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HomeMy WebLinkAbout04-010604- 0106.txt No.1 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO 7anuary 6, 2004 Reorganization meeting 7anuary 2, 2004 MAYOR Hon. Anthony M. Masiello ACTING COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL David A. Franczyk PRESIDENT PRO TEMPORE Bonnie E. Russell MAJORITY LEADER Marc A. Coppola DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVE30Y ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH JAMES GRIFFIN - SOUTH BONNIE RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie Russell, Chairman, Richard Fontana, 7oseph Golombek, Antoine Thompson- Members CLAIMS COMMITTEE: James Griffin, Chairman, Richard Fontana, 7oseph Golombek, Antoine Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr Chairman, Dominic J. Bonifacio, Bonnie Russell, Antoine Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Marc Coppola, lames Griffin - Page 1 Members. 04- 0106.txt LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc Coppola, Bonnie Russell - Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: David A. Franczyk Chairman, Marc Coppola, Bonnie Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Dominic J. Bonifacio Jr, Chairman, Marc Coppola, Brian Davis, Joseph Golombek Jr.- Member MBEC: Antoine Thompson Chairman, Brian Davis, lames Griffin - members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 6, 2004 AT 2:00 P.M. PRESENT - President Franczyk, and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Golombek Griffin, Russell and Thompson - 9 ABSENT - None. on a motion by Mr. Coppola , seconded by Mr.Fontana, the minutes of the stated meeting held on December 26, 2003 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING No. 1 Transfer of Title urban Homestead Program 63 Beckwith (City -owned vacant Lot, 33'x 52') The office of strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 63 Beckwith, Buffalo, New York, parcel is 33'x 52' in dimension; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mr. Leonard F. Watts and Ms. Mary Tones reside at 65 Beckwith Street, Buffalo, New York 14212 have indicated they will clean, improve and maintain the lot at 63 Beckwith Page 2 04- 0106.txt street in the event they obtain title to the property under the urban Homestead Program. The Department of Permit and Inspection services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. we, therefore, recommend the City -owned vacant lot be designated as a Homestead Property and be transferred to Mr. Leonard F. watts and Ms. Mary Tones on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2 Transfer of Title urban Homestead Program 326 Moselle (City -owned vacant Lot, 30'x 112') The office of strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 326 Moselle, Buffalo, New York, parcel is 30'x 112' in dimension; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mr. Steven Gayles resides at 324 Moselle street, Buffalo, New York 14211 has indicated he will clean, improve and maintain the lot at 326 Moselle street in the event he obtains title to the property under the urban Homestead Program. The Department of Permit and Inspection services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. we, therefore, recommend the City -owned vacant lot be designated as a Homestead Property and be transferred to Mr. Steven Gayles on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Coppola Moved: That the above communication from the office of strategic Planning dated December 17, 2003, be received and filed; and That the city -owned property commonly known as 326 Moselle street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Steven Gayles, residing at 324 Moselle street, for the amount of one Dollar (51.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 9 - NOES - 0 NO. 3 Transfer of Title urban Homestead Program 6 Pleasant Place (City -owned vacant Lot, 30'x 120') The office of strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 6 Pleasant Place, Buffalo, New York, parcel is 30'x 120' in dimension; and it Page 3 04- 0106.txt has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Ms. Delilah Lowman at 4 Pleasant Place, Buffalo, New York 14208 has indicated she will clean, improve and maintain the lot at 6 Pleasant Place in the event she obtains title tc the property under the urban Homestead Program. The Department of Permit and Inspection services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. we, therefore, recommend the City -owned vacant lot be designated as a Homestead Property and be transferred to Ms. Delilah Lowman on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Coppola moved: That the City- owned property commonly known as 6 Pleasant Place, is hereby designated as Homestead Property and that the Mayor be and he hereby is authorized to execute a deed transferring said property to Ms. Delilah Lowman residing at 4 Pleasant Place, for the amount of one Dollar($ 1.00) and no more and all costs of transfer on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner PASSED AYES - 9 NOES - 0 NO. 4 Transfer of Title urban Homestead Program 15 Timon street (City -owned vacant Lot, 30'x 61', with 121' x 60.52' in the rear The office of strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 15 Timon street, Buffalo, New York, parcel is 30'x 61'with 121' x 60.52' in the rear; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mrs. Hattie Austin at 11 Timon Street, Buffalo, New York 14211 has indicated she will clean, improve and maintain the lot at 15 Timon street in the event she obtains title to the property under the urban Homestead Program. The Department of Permit and Inspection services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. we, therefore, recommend the City -owned vacant lot be designated as a Homestead Property and be transferred to Mrs. Hattie Austin on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Coppola Moved: That the above communication from the office of strategic Planning dated December 29, 2003, be received and filed; and That the city -owned property commonly known as 15 Timon 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 Mrs. Hattie Austin, residing at 15 Timon street, for the amount of one Dollar ($1.00) and no more, and all costs of transfer, on the Page 4 04- 0106.txt condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 9 - NOES - 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No.5 Board of Assessment Review Appoint Permanent Member The Department of Assessment and Taxation was notified on November 18, 2003 that Mrs. Ruthetta Smikle, 126 Crescent Ave, Buffalo, New York 14214 is resigning her appointment to the Board of Assessment Review for person, reasons. The City of Buffalo's Assessment challenge period commences on 7anuary 5, 2004 and new appointees must receive training and be certified by New York state before they ran participate. Therefore I am respectfully requesting your Honorable Body to fill the unexpired portion of Mrs. Smikle's term as soon as possible. At this time I would like to recommend Robert Zielinski, 30 Lyman, Buffalo, New York 14206 to fill the permanent appointment which will expire on September 30, 2007. Since 1996 he has served on the Board of Assessment Review as a temporary member. Mr. Zielinski retired in 1992 from City of Buffalo employment after nearly 38 years of service that started in the Engineering Department. In 1964 Mr. Zielinski became an Assessor in the Department of Assessment, in time was promoted to senior Assessor and eventually was appointed to the position of Principal Assessor. Mr. Zielinski's many years of public service in the Assessment Department, his experience with assessing methods and familiarity with New York state Real Property Law will enhance and complement the existing Assessment Board of Review in its service to the City and her citizens. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 6 Notification serial #9762 Install No standing on Barker Street, south side between a point 120 feet west of Linwood Avenue and a point 67 feet west therefrom NO STANDING - INSTALL In conformity with section 49 of Chapter 479 of the ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of subdivision 22 section 15 of Chapter 479 of ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Barker Street, south side between a point 120 feet west of Linwood Avenue and a point 67 feet west therefrom PROHIBITED PERIOD At all times Page 5 04- 0106.txt This action is being taken to provide safer access to the adjacent driveways and will not adversely affect on- street parking. RECEIVED AND FILED NO. 7 Report of Bids Reconstruction of Main Street - Phase I between Hertel Avenue and Bailey Avenue NYSDOT PIN 5034.93 This is to advise Your Honorable Body that I have advertised and received bids on December 19, 2003. The following bids were received: Contractor Total Bid Price Concrete Applied Technologies Corp. d /b /a/ CATCO . $15,296,217.38 1266 Townline Rd. Alden, New York 14004 Di PizioConstruction Co., Inc $16,359,000.00 100 Stradtman street Cheektowaga, New York 14206 Oakgrove Construction, Inc $17,592,095.00 6900 Seneca street Elma, New York 14059 Holmes & Murphy, Inc $19,922,511.52 75 Bank street orchard Park, New York 14127 I hereby certify that the lowest responsible bidder for the above project is Concrete Applied Technologies Corp. d /b /a CATCO and I respectfully recommend that Your Honorable Body authorize a contract award to Concrete Applied Technologies Corp. d /b /a CATCO in the amount of $16,061,028.23. (Base Bid of $15,296,217.38 + [5% unit price increases] $764,810.85 equals [Total Award] $16,061,028.23.) Funds for this project will be available in a Capital Project Account for Local Match Reserve. This project is Federally Funded and is 95% reimbursable. The engineer's estimate for this work is $15,110,649.60. A detailed cost breakdown by item is attached for further reference. Mr. Coppola Moved: That the above communication from the Commissioner of Public works, Parks and streets dated December 30, 2003, 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 Reconstruction of Main street - Phase I between Hertel Avenue and Bailey Avenue NYSDOT PIN 5034.93 to Concrete Applied Technologies Corp. d /b /a CATCO, the lowest responsible bidder, in the amount of $16,061,028.23 ($15,296,217.38 Base Bid + 5% unit price increase $764,810.85 = Total Award $16,061,028.23). Funds for the project are available in a Capital Project Account for Local Match Reserve. Passed. AYES - 9 - NOES - 0 No. 8 Block Grant Fund Transfer Page 6 04- 0106.txt Massachusetts Avenue Project Federal UPARR Grant I hereby - request that Your Honorable transfer of CDBG funds in the amount CDBG Account 27 -08200 to our Capital 430021406 for partial funding of the Massachusetts Avenue Project. (,See attached BURR Item 3H 2003.) Mr. Coppola Moved: That the above communication from the Public works, Parks and streets dated received and filed; and That the Common transfer of CDB CDBG Account 27 partial funding LIPARR Grant. Passed. AYES - 9 - NOES Body authorize a of $61,765.00 from Account improvements to the of December 18, Commissioner of 7anuary 2, 2004, be Council does hereby authorize the funds in the amount of $61,765.00 from -08200 to Capital Account #30021406 for of the Massachusetts Avenue Project Federal - 0 No. 9 Change in Contract Engine 33 Floor slab Replacement lob No. 0327 I hereby submit to Your Honorable Body the following changes for lob No. 0327, Engine 33, Emergency Floor slab Replacement, The Peyton Barlow Co., (C #92010830). 1. Extend beam pocket to accommodate changes in structural steel. Add $ 236.00 2 Additional electrical work required to install basement lighting. Add $ 1,949.00 3. Additional costs necessary to provide government anchors in the web of thirteen (13) beams. Add $ 575.00 The foregoing change results in a net increase in the contract of Two Thousand seven Hundred sixty and 00 /100 Dollars ($2,760.00). Summary: Current Contract Amount $116,000.00 Amount of This Change order ( #11) 2,760,00 Revised Contract Amount $118,760.00 Costs have been reviewed by the Consulting Engineer (7ansen- Kiener) and the Department of Public works, Parks & streets and were found to be fair and equitable. Funds for this work are available in 36322206 445100 - Division of Buildings. Mr. Coppola Moved: That the above communication from the Commissioner of Public works, Parks and streets dated December 23, 2003, 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. I for work relating to Engine 33 Floor slab Replacement lob No. 0327 (C# 92010830) to The Peyton Barlow Co., an increase in the amount of $2,760.00. Funds for this project are available in Capital Project Account #3 6322206 -445 100. Passed AYES - 9 - NOES - 0 Add $ Page 7 04- 0106.txt No. 10 Change in Contract Engine 33 Floor slab Replacement lob No. 0327 I hereby submit to Your Honorable Body the following changes for lob No. 0327, Engine 33, Emergency Floor slab Replacement, The Peyton Barlow Co., (C #92010830). 1. Additional costs to purchase new basement stair grating treads. Add $ 776.00 The foregoing change results in a net increase in the contract of seven Hundred seventy six and 00 /100 Dollars ($776.00). summary: Current Contract Amount $118,760.00 Amount of This Change order ( #2) Add $ 776.00 Revised Contract Amount $119,536.00 Costs have been reviewed by the Consulting Engineer (7ansen- Kiener) and the Department of Public works, Parks & streets and were found to be fair and equitable. Funds for this work are available in 36322206 445100 - Division of Buildings. Mr. Coppola Moved: That the above communication from the Commissioner of Public works, Parks and streets dated December 29, 2003, 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 for work relating to Engine 33 Floor slab Replacement lob No. 0327 (C# 92010830) to The Peyton Barlow Co., an increase in the amount of $776.00. Funds for this project are available in Capital Project Account #36322206 -445 100. Passed AYES - 9 - NOES - 0 No. 11 H. Taylor -Fruit Belt /Med. Corridor - Tax Increment Finance District The subject item was referred to this department for comments. We have reviewed the plan, particularly the parts dealing with improvements to City -owned infrastructure. We agree with the need for improvements presented in the plan and we agree with the associated $13.1 million cost estimate. Please be advised, however, that at this point, no funding has been allocated to this project. REFERRED TO THE COMMITTEE ON COMMUNTITY DEVELOPMENT NO. 12 Permission to Enter Into an Agreement New York state office of Children & Family services Lanigan Field Permission is hereby requested from Your Honorable Body to authorize the Commissioner of Public works, Parks & streets to enter into an Agreement with the New York state office of Children & Family services, a governmental agency of the state of New York, having an office at 52 Washington Avenue, Rensselaer, New York 12144. The Page 8 04- 0106.txt Agreement will allow the State to provide up to $194,600 for renovating the Lanigan Field House located at 146 Fulton Street. In return, the City would continue to provide youth activity programs for at least five (5) years. Mr. Coppola Moved: That the above communication from the Commissioner of Public works, Parks and streets dated December 31, 2003, be received and filed; and That the Commissioner of Public works, Parks and streets be, and he hereby is authorized to enter into an Agreement with the New York state office of Children & Family Services, allowing the State to provide up to 5194,600 for renovating the Lanigan Field House at 146 Fulton Street, subject to the City agreeing to provide youth activity programs for at least five (5) years. Passed AYES - 9 - NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 13 Response to "Transportation (Compt.)" Item # 13 CCP 11 /26/02 and Item 445 CCP 12110102 As a follow up to your November 25, 2003 correspondence, since the last meeting with your Honorable Body o December 10, 2002, Item #45 the following procedures have been reviewed or completed: After the above meeting an additional meeting was held in the Division of Purchase to review the vehicle inventory system. In attendance was myself, Kathy Fitzpatrick, Frank Belloni from Audit, Councilwoman Gray, and Councilman Coppola. This meeting enabled all to review and comment on the current system which was displayed on the computer. I believe the current inventory system meets our needs. The needs o audit for an asset system differ from ours. They can however access any information on our system an( create printed reports. I believe they need to address the issue of their needs with the MIS Department any possibly correlate them with our existing system. A meeting was scheduled by Inventory & Stores to review the fuel system in place and nobody showed up. our office completed a physical inventory of vehicles. The Audit Department started a review of inventor, last year and canceled due to the weather. our department is willing to work with the audit department com spring to do another physical inventory that will meet both of our needs. A quarterly report has been put in place that is sent to each Commissioner and Supt. of Fleet to review the fleet and assignment for their prospective departments /divisions. our department has replaced all old license plates with new ones per New York state. This was a major undertaking. A complete copy of the inventory was filed with the Council. Take home vehicles are at the discretion of the Commissioner, who is responsible to oversee the usage an staff assignment. Most take home cars are assigned to only those who are on emergency call 24 hours. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK No. 14 Liquor License Applications Page 9 04- 0106.txt Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 864 Kenmore Paddy's Pub and Restaurant 864 Kenmore Ave 1077 East Ferry Sharon L. Hill Sharon L. Hill RECEIVED AND FILED No. 15 Leaves of Absence without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Kathleen Yeates; Police- Jimmie Pitts, Donna Donovan RECEIVED AND FILED. NO 16. NOTICES OF APPOINTMENTS COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Coppola moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective December 22, 2003 in the Department of Common Council to the Position of Intern IV, Seasonal, Non - Competitive at the Flat Starting Salary of 6.00 /hr Sherri Bagarozzo, 141 Crestwood Avenue, Buffalo, NY 14216 NO. 17 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective: December 22, 2003 in the Department of Police to the Position of Crossing Guard, Temporary Non - Competitive at the Minimum Starting Salary of $ 7 .09 /hr Lyn Martone, 112 Cunard Rd., Buffalo, NY 14216 Mary Benton, 28 Pansy P1, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment Effective December 10, 2003 in the Department of Assessment and Taxation to the Position of Assistant to Assessor PROVISIONAL APPOINTMENT at the MINIMUM Starting Salary of $26,270 Alvina 7. Zielinski, 786 McKinley Pkwy, Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 7anuary 5, 2004 in the Department of: Police To the Position of Crossing Guard at the Minimum starting salary of $ 7.09 /hr Barbara O'Hara, 45 Juniata PI, Buffalo, NY 14210 Page 10 04- 0106.txt Venclyau Neville, 136 Lemon St., Buffalo, NY 14204 Susan Moffett, 60 Tuscarora Rd., Buffalo, NY 14220 Noreen Davis, 10 Hertel Ave. Apt. 601, Buffalo, NY 14207 Michelle Williams, 98 Hastings Ave., Buffalo, NY 14215 Billie 70 Greco, 110 Greeley St., Buffalo, NY 14207 Shemeda Williams, 322 Warwick Ave., Buffalo, NY 14215 Thyra 7. Clark, 107 Northampton St., Buffalo, NY 14209 Tonva Tripi, 60 Delham Ave., Buffalo, NY 14216 Phyllis Reed, 18 Bickford Ave., Buffalo, NY 14215 NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON- OFFICIAL COMMUNICATIONS NO. 18 E. BERRY -SAVE OUR LIBRARIES Dear Councilmember; save our Libraries thanks you for your vote to save Buffalo libraries, and wishes you a happy and prosperous new year. Another library matter has crossed our desk, concerning the Mayor's suggestions for Buffalo & Erie County Public Library trustees. A perusal of his candidates reveals: Frank Gist - Formerly a BECPL trustee who wrote news articles in favour of Buffalo library consolidation - something this council voted against in a Resolution this month, therefore save our Libraries feels this is not a good choice. Thomas Errol Gleed, and Maureen Danahy - save our Libraries is not familiar with these two, and therefore cannot recommend them. If they were library advocates, we feel they would be involved with saving our threatened libraries over the years, and, to our knowledge, they have not. save our Libraries recommends, instead, that true library advocates be added to the BECPL Board, and asks you to please recommend: john Klukowski, senior - longtime library advocate, business owner, vice Chair of the Greater South Buffalo Chamber of Commerce, VP of WNYMEA, college graduate in business management... Betty lean Grant - has advocated for libraries as Common Council member, teacher, and radio personality... lames Brem - longtime library advocate, user Fee Board member, and council staff member... More than ever, Buffalo needs strong library advocates that will fight to protect Buffalo's neighborhood assets within the Erie County system. Please support these Save our Library choices for BECK trustees rather than those named previously. Thank you. Sincerely, RECEIVED AND FILED NO. 19 BRIAN C. DAVIS- L. RENFORD- MINORITY AT THE LEADERSHIP TABLE TODAY Please file the attached correspondence for the upcoming Council session to be held on Tuesday, 7anuary 6, 2003 for further discussion. Thank you in advance for you assistance in this matter. COALITION A GAINST POLICE AB USE AND RA CISM Dear Citizen of the City of Buffalo, New York: Buffalo News journalist, Rod Watson penned an excellent article entitled " OPPORTUNITY GOES MISSING IN THE CITY in the December 181h edition of the publication. Page 11 04- 0106.txt Rod Watson begins the article by stating that: "For the first time in a generation, the entire City (of Buffalo, New York) leadership -the Mayor, the Comptroller, Common Council President and Majority Leader -will be white. In addition, the school superintendent and school Board President, will also be white I suppose that some will call that progress. I call it a missed opportunity." Ethnic minorities; blacks specifically, in total comprise approximately 46% and 37 %, respectively, of the total population of the City and will hold, as of 7anuary 2, 2004, NO POSITIONS (0%) at the leadership tables IF WE DO NOTHING TO VOICE OUR DISPLEASURE, - leadership roles in the Common Council. To include: The Honorable Richard Fontana Please insist on minority representation at the LEADERSHIP TABLE TODAY by signing below. Your response will be faxed to City Hall. Respectfully Dear Common Council. As a citizen of the City of Buffalo, I am demanding minority LEADERSHIP representation in the Common Council. I am requesting a re -vote if need be to bring about this change. Knowing that qualified, experienced African Americans currently occupy seats on the Council, I am confident that you will make and announce this charge prior to 7anuary 2004. Thank you. RECEIVED AND FILED No. 20 A. THOMPSON- 401 NORTHAMPTON STREET I am writing to respectfully request that you file with the Council a correspondence from Ilo N. Noble, Assistant Corporation Counsel concerning 401 Northampton the next meeting dated December 23, 2003 at 2pm. If you have any questions, please do not hesitate to contact me at (716) 851 -5145. on Tune 23, 1999, we informed you that the above - referenced prop conveyance to you upon application to this office, Room No. 1139 City Hall you are hereby advised to contact the undersigned at 951 -4357 or 851 -4342 relative to the above closing as soon as possible. we require the balance of the purchase price Ten Dollars ($810.00), a recording fee amount of $53.00 in cash and $7.51 payable to the Division of In Rem Properties for legal description, if we do not hear from you within ten (10) days from the date of this letter we will recind the sale. Furthermore, you will forfeit your bid deposit of Ninety Dollars ($90.00) and we will return the property to City's inventory for future sale. RECEIVED AND FILED NO. 21 USE PERMIT -HUMAN SERVICE FACILITY ARTICLE XXVII, Restricted Use Permit [Added 6 -27 -1995, effective 7 -10 -1995; amended last 6 -10 -2003, effective 6 -23 -20031 D 511 -136. use permit required for human service facilities. A. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current zoning ordinances of the City of Buffalo. The continuing placement of such facilities in Page 12 04- 0106.txt areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interests of the users of such facilities and the community in general. B. Regulated uses. Effective 7uly 1, 1995, no public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, in the City of Buffalo without first obtaining permission from the zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. C. Application to zoning Board. Applicants seeking to establish uses regulated under this section shall submit to the zoning Board a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any. The zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. D. standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. within 120 days after receiving an application, the zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions or deny the application. E. Conditions on approval. In the event of an approval, the zoning Board may attach such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community. such conditions shall be expressly set forth in the zoning Board approval. Nothing contained herein shall preclude the zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. F. Denial of application. The zoning Board shall deny an application if it is determined that the nature and Page 13 04- 0106.txt character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the zoning Board shall issue a written decision specifying the basis for the denial. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. 1. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by D 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. 7. Effective date and expiration. This article shall take effect on 7uly 1, 1995, and shall expire on 7uly 1, 2004. K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. REFERRED TO THE COMMITTEE ON LEGISLATION No. 22 PETITIONS D. PFALZGRAF, JR, AGENT, USE 500 CARWON FOR A POLE SIGN (HRG 1/13) REFERRED TO THE COMMITTEE ON LEGISLATION, STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 23 D. BROWN, AGENT, USE 787 PROSPECT FOR A BEAUTY PARLOR (HRG 1/13) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL REGULAR COMMIFTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 24 APPOINTMENT LABORER (MAX) (PW) (ITEM NO. 3 1 - C.C.P. DEC. 23, 2003) That Communication 3 1, December 23, 2003 be received and filed and the permanent appointment of William Ciezzynski stated above at the maximum salary of $25,529 effective on December 15, 2003 is hereby approved. PASSED AYES - 9 NOES - 0 Page 14 04- 0106.txt NO. 25 APPT. - SUPERVISING HEARING EXAMINER (MAX) (A &F) (CCP #40 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 26 APPOINTMENT PARKING ENFORCEMENT OFFICER (INTER) (A &F) (ITEM NO. 4 1 -C. C.P. DEC. 23, 2003) That Communication 4 1, December 23, 2003 be received and filed and the provisional appointment of Kevin A. Pangburn stated above at the intermediate salary of $27,218 effective on December 1, 2003 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 27 A. THOMPSON- RESIDENCY REQUIREMENTS (CCP #72 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 28 ABANDONMENT AND SALE - 231 SEARS AND 266 OAK STREET (ITEM NO. 2 1, C. C.P., OCT. 28, 2003) That the above communication from the Department of strategic Planning, Division of Real Estate dated October 22, 2003 be received and filed; and That the City of Buffalo does hereby abandon 231 Sears and 266 oak street in accordance with Article 27, section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Estate be, and he hereby is authorized to prepare formal requests for proposals to market the properties for sale, and to report back to the Common Council with the results of any negotiations for final approval of the sale both properties. PASSED AYES - 9 NOES - 0 NO. 29 RESULTS OF NEGOTIATIONS - 104 NORMAL AVENUE (ITEM NO. 13, C.C.P., DEC. 23, 2003) That the offer from Mr. Steven Liberti, residing at 1071 Amherst street, in the sum of two thousand and three hundred dollars ($2,300.00) for the purchase of 104 Normal Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED Page 15 04- 0106.txt AYES - 9 NOES - 0 NO. 30 RENEW LEASE - FAITH BAPTIST CHURCH - 522 HUMBOLDT (ITEM NO. 11, C.C.P., DEC. 23, 2003) That the Executive Director of strategic Planning be, and he hereby is authorized to renew the lease between the City of Buffalo and Faith Baptist Church, for use of city owned property located at 622 Humboldt, for an additional five (5) year period to commence on 7uly 1, 2003 and to expire Tune 30, 2008, for the rental fee of one dollar ($ 1.00), under the same terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 31 PERMISSION TO ENTER INTO AGREEMENTS CUSTOM LIGHTING SERVICES (ITEM NO. 28, C.C.P., DEC. 23, 2003) That the Commissioner of Public works, Parks and streets be, and he hereby is authorized to enter into agreements with Custom Lighting Services and to pay the $20,000 fee if necessary from Capital Project Account #300321006. such agreements must stipulate that the minimum savings of 10% expected by virtue of this Custom Lighting services' proposal can be proven in writing to be generated from Custom Lighting services' actions, and not operations and maintenance activities of the Department of Public works, Parks and Streets. LAID ON THE TABLE NO. 32 FIREARMS EXCHANGE AGREEMENT (ITEM NO. 32, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 33 M. JORDAN - CLOVER CONST. -REQ. APPEAL -PRES. BD. RULING -DEMO. -GAS STATION 757 MAIN ST. ( #61,11/12)( #L 11,10/28 #111,9/30)( #87,9/2) (CCP #81 -DEC. 9,03) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO. 34 M. JORDAN - CLOVER CONST. -REQ. APPEAL -PRES. BD. RULING -DEMO. -GAS STATION 757 MAIN ST. ( #62,11/12)(9112,10 /28)( #L 12,9/30)( #12,9/16) (PRES. BD.) (CCP #82 -DEC. 9, 03) Page 16 04- 0106.txt Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO. 35 REQ ORD TO RETAIN PUB ACCESS ON WATERFRONT PROPERTIES SOLD BY COB (CCP #150 -7AN. 21, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 36 B. SANTORO, PETITION TO USE 92 MSGR. VALENTE DRIVE - GROUND SIGN (ITEM NO. 77, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of B. Santoro, agent, owner, for permission to use 92 Msgr. Valente Drive for a ground sign be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 37 L. ST. PIERRE, BFLO. /NIAG. PARTNERSHIP - COMMENTS -ORD. AMEND. -CHAP. 175 FEES (CCP #48 -DEC. 9, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 38 A. THOMPSON -F. GIST -REQ. APPT. TO LIBRARY BOARD OF BUFFALO & ERIE CO. (CCP #49 -DEC. 9, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 39 A. THOMPSON -SNOW REMOVAL PLAN (CCP #46 -DEC. 9,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 40 RESTAURANT DANCING CLASS IV - 391 ELLICOTT (ITEM NO. 46, C.C.P., JULY 8, 2003) (ITEM NO. 12 1, C.C.P., DEC. 9, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO. 41 REAPPT.- MEMBER -BFLO. MUNICIPAL HOUSING AUTHORITY (MAYOR) Page 17 04- 0106.txt (CCP #I -Nov. 25,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 42 APPOINTMENT AND RE- APPOINTMENT OF MEMBERS TO THE BUFFALO SEWER AUTHORITY (ITEM NO. 1, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Passed Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED No. 43 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (ITEM NO. 2, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 44 SNOW REMOVAL PLAN (PW) (CCP #30 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 45 REQ. ADM. TO FILE PLANS FOR OLD REPUBLIC STEEL "TOMATO PLANT PARCEL" (BERC) (CCP #43 -DEC. 23, 03) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) No. 46 LDA- 460 -466 MONROE 170 - 12/23/03) (HRG. 1/6) Mr. Golombek moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. on a motion by Mr. Coppola seconded by Mr. Golombek the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mary Anne Demarco, BURR, Rocco Termini, Burk Brothers Mr. Coppola now moved that the hearing be closed. Page 18 04- 0106.txt seconded by Mrs. Russell CARRIED Mr. Coppola now moved approval of said item. seconded by Mrs. Russell Land Disposition Agreement - 460 -466 Monroe (Item No. 170, C.C.P., Dec. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That Burke Brothers Construction, Inc. and /or other legal entity be designated as qualified and eligible Redeveloper by the Buffalo urban Renewal Agency for 460 -466 Monroe street and that the Mayor be authorized to execute any and all deeds or other documents necessary to convey 460 -466 Monroe Street. PASSED AYES - 9 NOES - 0 NO. 47 LAND DISPOSITION AGREEMENT - 460 -466 MONROE (STRAT. PLAN.) (ITEM NO. 7, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 48 A. THOMPSON- COMPREHENSIVE PLAN (CCP #76 -SEPT. 30, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 49 COB HSG. PROGRAM CONTRACTS (STRAT. PLAN.) (CCP# 11 -OCT. 14, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 50 S. BANKO- HUD - COMMENTS -B LOCK GRANT /FLUD PROGRAMS (CCP #58 -OCT. 14, 03) That the above item be and filed. ADOPTED and the same hereby is received 51 A. THOMPSON - COMMITTEES REC. ON STIMULATING ECON. DEV. (CCP #73 -MAR. 4, 03) That the above item be and the same hereby is referred to the Special Committee on Minority Business Enterprise. ADOPTED NO. 52 ESTABLISHMENT OF A VACANT LOT AUCTION ( #125, 5/27) (CCP #103 -SEPT. 16, 03) Page 19 04- 0106.txt That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 53 POUND, STEWART & STEIN -EXEC. SUMMARY - JEFFERSON AVE. SM. BUS. DEV. (CCP #96 -Nov. 14, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 54 CREATE EMERG. ASST. SM. BUS. DEV. -BUS. LN. PROD. (BERG)(# 161,10/3)( #78,4/18) (CCP# I 42 -FEB. 20, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 55 A. THOMPSON -C. MOPPINS- CLOSING COST ASSISTANCE (CCP #71 -OCT. 14,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 56 A. THOMPSON -D. PICARD- VACANT LAND MANAGEMENT (CCP #63 -Nov. 25, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 57 WORKFORCE INV. BOARD & YOUTH OPPORTUNITY PROGRAM (COMM. SERV.) (CCP #50 -APR. 16, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 58 683 FILLMORE AVENUE - TRANSFER OF (ITEM NO. 33, C.C.P., NOV. 25, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 59 TRANSFER OF TITLE, URBAN HOMESTEAD - 214 LOCUST STREET (ITEM NO. 16, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED. Page 20 04- 0106.txt NO. 60 TRANSFER OF TITLE, URBAN HOMESTEAD - 334 AND 338 MONROE STREET (ITEM NO. 17, C.C.P., DEC. 23, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the city -owned properties commonly known as 334 Monroe street and 338 Monroe Street, are hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said properties to Burke Brothers Construction, Inc., 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 with the following conditions: 1. the specified structure be erected on the premises within twelve (12) months; 2. The structure be occupied by the purchaser, sally Miller for a period of not less than thirty -six (36) months. PASSED AYES - 9 NOES - 0 NO. 61 A. THOMPSON- REHABILITATION LOAN PROGRAM (CCP #71 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 62 -DRAFT MINUTES- 13FLO. WELCOMES THE WORLD COMM (12/10/03) MTG (CCP #74 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 63 EST A SWIMMING BEACH IN BFLO AT A (# 197,9/18)(# 151,6/25 WTR WAYS) (CCP #144 -DEC. 23, 03) That the above item be and and filed. ADOPTED CENTRAL LOC the same hereby is received NO. 64 C. FISHER -A. GRAHAM - CONCERNS - DETERIORATION FMR GOVT BREAKWATER ( #72,10/29 WTR WAYS) (CCP #150 -DEE. 23, 03) That the above item be and the same and filed. ADOPTED NO. 65 BREAK WALL AT THE 11/26 WTR WAYS) (CCP# 15 1 -DEC. That the and filed. ADOPTED hereby is received ERIC BASIN MARINA (PW) (# 18, 23, 03) above item be and the same hereby is received Page 21 04- 0106.txt RESOLUTIONS NO. 66 BY: MR. BONIFACIO DISCHARGE THE BI- NATIONAL BRIDGE COMMITTEE - whereas: Com. 21, CCP Apr 28, 1998 - "International Waterfront Gateway strategy for Bflo. /Ft.Erie;" Com 50, CCP May 12, 1998 - "Waterfront Regeneration Trust (CD);" No. 160 CCP Feb 23, 1998 - "Req. signature Plaza for Peace Bridge;" No 82, CCP Nov 30, 1999 - "Peace Bridge Authority- Proposed Agreement;" Res 193, CCP 7uly 22, 2003 - "Peace Bridge Assn. Eminent Domain Resolution;" No 61, CCP Dec 26, 2001 - "V. Lamb -Peace Bridge Expansion Proi. smart Border for the 21st Century;" No 102 CCP Tan 23, 2001 - "V. Lamb -Ad -Proc. Spec. Consult. -Peace Brdg. Exp. Proi. Bi -Natl Env. Proc.;" No 51, CCP Nov 28, 2000 - "Bflo. /Ft. Erie Pub. Brdge. Auth.- Bi -Natl. Integ. Env. Proc. /Pub. Inv. Plan;" No 14 CCP Oct 16, 2001 - "Bflo /Ft. Erie Pub. Bridge Auth.- BI -Natl. Integ. Env. Proc.(CP);" No 15 CCP Oct 16, 2001 - "Bflo /Ft. Erie Pub. Bridge Auth. Bi -Natl. Int. Env. Proc. -Em. Dom. Coll.(CP);" No 86, CCP Oct 30, 2001 - "S. Mayer -Peace Bridge Exp. Proj. -Sub State Env. Qual. Rev. Act.- Env.Assess Form;" No 87, CCP Oct 30, 2001 - "S. Mayer -Peace Bridge Exp. Proj. - Scoping Letter to Pot. US Coop. Agencies;" No 57, CCP Nov 27, 2001 - "V. Lamb- Notice of Scoping Comment Period Extension - 12/4/01;" No 92, CCP Mar 19, 2002 - "Peace Bridge Exp. Proj. -Mtg. Notes -US Agency Scoping Mtg.; 95 Com 22. CCP Dec 23, 2003 - "B. Campbell- Ratification of Scoping Documents /Alternative Screening Rpt;" No 53, CCP Dec 23, 2003 - "D. Bonifacio -US DoT Info shared Border Mngt;" No 54, CCP Dec 23, 2003 - "D. Bonifacio -A. Masiello -Req study of shared Border Mngt Alternative;" No 55 CCP Dec 23, 2003 - "B. Cambell -Peace Bridge Exp. Proj. Final Scoping Document Shared Border Mngt;" No 52, CCP Dec 23, 2003 - "D. Bonifacio- DEC - Comments Reg Peace Bridge Draft Scoping Alt. Screening Report;" No 66, CCP May 28, 2002 - "P. Koessler -Peace Bridge Expansion Prej. Bi -Natl. Integrated Env. Process SEQR Lead Agency;" Com 23, CCP Feb 19, 2002 - "A. Masiello -Peace Bridge Border Crossing Expansion Project (CP);" Com 54, CCP Tune 25, 2002 - "Det. Of Lead Age. -Prop. Border Cros. Exp. Proj. - Bflo /Ft. Erie Pub. Bridge Auth. (Law);" No 71, CCP June 25, 2002 - "J. Ferreira, NYSDEC -Dec. Rul DEC #8 -02- Bflo /Ft. Erie Pub. Bridge Auth;" No 75, CCP Tune 25 2002 - "S. Mayer - Bflo. -Ft. Erie Bridge Auth. -Cap. Exp. Proj.- BiNatI.Integ. Env. Proc. -SEQRA Lead Ag. Des.;" No 106 CCP Sept 3, 2002 - "V. Lamb -Peace Bridge Exp. Proj.- Modified Draft Scoping Document- 8/13/02; " No 30, CCP 7uly 22, 2003 - "Peace Bridge Scoping Doc. /Alt. Screening Report (CP);" No 87, CCP 7uly 22, 2003 - "COB Discussion Pts. -Mtg. W /PBA -Peace Bridge Scoping;" No 75, CCP Sept 2, 2003 - "B. Campbell -Peace Bridge Exp. Prej.- Coping Doc. /Alt. Screening Project- 7/14/03;" Com 47, CCP Sept 30, 2003 - "R. Stanton- Comments Re: Peace Bridge Exp. -Draft Scoping Doc.- 9/18/03 (BURR);" No 51, CCP Oct 14, 2003 - "R. Stanton & T. Butler, URS Corp.- Comments - Bflo /Ft. Erie Inter. Border Crossing Exp. Project;" No 69, CCP Oct 28, 2003 - "V. Lamb -Peace Bridge Exp. Proi.- Bi -Natl. Integ. Env. Proc. Scoping Doc. /Altn. Scng. Rpt.- 10/03;" Res 155, CCP Oct 28, 2003 - "Ratification of Bflo /Ft. Erie Pub. Bridge Authority's Prop. Page 22 04- 0106.txt Final Scoping Document /Alternative Screening Report (Hrg. 12/4);" No. 107, CCP Sept 3, 2002 - "V. Lamb -New Path News -Fall 2002;" No 59, CCP Sept 17, 2002 - "V. Lamb -Peace Bridge Exp. Proj.- Bi- Natl.- Integrated Env. Proc.Loc. Gov. Input -Pub. workshops;" No 70, CCP Oct 15, 2002 - "Peace Bridge Exp. Prej. -Res. Of Peace Bridge Proj. Wkshp #2 Rel.;" No 59, CCP Dec 10, 2002 - "V. Lamb -Tech. Analysis Rpt. -Peace Bridge Exp. Project;" No 88 CCP Sept 2 2003 - "V. Lamb -Peace Bridge Exp. Proj.- Discussion -Air Quality /Pub. Health;" No 89, CCP Sept 2, 2003 - "V. Lamb -Peace Briid. Exp. Prej. -Draft outline of Real Estate Acq. Guidelines;" No 90, CCP Sept 2, 2003 - "V. Lamb -Peace Bridge Exp. Proj. -Work in Progress -LOC. Alt.- 8/5/03;" No 91 CCP Sept 2, 2003 - "V. Lamb -Peace Bridge Exp. Proj. -Proc /Time Sch. For Acq. Of Prop. Using Powers of Eminent Domain;" No 92, CCP Sept 2, 2003 - "V. Lamb -Peace Bridge Exp. Proj.- Article - "Brooklyn Queens Exp. Landscape- Enhance Proj.;" Com 36, CCP Nov 12 2003 - "V. Lamb -Draft Resolution of the Peace Bridge Authority;" Com 18, CCP Tan 21, 2003 - "Fin. Res.- Project Alt. By Participants -Peace Bridge Exp Proi(CP);" No 89, CCP 7uly 22, 2003 - "D. DiSalvo, etc. -Peace Bridge IRR -9 Alt. International Peace Bridge;" No 73, CCP Sept 2, 2003 - "7. Belt -Peace Bridge Expansion Project;" No 73, CCP Sept 16 - "M. Mitskovski -P. Leuchner -Cmts. -Peace Bridge Exp. Proj. /Em. Dom.;" No. 65, CCP Dec 23, 2003 - "M. Mitskovski -Bflo Common Council Hrg on Final Scoping /Alter Screening Rpt;" No 103 CCP Mar 4, 2003 - "Reported Asthma Prob. At Perry Projects (EXC. Fin. Res.)( #151,9/17);" No 34, CCP Nov 12 2003 - "7. Kane -BEN Editorial - "Another Bn *dge ";" No 61, CCP Dec 23, 2003 - "7. Kane - Prepared Remarks of Ambassador Niagara Group;" No 47, CCP Dec 9, 2003 - "R. LoTempio- Documents /Statements -Peace Bridge Hearing - 12/4/03;" Com 1, CCP Dec 23, 2003 - "A. Coppola - Vanious Assessed Values(CP);" No 62, CCP Dec 23, 2003 - "V. Lamb- Effects on the Bflo Area Economy of Freight Passenger Vehicle Crossings Peace Bn *dge;" No 63, CCP Dec 23, 2003 - "V. Lamb- International Railroad;" and No 64, CCP Dec 23, 2003 - "V. Lamb- International Railroad Crossing Location" are presently before the Bi- National Bridge Committee; and whereas: It is no longer necessary for these items to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Bi- National Bridge Committee from further consideration of the above items and said items are now before the Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 67 BY: MR. FONTANA DISCHARGE LEGISLATION COMMITTEE ITEM #171 C.C.P. DECEMBER 23, 2003, "TRAIL BLAZER REQUEST" whereas The above item is currently in the Legislation Committee; and whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item # Page 23 04- 0106.txt 171 C.C.P. December 23, 2003, "Trail Blazer Request" and said item is now before the Common Council for its consideration. seconded by: Mr. Bonifacio PASSED AYES - 9 NOES - 0 No. 68 RESOLUTION BY: Mr. Griffin, Mr. David and Mr. Fontana Leasing of space in City Hall and other City -owned Buildings whereas: The City of Buffalo has experienced difficult financial times recently and with traditional revenue sources, such as taxes, declining in the City of Buffalo, it is imperative that all potential forms of possible revenue be explored; and whereas: The past year has seen many City Hall employees laid off, many departments cut and /or merged, and 4 Common Council offices have closed; and whereas: These closings, layoffs, and restructuring have left several floors of vacant and underused space at City Hall; and whereas: with 25 floors of office space, City Hall has some of the best views of the waterfront and the downtown skyline; and whereas: with recent announcements that the Federal Government and others will be looking for office space, the City of Buffalo could rent out some of the top floors of vacant space; and whereas: There are also several other city -owned building throughout the City of Buffalo where office or storage space could be rented by private businesses; Now, Therefore be it Resolved: That the Common Council requests the Corporation Counsel to work with the Division of Real Estate to look into the possibility of leasing space within City Hall and to issue a new Request for Proposals (R_FP) to identify various opportunities for renting or leasing space within City Hall; and Be it Further Resolved: That the Corporation Counsel and the Division of Real Estate complete the RFP process with the goal of having a plan in place to take advantage of the empty and under - utilized space within City Hall and in other city -owned buildings; and Be it Finally Resolved: That the Mayors office, Department of Administration and Finance, Comptrollers office, the Budget office, the Corporation Counsel, and Division of Real Estate review this resolution and send their comments and recommendations as to the feasibility of this proposal. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE DIRECTOR OF STRATEGIC PLANNING No. 69 BY- ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2004, conditional, upon the person so appointed Page 24 certifying under oath with the City Clerk: Charlene Cox Total- 2 ADOPTED 04- 0106.txt to their qualifications and filing same lames Erhardt NO. 70 BY- ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are Commissioner of Deeds for The 31, 2004, conditional upon the certifying under oath to their with the Sue Agos -Quinn Mary B Sandra Becker 7effre Robert Croce Cynthi Skekuira Feaster Ginger Lea Kelly 7oseph Murphy Michel Linda Rautenstrauch Cornelius Sullivan Donna Witmer Carmen Tina Bakowski Willi Gail Brady JoAnn Theresa Dellapenta Theresa Graminski Elizabeth Kiliszewski Melvyna Murray Kathle Bonnie Russell Arelen Patricia Tringali Rosalind Miller TOTAL 35 ADOPTED UNFINISHED BUSINESS No. 71 Local Law # 13 Chairman (9174,12/9/03) (# 184,12/23) Mr. Coppola now taken from the seconded by Mr CARRIED. Mr. Coppola now seconded by Mr. PASSED. AYES - 7 - NOES AYES - BONIFACI GOOMBEK, GRIFFI NOES - DAVIS AN No. 72 Local Law #I 4(2003) - Deletion (# 152, 12/23) Mr. Coppola now moved that the taken from the table. seconded by Mr. Bonifacio hereby appointed as term ending December persons so appointed qualifications and filing same aldwin y Brzyski a Demski lames Griffin Louise MCFeely le Muscarella Linda Schilinger Denise white Vega am Barto Cole Michael Eberle Sandra Herdle Marcia Moretti en Osborn Sieracki Diane Wicher of Recall Procedure above item be Page 25 (2003) - salary of Education Comm. moved that the above item be table. Golombek moved approval of said item. Golombek - 2 0, COPPOLA, FONTANA, FRANCZY N AND RUSSELL - 7 D THOMPSON - 2 04- 0106.txt CARRIED. Mr. Coppola now moved approval of said item. seconded by Mr. Bonifacio PASSED. AYES - 8 - NOES - 1 AYES - BONIFACIO, COPPOLA, DACIS, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON - 8 NOES - GRIFFIN - 1 No. 73 Local Law # 15 (2003) -Amend Powers of Comm. of Permits /Inspection Services ( #158, 12/23) Mr. Coppola now moved that the above item be taken from the table. seconded by Mr. Golombek CARRIED. Mr. Coppola now moved approval of said item. seconded by Mr. Golombek PASSED. AYES - 9 - NOES - 0 No. 74 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tues, 7anuary 13, 2004 at 9:30 A.M. Committee on Finance Tues, 7anuary 13, 2004 at 10:00 A.M. following Civil service Committee on Legislation Tues, 7anuary 13, 2004 at 2:00 P.M. Committee on Comm. Dev. Wed. 7anuary 14,2004 at 10:00 A.M. Special Committees MBEC Mon, January 12, 2004 at 10:00 A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set Lip whereby the City Clerk's office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 75 Adjournment on a motion by Mr. Coppola, seconded by Mr. Russell, the Council adjourned at 2:53 PM ADOPTED ORGANIZATIONAL MEETING COMMON COUNCIL JANUARY 2,2004 No. 1 Appointment- Council President Mr. Coppola placed in nomination the name of David A. Page 26 04- 0106.txt Franczyk, for appointment as the President of the Common Council of Buffalo, effective 7anuary 1,2004. seconded by Mr. Golombek A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: NOES - DAVIS, THOMPSON -2 AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN & RUSSELL - 7 ADOPTED No. 2 Mr. Franczyk moved that the attached rules be and hereby are Adopted as the Rules of order of the Common Council for the years 2004 -2005. seconded by Mr. Coppola ADOPTED RULES OF ORDER of the COMMON COUNCIL OF THE CITY OF BUFFALO FOR THE YEARS 2004- 2005 Pursuant to section 3 -11 of the Charter, the Common Council of the City of Buffalo hereby adopt, the following as its Rules of procedure: Rule 1. Stated Meeting. stated meetings shall be held in the Council Chambers each alternate Tuesday after the biennial organization meeting provided for in section 3 -8 of the Charter at 2:00 o'clock P.M., unless such Tuesday be a legal holiday, and in such event the meeting shall take place on the following ( at the same hour, and further, if such Tuesday shall be Christmas Eve, the meeting shall take place on the preceding Monday at the same hour. However, there shall be no stated meetings held during the month of August. The first stated meeting of the Common Council for the year 2004 shall be o Tuesday, 7anuary 2nd. Rule 2. Special Meeting Notice. In addition to the mode of calling special meetings specified in Sec. 3 -9 of the Charter, special meetings of the Council may be called. In the absence or incapacity of the President and the President Pro Tem, by the City Clerk, on the written request of the Mayor or three Councilmember The call for a special meeting shall state the time and purpose of the meeting and shall be filed with the City Clerk. It shall be the duty of the City Clerk to cause a notice of the time and purpose of said special meeting to be served on each member of the Council other than the President or President Pro Tem who called the meeting. service of said notice upon a member of the Council shall be made by delivering a copy thereof to him personally or by leaving it at his residence at least twenty -four hours before said meeting, and proof of such service shall be filed with the City Clerk, provided, however, that a statement in writing, signed and acknowledged by a member of the Council and filed with the City Clerk, to the effect that he received twenty -four hours notice of the time and purpose of said special meeting, by telephone or otherwise, shall be deemed personal service such notice upon him and no further proof of such service shall be required, however, said waiver must be executed by two - thirds of those members present who wish to waive in order to constitute quorum. No business shall be transacted at a special meeting Page 27 04- 0106.txt except that specified in the call for the meeting. Rule 3. Regular Committees. The procedures set forth in these Rules of order shall apply with equal force and effect to regular and special committee meetings. There shall be six regular committees, to wit: Committee on Claims, Committee on Finance, Committee on Legislation, Committee on Community Development, Committee on service, and Committee on Rules. The Committee on Rules shall consist of four members, of which the President of the Council shall be one. The Committee on Civil service and the Committee on Claims shall consist of four members each. The Committee on Finance, the Committee on Legislation and the Committee on Community Development shall also consist of four members each. The Council President, pursuant to section 3 -13 of the Charter, shall appoint all regular special committees, and shall designate the chairman of each. The President of the Council shall be ex- officio added as a member to all committees with vote thereon. when a member of a regular committee is prevented by illness or other good cause from attendance at a committee meeting and in the absence of the Council President, the committee chairman may designate another councilmember to substitute on an as needed basis. Any vacancies occurring during the year on any regular or special committee shall be filled the President of the council without delay. In case a reference is ordered of any matter before the Council, the presiding officer shall direct such reference as follows: The Committee on Claims, all unliquidated claims against the city and release of liabilities; to the Committee on Finance, all Matters concerning the budget and the issuance of bonds; to the Committee on Legislation, all matters relating to local laws, ordinances a general legislation, except matters referable to the Committee on Civil service; to the Committee o Community Development, all matters relating to work or improvement to be met In whole or in part revenue from another government unit, including all matters relating to the Buffalo urban Renewal programs within the City of Buffalo; to the Committee on Civil service, all matters relating to the creation and abolishment of officers and employees; to the Committee on Rules, all matters relating to procedure in the Council and to the office of the City Clerk. Any matter referable under this rule to a regular committee may be referred to a special committee. Also, sub - committees of regular committees may be formed to provide additional consideration of certain related items, when necessary. The chairman of the regular committee may appoint a member to chair or organize the sub - committee. Rule 4. Organization Meeting. At the time fixed by section 3 -8 of the Charter, a member of the Council shall convene the organizational meeting of the Council in 2004. The member of the Council chosen to convene the meeting will be determined by the alphabetical order of the names of the Council districts. The Delaware District Councilmember will convene the meeting in 2004. At the start of the meeting, h will call the roll and immediately open the floor for nominations for the office of Council President. After receiving all nominations, he will entertain Page 28 04- 0106.txt statements in support of the nominee(s). After all comments have been heard, the convening councilmember will conduct the election by voice vote The Councilmember receiving the majority of votes shall become Council President and immediately take the seat. After that the following shall be the order of business. (1) Adoption of Rules of order. (2) Election of Majority Leader. (3) Election of President Pro Tempore. (4) Appointment of City Clerk. (5) Appointment of Deputy City Clerk. (6) Appointment of Deputy City Clerk - vital Statistics (7) Appointment - Council Representative to BURA (8) Appointment - Council Representative to BERC (9) Appointment - Council Designee to 7sCB (10) Appointments - office of Council President (11) Appointment Council Staff Employees. (12) Appointment Senior Legislative Assistants to councilmembers. (13) Appointment - Legislative Assistants to Councilmembers. (14) Appointment - Legislative Aides to Councilmembers. (15) Appointment - Asst. Legislative Aides to Councilmembers. (16) Announcement of Regular Committees. (17) Announcement of special Committees. (18) Appointment of Marriage officers. After this Item the order of business shall be prescribed in Rule 5. Rule 5. Regular Meeting. At the time fixed by Rule 1, the Council shall convene, the President shall take the chair, an the following shall be the order of business. (1) Roll call. (2) Approval of journal of last meeting. (3) Communications from Mayor (4) other official communications in the following order: (a) Mayor- Executive Department. (b) Comptroller. (c) President of the Council. (d) Commissioner of Assessment and Taxation. (e) Commissioner of Public works, Parks and streets. (f) Commissioner of Police. (g) Commissioner of Fire. (h) Corporation Counsel. (i) Commissioner of Management Information systems. (j) Commissioner of Human Resources (k) Commissioner of Administration & Finance. (1) Commissioner of Permit and Inspection services. (m) Commissioner of Community services. (n) Commission on Citizens Rights and Community Relations. (o) zoning Board of Appeals. (p) City Court. (q) Board of Education. (r) Buffalo sewer Authority. (s) Buffalo Municipal Housing Authority. (t) Buffalo urban Renewal Agency. (u) City Clerk. (6) Non - official Communications. (7) Reports of Regular Committees. (8) Reports of special Committees and sub- Committees. (9) Motions, Resolutions and Notices. Page 29 04- 0106.txt (10) committee of the whole. (11) unfinished Business. (12) Announcement of committee meetings. (13) Adjournment. Rule 6. special Meetings. At the time fixed in the notice of a special Meeting, the council shall convene, the President, shall take the chair, and the following shall be the order of business: (1) Roll call. (2) Reading of notice of meeting and proof of service. (3) Transaction of business specified in notice. (4) Adjournment. Rule 7. Temporary chairman. In the absence of the President and the President Pro Tern at any regular or special meeting the council shall elect one of its members acting president pro tempore to conduct such meeting. Rule 8. Lack Of Quorum. If a quorum of the members shall not attend any regular or special meeting, the members present at the meeting shall have the power to direct by a written order that the absent members brought before the council either forthwith or at the time to which an adjournment may be had, and such order shall be executed by the sergeant -at -arms or in his absence, by the city clerk or his designee. Rule 9. Roll call. In calling the roll at be opening of the session and upon every vote the names of the member shall be called in alphabetical order, and a roll call of absent members shall be had at the request o any members. Rule 10. voting - Tie. A member being present must vote for or against every proposition presented, unless excused from voting by a majority vote of the council. A request to be excused from voting must be made before the start of the roll call. Any member refusing to vote shall be recorded as voting in the affirmative. In case of a tie in votes on any question, the, question shall be deemed to be lost. Rule 11. Presiding Officer Rulings - Appeals. The presiding officer shall preserve decorum, enforce the rules of procedure herein prescribed, and determine without debate, subject to the final decision of the council on appeal, questions of procedure and order. Any member may appeal to the council from such ruling of t! presiding officer, and if the appellant is duly seconded, the appellant may speak once solely on question involved and the presiding officer may explain his ruling, but no other member shall participate in the discussion. The presiding officer shall then put the question - "shall the decision of the chair be sustained ?" If a majority of the members present vote nay, the ruling of the chair over - ruled, otherwise it is sustained. Rule 12. Presiding officer Participation in Debate, The presiding officer shall not participate in the debate of any mater under consideration I the council except as follows: If he desires to participate in the debate, he shall leave the chair a take the place on the floor of be President Pro Tempore or of the temporary chairman, and he shell not resume the chair until the matter under consideration has been acted on by the council. Nothing herein shall be construed to prevent the presiding officer while in the chair from explaining his ruling on any question or explaining his vote on the roll call. Page 30 04- 0106.txt Rule 13. Motions to be seconded. No motion or resolution shall be put, recorded, or debated until the same shall be duly seconded. Rule 14. order of Debate. when a member is about to speak, he shall rise from his seat and address the chair, and when two or more members rise at once, the presiding officer shall determine the member first to speak. The speaker shall confine himself to the question under debate and avoid personalities. N member shall speak upon the subject under discussion more than twice - the first time for no more than five minutes and the second time for no more than two minutes. If any member in speaking of otherwise transgresses the rules the presiding officer shall, o any member may, call him to order, in which case he shall immediately sit down and shall not rise unless to explain or proceed in order. The question shall be decided by the presiding officer without debate. Rule 15. Motions During Debate. when any question is under debate no motion shall be received except the following and in the order named - (a) to adjourn, (b) a call of the council, (c) to lay on the table, (d) the previous question, (e) to postpone to a certain date, (f) to refer, (g) to amend, (h) to postpone indefinitely. A point of order, a point of inquiry, or a point of clarification shall be immediately considered and rule( on at any point during debate. Rule 16. Motion to Adjourn No Debate. A motion to adjourn, a motion to lay on the table, or a motion for a call of the council shall always be in order, except when a vote is being taken on any question before the council, and such motions shall be decided without debate. Rule 17. Amendments. No motion or proposition on a subject different from that under consideration shall be ad mitt undercover of an amendment. Rule 18. Division of Questions. on the call of any member, a division of any question shall be made when the question will admit of a division so distinct that one part being taken away the other will stand as an entire question for decision. Rule 19. Previous Question. The previous question shall be put as follows: "shall the main question now be put ?" and, unit shall be decided, shall preclude all amendments and debate, if the council shall decide that the main question shall not now be put, the main question shall be considered as still remaining under debate. The main question shall be on the passage of the motion, resolution, or other matter under consideration: but when amendments are pending, the questions shall first be taken upon such amendments in the inverse order in which they are proposed. Rule 20. No Motion After Roll call Begun. After the roll call on any question has been begun, no member shall speak on the question r shall any motion be made until after the result is declared. Rule 21. Debate Prohibited - Explain vote. while the presiding officer is putting any question, or while the roll is being called, no debate or discussion shall be in order. Any member desiring to explain his vote must do so before the start the roll call, provided, before roll call begins, all members shall have a right to avail themselves of the provisions of Rule 14. Page 31 04- 0106.txt Rule 22. Reconsideration. when a question has been once put and decided, any member who voted with the majority may move for a reconsideration thereof at the meeting at which the question was decided -I the Council may, however, pursuant to section 3 -19 of the Charter, recall any resolution or ordinance prior to the return thereof by the Mayor and may reconsider its action thereon. A motion for reconsideration, if lost, shall not be repeated nor shall any question be reconsidered more than once. Rule 23. Requirements of Communication from Civic Organizations. No communication from a civic organization, shall be received, recorded, or acted upon unless signed by an officer thereof, and which shall state the total membership of the organization, the number required to constitute a quorum, the number present at the meeting at which the action was taken, and the total number of votes for and against such action. Rule 24. Reading of Communications. All official communications received by the Council during the session shall be read in full and the clerk shall briefly state the substance of all communications so received and shall read the same in full if so desired by the Council. Rule 25. Committee Of the whole. when the Council shall decide to go in Committee of the whole, the presiding officer shall name a chairman to preside therein; the rules and orders of the Council shall be observed so far as practicable in the Committee of the whole, except that the ayes and nays shall not be taken and a motion to rise and report progress shall always be in order and shall be decided without debate. Rule 26. Sergeant -at -Arms. The sergeant -at -arms, or in his absence, the City Clerk or his designee shall attend all meetings of the Council and remain in attendance until the close of the session unless otherwise ordered. He shall obey all orders of the Council enforcing order and decorum. He shall execute all written orders of the Council in bringing in absent members. Rule 27. Disorderly Behavior. Any member may call the attention of the Council to disorderly behavior on the part of any other member; a member thus charged shall be entitled to be heard in defense. If the Council after such hearing decides to take notice of his conduct, the member shall withdraw and the Council, during his absence, decide his guilt or innocence of the charge, and if found guilty, shall fix the penalty pursuant to section 3 -11 of the Charter. Rule 28. City Clerk. Immediately after a session of the Council, the City Clerk shall present to the several departments and agencies of the City and to the committees such matters as may have been referred to them. The Clerk shall record the names of all members absent from any meetings of the Council. Rule 29. Cushing's Manual. The Rules of parliamentary practice comprised in "Cushings Manual" and "Cushing's Law 'Practice of Legislative Assemblies" shall govern the Council in all cases not herein provided for, which they are applicable. Rule 30. Amendment, Repeal or Suspension of Rules Any rule may be amended or repealed by majority vote of all the members elected to the Council at any regular meetings Page 32 04- 0106.txt thereof, provided that the notice of the proposed amendment or proposition to repeal shall have been given at the regular meeting of the Council immediately preceding, and any rule may be suspended for a single session by a unanimous vote of the members present, provided, however, that the Rule that no business shall be transacted at a special meeting except that specified in the notice of meeting, shall not be suspended. Rule 31. Numbering and Entitling journal Items. Each and every item of business appearing in the journal shall bear a separate and distinct identification number in consecutive order, except that all claims presented to the Council shall appear under a single item number. Each item shall be preceded by a brief title, stating the subject matter of the item, except those items comprising nonofficial communications, claims and petition any of which are not printed in full. Rule 32. Filing Deadline. All petitions, resolutions, or communications of whatever kind or nature, to be submitted to Common Council, shall be presented to the City Clerk on or before two o'clock of the afternoon of the Thursday preceding the meeting at which such petitions, resolutions or communications are to be considered by the Common Council. However, If said Thursday is a holiday, the deadline shall be two o'clock of the afternoon of the preceding Wednesday. Any petition, resolution or communication which was not presented to the City Clerk in compliance with the deadline stated above, shall not be considered at said meeting except by unanimous consent of all members present at said meeting. Rule 33. Matters to be Referred to Committee. Any matter coming before the Council which seeks to commit the Council to a certain policy shall be referred to an appropriate committee unless otherwise determined by unanimous consent the Council. Rule 34. Discharge of Committee from Consideration of a Matter. Any member of the Common Council desiring to move any item tabled in committee and i discharge the committee from further consideration thereof, and to submit the item for the consideration of the Common Council, shall file notice of his intention so to do with the City Clerk in compliance with Rule 32. A motion to discharge must be approved by a two - thirds vote of the Council. No. 3 Designation of Majority Leader Ms. Russell placed in nomination the name of Marc A. Coppola, for Majority Leader of the Common Council, effective 7anuary 1, 2004. seconded by Mr. Golombek A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, GRIFFIN & RUSSELL - 6 NOES - DAVIS, FONTANA & THOMPSON - 3 ADOPTED No. 4 Election of President Pro Tempore of the Common Council Mr. Coppola placed in nomination the name of Bonnie E. Russell, as President Pro Tempore of the Common Council, Page 33 04- 0106.txt effective 7anuary 1, 2004. seconded by Mr. Davis A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 5 Appointment of City Clerk Mr. Bonifacio placed in nomination the name of Charles L. Michaux III, for appointment as the City Clerk of Buffalo, effective 7anuary 1, 2004. seconded by Mr. Coppola A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 6 Appointment of Deputy City Clerk Mr.Golombek placed in nomination the name of Gerald Chwalinski, for appointment as the Deputy City Clerk of Buffalo, effective 7anuary 1, 2004. seconded by Mr. Coppola A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 7 Appointment of Deputy City Clerk Vital Statistics Mr. Franczyk placed in nomination the name of Diana L. Rico, for appointment as the Deputy City Clerk of Vital statistics of Buffalo, effective 7anuary 1, 2004. seconded by Mr. Bonifacio A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 8 Appointment Council Representatives to BURA Mr. Franczyk placed in nomination the names of Bonnie E. Russell as Council Representatives to the Buffalo urban Renewal Agency. seconded by Mr. Coppola A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED Page 34 04- 0106.txt No. 9 Appointment Council Representative to BERC Bonnie Russell placed in nomination the name of Antoine Thompson as Council Representatives to the Buffalo Economic Renaissance Corporation seconded by Mr. Franczyk A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 10 Appointment Designee to joint Schools Construction Board Ronnie Russell placed in nomination the name of Antoine Thompson , as Council Designee to The Joint schools Construction Board seconded by Mr. Golombek A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYE - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL & THOMPSON - 9 NOES - 0 ADOPTED No. 11 Appointments- office of the Council President Mr. Franczyk moved the approval of the appointments in the office of the Council President pursuant to section 3 -7 of the Charter of the City of Buffalo, to be effective 7anuary 1, 2004. Michael Kuzma Robert I Sienkiewicz seconded by Mr. Bonifacio ADOPTED. No. 12 Appointment of Council Staff Employees Mr. Coppola moved approval of the following appointments to the Council Staff pursuant to Section 3 -7 of the Charter of the City of Buffalo to be effective 7anuary 1,2004. chief of staff -Paul wolf 1/20/2004 Council and Committee Reporter - Susan watts Legislative staff Manager -Mary H. Baldwin Sr. Leg. Asst. IV -lames Pajak 1/20/2004 Sr. Leg. Asst. H To Council - Marylou Hooper Sr. Leg. Assts. To Council - Mark 7askula, Jacqueline Rushton, Lisa Collin & Millie Castro seconded by Toe Golombek ADOPTED. AYES - BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK & RUSSELL - 5 NOES - DAVIS, FONTANA, GRIFFIN & THOMPSON - 4 No. 13 Appointments as Senior Legislative Assistants to Page 35 04- 0106.txt Councilmembers Mr. Franczyk moved approval of the appointment of senior Legislative Assistant to Councilmember pursuant to Section 3 -7 of the Charter of the City of Buffalo to be effective 7anuary 1, 2004. Davis - Willie Morris Thompson - Shamar N. Ashley seconded by Mr. Coppola ADOPTED. No. 14 Appointments as Legislative Assistants to Councilmembers Mr. Franczyk moved approval of the appointment of Legislative Assistant to Councilmember pursuant to section 3 -7 of the Charter of the City of Buffalo to be effective 7anuary 1, 2004. Coppola - Michael A. Agostino & 7oanne D. Lopez Fontana - Gregory A. Heeb & Rosetta Kennedy Golombek - Gail A. Aikin & Kenneth 7. Kerr Griffin - Christine L. Maloney & Dennis M. Marek Russell - Joanne Cole & Diane Wray Thompson - Rashied MCDuffie seconded by Mr. Coppola ADOPTED. No. 15 Appointments as Legislative Aides to Conncilmembers Mr. Franczyk moved approval of the appointment of Legislative Aide to Councilmember pursuant to section 3 -7 of the Charter of the City of Buffalo to be effective 7anuary 1, 2004. Boilifacio - Peter J. Savage seconded by Mr. Coppola ADOPTED. No. 16 Appointments as Assistant Legislative Aides to Councilmembers; Mr. Franczyk moved approval of the appointment of Assistant Legislative Aide to Councilmember pursuant to section 3 -7 of the Charter of the City of Buffalo to be effective 7anuary 1, 2004. Bonifacio - Roslyn M. DominiCO, Erika M. Rodriguez seconded by Mr. Coppola ADOPTED. NO. 17 We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to section 20 -12 of the Charter, that it is necessary that the sum of $137,935.00 be transferred and reappropriated as set forth below: FROM 10101001 - 411001 $1,066 10101001 - 412002 $2,000 10101001 - 415001 $1,600 10101004 - 458001 $2,311 10101004 - 458002 $990 10101004 - 458003 $1,000 10101005 - 461001 $300 10101005 - 461002 $330 10101005 - 467000 $150 10101005 - 434000 $3,000 Page 36 10101005 - 443301 $200 10101005 - 455000 10101006 - 480000 $731 04- 0106.txt $1,000 10113001 - 411001 10102006 - 432004 10220006 - 432004 10220006 - 455000 10220006 - 480000 TO 10102001 - 411001 $83,138 10220001 - 411001 17301002 - 421002 17303002 - 423001 17302002 - 422000 17301002 - 421004 $353 17304002 - 425000 $21,320 FROM 10101001 - 411001 2 Legislative Assistant From 10102001 - 411001 From: 10102001 - 411001 1 chief of staff 1 Legislative staff Manager 1 Council and Committee Reporter To: 10102001 - 411001 1 chief of staff 1 Legislative staff Manager 1 Senior Legislative Assistant IV 2 Legislative Assistant To: 10220001 - 411001 1 Council and Committee Reporter LAID ON THE TABLE AYES - 5 - NOES - 4 AYES - BONIFACIO, COPPOLA, FRANCZYK, $9,300 $62,478 $35,740 $10,000 $5,739 $20,574 $3,033 $6,599 $2,918 $34,631 $53,740 $47,998 $41,465 $69,500 $43,376 $65,000 $34,631 $41,465 GOLOMBEK & RUSSELL - 5 NOES - DAVIS, FONTANA, GRIFFIN & THOMPSON - 4 No. 18 Announcement of Regular Committee Appointments I hereby appoint the following councilmembers to serve on committees as shown: claims; chair; Griffin Fontana, Golombek, Thompson, civil service; chair; Russell, Davis, Golombek, Fontana, community Development; chair; Golombek Bonifacio, Russell, Thompson Finance; Chair; Davis Bonifacio, Coppola, Griffin Legislation; Chair;Fontana Bonifacio, Coppola, Russell Rules; chair; Franczyk Coppola, Russell RECEIVED AND FILED. NO. 19 Announcement of Special committee Appointments Page 37 04- 0106.txt I hereby appoint the following Councilmembers to serve on Committees as shown: Budget: Chair; Bonifacio Coppola, Davis, Golombek MBEC Chair: Thompson Davis, Griffin RECEIVED AND FILLED. No. 20 Appointment Marriage Officers Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following persons whose appointment as a Marriage officer shall expire at the end of the four year appointment. Dominic Bonifacio Jr. Marc Coppola Brian Davis Richard Fontana David Franczyk 7oseph Golombek 7r. lames D. Griffin Bonnie E. Russell Antoine M. Thompson Charles L. Michaux M Gerald A. Chwalinski Diana Rico Donald 0. Allen Millie Castro ADOPTED. No. 21 Adjournment At 3:51 PM Mr. Coppola moved to Adjourn, seconded by Mr. Golombek ADOPTED. Page 38