FILED No. 60 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 830 Abbott Rd The Mark of Pizza Inc The Mark of Pizza 153 Delaware Ave Prime Industries Inc Prime Industries Inc 1420 Main St Venere E. Hutchinson Venere Hutchinson RECEIVED AND FILED No. 61 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Public Works, Streets & Parks-Andrew Barth, Karl Hawthorn Jr, Matthew Janick X Police-Cynthia Brooks x Fire- Dean Lombardo, Patrick Shea X Permit and Inspection Services- Lawrence Michalski, Frank J. Sandarelli X Community Services- Joanne Barba RECEIVED AND FILED No. 62 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. No. 63 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED Appointment Effective: December 11, 2000 in the Department of COMMON COUNCIL Position of INTERN VI SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $10.00/HR Vicki Grant 100 Parkridge BUFFALO NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 64 Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED Appointment Effective: December 19, 2000 in the Department of COMMON COUNCIL Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $8.00/HR Nancy Ayala 20 Auchinvole BUFFALO NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 65 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal Page 22 00-1226.txt and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: December 11, 2000 in the Department of Assessment and Taxation to the Position of Clerk - Seasonal Appointment Flat Starting Salary of: $5.20/hour Joan M. Brinkworth 161 MARINE Dr. #4-D Buffalo NY 14202 Sandra J. Stotz 4 Roebling Avenue Buffalo, NY 14215 Appointment Effective: December 19, 2000 in the Department of: Police to the Position of: Laborer I Seasonal Non-Competitive Flat Starting Salary of: $6.22 Kevin P. Cannon 186 Goethe Street Buffalo, New York 14206 Appointment Effective: December 18, 2000 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer I Seasonal Non-Competitive at the: Flat $ 6.22 Judith A. Cammarano 164 Geary Street Buffalo 14210 Appointment Effective: December 19, 2000 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer Seasonal Non-Competitive Flat Starting Salary of: $6.92 Nathan Hall 592 Clinton Street Buffalo, NY 14210 ADOPTED No. 66 Appointments - Temporary, Provisional or Permanent Appointment Effective: December 18, 2000 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Junior Traffic Clerk Temporary Appointment Minimum Starting Salary of: $23,949 Melanie M. Carey 81 Delsan Court Buffalo NY 14216 Appointment Effective: December 21, 2000 In the Department of: Audit and Control Division of: Audit to the Position of: Assistant Auditor Provisional Appointment at the: Minimum Starting Salary of: $ 30,922 Corrected Copy John J. lapichino 514 Tonawanda Street Buffalo, NY 14207 Appointment Effective: December 14, 2000 in the Department of Community Services Division of Substance Abuse Services to the Position of Account Clerk-Typist Permanent Appointment the: Minimum Starting Salary of: $ 25,005.00 Gale Scott 124 Bickford Avenue Buffalo NY 14215 person(s) named in Schedule "A" have been certified or approved by the Municipal Civil Service Commission for the Appointment Effective November 13, 2000 in the Department of MANAGEMENT INFORMATION SYSTEMS to the Position of SYSTEM ANALYST AMENDED STATUS TEMPORARY APPOINTMENT MINIMUM Starting Salary of: $39,190 DARYL SPRINGER 20 LEXINGTON AVE BUFFALO. NY 14222 MICHAEL RIVERA 53 WEST BUFFALO. NY 14201 Appointment Effective: December 12, 2000 in the Department of: Police to the Position of., Report Technician Temporary Appointment Minimum, Starting Salary of: $ 25,903 Sharon Perrin 20 John Paul Court Buffalo, New York 14206 Appointment Effective: December 11, 2000 in the Department of: Police to the Position of: Report Technician Temporary Appointment Minimum Starting Salary of: $ 25,903 Claudia M. Mitchell 210 Berkshire Avenue Buffalo, New York 14215 Melissa A. Kilcoyne 102 Woodside Avenue Buffalo, New York 14220 Ginger Y. Carey 757 Amherst St., 2nd Floor Buffalo, New York 14216 Diane P. Falzone 60 Manchester Place Buffalo, New York 14213 Appointment Effective: December 11, 2000 in the Department of: Police to the Position of: Crossing Guard Maureen Ball 42 Tuscarora Rd. Buffalo, NY 14220 Linda Marshall 1195 Bailey Ave. Buffalo, NY 14206 Stephanie Lockwood 392 Herkimer- St. Buffalo, NY 14213 Mary E. Roberts 120 Theodore St. Buffalo, NY 14.211 Appointment Effective: December 18, 2000 in the Department of Page 23 00-1226.txt Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary - NTE 6 months Appointment the: Flat Starting Salary of: $ 10. 2 5 David A. Fatig 234 Winston Road Buffalo 14216 John A. Loughran 205 Marine Drive, Apt. 7A Buffalo 14202 Keith M. Rathbun 239 Cumberland Avenue Buffalo 14220 Richard M. Veroba 24 Lester Street Buffalo 14210 William R. Young 374 McKinley Parkway Buffalo 14220 Appointment Effective: December 9, 2000 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of: $ 10. 25 Kenneth E. Zabawa 168 Alabama Street Buffalo 14204 Appointment Effective: December 11, 2000 in the Department of Public Works, Parks & Streets Division of General Office to the Position of Stenographer Permanent Appointment at the: Minimum Starting Salary of: $ 24,440 Arlene M. Scott 387 Olympic Avenue Buffalo, New York Appointment Effective: December 19, 2000 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary - NTE 6 months Appointment at the: Flat Starting Salary of: $ 10 .25 Mark Blake 158 Dundee Street Buffalo 14220 Appointment Effective: December 11, 2000 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Truck Driver Provisional Appointment Minimum Starting Salary of $25,423 Myron D. Harden 67 Rickert Buffalo, NY 14211 Appointment Effective: December 7, 2000 in the Department of Public Works, Parks and Streets Division of Streets .to the Position Of Truck Driver provisional Appointment at the: Minimum Starting Salary of: $25, 423 Johnny T. Baldwin 257 Person Buffalo, NY 14212 Appointment Effective: 12/18/00 in the Department ofStrategic Planning Division of Real Estate to the Position of Laborer I Permanent Non-Competitive at the: Minimum Starting Salary of: $20,508.8 Jeffrey Sacilowski 1344 Kenmore Avenue Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 67 Support Proposal Eliminate Free Parking for Disabled I am enclosing a copy of a Resolution which was discussed at length alt the Buffalo Place Board of Directors meeting and which was adopted by the unanimous vote of the Board of Directors. This Resolution deals with the proposed amendment of traffic ordinances to remove free parking for the disabled, which item is presently be-fore the Common Council. We are also sending a copy of this Resolution to Commissioner Joseph M. Giambra, Department of Public Works, Parks & Streets. Our Board felt it was important to express its unanimous approval of the concept involved in this Re-solution and to urge the Common Council to pass the same as soon as possible. We are also enclosing a copy of a further Resolution which was also adopted by majority vote of the Board of Directors at its meeting today. Although some Board members expressed concern with respect to some of the specific provisions now under study by the Department of Public Works and Destination Downtown Buffalo 2002, the Board assumes that these concerns can and will be resolved as part of the ongoing process. REFERRED TO THE COMMITTEE ON LEGISLATION Page 24 00-1226.txt NO. 68 Hickory Woods Concerns Attached please find a letter from Patrick Blake addressing various concerns about living at Hickory Woods. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 69 MINORITY BUSINESS UTILIZATION REPORT I hereby submit for filing copies of the Minority Business Utilization Report. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMNITTEE NO. 70 INFO ADELPHIA SERVICES The telecommunications industry is constantly developing new technology and new products. Cutting-edge technology allows cable operators to launch an abundance of programming and to satisfy their customers' needs for advanced services, such as digital cable and high-speed Internet access. Also on the horizon are exciting new services such as Interactive TV, video-on-demand, residential telephone service over cable, e-commerce and other innovations barely imaginable only a short time ago - Adelphia has become an industry leader in the highly competitive telecommunications marketplace, based on our commitment to modem technology, expanded programming choices, and prompt, professional customer service. At the same time, we recognize that in order to remain competitive and to continue to meet the demands of our customers, franchise authorities, businesses and educational institutions, Adelphia must continue to make improvements. By investing in our cable infrastructure, as well as expanded programming and employee training, we will be able to continue bringing Adelphia customers greater value, additional choices and improved service. These investments are critical in the current business environment, as Adelphia faces growing competition from direct broadcast satellite companies and other providers of entertainment and telecommunications services. In the coming weeks, all Adelphia customers will be receiving a notification informing them of:  new programming services being added by Adelphia;  an introduction of money-saving packages for cable entertainment, high-speed Internet access and long distance telephone service;  a new rate structure for cable entertainment programming. Expanded programming coming Adelphia's plans include the addition of the following channels in the spring of 2001: REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS No. 71 Support Proposal-Eliminate Free Disabled Permit Parking As the chair of Buffalo Place's Parking Committee, I am writing in support of the proposal to eliminate free disabled permit parking in downtown metered spaces. In March, 2000 the Downtown Buffalo Parking Infrastructure Task Force released its report regarding downtown parking. The Task Force was comprised of representatives from the City of Buffalo, Buffalo Urban Renewal Agency, Buffalo Economic Renaissance Corporation, the Niagara Frontier Transportation Authority, Buffalo Place Inc., BCAR and the Greater Buffalo Niagara Regional Transportation Committee. The final report of the Task Force stated: "There is no real justification for allowing vehicles that either have a disabled owner's license plate or display a disabled parking permit to Page 25 00-1226.txt receive free parking at a parking meter. When a metered space is occupied by a vehicle with a disabled parker, it has two negative impacts on the parking system. (1) The parker is not constrained by the time limit on the meter and thus may park all day. This eliminates a parking space that could be used by several short-term parkers who are visiting the downtown area. These parkers are forced to either park in a less conveniently located parking meter or pay a much higher rate to park in an off-street parking facility. (2) No revenue is generated by the parking meter, which means that the City is not receiving a return on its investment in the parking meter. Because on-street parking meters are able to generate revenues that exceed the costs to operate them, they are useful devices in helping to provide financial support for the municipal parking program or for contributing excessive revenue to the City's general fund that can be used for non-parking operations." Please let me know if you or your colleagues have any questions regarding this material or if you would like Buffalo Place's Parking Committee to assist the council regarding this important matter. RECEIVED AND FILED NO. 72 BUS ROUTE THROUGH MLK PARK In response to your request for information concerning when Metro began routing buses through Martin Luther King Jr. Park, our bus route 15 began operating through the park on June 20, 1971. Whenever there are special events in the park, the NFTA-Metro corporates fully and re-routes our buses when necessary to not interfere with events. I hope this information is useful for the committee's interests. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 73 MASTEN COUNCIL DISTRICT VACANCY Pursuant to the Erie County Democratic Committee rules, a meeting of the Masten District Committee was held on Saturday, December 16, 2000 for the purpose of filling the vacancy for this district's council seat. During this meeting Antoine Thompson, of 34 Pansy Place in the city of Buffalo, received the majority vote by the committee members. It is the committee's recommendation that Mr. Thompson be appointed to fill the vacancy in the Masten council seat for the remainder of the term. RECEIVED AND FILED NO. 74 further concerns end of Parking fee exemptions for handicapped persons. In follow-up to my correspondence of 12-7; ' wish to express my further concern's pertaining to the Council's consideration of eliminating parking fee exemptions for handicapped persons. Should the Council decide to eliminate the exemption, it must beforehand determine a remedy for the consequences of this action in terms or the barriers handicapped individuals will experience in attempting to pay such fees at any and all parking situations where they will now be required to do so. Once again I would draw your attention to the scenario of a physically impaired person attempting to put coins in parking meters in today`s typical Buffalo winter weather. As one commutes through the city, it is not at all hard to notice City parking meters completely surrounded by knee deep or higher packed ice and snow, As an able bodied person, I have at times myself experience difficulties reaching parking meters under these conditions How is a person with a cane wheelchair of other physical impairment supposed to reach them? Should he Council move to eliminate the parking fee exemption, the City needs to put in place beforehand a means tested and not in any way burdensome system For pre-payment and it must assure that the Page 26 00-1226.txt now required physically currency payments be made accessible by physically impaired individuals who might not have access to these permits. I would draw the council's attention to recently enacted legislation in the State of New Jersey (s-827 Aug, 16, 1999), which requires the timely removal of snow from handicapped parking areas. As well, I would assume that the Council has considered any implications for it's present actions which might pertain to the American's with Disabilities Act. Once again, whatever the Council's action, the "City of Good Neighbors" must not place additional hardship on it's physically impaired residents and visitors. RECEIVED AND FILED PETITIONS NO. 75 A. ROWELL JR., AGENT, USE 1140 DELAWARE FOR A GROUND SIGN. (HRG. 01/02/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 76 B. BAUMKER, AGENT, USE 396 KENMORE AVENUE FOR AN ILLUMINATED POLE SIGN (HRG. 01/02/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 77 SUPP DESIGNATED ROUTE -WILLIAM ST BETWEEN KRETTNER & MILNOR STS Please file the Attached "Petitions to Designate Route" in honor of the late Frank E. Merriweather, Sr. for inclusion on the Common Council Agenda to be reviewed at the upcoming Session for farther action. Should you have any concerns regarding this request, please contact me at 851-4980. Sincerely, Barbara Miller-Williams REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS,THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE NO. 78 RENAMING NO JEFFERSON BRANCH LIBRARY REFERRED TO THE COMMITTEE ON FINANCE MERRIWEATHER JR LIBRARY Please file the attached petitions that was presented to my office, in favor of renaming the North Jefferson Branch Library, to the "Frank E. Merriweather, Jr. Library". Your assistance is greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE LIBRARY BOARD REGULAR COMMITTEES CLAIMS COMMITTEE (BETTY JEAN GRANT, CHAIRPERSON) CLAIMS COMMITTEE REPORT NO. 79 COMPROMISE AND SETTLEMENT OF Page 27 00-1226.txt ACTIONS FOR PERSONAL INJURY A1.Charlie Brown Jr.$ 1,500.00 $ 1,800.00 James A. Stephen That the above item be, and the same hereby is, returned to the Common Council without recommendation. Recommended by the Committee on Claims Chairman ADOPTED Ms. Grant moved: The approval of the claim of Charlie Brown Jr. in the amount of $ 1,500.00 and James A. Stephen in the amount of$ 1,800.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (480204) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, here in above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -BROWN, FISHER, FONTANA, GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS - 9 NOES - BONAFACIO, COPPOLA, GOL0MBEK - 3 NO. 80 COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A. *2.Dawn C. Bush$ 2,500.00 A. *3.Nancy Gordon$ 25,000.00 A. *4.John Harris$ 5,000.00 A. *5.Barbara Lewis$ 5,000.00 A. *6.Robert and Kimberly Swaydis$ 10,000.00 A. *7.Maurice D. Woods$ 7,000.00 (Councilmember Bonafacio is in the negative on A-7) That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if Any hereinabove above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. COUNCIL MEMBER BONIFACIO IN THE NEGATIVE ON ITEM 7A PASSED AYES -12 NOES - 0 NO. 81 DISCRIMINATION That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: B 1. Leroy Moses$ 12,000.00 B 2. Gwenndale Smith $ 100,625.00 (Fontana is in the negative on B2) That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Recommended by the Committee on Claims PASSED AYES -12 NOES - 0 Page 28 00-1226.txt NO. 82 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: C1.Mary Lynn Alfieri, 60 Tillinghast Place, 14216 Claim for damage to a gate and fence at 1512 Michigan Avenue on 6-2 1 -00 when City crews were demolishing an adjacent house on Michigan Avenue,$ 573.44 C 2. Tyrone Brown, 1112 East Delavan Avenue, 14215 Claim for money taken from claimant on 10-21-99 by the Buffalo Police Department at. Police Headquarters.$ 1,280.00 C 3. Samuel C. Campagna, 20 Colonial Circle, 14213 Kemper Insurance Companies A/S/0, P.O. Box 4780, Syracuse New York 13221 Claim for damage to a 1990 Bayliner boat on 6-4-00 at the Erie Basin Marina.While pulling the boat up to the fuel pump to get refueled claimant struck a pin which was protruding out from the side of the gas dock and it punctured the side of the boat.$ 613,44 C 4. Ronald J. Crawford, 107 Hamilton Street., 14207 Claim for five mountain bikes which were taken from claimant in 1998 by the Police Department and never returned to him. Burglary Task Force confiscated these bikes but subsequent investigation by the police indicated they should be returned to claimant, This was not done and the bikes were inadvertently sold at auction by the City. $ 450.00 C 5. Daniel Connors, 124 Coolidge Road, 14220 Claim for two separate incidents in which two tires on Mr. Connors 1994 Dodge Intrepid and a tire on his 1994 Buick Regal were ruined on the metal edge protruding from the curb on Coolidge Road. $ 195.43 C 6. Jeffrey D. Glaser, 31 Norman Avenue, 14210 Claim for paint damage to a 1992 Dodge Grand Caravan on 10-2-00 in the vicinity of 36 Norman Street. Sanitation workers were picking tip garbage when a can of paint accidentally spilled on the vehicle. $ 233.93 Carolene Chung Jones, 88 Nicholson Street, 14214 Claim for damage to a 2000 Ford Focus on 8-9-00 on Nicholson Street. Green paint was leaking out of a garbage truck onto the street. Ms. Chung Jones had to drive over this and some of the paint splashed up on her vehicle.$ 436.99 C 8. Noel Kuehn, 109 Third Avenue, North Tonawanda New York 14120 Claim for a 1988 Buick Electra which was sold by the Dart Street Impound Garage at auction on 7-19-00. The vehicle was impounded on 5-26-00 as being involved in a hit and run accident. The accident investigation unit was never notified to check the vehicle and the computer brought it up for auction.$ 1,000.00 C 9. Thomas Leatherwood, 104 Barthel Street, 14211 Progressive Insurance Company A/S/O, 3332 Walden Avenue, Depew New York 14043 Claim for damage to the trunk of a 1994 Chrysler on 8-2-00 at 104 Barthel Street, A large branchfrom a City owned tree fell on the vehicle causing substantial damage. The tree had been previously reported to the City as being hazardous.$ 1,456.49 C 10. Marysue Rogers, 21OPottersRoad, 14220 Claim for damage to a 1993 Plymouth Voyager on 5-14-00 on Potters Road.A City owned tree fell on the vehicle. The City Forester had previously looked at the trees in this area and was aware of some problems,$ 250.00 C 11. Nadirah Sanders, 271 Newburgh Avenue, 14215 Page 29 00-1226.txt Claim for a 1987 Buick Electra which was mistakenly sold by the City in April 1999. The vehicle had been reported stolen and was recovered by the Police Department and brought to the Dart Street Impound Garage. Mr. Sanders was never notified of the recovery of his vehicle, $ 2,125.00 C 12.Thomas J. Sheehy, 42 Coolidge Road, 14220 Claim for damage to a tire on 7-27-00 at 42 Coolidge Road due to metal protruding from the curb. The condition of the curbs on Coolidge Road and at this particular location have been reported to the City Clerk's Office as a hazardous condition at least three time in the last five year. $ 99.20 C 13.Shiloh Senior Homes, 233 East. Eagle Street, 14204 Claim for a window broken at 62 Pine Street on 6-19-00 by a rock thrown by a Parks Department lawnmower. $ 70.20 C 14.Marketta Thomas, 5 53 #A Allenhurst Road, Buffalo New York 14226 Claim for a 1995 Ford Taurus which was taken from claimant in February of 2000 by the Amherst Police Department. Claimant purchased the vehicle at the City Impound Garage auction. The vehicle was subsequently returned to Pennsylvania where it had been listed as a stolen vehicle. $ 4,512.88 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Recommended by the Committee on Claims PASSED AYES -12 NOES - 0 NO. 83 ADDITIONAL COSTS D1. C. Nichter, Inc., 30 Wildwood Drive, Lancaster New York 14086 This is a claim for additional costs incurred by the contractor for the Main-Tupper Police Precinct. The start of the construction of the building was delayed until May of 1999 instead of March because of snow stockpiled on the site by others, demolition of an adjacent structure and design changes made by the City Preservation Board. Contaminated soil and other unsuitable fill material had to be removed from the site. The original completion date was to be Thanksgiving 1999. This claim is for those costs associated with providing temporary heat from November of 1999 through April 2000, including erecting a temporary enclosure to permit completion of the exterior masonry. This item has been approved by the consulting architect, Foit-Albert Associates. The costs appear to be fair and equitable and the City architect's office is in favor of paying this claim. The Corporation Counsel recommends payment in the amount of $ 53,397.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Recommended by the Committee on ClaimsChairman ADOPTED The approval of the claim of C. Nichter., Inc. in the amount of $ 53,397.00 is hereby denied That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (480204) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Page 30 00-1226.txt DENY AYES -12 NOES - 0 NO. 84 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid. E 1. Compucom Systems Claim for payment of prior fiscal year Invoice #83417611 for the purchase of a Hewlett Deskjet Printer for Parking Enforcement. $ 427.73 E 2. Frey The Wheelman, Inc. Claim for payment of prior fiscal year Invoice #519739 for services rendered to the Fire Department on 3-21-00.$ 38.50 E3. Metro Electrical Construction Claim for payment of prior fiscal year Invoice #14482 for services rendered to P/W Parks and Streets. The invoice is for cable, hole strap, tape, tire wire connectors and circuit breakers. $ 799.00 E4. North American Detectors, Inc. Claim for payment of prior fiscal year Invoice #24530 for services rendered to the Fire Department on 6-14-00. The invoice is for the repair of eleven portable hand held CO detectors. $ 420.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Recommended by the Committee on Claims PASSED AYES -12 NOES - 0 NO. 85 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claims be paid: F1. Edward L. Belton, 106 Bakos Boulevard, 14211 Claim is for a mailbox and post damaged by a snow plow at 106 Bakos Boulevard on 3-12-00.$ 214.92 F 2. Lionel D. Davis, 229 Bakos Boulevard, 14211 Claim is for damage to a post and mailbox by a snow plow at 229 Bakos Boulevard. $100.00 F 4. Henry Zaprzal, 89 Liddell Street, 14212 Item No. 75, C.C.P., 10-17-00 Claim for sidewalk and lawn damage at 89 Liddell Street on 8-8-00 by a Sanitation Truck picking up garbage. $ 100.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Recommended by the Committee on Claims Betty Jean Grant, Chairman ITEM # F3 James Pajak $7,702.11 was approved at a previous Council Meeting and is therefore Received and Filed PASSED AYES -12 NOES - 0 CIVIL SERVICE BARBARA MILLER-WILLIAMS, CHAIRPERSON Page 31 00-1226.txt NO. 86 APPOINTMENT BUDGET EXAMINER (MAX) (POL) (ITEM NO. 55-C.C.P. DEC. 12, 2000) That Communication 55, Dec. 12, 2000 be received and filed and the temporary appointment of Frank J. Faber stated above at the maximum salary of $46,224 effective on December 4, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 87 APPOINTMENT REPORT TECHNICIAN (MAX) (POL) (ITEM NO. 56-C.C.P. DEC. 12, 2000) That Communication 56, Dec. 12, 2000 be received and filed and the temporary appointment of Deborah R. Zdon stated above at the maximum salary of $28,758 effective on November 27, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 88 APPOINTMENT TYPIST (MAX) (ITEM NO. 57-C.C.P. DEC. 12, 2000) That Communication 57, Dec. 12, 2000 be received and filed and the permanent appointment of Barbara Zak stated above at the maximum salary of $26,505 effective on December 11, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 89 NOTICES OF APPOINTMENTS-TEMP./PROV./PERM. (C. CLK-) (CCP#77-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 90 LIGHTED SCHOOLHOUSE PROGRAM 2000-01 (ITEM NO. 190,C.C.P.,DEC 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the above mentioned item be and the same is hereby adopted ADOPTED NO. 91 RESULTS OF NEGOTIATIONS - 243 AND 245 KENSINGTON AVENUE (ITEM NO. 15, C.C.P., OCT. 31, 2000) (ITEM NO. 128, C.C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 92 Page 32 00-1226.txt RESULTS OF NEGOTIATIONS - 253 TOWNSEND STREET (ITEM NO. 14, C.C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the offer from Mr. Dwight Daniels, residing at 86 Zelmer Street, in the sum of Five Hundred Dollars ($500.00) for the sale of 253 Townsend 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 -12 NOES - 0 NO. 93 RESULTS OF NEGOTIATIONS - 212 WYOMING STREET (ITEM NO. 21, C.C.P., OCT. 31, 2000) (ITEM NO. 129, C. C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 94 SALE/ LEASEBACK OF 1731-33 SENECA, 497 SOUTHSIDE PARKWAY (ITEM NO. 5 9, C. C. P., DEC. 2000) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 95 SALE/LEASE BACK-2930-2950 BAILEY AVENUE (COMPT.) (CCP#20-JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 SALEALEASE BACK-2930-2950 BAILEY AVENUE (COMPT.) (CCP#33 SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 SALE/LEASE BACK-2930-2950 BAILEY AVE. (LAW) (CCP#58-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 SALE/LEASE BACK-2930-2950 BAILEY AVENUE (LAW) (CCP#57-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 TRUE BETHEL BAPTIST CHURCH - ACQUISITION OF 556 & 558 Page 33 00-1226.txt WINSLOW AND 889 WOODLAWN (ITEM NO. 171, C. C. P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Recommended by the Committee on Finance Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 100 Bflo. Utility Franchise Agreements (Compt.) (CCP#3 2-Oct. 3 1, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 101 Bflo. Utility Franchise Agreements (A&F) (CCP459-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 102 City Acquisition of the Community Springboard Facility - 1415 Fillmore Avenue (Item No. 179, C.C.P., Dec. 12, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 103 Funding for the Glenny Park Field House Project (Item No. 63, C.C.P., Nov. 28, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 104 Install. A"Park Sign"-McCarthy Park's E. Amherst St. Entrance (CCP#187-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 105 Change Prospect Park to Carl A. Perla Jr. Park (Item No."7" C.C.P., December 12, 2000) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Bonifacio, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -In Favor: Fr. Anthony Rigoli, Peter Savage, Ralph Hernansez and Michael Flynn Opposed: Patricia Duffy, Richard Kern Mrs. LoTempio moved that the hearing be closed. Seconded by Ms. Gray. CARRIED. Mrs. LoTempio now moved that, after the required public hearing held by this Common Council, the above item be and the same hereby is Page 34 00-1226.txt approved. Seconded by Mr. Bonifacio. PASSED. AYES - 12 - NOES - 0 No. 106 Naming of Dedicated City Streets at Frederick Douglass Towers (Item No.G1, C.C.P., December 12, 2000) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Bonifacio, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: none Opposed - none Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Bon1faclo. CARRIED. Mrs. LoTempio now moved that, after the required public hearing held by this Common Council, the above item be and the same hereby is approved. Seconded by Mr. Bonifacio. PASSED. AYES - 12 - NOES - 0 No. 107 Salvatore Mistretta, Petition to Use 317 East Delavan - One Family Dwelling/Day Care Center (Item No. 92, C. C.P., Dec. 12, 2000) That after the public hearing before the Committee on Legislation on December 19, 2000, the petition of Salvatore Mistretta, owner, for permission to use 317 East Delavan for a one family dwelling/day care center be, and hereby is approved subject to Zoning Board of Appeals and Preservation Board approval. Passed. AYES - 12 - NOES - 0 No. 108 R. Harper, Petition to Use 1963 Fillmore Avenue - Billboard Sign (Item No. 93, C.C.P., Dec. 12, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Moved: That after the public hearing before the Committee on Legislation on December 19, 2000, the petition of R. Harper, agent, for permission to use 1963 Fillmore Avenue for a billboard sign be, and hereby is Denied No. 109 Local Law Intro. No. 14 (2000) Exempt Appointments (Item No. 169, C.C.P., Dec. 12, 2000) That the Local Law Introductory No. 14 (2000) as contained in Item No. 169, C.C.P., December 12, 2000, be and the same hereby is approved. Passed AYES - 12 - NOES - 0 No. 110 D. Ryan - Use 1896 Fillmore Avenue - Billboard Sign (Item No. 57, C.C.P., Nov. 28, 2000) (Item No. 13 3, C. C. P., Dec. 12, 2000) Page 35 00-1226.txt That after the public hearing before the Committee on Legislation on December 5, 2000, the petition of D. Ryan, for permission to use 1896 Fillmore Avenue for a billboard sign be, and hereby is denied. DENY No. 111 Mark Dean - Appeal Plan. Bd. Decision - Linwood Church of Christ - 2523 Main Street (Item No. 53, C.C.P., Nov. 28, 2000) (Item No. 15 1, C. C. P., Dec. 12, 2000) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation, ADOPTED. No. 112 Permit Fees (A&F) (CCP#70-May 30, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 113 Ord. Amend. -Chapter-454-Tow Trucks (Hrg. 9/12) (CCP#246-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 114 Ord. Amend. -Boilers/Engineers (4211,4/4) (CCP#157-Apr. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 115 Grape Street Signage Request (CCP#275-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 116 Grape Street Signage Request (PW) (CCP#46-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 117 Change Pkg. Restrictions-Race St. (CCP#175-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 118 Req. For "STOP" Sign on Tacoma Ave. at Norwalk (CCP#172-Oct. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 119 Req.- Stop Sign-Tacoma Ave. at Norwalk Ave. (PW) (CCP#52-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 120 Page 36 00-1226.txt L. Beahan-Sierra Club-Var. Issues-Coal Burning Elec. Power (CCP#89-May 30, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 121 C. Moore, IBEW Loc. #41-Candela Systems-Ph. VI-Energy. Proj. (#80,,5/2) (CCP#149-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 122 C. Moore, Concerns, Phase VI, Energy Mgmt. Project (PW) (#29,5/16) (CCP# I 50-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 123 C. Moore, IIBEW L*41, Candela Sys.-Ph VI, Energ. Mgmt. Proj. (#57,5/30) (CCP# 15 1 -June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 124 A. Barnes-Prob. -Garbage Pickup in Delevan-Grider Area (CCP#49-Nov. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 125 A. Bames-Garbage Pick Up in Delevan Grider Area (PW) (CCP#37-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 126 Entranceway in Right of Way - 540 Elmwood Avenue (Item No. 44, C.C.P., Dec. 12, 2000) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Jon DiBernardo, owner of LeMetro Restaurant, located at 540 Elmwood Avenue, to install a temporary entranceway, which would encroach city fight-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the entranceway be installed exactly as shown on plans submitted to and approved by the Department of Permits & Inspection Services. 3.That the entranceway be completely removed from City right-of-way from November 15 to April I each year. 4.That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said entranceway. 5.That the applicant follows the conditions provided by the City Planning Board. Passed. AYES - 12 - NOES - 0 No. 127 Page 37 00-1226.txt Restaurant Dancing Class III - 621 Main Street (Item No. 24, C.C.P., Nov. 28, 2000) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III license to John Bill, d/b/a Empire Brewery of John Bill, located at 621 Main Street. Passed. AYES - 12 - NOES - 0 No. 128 Second Hand Dealer - 63 Allen Street (Item No. 26, C.C.P., Nov. 28, 2000) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Harold Richardson, d/b/a Harold's Curiosity Shoppe located at 63 Allen Street. Passed. AYES - 12 - NOES - 0 No. 129 Second Hand Dealer - 1022 Broadway (Item No. 27, C.C.P., Nov. 28, 2000) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Patti Bolser, d/b/a Rent-A-Center #0 1896 located at 1102 Broadway. Passed. AYES - 12 - NOES - 0 No. 130 Second Hand Dealer - 2202 Seneca Street (Item No. 3 3, C. C. P., Nov. 2 8, 2000) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Patti Bolser, d/b/a Rent-A-Center #0 1899 located at 2202 Seneca Street. Passed. AYES - 12 - NOES - 0 No. 131 Maint. Of 37 Prop. Owned by BNRC-Fillmore Dist. (Strat. Pl.) (CCP# I I -Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED Community Development (Beverly A. Gray, Chairperson) No. 132 FY 2000 Consolidated Plan/Adv. Cmts.-Public Svs. Cap (C. Pres.) (CCP#32-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 133 Department of Justice Local Law Enforcement Grant - Year 5 (Item No. 6, C. C.P., Dec. 12, 2000) That the Mayor be, and he hereby is authorized to accept on behalf of the City the award of the Year 5 Department of Justice Local Law Enforcement Grant as listed in the above communication, totaling $1,151,037, with a required local match of 10%. Passed. AYES - 12 - NOES - 0 Page 38 00-1226.txt No. 134 Environmental Issues (CD) (CCP#30-Feb. 22, 00) That the above item be and the same hereby is received and filed, ADOPTED No. 135 Broadway-Fillmore Work Force Dev. Prog. (# 15 5,2/22) (CCP#157-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 136 C. Cummings, Broadway Fillmore Work Force Dev. Prog. (#74,4/4) (CCP#160-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 137 C. Cummings, Resp.- Broadway Fillmore Work Force Dev. Prog. (#99,4/18) (CCP#161-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 138 C. Cummings, Info.-Workforce Investment Board (#77,5/2) (CCP#162-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 139 C. Cummings, Info.-Member List-Workforce Inv. Bd. (#93,5/30) (CCP#163-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED Transfer of Title, Urban Homestead - 20 Guernsey Street (Item No. 16, C. C.P., Dec. 12, 2000) That the city-owned property commonly known as 20 Guernsey 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 Ms. Gloria Notaro, residing at 26 Guernsey 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 - 12 - NOES - 0 No. 140 Transfer of Title, Urban Homestead - 20 Guernsey Street (Item No. 16, C.C.P., Dec 12, 2000) That the city-owned property commonly known as 20 Guernsey, 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. Gloria Notaro, residing at 26 Guernsey, 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 - 12 - NOES - 0 No. 141 Transfer of Title, Urban Homestead - 36 Northumberland Page 39 00-1226.txt (Item No. 13, C. C.P., Oct. 3, 2000) That the city-owned property commonly known as 36 Northumberland, 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. Yvette Bishop Hamler, residing at 38 Northumberland, 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 - 12 - NOES - 0 No. 142 Transfer of Title, Urban Homestead - 100 Northampton Street (Item No. 19, C. C.P., Dec. 12, 2000) That the city-owned property commonly known as 100 Northampton 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. Kenneth Darden, residing at 100 Northampton 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 - 12 - NOES - 0 No. 143 R. Cummings, Sr.-Oppose MLK Jr. Park Fishing Pond Project (CCP487-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 144 Concerns re: Vacant Prop. In University Dist. (Permit/Insp.) (CCP#58-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No.145 Est. Supermkt.-Wm. Gaiter Pkwy. Near Kensington Ave. (CCP#159-Oct. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 146 Est. Supermkt.-Wm. Gaiter Pkwy. Near Kens. Ave. (BERC) (978,10/3 1) (CCP#167-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 147 L. Renford- Shooting at School #61 (CCP#77-Oct. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 148 Fr. A. Martin, St. Phillip's Ep. Church-Dr. Lydia T. Wright (CCP#92-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED Special Committees POLICE REORGANIZATION & OVERSIGHT COMMITTEE Page 40 00-1226.txt (Dominic J. Bonifacio, Jr., Chairman) No. 149 M. Herbold & Var. Blk. Clubs-Neighborhood Concerns (CCP#102-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 150 Block Club Conerns (Pol) (CCP#60-Oct. 31, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 151 M. Badger, Bethesda Full Gospel Ch.-Elim. Drug Traffic (Pol) (CCP#28-Oct. 17, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 152 M. Badger, Bethesda Full Gospel Ch.-Elim. Drug Traffic (CCP#78-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 153 Status-Unsolved Homicides in COB (#162,5/16) (CCP#222-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 154 Status-Unsolved Homicides in COB (Pol) (#45,6/13) (CCP#223-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 155 B. Grant-C. Speers-Inq. -Call for Asst. in Shoshone Pk. (CCP#91-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 156 B. Grant-C. Speers-Inq. -Call-Asst. -Shoshone Pk. (Pol.) (CCP#3-Oct. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 157 E. Pollinger, Pros. TF-Req. React-"Operation Johnny" (CCP#56-Nov. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS No. 158 Mr. Brown: Bond Resolution $10,000,000 Bonds Richardson Complex Reconstruction/Kensington Heights Account 7900 Page 41 00-1226.txt Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $ 10,000,000 General Improvement Bonds of said City, to finance the cost of the Richardson Complex Reconstruction/Kensington Heights, at the estimated maximum cost of $10,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (the "City"), is hereby authorized and directed to issue General Improvement Bonds of the City in the principal amount of Ten Million Dollars ($ 10,000,000), pursuant to the provisions of the Charter of the City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of constructing and reconstructing buildings at the Richardson Complex (Buffalo Psychiatric Center) including the Olmsted School, and buildings #9, #10 and #13, including original furnishings, equipment, machinery or apparatus required for the purposes for which such reconstructed buildings are to be used. The estimated maximum cost of said class of objects or purposes for'Which the bonds authorized by this Bond Resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $10,000,000, as set forth in the duly adopted Capital Improvements Budget of the City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this Bond Resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Richardson Complex Reconstruction/Kensington Heights", Bond Authorization Account No. 7900, and shall be used for the class of objects or purposes specified in Section I of this Bond Resolution. Section 3. The City expects to pay certain capital expenditures in connection with the above-referenced project prior to the issuance of bonds for the project. The City may use temporary funds that are available on a short-term basis to pay for such expenditures. The City reasonably expects that it will reimburse itself for the use of such funds with the proceeds of the bonds. The maximum amount of the bonds expected to be issued is $10,000,000. This Bond Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. I L(b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this Bond Resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this Bond Resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this Bond Resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Law. Said bonds and said notes shall be general obligations of the City payable as to both principal and interest by a general tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and Page 42 00-1226.txt said notes. Provision. shall be made annually by appropriation by the City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this Bond Resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of this Bond Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provision of the constitution. Introduced: December 26, 2000 LAID ON THE TABLE NO. 159 BY: MR. BROWN ORDINANCE AMENDMENT CHAPTER 454 - TOW TRUCKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 454 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I GENERAL TOWING  454-1. Intent and Definitions. A.It is the intent of the City of Buffalo, through the enactment of this ordinance, to regulate instances of towing in the City of Buffalo in order to promote safety and responsibility within the streets and highways of the City of Buffalo. The public interest is served by the licensing of towing companies and vehicles in order to properly identify tow trucks and to protect the citizens of the City from abuse and mistreatment. B.As used in this [chapter] ~~, the following terms shall have the meanings indicated: PERSON - Includes any individual, partnership, firm, corporation, association, company or organization of any kind. TOWING (COMMERCIAL) - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved. in accidents by another motor vehicle, for which there is direct or indirect compensation. TOW TRUCK OWNER - Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo.  454-2. License required. A. It shall be unlawful after the effective date of this chapter for any person to conduct the business for compensation of owning and operating or causing to be operated a tow truck within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. B.Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. C.It shall be unlawful after the effective date of this chapter for any person to operate a tow truck for compensation within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. It shall not be necessary, however, for a person who does not maintain a place of business within the City of Buffalo to obtain such a license for the purpose of providing a towing service that either originates or terminates outside of the City of Buffalo.  454-3. Application for license. Page 43 00-1226.txt Applications for licenses required by this chapter shall be made upon forms provided by the [Director of Housing and Inspections] Department of Permit and Inspection Services of the City of Buffalo, shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or corporation or similar organization and shall set forth the following: A.If a person, the name and address of the applicant. B. If a partnership, the name, residence and business address of each partner. C. If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of New York, and in either event, the names of the principal officers, directors or other authorized agents, their residences and business addresses.i-4 D.If an organization of any other kind, the authorized agents for said organization and their residences and business addresses. E.Photocopies of New York state driver's licenses of all drivers. F.Affidavits attesting that the drivers have no criminal record or a full disclosure of an prior criminal history and an authorization for a criminal background check  454-4. Issuance of license. The [Director of Housing and Inspections] Commissioner of Permit and Inspection Services shall forward such application for a license, along with [other pertinent information], to the Department of [Public Works] Police of the City of Buffalo; and after an investigation [and favorable report] by said Department, the [Director of Housing and Inspections] Commissioner of Permit and Inspection Services, upon payment of the proper fee and provided, further, [that he is reasonably satisfied that the applicant is a responsible individual or organization, that the individuals concerned are of good character and] that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, shall issue a license to the tow truck owner or applicant. A license may not be issued to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety.  454-5. Display and transferability of license. A. Upon the issuance of such license, the holder thereof shall be allowed to operate a tow truck for compensation within the City of Buffalo, provided that he conspicuously displays in clear and legible letters of at least two (2) inches in height on both doors of the tow truck the owner's name, business location and telephone number and the number of his license or otherwise identifies himself as a holder of a valid license from the City of Buffalo; and provided, further, that such license number or other identification of the license holder is displayed conspicuously in clear and legible letters of at least four (4) inches in height on both doors of the tow truck. B. No license issued under this chapter shall be transferable or assigned or used by any other person other than the one to whom it is issued. C. Any person violating the provisions of this Section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code.  454-6. License fees; expiration. The biennial license fee for doing business as the owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April I following the date of issuance.  454-7. Renewal of license. An application for renewal of a license shall be filed and the fee therefor paid on or before the 15th day of March biennially.  454-8.Revocation of license. Page 44 00-1226.txt The [Director of Housing and Inspections] Commissioner of Permit and inspection Services may revoke a license issued under this chapter upon a hearing, after a reasonable written notice of the time and place of such hearing, for cause and particularly if he finds that the licensee has made any materially false or incorrect statements in the application or if he finds that the licensee has failed to comply with any of the provisions of this chapter or any other statute, regulation or ordinance relating to the operation and/or ownership of tow trucks.  454-9. Responsibilities of licensee. Anyone holding a valid license for the ownership and/or operation of a tow truck under this chapter, when responding to a call for his services, shall cooperate fully with all lawfully constituted authorities and shall immediately remove any vehicles that may be a traffic hazard and shall immediately remove or cause to be removed any debris or dislodged parts of motor vehicles which may have been deposited on any of the streets of this city because of the incident for which his services were required. ARTICLE 11 AUTHORIZED CITY TOW TRUCKS 454- 10. Purpose and applicability. A.It is the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo, to supervise and control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets located in the City of Buffalo. B.The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that: (1)The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation: and (2)The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation. C.Services provided by an authorized City tower not specifically covered by this chapter shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the vehicle. 454-11.Definitions. As used in this article, the following terms shall have the meanings indicated: ABANDONED VEHICLE - A vehicle as defined in ~1224 of the Vehicle and Traffic Law of the State of New York. ACCIDENT - Any incident or occurrence in which one (1) or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle. AUTHORIZED INVOICE - An invoice approval by the Department of Permit and Inspection Services which contains: A.The name, address and telephone number of an authorized City tower. B.The logo of a nationally recognized credit or debit card. C.A list of current towing charges of the authorized City tower. AUTHORIZED CITY TOWER - A towing company which has been approved b the Police Department, the Division of Parking Enforcement and the Department of Permit and Inspection Services to tow vehicles on behalf of the City of Buffalo. AUTHORIZED TOW TRUCK - A specially equipped vehicle designed for the towing o pushing of. disabled vehicles and which is: A.At least one (1) ton commercially built wrecker body. B.Equipped as set forth in 454-18 of this chapter. C.Registered as a tow truck with the New York State Department of Page 45 00-1226.txt Motor Vehicles. CITY - City of Buffalo. DEPARTMENT OF PERMIT AND INSPECTION SERVICES - The Commissioner of the Department of Pen-nit and Inspection Services of the City of Buffalo or any other member of Department designated by the Commissioner of the Department of Permit and Inspection Services to perform duties under this chapter. DIVISION OF PARKING ENFORCEMENT - The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated b-y the Director of the Division of Parking Enforcement to perform duties under this chapter. DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of section 501 of the Vehicle and Traffic Law. HEAVY TOW TRUCK - An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum Gross Vehicle Weight Rating (GVWR) of ten thousand (10,000) pounds. LETTER OF AUTHORIZATION - A document signed by the Commissioner of Permit and Inspection Services authorizing a towing company to provide service for the City of Buffalo Police Department and which: A.Is annually renewable. B.Specifies all the terms an authorized City tower must abide by. C.May be rescinded by either party upon giving the other party twenty-four (24) hours' prior written notice. D.May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such letter. POLICE DEPARTMENT - The Commissioner of Police of the City of Buffalo or any of the member of Police Department designated by the Commissioner of Police of the City of Buffalo to performing duties under this chapter. TOWING - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. 454-12.Circumstances for removal of vehicles. The Police Department or the Division of Parking Enforcement may direct. the removal of vehicles in the following circumstances: A. When any vehicle is parked or abandoned on any highway within the City during snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned. B.When any vehicle is found or for any reason disabled on any highway within the City wheresaid vehicle constitutes an obstruction to traffic. C. When any vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited. D. When any vehicle is disabled and rendered inoperable for any reason upon a public highway or right-of-way. E.When any vehicle is parked on private property without the consent of the owner of such property. F.When the driver of such vehicle has been arrested and taken into custody and the vehicle must be removed from the public highway or from private property other than the driver's, or when the vehicle must be removed to ensure the safety of the vehicle and its contents. 454-13.Authorization to tow required. No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been approved by the Department of Pen-nit and Inspection Services and the Police Page 46 00-1226.txt Department as an authorized City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division. 454-14.Duties of Department of Permit and Inspection Services. The Department of Permit and Inspection Services is hereby authorized to: A.Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers. B.Solicit the input of the Police Derpartment as to which towing companies should be designated as authorized City towers. C. Determine, in cooperation with the Division of Parking Enforcement, the policy an procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter. 454-15.Application for letter of authorization. A.An application for a letter of authorization shall be made upon forms made available the Department of Permit and Inspection Services. Such application shall include the following information: (1) The name, address and telephone number of the business. (2) The name of the owner of the business, his address and telephone number. (3) The name, address and telephone number of the contact person at the business. (4) The location and size of the storage area, along with the location and size of an alternate or additional storage areas. (5) The hours the storage area is supervised. (6) The height and type of construction of fence surrounding the storage area. (7)A description of the trucks and the owners' names (including year, make, model, vehicle identification number and New York State registration number). (8) The number and types of trucks available for towing. (9) The number, names, addresses and dates of birth of drivers available for tow (10) The flatbeds available (11) The dollies available. (12) A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel. (13) Visa Card and MasterCard contracts (copies). (14) References. (15) A resume of business/towing experience and training. (16) Permission for the Buffalo Police Department to conduct a fingerprint criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DCJS) along with the appropriate processing fee. All processing fees are to be paid by the applicant and the only authorized method of payment will be a United States Postal or American Express money order made out to the Division of Criminal Justice Services. Authorization ma not be granted to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a Pattern of disregard for vehicle safety. (17) Permission shall be granted by the applicant for an unannounced onsite inspection of the applicant's premises by the Police Department. (18) An affidavit attesting that either the applicant has no criminal background or the applicant's complete criminal history has been disclosed to the Department of Permit and Inspection Services. Page 47 00-1226.txt B Term of letter of authorization. (1)If a towing company is designated as an authorized City tower, such firm will be issued a letter of authorization, which will expire one (1) year from the date of issuance. Reissuance of such letter of authorization will be based on the past performance of said towing company and on continued compliance with all the provisions of this chapter. (2)The letter of authorization represents an agreement to provide towing, service to the City of Buffalo for one (1) year, The Department of Permit and Inspection Services ma renew this letter annually without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers. (3)Nothing in this chapter shall prohibit a towing company from reapplying for designation as an authorized City tower. C.In the event any of the information required by the application should change the applicant must notify the Department of Permit and Inspection Services and advise them of such change. It is the responsibility of the towing company to keep all information on file up to date. 454-16: License and registration fee. A. To qualify as an authorized City tower, each towing company shall remit a biennial license fee of fifty-two dollars and fifty cents ($52.50) to the City per zone. B. Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee of one thousand dollars ($ 1,000.00) to the City per zone. C. The letter of authorization shall not be transferable and the registration fee shall not be prorated. D.The registration fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April I following the date of issuance. 454-17.Minimum requirements for designation as authorized City tower. A.A towing company must meet the following minimum requirements before it will be considered as an authorized City tower: (1)The applicant's towing company, tow trucks and drivers must be equipped and licensed in accordance with this chapter. (2)All of the requirements of this ch4pter must be successfully met, an approved application must be received and all information and data contained therein must lie verified b the Department of Permit and Inspection Services. (3)The proper and necessary insurance certificates must be obtained and submitted to the Department of Permit and Inspection Services. (4) The applicant must own or lease a facility that complies with the Provision of 454-19 of this chapter. (5)The facility and property must be at a location that is zoned Properly for such type of business and must comply with all laws of the City, the County of Erie and the State of New York. B.An authorized City tower must also meet the following requirements: (1)The City tower must provide rapid service, which means the tower must respond within thirty (30) minutes. (2)The City tower must have a storage lot as specified in 054-19 of this chapter. (3)There must be a building or other acceptable office facility on the storage site. (4)The office shall be staffed, at the minimum, at the following times:-Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s) for twenty-our (24) hour retrieval must be-posted Page 48 00-1226.txt in a conspicuous place on the storage site. (5)The City tower must utilize an authorized invoice containing the address, phone numbers and fee schedule of the authorized City tower. (6)The City tower must maintain at least two (2) tow trucks per zone. (7)Vehicles shall be subject to periodic inspection by the Police Department and/or the Department of Permit and Inspection Services. (8)Rates charged shall not exceed the rates set forth in 454-24 of this chapter. (9) The City tower shall be authorized to take vehicles only to a pre-designated area, unless authorized emergency storage is ordered by the Police Department or the Division of Parking Enforcement, if the owner or operator of such vehicle does not identify an alternate storage location. (10) The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed unless specifically authorized by the Police Department or the Division of Parking Enforcement. C.An authorized City tower shall as a condition to being designated as an authorized City tower,agree to accept and abide by all of the terms of this chapter. 454-18* Required minimum equipment. Authorized tow trucks shall have the following minimum equipment on board at all times A.Amber lights, as defined in 375, Subdivision 41(3) of the Vehicle and Traffic Law of the State ofNew York. B.A carbon dioxide or dry powder fire extinguisher with a minimum capacity of ten (10) pounds. C.One (1) dozen red railroad-type flares {thirty (30) minutes} D.A safety chain. E.A shovel. F.A broom. G. A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift. H. A dolly with wheels. I. One (1) pair of chains eight (8) feet in length with J hooks and T hooks attached. J.A tow block (m4y use a four-foot piece of a wooded four-by-four, if no wheel lift is available). K.Scotch blocks. L.A trailer for motorcycles, all-terrain vehicles, snowmobiles (a flatbed would satisfy this requirement). M.Trucks must be clearly marked with the name, address and telephone number of the towing company in at least two-inch letters on both doors of the truck. N.Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck. 0.If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the Police Department. W4-19.Storage of towed vehicles. A.Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by chain link or stockade fence at least six (6) feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fencedlot. B.Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to light the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition. Page 49 00-1226.txt C. The minimum storage capacity on the actual site of the business must be no less than ten (10) vehicles. The authorized City tower just have alternate temporary storage available to him for additional ten (10) vehicles: such temporary storage must be approved by the Department of Permit and Inspection Services and must be in a fenced and secure area. D.Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within twenty-four (24) hours of the incident. E.The City will assume ownership of all abandoned vehicles pursuant to 1224 of the Vehicle and Traffic Law of the State of New York. F.Upon obtaining ownership of abandoned vehicles said vehicles will be disclosed of in accordance with  1224 of the Vehicle and Traffic Law of the State of New York. The tower maybe directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles., G.The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be fifty dollars ($50). H.In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received. I.Towers must establish contact in a timely manner with the registered owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party is not present at the scene of the tow. Information on storage rates should also be conveyed at that time. 454-20.Removal of towed vehicles; records. A.The authorized City tower shall, without delay, report to the Police Department 911 Lieutenant at (716) 851-4549 the removal and disposition of any vehicle removed as provided in this chapter. B.Towers shall keep accurate and orderly records of all vehicles towed, in a manner prescribed by the Division of Parking Enforcement. 454-2 1. Release of vehicles. The Division of Parking Enforcement will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles. 454-22.Conversion of vehicles to City use. Any vehicle towed pursuant to this chapter or otherwise caused to be towed by the City which shall become an abandoned vehicle may be converted to City use pursuant 1224, Subdivision 6 of the Vehicle and Traffic Law of the State of New York. 454-23.Tow zones. A.The Police Department is hereby empowered to establish tow zones within sixty (60) days from the effective date of this chapter. These zones should be designed to ensure the best towingcoverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. The Police Department may amen the zones as required by circumstances. B. During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than ten (10) consecutive days without authorization from the Common Council. C.The Police Department shall retain the discretion to determine whether a tower is qualified to perform any -particular tow at Page 50 00-1226.txt the scene of such tow. 454-24.Rate schedule. Authorized City towers shall not charge more than the following rates for the following respective services: A.Passenger vehicles and light trucks; (1)Standard two vehicles up to ten thousand pounds $80.00 (2)Flat bed $90.00 (3)Additional fees for labor, recovery and towing (a) Truck and driver hourly rate$75.00 (b)Dolly wheels $25.00 Trailer for motorcycle, ATV/C, snowmobile $20.00 (d)Wincing {per one-fourth 1/4hour}$20.00 (4)Storage (per day) $20.00 Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays $20.00 454-25.Inspections. A.Storage area and tow trucks. Upon receipt of a properly completed application, the Department of Permit and Inspection Services shall direct the application to be reviewed and an on site inspection of the storage area and tow truck(s) to be conducted by the Division, the Police Department and the Fire Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, t e Police Department and the Fire Department shall either recommend approval or denial of the application to the Director of Permit and Inspection Services. B.Periodic inspections. The Police Department will make quarterly on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The result of this inspection will be made part of the towing company's permanent file. C. Compliance. Towers will have fifteen (15) days to bring any deficiency noted during a inspection into compliance with the provisions of this ch4pter. Failure to do so will be grounds for cancellation of the letter of authorization.  454-26. Monthly audit. An authorized City tower shall provide copies of any receipts to the Department of Pen-nit and Inspection Services on a monthly basis. This will be accomplished by providing the Division with copies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Department and/or the Division of Parking Enforcement during the previous month. 454-27.Revocation of letter of authorization. An authorized City tower may be removed from service by Police Department and/or the Division of Parking Enforcement via the process of rescinding the letter of authorization prior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization.  454-28. Appeal and hearing. In the event that the Police Department and/or the-Division of Parking En 6rcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Department of Permit and Inspection Services, in accordance with the following provisions: A.Refusal, revocation or suspension of a letter of authorization shall be determined by the Department of Permit and Inspection Services after a hearing held pursuant to the notification procedure listed in Subsections B through D of this section. B.Whenever it shall be provided herein that a hearing shall be Page 51 00-1226.txt held, such hearing shall be held on a date and at a place and hour designated by the Department of Permit and Inspection Services. C.The Department of Pen-nit and Inspection Services shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower - concerned, the subject matter of the hearing and the date, place and hour designated therefore by mailing copy ofsuch notice to the tower concerned at the business address shown upon the: most recent application of such tower at least ten (10) days prior to the date of such hearing. D.At any hearing held for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony of other evidence in his own behalf, as may be relevant to the subject matter of the hearing.  454-29. Effective dates. This chapter shall become effective on the first day of April 2001.  454-30. Severability Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part hereof other than the part so decided to be unconstitutional or invalid. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED AYES -12 NOES - 0 NO. 160 BY: MR. BROWN PAY CLAIM FOR TREE DAMAGE AT 347 HUMBOLDT PARKWAY Whereas: Mr. Robert Bennett of 347 Humboldt Parkway submitted a claim for tree damages to his house which took place on August 25, 1999; and Whereas: Large branches from this same tree had fallen in the mid 1990's, damaging vehicles and blocking the inbound section of the 33/198 expressway in front of Mr. Bennett's house; and Whereas: At the time of the first incident, Mr. Bennett appealed to appropriate City officials to get the tree removed and replaced; and Whereas: In the latest incident, the remaining portion of the tree fell towards Mr. Bennett's house, damaging the roofing/gutter system, a storm window and the paint on the front of his house; and Whereas: Mr. Bennett's claim totaled $2,800 and was documented with a contractor's estimate for the repair work; and Whereas: Despite the earlier damage, the obviously dangerous condition of the tree and the more than adequate notice that Mr. Bennett had given to the City, this claim has been denied; Now, Therefore, Be It Resolved That: This Common Council hereby approves Mr. Robert M. Bennett's claim for $2,800, for damages to his home at 347 Humboldt Parkway that were caused by a City Tree. REFERRED TO THE COMMITTEE ON CLAIMS NO. 161 BY: MR. BROWN THE SELLING OF CAPITAL BONDS FOR MASTEN DISTRICT PROJECTS A bond for 1,125,000 was sold for the construction of a comprehensive substance abuse facility in the Masten District on Kensington and Pauline Streets; and Whereas: The building of the Comprehensive Substance Abuse Page 52 00-1226.txt Facility will not proceed as anticipated; and Whereas: There are a variety of Capital projects in the Masten District that the allocated bond money could be used to complete; and Now, Therefore, Be It Resolved: That the $ 1,000,000 be repealed and reissued for the following Masten District projects: $250,000 Fillmore Avenue Curbs and Sidewalks $250,000 Friends To The Elderly $375,000 Glenny Park Fieldhouse $125,000 Manhattan Park REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. NO. 162 BY: MSSRS. COPPOLA AND FONTANA MEMORIALIZE THE STATE OF NEW YORK TO AUTHORIZE REIMBURSEMENT OF TAX REVENUES BEING LOST DUE TO TAX EXEMPT GROUP HOMES IN THE CITY OF BUFFALO Whereas: Under a state law passed in 1993, money saved by closing state psychiatric hospitals was to be put toward establishing community-based group homes, with the idea that the money saved would benefit the municipalities in which these group homes were to be located; and Whereas:New York State currently has 2,900 group homes for mentally or physically disabled people, with 200 of these group homes located in Erie County; and Whereas: Group homes are tax exempt and therefore have an impact on assessments and taxes in the localities; and Whereas: Residents of group homes receive all the benefits and services that the municipality provides, including fire and emergency services; and Whereas: State Senate bill A01457, sponsored by Assembly member Samuel Colman (Rockland County), will be considered in the state Senate next month requesting the State to make annual payments in lieu of taxes to communities where group homes are located; and Whereas: Under this proposal the State would pay a portion of the taxes on each group home property, based on a formula factoring in the state equalization rate and the county median sales price for homes. Municipalities would anticipate 50% of the tax revenues being lost annually from group homes; Now, Therefore Be It Resolved That: The Common Council of the City of Buffalo goes on record in support of Senate bill A01457, and hereby memorializes the State of New York to include Buffalo in the list of municipalities recieveing compensation for lost tax revenues caused by local group homes; and Be It Finally Resolved That: The City Clerk is directed to forward certified copies of this resolution to Governor George E. Pataki, the Clerk of the Assembly, the Secretary of the Senate and the members of the Western New York delegation to the State Legislature. ADOPTED NO. 163 BY: MR. FISHER, MRS. MARTINO, MRS. MILLER-WILLIAMS, MR. FONTANA, MRS. GRANT APPOINTMENT OF COUNCILMEMBER- MASTEN DISTRICT Whereas: The Masten District Council seat will be vacant effective December 31, 2000, at exactly 11:59 pm because the existing representative Byron W. Brown will be relinquishing his seat to become the next New York State Senator for the 57 th District; and Whereas: The residents of the Masten District should not be without a day of representation from this honorable and distinguished body; and Whereas: The Democratic Committee members from the Masten Page 53 00-1226.txt District overwhelming voted to nominate Antoine Maurice Thompson to fill the vacancy. The outcome of the democratic committee vote was as follows: Antoine Thompson, 5,981 votes, Kenny Williams, 1,323 votes, and Rev. Robert Baines, 1,138 votes; and Whereas: Antoine M. Thompson was a former member of Council Staff for two years staffing the Committee on Education, the Committee on Legislation, theCommittee on Community Development, and the Committee on Civil Service. Mr. Thompson is currently the Executive Director of the Office of Urban Initiatives, Inc., a community economic development corporation that assists women and minority entrepreneurs. Mr. Thompson has been an active democrat serving on various local, state, and national campaigns; and Whereas: Mr. Thompson is more than qualified, prepared and eager to serve the people of the Masten District and the City of Buffalo. It is essential that we move swiftly, and unanimously to appoint Mr. Thompson, the next Masten District Councilmember; and Whereas: According to Section 3-6 of the City Charter, this Common Council has the authority to fill vacant positions of district councilmember, councilmember at large, and council president; and Now, Therefore, Be It Resolved: That this Common Council appoint Antoine M. Thompson, to the soon to be vacant Masten District Council seat effective January 1, 2000 at 12:00 am until January I following the next general election; and REFERRED TO THE COMMITTEE OF THE WHOLE NO. 164 BY: MR. FONTANA, MR. COPPOLA, MR. GOLOMBEK, AND MR. BONIFACIO CITY RECYCLING PICK-UP PROBLEMS Whereas:For years the City of Buffalo has asked residents to recycle on a weekly basis in an attempt to protect the environment as well as cut expenses; and Whereas:Many residents take time to rinse out cans and bottles, as well as, bundle newspapers in an effort to support the recycling program; and Whereas:Up until recently the city receives two dollars a ton for clean recyclable materials. Whereas:In addition to the two dollars a ton, the city saves twenty eight dollars a ton in dumping fee's due to the materials being taken out of the trash stream; and Whereas:Many residents have complained to our offices that the contents of their blue recycle containers are being emptied into our garbage trucks Along with theregular trash, hence eliminating all efforts and benefits of recycling; and Whereas:Residents have questioned the services they are to receive and pay for via auser fee as well as, expressed their distrust in our recycling program; and Whereas:Our Council offices have learned that our Sanitation employees are being directed by the administration to pick up the recycling along with the regular trash, in order to eliminate the need for a recycling truck due to weather conditions and staffing problems; and Whereas:In circumstances of heavy snow it is understandable to maneuver staff, however the Council is very concerned about the process of throwing peoples recycling into the trash stream, which could have a very damaging effect onpeoples willingness to recycle; and Therefore Be It Resolved: The Department of Public Works file a response no later than January 4, 2001 on the Council's concern over recycling. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS Page 54 00-1226.txt NO. 165 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER GRANT FROM COUNCIL MEETING. Whereas:Councilmember Betty Jean Grant will be unable to attend the Council meeting on Tuesday, December 26, 2000, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Betty Jean Grant from attending the December 26, 2000, Common Council meeting. ADOPTED NO. 166 BY: MR. PITTS APPOINTMENT COUNCIL REPRESENTATIVE TO BURA Whereas: Council President Pitts placed in nomination the name of Rosemarie LoTempio as Common Council Representative to the Buffalo Urban Renewal Agency to fill the seat being vacated by Byron W. Brown. ADOPTED NO. 167 BY: MR. PITTS DISCHARGE FROM THE AUD/STADIURN TASK FORCE NO 197 CCP JULY 25, 2000 - "SEC. 108 FUNDS-WEB. BLK. WTRFMT. URBAN ENT./INTERMODAL TRANSP. (#215, 7/11) (#215, 7/11) Whereas:No. 197, CCP July 25, 2000 "Sec. 108 Funds-Web. Blk. Wtrfmt. Urban Ent./Intermodal Transp. (#215, 7/11) (#215, 7/11)" is presently before the Aud/Stadium Task Force; 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 Aud/Stadium Task Force from further consideration of No. 197, CCP July 25, 2000"Sec. 108 Funds-Web. Blk. Wtrfmt. Urban Ent./Intermodal Transp. (#215, 7/11) (#215, 7/11)", and said item is now before the Council. MRS. LOTEMPIO MOVED TO ADOPT DISCHARGE Though the submission of the application is hereby authorized, the Common Council must ratify its final implementation. This approval does not apply to the terms and conditions associated with the varions phases of the project. PASSED AYES -12 NOES - 0 NO. 168 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1100 - COMMISSIONER'S OFFICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 21 Department of Fire, 1100 - Commissioner's Office, is hereby amended by adding: 1Secretary to the Fire Commissioner$27,734 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, CORNELIUS J. KEANE, FIRE COMMISSIONER and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth. in the foregoing ordinance. Page 55 00-1226.txt 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 Corporation Counsel 12/04/00 Attachment PASSED AYES -12 NOES - 0 NO. 169 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 Dr. Garacia-Bhandari By Councilmember Martino Felicitation for Pam Gayleas-Johnson By Councilmember Fisher Felicitation for Kenny Hawkins By Councilmember Fisher Felicitation for Ronald Cook By Councilmember All Councilmembers Felicitation for Bill Hanley By Councilmember Martino, Pitts, Michaux Felicitation for New York National Guard By Councilmember Brown, Bonafacio Jr, Michaux ADOPTED. NO. 170 BY: WILLIAMS ENGROSSED COPY OF RESOLUTION FOR BYRON W. BROWN Best Wishes to Senator-Elect Byron W. Brown At the regular meeting of the Common Council of the City of Buffalo, held Tuesday, December 26, 2000, the following resolution was unanimously adopted, sponsored by Council President James W. Pitts: Whereas:Byron W. Brown, the able Masten District Councilmember since 1996, is leaving the Council to serve in the New York State Senate, representing the 51h Senate District; and Whereas:Recognized in 1989 by Ebony Magazine as one of the "30 Leaders of the Future", Mr. Brown ha. served at senior levels in city, county and state government for the last 16 years; and Whereas:Byron W. Brown, an effective, articulate and visionary voice for Masten District residents, has focused his energy on job creation, economic development and environmental justice; and Whereas:Mr. Brown's grasp of policy issues and constituent need is so strong that he is able to eschew rhetoric and make his points through clear, well reasoned arguments, and Whereas:While Mr. Brown is even-tempered, members of this Council have learned to respect his dogged persistence in pursuing resources for his constituents and justice for the community; and Whereas:If he stays true to form, Senator Byron W. Brown will be a great advocate for the-citizens of Buffalo, Grand Island, Niagara Falls and points between, in the New York State Senate; Now, Therefore, Be It Resolved That: Page 56 00-1226.txt This Common Council salutes Byron W. Brown for 5 years of impressive service on the Council, predicts tremendous success for him in the State Senate, and wishes continued happiness and health to Byron and his family. ADOPTED NO. 171 BY: BARBARA A. 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., JAYNE GRIFFIN CAROL A. BENZ MEGHAN A. O'NEILL WILLIE GARDINER BRENDA L. LAWLESS WILLIAM B. SAVAGE JOANNE M. BURDICK KIM M. GIPP GAIL M. BUCH MAUREEN WILSON LUCINDA M.TAFT JESSICA RODRIGUEZ ELLEN HOFFMAN NORA A. DIGGINS JILL CRIST BETTY A. PUGH CATHERINE SANTORA FLORENCE CIRINO DENISE HALE ROBERT KREUTINGER ANNA MARIE-DIINA ANDREA P. JAMES MARIA R. VAZQUEZ MICHAEL G. BENSCH BARBARA J., CRIBBS PAMELA A.DEANS ADA L. DEANS JENNIFER KUSMIERSKI CLARA R. SCIANDRA KATHLEEN A. GRABIEC CHARLEEN M. WILLARD ADOPTED. NO. 172 BY: BARBARA A. 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 the City ARLENE M. SCOTT D. MCLAUGHLINI KATHLEEN FITZPATRICKMARLENE GRIGGS NANCY SMITHCHRIS GIARDINA ZORAIDA MATOSFRANK RELOSKY RONALD CARNEVALELYNELL CHESTNUT SANDRA SOLDIJOHN KING KATHRYN BARKERCARRIE.B. PRICE COLLEEN BOHENROBIN BRIDGES Page 57 00-1226.txt GAIL LISPATRICK O'MARA ADRIAN GUADALUPE FRED YOUNG PAUL NORECK ROSE BATTLE JOYCE SOLOMONLINDA CRAIG JOSEPH MARTIN DIANE P. FALZONE BRIAN MAHONEYVICTORIA M. DREBOTI DARLENE ABRAMKATHLEEN T. HENRY JAMES WEISER EILEEN E. KELLER MERRILEE COLLIERLISA A. LICKFELD MARTIN J. JUREWICZDAVID LESNIOWSKI THOMAS J. MASTERSONDEANA M. LOVALLO JANE A. KUBIKJENNIFER MALANOWSKI DONNA M. RICH BEATRICE MCADAMS-GRAY LEONARD R. WEBERDARRYL MCPHERSON MICHAEL ARCARAROSE M. VAN KERHOVEN ANTHONY J. BARONEMARIANNE VARA CATHERINE . BAUDO LAWRENCE A. WOLFF JOSEPH M. BAUDO JRHARVEY FRANKEL KATHLEEN BEENYMICHAEL GASPAR ROBERT CEFALULORI GUADAGNO PAMIELA DIPALMANANCY CONOLLY JOSEPH E. JORDONRACHELLE LEVESQUE JULIE OLSZEWSKILAURA SCHNEIDER ROBERT O'SULLIVANDEBRA NASCA TERESA PLEASANTJANET SIKORSKI KATHRYN L. SCHNELLTHOMAS CARIER MARILYN WETTERRANDIE JOSEPH JILL WHITE ROBERT WHALEN MARY BETH WILESKEVIN KEANE EVELYN SLIWAGEORGE SMITH WENDY ESCHBORNRICHARD DOYLE MICHELLE BROOKSKENNETH BIENKO DANNY OWENSMARIE RICHARDSON THOMAS LEATHERBARROWMARY GASPAR GUY ZAGARAMARIO PRATTS RICHARD BONOREKDENISE CRAWFORD AMY MARRACINOMARY GUGLIUZZA MARVIN SANFORDPATRICK MURPHY GILBERTO MUNOZCAROLE GETZ SUSAN OSOSKI Paul DELANO Michael L. Cacciatore Jay B. Duderwick Oswaldo Mestre Rosalina Ortiz Amy Prentiss Marisa L. Scirri Muriel S. Somma Louise Clyburn Robert M. Mayer, Jr. Sandra A. Ortalano Francisco Perez Sylvia V. Santana Kristie Sokolowski Patricia D. Sucharski Karen S. Barone Suzanne V. Buffarnanti Nell R. Daley Karen L. Dimitri Kathleen Fulle Mary V. Gloss Mae E. Jackson Cheryl A. Kinmartin Page 58 00-1226.txt Sharon Knope Madeline C. Marrone Lisa Nowak Madonna L. Scoville Anne M. Steblein Kea D. Strate Mary pat Tyler Marquitta R. Whitehead DENNIS CLARK SALVATORE ZAGARRIGO ROBERT KOCH RICHARD CANAZZI ANNA M. RUNDLE DIANA JOHNSTONE JUDITH C. LIPS BARBARA MCALISTER LISA R. JENKINS MARC FLYNN RONALD GOSPODARSKI PAUL KOZLOWSKI KARA CONBOY SYLVIA UNEAL John R. Battle Randall Burgio Joseph Catanzaro Chris N. Chiodo Michael K. DiFranco Timothy J. Dolary Michael Garrity Thomas Gerace Christine A. Herring John W. Herritage IV Marty C. Jones, Philip J. Karaszewski Rosemary L. Melling Cynthia A.Tomaszewski David L. Wayne Augustine Zogaria ELIJAH ABRAM JR.FRANCES ROGERS ROBERT ZWELINGANN FRATERRIGO MARK ANTONIO -JOHN FARLEY WILLIAM BOWENKATHLEEN BROWN AVERY NELSON - MICHAEL FLOWERS,SHEILA DICKINSON MARY PAT KAEAPF,.,-ROBERT QUINTANA, JAMES LONCRGANPATRICK SWAIN , ANNE PAULISCZAKHEATHER SURDYK PHILIP IRAKATHERINE PLESAC MARY PAT SCHUSTERPATRICIA MCCOURT ANTHONY BARBA -STEFANIA OVAK THOMAS TEPROVICHMILDRED STABLER JOHN BAGEN -PATRICIA GROVES HAROLD WALKER IllELIZABETH MANN MARLENE LARKINRITA STRUZIK NANCY ZELAK FAY KWIATKOWSKI MICHELE HUSSARGENEVIEVE LYON PAULA P. CARDUCCILYNN MILKS JOHNATHAN WALTON'RUTHALVARADO RUSSELL BARONEMITCHELL SHAPIRO KEVIN BARBERGMARIAN BLADY PATRICIA DENECKESUZANNE CAIRNS KATHLEEN PODSIADLOELLEN DONOGHUE HELEN PANIKOWSKI ---YVONNE SERAFINI Page 59 00-1226.txt JEANNE MEYLER.-PIRKDEBORAH MIKOLUJEWSKI LILTON KELLEY -RENE GRANDA LAWRENCE SADLOCHAJOY RIEXINGER THOMAS DOCTOR-DANA BEARON JOHN FENGER '--KELLY GIBONS-GLINSKI JOHNNIE JORDANMAUREEN WOJANIK STEVEN NICOSIACAROLE PYSZCZYNSKI ZRINELL WEBSTERMARY COLLEEN WALEK ANDREA MEEGAN-GARY TEAGUE PAOLA GALANTE -,JAMES LEMA PATRICIA REILLY'MICHAEL D. LYONS JOSEPH RIGA-TIMOTHY J. SALAMONE ANTHONY COSTANTINOCARLO A. FATTA,JR. PHILLIP TORRE;RICHARD W. WAGSTAFF RANIERO MASECCHIAKEVIN F. MALONEY PATRICK JUDGEMICHAEL D, BROWN ANDRES ORTIZNICOLE S. JONES SYLVESTRE ACOSTAJOANNE CINO MARK KRAWCZYKMARGARET SACK JAMES GARDINADEBORAH RODRIGUEZ ANTHONY SCINTAMARCIA SCOTT CHARLES ARONICAANITA CLARK REGINALD MINORTERNEST W. BURSIE MARK VAUGHN PATRICK A.CRAY HENRY SMARDZCATHERINE C. ROBERTSL VICTOR DESIMONEMABLE WHITE THOMAS BALKMELVIN STOKES JAMES MARONEYDALE ZUCHLEWSKI CHARLES WILSONPAMELA L. WALKER ROBERT PENDERSMARIA L. SCINTA DANIEL SULLIVANEVELYN J. ALLEN RICHARD CORSIPATRICIA ANDERWARKER PAUL SULLIVANCOLLEEN M. SULLIVAN STEPHAN WASHBURNTHOMAS W. MARCHESE VINCENT FELICETTA OLGA I. HERNANDEZ NUCHAEL PANTANELLAMARIANNE DEMARCO ANTHONY DOUGLASLUDVICO V. PUCCIO LUCIANO PEREZELIZABETH BRITTON DEBRA REILLYJOHN P. HANNONJR. PAMELA L. GZEBIELUCHA, JOHN J. LYNCHCHRISTINET.KASIANOWICZ ANTHONY J. LUPPINOANGELA BLUE KAREN MURANYDavid J. Adamski Dwain C. LawsAnthony A. Ando William M. LeisckJason Bailey Patrick J. LonerganRichard A. Ballesteri David MaloneyRobert Barrali William ManuszewskiLinda A. Benns William J. MaraLewis J. Maulucci Herbert R. BognerHolly J. McNamara Thomas A. BrodfuehrerPamela A. Mix-Rush Vincent J. Caputo Kevin O'Connor ames E. CarrRichard L. Ogorek, Jr. Amelia M. ColaMichael S. O'Neill Ronald T. CollinsKatherine Orlando Kevin CoyneLouis J. Petrucci Martha M. CramerCarolyn A. Pietraszewski Francis J. CunninghamDavid J. Pierowicz Timothy M. CurtinJohn P. Plevniak Nancy L. DeMartinoTerry Prendergast Frank L. DiGennaroThomas V. Puglisi Frank DiJamesDouglas E. Randall Charles J. DiSalvoLarry J. Schiavone Page 60 00-1226.txt David A. FatigMichael J. Schieber Gary V, FazioJoan Schol I Robert J. FeIschow, Jr.Marilyn A. Scinta Vincent P. FerraraccioRon Sokolowski Kevin J. FitzgeraldBetty Tryjankowski Denise M. GalloSophia C. Tutuska Christine M. GaworWilliam A. Wagner Robert S. GolombekDavid B. Zafuto Kevin J. GouldGary W. Ziolkowski Donald S. Grzebielucha W. Gregg Harris Beverly A. Hassett Brian Higgins Dennis Jowsey Timothy M. Keenan James D. Kleinsmith Peter L. Klemann Kevin D. Klenk Arthur Kostrzewa Tracy A. Krug Joseph M. Latona ADOPTED UNFINISHED BUSINESS NO. 173 BOND RESOLUTION-$350,000-BONDS-ELMWOOD AVE. RECONST.PHASE V-BRYANT TO NORTH (NO. 172, C.C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Fontana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Brown PASSED AYES- 12 NOES- 0 NO. 174 BOND RESOLUTION $750,000-CENTRAL PARK PLAZA-RECONST.-CHALMERS/HOLDEN AVE. (NO. 173 ), C.C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fontana PASSED AYES- 12 NOES- 0 NO. 175 BOND RESOLUTION-$ 1,000,000-HANDICAPPED ACCESS IMPR.-VAR. SCHOOLS (NO. 174, C. C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Ms Gray CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms Williams PASSED AYES- 12 NOES- 0 NO. 176 BOND RESOLUTION- $1,500,000 TELECOMM. INSTALL.-VAR. SCHOOLS Page 61 00-1226.txt (NO. 175, C.C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mrs. Martino CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fisher PASSED AYES- 12 NOES- 0 NO. 177 BOND RESOLUTION-$2,000,000-E. DIST. SCH. RECONST. (NO. 176, C.C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the Seconded by. Ms. Gray CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Coppola PASSED AYES- 12 NOES- 0 NO. 178 BOND RESOLUTION- $2,5 00, 000-NEW LIBRARY FAC.-PHASE 3 (No. 177, C.C.P. Dec. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Brown CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fisher PASSED AYES- 12 NOES- 0 NO. 179 BOND RESOLUTION-$ 5, 000, 000 -ADD-PUBLIC SCHOOL #89 (NO. 178, C.C.P. DEC. 12, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Golombek CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mrs. Martino PASSED AYES- 12 NOES- 0 NO. 180 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 2, 2001 at 9:30 o'clock A.M Committee on FinanceTuesday, January 2, 2001 following Civil Service Committee on LegislationTuesday, January 2, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, January 3, 2001 at 10:00 o'clockA.M. Committee on EducationWednesday, January 3, 2001 at 2:00 o'clock P.M. Special Committees MBECMonday, January 8, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. SuperSpan Task ForceThursday Jan. 11, 2001 at 2:00 pm Room 1417 Page 62 00-1226.txt Snow Removal Special Ed Wed. Dec. 27 at 2pm ADOPTED NO. 181 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 5:00 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #11 COUNCIL PRESIDENT'S OFFICE-1315 CITY HALL-11:30 A.M. DECEMBER 14, 2000 PRESENT: JAMES W. PITTS, COUNCIL PRESIDENT; MAURICE GARNER, DEPUTY COMPTROLLER-2 ABSENT: ANTHONY M. MASIELLO, MAYOR-1 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 December 2000 amounting to $16,465.69 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 December 2000 amounting to $20,337.00 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 On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. ADOPTED Page 63