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HomeMy WebLinkAbout00-1003 00-1003.txt No.18 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 3, 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 Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY 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 00-1003.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, OCTOBER 3, 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 Grant, Gray, LoTempio, Martino, Pitts, and Williams - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 19, 2000 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 CENTRALIZED CITIZEN INFORMATION AND REFERRAL SYSTEM #227, CCP SEPTEMBER 19, 2000 Page 2 00-1003.txt As per the revised Charter of the City of Buffalo, the Executive Department created the Division of Citizen Services, which provides the citizens of the City of Buffalo, with a Mayoral Hot Line Complaint system, by calling 851-4890. The system, which was designed in-house, is capable of providing a written acknowledgment to an inquiring citizen within three business days of receipt of the inquiry/complaint. Those inquiries and or complaints are assigned a service number, so that the inquiring citizen can call and check on progress made or to add additional information or corrections to the original call. After a complaint is received, it is forwarded via e-mail to the appropriate department, agency, or other relevant entity and in many cases multiple referrals are made, in order to address a complaint. The referrals are then tracked for responses and responses are then forwarded to the citizen who made the call. The objective of this system is to provide the citizens of Buffalo with a singular phone number to call, a service number and a written confirmation of their complaint and finally a timely resolution or response to the complaint. An added benefit of tracking complaint calls is identifying types of complaints, locations of complaints and the response times to various types of complaints. This information is a valuable management tool in identifying where changes or improvements are needed, as well as, where additional manpower or funding should be considered. Since this is a new system, the Division of Citizen Services welcomes input from the Common Council regarding the format of the monthly report that is required by the Charter to be filed. Also, each councilmember's office will have two computers with programs to track complaints and the Division of Citizen Services will work with each councilmember to provide paper reports that can be generated by the system. Attached is a summary report for discussion of calls received from July 5, 2000 to September 1, 2000 by council districts and major categories. REFERRED TO THE COMMITTEE ON FINANCE NO. 2 CITIZENS SERVICES COMPLAINT RESOLUTION #227, CCP SEPTEMBER 19, 2000 The attached report complies with the request from the above cited resolution, by providing data from our start of operation on July 5, 2000 to September 15, 2000. I was unable to provide this information by yesterday's 2pm filing deadline because I had just recently returned from a vacation. Also, since there are 91 categories that identify complaints, I only listed the most significant categories. In the attached report, I added misc columns, so that the columns would add up. Starting on Monday, October 2, 2000, the installation of the complaint system's program will be installed in your computers. Finally, I took forward to working with you in defining and refining the data that will be pertinent to your needs. REFERRED TO THE COMMITTEE ON FINANCE NO. 3 Page 3 00-1003.txt LISTS OF DEAD TREES TO BE REMOVED BY PRIVATE CONTRACTORS Attached are lists of dead trees, arranged by council districts, that have been bid out for removal by the Dept. of Public Works, Parks & Streets. There are two lists for each council district. The first list is of priority I trees, which will be removed by November 30, 2000. The second list is for priority 2 trees, which will be removed after December 1, 2000.The priority 2 trees will be removed during the Winter months, with the stumps being removed in the Spring. Should you have any questions on this matter, please call me at extension 5307. REFERRED TO THE COMMITTEE ON FINANCE NO. 4 OVERGROWN WEEDS LOWER TERRACE STREET #100, CCP SEPTEMBER 19, 2000 This complaint will be handled in the following manner - Since some of the land in questioned is owned by BURA and some of the land is owned by the City - BURA and the Division of Parks and Recreation will clearly establish who will be responsible for specific parcels, so that the land in question will be maintained on a regular basis and will not fall into an unsightly condition in the future. Also, the complainant will be personally visited so that all of the parcels in question are addressed. This particular area of the city has several public areas, as well as leased private space and if some of the unsightly areas are privately owned - those owners will maintain their property or be charged if BURA or the City has to maintain it for them. In regards to the letters sent to the complainant, Service numbers: 5505 and 5506 - they are not adequate in addressing the complaint. This is a quality control issue and it will be addressed as any other quality control matter, which is that greater review will be conducted prior to mailing an acknowledgment letter. In situations, where citizens receive responses that do not address their concerns, they should call 851-4890, give their service number and report that their letter does not address their concern. A verbal response will be provided to them on the day that they call and a corrected acknowledgment letter will be sent to them within three business days. It is unfortunate that mistakes happen; however, every attempt will be made to increase the accuracy of the responses to the citizens of our city. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 5 F. PARISI 64 W. CHIPPEWA ST. DRINK SHIELD ENCROACHMENT ITEM NO. 53, C.C.P. 9/19/2000 The City Planning Board at its regular meeting held Tuesday, September 26, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks install metal and mesh drink shields placed on the building face between the first and second floors which encroach the right-of-way at 64 W. Chippewa St. Under SEQR the proposed encroachment is considered Page 4 00-1003.txt an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed drink shield encroachment. RECEIVED AND FILED NO. 6 S. MALLIARIS 451 ELMWOOD AVE. CONVERT STORE TO RESTAURANT ITEM NO. 102, C.C.P. 9/19/00 The City Planning Board at its regular meeting held Tuesday, September 26, 2000, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks convert a retail store into a sit-in restaurant at 451 Elmwood Avenue. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed restaurant. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 "M. JACKSON COMMUNITY SPRINGBOARD, INC.-SERVICES PROVIDED" ITEM NO. 95, CCP 09/19/00 COMMUNITY SPRINGBOARD, INC. IS ADVISED TO SUBMIT A CDBG APPLICATION. Community Springboard is affiliated with the Office of Citizen Participation & Information's CDBG mailing list and was forwarded an application on August 23, 2000. Community Springboard has applied for funding in previous funding cycles. However, they have not received any funding. CDBG application deadline for Year 27, is Friday, September 29, 2000. Broad Summary - Community Development Block Grant Cycle Announcement, applications and public hearing are made, sent and scheduled. Applications are received, reviewed and recommended. Initial budget and consolidated plan is crafted. Recommended Consolidated Plan and budget is forwarded to the Mayor's Office. Mayor's Office submits a proposed CDBG budget to the Common Council for review and approval. Council approves a CDBG budget. Final Consolidated Plan and CDBG Budget to be reviewed by citizens at a public hearing. 30 days after public hearing, the plan/budget is submitted to HUD for final approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 RESULTS OF NEGOTIATIONS 703 BROADWAY,28.181 SW KRETTNER VACANT LOT:27' X 104' ASSESSED VALUATION: $2,200 705 BROADWAY, W COR. OF KRETTNER VACANT LOT: 28' X 112' ASSESSED VALUATION: $2,400 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 703 and 705 Broadway Street from Pastor Willie F. Harris on behalf of Evangelist Temple C.O.G.I.C., 701 Broadway Street, Buffalo, New York Page 5 00-1003.txt 14212. They intend to expand the church and pave a parking lot. The Office of Strategic Planning and the Division of Collections have no objections 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 Dennis Walker of Able Associates, 43 St. Paul Street, Buffalo, New York 14209. He has estimated the value of the properties to be One Thousand Five Hundred Dollars ($1,500). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Pastor Willie F. Harris of Evangelist Temple C.O.G.I.C. has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500). They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 703 and 705 Broadway to Evangelist Temple C.O.G.I.C. in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 RESULTS OF NEGOTIATIONS 159 KINGSLEY, EAST CORNER OF WOHLERS VACANT LOT: 28' X 1101 ASSESSED VALUATION: $1,800 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase from Mrs. Doreran J. Mitchell, 143 Wohlers Street, Buffalo, New York 14208. Mrs. Mitchell owns and resides at 143 Wohlers, which is adjoining to 159 Kingsley Street. Mrs. Mitchell intends to build a garage and expand the yard. 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 Mr. Thomas Tighe of Richard Bronstein Appraisal, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Five Hundred Dollars ($500), Fifteen Cents (.15) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales price range from Eleven Cents (.11) to Thirty-Seven Cents (.37) a square foot. The results of our negotiations are that Mrs. Doreran Mitchell has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.00), Twenty-Four Cents (.24) a square foot, for this parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 159 Kingsley Street to Mrs. Doreran Mitchell in the amount of Seven Hundred Fifty Dollars ($750). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE Page 6 00-1003.txt NO. 10 RESPONSE TO REQUEST FOR A REPORT TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGARDING THE STATUS OF REPAIRS TO PROPERTY LOCATED AT 423 NORTH DIVISION PRIOR COUNCIL REFERENCE: (ITEM NO. 114, C.C.P. 4/18/00) Presented herein please find a comprehensive response to the correspondence submitted by the Committee on Community Development Chairperson Beverly A. Gray, dated September 22, 2000. The correspondence solicited information outlining the current status of repairs to property commonly known as 42' ) North Division Street (the " Property"). The Common Council received a correspondence from Mrs. Edna Overton, the owner of the Property, dated April 18, 2000 requesting assistance in addressing unresolved problems with the Property. In addressing the complaints outlined in Mrs. Overton letter, the Supervisors of Building Construction in the then entitled Department of Community Development returned to and examined the overall condition the Property. This reexamination of the Property led to the decision to undertake the complete re-roofing of the Property as well as make the appropriate interior repair (i.e.: plaster and painting). Mrs. Overton selected Littleton Construction, Ltd. as the contractor to complete the re-roofing of the Property which is scheduled to take place within the next two (2) weeks (weather permitting). The re-roofing shall include the stripping of existing roofing material, installation of new roof material and the disposal of all debris. As was agreed to by Mrs. Overton, one month after the installation of the new roof all interior plaster repair and painting shall be completed. At such time as all necessary and appropriate repairs have been completed and Mrs. Overton has submitted a " sign-off' as to the acceptance of the repair a final report shall be duly filed with this Honorable Body. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 TRANSFER OF TITLE, HOMESTEAD PROGRAM 240 FIFTEENTH STREET (CITY OWNED VACANT LOT: 25'X 99) The Office of Strategic Planning has surveyed the city-owned vacant lot at 240 Fifteenth, Buffalo, New York 14213, the parcel is 25' x 99' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. David Figueroa, residing at 242 Fifteenth Street indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead property and be transferred to Mr. David Figueroa on the condition that the property is Page 7 00-1003.txt cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 TRANSFER OF TITLE, HOMESTEAD PROGRAM 265 HERMAN (CITY OWNED VACANT LOT. 25'X 130') The Office of Strategic Planning has surveyed the city-owned vacant lot at 265 Herman, Buffalo, New York 14211, the parcel is 25'x 130'in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Edna Narain, residing at 260 Guilford indicated that she will dean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead property and be transferred to Ms. Edna Narain on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.13 TRANSFER OF TITLE, HOMESTEAD PROGRAM 36 NORTHUMBERLAND (CITY OWNED VACANT LOT: 30'X 118') The Office of Strategic Planning has surveyed the city-owned vacant lot at 36 Northumberland, Buffalo, New York 14215, the parcel is 30'x 118'in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Yvette Bishop Hamler, residing at 38 Northumberland indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead property and be transferred to Ms. Yvette Bishop Hamler on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 LAND USE PLANNING ADMINISTRATION T.4P 1660 NIAGARA ST. 141X481X401 BILLBOARD ITEM NO. 140, C.C.P. 9/19/2000 The above referenced item was originally presented to the Page 8 00-1003.txt Common Council December 29, 1998, Item No. 80. The Common Council referred the item to the City Planning Board for review pursuant to Sections 511-104, 511-68 and 387-19 of the Buffalo Code, General Standards, Niagara River Coastal Review District and Application for Ground sign, pole sign or billboard. After several meetings and discussions with the applicant City Planning Board at its regular meeting held Tuesday, March 2, 1999 voted to deny the proposed billboard sign based on their inability to determine, from the information provided by the applicant, as to the exact proposed location of the billboard. The Planning Board was also unable to accurately measure distance separations from the information provided by the applicant. The Board on several occasions asked the applicant to provide additional information to assist the Board in making a decision. The Common Council subsequently also denied the applicants request for the proposed billboard. The applicant took legal action against the City of Buffalo on the Common Council's denial of the proposed billboard. The courts have upheld the City's actions. For more information of the legal decision I suggest you contact the City's Law Department. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE PRESIDENT OF THE COUNCIL NO. 15 PROPOSED BURA ADMINISTRATIVE BUDGET 2000-2001 Attached herewith, for your consideration, is the proposed administrative budget for the Buffalo Urban Renewal Agency for fiscal year July 1, 2000 - June 30, 2000. The new budget considers the reorganizational changes resulting from the revisions made to the City Charter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 16 POBLEMS WALNUT STREET Several residents have been in contact with this office to register complaints concerning the sinking of Walnut Street between Sycamore and Genesee Streets. Would you please have someone go out and investigate this situation as soon as possible. As always, your cooperation is appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 17 BOARD OF ASSESSMENT REVIEW APPOINTMENT, PERMANENT MEMBERS The appointment to the Board of Assessment Review of Coralia Hetzner, to serve the unexpired term of Camille Gaiter, will expire on September 30, 2000. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Additionally any new or re-appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting Common Council action to fill this Page 9 00-1003.txt vacancy as soon as possible so that the required training can occur before commencement of hearings. Additionally, I am also requesting Common Council action to fill the vacancy created on the permanent board last year by the resignation of Kevin Hannon. Last year, your Honorable Body re-appointed Mr. Kevin Hannon to a five year term as a permanent board member. However, on December 13, 1999, Mr. Hannon notified this department that due to circumstances beyond his control he was forced to tender his resignation. That position remained unfilled through last year's review period but is needed to guarantee sufficient board members for the number of BAR hearings anticipated for this review period as a result of the reassessment project. Therefore, I am respectfully requesting that the Common Council appoint a replacement to serve the remaining four years of Mr. Hannon's appointment. The required state training session conducted by the Erie County Director of Real Property Services will be scheduled as soon as the permanent and temporary members are appointed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 BOARD OF ASSESSMENT REVIEW APPOINTMENT, TEMPORARY MEMBERS I am respectfully requesting Common Council action to appoint at least four (4) temporary members to the Board of Assessment Review (BAR) to serve twenty to no more than forty days as needed during the time period of December 2000 to mid-February 2001. The Department of Assessment is preparing contingencies should it prove to be necessary to supplement the existing five (5) member permanent board for the upcoming assessment challenge period. in prior years the volume of BAR hearings has necessitated the use of two mini-boards and. we are anticipating a similar if not greater number of hearings this year as a result of the reassessment project. Four temporary members working in conjunction with five permanent members will enable this office to establish three (3) mini-boards of three members each, as we did following the 1992 reassessment project. The appointment of temporary members by your Honorable Body as soon as possible will permit sufficient time to schedule these individuals for the training session required by New York State and conducted by the Erie County Director of Real Property Services. Additionally approval of the temporary members now will allow for the expansion of the board as soon as it should become necessary without a further delay. The following are the names of individuals who have served in the capacity of temporary members in prior years. Keith Barnes, 29 Frankfurt Ave, Buffalo NY 14211 William Maggio, 230 Wellington Rd, Buffalo NY 14216 Robert Zielinski, 30 Lyman St, Buffalo NY 14206 Mrs. Lotempio moved: That the appointment of Keith Barnes, William Maggio and Robert Zielinski as temporary members of the Board of assessment Review be and hereby are approved. PASSED AYES - 12 NOES - 0 NO. 19 CERTIORARI PROCEEDINGS HARWICKES AMMEX. 159 PORTER AVENUE Page 10 00-1003.txt This is to advise that the owner, Harwickes Ammex Limited Duty Free International 1, has instituted certiorari proceedings on 159 Porter Avenue, Buffalo, New York, rep-larding the assessments for the fiscal years 1996-97 through 2000-01. The assessments were reviewed by this Department and the owner expressed a willingness to settle the proceeding. The final assessments for fiscal years 1996-97 through 2000-01 were $450,000 for each year. The owner is agreeable to a settlement which would result in a reduction to $260,000 for 1998-99 through 2000-01 on 159 Porter Avenue. The taxpayer would be entitled to a total refund of $23,189.92 for the three years The 2000-01 City taxes would be reduced from $16,951.90 to $7,760.20. The taxpayer will discontinue the 1996-97 and 1997-98 proceedings, and has agreed to waive interest on the refund. Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I therefore recommend this settlement, in which the Department of Law concurs. This proposed settlement is subject to approval by Your Honorable Body. 1. hereby request that the Corporation Counsel be authorized to settle the 1998-99, 1999-00 and 2000-01 certiorari proceedings on 159 Porter Avenue by reducing the assessment from $450,000 to $206,000 for each year. REFERRED TO THE COMMITTEE ON FINANCE NO. 20 PROVIDE TAX RELIEF - CITY OF BUFFALO TAX FORECLOSURE PROPERTIES ITEM #128, C.C.P. 09/05/2000 The above item, a resolution by Councilmember Golombek, was referred to the Department of Assessment for a response. First, the number of properties scheduled for foreclosure each October is reduced substantially before the actual date of the sale through payment of the outstanding taxes. The properties that are eventually sold are predominately in the Ellicott, Masten, Fillmore and Lovejoy districts. Properties in jeopardy of foreclosure located in other districts are nearly always redeemed prior to sale. Second, the implementation of the new tax enforcement legislation enacted by Albany effective January 1, 1995 allows the City of Buffalo to pursue the collection of taxes through foreclosure after the tax is one year in arrears as opposed to the two year period under the old legislation. This accelerated time frame has minimized any significant deterioration and has assisted in stabilizing neighborhoods and stimulated the collection of city taxes. Those properties most in need of demolition or scheduled for demolition are normally struck to the City of Buffalo. Third, the properties scheduled for sale and the terms of sale are published five (5) months before the auction. This advance publication allows the prospective purchaser the opportunity to view the exterior condition of the property, examine the records of the Inspection Department for interior and exterior violations, if any, review the values of other properties in the area and make a reasoned decision to bid on a property. Fourth, it has always been and continues to be the practice of this office to have the assessors review each parcel, prior to foreclosure to determine condition and approximate Page 11 00-1003.txt market value. We also request input from various city agencies relative to inspections, demolitions, real estate and neighborhood development. This enables the Department of Assessment to established appropriate opening bids but it also provides the opportunity for the assessor to compare the current assessment and the existing market value of a foreclosure property. if after this comparison a reduction in assessment is warranted, the assessor will automatically adjust the assessment to reflect the change in value for the upcoming December 1st assessment roll and thus lowering the tax burden for the new owner. The purchaser of a property at a city foreclosure, like all other property owners, has the right to file an assessment challenge with the Board of Assessment Review in December after the Tentative Roll is published if the assessment is believed to be incorrect. If the owner is not satisfied with the decision of the Board of Assessment Review, further appeal is possible either through Small Claims Court for owner occupied residential property or with the filing of a certiorari proceeding for all other types of properties. In all of these instances proof must be provided that the property condition is such as to warrant a reduction, however, it is important to keep in mind that sale price does not necessarily establish market value. The State of New York sets guidelines for determining the validity of a sale and therefore its usability to determine value. Properties purchased through foreclosure are not considered valid sales nor are they deemed to be arms length transactions. Foreclosed properties, by the nature of the process, are sold -as is(agreement of sale attached)and therefore no warranties are made and title transfers through a referee's deed. Sale price at a foreclosure can be influenced by a number of factors including a reluctance to purchase a property sight unseen, or the requirement that the opening bid not exceed the amount of outstanding liens. Therefore the purchase price is not. necessarily the market value. In conclusion, although many properties sold through foreclosure require repair and rehab and therefore their assessed value may require correction, a process already exists and is being used to adjust these values. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 NOTIFICATION SERIAL # 9221 INSTALL STOP SIGNS IN HOLMES STREET AT SUNNYSIDE PLACE STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as state below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ONSHALL STOP BEFORE ENTERING Holmes StreetSunnyside Place This action is being taken to update our records to reflect Page 12 00-1003.txt existing field conditions. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 REPORT OF BIDS TREE PLANTING CITYWIDE PHASE 112000 GROUP #543 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for Tree Planting Citywide Phase 11 - 2000, Group 4543. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more of less than the total bid. The following bids were received: Base BidUnit Price Increase Gleason*s Nursery Inc.$50,618.00 $55,679.80 Titan Development, Inc.83,665.0088,726.80 Scott Lawn Yird90,510.0095,571.80 Visone Constriction, Inc.95,409.00 100,470.80 I hereby certify that the lowest responsible bidder for the above project is Gleason's Nursery, Inc. I respectfuIly recommend that your Honorable Body authorize a contract award in the amount of $55,679.80 (Base bid $50,6 18.00 + $5,061.80 10% unit price increase Total Award $55,679.80.) Funds for this work are in Capital Project Account #353 10106,445100. The engineer's estimate for this work is $62,500.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 10, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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 Tree Planting Citywide Phase 112000, Group #543, to Gleason's Nursery Inc., the lowest responsible bidder, in the amount of $55,679.80 (Base bid $50,618.00 + $5,061.81 10% unit price = Total Award $55,679.80). Funds for the project are available in Capital Project Account #35310106 445100. PASSED AYES -12 NOES - 0 NO. 23 REPORT OF BIDS TREE REMOVAL - CITY WIDE PHASE 11 GROUP #543 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Replacement of City Sidewalks at City of Buffalo Demolition Sites - 2000, Group #540. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and Page 13 00-1003.txt material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Kilt's Enterprises, Inc.$285,030.00 $313,533.00 Scott lawn Yard$362,428.00 $390,931.00 Eastwood Industries, Inc.$386,775.00 $415,278.00 Schneck's Tree Removal, Inc.$444,292.00 $472,795.00 I hereby certify that the lowest responsible bidder for the above project is Kilt's Enterprises, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $313,33.00 ( Base Bid $285,030.00 + 10% unit price increase $28,503.00 = Total Award $313,533.00). Funds for this work are in Capital Project Account #35310106-445 100. The engineer's estimate $300,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 10, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 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 Removal of Trees, Citywide Sites Phase 11, Group 4543 to Kilt's Enterprises, Inc., the lowest responsible bidder, in the amount of $313,533.00 (Base bid $285,030.00 + 10% unit price increase $28,503.00 = Total Award $313,533.00). Funds for the project are available in Capital Project Account #35310106 445100. PASSED AYES -12 NOES - 0 NO. 24 FIRE PUMP REPLACEMENT CITY HALL I hereby submit to Your Honorable Body the following changes for the Fire Pump Replacement, City Hall, Numarco, Inc., C #92010155. 1.Furnish and install a new water service to the fire pump to prevent air being pulled into the piping network if water is being used elsewhere in the building. Add $ 14,623.00 The foregoing changed results in a net increase in the contract of Fourteen Thousand Six Hundred Twenty Three and 00/100 Dollars ($14,623.00). Summary: Current Contract Amount$ 158,000.00 Amount of This Change Order (#1) Add $ 14,623.00 Revised Contract Amount$ 172,623-00 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie, Architects) and the Department of Public Works, Parks & Streets and were found to be fair Page 14 00-1003.txt and equitable. Funds for this work are available in CPF 30336806 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 25, 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. 1, to Numarco, Inc., an increase in the amount of $14,623.00, as more fully described in the above communication, for work relating to the Fire Pump Replacement, City Hall, C #92010155. Funds for this project are available in CPF 30336806 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 25 CHANGE IN CONTRACT RECONSTRUCTION OF ENGINEERING GARAGE 1120 SENECA STREET I hereby submit to Your Honorable Body the following changes for the Reconstruction of the Engineering Garage, 1120 Seneca Street - Miller Enterprises, Inc., C #920!0050. 1.The required removal of all the unforeseen asbestos related to the demolition of the glazing panels on the Seneca Street side of the above referenced building. This change order also includes all costs for air monitoring and disposal. The foregoing change results in a net increase in the contract of fourteen thousand one hundred seventy-five dollars ($14,175.00). Summary: Current Contract Amount$434,500.00 Amount of This Change Order (#l) $ 14,175.00 Revised Contract Amount$448,675.00 Costs have been reviewed by the Consulting Architect (Stievater and Associates, Architeczs) and the Department of Public Works, Parks & Streets and were found to o, --air and equitable. Funds for this work are available in Bond Fund 30032106 - Division of Engineering. I respectfully request that Your Honorable Body authorize the Commissioner of Public Works, Parks _- Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 25, 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. 1, to Miller Enterprises, Inc., an increase in the amount of $14,175.00, as more fully described in the above communication, for work relating to the Reconstruction of Engineering Garage, 1120 Seneca Street, C #92010050. Funds for this project are available in Bond Fund 30032106 - Division of Engineering. PASSED AYES -12 NOES - 0 Page 15 00-1003.txt NO. 26 CHANGE IN CONTRACT RECONSTRUCTION OF ENGINEERING GARAGE 1120 SENECA STREET I hereby submit to Your Honorable Body the following changes for the Reconstruction of the Engineering Garage, 1120 Seneca Street - O'Connell Electric Company, C #92010111. 1.Install an intercom system with exterior speakers and related electrical work. The foregoing change results in a net increase in the contract of eight thousand five hundred fifty dollars ($8,550.00). Summary-Current Contract Amount$ 86,350.00 Amount of This Change Order (#l)$ 8,550.00 Revised Contract Amount$ 94,900.00 Costs have been reviewed by the Consulting Architect (Stievater and Associates, Architects and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in Bond Fund 30032106 - Division of Engineering. I respectfully request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 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. 1, to O'Connell Electric Company, an increase in the amount of $8,550.00, as more fully described in the above communication, for work relating to the Reconstruction of Engineering Garage, 1120 Seneca Street, C #92010111. Funds for this project are available in Bond Fund 30032106 - Division of Engineering. PASSED AYES -12 NOES - 0 NO. 27 CHANGE IN CONTRACT RECONSTRUCTION OF ENGINEERING GARAGE 1120 SENECA STREET I hereby submit to Your Honorable Body the following changes for the Reconstruction of the Engineering Garage, 1120 Seneca Street - Elmwood Plumbing, Inc., C 492010110. 1. Installation of additional plumbing vents and clean-outs as requested by the City Plumbing Inspector. The foregoing change results in a net increase in the contract of one thousand seven hundred and forty dollars ($1,740.00). Summary:Current Contract Amount$ 73,150.00 Amount of This Change Order (#l)$ 1,740.00 Revised Contract Amount$ 74,890.00 Costs have been reviewed by the Consulting Architect (Stievater and Associates, Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in Bond Fund Page 16 00-1003.txt 30032106 - Division of Engineering. I respectfully request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 26, 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. 1, to Elmwood Plumbing, Inc., an increase in the amount of $1,740.00, as more fully described in the above communication, for work relating to the Reconstruction of Engineering Garage, 1120 Seneca Street, C #920 10110. Funds for this project are available in Bond Fund 30032106 - Division of Engineering. PASSED AYES -13 NOES - 0 Mr. Brown took his seat at 2:15 P.m. NO. 28 CHANGE IN CONTRACT RIVERSIDE PARK CONCESSION BUILDING ELECTRICAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Riverside Park Concession Building, electrical construction work, Goodwin Electric Corporation. Contract #92010183. 1.Furnish & install one load center & 2 motor starters necessary for 3 Phase supply to exhaust fans. in the kitchen area. A new load center was needed to accommodate additional wiring required for 3 phase fan units since there were no spare spaces in the original power panel ADD: $1,807.00 TOTAL: $1,807.00 The foregoing changed results in a net increase to the contract of One Thousand, Eight Hundred and Seven Dollars and 00/100 ($1,807.00). Summary: Current Contract Amount$ 17,409.00 Amount of this Change Order Add$ 1,807.00 Revised Contract Amount$ 19,216.00 Costs have been reviewed by the Consulting Architect at WENDEL and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #30339506 I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 25, 2000, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Goodwin Electric Corporation, an increase in the amount of $1,807.00, as more fully described in the above communication, for work relating to the Riverside Park Concession Building, C #92010183. Funds for this project are available in CPF #30339506. PASSED AYES -13 NOES - 0 Page 17 00-1003.txt NO. 29 CHANGE IN CONTRACT TOSH COLLINS TEEN CENTER I hereby submit to Your Honorable Body the following changes for the Tosh Collins Teen Center, General Construction, New Era Construction, Inc., C #92010293. 1.Enlarge the existing parking and road areas to permit parking behind the facility during construction. Add$ 9,268.00 The foregoing changed results in a net increase in the contract of Nine Thousand Two Hundred Sixty Eight and 00/100 Dollars ($9,268.00). Summary: Current Contract Amount $1,297,800.00 Amount of This Change Order (#11) Add $9,268.00 Revised Contract Amount$1,307,068.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries, 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 34321906 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 25, 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. 1, to New Era Construction, Inc., an increase in the amount of $9,268.00, as more fully described in the above communication, for work relating to the Tosh Collins Teen Center, General Construction, C #92010293. Funds for this project are available in CPF #34321906 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 30 CHANGE IN CONTRACT PETER MACHNICA COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Peter Machnica Community Center, General Construction, Summit Construction Group, C #91983800. 1.Rebuild exterior masonry on the south facade of 1800 Clinton Street from the head of the windows to the top of the parapet. The existing masonry wall and terra cotta coping are in danger of immediate collapse. Add$ 42,854.00 The foregoing changed results in a net increase in the contract of Forty Two Thousand Eight Hundred Fifty Four and 00/100 Dollars ($42,854.00). Summary: Current Contract Amount$2,775,527.87 Amount of This Change Order (#7) Add $ 42,854.00 Revised Contract Amount$2,818,381.87 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tires, Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in the 2000/01 Capital Budget. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a Page 18 00-1003.txt change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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. 7, to Summit Construction Group, an increase in the amount of $42,854.00, as more fully described in the above communication, for work relating to the Peter Machnica Community Center, General Construction, C #91983800. Funds for this project are available the 2000/01 Capital Budget. PASSED AYES -13 NOES - 0 NO. 31 CHANGE IN CONTRACT POOL RECONSTRUCTION 2000 PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Pool Reconstruction 2000, Plumbing Work, Numarco, Inc., C #92010205. 1. Furnish and install a new 4" gate valve servicing the spray pool at Allison. Add$ 1,085.00 2. Disconnect and plug an abandoned line in the filter room at Kensington Pool. Add $ 380.00 The foregoing changed results in a net increase in the contract of One Thousand Four Hundred Sixty Five and 00/100 Dollars ($1,465.00). Summary: Current Contract Amount$51,583.50 Amount of This Change Order (#2) Add $ 1,465.00 Revised Contract Amount $53,048.50 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30012406Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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. 2, to Numarco, Inc., an increase in the amount of $1,465.00, as more fully described in the above communication, for work relating to Pool Reconstruction 2000, Plumbing Work, C #92010205. Funds for this project are available in CPF 30012406 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 32 ENCROACHMENT - 655 MAIN STREET have recently received correspondence from the 655 Main Partners in which they propose the granting of a permanent easement to the City of Buffalo and/or the Buffalo Urban Renewal Agency in exchange for a deed from the City transferring to them fee title to a portion of Main Street. Apparently, the Buffalo Urban Renewal Agency requires the easement in order to provide legal fire exits from the Glenny Page 19 00-1003.txt Building and public access between Main and Washington Streets. The 655 Main Partners request the abandonment and transfer of title so that they can construct the first floor retail portion of a proposed four story "smart" technology building which will extend approximately ten (10) feet into the present dedicated right-of-way of Main Street. The Division of Engineering has reviewed the plan presented by the 655 Main Partners and offers the following comments: As the Council is well aware, serious consideration is being given to the proposal to reopen Main Street to vehicular traffic in order to revive the retail business core of Downtown Buffalo. Consultants hired by the Greater Buffalo Niagara Regional Transportation Council have proposed a twenty (20) foot wide travel lane on each side of the existing twenty-five (25) foot wide strip in the center of Main Street, which is reserved to the NFTA for the Rapid Transit Line. Within that portion of Main Street in question, it has been necessary to reduce the proposed vehicular traffic lane to twelve (12) feet because of the existing legal encroachments of the marquis of the Sheas Theater and the enclosed sidewalk caf6 of the Bijou Grill. The narrowing of the traffic lanes is a concession to the existing conditions. The preferred solution would, of course, be to continue the 20 foot wide travel lane on each side of the Rapid Transit Line. It is the opinion of this department that this encroachment of 655 Main Street would not restrict our efforts to return traffic to Main Street any more than the existing encroachments mentioned above. It should be noted that under Section 479-4 of the Ordinances of the City of Buffalo, Main Street, for its entire length, is identified as a MAIN THOROUGHFARE, and as such, any change in the plan of a main thoroughfare requires a public hearing. The procedure to be followed is spelled out in Section 479-5 of the Ordinances of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 33 AMENDMENT OF TRAFFIC ORDINANCES TO REMOVE FREE PARKING FOR THE DISABLED ITEM NO. 27, C. C.P., MAY 2, 2000 ITEM NO. 36, C.C.P., JULY 11, 2000 The following action is being submitted at the request of the Director of Parking Enforcement with the support by the Mayor's Advocacy Office for Persons with Disabilities and this department. After much discussion of this issue, it has been widely felt that the only fair application of this measure is to eliminate free parking at all parking meters. I am therefore withdrawing my previous requests and now present this amendment of the Traffic Ordinances for your approval, 1. That Subsection 49 of Section 15 of Article I of Chapter 479 of the Traffic Ordinances be amended to read as follows: (49) Parking privileges of disabled persons - permit. That physically incapacitated persons (who are certified by a licensed medical doctor to have a disability which confines them to crutches, a walker or wheel chair or which otherwise impairs their ability to walk) and who are licensed by the State of New York to operate a motor vehicle shall be and Page 20 00-1003.txt hereby are authorized to park motor vehicles owned and operated by them [free of charge] in parking meter zones and overtime in restricted zones, as designated and established by the Division of Traffic Engineering without penalty, subject to the following restrictions and regulations: [(49)] (50) Parking privileges of handicapped. That a person operating a vehicle registered pursuant to Section 404-a, or that possessing and displaying a handicapped parking pen-nit issued in accordance with Section 1203-a, or bearing out-of-state or Canadian handicapped identification per Section 1203-d of the Vehicle and Traffic Law of the State of New York, shall be and is hereby authorized to park such vehicle [free of charge] in specifically designated disabled parking meter zones and specifically designated disabled permissive parking zones, as designated and established by the Division of Traffic Engineering, without penalty. The provisions of this subdivision shall not relieve a person operating such vehicle from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. [Material in brackets to be deleted] Material underlined to be added REFERRED TO THE COMMITTEE ON LEGISLATION NO. 34 1561 HERTEL AVENUE ENCLOSE EXISTING CAFE WITHIN RIGHT OF WAY Mr. Elias Pozantidis, owner of Kosta's Restaurant, located at 1561 Hertel Avenue, has requested permission to enclose and existing sidewalk cafe within City right of way at said address. The proposed enclosure would measure approximately 55 feet in length and project 13 feet in length and project 13 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapters 413-67 (Encroachment Regulations) and 413-59 (Sidewalk Cafes) 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 enclosure or addition be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Inspections and Permits. 3.That the addition does not exceed 55 feet in length or project more than 13 feet from the building face into City right of way. 4.That the applicant be responsible for relocation of any underground utilities effected by the installation of said addition. 5. In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works, Parks and Streets may order the immediate removal of said encroachment as described in Chapter 413-67 (E) of the City Ordinance. 6. That, because the addition will remain within City right of Page 21 00-1003.txt way the entire year as opposed to a seasonal cafe, the applicant be assessed an annual fee of five dollars ($5.00) per square foot of City right of way occupied by the encroachment as described in Chapter 413-67 (G) of the City Ordinances. 7. That the applicant supply the City with a ten thousand dollar ($ 10,000.00) construction in street bond and 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 addition to restaurant. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 35 ERIE BASIN MARINA MONTHLY SUMMARY GROSS REVENUES Attached please find the "Monthly Summary of Gross Revenues" reported from the Rhino Room, for the Hatch Restaurant, Gazebo and Tower, for the month of August 2000. This report is required as per Section 6, paragraph e (ii) of the City's Lease agreement with the Rhino Room (Operator of the Hatch). REFERRED TO THE TASK FORCE ON ERIE BASIN MARINA NO. 36 MARINE DRIVE RECONSTRUCTION PROJECT Part of the Marine Drive Reconstruction Project includes work on the presently unnamed street at the rear of the Buffalo Memorial Auditorium. This unnamed street connects present Marine Drive with Main Street at a point approximately opposite its intersection with Scott Street. To avoid any future confusion, the Division of Engineering, in conformance with the procedures of Article XVI of Chapter VI (Naming of Streets, Parks and Public Buildings) of the Ordinances of the City of Buffalo is requesting that the dedicated public street right-of-way extending between present Marine Drive, on the west, to Main Street, on the east (as shown on the attached map - Exhibit A) be officially named MARINE DRIVE. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 RESCIND APPOINTMENT OF ARTHUR OSUORAH- SENIOR ENGINEERING ITEM #61, C.C.P. 09/19/2000 Members of the Council's Civil Service Committee have asked for additional information on why the appointment of Mr. Arthur Osuorah was rescinded on September 12, 2000. On July 14, 2000 a Certificate of Appointment, appointing Mr. Osuorah to the position of Senior Engineer (Structural), was filed with the City Clerk. On July 18, 2000 a letter seeking Civil Service approval of the nomination of Mr. Osuorah to this position was sent to the Commission. This appointment was filed in error, because the Civil Service Commissioner had never approved Mr. Osuorah's appointment. On September 11, 2000 Civil Service notified us that the appointment would have to be rescinded. Thusly, Mr. Osuorah was terminated on September 15, 2000. Page 22 00-1003.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 TREES AT 220 BERKSHIRE (AT COMSTOCK) #89 CCP SEPTEMBER 19, 2000 The following trees were inspected at 220 Berkshire: 24" Silver Maple (on Comstock) 34" Silver Maple (on Comstock) 20" Norway Maple (on Comstock) I I" Eur. Hornbearn (located on Berkshire) All four trees were found to be alive and sound. They have been added to the trim list. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective: September 18, 2000 in the Department of Public Works, Parks and Streets, Division of Streets to the Position Of Exterminator Permanent Appointment at the Intermediate Starting Salary of $25,052 Robert Licata, 263 Baraga Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 40 J. CHAMBLESS, METRO POLICING PATROL -FUNERAL PROCESSIONAL ESCORTS ITEM# 93, CCP SEPTEMBER 5, 2000] Due to the numerous legal and labor related issues involved in making such a determination, The Buffalo Police Department would request that the Corporation Counsel and the Human Resource Department (Labor Relations) fully explore the feasibility of enacting an ordinance before offering any recommendations. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 B. GRANT, T. JACKSON - AUTO, ACCIDENT INCIDENT] ITEM# 96, CCP SEPTEMBER 5, 2000 In response to the above referenced item, please be advised that the incident is presently under active investigation. REFERRED TO THE COMMITTEE ON CITIZEN RIGHTS NO. 42 B. GRANT, C. SPEERS,-INQUIRY-CALL FOR ASSISTANCE IN SHOSHONE PARK ITEM #91 CCP SEPT. 19, 20001 In reference to the above mentioned item, please refer to the attached letter. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION NO. 43 B. SHARP- POLICE BRUTALITY INCIDENT ITEM# 99, CCP SEPTEMBER 5, 2000 In response to the above referenced item, please be advised that the incident is presently under active investigation. REFERRED TO THE COMMITTEE ON CITIZENS RIGHTS NO. 44 Page 23 00-1003.txt SPEEDING AND LOUD MUSIC ON BEST ST. RES 115, CCP SEPTEMBER 2000 Regarding the complaint of loud music and speeding on Best St. this has been addressed by both the Traffic Division and B-District. Mr. James Kennedy who was responsible for gathering several petitions complaining about the lack of enforcement on Best Street was contacted by Inspector Redmond of 13- District. As a result, enforcement was increased using B-District personnel and traffic officers. When last contacted by Inspector Redmond, Mr. Kennedy expressed satisfaction with our efforts. We will continue our enforcement in this area, and hope that we can curtail the speeding and loud music that effects this neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL No.45 Braco-1- Refund of Excess Real Property Taxes 1999-00 On November 30, 1977, a contract was executed by the City of Buffalo and Braco-I, limiting Braco-I's real property tax liability as to certain properties, pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. This contract places a real property tax ceiling of $45,599 as to City and County Taxes combined, and exempts the real property from any further similar tax for the period of forty (40) years, beginning December 1, 1976. Consequently, if in any one fiscal year the combined City and County real property tax exceeds $45,599, the taxpayer is entitled to a refund of the excess, This refund is apportioned between the City and the County, according to the tax rates prevailing at the time. The parcels subject to the contract are as follows: 2 10 Allen Street 359-375 Busti Avenue 279 Niagara Street231 West Avenue 87 Whitney Place 346-350 Franklin Street 352-354 Franklin Street 922-928 Main Street 74-78 Grant Street 79 Mariner The present application covers the 1999-00 tax year and is as follows: 1999-00 City Tax $43,236.52 2000 County Tax $6,264.99 Total Tax Paid $49,501.51 Less Combined ceiling $45,599.00 Overpayment $3,902.51 The City's share is .873 x $3,902.51 or $3,406.89 The Corporation Counsel hereby requests authorization to arrange for a refund of $3,406.89 to Braco-I as a return of property tax overpayment for the 1999-00 tax year. Mrs. LoTempio Moved: That the above communication from the Corporation Counsel dated September 19, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a refund of $3,406.89 to Braco-I as a return of property tax overpayment for the 1999-00 tax year for the parcels as listed in the above communication. Passed AYES - 13 - NOES - 0 No.46 Page 24 00-1003.txt Review of Nominee for Appointment-Buffalo Environmental Management Commission C.C.P, 07/25/00, No. 107 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of September 19, 2000) that the following nominee to the Buffalo Environmental Management Commission has no outstanding debts to the City: RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No.47 Restaurant Dance Class III 120 Church Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Class III Restaurant Dance License located at 120 Church and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance License is being sought and according to the attached reports from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Robert W. Bahr, Jr. The attached thereto for Robert W. Bahr, Jr. d/b/a Tiffany Rose at 120 Church. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No.48 Secondhand Dealer 40 Allen 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 40 Allen and find that as to form it is correct. I have cause 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 it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Hazelyn Law. The attached thereto for Hazelyn Law d/b/a UT Plus located at 40 Allen. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No.49 Secondhand Dealer 74 Allen 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 74 Allen 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 Page 25 00-1003.txt 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 Loretta Evans. The attached thereto for Loretta Evans d/b/a The Dressing Room located at 74 Allen. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No.50 Used Car Dealer 932 Hertel 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 932 Hertel 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 t moral character of Steven Heilig. The attached thereto for Steven Heilig d/b/a Autobahn Repairs LTD located at 93 Hertel. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No.51 Certificate of Appointment AMENDED APPOINTMENT DATE Appointment Effective: September 15, 2000 in the Department of Administration & Finance Division of Treasury to the Position of Head Teller Starting Salary of: $ 30,596.36 Carmen lovely 444 Ivories Avenue Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES No.52 ACTIVITY REPORT CIVILL SERVICE INVESTIGATION August I to September 15, 2000 During this time period, I have examined over 500 Civil Service applications With attention toward proof of residence and criminal history. This scrutiny has resulted in approximately 100 written reports or letters from this investigator. If the proof of residence in the application is insufficient, we will send notification to the applicant requiring further evidence of residence. If we feel that the material submitted by the applicant is questionable, it may require a visit to the area or address, or other investigating procedures- The Civil Service Commission requires that all applications showing criminal histories be scrutinized to determine the dispositions of the arrests. This requires a search of City Court records. If the case went to a Grand Jury and subsequently to a counts court, those records must be also be inspected and reported to the Commission. During the above stated time period, there has been one formal disciplinary hearing. This investigation required retrieval of over 40 documents, (mortgages, tax bills, auto registrations, etc.) visits to the subject's actual and asserted Page 26 00-1003.txt addresses during "off' hours and a canvas of the subject's Kenmore neighbors. (four of the five neighbors interviewed, stated that he lived there)- This case was adjourned after a full day of testimonies and will be continued when this hearing officer is again available. I currently have nine active residency investigations. At the Civil Service Meeting of September 6, 2000, Matt Van Vessem requested and received an extension for an additional 6 months to his residency waiver. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No.53 Info-Appt Senior Engineer Arthur Osuorah Mr. Arthur Osuorah was appointed provisionally, effective July 14, 2000 by the Department of Public Works, Parks and Streets, without the approval of the Civil Service Commission. It came to the Civil Service Commission's attention in September, that Mr. Osuorah was serving in the position of Senior Engineer (Structural), in the Division of Engineering. Correspondence was received from Commissioner Giambra, Department of Public Works, Parks and Streets dated September 12, 2000, requesting to extend Mr. Osuorah's temporary position. At the meeting held on September 13, 2000, the Commission denied Commissioner Giambra's request. Currently, Mr. Osuorah's application for this provisional position is being reviewed by the Civil Service Commission. It has been tabled for two weeks, for Mr. Osuorah to gather his verification of the information he has given staff and present it to the Commission. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION No.54 Amending the City Charter As the Commission on Citizens Rights and Community Relations ("Commission") has come together and started getting ourselves organized, we looked at the policy statement given in the City Charter. Our review led us to conclude that some minor changes in the language of that policy and the Commission's duties would better define our role and mission. Therefore, the Commission requests that the Common Council take appropriate action to make these proposed amendments to the City Charter. After due deliberations and unanimous vote by the Commission on Citizens Rights and Community Relations, the following amendments were approved: COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS Sec. 18-20. Commission on Citizens Rights and Community Relations: City Policy. It is the mission of the Commission on Citizens Rights and Community Relations of the City of Buffalo to strive to eliminate prejudice, intolerance, bigotry and discrimination to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, language, religion, sexual orientation, disability, nationality and age; and to assure respect for the civil Page 27 00-1003.txt liberties of all citizens Sec. 18-22. Duties and Powers. The duties and powers of the commission shall be to: (b) Investigate and recommend action in response to incidents, patterns and causes of discrimination on grounds of race, ethnic background, cultural background, language, religion, se* gender, sexual orientation, disability, nationality and age;. The Commission would welcome the opportunity to discuss these changes with the Council. Presently, we can be contacted through Peter Savage of the Mayor's Office or you may write to the Commission at P.O. Box 1691, Buffalo, New York 14215. REFERRED TO THE COMMITTEEON LEGISLATION AND THE CORPORATION No.55 2000 - 2001 BUDGET Pursuant to the Charter and ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6 - 22, we are hereby submitting a copy of The Buffalo Economic Renaissance Corporation Budget for the fiscal year commencing June 1, 2000. Please be advised that the BERC Board of Directors approved the budget at its May 31, 2000 meeting and the BURA approved the work program/budget at its September 28, 2000 meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK FROM THE BUFFALO BOARD OF ETHICS NO. 56 INCLUSION OF COMMISSIONER OF HUMAN RESOURCES AS EX OFFICIO MEMBER OF BOARD OF ETHICS Article II of the revised City Charter creates the office of the Commissioner of Human Resources and the Department of Human Resources. One of the duties and powers of that office is to supervise all employee training and evaluation programs, Charter  11-4. Within the newly created department is a Division of Employee Relations, charged (in part) with creating and maintaining a policy manual and employee handbook, Charter  II -10. In light of the ethical considerations that should be incorporated in any city employment policy manual or city employee handbook as well as any employee training developed by that Department, the Board of Ethics recommends including the Commissioner of Human Resources or the Commissioner's deputy to serve, ex officio, on the Board of Ethics. The Conmmissioner (or designee) would serve as the City Clerk and the Corporation Counsel presently serve on the Board of Ethics. This change would require amending the Code of Ethics  12-19 to add the Commissioner of Human Services (or deputy) as its eighth member. Attached to this communication is a draft proposal for such an amendment. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 57 DISPOSITION OF RECORDS Attached please find the following disposition of records Page 28 00-1003.txt from the following departments: Police Dept. RECEIVED AND FILED NO. 58 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 391WashingtonIsabel HartenberaIsabel Hartenberg 282 Franklin StBuffalo Chop HouseBuffalo Chop House 1458 Hertel AveLittle Talia trattoriaAmiralle Inc 619 South ParkDanny Boy'sRobin Purpera 1311 Kensington1311 KensingtonWalter Hall RECEIVED AND FILED NO. 59 LEAVES OF ABSENCE 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- Richard Ammerman X Police- Gwendolyn Williams' Cynthia Brooks Carol Williams, Jodie Bobeck-Nadrowski RECEIVED AND FILED. NO. 60 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED NO. 61 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: September 19, 2000 in the Department of COMMON COUNCIL to the Position of INTERN I, Seasonal, Non-Competitive at the flat Starting Salary of $7.00/hr Karrie A. Waligora, 42 Briggs Ave., BUFFALO NY 14207 Appointment Effective: October 2, 2000 in the Department of COMMON COUNCIL of to the Position of INTERN V, SEASONAL NON-COMPETITIVE at the flat starting salary of $8.00/hr Gregory M. Peoples, 42 Hawley St., BUFFALO NY 14213 Appointment Effective September 19, 2000 in the Department of COMMON COUNCIL to the position of Intern VI, Seasonal, Non-Competitive at the flat starting salary of Page 29 00-1003.txt $10.00/hr Linda M. Chwalinski,15 Duluth Ave., BUFFALO NY 14216 Appointment Effective: September 18, 2000 in the Department of COMMON COUNCIL to the Position of INTERN VI, Seasonal, Non-Competitive at the flat Starting Salary of $10.00/hr TeNeathia L. Wesolowski, 49 1/2 Essex St. Upper Bflo NY 14213 NO. 62 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments, RECEIVED AND FILED. Appointment Effective: September 19, 2000 in the Department of: Administration & Finance, Division of Inventory & Stores, Laborer II, Seasonal Appointment at the Flat Starting Salary of $6.92/per hr Steven Puglieses, 168 Cunard Rd., Buffalo NY 14216 Appointment Effective September 27, 2000 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer I,Seasonal, Non-Competitive at the Flat Starting Salary of $6.22/hr Jonathan F. Nasca, 12 Woodley Road, Buffalo 14215 Appointment Effective September 25, 2000 in the Department of Assessment to the Position ofClerk, Seasonal Non-Competitive at the flat Starting Salary of $5.20/HR. Susann Spagnuolo, 101 Newfield Street, Buffalo, New York 14207 Appointment Effective 9/18/00 in the Department of Community Services,Division of Senior Citizen to the Position of Senior Citizen Aide, Seasonal, Non-Competitive at the Minimum Starting Salary of $6.92/hr Elizabeth Barris, 90 Virgil Avenue, Buffalo, New York 14216 Appointment Effective October 2,2000 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Laborer II, Seasonal Non competitive at the Flat seasonal at the flat starting salary of $6.92/hr Joseph Gonzalez, 939 Busti, Buffalo 14213 Sarah Torres, 354 Amherst, Buffalo 14207 Appointment Effective October 2,2000 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Laborer II, Seasonal Non competitive at the Flat seasonal at the flat starting salary of $6.92/hr Gerald Bettingen, 925 West Avenue, Buffalo 14213 William Cornell, 115 15th Street, Buffalo 14213 Daniel Griffith, 608 Tonawannda, Buffalo 14207 Jason Stock, 46 Britt, Buffalo 14220 Appointment Effective October 2,2000 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Laborer II, Seasonal Non competitive at the Flat seasonal at the flat starting salary of $6.92/hr Judith Zaccagnino, 178 Fenton, Buffalo NY 14206 Milton Ziegler, 498 Perry, Buffalo NY 14204 Appointment Effective September 25, 2000, in the Department of Public Works, Parks and Streets, Division of Streets to the Position ofSeasonal Laborer II, Seasonal, Non- Competitive at the Flat Starting Salary of $6.92/hr George F. Barnes, 504 Norfolk, Buffalo, NY 14215 Joseph Chirico, 54 Ward Court, Buffalo, NY 14220 Page 30 00-1003.txt Philip P. Pugh, 35 Archer Street, Buffalo, NY 14210 Jerry L. Rainey, 228 Orange Street, Buffalo, NY 14204 Appointment Effective September 19, 2000 in the Department ofPublic Works, Parks & Streets, Division of Recreation to the Position of Rink Attendant, Seasonal Non competitive at the Flat seasonal at the flat starting salary of $5.15/hr Shane Casey, 137 Culver, Buffalo 14220 Rafael Ramos, 200 Condon, Buffalo 14207 Appointment Effective: 10/02/00 in the Department of 49-Stadium & Auditorium Division of 1-Dunn Tire Park to the Position of Laborer II Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Joseph Smietana, 24 Warren Avenue, Buffalo, 14212 NO. 63 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: September 18, 2000 in the Department ofCommunityServices, Division of SubstanceAbuse Servicesto the Position ofCounselor II Provisional Appointment at the Minimum Starting Salary of $27,278.00 Lenora J. Faraco, 414 Prospect Ave., Buffalo 14201 APPOINTMENT EFFECTIVE September 25, 2000 IN THE DEPARTMENT OFFire, Division of Fire CommunicationTO THE POSITION Of Emergency Services Fire Dispatcher, Permanent appointment at the minimum starting salary of $25,146 Katherine Burgio, 39 Hecla, Buffalo, 14216 Appointment Effective: 9/20/2000 in the Department of Law to the Position of Legal Secretary, Provisional Appointment at the minimum Starting Salary of $27,773.00 Lisa M. Lickfeld, 21 Choate Avenue, Buffalo, NY 14220 Appointment Effective October 2, 2000 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Temporary Appointment at the MinimumStarting Salary of $ 37,868. Kevin Coyne, 81 Red Jacket Parkway,Buffalo, NY 14220 Appointment Effective September 18, 2000 in the Department of Police to the Position of Crossing Guard, Temporary, Non-Competitive at the minimum starting salary of $7.09/hr Mary Reed, 430 East Utica, Buffalo, NY 14208 Joanne Cullen, 76 Good Ave., Buffalo, NY 14220 Appointment Effective September 25,2000, in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Community Recreation Aide, Provisional Appointment at the Minimum Starting Salary of $27,245 Steven Alvarez, 140 Linwood, Buffalo 14209 Appointment Effective: September 18, 2000 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Exterminator Permanent Appointment at the minimum Starting Salary of Page 31 00-1003.txt $24,331 Joseph A. Bonda, 149 commonwealth Ave, Buffalo, NY 14216 Appointment Effective: September 15, 2000 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Heating Equipment Service Worker, Provisional Appointment at the minimum Starting Salary of $25,159 Robert Buscaglia, 388 Amherst Street, Buffalo 14207 Appointment Effective September 25,2000 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Laborer II, Temporary, Non Competitive at the minimum Starting Salary of $10.76/hr Kenneth Pitts, 54 Decker, Buffalo 14215 Appointment effective September 26, 2000 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Special Services Instructor I, Temporary Appointment at the flat Starting Salary of $6.75/hr Christina Quinn, 175 Fenton, Buffalo 14206 Appointment Effective 10/02/00 in the Department of Stadium & Auditorium, Division of 1-Dunn Tire Park to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $10.25/hr Gerald Lewandowski, 173 Eden Street, Buffalo, 14220 James Delmont., 106 Hartwell Road, Buffalo, 14216 Matthew Kwietniewski, 141 Kenefick Avenue, Buffalo, 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No.64 STUART ALEXANDER Continuation of Consultant Service Contract Pursuant to our conversations, I am herein requesting a continuation of my Consultant Service Contract with Buffalo Neighborhood Revitalization Corporation. The current contract expires July 30, 2000, and I am requesting that the contract be extended for a one year period. (August 1, 2000 through July 31, 2001) In light of the time I have been devoting to the services as set forth in the original contract (20 hours per week at $50 per hour) for an annual amount not to exceed $52,000, 1 am requesting that the contract amount be increased to $54,000 with the understanding that the weekly billable hours will not exceed 22 hours per week. This next year under the direction of your Office of Strategic Planning I anticipate completion of-the City-Wide Master Plan, the implementation of a downtown housing financing program, and focusing on the creation and adoption of a Rent-To-Own Home Ownership Program, City-wide. In addition, I expect the Housing Analysis consultant study which study that will be undertaken by outside professionals will determine an appropriate cost effective management and planning structure for the variety of City-wide housing programs and strategies. This may entail a re-focusing on the overall housing delivery structure for the City. As always, I will be available to assist you in the variety of endeavors that may come to your attention over the course of the year. REFERRED TO THE COMMITTEE ON COMMUNITY Page 32 00-1003.txt DEVELOPMENT THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE HUD INSPECTOR GENERAL No.65 Support Save the Canal THIS LETTER IS IN REGARDS TO TIHE ERIE CANAL TURMOIL, I HAVE THREE WORDS FOR THAT "SAVE THE CANAL". SAVE HISTORY, DO NOT BURY, BUT REPAIR AND RESTORE THE ERIE CANALS COMMERCIAL SLIP TO WORKING CONDITION. AND TO RE-DECK THE CENTRAL WHARF AND SAVE THE BURIED STREETS AND RESTORE THEM TO WORKING CONDITION. MOST IMPORTANT " DO NOT BUILD A REPLICA SLIP ". REMEMBER THIS IS HISTORY WE ARE MESSING WITH, LETS DO THE RIGHT THING AND PRESERVE HISTORY NOT DESTROY IT. THIS IS THE FUTURE FOR GROWTH IN BUFFALO. THANK YOU FOR YOUR TIME IN THIS VERY IMPORTANT MATTER FOR ERIE COUNTY AND THE CITY OF BUFFALO. RECEIVED AND FILED No.66 Info Photo - ABC Hardware Enclosed please find copies of reports, pictures and other information from A-BC Hardware in reference to theft, vandalism, property damage and physical assault on an employee that have occurred at their business location(s). Please file this complete report with the City of Buffalo Common Council. If there are questions, please call my office. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLAN AND THE COMMISSIONER OF POLICE No.67 Various Complaints - Univ. Dist Please file these letters of complaint with the City of Buffalo Common Council. If there are questions, please call me. Thank you for your time and consideration. REFERRED TO THE COMMITTEE ON LEGIALTION AND THE COMMISSIONER OF PUBLIC WORK No.68 L. Duvall Req, 1146-1150 Lovejoy for use as a business expansion Attached is a letter from the Iron Island Preservation Society, I would like you to file for the Common Council meeting on Tuesday, October 3, 2000. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.69 Ord. Amend Ch 103 Thank you for meeting with myself, John Sporazza and Mike Adolf last Thursday in your offices. As members; of the Board of Directors of the Western New York Alarm Association we are, glad to know that you are open to listening to our concerns and ideas. It was a pleasure Page 33 00-1003.txt meeting with you. Regarding Ordinance Amendment to Chapter 103, section 26.1 there are several concerns that our membership us New York State licensed professionals have with this legislation They arc: 1. The amendment is redundant with the New York State Uniform Fire Prevention Code and its standard of reference in regard to Fire Alarm Systems, the National Fire Code N.FPA 721993. 2. The amendment is limiting the installation of Fire Alarm Systems to licensed electricians, Since New York State requires by law under Article 6-D of General Business Law That anyone who installs or maintains fire alarm systems is to be licensed by the New York State Department of State. Furthermore, the state will administer the licensing and provide testing to qualify for the license. l have attached a list of items that go into more specifies on the problems and/ or conflicts that this amendment presents. These requirements only serve to confuse business people, architects, and engineers as to what is required for Fire Alarm Systems in The City of Buffalo. They also increase the cost of doing business in the City of Buffalo unnecessarily for both new and existing businesses. Please let me know if I can answer any questions on this for you. I can be reached at 716-632-2030. REFERRED TO THE COMMITTEE ON LEGISLATION No.70 Universal Health Coverage The enclosed will detail the medical coverage available to the Buffalo Teachers Federation. It is based on the experience rating for the plan's 1500 enrollees. Also there is a saving in the BTF contract that should be a part of all City contracts. The Section 125 plan saves the City enormous dollars in pre-tax saving should this be a negotiated item? I would gladly give this to the City. Anything to save money for the City. I have enclosed a portion of the BTF contract which spells out the conditions which enable the plan to exist. I really feel this plan could work with some real effort on our part to help eliminate the barriers that the City (Eva Hassett) keeps placing in front of us. I would suggest that you contact Barbara Gullo of Blue Cross and Blue Shield. She is the expert and can outline both the pros and cons. REFERRED TO THE COMMITTEE ON BUDGET No.71 Adelphia Tech Changes Adelphia is moving rapidly into a new era of entertainment and telecommunications technology. We're making considerable investments to upgrade all of our cable systems across the country to prepare for this exciting time. The enclosed issue of the Adelphia Connection, our customer newsletter, is designed to explain what this change means to Adelphia customers. Although we currently offer Adelphia Digital Cable in certain areas, our investments and upgrades will allow us to offer an even broader variety of programming and advanced services to all of our customers in the near future. Adelphia customers will have access to: the choice of a vastly expanded channel lineup; the convenience of an interactive, on-screen programming guide; the highest-quality digital picture and sound; other exciting services this upgrade Page 34 00-1003.txt allows us to offer, including high-speed Internet access and video-on-demand. At Adelphia, it is our goal to bring the very best products, services and customer service to the communities we serve - and Adelphia Digital Cable is just one of the products that allows us to meet that commitment. We think it's important to keep you apprised of what Adelphia is doing for your community. Watch for future issues of the Adelphia Connection newsletter with more exciting news on Digital Cable and other products and services we plan to offer in the months to come. REFERRED TPO THE COMMITTEE ON TELECOMMUNICATIONS No.72 Homesteading Process At the Committee on Community Development meeting held on Wednesday. September 27, 2000, Mr. Hannon. Director of the Real Property, presented the attached document: It is. in response- to Resolution 276, CCP 7/25/00, "City of Buffalo's Homesteading Process", currently tabled in the Committee on Community Development. Please file this item for the next Common Council meeting, Tuesday, October 3, 2000. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.73 Req. Purchase of 762 E. Amherst This letter Is In regards to the property of 762 East Amherst, I would like this topic to go on the agenda before the council on October 3, 2000. I would like to purchase this property from the city. As of 11/30/00 I have been taking care of the vacant lot Shoveled the snow from the sidewalks, cutting the grass, and also keeping some of the garbage from the corner store off the premises. As of right now persons cut through the property to get to the other block without going around the corner. This is one of the main problems I have at 1:00 am in the morning people cutting across the dirt. Since city acquired the property they cut back grass once since I called, and put down green fertilizer on the grass by the street before the sidewalk. When the home was taken down the contractor tore down several parts of my fence In order to get the job done, never replaced. My whole intention is to fence the property with mine (760 E Amherst) and have a decent back yard for my kids. I really do not want the corner store (766 E Amherst) to purchase the property- and just pave the land and have a parking lot with smoke coming from cars and another hang out spot right next to my home. Thank you for your time and cooperation. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF REAL ESTATE No.74 Req funding- Edward Saunders Unity Building It has been brought to our attention by University District Councilmember Betty Jean Grant, that the expansion of the Edward Saunders Unity Building has been put on hold due to a debt cap implemented by the Comptrollers office. Page 35 00-1003.txt We understand that the debt limit has been set at $23 million dollars. The estimated cost for expansion Of Our facility is $800,000. One half of this amount is already in place and Councilmember Grant was one of the first persons at the table requesting the additional $400,000 to see this project through. We believe that the residents of this City have demonstrated the need for our Community Center. Membership is over 5,000 and growing weekly. Although we are pleased and proud to have a facility that can house a variety of programs and services for residents of all ages, we regularly have to turn down groups who request spaces to meet or Block Clubs needing to hold workshops or special events. At one point Our children's drama group had to meet next door in the Police Station because we simply had no more space for them! Hopefully, with the help of our Councilmember, we will be able to have $800,000 of the $23 million dollars that are available, allocated to this project. This Community has proven its need for additional space and we hope to see this project begin in the near future. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL PETITIONS No.75 J. Suffoletto, Agent, Use 2228 Delaware for a Ground Sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING, BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. No.76 B. BAUMKER, AGENT, USE 900 HERTEL FOR ILLUMINATED GROUND SIGN (HRG. 10/10/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATGEIC PLANNING AND CORPORATION COUNSEL. No.77 Support COPS Satellite Station The following is a list of signatures from residents in Kaisertown who wish to support a C. O. P. S. satellite station in the new Machnica Center REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF PUBLIC WORKS NO. 78 L. LIVINGSTON & OTHERS REQ. REPAVING OF E. AMHERST ST. FROM BAILEY TO SUFFOLK REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS CLAIMS COMMITTEE (BETTY JEAN GRANT, CHAIRPERSON) NO. 79 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out Page 36 00-1003.txt of alleged negligence on the part of the City, be compromised and settled: A1. Lee 0. Bostic$ 5,000.00 A2. Thomas Carella $ 4.500.00 A3. Richard A. & Susan M. Daubney$ 6,500.00 A4. Barbara J. Dennis $8,000.00 A5.Larry H. Gasbarrini$ 2,000.00 A6.Phyllis Morrell, Administratrix of the Estate of William Carl Prim, a/k/a Hanif Abdus-Sabr & Simona Prim$ 5,000.00 A 7.Brenda L. White$ 15,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, 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. PASSED AYES -13 NOES - 0 NO. 80 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: B1. Thomas Capodicasa, 38 Relich, Lackawanna New York 14218 Claim for damage to a 1991 Ford Bronco on 6-28-00. The Forestry Department was grinding out a tree stump in front of 140 Culver and some rocks and stones were huyrled against the Bronco cuasing chips in the paint. $ 437.00 B2. David J. Carroll, 33 Green Acres Road, Tonawanda New York 14150 Claim for damage to a 1999 Honda Civic on 5-8-00 at the corner of Nottingham Terrace and Delaware Avenue. A rock was propelled from a City lawnmower into his vehicle by the City crew that was cutting the grass at that location.$ 402.73 B3. Barbara Clawson-Cole, 52 Bame Avenue, 14215 Claim for two tires that were destroyed on 4-30-00 at 62 Burke Drive. Metal was protruding from the curb and sliced both tires as the claimant attempted to park her vehicle. The City had previous notice of curb problems on Burke Drive.$ 265.64 B4. Loretta E. Cunningham, 574 Roycroft Boulevard, Cheektowaga New York 14225 Claim for damage to a 1999 Buick Regal on 4-7-00 on Kensington Avenue near Sisters Hospital. Claimant ran over a large pothole which had previously been reported to the City as a hazardous condition. Her tire and rim were damaged. $556.85 B5. Davron Auto Repair & Collision, Inc., 2425 Broadway, 14212 Claim for payment of towing and storage costs involving a vehicle impounded in Cheektowaga on 12-17-98. The City sold the vehicle at auction. $281.88 B6 Claim for the towing and storage costs which claimant had to pay to the City. Her vehicle was stolen and recovered and brought to the Dart Street Impound Garage. The City has adopted a policy of refunding these charges if the Page 37 00-1003.txt person is a victim of a crime.$181.00 B7. Betty Feyes, 44 Palmer Avenue, Kenmore New York 14217 Claim for damage to a tire, wheel and hub cap on 4-19-00 at Voorhees and Parkside. A piece of metal was protruding from the curb and when parking the vehicle the damage occurred The City had previously been informed of hazardous curbs on Voorhees. $ 508.19 B 8 Francis John Apartments, 1201 Broadway, 14212 Claim for damage to a door and dead lock bolt at the Francis John Apartments on 5-16-00. The Fire Department responded to a life line call for one of the apartments. They previously had been given a key to gain access to the apartment but the crew neglected to bring it with them. This necessitated the breaking of the lock and damaging the door. $ 269.64 B9. Calvin Home, 49 Loepere Street, 14212 Claim for a CD Player and battery which were stolen from a vehicle at the Dart Street Impound Garage.$ 324.59 B 10.Louise Huber, 16GarnerAvenue, 14213 Claim for plumber costs as a result of constant flooding to the basement at 127 Arkansas. It was discovered that a street sign had been put up by the City and inadvertently installed through the sewer lateral cuasing blockages. $445.00 B 11. John J. Hudson, 340 Parker Avenue, 14216 New York Central Mutual Insurance Company A/S/O, 3815 California Road, Orchard Park New York 14127 This is a claim for damage to a 2000 Mercury Cougar on 2-15-00 at the intersection of Hertel and Shoshone. An area of the road heaved up because of the frost and water under the ground. This was in the area where the City and cleaned and lined the water lines about five years ago. The gravel or fill they used then was prone to this happening. John J. Hudson$270.00 New York Central Mutual Insurance Company$1,246.79 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -13 NOES - 0 NO. 81 PROPERTY DAMAGE B 12.Betty I Lawrence, 2628 Parker Boulevard, Tonawanda New York 14150 This is a claim for damage to a 1988 Plymouth Reliant on 2-6-00 on Michigan near Dodge Claimant hit a large construction hole which had opened on the street. We have determined that the excavation was made in 1997 by Apple Plumbing. After two years a cut in the street becomes the responsibility of the City with regard to maintenance.$ 488.08 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Grant moved: The approval of the claim of Betty J. Lawrence in the amount of Page 38 00-1003.txt $ 488.08 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. PASSED AYES -13 NOES - 0 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: B 13.Kelsey Miller, 67 Beatrice Avenue (Upper), 14207 Claim for damage to the frame of claimant's vehicle on 3-23-00 at the intersection of Ontario and Henrietta. Claimant hit a large previously reported pothole which had not been repaired.$ 352.72 B 14.Todd Pacer, 2275, George Urban Boulevard, Depew New York 14043 Claim for two tires which were damaged by metal protruding from the curb at Parkside and Parker Streets on 4-15-00. The City Clerk has had several complaints filed regarding the curbing in that vicinity in the past ten years.$ 505.01 B 15.Asimina Perikleous, 25 Livingston Street, 14213 Claim for a 1980 Mercedes Benz which was impounded and mistakenly sold at auction in February 2000. Due to a Police Department error, the vehicle was listed as a steal when in fact it was not.$ 1,025.00 B 16.Douglas Pressley, 12 Beverly Road, 14208 Claim for a 1987 Jeep Wrangler which was taken by the City and used as a City vehicle for five years. The National Insurance Crime Bureau felt that this vehicle should be returned to Mr. Pressly because of some question as to why he could not reclaim the vehicle five years ago. $ 3,500.00 B 17.Sandra Rivera & Daniel Kociszewski, 35 Tamarack Street, 14220 Claim for damage to a 1996 Ford Contour on 4-21-00 at 70 Indian Church Road. Mr. Kociszewski was driving down the street and a truck in front of him dislodged a large chunk of concrete from an old water cut and this concrete damaged the underside and parts of the moulding and fender of the vehicle.$ 1,107.59 B 18.Garland E. Robinson, 236 Southampton Street, 14208 Claim for damage to the home at 246 Southampton Street. On 8-1-00 the City crew was demolishing the house adjacent, at 250 Southampton. During the demolition process the chimney collapsed and fell onto claimant's property damaging the siding. $ 840.00 B 19.Frank Salvo, 98 South Pontiac Street, 14206 Claim for a broken back window on a 1991 Mazda on 8-19-00 at the Delaware Labor Center. Mr. Salvo, a Parks Department employees' back window was broken by a rock which was propelled into it by a lawn weekwacker being used by another City employee to cut grass at the Labor Page 39 00-1003.txt Center.$ 363.96 B 20.Mary Stachowski, 32 Hayden Street, 14210 Claim for exterminator bills for claimant's home at 32 Hayden Street. Large carpenter ants have been invading the home for the past several years. They seem to be coming from a large City owned tree in front of her house. $ 411.30 B 21.Henry C. Taylor, 32 Box Avenue, 14211 Claim for a twenty foot wooden stockade fence at 37 Rhoder Street. City crews were going to demolishing property at 36 Box Street. To perform the demolition, the crew had to remove the fence at 37 Rhoder in order to get better access to the Box Street property. $ 610.00 B 22. Allstate Insurance Company A/S/O Michael Threat Claim for damage to property at 187 Coit Street on 2-23-00. The City demolition crew was demolishing an adjacent house at 185 Coit Street and in the process damaged the property. $ 4,370.25 B 23.Ronald H. Ventola, Sr., 169 Virgil Avenue, 14216 Claim for damage to a 1994 Chevrolet Lumina on 5-24-00 at the South Ogden Transfer Station. Mr. Ventola, an employee of the Department of Street Sanitation had his vehicle parked at the South Ogden Transfer Station where he works. Some large ninety-five gallon garbage totes which were stored there got blown by the wind and thrown against his vehicle. $ 652.46 B 24.William M. Weir, 4454 Freeman Road, Orchard Park New York 14127 Claim for the cost of removal of some green paint from claimant's Vehicle on 3-17-00 on Delaware Avenue. Paint was splattered on the vehicle after the City had marked Delaware Avenue for the annual St. Patrick's Day Parade. $ 151.15 B 25.Lt. Gerald Zulawski, 40 Ganson Street (Firehouse), 14203 Claim for damage on 2-12-00 to several electrical appliances which were privately owned and kept at the Ganson Street firehouse by the firemen. A power line shorted out in the riser pipe which caused the damage. It has been determined that the line is the responsibility of the City. $ 1,000.00 B 26.Lisa Marie V. Zurek, 8466 Erie Road, Angola New York 14006 Claim for a pair of earrings which were misplaced at Police Headquarters on 2-29-00. Following her arrest, her property was taken. Later it was noticed that she still had her diamond/pearl 10K gold earrings on. They were removed from her person but instead of being put with her other property they were left on the desk in the cellblock. The following day upon her release the earrings could not be found. $ 160.87 B 27.Italian Festival Committee, P.O. Box 526, 14213 Claim for damage to a piano which was loaned to the Italian Festival Committee for their event on Hertel Avenue in July 2000. The City assumed responsibility of transporting the piano to the Delaware Labor Center following the Sunday night performance. In the course of transporting the piano it was damaged.$ 474.50 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 Page 40 00-1003.txt proper releases where such releases are indicated. PASSED AYES -13 NOES - 0 NO. 83 MISCELLANEOUS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C1. James Dingledey, 1446 Schoellkopf Road, Lakeview New York 14085 Claim for a refund of money paid to purchase property at 111 Baitz at the In Rem No. 33 sale, Serial No. 4360. The property was foreclosed by the City on 10-26-99. A Court Order dated 8-24-00 and granted by Hon. Timothy Drury was issued vacating the sale. The bid money was distributed to various City Departments who will reverse their payments and reimburse the Judgment and Claims account. $7,000.00 C 2. Edwin Ortiz, 68 Homer Avenue, 14216 Prior fiscal year claim for a refund for vehicle rental for Firefighter Ortiz who attended a seminar for fire investigation at the FBI Academy in Washington D.C. from June 5th to the 9th, 2000. The vehicle rental was approved by the Commissioner but the employee did not submit the receipt until July.$ 232.73 C 3. Robert J. Williams, 211 Potter Road, 14220 Claim for a prior fiscal year dental in lieu payment for a City employee from 7-1-95 to 6-30-98. Due to a computer error the employee was never paid. This has been confirmed by Labor Relations.$ 450.00 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. PASSED AYES -13 NOES - 0 NO. 84 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: DIAccurate Reporting Claim for payment of prior fiscal year Invoices #2418, #2502, #2503 & #2504 for Court reporting services rendered to the Department of Law.$ 659.00 D2. Alltel Supply Company, Inc. Claim for payment of prior fiscal year Invoice #483339 for services rendered to the Fire Department on 11-16-99. $ 241.14 D3. Boise Office Furniture Claim for payment of prior fiscal year Invoice #937042 for services rendered to the Police $ 155.12 D4. Buffalo News Claim for payment of various prior fiscal year invoices for services rendered to the City Clerk's Office for May and June 2000. $ 1,466,79 D5. Buffalo Small Animal Hospital Page 41 00-1003.txt Claim for payment of a prior fiscal year invoice for services rendered to PIW, Streets and Parks from 4-1 -00 thru 6-30-00.$ 2,040.00 D6. Colgate Heating Claim for payment of prior fiscal year Invoices #4711, #4712 and #4713 for services rendered to the Division of Buildings. $ 2,884.82 D7. Connors & Vilardo Claim for payment of prior fiscal year invoices for professional legal services rendered to the Department of Law for September 1999 and April, May and June 2000 regarding Jones Vs. City of Buffalo and Russell Vs. City of Buffalo.$ 9,037,16 D8. County of Erie Claim for payment of a prior fiscal year invoice for services rendered to the Department of P/W, Parks and Streets, Division of Parks and Recreation for rental of the County's Showmobile. $ 492,44 D9. Damon & Morey Claim for a prior fiscal year Invoice #83442 for legal fees owed to Damon & Morey. Hugh Daly was involved in an altercation with numerous Buffalo Police Officers while off-duty. Mr. Daly sued the City of Buffalo and numerous police officers claiming personal injuries. Damon & Morey was hired by police officer Randie Joseph's personal insurance carrier. Due to the issue of scope of employment, the Law Department agreed that the insurance company and the City would equally split the cost of legal services rendered on Officer Joseph's behalf$ 4,698.08 D10. Dival Safety Claim for payment of prior fiscal year Invoice #268744 for services rendered to the Fire Department.$ 150.00 D11.Erie County District Attorney Claim for payment of prior fiscal year Invoice 92000003416 for services rendered to the Police Department. The invoice is for services of Bell Atlantic. It is in reference to People Vs. John Doe #00 1068. $250.00 D 12.Ferguson Electric Service Claim for payment of prior fiscal year Invoice #TEGG80902 for services rendered to the Police Department. $948.00 D13. FM Communications Claim for payment of prior fiscal year Invoices #212426 and #212500 for services rendered to the Department of PW, Parks and Streets.$ 361.00 D14.Hiscock & Barclay, LLP Claim for payment of a prior fiscal year invoice for services rendered to the Department of Law regarding BURA Vs. LTV Steel, Hanna Furnace. Hiscock & Barclay sent the invoice to BURA.$ 4,397,77 D15.Jaeckle, Fleischmann & Mugel Claim for payment of prior fiscal year Invoices #66426 of 2-11-00 and #71344 of 6-30-00 for services rendered to the Department of Law regarding the 2000 Firefighter Interest Arbitration and the 1999 Police Contract Interest Arbitration. $ 3,115.00 D16.Manufacturers and Traders Trust Company Claim for payment or prior fiscal year service charges for June 2000 from the Treasury Department. $ 1,870.50 D17.Niagara Mohawk Power Corporation Claim for payment of prior fiscal year Invoices #166436, #159011, #168499, #169613 and # 172796 for services Page 42 00-1003.txt rendered to the City of Buffalo for April, May and June 2000 for replacement of street light standards at various locations throughout the City.$ 125,815.79 D18.Pitney Bowes Claim for payment of prior fiscal year Invoice #679294 for services rendered to the City Clerk's Office.$ 164.00 D 19.Uni First Corporation Claim for payment of prior fiscal year Invoices #0251372 of 6-12-00, #0252739 of 6-19-00 and #0254103 of 6-26-00 for services rendered to the Department of PW, Streets and Parks.$ 284.70 D 20.Verizon Wireless Claim for payment of prior fiscal year invoices, Account #007-70081215 of 5-14-00 and 6-14-00 and Account #W7-70013948 of 5-25-00 and 6-25-00 for services rendered to the Department of PW, Parks and Streets.$ 1,300.68 D21.West Information Group Claim for payment of prior fiscal year Invoice #45341 of May 2000 and Account #908-612-914 of 6-27-00 for services rendered to the Department of Law for library books received in May and June 2000.$ 1,785.72 D22.Yellow Freight Systems, Inc. Claim for payment of prior fiscal year Invoice, Bill #046-024305-5 for services rendered to the Department of P/W, Parks and Streets for payment of freight charges that were not included on the purchase order.$ 349.45 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. PASSED AYES -13 NOES - 0 NO. 85 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claim be paid E1. Richard C. Lewandowski, 34 Houston Street, 14220 The claim is for siding at 3 )4 Houston that was damaged when a snow plow ripped down the telephone wires. $ 210.00 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. PASSED AYES -13 NOES - 0 NO. 86 REPORT TO THE CLAIMS COMMITTEE E2. WILBERT MOORE, 57 PEACE STREET, 14211 This claim is being placed on the Agenda for discussion. At the Common Council meeting of 4-4-00 per Item No. 105 this claim was recommitted. The claim was denied at the Council meeting of 6-13-00. This claim is being resubmitted by the Department of Law to Page 43 00-1003.txt the Claims Committee for payment. On 1-30-99 the Narcotics officers executed a court ordered search warrant for 57 Peace Street. In doing so ($4, 100) was taken from Mr. Moore. Because we did not confiscate enough drugs or drug paraphernalia, Mr. Moore was not prosecuted in this matter. Mr. Moore is, therefore, entitled to be refunded his ($4, 100). This claim was previously denied by Common Council. Mr. Moore has retained an attorney in this matter and intends to pursue in claiming this is a violation of his civil rights. In view of the fact that we would have to expend time and money on this case and the fact that he is entitled to the money, the Department of Law feels that the refund should be given him. The Corporation Counsel recommends payment in the amount of$ 4,100.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Recommended by the Committee on Claims Mrs. Grant moved: The approval of the claim of Wilbert Moore in the amount of $ 4,100.00 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 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. PASSED AYES - BROWN, COPPOLA, GRANT, GRAY, LOTEMPIO, MARTINO, WILLIAMS - 7 NOES - BONAFACIO, ELLINGTON, FISHER, FONTANA, GOLOMBEK, PITTS - 6 NO. 87 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claims be paid: E3. Nicolette deCsipkay, 135 Ashland Avenue, 14222 Tree fell on a 1985 Mercury Topaz on 6-13-00 at 135 Ashland Avenue 1,225.00 E 4.Ferdinand Duran, 3 10 Bryant Street #6, 14222 Tree fell on a 1989 Mazda on 6-13-00 on Ashland and Bryant. $ 680.94 E 5.Hector R. Lozada, 3 10 Bryant Street, 14222 Tree fell on a 1988 Buick Regal at 133 Ashland Avenue on 6-13-00. $ 2,307.37 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. PASSED AYES -13 NOES - 0 CIVIL SERVICE Page 44 00-1003.txt (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 88 SALARY ORDINANCE AMENDMENT 20- POLICE DEPARTMENT (ITEM NO. 138, C.C.P., SEP. 5, 2000) (ITEM NO. 128, C.C.P., SEPT. 19, 2000) That the Salary Ordinance Amendment as contained in Item No. 138, C.C.P., September 5, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 89 SALARY AND WAGE SCHEDULE "K" 2000-02 (ITEM NO. 139, C.C.P., SEPT. 5, 2000) (ITEM NO. 129, C.C.P., SEPT. 19, 2000) That the Salary and Wage Schedule "K" as contained in Item No. 139, C.C.P., September 5, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 90 APPOINTMENT RESIDENCY INVESTIGATOR (MAX) (HR) (ITEM NO. 77-C.C.P. SEPT. 5, 2000) That Communication 77, Sept. 5, 2000 be received and filed and the provisional appointment of John P. Fahey stated above at the maximum salary of $36,043 effective on July 31, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 91 APPOINTMENT ACCOUNT CLERK (INTER) (ASSESS.TAX,) (ITEM NO. 36-C.C.P. SEPT. 19, 2000) That Communication 36, Sept. 19, 2000 be received and filed and the permanent appointment of Latifa A. Mack stated above at the intermediate salary of $27,132 effective on September 8, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 92 APPOINTMENT ASSOCIATE TAX CLERK (MAX) (ASSESS.TAX.) (ITEM NO. 3 7-C.C.P. SEPT. 19, 2000) That Communication 37, Sept. 19, 2000 be received and filed and the temporary appointment of Cheryl A. Yeates stated above at the maximum salary of $33,374 effective on September 13, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 93 APPOINTMENT - EQUIPMENT OPERATOR (ITEM NO. 50, C.C.P., SEPT. 5, 2000) (ITEM NO. I 11, C.C.P., SEPT. 19, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Williams Moved: That the appointment of Gregory Nelson stated above at the Page 45 00-1003.txt Intermediate salary of $27,596.00 effective August 28, 2000. PASSED AYES -13 NOES - 0 NO. 94 APPOINTMENT CAULKER SUPV. I (INTER) (PW) (ITEM NO. 62-C.C.P. SEPT. 19, 2000) That Communication 62, Sept. 19, 2000 be received and filed and the permanent promotion of Jerome Szczepanski stated above at the intermediate salary of $37,354 effective on September 4, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 95 APPOINTMENT LABORER (INTER) (PW) (ITEM NO. 63-C.C.P. SEPT. 19, 2000) That Communication 63, Sept. 19, 2000 be received and filed and the permanent noncompetitive of Ronald M. Leib stated above at the intermediate salary of $11.86 effective on September 11, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 96 APPOINTMENT REPORT TECHNICIAN (INTER) (POL) (ITEM NO. 64-C.C.P. SEPT, 19, 2000) That Communication 64, Sept. 19, 2000 be received and filed and the permanent appointment of Katherine D. McGarrah stated above at the intermediate salary of $26,606 effective on September 11, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 97 APPOINTMENT SYSTEMS COORDINATOR (MAX) (POL) (ITEM NO. 65-C.C.P. SEPT. 19, 2000) That Communication 65, Sept. 19, 2000 be received and filed and the permanent appointment of David Alba stated above at the maximum salary of $34,975 effective on September 11, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 98 APPT. -FIRE LT. (PERM.) (MAX) (FIRE) (CCP#66-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 APPT.-FIRE LT. (PERIN. CONT.) (MAX) (FIRE) (CCP#67-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 Page 46 00-1003.txt NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C.CLK.) (CCP#90-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 NOTICES OF APPTS. -TEMP. /PROV./PERM. (C.CLK.) (CCP#84-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 CHANGES-FIREFIGHTER RECRUITMENT PROCESS (CCP#141-SEPT. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 RESIDENCY RPT.-RESIDENCY INVESTIGATIONS (A&F) (CCP#63-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 POLICE OFFICER EXAMINATION (HR) (CCP#57-JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 K. LILLIS, CONCERN-POLICE EXAM (CCP#105-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 B. WILLIAMS-CONC. CT.-24 HR. USE-CITY VEH..-STS. DEPT. (#189,6/13)(4171,5/2)(#88,4/4) (CCP#173-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED Finance (Byron W. Brown, Chairman) No.107 Results of Negotiations - 69 E. Utica Street (Item No. 57, C.C.P., Dec. 28, 1999) (Item No. 13 1, C.C.P., June 27, 2000) That the offer from Mrs. Pamela Stokes, residing at 50 Han-Ain Road, in the sum of One Thousand Three Hundred and Fifty Dollars ($1,350.00) for the sale of 69 E. Utica 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 Page 47 00-1003.txt necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No.108 Results of Negotiations - 2002 Fillmore Avenue (Item No. 62, C.C.P., July 13, 1999) (Item No. 132, C.C.P., June 27, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs LoTempio Moved: That the offer from Mr. Michael Ridgeway, residing at 40 Swinburne, in the sum of Five Hundred and Fifty Dollars ($550.00) for the sale of 2002 Fillmore Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No.109 Results of Negotiations - 762 East Amherst Street (Item No. 16, C. C.P., Sept. 19, 2000) That the offer from Mr. Larry Livingston, residing at 760 East Utica Street, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the sale of 762 East Amherst Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No.110 Results of Negotiations - 1644 and 1646 Genesee Street (Item No. 17, C.C.P., Sept. 19, 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.111 Results of Negotiations - 177 Peach Street (Item No. 20, C.C.P., Sept. 19, 2000) That the offer from Mrs. Lucy Matt on behalf of New Zion Missionary Baptist Church, 318 High Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 177 Peach Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser-, Page 48 00-1003.txt That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No.112 Results of Negotiations - 226 Prospect Avenue (Item No. 21, C.C.P., Sept. 19, 2000) That the offer from Mr. George Alejandro, residing at 6914 Schuyler Street, Derby, New York in the sum of Eight Hundred and Twenty-Five Dollars ($825.00) for the southerly half of 226 Prospect Avenue and Mr. Pacern Razick, residing at 230 Prospect Avenue, in the sum of Eight Hundred and Twenty-Five Dollars ($825.00) for the northerly half of 226 Prospect Avenue, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchasers; That the transfer tax, recording fees and cost of legal description shall be paid by the purchasers; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES - 13 - NOES - 0 No.113 Bids - Reconstruction of Existing Cell Door Locking System Police Headquarters (Item No. 42, C.C.P., Sept. 19, 2000) That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Reconstruction of Existing Cell Door Locking System, Police Headquarters, to George A. Keene, Inc., the lowest responsible bidder, in the amount of $235,000.00. Funds for the project are available in CPF 34321106 -Division of Buildings. Passed. AYES - 13 - NOES - 0 No.114 Change in Contract - Delavan Moselle Center - General Construction (Item No. 44, C.C.P., Sept. 19, 2000) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Picone Construction, an increase in the amount of $61,041.96, as more fully described in the above communication, for work relating to Delavan Moselle Center, General Construction, C #92010071. Funds for this project are available in CPF 34320506 -Division of Buildings. PASSED AYES - BONEFACIO, BROWN, COPPOLA, ELLINGTON, FISHER, FONTANA, GOLOMBEK, GRANT, GRAY, MARTINO, PITTS, WILLIAMS 12 - NOES - LoTEMPIO 1 Page 49 00-1003.txt No.115 Inv. Incr. Fee for Grass Cutting (CCP#197-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.116 Req.-Develop Effective Grass Cutting Plan (CCP# 1 99-july 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.117 Req. to Dev. An Effective Grass Cuffing Plan for Gaiter Pkwy. (CCP#248-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No.118 Req.-Dev. Effective Grass Cutting Plan (PW) (CCP#45-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No.119 Investigate Incr. Fee for Grass, Cutting (PW) (CCP#43-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No.120 Implement Small Bus. Non-Homestead Rate Red. Plan (Ex. Fin. 2 Res.) (CCP#20 I -July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.121 Implement Sm. Bus. Non-Hmst. Rate Red. Prog. (Assess./Tax) (CCP#35-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No.122 Implement Sm. Bus. Non-Hmst. Rate Red. Prog. (A&F) (CCP#73-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No.123 Prov. Tax Relief-Purchasers-COB Tax Foreclosed Properties Page 50 00-1003.txt (CCP#128-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 124 Prov. Tax Relief-Purchasers-COB Tax Foreclosed Properties (A&F) (CCP#75-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No.125 Maintaining City Owned Vacant Lots (#255,6/13) (CCP#216-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No.126 Maintaining City Owned Vacant Lots (Sts) (#55,6/27) (CCP#217-July 25, 00) That the- above item be and the same hereby is received and filed. ADOPTED No.127 Sale/Leases Back-1731-33 Seneca St./497 Southside Pkwy. (Compt.) (CCP#32-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No.128 L. Duvall-Questions-Hennepin Park Expansion (CCP#94-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No.129 Citywide Demolitions (CCP#131-Sept. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED No.130 Citywide Demolitions (Compt.) (CCP#28-Sept. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED No.131 V. Vigiano, ABLEY, Response to Questions (CCP#101-Sept. 19,00) That the above item be and the same hereby is received and filed. ADOPTED Page 51 00-1003.txt Legislation (Richard A. Fontana, Chairman) No.132 Stavros Malliaris, Petition to Use 451 Elmwood Avenue - Restaurant (Item No. 102, C.C.P., Sept. 19, 2000) That after the public hearing before the Committee on Legislation on September 26, 2000, the petition of Stavros Malliaris, owner, for permission to use 451 Elmwood Avenue for a restaurant be, and hereby is approved. Passed. AYES - 13 - NOES - 0 No.133 Appointment Member to the Buffalo Municipal Water Finance Authority Board (Item No. 3, C.C.P., July 25, 2000) That the appointment of Thomas Keenan, residing at 34 Lancaster Avenue, as a member of the Buffalo Municipal Water Finance Authority Board for a two-year term be, and hereby is approved. Passed AYES - 13 - NOES - 0 No.134 Mitigation of Permit Fees-Fences (Exc. 2 nd Resolve) (CCP# I 75-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.135 Local Law Intro. No. 10 (2000) - Due Date for User Fee Payment's (Item No. 125, C.C.P., Sept. 5, 2000) That the Local Law as contained in Item No. 125, C.C.P., September 5, 2000, be and the same hereby is approved. PASSED AYES - 13 - NOES - 0 No.136 Ord. Amend.-Chapter 175-Fees (CCP#262-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.137 Response-Ord. Amend.-Chapter 175-Fees (Sts.) (CCP#57-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.138 Impact of NIMO Sale to Nat. Grid Group Plc. On COB (CCP#122-Sept. 5, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED Page 52 00-1003.txt No.139 Removal-"Free of Charge" Pkg. Meters for Disabled (A&F) (CCP#55-June 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No.140 B. Grant-L. Renford-Oppose Change to Handicap & Handicap Free Pkg. (CCP#84-July 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 B. WILLIAMS-T. LEWIS-OPPOSE PARKING FEE FOR DISABLED PARKERS (CCP#109-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 J. VANMEER & O-SUPP. REV. OF TRAFFIC DIR.-PORT. OF BIRD/CLAREMONT AVES. (CCP#114-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 REV. OF TRAFFIC DIRECTION ON PORTIONS OF BIRD & CLAREMONT AVENUES (CCP#236-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 REV. OF TRAFFIC DIRECTION ON PORTIONS OF BIRD & CLAREMONT AVENUES (PW) (CCP#44-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 INSTALL STOP SIGNS ALONG HUDSON AVENUE (CCP#277-JULY 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 B. GRANT-REMOVAL-TWO PKG. METERS-BAILEY AVE. A.M.E. ZION CHURCH (CCP#75-MAY 2, 00) That the above item be and the same hereby is received and filed. Page 53 00-1003.txt ADOPTED NO. 147 BUFFALO UTILITY FRANCHISE AGREEMENTS (CCP#167-MAY 16, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 148 BUFFALO UTILITY FRANCHISE AGREEMENTS (A&F) (CCP#51-JUNE 13, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 149 CHANGE OF ALT. PKG. DAY/TIME RESTRICTIONS FOR TYPE I ALT. PKG. (PW) (CCP#29-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 CHANGE OF ALT. PKG. TIME RESTRICTIONS FOR ALT. TYPE I SIGNS (#168,5/16) (CCP#166-SEPT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 B. GRANT, T. HEALY-RODENT CONTROL (CCP#97-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 DRINK SHIELDS - 64 WEST CHIPEWA STREET (ITEM NO. 53, C.C.P., SEPT. 19, 2000) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Frank Parisi, owner of the SoHo Bar, located at 64 West Chippewa Street, to install drink shields, which would encroach city, right-of-way at said address, subject to the following conditions: 1 . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the drink shields be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets, Division of Buildings. 3. That the applicant be responsible for maintaining said drink shield as long as they remain within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said drink shields. Passed. AYES-13. NOES-0. Page 54 00-1003.txt NO. 153 B. AFRIKA, COMM. VOICE ORG.-CREATION/AFR. AM. BUS. OPP. PROG, (#66,6/13) (CCP#208-SEPT. 19, 00) That the above item be and the same hereby is referred to the Committee on Minority Business Enterprise. ADOPTED NO. 154 DISCRIMINATION IS GROUNDS FOR RESCINDING A CITY CONTRACT (ITEM NO. 245, C.C.P., JULY 25, 2000) That this Common Council requests the Corporation Counsel to draft and file a clause, to be inserted in all City of Buffalo contracts, that would allow the City to rescind the contract when a confirmed finding of discrimination on the basis of race, sex, sexual orientation, national origin, age, disability or religion is made against the contractor by the City, the U.S. Equal Employment Opportunity Office, the New York State Division of Human Rights or by the Courts. ADOPTED. NO.155 SECOND HAND DEALER - 334 OAK STREET (ITEM NO. 69, C.C.P., SEPT. 5, 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 Garnett A. Tills d/b/a Quality Used Appliances, located at 334 Oak Street. PASSED. AYES-13. NOES-0. NO. 156 SECOND HAND DEALER - 616 ELMWOOD AVENUE (ITEM NO. 70, C.C.P., SEPT. 19, 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 Lucy Mancuso d/b/a Moda Antiques, located at 616 Elmwood Avenue. PASSED. AYES-13. NOES-0. NO. 157 USED CAR DEALER - 227 FILLMORE AVENUE (ITEM NO. 70, C.C.P., SEPT. 5, 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 Used Car Dealer License to Mariusz Grzegorek d/b/a S&L Auto Sales & Service, located at 227 Fillmore Avenue. Passed. AYES-13. NOES-0. NO. 158 USED CAR DEALER - 1523 BAILEY AVENUE (ITEM NO. 71, C.C.P., SEPT. 19, 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 Used Car Dealer License Page 55 00-1003.txt to Jeffrey Sikorski d/b/a A & J Auto Sales & Service, located at 1523 Bailey Avenue. Passed. AYES-13. NOES-0. NO. 159 USED CAR DEALER-2780 BAILEY AVENUE (ITEM NO. 72, C.C.P., SEPT. 19, 2000) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services, be, and he hereby is authorized to grant a Used Car Dealer License to David Staley d/b/a Olympic Motors, located at 2780 Bailey Avenue. PASSED. AYES-13. NOES-0. NO. 160 V. FOWLER & O-COMPLAINT-SPEEDING/PLAYING LOUD MUSIC ON BEST ST. (CCP#115-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 161 CREATION OF EMERG. ASST. SMALL BUS. DEV.-BUS. LOAN PROGRAM (BERC) (CCP#78-APR. 18, 00) Ms. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 162 FY 1998-99 AUDIT (BERC) (CCP#82-SEPT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 REQ. SITE DESIGN. FOR GREEN GOLD ECO-INDUSTRIAL DEV. (CCP# 131 -OCT. 19, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 URBAN HOMESTEAD - 698 SHERMAN STREET (ITEM NO. 276, C.C.P., JULY 25, 2000) That the Common Council does hereby request the Department of Strategic Planning, Division of Real Estate, report back to this Council on the feasibility of homesteading the property located at 698 Sherman Street to Donna M. Smith, property owner at 702 Sherman Street; and That the Department of Strategic Planning, Division of Real Estate, files their responses with this Common Council. PASSED AYES-13. NOES-0. Page 56 00-1003.txt NO. 165 RACE STREET RESIDENTS TO HOMESTEAD OR ACQUIRE LAND (ITEM NO. 172, C. C. P., MAY 16, 2000) That the Common Council requests that the Board of Education provide a report detailing their position on this matter; and That the Common Council requests that the Division of Real Estate provide the Common Council a report on the requirements for the residents to homestead or acquire this land; and That this Honorable Body requests that the Corporation Counsel comment on this resolution; and That all requested reports and policies be filed with the Common Council. ADOPTED. NO. 166 ALLOW RACE STREET RESIDENTS TO HOMESTEAD OR ACQUIRE LAND (COMPT) (ITEM NO. 22, C. C. P., MAY 30, 2000) That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 167 URBAN HOMESTEAD - 425 EAST UTICA STREET (ITEM NO. 100, C.C.P., SEPT. 5, 2000) That the Director of Real Estate is hereby requested to investigate the feasibility of homesteading the property at 425 East Utica Street. PASSED. AYES-13. NOES-0. NO. 168 TRANSFER OF TITLE, URBAN HOMESTEAD - 45 SWEENEY STREET (ITEM NO. 24, C.C.P., SEPT. 19, 2000) That the city-owned property commonly known as 45 Sweeney 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. David Erni, residing at 47 Sweeney Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES-13. NOES-0. NO. 169 TRANSFER OF TITLE, URBAN HOMESTEAD - 291 VIRGINIA STREET (ITEM NO. 25, C.C.P., SEPT. 19, 2000) That the city-owned property commonly known as 291 Virginia 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. Constancio M. Mendez, residing at 289 Virginia Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES-13. NOES-0. Page 57 00-1003.txt SPECIAL COMMITTEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 170 NEIGHBORS UNITED FOR SAFETY-REQ. PRECINCT #11 BECOME 6TH POL DIST.. (CCP# 113 -APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 J TOMASULO, W. SIDE BUS./TAXPAYER'S ASSN.-REQ. RETURN-POL. PRECINCT (CCP#111 -MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 J. LORIGO, INTL. MKTPLACE.-CONCERNS ABOUT CRIME IN AREA (CCP#105-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 J. LORIGO, INTL. MKTPLACE.-CONCERNS ABOUT CRIME IN AREA (POL) (CCP#36-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS By: Mr. Brown: NO.174 BOND RESOLUTION $780,000 BONDS FIRE-FIGHTING VEHICLES AND APPARATUS ACCOUNT 3000-21 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $780,000 General Improvement Bonds of said City, to finance the cost of fire-fighting vehicles, at the estimated maximum cost of $780,000. 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 Seven Hundred Eighty Thousand Dollars ($780,000), 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 the purchase of motor vehicles used for Page 58 00-1003.txt fighting fires including apparatus used in connection with such motor vehicles, including particularly an aerial ladder truck and four command post vehicles. 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 $780,000, 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 Department of Fire, "Purchase of Fire Apparatus", Bond Authorization Account No. 3000-21, and shall be used for the class of objects or purposes specified in Section I of this Bond Resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $780,000. 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 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. 27 of the Law, is ten (10) 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 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 Page 59 00-1003.txt 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: October 3rd, 2000 LAID ON THE TABLE. NO. 175 By: Mr. Brown A PLAN FOR COMMUNITY INPUT REGARDING THE RENOVATION OF THE MLK PARK WADING POOL Whereas: The wading pool in Martin Luther King, Jr. Park has been in a state of disrepair for over a decade, and the community has been outspoken in requesting the repair of this historic feature that was designed by Frederick Law Olmsted, and Whereas: State preservation and health regulations place several significant constraints on how this feature can be used and repaired; and Whereas: In light of those constraints, a proposal to convert the wading pool into a fishing pond emerged after a great deal of discussion in the community: and Whereas: The fishing pond project received funding, and construction was starting, when community opposition to the project emerged; and Whereas: At a September 21st community meeting at the Buffalo Museum of Science, a consensus was reached that construction of the fishing pond should be halted pending additional community input to determine what options are available and feasible for this site, and Whereas: At the urging of the Masten District Councilmember. the Mayor has agreed to halt construction of the fishing pond, and the only work that is proceeding is work on the outer walls of the wading pool and the historic light feature at the center of the pool - repairs that would need to be made regardless of the final plan for this site-, and Whereas: The process that has evolved has been a healthy one. and all voices are being carefully listened to. with an eye toward making this the best possible project for the community; and Whereas: The fishing pond project was funded at $1.5 million, and it will be important for all options to stay close to that figure to be considered feasible, Now, Therefore, Be It Resolved That: This Common Council endorses the following steps that are intended to provide a timely process that fully involves the community:  Halt construction of the fishing pond, for now  Confine construction on site to repairs to the wading pool that are required regardless of what options the community identifies  Hold more community meetings to reach a consensus on what wading pool renovations are possible  Actually hold a community-wide vote to allow the community to recommend the renovation option it prefers  Complete this process by the end of November. so this site can be transformed from an ill-kept relic to a point of pride for the community in time for the 2001 Juneteenth Festival. ADOPTED NO. 176 BY: MR. COPPOLA Page 60 00-1003.txt AMELIORATING PROBLEMS WITH DUMPSTERS Whereas: Handled properly, dumpsters can be an effective means of storing garbage: and Whereas: Handled improperly. dumpsters can attract rats and produce odors. and are an unsightly nuisance for neighborhoods; and Whereas: For City Inspectors to properly enforce the City Code. they must be able to identify the user of a dumpster.- and Whereas: At some commercial strips in Buffalo, there are several dumpsters from different restaurants and shops that are stored close to each other, leaving Inspectors confused about who to cite when violations occur, and Whereas: If the user of a dumpster is identified in some way - by decal. sign. registration with the City. or some other method it would help City Inspectors protect the public health and safety, and Whereas: It is important that dumpsters can be locked to protect users from unauthorized dumping, to protect haulers from hazardous and dangerous wastes left by unauthorized users, and to protect neighbors from overloaded dumpsters. Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft an ordinance amendment that would require all dumpsters used in the City of Buffalo to have a locking mechanism, and Be It Further Resolved That: This Council requests the Corporation Counsel, the Commissioner Of Public Works, and representatives of BFI Waste Management System-is. Modern Landfill, CID, Forever Elmwood. the Hertel North Buffalo Business Association and the Eric County Health Department to file their suggestions for feasible methods of identifying the users of dumpsters within tile City of Buffalo. and Be ft Finally Resolved That: These suggestions be filed with the City Clerk, 1308 City Hall, Buffalo. NY 14202, by 2:00 PM on Thursday, October 12, 2000 ADOPT FINAL TWO RESOLVES; THE REMAINDER TO LEGISLATION NO. 177 By: Mr. Coppola Change of Alternate Parking Time Restrictions For Alternate Type I Signs (No Parking 4:00 pm Wednesday to 4:00 pm Sunday and 4:00 pm Sunday to 4:00 pm Wednesday) Whereas: Motorists are encouraged to use public transportation for the purposes of conserving energy and mitigating air pollution; and Whereas: The use of public transportation leads to less congestion on downtown roads and parking spaces-, and Whereas: Parking signage requires a vehicle to move after 4:00pm to the other side of the street; and Whereas: People who work until 4:00pm or later and especially those who aid the city by using public transportation are penalized by parking tickets because they are unable to go from their jobs to their cars by 4:00pm; and Whereas: This also creates a problem, more severe in the summer months, for residents who go on weekend vacations or who attend a function on a Sunday. Now, Therefore, Be It Resolved: That The Department of Public Works change these signs to indicate new parking restrictions as follows: No Parking Page 61 00-1003.txt 6:00pm Monday to 6:00pm Thursday and No Parking 6:00pm Thursday to 6:00pm Monday. PASSED AYES-13. NOES-0. NO. 178 By: Mr. Coppola, Mr. Brown, Mrs. Miller-Williams, Mrs. Grant, Ms. Gray & Ms. Ellington REQUEST INFORMATION ON PROPOSED CONSOLIDATION OF CBO'S Whereas: The City of Buffalo has many Community Based Organizations (CBO's) and Neighborhood Housing Services (NHS's) which deliver vital services to city residents; and Whereas: Recently, the Office of Strategic Planning put out a request for proposals (RFP) for the management and delivery of the revolving loan program in the City of Buffalo; and Whereas: Joseph Ryan, Commissioner of the Office of Strategic Planning, states the RFP is a response to the recommendations cited in the report prepared for BURA by the Human Service Department of Corning, New York. and Whereas: The RFP further states all proposals are due in the Office of Strategic Planning by October 31, 2000, with a selection being made by December 1. 2000, and Whereas: Several questions have been raised regarding the RFP as proposed by the Office of Strategic Planning: Now, Therefore, Be It Resolved: That the Commissioner of the Office of Strategic Planning explain in detail the reasons for this proposed consolidation, and provide further details on what the City of Buffalo was cited for by HUD, that lead to this consolidation plan: and Be It Further Resolved: That this Common Council requests tile Commissioner of the Department of Strategic Planning to attend a special meeting in Conference Room 1417 at 11:00 a.m. on Thursday. October 12, 2000, to discuss the RFP and the proposed consolidation of NHS's and CBO's in the City of Buffalo-, and Be It Finally Resolved: That existing revolving loan funds be made available to the various housing CBO's to provide loans to income eligible City of Buffalo residents while questions regarding this RFP and the future of the revolving loan program are fully addressed. ADOPT. NO. 179 By: Mr. Fontana ECPBA HALLOWEEN PARADE Whereas: O Saturday, October 28, 2000, The East Clinton Professional & Business Taxpayers Association is sponsoring a Halloween parade for the community; and Whereas: The parade will run from 12:00pua to 3:00pm on Clinton Street from the City Line (Pierce Street) to Houghton-Stachowski Park; and Whereas: The ECPBA requests that all permits associated with the parade be waived; and Therefore Be It Resolved: That the Common Council waives all fees associated with this event. PASSED AYES-13. NOES-0. Page 62 00-1003.txt NO. 180 By: Mr. Fontana ELBTA & ABLEY HALLOWEEN PARADE Whereas: On Tuesday, October 31, 2000, East Lovejoy Business and Taxpayers Association & ABLEY are sponsoring a Halloween parade for the community; and Whereas: The parade will start at 6:00pm at the bus loop on Lovejoy and Goethe Streets and continue down to the Hennepin Park area where it will conclude it's activities by 9:00pm ; and Whereas: ELBTA & ABLEY requests that all permits associated with the parade be waived; and Therefore Be It Resolved: That the Common Council waives all fees associated with this event. PASSED. AYES-13. NOES-0. NO. 181 By: Mr. Fontana AREA MAINTENANCE ON WILLIAM STREET Whereas: Cheektowaga and buffalo share a common border that extends the length of the Lovejoy District; and Whereas: Both municipalities have worked together well on border projects such as the Genesee Street and Walden Avenue business strips; and Whereas: Recently a local group of volunteers cleaned up the Cheektowaga - Sloan side of the William Street rail-way bridges coming into Lovejoy; and Whereas: Quite often this area bordered by Richard Drive and William Street becomes overgrown and dangerous to pedestrians; and Whereas: Groups such as the William Street taxpayers association and the east side Democratic club are unable to maintain the embankments on a monthly basis; and Whereas: Currently Cheektowaga maintenance crews do a great job on the triangle Island on William Street this resolution calls for the expansion of that maintenance to the embankments that border William Street; and Now, Therefore, Be It Resolved: That the Village of Sloan and the Town of Cheektowaga develop a plan to maintain the overgrown embankments on William Street coming into the Lovejoy neighborhood; and Therefore, Be It Resolved: That the Cheektowaga Highway Department report back to the Council on their plans for maintaining their section of William Street; and Therefore, Be It Finally Resolved: That the Buffalo City Clerk send certified copies of this resolution to the Village Clerk of Sloan and to the Cheektowaga Town Board. ADOPTED NO. 182 By: Mr. Golombek CHANGE TRAFFIC FLOW TO IMPROVE QUALITY OF LIFE Whereas: The couple of blocks on both the West and East sides of Elmwood Ave is an area known to its residents as the Elmwood Village. This area is full of beautiful homes occupied by homeowners ranging in age and family size; and Whereas: The population density in this area is an essential part of the pedestrian traffic that supports the vibrant Page 63 00-1003.txt Elmwood Ave. commercial strip; and Whereas: The traffic flow into this neighborhood from Elmwood and Forest Avenues has increased steadily over the years. The amount of traffic is currently at a point where the combination of the negative impact on the residents safety, and the constant 7:00 AM to 4:30 AM noise from cars and trucks has caused many families to move out of the area; and Whereas: Separate interests have canvassed the area with petitions on the traffic problem. An overwhelming show of support to reverse the direction of traffic of Bird Ave between Elmwood and Richmond Avenues, and reverse the traffic direction on Claremont Ave. between Potomac and Forest Avenue, has been demonstrated. Now, Therefore, Be It Resolved: This Common Council recognizes the concerns of the residents of the "Elmwood Village" and realizes the importance of these residents in supporting the commercial interests in the area; Be It Finally Resolved: That the Department of Public Works, Parks and Street Sanitation has already completed the necessary traffic studies, Therefore, this Common Council does hereby request the Department of Public Works, Parks and Street Sanitation to make the following changes. Change traffic direction on Bird from westbound to eastbound between Richmond and Elmwood Avenue, change Claremont Avenue traffic direction from southbound to northbound between Potomac Avenue and Forest Avenue. PASSED. AYES-13. NOES-0. NO. 183 By: Mr. Golombek WAIVE ASSOCIATED FEES - RIVERSIDE HALLOWEEN PARADE Whereas: On Saturday, October 28th, 2000, the Riverside Businessmen's Association will be sponsoring the annual Riverside Halloween Parade and Party; and Whereas: The parade will start at 714 Tonawanda Street and proceed north on Tonawanda Street to Riverside Park, then west through the park to the Riverside Park Ice rink parking lot; and Whereas: The Riverside Businessman's Association is providing cider, donuts, orange drink and coffee, free to a participants, their families and those that have watched the parade. They have also arranged the prizes for the costume contest which is one of the highlights of the event; and Whereas: For the parade the Riverside Businessmen's Association has requested a police escort, and a Fire truck to lead the parade as well as use of the parking lot at the Riverside Park ice rink; and Whereas: To make the parade a success the Riverside Businessmen's Association will need a parade permit for Tonawanda Street for Saturday, October 28 , 2000, between 1230pm and 200pm. The Riverside Businessmen's Association may also need a permit to use the parking lot at the Riverside Ice rink. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives all permit fees associated with the Riverside Businessmen's Page 64 00-1003.txt Association Halloween Parade and Party to be held on Saturday, October 28, 2000. PASSED. AYES-13. NOES-0. NO. 184 By Mrs. Grant & Mr. Fontana PROPER DISPOSAL OF ABANDONED TIRES TO PREVENT WEST NILE VIRUS INFECTIONS. Whereas: West Nile Virus has presented a threat to public health since its emergence in 1999. Culex Pipiens are the most common mosquitoes in this area. Currently Culex Pipiens mosquitoes are associated with the transmission of the West Nile Virus. To reproduce, mosquitoes lay their eggs in standing water. Abandoned tires act as a container to hold standing water, therefore providing ample opportunity for the reproduction of mosquitoes; and Whereas: Humans incur the West Nile Virus by the bite of an infected mosquito. When damp conditions are present, the mosquitoes life expectance is greater and the potential for infection is increased; and Whereas: Many streets and vacant lots are being used as illegal dumping grounds for abandoned tires. These abandoned tires provide a breeding ground for mosquitoes. Because the City of Buffalo does not have a set policy on picking up abandoned tires, there is concern that this may lead to future infections, not to mention the current unsightly view of abandoned tires throughout the City of Buffalo. Currently, citizens can haul tires away, at their own expense, to a city owned facility; however, many citizens do not utilize this right; and Whereas: These abandoned tires create an unsafe and hazardous condition that could lead to the potential spread of the West Nile Virus. Now, Therefore, be it resolved that: The Department of Sanitation should institute a policy of hauling away abandoned tires at frequent intervals or at least on a monthly basis; and Be it further resolved that: This policy takes effect immediately to rid the city of the eyesore of abandoned tires and; Be it finally resolved that: The Department of Sanitation appear before the City of Buffalo Common Council at its regular meeting on October 17th 2000 to respond to this resolution. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, CORPORATION COUNSEL AND THE ERIE COUNTY HEALTH DEPARTMENT. NO. 185 By: Mrs. Grant WAIVE FEE TO POST HEWITT/WESTMINSTER. AVE. BLOCK CLUB SIGN AT 523 HEWITT AVENUE-TRIANGULAR PARK Whereas: Block Clubs usually have Block Club Signs posted on their immediate street(s); and Whereas: In the City of Buffalo, block clubs are a liaison between the community and city government; and Whereas: Block clubs are the "eyes" in the community to Page 65 00-1003.txt help fight crime, drugs, and establish neighborhood unity; and Whereas: The City of Buffalo has waived the usual $12.00 permit fee to post block club signs on various streets in the City of Buffalo. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council approves the posting of a sign on city owned property for the Hewitt/Westminster Block Club. BE IT FURTHER RESOLVED: That the City of Buffalo Common Council approves this resolution at its next regular council meeting. PASSED. AYES-13. NOES-0. NO. 186 By: Mrs. LoTempio RECYCLING MATERIALS FROM DEMOLITIONS Whereas: The City of Buffalo has been demolishing buildings at the rate of 550-600 per year in recent years, and Whereas: The City of Buffalo has contracted with private contractors to demolish a substantial number of the buildings scheduled for demolition. and Whereas: Construction and demolition waste has been targeted by the New York State Department of Environmental Conservation as a recyclable waste stream; and Whereas: Erie County has a Construction and Demolition Debris Recycling Project that provides technical assistance to demolition contractors, and Whereas: The redirection of construction and demolition waste from the solid waste stream to recycling markets will promote local recycling businesses while protecting the environment; Now, Therefore, Be It Resolved That: This Common Council requests the Department of Public Works to work with the demolition contractors it hires to recycle as much demolition debris (rubble. metal, and some wood products) as is economically feasible; and Be It Further Resolved That: This Council further urges the Commissioner of Public Works to investigate the resources offered by the County through their Construction and Demolition Debris Recycling Program and to direct contractors to this program where appropriate; and Be it Finally Resolved That: That the Commissioner of Public works is requested to begin a tracking program. whereby demolition contractors hired by the City would report the amounts of demolition debris they recycle, allowing the Commissioner to report oil the rate of recycling from demolitions in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 187 By: Mrs. LoTempio APPOINTMENT OF MARRIAGE OFFICER Now, Therefore, be it resolved: That Mrs. Diana D. Davies be and hereby is appointed to the position of Marriage Officer for the City of Buffalo; and Be it further resolved: That this appointment will be effective immediately and remain in effect for a term not to exceed two (2) years. Page 66 00-1003.txt ADOPTED NO. 188 By: Mrs. Martino WAIVE FEES FOR CAZENOVIA PARK CASINO Whereas: On October 24, 2000, from 3:00 p.m. to 7:00 p.m. the Southtowns Catholic Cross Country League will host their first Annual Championship picnic, and Whereas: The Southtowns Catholic Cross Country League is a non-profit group with a limited budget; and Whereas: To announce this special event, the Southtowns Cross Country League is requesting that a waiver be granted for utilizing the Cazenovia Park Casino for their First Annual Championship picnic; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives all fees associated with the use of Cazenovia Park Casino for the Southtowns Cross Country League to hold their First Annual Championship Picnic on Tuesday, October 24, 2000 from 3:00 p.m. to 7:00 p.m. PASSED. AYES-13. NOES-0. NO. 189 By: Mr. Pitts APPOINTMENT TO THE BUFFALO PEST MANAGEMENT BOARD Whereas: The Buffalo Pest Management Board (PMB), was set up by the City of Buffalo in 1990 to help City departments reduce unnecessary use of toxic pesticides; and Whereas: The PMB has been very effective in its mission and is currently working to help the City implement the Sunset Ordinance, which phases out municipal use of toxic pesticides over a three year period; and Whereas: Patricia Ziolkowski, who served well on the Board, has resigned and Alan Lockwood, M.D. has stepped forward as a candidate to take his place; and Whereas: Dr. Lockwood is the head of the local chapter of Physicians for Social Responsibility and brings considerable expertise and experience to bear when he speaks out for the protection of public health; Now, Therefore, Be It Resolved That: This Council expresses its sincere thanks to Patricia Ziolkowski for her dedicated service on the Pest Management Board, which effected some groundbreaking accomplishments during her tenure; and Be It Further Resolved That: This Common Council appoints Alan Lockwood, M.D., of 85 Beard Avenue, Buffalo, NY 14214, to a two year term on the Buffalo Pest Management Board. ADOPTED. NO. 190 By: Mr. Pitts & Mrs. Willliams LAKEVIEW HOPE VI REVITALIZATION PLAN Whereas: The original Revitalization Plan for the Lakeview Homes was approved by the Buffalo Common Council in July, 1998 and was comprised of three steps known as Part A Phase 1, Part A Phase 11, and Part B; and Whereas: In May, 2000, the Buffalo Municipal Housing Authority resubmitted to the Common Council a revised HOPE VI Revitalization Plan for Lakeview Homes; and Whereas: The original plan previously submitted to the Page 67 00-1003.txt Common Council called for the demolition of only 100 existing units in Lakeview; and Whereas: In August, 2000, the Buffalo Municipal Housing Authority submitted another "revised" HOPE VI Revitalization Plan for Lakeview Homes to the Common Council, requiring the demolition of all the existing 666 units in Lakeview, a change reported to have been requested by the United States Department of Housing and Urban Development, and concurred with by the State of New York; and Whereas: The Buffalo Municipal Housing Authority has requested the Council's approval for the revisions to Phases 11 and III of the Revitalization Plan by November 1, 2000; and Whereas: It has been reported to the Buffalo Common Council that a member of the Buffalo Municipal Housing Authority Board, Stuart Alexander, has threatened to hold up the progress at the Frederick Douglas Towers project, an ongoing project, unless the Council meets the November 1, 2000 deadline. Now, Therefore, Be It Resolved That: This Common Council requests the City Clerk to send a Certified Copy to the Inspector General of the US Department of Housing and Urban Development (HUD) to conduct an investigation of the current Developer and their involvement with Stuart Alexander, a Commissioner of the Buffalo Municipal Housing Authority; and Be It Further Resolved That: The Common Council requests that HUD reject the present plan, which stipulates total demolition of the Lakeview Homes. ADOPT FIRST RESOLVE; REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 191 By: Mr. Pitts REQUEST PERTINENT DETAILS ON THE ADELPHIA DEVELOPMENT Whereas: The Adelphia project in Buffalo's Inner Harbor, if successfully carried out, could be a crucial shot in the arm for the local economy; and Whereas: For that reason, state and local governments have developed a package of incentives that heavily subsidize this development; and Whereas: Despite being asked to commit significant City resources to the Adelphia development, the Buffalo Common Council has not received adequate information on several aspects of the project; and Whereas: The key benefit ascribed to the Adelphia deal is its potential to create well-paying jobs, yet the Council has been presented with little information on what jobs will be created and how they will be filled; Now, Therefore, Be It Resolved: That this Common Council requests that the current memorandum of understanding between Adelphia Inc. and Empire State Development Corporation be filed with this Council; and Be It Further Resolved: That Adelphia Inc. submit a detailed plan to this Council for the development of the 2,500 new jobs. ADOPTED NO. 192 By: Mrs. Miller- Williams Page 68 00-1003.txt APPOINT LEGISLATIVE AIDE Whereas: I hereby appoint Ms. Irma E. Lorenzo, residing at 21 Centennial Walk. Buffalo, New York 14201 to the position of Legislative Aide to the Ellicott District Council Office, and Whereas: The position of Legislative Aide will pay a yearly salary of $28,800. Now, Therefore, Be It Resolved That: The above appointment be effective as of October 16, 2000. ADOPTED. NO. 193 By: Ms. Barbara Miller-Williams PERMISSION TO HANG "TRINITY WHITE ELEPHANT SALE" BANNER Whereas: The Trinity Episcopal Church is celebrating its Annual "Trinity White Elephant" Sale; and Whereas: Representatives from the Trinity Episcopal Church have requested permission to utilize two street light posts to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church, located at 371 Delaware Avenue from Monday, October 15, 2000 through Monday, November 12, 2000 in celebration of this event; and Whereas: The Trinity Episcopal Church representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed. Now, Therefore, Be It Resolved: That this Common Council grants permission to the Trinity Episcopal Church to hang a banner celebrating their Annual Trinity White Elephant Sale on Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from October 15, 2000 through November 12, 2000 providing the banner meets the requirements of all pertinent City Departments and insure that no existing laws or ordinances are violated. PASSED. AYES-13. NOES-0. NO. 194 By: Ms Miller-Williams SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE 1101 - DETECTIVE DIVISION The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 20 - Department of Police, 1101 - Detective Division, which reads: 84 Detective $50,635 Is hereby amended to read: 88 Detective $50,635 These positions are contingent upon the continuation of a leave of absence of four (4) Detectives. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, ROCCO J. DIINA, POLICE COMMISSIONER and JAMES B. MILROY, DIRECTOR 0 BUDGET, hereby certify that the above change is necessary for the proper conduct, administration are performanance of essential services of Page 69 00-1003.txt that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. Rocco J. Diina Police Commissioner James B. Milroy, Ph. D. Director of Budget APPROVED AS TO FORM Michael B. Risman Corporation Counsel PASSED. AYES-13. NOES-0. NO. 195 By: Ms. Williams WAIVE PERMIT FEE, ELLICOTT HOUSES, INC. Whereas: Ellicott Houses. Inc. has an application on file with the New York State Housing Trust Fund Corporation to create 64 housing units; and Whereas: On February 15, 2000, the City Planning Board conducted a citywide design and site plan review for the Ellicott Townhomes project, and Whereas: The City Planning Board has billed Ellicott Houses, Inc. $1,000 on May 1, 2000 for the services that were provided; and Whereas: An unexpected delay in receiving funding has caused a severe cash flow problem at Ellicott Houses, Inc.: Now, Therefore, Be It Resolved: That this Common Council waive the $1,000 site plan review fee charged to Ellicott Houses, Inc., in relation to the Ellicott Townhomes project. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. NO. 196 By Mrs. Williams FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Buffalo Police Reserves By All Councilmembers Felicitation for Sister Joanne Fogarty By Councilmembers Fontana & Pitts and City Clerk Michaux III ADOPTED. NO. 197 By: Mrs. Williams APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, Page 70 00-1003.txt 2000, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City. Jeffrey Rinaldo ADOPTED. UNFINISHED BUSINESS NO. 198 BOND RESOLUTION-$ 1,000,000-JFK RECREATION CTR. (NO. 209 C.C.P. SEPT. 19, 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. Golombek. PASSED AYES-13. NOES-0. NO. 199 BOND RESOLUTION-$1,500,000-ENV. TESTING & REMEDIATION (NO. 210-C.C.P. SEPT. 19, 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. Golombek. PASSED AYES-13. NOES-0 NO. 200 BOND RESOLUTION-$3,000,000 -NEIGHBORHOOD REDEV. /CLEARANCE ACTIVITIES (NO. 211, C.C.P. SEPT. 19,2000) 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. Golombek. PASSED AYES-13. NOES-0. NO. 201 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 10, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, October 10, 2000 following Civil Service Committee on Legislation Tuesday, October 10, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev. Wed., October 11, 2000 at 10:00 o'clock A.M. Committee on Education Wed. October 11, 2000 at 2:00 o'clock P.M. Page 71 00-1003.txt Special Committees MBEC Monday, October 16, 2000 at 10:00 o'clock A.M. Room 1417 City Hall. NO. 202 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council ad.joumed at 4:15 p.m. CHARLES L. MICHAUX, III CITY CLERK Page 72