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Home My WebLink About04-0316No.6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 16, 2004 FIRE AND POLICE PENSION MARCH 18, 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 - LOVEJOY 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, Joseph Golombek, Antoine Thompson- Members CLAIMS COMMITTEE: James Griffin, Chairman, Richard Fontana, Joseph 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, James Griffin - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc Coppola, Bonnie Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc Coppola, Bonnie Russell, Members EDUCATION COMMITTEE: David A. Franczyk Chairman, Marc Coppola, Bonnie Russell - Members 1-11:2xd /e1 W9161 kh hh111 i94 *� BUDGET COMMITTEE: Dominic J. Bonifacio Jr, Chairman, Marc Coppola, Brian Davis, Joseph Golombek Jr.- Member BOARD OF EDUCATION: Antonie Thompson, Chairman, Richard Fontana, David Franczyk, Bonnie Russell — members RULES COMMITTEE: David Franczyk Chairman, Bonnie Russell, Marc Coppola — Members FRUITBELT COMMITTEE : Brian Davis Chairman MBEC: Antoine Thompson Chairman, Brian Davis, James Griffin — members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 2, 2004 AT 2:00 P.M. PRESENT — President Franczyk, and Council Members Bonifacio, Coppola, Fisher, Fontana, Golombek Griffin, Russell and Thompson - 8 ABSENT — Davis - 1 On a motion by Mr. Coppola , seconded by Ms. Russell, the minutes of the stated meeting held on March 2, 2004 were approved. FROM THE MAYOR NO. 1 Appointment of Member to the Buffalo Board of Parking Pursuant to the powers vested in me by Section 18 -35 of the Charter of the City of Buffalo, subject to confirmation by Your Honorable Body, I hereby appoint the following individual to the Buffalo Board of Parking for a term commencing immediately and will expire March 31, 2007. APPT. Richard J. Lehner 134 Highland Avenue Buffalo, 14222 Richard J. Lehner, an attorney, has been in private practice since 1986. Mr. Lehner previously served as the Assistant Executive Director and Counsel for the Buffalo Municipal Housing Authority, Counsel to former NYS Senator Frank Gilinski and from 1965 to 1969 served as an Assistant U.S. Attorney in the U.S. Dept. of Justice. Mr. Lehner earned a BS from Canisius College, a LL.B. from Fordham. University and a LL.M. from NYU Graduate School of Law. Mr. Lehner is being appointed to fill the seat previously held by Paula Ciprich. I hereby certify that the above named individual is fully qualified for reappointment to the Buffalo Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND DIVISION OF COLLECTIONS NO. 2 Re- Appointment of Members to the Buffalo Arts Commission Pursuant to the powers vested in me in Chapter 6, Article 5, Section 6 -26 of the Code of the City of Buffalo, I hereby appoint and re- appoint the following members, who will serve at the pleasure of the Mayor, to the Buffalo Arts Commission: Appointment: Elaine Irwin Cryer 350 Woodbridge Ave. Buffalo, 14214 Elaine Irwin Cryer has been active in numerous community organizations and professional memberships. Ms. Cryer, a member of the Public Relations Society of America, is a Community Liaison to the Baird Foundation and serves on the boards of the Buffalo and Erie County Historical Society, Landmark Society, Partners for a Livable "Y and the Western Erie Canal Heritage Corridor Planning Commission. Ms. Cryer received her B.A. in Public Communications in 2002 from Buffalo State College and a A.S. from Cazenovia College. Re- Appointment: Barbra A. Kavanaugh 286 Baynes St. Buffalo, 14213 Judy C. Beecher 28 Oakland Place Buffalo, 14222 Donald J. Siuta 117 Linwood Ave. Buffalo, 14209 Brigitte Barrell 25 Hodge Avenue Buffalo, 14222 D. Bruce Johnstone 284 Rivermist Ave. Buffalo, 14202 Olga Aleksiewicz Lownie 67 Lexington Ave. Buffalo, 14222 Margaret Roblin 29 Colonial Circle Buffalo, 14222 Tod Kniazuk 316 Willet Street Buffalo, 14206 Celeste M. Lawson 506 Linwood Ave. Buffalo, 14209 1 hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Arts Commission. I would like to re- appoint Margaret Roblin as Chair of the Buffalo Arts Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, AND DIVISION OF COLLECTIONS. No. 3 Re- Appointment of Member to the Appraisal Review Board Pursuant to the powers vested in me by Section 312, Article 17 of the Charter of the City of Buffalo, I hereby re- appoint the following individual, subject to confirmation by Your Honorable Body, for a term commencing immediately and expire on December 31, 2007. Joseph Sole 171 Park Street Buffalo, 14201 1 hereby certify that the above named individuals are fully qualified to serve as members of the Appraisal Review Board. REFERRED TO THE COMMITTEE ON LECISLATION, CORPORATION COUNSEL AND DIRECTOR OF COLLECTIONS. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES No. 4 Monthly report from the Division of Citizen Services - February 2004 Attached for your review is the monthly report for February 2004, from the Division of Citizen Services. In order to analyze the calls, they were compared to service calls from the last six months and the service calls from February 2003. Total requests for services in February 2004 were down by 104 calls from January, but higher by 136, when compared to February 2003. That level of service requests is consistent with previous February trends, since it is the shortest month and February 2004 had one extra day, since it is a leap year. In comparing trends, and the calls received in February 2003 and 2004, three categories had note worthy differences. Recycle calls have dropped by almost half in the past twelve months, Adjudication calls are up by about 25 %, with sidewalk complaints being the reason for the increase and broken tote calls have nearly doubled over the past two months, when compared to previous months and last January and February. The Street's division of sanitation will be monitoring the broken tote increase to determine if there were any other reasons for the increase in broken totes, other than the extremely cold temperatures in January and the ice banks that formed along the curbs. As always, I hope that this information is helpful, REFERRED TO THE COMMITTEE ON FINANCE FROM THE BOARD OF PARKING NO. 6 Augspurger Ramp Expansion Attached, please find the following information for the above stated project. • Affirmative Action Workforce Report • WBE /MBE Sub - Contractor Report COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFEERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO. 6 Change Order No. 3 Augspurger Ramp Addition I hereby submit to your Honorable Body the following changes for the addition to the Augspurger parking ramp. SUPERSTRUCTURE Louis P. Ciminelli Const. Co. Inc. - Contract No. 92010771 Change Order No. 3 Cantilever @ SR per A/ E Oct. 13 $ 6,503.00 Rebar at Curbs at Speed Ramp $ 3,773.00 Modify Slab per RFI 177.0 $ 3,698.00 Remedial CIP at Level 3 Stair One $ 622.00 Clean Out Elevator Pit $ 621.00 Additional Embeds (LPC CP #31) $ 2,965.00 Breakmetal/ Blocking at Corbell $ 4,175.00 9t" Floor Str Landing Detail - RFI 195 $ 403.00 Joint Sealant @ 3rd Floor Topping $ 2,825.00 Drill CMU Dowels (RFI #170.0) $ (2,000.00) Total Change Order No. 3 $23,585.00 Original Contract Amount $4,605,000.00 Net Previous Changes $ 141,568.00 Contract Sum Prior to this Change $4,746,568.00 Change Order No. 3 $ 23,585.00 New Contract Amount $4,770,153.00 ELECTRICAL Ferguson Electric Construction Co. - Contract No. 92010782 Change Order No. 3 Add'I Preparation for Multiple Floor pours $ 1,340.41 Wall Packs & Bull. $ 43,997.00 Added Trailer Circuits $ 720.00 Upgrade Service 1200A to 1600A $ 732.22 Bulletin #5 Revised - Fire Alarm $ 4,291.00 Elevator ADA Comm. Req - RFI #199.0 $ 34,086.00 Total Change Order No. 3 $ 45,166.63 Original Contract Amount $453,800.00 Net Previous Changes $ 87,020.35 Contract Sum Previous to this Change $540,820.35 Change Order No. 3 $ 45,166.63 New Contract Amount $585,986.98 GLAZING CONTRACT Nep Glass Co. Ltd - Contract No. 92010784 Special Fire Proof Glass at Pedestrian Bri $ 17,000.00 Break Metal CMU Curbs $ 6,830.00 Total Change Order No. 3 $ 23,830.00 Original Contract Amount $598,100.00 Net Previous Changes ($121,929.00) Contract Sum Prior to this Change Order $ 476,171.00 Change Order No. 3 $ 23,830.00 New Contract Amount $ 600,001.00 PLUMBING AND FIRE PROTECTION C & L Plumbing Inc. - Contract No. 92010785 Change Order No. 3 Add Waste/ Vent Stack $ 3,337.00 Water Pumps & Temp, from Adams $10,321.00 CL - Sprinkler Assembly ($3116.00) Added risers & sprinklers heads in stair towers $ 23,552.00 2nd Floor sprinkler system build out $ 46,670.00 Total Change Order #3 $ 80,764.00 Original Contract Amount $ 219,300.00 Net Previous Changes $ 38,595.00 Contract Sum Prior to this Change Order 257,895.00 Change Order No. 3 $ 80,764.00 New Contract Amount $ 338,659.00 GENERALTRADES Sicoli & Massaro - Contract No. 92010786 Contract No. 3 Additional structural plates for 2nd Floor $ 7,343.00 Credit in lieu of Glazed Brick ($ 2,212.00) Screed Change 2nd Floor $ 6,138.00 Bull No. 3 - 2nd Fl. - Temp, heat $ 3,000.00 Added Trailer circuits $ 720.00) 2nd Lvl Slab Struct. Precast RFI 201 $ 5,495.00 CMU Curb 3rd Fl. Str #1 (RFI 145.0) $ 1,64.00 Addl. CMU@ Beam (RFI #164.0) $ 989.00 Addl. Spandrel Demo CP #2 $ 10,542.00 Ground Face DMU St #2 (RFI #125) $ 4,891.00 RFI 157 - Remove Ceramic Tile in Elevators($ 480.00) 2nd Fl. Bridge Masonry & HM Frames $ 12,167.00 Addl. Masonry at stair tower one $ 1,611.00 Drill CMU Dowels (RFI #170.0) $ 2,000.00 Total Change Order #3 $ 52,228.00 Original Contract Amount $ 1,554.000.00 Net Previous Changes $ 98,925.00 Contract Sum Prior to this Change $ 1,652,925.00 Change Order No. 3 $ 52,228.00 New Contract Amount $ 1,705,153.00 MECHANICAL D.V. Brown & Associates- Contract No. 92010790 Change Order No. 3 Extra Ventilation & Exhaust at Generator $ 5,262.00 Total Change Order No. 3 $ 5,262.00 Original Contract Amount $ 108,400.00 Net Previous Changes $_0_ Contract Sum Prior to this Change Order$ 108,400.00 Change Order No. 3 $ 5,262.00 New Contract Amount $ 113,662.00 Contract No. 3 Total Value of all Original Contract $ 9,254.351.00 Total Change Order No. 1 186,880.00 Total Change Order No. 2 319,787.35 Total Changer Order No. 3 230,835.63 New Contract Amount $ 9 These changes could not be foreseen at the time the contracts were let. All costs have been reviewed by the architect and construction manager and found to be fair and equitable. Funds are available in bond account 51019036 445100. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 11, 2004, 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. 3, to Louis P. Ciminelli Const. Co., Inc., for Superstructure, Contract No. 92010771, to Ferguson Electric Construction Co., Contract No. 92010782 for Electrical, to Nep, Glass Co. Ltd., Contract No. 92010784 for Glazing Contract, to C & L Plumbing Inc., Contract No. 92010785, for Plumbing and Fire Protection, to Sicoll & Massaro, Contract No. 92010786, for General Trades, to D. V. Brown & Associates, Contract No. 92010790, for Mechanical for an increase in the total amount of S230,835.63, as more fully described in the above communication, for work relating to Augspurger Ramp Addition. Funds for this project are available in bond account 51019036 445100. Passed AYES -7- NOES -1 AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON — 7 NOES- GRIFFIN - 1 ly:l6]Lrilr9a=115d11 Wfi :JWIN ILI" *67M NV NO. 7 Genesee Village Site Designation Genesee Village Project Area Planning Board Approval The City Planning Board at it's meeting on February 24, 2004 adopted the following resolution designating the Genesee Village Project area as appropriate for Urban Renewal Treatment. Ms. Schwartz offered the resolution, seconded by Mr. Bums and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accorclan with Section 504, Article 15 of the General Municipal Law of New York State, do this 2e day of February, 2004 adopt the following resolution: WHEREAS, the Office of Strategic Planning has recommended that the Genesee Village Project area, consisting of all that tract of land situated within the area generally bounded by the street right -of -ways of East Tupper Street on the north, Oak Street on the east, East Huron Street on the south & Ellicott Street on the west, be designated for the elimination of existing signs of blight, slum and substandard conditions which tends to impair the sound growth and development the municipality, and the Area be designated as appropriate for Urban Renewal treatment; and WHEREAS, the designation of said area will allow for the systematic, long term re- planning reinvestment and redevelopment of the area; and WHEREAS, the designation and redevelopment of said area will provide new economic development and job opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room 901 on February 24, 2004 at 8:00 a.m., at which the proposed site designation was presented and explained in detail, and those desiring to be heard were heard NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the site designation of the above described Genesee Village as being substandard conditions that impairs the growth and development of the area, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and BE IT FURTHER RESOLVED, that, the Coordinator of the Office of Strategic Planning is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the designated Genesee Village Project Area. AYES: Messrs. Manuele, Gioia, Lyons, Morrell, & Burns Ms. Schwartz, Ms. Hoyt NAYS- None ABSENT: None REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 S. Tucker Curtin 3149 Main St. Restaurant expansion Item No. 56, C.C.P. 3/2/2004 The City Planning Board at its regular meeting held Tuesday, March 9, 2004, considered the matter captioned above pursuant to Section 511 -79.5 of the Buffalo Code, Transit Station restricted uses. The applicant seeks to erect a canopy over the second floor exterior deck of an existing restaurant located at 3149 Main Street. Under SEQR the proposed use is considered an unlisted action which may be studied through an uncoordinated review. The Planning Board voted to approve the proposed expansion of an existing use. The Planning Board also reviewed and approved this proposal under the City- wide Design and Site Plan ordinances. RECEIVED AND FILED NO. 9 K. Kane 500 Carlton Non - Accessory Billboard Item No. 22, C.C.P. 1/6/2004 The City Planning Board at its regular meeting held Tuesday, March 9, 2004, considered the matter captioned above pursuant to Section 387 -19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 14lx48'x591 billboard at the rear portion of 500 Carlton Street overlooking Martin Luther King expressway. This parcel is located in a "R" zoning district and the applicants have already secured a variance from the Zoning Board of Appeals. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve this application provided that the applicant screen the pole structure with vegetative planting of several evergreen species of trees, at least 31 caliper and a minimum of 61 tall. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 REQUEST FOR APPROVAL TRANSFER TITLE OF 938 ELLICOTT STREETS FROM BURA TO THE CITY OF BUFFALO The City of Buffalo Urban Renewal Agency has approved the Transfer of 938 Ellicott Streets at its meeting of February 12, 2004 Item 12b.from the Buffalo Urban Renewal Agency to the City of Buffalo. This parcel is not useable for development. 938 Ellicott is only 10 feet wide. It faces Saint Paul Mall North and is adjacent to a City owned parcel at the corner of Saint Paul and Ellicott Streets. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution for your action. We now respectively request Your Honorable Body approve the transfer of these properties to the City of Buffalo. Forwarded herewith is the following document: 1. Resolution approving proposed Land Transfer REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 Cornerstone Manor Development SEQR Lead Agency Designation Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined by SEAR, is an Unlisted Action for which a coordinated review will be completed. As per Section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must be designated from among the involved agencies within (30) thirty calendar days of the date of this letter. The Buffalo Urban Renewal Agency proposes to assume Lead Agency status for this project. The project Environmental Assessment Form is enclosed for your review. If your agency has no objections to the designation of B.U.R.A. as Lead Agency, please sign this letter and return it to my office at, Room 901 City Hall, Buffalo, New York 14202. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 12 Difference in Pay Jeffrey J. Sacilowski The Office of Strategic Planning, Division of Real Estate, has been advised by the Division of Payroll that it is this office's responsibility to submit to Your Honorable Body a request to pay the difference in pay for Jeffrey J. Sacilowski. Jeffrey Sacilowski is a permanent Laborer I in the Division of Real Estate. He was on Worker's Compensation from the period of 9/27/02 - 5/29/03. According to his Union Contract under Article XIII - Absence Due to Injury - Employees who are absent from work because of injuries received in service of the City and who receive compensation benefits may receive a supplement sum equal to the difference between their wages and their compensation benefits for a maximum period of six months, upon authorization and approval by the Common Council. The City agrees to recommend to the Common Council the payment of such wage differential. The City Payroll Department has informed this office that the difference of pay should be calculated as follows: $916.80 Regular Pay - 56.84 FICA 13.29 Medicare 102.02 Fed. Tax 30.30 NYS Tax 27.50 NYS Retirement) $686.85 divided by 10 days per pay period = $68.68 daily rate Worker's Comp. was $596.00 per pay divided by 10 days - $59.60 daily rate Then take the difference of the $68.68 Regular daily rate less deductions 59.60 Worker's Compensation daily rate paid $ 9.08 Difference per day to be paid X - 1 29 days (first 6 mths from 9/27/02 - 3/26/03) $1,171.32 Total Difference in Pay I am recommending that Your Honorable Body authorize Payroll Audit to process payment to Jeffrey J. Sacilowski in the amount of $1,171.32. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 8, 2004 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Jeffrey J. Sacilowski, Laborer I in the Division of Real Estate in the total amount of $1,171.32 for difference in pay allowance under the provisions of the Workers' Compensation Law from 9/27/02 to 5/29/03. Passed AYES -8- NOES -0 No. 13 Pearl McSpadden Request Purchase 2343 Bailey Avenue Item #53, C.C.P. 2/17/04 The Office of Strategic Planning received a request from Mrs. Pearl McSpadden on February 17 th , 2004 to acquire 2343 Bailey Avenue for parking for her business at 2339 Bailey Avenue. A letter from our office was forwarded to Mrs. McSpadden on February 23 2004 advising her to provide a written plan and /or drawings /renderings for the planned improvements or additions to be completed at the property. The request was reviewed on March 4 th , 2004 by our Land Use Planning Committee and released for sale. We are waiting for reports from the Division of Collections and The Division of Permit and Inspection Services to determine that there are no taxes or other obligations owed to the City of Buffalo or property code violations against the purchaser. Mrs. McSpadden has offered one thousand dollars ($1,000) for the vacant lot, which is assessed at three thousand five hundred dollars ($3,500). The Division of Real Estate will determine the current fair market value of the property using current market data. We will advise Mrs. McSpadden of the value and negotiate a sale with her and report those results back to Your Honorable Body for final determination. REFERRED TO THE COMMITTEE ON COMUNITY DEVELOPMENT NO. 14 Results of Negotiations 2188 Fillmore, 48' North of Jewett Lot Size: 30 x 120 Assessed Valuation: $ 3 Masten District Item No. 6, C.C.P. 11/12/03 In the above referenced Item No. 6, C.C.P. 11/12/03 Your Honorable Body approved the sale of 2188, 2214, 2236 Fillmore, 107 & 117 Jewett Avenue, 11, 19, 29, 30, 36, 38 and 48 Brewster to Tri -Main Development located at 2495 Main Street. Tri -Main is purchasing these properties, which are located around their building, so that they can market them as residential and commercial opportunities. Upon reviewing the closing documentation it was discovered that Tri -Main neglected to include 2218 Fillmore. The Division of Real Estate has investigated the sale of similar properties in the area sale prices range from fifty cents (.50) to one dollar ($1.00) per square foot. The results of our negotiations are that Tri -Main Development (a.k.a. Market on Main, Inc.) has agreed and is prepared to pay a purchase price of One Thousand Six Hundred Fifty Dollars ($1,650.00) for the property at 2218 Fillmore Avenue. They have also agreed to pay for the cost of the transfer tax, recording fees, and cost of legal description. I am recommending that Your Honorable Body approve the sale of 2218 Fillmore Avenue in the amount of One Thousand Six Hundred Fifty Dollars ($1,650.00) to Tri -Main Development (a.k.a. Market On Main, Inc.). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 Results of Negotiations Properties on Ellicott, Riley & Laurel Streets Ellicott District The Office of Strategic Planning, Division of Real Estate has received a request from Mr. R. Cash Cunningham, Cash Realty of WNY, Inc., 1325 Main Street, Buffalo, New York 14209, to purchase sixteen (16) City -owned vacant lots located on Ellicott, Riley and Laurel Streets, which are listed on the attachment. Cash Realty owns the Packard and Squire Building at Main and Riley Streets and has made substantial investments to these properties. They wish to acquire the vacant surrounding properties to further improve the area and market them for development. The Division of Permit and Inspection Services 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 by the purchaser. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from thirty -six cents (.36) to sixty -five cents (.65) per square foot. The results of our negotiations are that we have agreed to a sales price of twenty three thousand one hundred fifty dollars ($23,150), thirty -six cents (.36) per square foot. Mr. Cunningham has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of the sixteen (16) listed properties in the amount of twenty three thousand one hundred fifty dollars ($23,150) to Mr. R. Cash Cunningham, Cash Realty of WNY, Inc. I 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. Address Lot Size Offer 1105 Ellicott 43'x 120' $2,400. 1109 Ellicott 43'x 120' 2,400. 1117 Ellicott 76'x 125' 4,300. 49 Riley 35'x 112' 750. 62 Riley 27'x 109' 750. 76 Riley 33'x 106' 750. 108 Riley 69'x 106' 3,700. 120 Riley 40'x 106' 2,100. 124 Riley 30'x 106' 750. 126 Riley 30'x 106' 750. 134 Riley 25'x 106' 750. 136 Riley 25'x 106' 750. 140 Riley 25'x 106' 750. 59 Laurel 32'x 111' 750. 79 Laurel 25'x 110' 750. 81 Laurel 25'x 110' 750. TOTAL $23,150. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 Transfer of Title Urban Homestead Program 57 Box Avenue (City -Owned Vacant Lot, 32'x 118') Masten District The Office of Strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 57 Box Avenue, Buffalo, New York, parcel is 32'x 118' in dimension; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Ms. Cassandra C. Adkins resides at 53 Box Avenue, Buffalo, New York 14211 has indicated she will clean, improve and maintain the lot at 57 Box Avenue 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 Ms. Cassandra C. Adkins on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Copploa Moved: That the above communication from the Office of Strategic Planning dated March 10, 2004, be received and filed; and That the city -owned property commonly known as 57 Box Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Cassandra C. Adkins, residing at 53 Box Avenue, 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 -7- NOES -0 NO. 17 Transfer of Title Urban Homestead Program 982 Sycamore Avenue Lot Size: 58'x 75' Fillmore District The Office of Strategic Planning, Division of Real Estate, has surveyed the City owned vacant lot at 982 Sycamore Avenue, Buffalo, New York, parcel is 58'x 75', and has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mr. Harry D. Seals at 197 Woltz Avenue, Buffalo, New York 14211 has indicated he will clean, improve and maintain the lot at 982 Sycamore Avenue 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. Harry D. Seals 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 vacant lot at 982 Sycamore Ave. be and hereby is designated as a Homestead Property and the Director of Real Estate is hereby authorized to transfer the property at 982 Sycamore Ave. to Mr. Harry D. Seals on the condition that the property be cleaned and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -8- NOES -0 NO. 18 Hope VI PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo and the Buffalo Municipal Housing Authority covering the build out of forty (40) single family homes as part of the above - referenced Project. This Project arises from the commitment of the City of Buffalo, the Buffalo Municipal Housing Authority and the United States Department of Housing and Urban Development to replace 666 substandard housing units at the former Lakeview Projects pursuant to the settlement of the Comer v. Cisneros litigation. The Project is an approximate $7,300,000 investment in the City of Buffalo and is heavily dependant upon New York State low- income housing tax credits. The New York State housing tax credit application deadline is March 22, 2004. As part of the Project budget, the developer is relying on a PILOT Agreement with the City of Buffalo. The amount of the PILOT payments was calculated at $350.00 per unit, totaling $14,000.00 per year, and represents approximately two times the PILCT payments received for earlier phases of the Project. Mr. Coppola Moved: That the PILOT agreement between the City of Buffalo and the Buffalo Municipal Housing Authority covering the build -out of forty (40) single family homes as part of the Hope VI project be and hereby is approved. PASSED AYES -7- NOES -1 AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON -7 NOES - GRIFFIN —1 a :IQ ri &I:I=11115K6Lrili1Ko]144N No. 19 Buffalo Board of Education State Aid and Grant Cash Management The City of Buffalo receives state aid in many forms t4ough the State Education Department. As the monies are received, these are wired to the City of Buffalo's general fund account on a semi - regular basis. These then become an integral part of the combined City /Boa -rd cash flow statements. Audit Findings The average balances for the periods were consistently in the $3 - 5 million range, which certainly would be more helpful to the severe cash; strained City had the centralized unit been able to use these balances sooner. The deposit of large amounts of money were not moved on a timely basis. These schedules shows amounts in excess of $ 10 million and the number of days these were left in this clearing account. There were 178 occurrences in the three year history where large balances remained in the account. The average number of days where these remained in the account was 3.8 days and a cumulative number of 678 days with balances of the large deposits. The cost in terms of interest cost to the City at 4% was in excess of $502,361.00. Interest rates had been on their lowest historical levels over this period and empirically, the net effect would be larger. The most critical element here is the effect of the timing and cost of bonds and notes that are impacted by the most efficient knowledge and timing of funds available in advance of decisions to enter the market. This result would be at a different level because the interest rates were in the 4, 5 and 6% range versus leaving funds in an investment account at short -term interest income yields. Audit Recommendations It can not be emphasized enough that cash flow information on the most timely basis for those monies that are applied for and received timely. This account should be set LIP to Move the monies automatically when received to the main City investment fund account. Whether that is a "zero based" account or some other vehicle, it would eliminate at least a $4 million fund that could be part of what is invested centrally REFERRED TO THE COMMITTEE ON BUDGET NO. 20 Certificate of Necessity Transfer of Funds General City Charges Street Sanitation We, Anthony M. Masiello, Mayor and Andrew A. San Filippo, Deputy Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $60,000 be transferred and reappropniated from General City Charges, as set forth below: From: 17210006 - 442100 Gen'I City Charges — Refuse Disposal Services $60,000 To: 150500061 - 443303 Street Sanitation Services $60,00 RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 21 Ferguson Electric invoice Skateboarding Assn contract AUDIT OBJECTIVES Since there were no formal bids taken for this enterprise, are there extenuating circumstances that would allow for emergency powers to be utilized. AUDIT SCOPE Review the contract(s), invoices and discuss the particulars with management. Review the General Municipal Law (GML) regulations on such transactions and consider asking the Council to declare an emergency and pay under those circumstances, or ask the Council to approve based on a claim unapproved for payment by the auditor. METHODOLOGY Review the GML and ask for approval. By the respective legislative body, the Common Council. AUDIT FINDING The contract was issued in April for an event that took place in July. The expenditures included three companies, none of whom were selected as a result of competitive bidding, ASA Properties 11,930.98 build -out of street course flooring Seating Company 22,354.00 public seating labor, equip Ferguson Electric 28,428.81 This is contrary to General Municipal Law Article 5A section 103. Apparently there was no bidding on this project. The cost is 28,428.81, which is over the threshold of 20,000.00 for contracts for public work. The Agreement between the mayor and ASA properties was dated April 17, 2003 and signed May 1, 2003. Apparently Jim Pajak felt that the time frame involved for construction allowed for payment of previous bills to ASA and Seating Company for their part of agreement. Considering the electrical wasn't needed until July 22, 2003 nearly three months after contract was signed and four after ASA dated the contract, the question of emergency becomes clouded. Certainly if an emergency situation was present they should have declared such at that time. This does not appear to be the case. SUBSEQUENT EVENT Commissioner Glambra explained the transactions to the Corporation Counsel, who states that it "should be dealt with as an emergency situation" (letter included in enclosures). RECOMMENDATIONS We are, however, sending this item for approval to Council under City Charter Chapter 16 Article 11, Section 16 -14, payment of claims unapproved by Auditor. We recommend that projects such as this follow the laws and regulations first, and if funding is obtained before payment is made then the encumbrances can be reversed. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 Legal issues related to bfsa borrowing I'm enclosing for your information the opinion of the city's bond counsel relative to BFSA's proposal to seek amended state legislation so that property tax revenues could continue to be levied to pay debt service even if borrowings are structured through BFSA. The legislation must be amended otherwise using a portion of sales tax revenue and state aid for BFSA bond debt service would reduce available operating revenues for the city and the school district and thus increase the amount of city and school operating deficits. We have advised BFSA's bond counsel that their enabling statue must be amended to provide for a "mirror bond" structure for potential BFSA borrowings, similar to the enabling statutes for municipal assistance corporations which borrow on behalf of the cities of New York and Troy. The allocation of the city's debt limit is the responsibility of the city comptroller and a major factor in rating the city's credit worthiness. Any potential damage to the city's debt limit through BFSA deficit borrowings for the city and the school district could cost the city access to the capital markets. REFERRED TO THE COMMITTEE ON BUDGET SYSTEMS NO. 23 Common Council Resolution 000214 of 03/02/04 Review Online Electrical Permit Process City of Buffalo was one of the pioneer cities in offering online permit process 247 to its citizens in August 2002. The efforts of the Department of Permits and Inspections Services and Department of Management Information services have been praised in many publications of the software vendor "Hansen Information Technologies ". Over the last 19 months that this system has been available we have made many improvements to the process to make it more user friendly and to assure accurate and complete data gathering. Statistics Number of Contractors / Citizens who currently use the Online Permit Process 527 Total Revenue generated from Online Permit Process $161,702,27 Total Number of Electrical Permits Issued using Online Permit Process 2,032 Number of Electrical Permits with incomplete information (user input errors) 12 Accuracy Percentage 99.41% Total Number of Minor Repair Permits issued using Online Permit Process 609 Number of Minor Repair Permits with incomplete information 0 Accuracy Percentage 100% Fee Calculation All fee calculations are accurate and as per the City charter. The fee calculations have been thoroughly tested and proven correct. The fee calculation process in old manual system was arbitrary and error prone. Safety Issue The old process required Electrical Permit applications to be mailed to the Permit Office. There was a backlog of up to 4 months in processing the mailed application. In most of the cases the work was already completed and Inspection was performed without the permit. Now with Online Permit Process the inspector has the permit in hand and knows the scope of the work prior to inspection. This improved process actually reduces the likely hood of faulty installations. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 24 Notification Serial # 9929 Permissive Parking - Repeal on Main Street, east side between East Delavan Avenue and Jefferson Avenue (Delaware and Masten Districts) PERMISSIVE PARKING - REPEAL 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION Main Street, east side between East Delavan Avenue and Jefferson Avenue. PERIOD OF PERMISSIVE PARKING - DAILY 2 hour parking 7am to 4pm Except Sunday This action is being taken in order to provide additional long term metered parking on Main Street as requested by Canisius College. Notification Serial # 9930 Install Metered Parking on Main Street, east side between East Delavan Avenue and Jefferson Avenue (excluding existing No Parking and No Standing areas) (Delaware and Masten Districts) PERMISSIVE PARKING - 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 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Main Street, east side between East Delavan Avenue and Jefferson Avenue (excluding existing No Parking and No Standing areas) Period of Metered Parking 8 Hour Parking 8: 00 am to 4: 00 pm Monday - Friday Rate of Metered Parking Rate D $2.00 per day This action is being taken in order to provide additional long term metered parking on Main Street as requested by Canisius College. Notification Serial # 9931 Install Metered Parking on Main Street, west side between Eastwood Place and East Delavan Avenue (excluding existing No Parking and No Standing areas) (Delaware and Masten Districts) PERMISSIVE PARKING - 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 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Main Street, east side between Eastwood Place and East Delavan Avenue (excluding existing No Parking and No Standing areas) Period of Metered Park 8 Hour Parking 9: 00 am to 5: 00 pm Monday - Friday Rate of Metered Parking Rate D $2.00 per day This action is being taken in order to provide additional long term metered parking on Main Street as requested by Canisius College RECEIVED AND FILED WAIVE 45 DAYS NO. 26 Amend Lease - Erie Basin Marina Brand -On Services Inc. who currently operates the Eric Basin Marina have submitted the attached proposed changes to their lease. Under the terms of this proposal, Brand -On would assume the responsibility of maintaining the entire Marina including the lawn and garden areas, which are currently maintained by the City. In exchange, Brand -On would reduce their payment to the City by $87,000. We estimate the current cost to the City for this work at $95,000. Brand -On also proposed to install up to 120 additional boat slips, which will be available for rental. The new slips would be installed at no cost to the City. The City would receive no portion of the rental fees for the new slips for the first 3 years after they are erected. We would receive 5 % of gross revenues from the 4" to 10" year, and 10% after the 10th year. This department recommends the acceptance of this proposal. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 Report of Bids Downtown Tree Planting Spring 2004 Group #619 Ellicott District This is to advise your Honorable Body that I have advertised and received bids for Downtown Infrastructure, Spring 2004 Group #619. 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 or less than the total bid. The following bids were received: Base Bid Unit Price Increase Gleason's Nursery $84,630.00 $93,093.00 4780 Sheridan Dr. Williamsville, NY 14221 'Adjusted Amount I hereby that the lowest responsible bidder for the above project is Gleason's Nursery. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $93,093.00 ($84,630.00 Base Bid + 10% unit price increase $8,463.00 = Total Award $93,093.00). Funds for this work will be available in a future tree infrastructure capital account, which was approved as part of the 2001 Capital Budget. The engineer's estimate for this work is $85,000 and a list of locations is attached. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 10, 2004, 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 Downtown Tree Planting, Spring 2004, Group #619, to Gleason's Nursery, the lowest responsible bidder, in the amount of $93,093.00 ($84,630.00 Base Bid + 10% unit price increase $8,463.00 = Total Award $93,093.00). Funds for the project are available in a future tree infrastructure capital account, which was approved as part of the 2001 Capital Budget. Passed. AYES -8- NOES -0 NO. 27 Report of Bids North District Tree Planting Spring 2004 Group #618 This is to advise your Honorable Body that I have advertised and received bids for North District Infrastructure, Spring 2004 Group #618. 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 or less than the total bid. The following bids were received: Base Bid Unit Price Increase Gleason's Nursery $42,156.00 $46,371.60 4780 Sheridan Dr. Williamsville, NY 14221 'Adjusted Amount I hereby that the lowest responsible bidder for the above project is Gleason's Nursery. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $46,371.60 ($42,156.00 Base Bid + 10% unit price increase $4,215.60 = Total Award $46,371.60). Funds for this work are in Capital Project Account 34310606. The engineer's estimate for this work is $45,000. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 10; 2004, 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 North District Infrastructure, Spring 2004, Group #618, to Gleason's Nursery, the lowest responsible bidder, in the amount of $46,371.60 ($42,156.00 Base Bid + 10% unit price increase $4,215.60 = Total Award $46,3 71.60). Funds for the project are available in Capital Project Account 34310606. Passed. AYES -8- NOES -0 NO. 28 Permission to Enter into Agreements w /NYSDOT Provide Matching Funds Signal System Replacement Project Amherst Street Military Road to Bailey Avenue PIN #5756.80 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a Signal System Replacement Project on Amherst Street from Military Road to Bailey Avenue. In addition, permission is requested for our department to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. Costs estimates for the work, including engineering are $1.4 million dollars and the City's share of costs will be 5% or approximately $70,000 and will be available in our Capital Account for Local Match Reserve. Mr. Coppola moved That the above communication from the Commissioner of Public Works, Parks and Streets dated March 9, 2004 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct a Signal System Replacement Project on Amherst Street from Military Road to Bailey Avenue PIN #5756.80. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. The City's share of costs will be 5% or approximately $70,000 and will be available in Capital Account for Local Match Reserve. Passed. AYES -8- NOES -0 No. 29 Permission to Enter into Agreements w /NYSDOT Provide Matching Funds Signal System Replacement Project US Route 62, Bailey Avenue Main Street to Walden Avenue PIN #5756.82 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a Signal System Replacement Project on Bailey Avenue from Main Street to Walden Avenue. In addition, permission is requested for our department to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non - Federal shares of project costs. Costs estimates for the work, including engineering are $2.2 million dollars and the City's share of costs will be 5% or approximately $110,000 and will be available in our Capital Account for Local Match Reserve. Mr. Coppola _Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 10, 2004 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct a Signal System Replacement Project on Bailey Avenue from Main Street to Walden Avenue PIN #5756.82. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non'Federal shares of project costs. The City's share of costs will be 5% or approximately $110,000 and will be available in Capital Account for Local Match Reserve. Passed. AYES -8- NOES -0 No. 30 Permission to Hire a Consultant 60 Hedley Place Reconstruction: Phase 11 Masten District Permission is hereby requested from Your Honorable Body to hire a consultant for 60 Hedley Place Reconstruction: Phase 11. Phase 1, which restored the building envelope, is complete. The proposed phase would complete the interior reconstruction and site reconstruction. Funding for these services are available in Division of Buildings Accounts 34640306 and 36310306. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 3, 2004 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for 60 Hedley Place, Reconstruction: Phase 11. Funding for these services are available in Division of Buildings Accounts 34640306 and 36310306. Passed. AYES -8- NOES -0 No. 31 Permission to Hire Consultant Cazenovia Creek Bank Stabilization South District Permission is requested from Your Honorable Body for our department to hire an engineering consultant firm for design / construction services related to bank stabilization on Cazenovia Creek. Funds for this work are authorized in the amount of $2.5 million dollars as part of the 2002 Capital Budget. Costs for engineering design, construction administration and inspection are not expected to exceed $200,000.00 and funds will be available in a future Capital Project Account designated for this project. It is anticipated that design will be complete spring / summer of 2004 with construction to follow later this year. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 11, 2004 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant firm for design /construction services related to bank stabilization on Cazenovia Creek. Funds for this project are available as part of the 2002 Capital Budget. Passed. AYES -13- NOES -0 No. 32 Permission to retain Consultant Recreation Improvements Design Massachusetts Avenue Project (Niagara) Permission is requested from your Honorable Body to hire a consultant for design services related to recreational improvements at the Massachusetts Avenue Playground. This project is being done in conjunction with a National Park Service Urban Park and Recreation Recovery Program (UPARR) grant, which has been approved for 70% of the total project cost, up to $360,500. Fees for design and construction administration are not expected to exceed $50,000 and are available in Bond Account 30021406. It is also requested that your Honorable Body authorize the Department of Public Works, Parks and Streets to enter into all necessary agreements to execute the grant and accept funds into our Capital Project Account #30021406. Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 11, 2004 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for design services related to recreational improvements at the Massachusetts Avenue Playground. Funds for this project are available in Bond account 30021406. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into all necessary agreements to execute the grant and accept funds into the Capital Project Account #30021406. Passed. AYES -8- NOES -0 No. 33 Request for abatement for rent due Cazenovia Golf Course Concession South We have received the attached letter from Ms. Maritza Miller regarding her contract with the City for the operation of the Cazenovia Golf Course Concession. We agree that conditions beyond Ms. Miller's control caused her inability to operate the concession for a good portion of last season. We, therefore, request Common Council authorization to reduce the rent due from Ms. Miller by 50% ($2,718.25). Mr. Coppola Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 10, 2004 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the rent due from Ms. Miller by 50% or a total of $2,718.25 for the operation of the Cazenovia Golf Course Concession. Passed. AYES -8- NOES -0 No. 34 Tyson Foods Expansion Fillmore District Our department has received a request from Tyson Retail Deli Inc. to utilize a portion of Perry St. R.O.W. for additional employee parking (letter / site plan attached). This request is related to a renovation of Tyson's meat plant and an increase to the labor force. The area of Perry St. requested to be utilized is the dead end portion running west from Van Renneslare St. to railroad property, a distance of approximately 530'. Our department has no objections to this closure of a portion of Perry St. R.O.W. to vehicular traffic to construct a parking area for Tyson employees. The area in question is approximately 19,500 square feet and would be licensed and or leased to Tyson for use as a parking area. The following conditions apply: 1 . That the applicant obtains any and all other required City of Buffalo permits. 2. That all conditions listed by the City Planning Board in its approval be met. 3. That the concerns of all other abutting property owners be addressed. 4. That the parking area be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets and the Department of Permit and Inspection Services if required. 5. That the applicant be responsible for maintenance of the parking area as long as it remains within City right of way. 6. That the applicant shall be charged a fee per square foot on a yearly basis for utilization of City Right of way as a parking area. This fee should be determined by the Common Council. 7. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors affecting health, safety and welfare of the public, or the needs of the city, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Ordinances. 8. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said parking area. 9. The applicant provides access as necessary for any work and /or maintenance operations to underground utilities. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF REAL ESTATE, CORPORATION COUNSEL, AND PLANNING BOARD, NO. 35 Uncollectable Invoices The attached lists represent the outstanding uncollected invoices that were generated by this department. Upon review of this information, and based on the information at hand, all of the invoices on the attached list can /should be removed from MUNIS as uncollectable invoices. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 POSITION ALLOCATION MAINTENANCE FORM Title Equipment Operator Department /Division Public Works, Parks & Streets, Division of Streets Start Date February 25,2004 Salary $31,838 Reason for appointment Status Change Type of Status Change From Temporary to Permanent Competitive Non - Competitive Phillip Gramaglia 328 Bedford Avenue Buffalo State New York 14216 FROM THE COMMISSIONER OF POLICE No. 37 Response to request regarding Drug Asset Forfeiture Funds Pursuant to telephone conversation on Thursday, March 5, requesting further details regarding planned expenditures of the drug asset forfeiture funds received. Please see attached document detailing which accounts these funds are placed into. In addition, a brief explanation is included detailing what particular goods or services these funds will be utilized to purchase. Considering the City's financial crisis and recent budget cuts, these funds enable the Department to fill certain gaps in the general Police Department budget. The items purchased are deemed necessary and essential to the proper functioning of the Police Department and enable Police Department personnel to perform their specific job requirements and duties. If you have any further questions, please contact this office at 851 -4571. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 38 "Update from Buffalo Fire Department Regarding Restructuring" Resolution #95, February 17, 2004 In response to the above - referenced Common Council request, the Buffalo Fire Department is in the process of reorganization in accordance to the MMA Consultant report recommendations. Enclosed is statistical information compiled by the Department for CitiStat for the month of January, 2004. Information for February, 2004 should be available in mid -March for your review. To date we have: Closed E- 10 and L- I Ion November 1, 2003 with Common Council approval. Closed L -9 on March 1, 2004 with Common Council approval. Changed EMS responses effective March 1, 2004. Engine companies are the primary responders. Ladder companies will fill in if Engine companies are out of service or on other calls. There is one exception, which is Ladder 12. It is a single house, and they will respond in their district to keep calls within accepted response times. Trained two (2) Engine companies /4 Platoons (Engines 24 & 32) to perform Rapid Intervention Team (RIT) or Fast Team duties in order to comply to NFPA fire - ground guidelines. Two (2) additional companies /4 Platoons (Engines 37 & 3 1) will be fully trained by July 1, 2004. Completed Haz Mat technician training and baseline physicals for two (2) additional companies /4 Platoons (Engines 21 & Ladder 6) and have introduced these companies into the BFD Haz Mat response. REFERRED TO THE COMMITTEE ON BUDGET a :16 ] L r i l r 9: I NE K 61 :1061 : L A 11610 NO. 39 Dog and Animal Control Protection Reforms (Item No. 108, C.C.P., 3/2/04) We write in response to your request to comment on recommendations relating to dog and animal control. Under current state law, a municipality can adopt its own program for the control of dangerous dogs but such a program cannot regulate dogs in a manner that is specific as to breed and such a program cannot be less stringent than the provisions contained in Article 7 of the Agriculture and Markets Law (Agriculture and Markets Law § 107(5)). It is our understanding that there is proposed legislation before the New York State Legislature to change the restriction on breed specific legislation but this legislation has yet to be voted on. With the above restrictions in mind, this office stands ready to assist the Common Council in ways to implement a program that is consistent with current state law. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 J. N. Adam Developmental Center Perrysburg, New York This office has received the attached request from the Empire State Development Corporation requesting that the City of Buffalo release its reversionary interest in the property at Perrysburg, New York. The Empire State Development Corporation has requested that this office file their proposal with the Common Council for consideration. REFERRED TO THE COMMITTEE ON FINANCE NO. 41 Parking Meter Advertising Agreement We have attached a final version of the Parking Meter Advertising Agreement between the City of Buffalo and Park Place Media, LLC. This agreement reflects the changes that were discussed at the Finance Committee meeting held on Tuesday, February 24, 2004. Your permission is sought to authorize the Director of Parking Enforcement to execute the attached agreement. Mr. Coppola Moved: That the above communication from the Department of Law dated March 11, 2004 be received and filed; and That the Director of Parking Enforcement be, and he hereby is authorized to execute the Parking Meter Advertising Agreement between the City and Park Place Media, LLC. Passed. AYES -8- NOES -0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No. 42 Review of Online Electrical Permit Process I am in receipt of the above - stated Common Council Communication and wish to supply your Honorable Body with the following information. Online permitting was introduced 18 months ago for electrical and simple building permits; plumbing will soon follow. This system provides both security and convenience for its users. After a review of the online permit system, it was found that a total number of 2,447 electrical and building permits have been processed, with roughly 400 users. As this is a new system, certain revisions were expected and they have been minimal. Any permit requiring the review of plans, such as new builds, major renovations and fire alarm systems are not eligible for the use of the Online Permitting System. As part of the electrical online application, the "Kilowatt Load" will be a required field. All permits will be field- verified inspected by the Electrical Inspector's to assure compliance with all fee requirements. Fees currently utilized are reflective of the City Charter, and are tested and accurate. We in the Department of Permit and Inspection Services are happy to share our successes with your Honorable Body, and we will continue to be diligent in our monitoring of all permit activity. Hansen Information Technologies has named the City of Buffalo as its Client of the Month for February, 2004, stating that "Buffalo is a progressive city which can boast significantly improved service delivery to citizens and a proactive approach to code enforcement and permit application management." It is my sincere hope that this response satisfies your inquiry, REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 43 ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES FROM MUNIS Pursuant to the request of the Finance Committee, attached for your consideration is the revised list of uncollectable accounts receivable invoices. REFERRED TO THE COMMITTEE ON FINANCE NO. 44 ABATEMENT OF DEMOLITION INVOICES FROM MUNIS Pursuant to the request of the Finance Committee, attached for your consideration is the revised list of uncollectable demolition invoices. We are requesting that these invoices be abated from the MUNIS system. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES No. 45 Youth Services Study I am requesting to abate the Invoice to Erie County for the amount of $75,000. Invoice Date: 01/15/1999 Invoice Number: 537 Billing was sent out prematurely and the Consolidation study was never performed. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 46 NYS EMPIRE ZONE Revision to Empire Zone #38 & 74 On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On January 9, 2002, the City of Buffalo was awarded a second Economic Development Zone, now known as the Empire Zone, by the State of New York. Subpart 4 of aforesaid Local Law defined the boundaries of the areas of Zone #74. Subsequent to the designation of the Empire Zone, certain areas adjacent to the Zone have been proposed for major economic development activities. Due to recent developments and a change in circumstances, the Buffalo Economic Renaissance Corporation believes that it is in the best interest of the City of Buffalo to approve a revision to the boundaries of Empire Zone #38 & 74. It is therefore respectfully requested that the attached resolution be approved. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Ia:16LTAIr9:1=11115d11 WLd44NN NO. 47 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the January 6, 2004 Board of Ethics meeting. There were no meetings held in November or December. Copy on file in Clerk's Office RECEIVED AND FILED. NO. 48 DOG & ANIMAL CONTROL AND PROTECTION REFORMS CCP #108 - 3/2/04 I am currently working on a City -wide dog census plan. I am preparing a map that will break down the city into various sections. I should have something filed by the next Common Council Meeting. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 765 Elmwood Brodo S. Donald Ware /Elaine Green 153 Elmwood Cozumel Gril C. DiFiglia 76 Pearl Pearl St. Brewing Pearl St. Brewing LLC RECEIVED AND FILED NO. 50 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 Public Works, Streets & Parks- William McKnight, Joseph Lunghino RECEIVED AND FILED. NO. 51 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 52 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF COMMUNITY SERVICES Appointment Effective March 9, 2004 in the Department of Community Services, Division of Contract Administration to the Position of Lifeguard, SEASONAL, NON - COMPETITIVE, AT THE FLAT Starting Salary of $ 6.25 per hour Elizabeth Honan 32 Covington Buffalo 14216 Sarah VanAlstine 371 Villa Buffalo 14216 NO. 53 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. DEPARTMENT OF COMMUNITY SERVICES Appointment effective March 10, 2004 in the Department of Community Services, Division of Contract Administration, to the position of Attendant, Temporary Appointment, at the flat starting salary of 6.00 per hour. Curtis Middlebrooks 77 Cloverdale Buffalo 14215 Appointment effective March 9, 2004 in the Department of Community Services, Division of Contract Administration, to the position of Attendant, Temporary Appointment, at the flat starting salary of 6.00 per hour. Richard Kobis 229 Geary Buffalo 14210 Joan Fletcher 128 Trowbridge Buffalo 14220 Eileen O'Rourke(sic) 39 Coronada Buffalo 14220 April Nicastro 252 Massachusetts Buffalo 14213 Anna Jacobsen 22 Oakdale #2 Buffalo 14210 Loretta White 984 Smith Buffalo 14212 Darryl Gaiter 77 Parkside Buffalo 14214 Benjamin Smith 211 W. Tupper Buffalo 14201 Joseph Zon 129 Military Buffalo 14207 Daniel Young 22 Philadelphia Buffalo 14207 AnnaMarie Kobis 229 Geary Buffalo 14210 Michael Evens 158 James Buffalo 14210 Karen Klemowski 66 Wiley Buffalo 14207 Karl Schultz 9 Heward Buffalo 14207 Kevin Mathewson 47 Pavonia Buffalo 14207 Bonnie Orffeo 448 Vermont Buffalo 14213 Lynn Parker 757 Smith Buffalo 14206 Appointment effective March 10, 2004 in the Department of Community Services, Division of Contract Administration, to the position of Supervisor, Temporary Appointment, at the flat starting salary of 6.50 per hour. Patricia Scultz 9 Heward Buffalo 14207 Appointment effective March 9, 2004 in the Department of Community Services, Division of Contract Administration, to the position of Supervisor, Temporary Appointment, at the flat starting salary of 6.50 per hour. Michelle Nicpon 40 Seymour Buffalo 14210 Cathleen Lasky 91 Eaglewood Buffalo 14220 Helen Gaiter 77 Parkside Buffalo 14214 April Nicastro 252 Massachusetts Buffalo 14213 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment effective March 1, 2004 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position of Sr. 1 st Class Stationary Engineer, Temporary, Non - Competitive, at the starting salary of $10.25/hr. Pio Messere 538 Tacoma Avenue Buffalo. NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 54 R.EHHLERS INFO. GOVERNMENT ACQUISITIONS INC In view of the massive financial challenges facing the City of Buffalo, it seems that imaginative solutions should be of interest to the Common Council. The accompanying information about the program developed by Government Acquisitions, Inc. to supply virtually free police cars and other vehicles to cities and other government entities is worthy of consideration. The end result as depicted in the police car shown is neither unsightly nor inappropriate. This is a proposition that should be seriously explored. REFERRED TO THE COMMITTEE ON FINANCE NO. 55 B. SANDERS MEDICARE NOMINEE BACKS DRUG IMPORTS Can you please file this item for the next Council meeting to be held on Tuesday, March 16,2004. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 56 COMMENTS POLICE CHIEF POSITION The Buffalo Police Department is currently trying to have two Chief positions filled. One of them is the Chief of finance. Why does the Buffalo Police Department need a Chief of finance at over $95,000 per year when they have an accountant on the payroll that is paid under $40,000 per year? Why can't they just hire a second accountant? The other Chief position is the Chief of Staff. This job is a gopher for the Commissioner. Why does he need a $95,000 gopher when he has a staff of two deputy police com- missioners, one police officer, one detective and three report technicians and an executive assistant? If the Inspectors were taken out of the districts and the plan was to have a Chief in charge of each district, why are these positions being requested for headquarters and not to fill the vacancies in the two districts that do not have a Chief? Also, if they were intent on reducing the payroll of the department, why do they fill a Chiefs position with a Lieutenant instead of a Captain or an Inspector? If they fill the jobs with an Inspector, the payroll is reduced as the Inspector job is being phased out through attrition. If a Captain gets the job, there are a few Captain positions that do not need to be filled as well. A Lieutenant that makes Chief receives over a $22,000 pay increase, and then his position needs to be filled or it results in a lot of overtime. RECEIVED AND FILED NO. 57 COMMENTS PRO PATCH UNIT Again, my sincere thanks to you and the other Council Members for allowing me to appear before your Honorable Body regarding the PRO PATCH pothole patcher. The following information has been obtained as the result of questions raised at Tuesday's meeting. The Study Analysis that was given to you, was from a major North Carolina city, and was done twenty years ago in 1984. But the fact still remains, the PRO -PATCH unit does pay for itself in less than two years. The PRO -PATCH unit currently in Dunkirk, NY is a 1994 model. The current model has been significantly updated through the years, that the older unit does not compare with the 2004 state -of -the art model. The City of Baltimore, MD has several older models in service they wish to replace. The City of Newark, NJ is extremely interested in purchasing several units. I have been informed that the manufacturer is preparing a unit for demonstrations in those cities. We are making preparations to bring the PRO -PATCH to Buffalo after the Newark demo. We will keep your Honorable Body and the Department of Public Works, Streets and Parks informed of the schedule. Again, my sincere appreciation for your courtesy. Should you have any questions or require additional information, please call me. REFERRED TO THE COMMITTEE ON FINANCE NO. 58 SUPPORT DOLLAR HOMES INITIATIVE I HEREBY CERTIFY, That at the 5TH Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the Nineteenth day of February A.D., 2004, a Resolution was adopted, of which the following is a true copy: A RESOLUTION SPONSORED BY LEGISLATORS HOLT, SMITH & SCHROEDER WHEREAS, the U.S. Department of Housing and Urban Development (HUD) offers a program, the Dollar Homes Initiative, that allows local governments to purchase qualified HUD owned single - family houses for $1 each in order to help create housing for families in need while benefiting neighborhoods, and WHEREAS, HUD offers houses to local governments for $1 as a result of foreclosure actions and when HUD is unable to sell the houses for six months, and WHEREAS, the Dollar Homes Initiative makes it possible for local governments and their non - profit community development partners to improve neighborhoods, develop affordable and sustainable homeownership, and serve as catalysts for community redevelopment, and WHEREAS, the local governments and their non - profit partners resell the Dollar Homes at lower costs for low and middle- income residents, often first -time homebuyers, and thus benefiting the community, and WHEREAS, Erie County has previously entered into a Dollar Home agreement with HUD, and involving its community partners, Belmont Shelter Corporation and Key Bank, and WHEREAS, Erie County then transfers ownership and all responsibilities to its non - profit agency - partner who assumes ownership and responsibility for the property, including rehabilitating, if necessary, the property, and selling it to eligible homebuyers, and WHEREAS, under the Dollar Homes agreement, Erie County assumes limited responsibility and liability in the transfer of the houses, and WHEREAS, Belmont Shelter Corp. purchased a HUD Dollar Home for the first time in July 2002 in West Seneca, and WHEREAS, separately of Erie County, the Town of Cheektowaga has purchased three vacant and deteriorating homes from HUD under the Dollar Home program, and is rehabilitating the houses for later sale to income - eligible homebuyers, and WHEREAS, Erie County can playa major role in the improvement and development of neighborhoods and homeownership in communities in Erie County, NOW THEREFORE BE IT RESOLVED, the Erie County Legislature supports the Dollar Home Initiative and Erie County's agreement with HUD, and be it further RESOLVED, that the Erie County Legislature supports the extension and application of this program to more houses and communities in Erie County, and specifically in the City of Buffalo, and be it further TO WHOM IT MAY CONCERN: I HEREBY CERTIFY That at the 5 th Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the Nineteenth day of February A.D., 2004, a Resolution was adopted, of which the following is a true copy. - RESOLVED, that the Erie County Legislature urges the Commissioner for Environment and Planning to continue to acquire more HUD houses through the Dollar Home program and continue work with community partners to offer those homes to eligible homebuyers, and be it further RESOLVED, that certified copies of this resolution be forwarded to Erie County Executive Joel Giambra, Erie County Commissioner of Planning and Environment Laurence Rubin, the Mayors and Councils of the Cities of Buffalo, Lackawanna, and Tonawanda, the Supervisors and Councils of all Erie County Towns, the Mayors and Trustees of all Erie County Villages, the Buffalo regional office of the U.S. Department of Housing and Urban Development, and the local Congressional delegation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 69 SUPPORT RENEWAL COMM EXPANSION I HEREBY CERTIFY, That at the 6TH Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the Fourth day of March A.D., 2004, a Resolution was adopted, of which the following is a true copy: A RESOLUTION SPONSORED BY LEGISLATORS HOLT, SCHROEDER, KUWIK, SMITH, SWANICK & MARSHALL WHEREAS, the U.S. Department of Housing and Urban Development has designated Buffalo and Lackawanna as a "Renewal Community," and WHEREAS, the Renewal Community designation has been given to only forty (40) municipalities across the U.S., and WHEREAS, the Renewal Community designation provides for a number of significant economic development and tax incentives to spur private business development and investment in urban cities, create affordable housing, and the creation and maintenance of jobs in poor census tracts, and WHEREAS, the Renewal Communities will share an estimated $22 billion in federal tax incentives, WHEREAS, those federal incentives include a Work Opportunity Tax Credit for hiring new youth employees, an Employment Wage Credit for existing employees, Welfare to Work Credits for newly -hired welfare recipients, a Commercial Revitalization Deduction for the construction of new buildings or the rehabilitation of existing buildings, a Zero - Percent Capital Gains Rate, Additional Section 179 Expensing for businesses that purchase new equipment, Environmental Cleanup Cost Deductions for cleanup costs of brownfields, and WHEREAS, Renewal Communities will also enjoy access to the New Markets Tax Credits for investors and the Low - income Housing Tax Credit for rental housing, and WHEREAS, those federal incentives can be supported, in many Buffalo and Lackawanna neighborhoods, by New York State's Empire Zone benefits, and WHEREAS, the Renewal Community program and its many tax incentives are not yet well -known and utilized in Erie County, and NOW THEREFORE BE IT RESOLVED, that the Erie County Legislature expresses its full support for the expansion of the Renewal Community and urges the local federal congressional delegation to support the geographic expansion of the Renewal Community through legislation in the U.S. House of Representatives and the U.S. Senate (S. 100), and be it further RESOLVED, the Erie County Legislature urges local government authorities, offices and private sector business groups to work together to aggressively and fully market and publicize the program to private businesses, and be it further RESOLVED, that certified copies of this resolution be forwarded to the Erie County Executive, Erie County Commissioner of Environment and Planning, ECIDA, Mayor of Buffalo, Buffalo Common Council, Mayor of Lackawanna, Lackawanna City Council, Buffalo Niagara Enterprise, Buffalo Niagara Partnership, local office of Fannie Mae, and the local Federal Delegation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 60 SUPPORT BASS PRO SHOPS I HEREBY CERTIFY, That at the 6TH Session of the Legislature of Erie County, held in the County Hall, in the City of Buffalo, on the Fourth day of March A.D., 2004, a Resolution was adopted, of which the following is a true copy: A RESOLUTION SPONSORED BY LEGISLATORS HOLT, SCHROEDER, WROBLEWSKI, KUWIK, SMITH, RANZENHOFER, WEINSTEIN, MARSHALL, MCCARVILLE, CHASE, CUSACK & SWANICK WHEREAS, there is interest on the part of Bass Pro Shops, Inc. to locate one of their Outdoor World stores in Buffalo, and WHEREAS, there exists significant public and private support for the establishment of a Bass Pro store in downtown Buffalo, and WHEREAS, that support is manifested through pledges of financial support from Bass Pro itself, as well federal transportation funds, state funds, and aid /infrastructure assistance from Erie County and the City of Buffalo, and WHEREAS, recent discussion has centered on the establishment of a Bass Pro Shop, linked to a new intermodal transportation center, the demolition of the aging General Donovan State Office Building, and reuse plans for the Memorial Auditorium including the potential for the creation of a Great Lakes theme museum and a hotel- restaurant complex, and WHEREAS, such a multi - purpose project would link to the ongoing redevelopment of the Inner Harbor area and could contribute to the cultural and tourism marketing of our community, NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature expresses support for the Bass Pro - Intermodal Transportation Center - Memorial Auditorium - Donovan State Office Building project, particularly as it fits into the redevelopment of the Inner Harbor redevelopment, and be it further RESOLVED, that this Honorable Body calls on the New York State Assembly, New York State Senate, the Governor, and Erie County to redirect funds from the Adelphia project for the Bass Prolntermodal Transportation Center - Memorial Auditorium - Donovan State Office Building project, and be it further RESOLVED, that this Honorable Body expresses its appreciation to Congressman Jack Quinn and Buffalo Mayor Anthony Masiello for their efforts in support of the Bass Pro - Intermodal Transportation Center project, and be it further RESOLVED, that the Erie County Legislature requests the appearance of the Deputy County Executive, Budget Director or Commissioner of Environment and Planning to discuss the project and the County's specific role and proposed financial and infrastructure commitment to the project, and be it further RESOLVED, that certified copies of this resolution be submitted to Governor George Pataki, the Western New York Delegation of the New York State Legislature, Congressman Jack Quinn, Erie County Executive Joel Giambra, Buffalo Mayor Anthony Masiello, Members of the Buffalo Common Council, the local office of Empire State Development, and Bass Pro President John L. Morris (2500 E Kearney St, Springfield, MO 65803). RECEIVED AND FILED NO. 61 SUPPORT CREATION COB LIBRARY BOARD We all know and understand the importance of Buffalo's neighborhood Public Libraries. I have spoken with many of you, and know your commitment to each and every of great communities within the City of Buffalo. Creating a Library Board for our City is just another positive step for the future of our 15 branch locations. By creating a Board, we can preserve, protect and improve these fine community assets that serve the entire population, with books, access to information, education and so much more. These valuable resources are being threatened again by consolidation. The people of Buffalo who need these services the most, are the folks who would suffer the most. I urge you to adopt this resolution. It is time for the citizens of Buffalo to have a Board that will represent, protect and improve their accessible neighborhood libraries. Our libraries are an educational, informational and binding entity that cannot be matched by any other service the government provides. They serve all our people in so many ways. Much more needs to be done, Our branches need some minor work, but the benefits are clear. The positive affect created by keeping and improving all 15 Buffalo Libraries is a giant step in the right direction for Buffalo. You cannot ask for a better cause for all our great citizens. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 R. MAHONEY- COMMENTS BOARD OF TRUSTEES FOR COB LIBRARIES This is in response to your correspondence of March 3, 2004. Your letter invites comments or recommendations regarding a Common Council Resolution, "Board of Trustees for COB Libraries" ( #109 C.C.P. Mar. 2,2004). First, the resolution states that Buffalo branch libraries have been disproportionately targeted for consolidation. This is not accurate. While minimal consolidation has occurred (e.g., when the new Northwest Branch opened in 1969 to replace the Grant Street, West Side and jubilee Branches), other closings were the result of declining use and /or shortage of operating funds (e.g., Genesee and Watson Branches). Consider that Buffalo had 20 branches when its population was 532,000. Today, 15 branches serve fewer than 292,000. Today's branch system is 75% of what it was 40 years ago, but it serves a population that is only 66% of what it was 40 years ago. Consider also that the 400,000 square foot Central Library, situated in the heart of downtown Buffalo, is larger than all 36 suburban libraries combined. Second, in 1998, when independent consultants suggested that 11 of the 15 Buffalo branches should be consolidated, creating a city branch system of 8 libraries - including several newly constructed buildings to replace smaller, aging facilities -the Library's Board of Trustees rejected that proposal and did not consolidate a single branch when the Board adopted its strategic plan in 2000. Third, the Buffalo and Erie County Public Library did not begin strictly as a Buffalo Library System, but was, in fact, a merger of three libraries: The Buffalo Public Library, the Grosvenor Library and the Erie County Public Library. This was accomplished by enactment of Chapter 768 of the Laws of the State of New York (1953), which Created: "...a single free library to be known as a City and County Public library..." By Law, the Board of Trustees of this city and county library consists Of 15 members, at least eight of whom must be electors of the city. The population of the City of Buffalo accounts for approximately 31 % of the total population of Erie County, but Buffalo electors account for a controlling majority (at least 53 %) of the B &ECPL Board of Trustees. In short, residents of Buffalo wield decisive authority in all decisions that affect library service in Buffalo and in the surrounding municipalities of Erie County. No single free association or public library board of trustees in a suburban town or village exerts such authority or influence. The Association of Contracting Library Trustees (ACT) has no legal or statutory authority to represent the collective town, village and free association libraries of Erie County. The organization exists primarily as a forum for information exchange and to support advocacy efforts that benefit the entire B &ECPL System. Every member of the B &ECPL Board of Trustees is welcome to participate in ACT activities, programs and training efforts. B &ECPL trustees and staff routinely attend ACT meetings. For more than 50 years, the Buffalo and Erie County Public Library has faithfully and fairly served all residents of both city and county. Buffalo's library interests are well represented by the controlling majority of the B &ECPL Board of Trustees. Establishing a Buffalo board would create a redundant level of bureaucracy at a time when many believe it is necessary to reduce the layers of government. Do not hesitate to contact me or B &ECPL Director Michael C. Mahaney should you have any further questions or require clarification of any of the above. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 63 COMMENTS -J. JOHNSON -COST COMPARISONS We are in receipt of Councilmember Bonifacio's correspondence regarding information submitted by J. Chester Johnson at the February 26, 2004 Council Budget Committee meeting. Thank you for inviting the Buffalo Fiscal Stability Authority ( "BFSA ") to attend the March 11, 2004 meeting. Regrettably, we must decline due to other commitments. The demands of time on the BFSA Staff limits our capacity for outside meetings. We appreciate your understanding. We are unable to give a response to the cost comparisons presented by Mr. Johnson since they were based on his own assumptions. As Dorothy Johnson explained in our presentation to the Common Council, any assumptions on the cost of financing are highly speculative and cannot be confirmed until the BFSA has received a rating from the rating agencies. It is this rating that will determine the costs of any BFSA issuance. We hope this will be of some help to the Council. If you have any questions, you can reach me at 853 -0907. REFERRED TO THE COMMITTEE ON BUDGET. NO. 64 INFO. -BFLO. FISCAL STABILITY AUTHORITY RESOLUTION I am in receipt of Councilmember Bonifacio's correspondence regarding questions raised by the Buffalo Fiscal Stability Authority ( "BFSA ") Resolution 04 -23. Though I presume the Council would take its primary advice from the Corporation Counsel's office, I will offer my thoughts on the issues that have been raised. In response to the first point regarding what action may be required by the Buffalo Common Council relating to Resolution 04 -23, 1 find that no action is required. The BFSA came to the Council to open up the lines of communication between our two bodies. We wanted to introduce the Council to Dorothy Johnson, the Executive Director of the BFSA and inform them about the legislative amendments to the BFSA Act that are being proposed. At this time, no action by the Council is contemplated or expected. Unless the New York State Legislature specifically requests some expression from the Council, the BFSA Act can be amended by the Legislature without a vote by the Council. The second point goes to how Resolution 04 -23 will change the powers of the BFSA. Allow me to clarify that these amendments do not change the powers of the BFSA. The BFSA Act already empowers the BFSA to do deficit borrowing on behalf of the City, the School District and any Covered Organizations as defined by the BFSA Act. These technical amendments facilitate how the BFSA can help the City and the School District; they are not changing the power or structure of the BFSA. The third question asks whether a referendum is required if the amendments are approved. The answer is clearly no. First, these amendments do not diminish the power of the City Comptroller, who retains the ability to borrow for the City. Second, the need for a mandatory referendum is triggered by the enactment of a local law which covers a topic enumerated in the Municipal Home Rule Law. In this instance, there is no such action that would require a referendum. Senator Stachowski Finally, there is a concern that the amendments to the BFSA Act will have an adverse effect on the City's debt incurring and property taxing ability. There is no real evidence that these amendments would have an adverse effect on the City. The City is already rated at the lowest investment grade. If anything, the creation of the BFSA has stabilized the City in the credit market. The BFSA Act specifically created the BFSA to have a credit structure that would help the City save on borrowing costs. The intent of the New York State Legislature was to create a benefit for the City. Neither the original BFSA Act nor these proposed amendments are meant to negatively impair the powers of the City. Thank you for giving me this opportunity to respond to these questions. I hope this will be of some help to the Council. Regretfully, I will not be able to attend the March 11, 2004 Budget Committee meeting. If you have any questions, I can be reached at 853 -0907. REFERRED TO THE COMMITTEE ON BUDGET. NO. 66 STACHOWSKI LOOKS TO HEVEST FOR WATER BOARD AUDIT The Buffalo Water Board's latest effort to hike the rates paid by city residents for their water has ignited a fire under one Buffalonian who has called upon NYS Comptroller Alan Hevesi to investigate the Board's actions. That city resident is State Senator Bill Stachowski, who today faxed a letter to the Comptroller asking for an audit of the Board. "Although I represent both South Buffalo and the West Side of Buffalo, I also live in the Kaisertown section of Buffalo" Stachowski said. "I'm paying these very same rates as everybody else, and I think somebody needs to come in and look over the Board's books." in the letter the Senator faxed to the Comptroller, he points out that rates will have been hiked three times in the last year if the new increase is approved. In asking for the audit, Stachowski said he'd like to see Hevesi's staff look at the necessity for the increases; the number and amount of bills that go unpaid; the cost associated with the conversion from a flat -rate to a metered system; and the effects that the "privatization" of the water system have had on rates and delivery of service. "We all know the fiscal condition of the city is very precarious, and the burden placed on taxpayers is very difficult" the Senator explained, "But the bills that we're paying for water are simply outrageous when you look at what suburban residents are paying to the Erie County Water Authority. I'm h0PCf41 the Comptroller will heed my call and determine the true need of any increases -- past, present, and future." REFERRED TO THE COMMITTEE ON FINANCE. PETITIONS NO. 66 N. KOTRIDES, OWNER, USE 1435 HERTEL AVENUE FOR A 2 STORY MASONRY /STRUCTURAL STEEL SIT -IN RESTAURANT W.PARKING (HRG. 3/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 67 V. SEMERARO, OWNER, USE 1292 HERTEL AVENUE FOR A SIDEWALK CAFE EXTENSION. (HRG. 3/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 68 J. PEZZINO, AGENT, USE 1456 AKA 1458 HERTEL SIDEWALK PATIO (HRG. 3/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 69 D. MALIS, AGT, USE 590 AKA 592 AMHERST ST. -HUMAN SERVICES FACILITY (PHONE #693 -9222) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNINGBOARD AND CORPORATION COUNSEL. NO. 70 R. SANTORO, AGT, USE 525 GRIDER- GROUND SIGN (PHONE #895 -8875) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 71 P. ROWELL, JR., AGT, USE 283 MAIN - PROJECTING SIGN & WALL LETTERING The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 72 W. MCGUIRE - AFSCME LOC. #264- QUESTIONS- MAYOR'S FOUR YEAR PLAN (#66,10/14) (TAYLOR LAW) (CCP #146 -JAN. 20, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 73 HEALTH CARE RATING (CCP# 132 -JAN. 20, 04) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 74 HEALTH CARE RATING (A &F) (CCP #24 -FEB. 3, 04) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 75 HEALTH CARE RATING (HR) (CCP #28 -FEB. 3, 04) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 76 APPOINTMENT LABORER II (INTER) (PW) (ITEM NO. 26- C.C.P. MAR. 2, 2004) That Communication 26, March 2, 2004 be received and filed and the permanent appointment of Dominic T. LoVallo stated above at the intermediate salary of $27,038.40 effective on February 18, 2004 is hereby approved. PASSED AYES -8. NOES -0. NO. 77 APPOINTMENT LABORER I (MAX) (PW) (ITEM NO. 27- C.C.P. MAR. 2, 2004) That Communication 27, March 2, 2004 be received and filed and the permanent appointment of Carmen T. Pace stated above at the maximum salary of $25,529.28 effective on February 24, 2004 is hereby approved. PASSED AYES -8. NOES -0. NO. 78 APPOINTMENT SUPV. OF STREET SANITATION (INTER) (PW) (ITEM NO. 28- C.C.P. MAR. 2, 2004) That Communication 28, March 2, 2004 be received and filed and the permanent promotion of Michael Driscoll, Jr. stated above at the intermediate salary of $32,191 effective on February 13, 2004 is hereby approved. PASSED AYES -8. NOES -0. NO. 79 APPTS. - DETECTIVE (MAX) (POL) (CCP #3 0 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 80 APPT.- DETECTIVE (MAX) (POL) (CCP #31 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 APPT.- BATTALION CHIEF (MAX) (FIRE) (CCP #32 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 NOTICES OF APPT. - TEMP. /PROV. /PERM. (C. CLK.) (CCP #47 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 83 RESULTS NEG. -372 HICKORY (STRAT. PLAN.) (CCP #9 -OCT. 28, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 CERT. OF NEC. -BLDG. (COMPT.) (CCP #12 -MAR. 4,04) That the above item be and the same hereby is received and filed. ADOPTED NO. 85 EXAMINE OPPORTUNITIES TO ENHANCE REVENUES (CCP #152 -NOV. 25, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 AUDIT OF UTILITY BILLS FOR COB (CCP #146 -APR. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 AUDIT OF UTILITY BILLS (PW) (CCP# 17 -DEC. 9, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 AUDIT OF UTILITY BILLS (PW) (CCP #12 -FEB. 17, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE (COMPT.) (CCP #4 -FEB. 3, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 ABATEMENT OF INVOICES FROM MUNIS (A &F) (CCP #35 -MAR. 2,04) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 EMERGENCY ORDERS - PLOW BLADES, CUTTING EDGES,GUARDS (ITEM NO. 3 8, C. C. P., MAR. 2, 2004) That the Comptroller be, and he hereby is authorized to process invoices for payment on purchase orders # 15005009, 150050 10 and 15005006. PASSED AYES -8 NOES -0 NO. 92 PARKING METER ADVERTISING AGREEMENT ( #25,2/17) (LAW) (CCP #65 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 SELLING OF SURPLUS SHELVING (ITEM NO. 43, C.C.P., MAR. 2, 2004) That the City Clerk be, and he hereby is authorized to sell surplus shelving to the highest responsible bidder. PASSED AYES -8 NOES -0 NO. 94 WATER INCREASE CREDIT (CCP #136 -JAN. 20, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 WATER RATE INCREASE (PW) (CCP #20 -FEB. 3, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 RES. NEG.- 181, 185, 187 BENNETT & 279 & 293 BROADWAY (11,9 /2)(STRAT. PLAN) (CCP #99 -SEPT. 16, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 CHANGE IN CONTRACT - PARKSIDE LODGE ROOF REPLACEMENT (ITEM NO. 20, C.C.P., MAR. 2, 2004) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Ferraina Construction, a decrease in the amount of $2,565.80, as more fully described in the above communication, for work relating to Job No.9873,C #91973200. Funds for this project are to be credited to 31934106 445100 - Division of Buildings. PASSED AYES -8 NOES -0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 98 S. CURTIN, PETITION TO USE 3149 MAIN STREET - OUTDOOR PATIO (ITEM NO. 5 6, C. C - P., MAR. 2, 2 004) That after the public hearing before the Committee on Legislation on March 9, 2004, the petition of S. Cur -tin, agent, for permission to use 3149 Main Street for an outdoor patio be, and hereby is approved. PASSED AYES -8 NOES -0 NO. 99 D. PEALZGRAF JR,, PETITION TO USE 500 CARLTON - POLE SIGN (ITEM NO. 22, C.C.P., JAN. 6, 2004) That after the public hearing before the Committee on Legislation on January 13, 2004, the petition of D. Pealzgraf, Jr., agent, for permission to use 500 Carlton Street for a pole sign be, and hereby is approved. PASSED AYES -8 NOES -0 NO. 100 W. GLAIR -REQ. RENAME E. LOVEJOY PUB. FAC. IN MEM. OF MR. WILLIAM E. MADDEN (HRG) (CCP #70 -JUNE 24,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 STOP NEW YORK CITY GARBAGE (CCP #125 -MAR. 4,04) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 R. FONTANA -W. BERRY, ETC. INC. TASK FORCE -HUM. SVS. FAC. USE PENN. ORD. (CCP439 -FEB. 3, 04) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 ORD. AMEND.- CHAPTER 175 - FEES - VARIOUS ( #135,11/25) (HRG. 12/2) (CCP #103 -DEC. 9, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 BOARD OF TRUSTEES FOR THE CITY OF BUFFALO LIBRARIES (ITEM NO. 109, C.C.P., MAR. 2, 2004) That the City of Buffalo Common Council does hereby support and strongly encourage the forming of a Board of Trustees for the 15 City of Buffalo Libraries within the Buffalo & Erie County Public Library System. ADOPTED R. FONTANA -V. WOJCIK- CHANGE OF FELIX ST TO ONE WAY TRAFFIC (CCP #60 -DEC. 23, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 ALTERNATIVE PARKING ON IRVING PLACE (ITEM NO. 105, C.C.P., MAR. 2, 2004) That this Common Council request that the Department of Public Works install alternative parking signs on Irving Place; and That the Department of Public Works inform the Common Council of the time frame expected for the installation of the alternative parking signs. ADOPTED NO. 107 ALTERNATIVE PARKING ON WEST AVENUE (ITEM NO. 106, C.C.P., MAR. 2, 2004) That this Common Council request that the Department of Public Works install alternative parking signs on West Avenue; and That the Department of Public Works inform the Common Council of the time frame expected for the installation of the alternative parking signs. ADOPTED NO. 108 NOTIF SERIAL #9923 (PW) (ELLICOTT) (CCP #11 -FEB. 17,04) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 UTILITY EASEMENT AGREEMENT - 79 PADEREWSKI (ITEM NO. 11, C.C.P., MAR. 2, 2004) That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an utility easement between the City of Buffalo and Niagara Mohawk Power Corporation for use of city -owned property located at 79 Paderewski (a.k.a. 212 Stanton) School No. 3 1. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary easement agreement and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 110 LEASE - CAZENOVIA PARK SHELTER HOUSE (ITEM NO. 2, C.C.P., MAR. 2, 2004) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the City and South Buffalo Alive, for use of a portion of the Cazenovia Park Shelter House for a three (3) year term commencing on March 1, 2004 and expiring on February 28, 2007. That the Corporation Counsel be authorized to prepare the necessary lease, including 101WN111.1 the above terms and conditions, and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 NO. 111 RESCIND AUCTION SALE - 306 CARLTON (ITEM NO. 5, C.C.P., MAR. 2, 2004) That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 306 Carlton, to forfeit the deposit in the amount of one hundred and forty dollars ($140.00) and to return the property to inventory for resale. Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and the remaining balance will be deposited in the City's General Fund - Sale of In -Rem Property. ADOPTED NO. 112 RESULTS OF NEGOTIATIONS - 376 CARLTON (ITEM NO. 6, C.C.P., MAR. 2, 2004) That the offer from Mrs. Chaddle A. Sales, residing at 374 Carlton Street, in the sum of one thousand dollars (S 1,000.00) for the purchase of 376 Carlton Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -8 NOES -0 NO. 113 RESULTS OF NEGOTIATIONS - 278 NORTHLAND AVENUE (ITEM NO. 7, C.C.P., MAR. 2, 2004) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the offer from Mr, Gary B. Jones, residing at 65 Ames Avenue, Tonawanda in the sum of four thousand dollars ($4,000.00) for the purchase of 278 Northland 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 -8 NOES -0 NO. 114 TRANSFER OF TITLE - 169 LAUREL STREET (ITEM NO. 8, C.C.P., MAR. 2, 2004) 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. NO. 115 TRANSFER OF TITLE - 120 ROSE STREET (ITEM NO. 9, C.C.P., MAR. 2, 2004) 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. NO. 116 WALL ST. JOURNAL-"IN SEOUL, A SPLASH OF THE PAST" (CCP #5 5 -MAR. 2, 04) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 117 BY: MR. BONIFACIO ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 413, Streets and Sidewalks § 413 -67, encroachments Other street closings I block $25.00 per day Each successive block $15.00 per day It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets {) to be deleted; matter underlined is new REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 118 SPONSOR: MR. COPPOLA CHANGES TO PARKING METER LEGENDS Whereas: At the Common Council meeting held on Tuesday, June 27, 2000, the Common Council approved an amendment that Chapter 479, Section 33, Subsection 16 of the City of Buffalo Traffic Ordinance be modified to reflect that the Division of Parking Enforcement adjusts the required paying period for Buffalo's parking meters from the 8 -00 AM to 6 -00 PM to 8 -00 AM to 5:00 PK and Whereas: That Chapter 479, Section 33, Subsection 16 of the City of Buffalo Traffic Ordinance was modified to reflect this change and currently reads, "Unless the council shall by resolution provide otherwise, the hours during which parking meters shall be in use shall be from 8 -00 AM to 5 -00 PM, except Sundays and the following legal holidays- New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day," and Whereas- It has been almost four years since the ordinance change and this change has still not been reflected on the legends on many parking meters throughout the city; and Whereas: All parking meters in the City of Buffalo, which this ordinance applies to, should have their legends updated to reflect the change. Therefor Be It Resolved - That the Director of Parking Enforcement file with the Common Council his plan to change the legends on each of the parking meters so that they reflect Chapter 479, Section 33, Subsection 16 of the City of Buffalo Traffic Ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF PARKING ENFORCEMENT, AND CORPORATION COUNSEL. NO. 119 BY: MR. COPPOLA CHANGES TO THE CITY OF BUFFALO ANNUAL BUDGETFORMAT Whereas: The Mayor is required to submit to the Common Council, an annual recommended budget for the City of Buffalo, no later than the first day of May each year; Whereas: One of the primary responsibilities of the Common Council pursuant to the City's Charter is to approve the City's annual operating budget; Whereas: Given the City's current financial condition, and the need for the Common Council to make many tough decisions regarding staffing and the related operating appropriations within a relatively short period of time; Whereas: Changes to the information currently presented in the Mayor's Budget Recommendations would provide a truer cost of providing services, would be beneficial to all readers, and would improve the Common Council's review and approval process; Now, Therefore Be It Resolved: That this Common Council hereby requests of the Division of the Budget to include the following information in a columnar format when submitting the Mayor's 2004 -05 Recommended Budget: The Prior two completed fiscal year's revenues, resources and expenditures (actual expenditures plus encumbrances) at June 30 The Current Fiscal years Original Council adopted budget The Current Fiscal years Revised (current with changes) budget as of March 31 The Current Fiscal years expenditures (expenditures plus encumbrances) through March 31 The Mayors Recommended Budget for July I through June 30 A new summary /rollup of General Fund revenue, resource and appropriation object codes. Revenue, resource and appropriation object codes should be listed serially, together with the sum of the amounts allocated to the respective departments /functions within the Mayor's General Fund Recommended budget. The respective fringe benefit object codes /amounts previously listed under headings 73 -1801 through 72 -1806 General (City) Charges - Fringe Benefits, within each department /function under the heading personal services. Tills improvement would end the long- standing practice of listing certain fringes benefit costs as General (City) Charges and instead list them within each cost center on a pro -rata basis. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANACE NO. 120 SPONSOR: MR. COPPOLA EXCUSE COUNCILLMEMBER DAVIS Whereas: Councilmember Brian Davis %till be unable to attend the Common Council meeting scheduled for Tuesday, March 16, 2004. Therefore Be It Resolved: That this Common Council excuses Councilmember Brian Davis from attending the meeting that will be held on Tuesday, March 16, 2004. ADOPTED NO. 121 SPONSOR: MR. COPPOLA GRANT PERMISSION FOR WESTMINSTER PRESBYTERIAN CHURCH TO HANG BANNERS IN CELEBRATION OF THEIR 150TH ANNIVERSARY Whereas: The Westminster Presbyterian Church will be celebrating their 150 th Anniversary this year; and Whereas: They have requested permission to a hang banners on city owned light poles #718 and #733 on Delaware Avenue; and Whereas: The Westminster Presbyterian Church would like to display these banners from April 1, 2004 until December 31, 2004; and Whereas: The Westminster Presbyterian Church has been in contact with the City of Buffalo's Traffic Engineering Department and understands all the requirements necessary for proper installation of the banners. Now Therefore Be It Resolved: This Common Council supports the Westminster Presbyterian Church in its endeavor, and subject to the conditions set forth by the Department of Public Works, Parks, & Streets, grants them permission to hang banners on city owned light poles #718 and #733 on Delaware Avenue from April 1, 2004 until December 31, 2004. PASSED AYES -8 NOES -0 NO. 122 BY: MR. COPPOLA NYS EMPIRE ZONE - REVISION TO BOUNDARY DESCRIPTION WHEREAS, the New York State Economic Development Zone (Economic Development Zone) program was created in 1987, to encourage business development in designated areas by offering targeted incentives and benefits to new and expanding businesses in New York State -, and WHEREAS, on May 15, 2000, the program, New York State amended the program benefits under the "EMPIRE Zones Program Act" to entitle business enterprises a credit for eligible real property taxes and a tax reduction credit against their business and personal income taxes; and WHEREAS, on January 1, 2002, the City of Buffalo was awarded a SECOND New York State Empire Zone; and WHEREAS, companies that move to or expand in Empire Zones are eligible for wage and investment tax credits, sales tax refunds, real property tax credits, and utility discounts; and WHEREAS, Empire Zones also provide benefits relative to building market rate housing in the Home Ownership Zone; and WHEREAS, the Buffalo Economic Renaissance Corporation (BERC) is the designated City agency, responsible for the overall supervision of the City of Buffalo's EMPIRE ZONE operations; and WHEREAS, there are various grants and programs administered by the City of Buffalo departments, and although the monetary amounts are small in comparison to the benefits of the Empire Zone designation, all require grant recipients to be current in all City of Buffalo property taxes relating to operating a business in the City of Buffalo; and WHEREAS, the boundaries of the Empire Zone are cohesive with the strategic areas set by the City of Buffalo's Comprehensive Plan, as authored by the City of Buffalo's Office of Strategic Planning; NOW, THEREFORE, be it resolved: 1.That the City of Buffalo requests a boundary revision for its second designated Empire Zone from the New York State Department of Economic Development to: A. The City would like to add a total of 288 acres of land to the Empire Zone. (See attached map.) B. The City would like to delete a total of 434 acres of residential parcels, parking lots, public parks, and various vacant properties from the Empire Zone. (See attached map.) 2. The at, if the boundary revision is approved by the New York State Department of Economic Development, that Subpart 2 of Section 281, article 14 of the Charter of the City of Buffalo be hereby amended as per the attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 123 SPONSOR: MR. COPPOLA VARIOUS PUBLICATION BOXES ON CITY RIGHT -OF -WAY Whereas: Throughout the city there are various publication boxes (i.e. newspaper, real estate, and auto publications, etc.) that are located on city sidewalks; and Whereas: Prior to placing anything in the city right -of -way, the city requires a permit; and Whereas: Prior to obtaining said permit the City of Buffalo Department of Public Works reserves the right to review any requests and make recommendations, resulting in the approval or disapproval of the application; and Whereas: This right -of -way policy does not currently apply to the above mentioned boxes, therefore, creating an unregulated and sometimes disorderly placement of such boxes throughout the city's commercial areas; and Whereas: While these boxes may create business opportunities for the owners and operators of said businesses, as well as a convenience for their clientele, they can also cause an unsafe condition by blocking the view from motorists as well as taking -up too much space on a city sidewalks; and Whereas: The city should have a policy that deals with these types of placements that is consistent with other city right -of -way policies. Now Therefore Be It resolved: That the Commissioner of the Department of Public Works, Parks and Streets file a response with the Common Council outlining the policy regarding the placement above mentioned items; and Be It further resolved: That the Commissioner of the Department of Public Works, Parks, and Streets also conduct a survey that details where these boxes are placed and include in the survey whether or not they obstruct the view of motorist at intersections or cause any unsafe conditions REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, AND COMMISSIONER OF PERMITS AND INSPECTIONS. NO. 124 SPONSORS: MR. COPPOLA, MR. DAVIS WATER RATE INCREASES Whereas: The City of Buffalo Water Board has increased water rates three times in the past year, and these increases have increased customers' water bills an average of 38 %; and Whereas: Although the newest increase does not take effect until July 1, 2004, some customers will see the new rate used against their water consumption beginning in April of 2004, and Whereas: To raise water rates three times in a one year period seems like a lack of foresight by the Water Board, who should have some estimate of needed revenues for the upcoming year, and from those projections be able to come up with an increase to cover the whole year; and Whereas: Many customers, especially businesses and senior citizens, budget money for water each year, and increasing rates three times a year makes it very hard to project their budgets for the upcoming year. Now Therefore Be It Resolved: That this Common Council requests that the chairperson of the Buffalo Water Board attend the Finance Committee meeting that will be held on March 23, 2004 at 10:00 AM in Council Chambers to discuss these recent water rate increases. Marc A. Coppola Brian C. Davis REFERRED TO THE COMMITTEE ON FINANCE NO. 125 BY: MR. DAVIS: BOND RESOLUTION OIL TANK IMPROVEMENTS VARIOUS SCHOOLS ACCOUNT 3998 -970 1,200,000 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,200,000 School Bonds of said City to finance the cost of oil tank improvements for various school buildings in the City, at the estimated maximum cost of $1,200,000. 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 Eric, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of One Million Two Hundred Thousand Dollars (S 1,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of oil tank improvements for various school buildings in the City, including replacement of oil tanks and conversion of oil tanks from No. 6 fuel oil to No. 2 fuel oil. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,200,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Oil Tank Replacement /Conversion Various Schools, 2004 ", Bond Authorization Account No. 3998 -970, and shall be used for the class of objects or purposes specified in Section I of this resolution. . Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Rcsolution, in the maximum amount of $1,200,000, This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90. 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 resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. Of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 5 2.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or C. Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES -8 NOES -0 10 I BY: MR. DAVIS: BOND RESOLUTION RECONSTRUCTION OF TWO FIRE STATIONS ACCOUNT 3000 -320 2,000,000 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $2,000,000 General Improvement Bonds of said City to finance the cost of land acquisition and partial reconstruction of two fire stations located at 2833 Main Street and 497 Southside /1731 -1733 Seneca Street, at the estimated total cost of $2,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of two existing fire stations consisting of (a) partial reconstruction and construction of an addition to Engine 34 located at 2833 Main Street, at the estimated cost of $ 1,000,000 and (b) acquisition of two land parcels and reconstruction of the existing building thereon, located at 497 Southside and 1731 -33 Seneca Street, at the estimated cost of S 1,000,000. The estimated total cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Two Fire Stations, 2004, Bond Authorization Account No. 3000 -320, and shall be used for the specific objects or purposes specified in Section I of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $2,000,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings to be partially reconstructed are of at least Class "B" construction, as defined by Section 11.00 a. 11.(b) of the Law. The period of probable usefulness for the specific objects or purposes for which said bonds herein are authorized are to be issued in Section 1 (a) and (b) above, within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15) years (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9- of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution Introduced:. LAID ON THE TABLE AYES — COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 7 NOES — BONIFACIO - 1 NO. 127 BY: MR. DAVIS: BOND RESOLUTION NEW FIRE STATION - BAILEY & GENESEE ACCOUNT 3000 -320 2,200,000 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $2,200,000 General Improvement Bonds of said City to finance the cost of land acquisition and construction at 2044 Bailey Avenue of a new fire station, at the estimated maximum cost of $2,200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Two Hundred Thousand Dollars ($2,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of the one acre parcel of land located at 2044 Bailey Avenue and construction on such site of a new fire station. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,200,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "New Fire Station - Bailey & Genesee, 2004, Bond Authorization Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section I of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $2,200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be constructed is of at least Class "B" construction, as defined by Section 11.00 a. I I (b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued is twenty -five (25) 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 resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. Of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes, Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES - 8 NOES — 0 NO. 128 BY: MR. DAVIS: BOND RESOLUTION CITY HALL RESTORATION ACCOUNT 3000 -320 2,500,000 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $2,500,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of City Hall, at the estimated total cost of $2,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of City Hall, including interior and exterior restoration. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, of 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 Public Works, Division of Buildings, "City Hall Restoration, 2004, Bond Authorization Account No. 3000 -320, and shall be used for the specific object or purpose specified in Section I of this resolution .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $2,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution of any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES -8 NOES -0 NO. 129 BY: MR. DAVIS: BOND RESOLUTION RECONSTRUCTION VARIOUS SCHOOLS ACCOUNT 3998 -970 3,500,000 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $3,500,000 School Bonds of said City to finance the cost of partial reconstruction of various school buildings in the City, at the estimated maximum cost of $3,500,000. The Common Council of the City of Buffalo, in the County of Eric, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of Three Million Five Hundred Thousand Dollars ($3,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various school buildings in the City, including but not limited to roof reconstruction, masonry reconstruction, and handicapped access improvements,. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,500,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Reconstruction Various Schools, 2004 ", Bond Authorization Account No. 3998 -970, and shall be used for the class of objects or purposes specified in Section I of this resolution .Section3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $3,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a. I I (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 11(a)(1) of the Law, is twenty -five (25) 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 resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES -8 NOES -0 NO. 130 BY: MR. DAVIS: BOND RESOLUTION CONSTRUCTION JEFFERSON LIBRARY ACCOUNT 3000 -210 4,660,000 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, in addition to the $4,650,000 bonds previously authorized, to finance the completion of the construction of a new 'Hub' library building at Jefferson Ave. and Utica St. in the Masten District, in the City, at the estimated maximum cost of $5,150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), in addition to the S 1,700,000 bonds previously authorized by Bond Resolution Item No. 200 duly adopted by the Common Council on June 27, 2002, the $1,200,000 bonds previously authorized by Bond Resolution Item No. 261 duly adopted by the Common Council on July 27, 1999, the $750,000 bonds previously authorized by Bond Resolution Item No. 302 duly adopted by the Common Council on September 8, 1998, and the $1,000,000 bonds previously authorized by Bond Resolution Item No. 191 duly adopted by the Common Council on June 9, 1998 to finance the cost of the construction of a new 'Hub' library building at Jefferson Ave. and Utica St. in the Masten District, in the City The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $5,150,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Construction Jefferson Avenue Library, 2004, Bond Authorization Account No. 3000 -2 10, and shall be used for the specific object or purpose specified in Section I of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be constructed is of at least Class "B" construction, as defined by Section 11.00 a. I I(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued is twenty -five (25) 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 resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, Of (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. No. 131 Bond Resolution Fire Apparatus Acquisition Account 3000 -210 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $5,500,000 General Improvement Bonds of said City to finance the cost of acquisition of firefighting apparatus for the Fire Department, at the estimated total cost of $5,500,000, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Million Five Hundred Thousand Dollars ($5,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of firefighting apparatus for the Fire Department, including six new Class "A" Pumper Trucks and three Ladder Trucks, one Platform Truck, two Suburban Chiefs rigs. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $5,500,000 as set forth in the duly adopted 2004 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Fire Apparatus Acquisition- 2004 ", Bond Authorization Account No. 30002 10, and shall be used for the class of objects or purposes specified in Section I of this resolution, Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes 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 $5,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 27 of the Law, is twenty (20) 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 resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES -8 NOES -0 NO. 132 RESOLUTION By: Mr. Davis Re: Discharge Items from the Fruitbelt Redevelopment Plan Special Committee - Whereas: No 127, CCP Mar 18, 2003, "H. Taylor -Fruit Belt /Med. Corridor -Tax Incre. Fin. Dist. Rpt.( #24,3/19) (Assess/Tax);" No 128, CCP Mar 18, 2003, "H. Taylor -Fruit Belt /Med. Corridor -Tax Incre. Fin. Dist. Rpt( #83,3/5); ' No 129, CCP Mar 18, 2003, "H. Taylor -Ctr. For Urb. Stud. - Revital. Fruit Belt /Bflo. Niag.Med. Campus ( #29,12/26) (CP);" No 102, CCP Nov 25, 2003, "Transfer of Title -UHP -1 10 Locust ( #159,9/16)( #15,5/27) (Strat. Plan.) ;" No 103, CCP Nov 2 5, 2003, "Transfer of Title -UHP- 110 Locust St. (# 160,9/16) ( #16,5 /27)(Strat. Plan.) ;" No 104, CCP Nov 25, 2003, "Transfer of Title -UHP -303 Maple St. ( #161,9/16) ( #125,6/10) ( #6,4/29) (Strat. Plan.) ;" No 105, CCP Nov 25, 2003, "Transfer of Title -UHP -113 Mulberry ( #162,9/16) ( #126,6/10)( #I 56,4/15)( #I 13,3/4)( #I 8,2 /18)(Strat. Plan.) ;" No 146, CCP Dec 9, 2003, "Transfer of Title -UHP- 145 Locust (# 15,11/2 5)(Strat. Plan) ;" No 162, CCP Dec 9, 2003, "B. Davis -C. Trotter & O -Req. City Trim Trees, etc.- FruitBelt Neighborhood ( #97,4/1);' No 163, CCP Dec 9, 2003, "B. Davis -C. Trotter & O- Trees -Fruit Belt Neighborhood ( #12,4/29) (PW); 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 Fruitbelt Redevelopment Plan Special Committee from further consideration of the above items and said items are now before the Council. REFERRED TO THE COMMITTEE COMMUNITY DEVELOPMENT NO. 133 RESOLUTION By: Mr. Davis Re: Discharge from the Fruitbelt Redevelopment Plan Special Committee - No 101, CCP Nov 26, 2003, "Transfer of TitleUHP -194 Locust( #169, 09/16)( #124 6/10)(112 3/4)(# 104 2/4) ( #17,1 /21)(Strat. Plan.)" Whereas: No101, CCP Nov 25, 2003, "Transfer of Title -UHP -194 Locust( #159, 09/16)( #124, 6/10)(112, 3/4)(# 104, 2/4) (# 17,1/2 1)(Strat. Plan.) ;" 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 Fruitbelt Redevelopment Plan Special Committee from further consideration of No 101, CCP Nov 25, 2003, "Transfer of Title -UHP -194 Locust( #159, 09/16)( #124, 6/10)(112, 1/4)( #104, 2/4) ( #17,1 /21)(Strat. Plan.)" and said item is now before the Council. NO. 134 RESOLUTION Sponsor: Brian C. Davis Subject: Buffalo Police Department and the Department of Probation study a joint strategy against youth crime. Whereas: In the City of Buffalo a large quantity of criminal activity by youths and crimes committed again youths are reaching epidemic levels; and Whereas: In 2002, 1,3 56 crimes were committed by individuals under the age of 18; and Whereas: Research has shown many young people who are likely to commit or become victims of violence already have a criminal record and may be under the supervision of the Department of Probation; and Whereas: Informing a youth of the consequences of violence from a probation officer may deter a young probationer who may be violating his /her term of probation; and Whereas: The Buffalo Police Department may be able to assist probation officers with the mobility in locating possible probation violators. In addition, probation officers can assist police officers in identifying youth who are in fact violating probation; and Whereas: "The November 21, 1996 issue of The New York Times contained an article entitled "In Boston, Nothing Is Something," which reviewed police department tactics credited with preventing youth homicides in that city "; and Whereas: "The article reported that, in 1992, Boston began an innovative approach to reducing youth crime, the cornerstone of which is joint patrols by police and probation officers, called Operation: "Nite Lite and Whereas: The program consists of police officers in the Anti -Gang Violence Unit ride in cruisers with probation officers "to actively seek out and check on probationers for violating area restrictions and curfew limitations "; and Whereas: A probation officer is more familiar with probationers and their restrictions, and do not require "probable cause" to check on a probationer, youth offenders tend to be more afraid of a probation officer than they are of the police, thereby reducing the likelihood of repeat offenses; and Whereas: According to the program description, this pairing of the police and probation officer conveys "a sense of omnipresence" because it "has created the belief among probationers that everyone of them is subject to being checked at any time "; and Whereas: "According to the article, Harvard researchers found that, of the Boston homicide victims 21 and under who were killed by a gun or knife by offenders 21 and under from 1991 thru 1995, 75 percent of both victims and offenders had already been arraigned in court at least once; almost 50 percent had previously been on probation; and about 33 percent had been incarcerated in a juvenile or adult prison "; and Whereas: This approach by the City of Boston is credited with contributing to the major drop in homicides of children under 17 by handguns, from 10 in 1990, to zero in the first 10 months of 1996; and Whereas: Since the conception of this tactic, three times more youth have been picked up for probation violations and compliance rates, with court- ordered conditions of probation, have risen to an average of 70 percent in 1996 from about 15 percent in 1992. Now Therefore, Be It Resolved: That the Buffalo Police Department and the Department of Probation study a joint strategy against youth crime, which includes joint patrols, based on the model used in Boston, Massachusetts. Be it Finally Resolved: That the City Clerk be directed to forward certified copies of this Resolution to the following: New York State Delegation, Commissioner Rocco Diina - Buffalo Police Department, Sheriff Patrick Gallivan - Eric County Sheriffs Department, George B. Alexander - Director of Probation, Joel Giambra - Erie County Executive, Erie County Legislature, and the Erie County Probation Office. ADOPTED NO. 135 Resolution By: Brian C. Davis, Ellicott District Re: Permission to hang banner's along Niagara Street Whereas: The Latino Business Owners Association is requesting permission to install pole attachments and banners along Niagara Street between Maryland Street and Porter Avenue; and Whereas: The Latino Business Owners Association has worked hard in locating the means to purchase the banners, welcoming individuals visiting the Queen City; and Whereas: Through all there hard work and dedication the Latino Business Owners Association has proven to be a prominent association with the communities interest at heart. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grant permission to the Latino Business Owners Association to install pole attachments and banners to advertise the Gate Way to the City of Buffalo; and Be It Finally Resolved: That the banners meet the legal specifications set forth by the Department of Public Works. PASSED AYES -8 NOES -0 NO. 136 RESOLUTION Sponsor: Brian C. Davis Subject: Prosecuting Gun Cases as Federal Crimes Whereas: Cognizant of the reoccurring gun violence in the City of Buffalo; and Whereas: Nearly 80 people a day die in the U.S. from gun related suicides, homicides, and unintentional injuries, according to the Join Together Organization; and Whereas: Each year, approximately 30,000 Americans are killed by guns, while countless others suffer from the loss of a loved one. The U.S. is the world leader in firearm homicides far outpacing all other industrialized countries. In 1996, 30 people were killed with handguns in Great Britain, 106 in Canada, 211 in Germany, and 15 in Japan. In the U.S. 9,390 died this way; and Whereas: Many of the victims of American gun violence have been children as well. A recent study by the Centers for Disease Control shows that American children are nearly 12 times more likely to die from a gun injury than children in 25 other industrialized countries combined. They are times more likely to use a gun to commit suicide and 9 times more likely to die from an unintentional shooting; and Whereas: The City of Richmond, Virginia, in 1997, instituted a program called Project Exile, in which an individual carrying a gun may be subject to federal prosecution under federal gun laws that carry greater prison sentences than comparable state laws; and Whereas: As of August 1999, Project Exile led to 518 indictments, 358 convictions and the seizure of 611 guns, and the number of homicides in Richmond in 1998 dropped 33 percent from 1997 and the number of robberies fell 21 percent; and Whereas: Part of the campaign to get guns off the streets in Richmond included advertising Project Exile on business cards, billboards and city buses, with the message that "An illegal gun gets you 5 years in federal prison "; and Whereas: Project Exile has been successful and Former President William J. Clinton praised the program in a weekly radio commentary, saying it has reduced gun crime and taken serious criminals off the street; and Whereas: Other cities, such as Philadelphia, New Orleans, Oakland, and New York City, have introduced their own versions of Project Exile. Now, Therefore be it Resolved: That the Buffalo Common Council urges local and federal prosecuting authorities to consider the benefits of prosecuting gun cases as federal crimes and adopting such programs as have been found effective in cites across the U.S. Be it Finally Resolved: That the City Clerk be directed to forward certified copies of this Resolution to the following: the Western New York Federal Delegation, the New York State Delegation, Commissioner Rocco Diina - Buffalo Police Department, Sheriff Patrick Gallivan - Erie County Sheriffs Department, George B. Alexander - Director of Probation, Joel Giambra - Erie County Executive, and the Erie County Legislature. ADOPT FINAL RESOLVE THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 137 BY Brian Davis, District Councilmember REQUEST TO TRANSFER 938 ELLICOTT STREET WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of 358 Seventh Street and 938 Ellicott Street from the Buffalo Urban Renewal Agency to the City of Buffalo. WHEREAS, this parcel cannot be used for development. WHEREAS, the terms this transfer have been approved by the City of Buffalo Urban Renewal Agency, and WHEREAS, said request to transfer has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for their action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law. PASSED AYES -8 NOES -0 NO. 138 BY: COUNCIL MEMBER BRIAN C. DAVIS RE: SITE DESIGNATION GENESEE VILLAGE PROJECT AREA WHEREAS, the Office of Strategic Planning has recommended that the Genesee Village Project area, consisting of all that tract of land situated within the area generally bounded by the street right -of -ways of East Tupper Street on the north, Oak Street on the east, East Huron Street the south & Ellicott Street on the west, be designated for the elimination of existing signs of blight, slum and substandard conditions which tends to impair the sound growth and development of the municipality, and the Area be designated as appropriate for Urban Renewal treatment; and WHEREAS, the designation of said area will allow for the systematic, long term re- planning reinvestment and redevelopment of the area; and WHEREAS, the designation and redevelopment of said area will provide new economic development and job opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room 901 on February 24, 2004 at 8:00 a.m., at which the proposed site designation was presented and explained in detail, and those desiring to be heard were heard, WHEREAS, a public hearing upon the matter was held upon due notice before the Common Council of the City of Buffalo in Room 1308 City Hall on March 30, 2004, at 2:OOp.m., at which hearing the proposed Site Designation was presented and explained in detail, and those desiring t be heard were heard, NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify unqualified approval of the site designation of the above described Genesee Village as being of substandard conditions that impairs the growth and development of the area, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal L as being appropriate for Urban Renewal treatment; and BE IT FURTHER RESOLVED, that, the Coordinator of the Office of Strategic Planning is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the designated Genesee Village Project Area, as described above and that the draft Urban Renewal Plan be submitted to the Common Council for approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 139 BY: COUNCIL MEMBER BRIAN C. DAVIS SET PUBLIC HEARING - URBAN RENEWAL SITE DESIGNATION GENESEE VILLAGE PROJECT AREA WHEREAS, The Office of Strategic Planning has recommended that the Common Council of the C of Buffalo designated the Genesee Village Project area as being eligible and appropriate for Urbar Renewal treatment as defined in Subdivision 3 of Section 502 of Article 15 of the New York State General Municipal Law and has requested authorization to prepare such a plan; and WHEREAS, the City Planning Board, upon conducting a public hearing held on due notice, did consider said Site Designation and approved the proposed Urban Renewal Site Designation at its meeting of February 24, 2004 and did submit its report and unqualified recommendations respective said Site Designation to the City of Buffalo Common Council; NOW THEREFORE BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News and the City Record, no later than the 2nd day of March, 2004; and 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:OOp.m. in the Common Council Chambers on March 30, 2004. ADOPTED NO. 140 BY: MR. DAVIS TRANSFER OF FUNDS GENERAL CITY CHARGES STREET SANITATION That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $60,000 be and the same is hereby transferred from General City Charges and said sum is hereby reappropriated as set forth below: From: 17210006 - 442100 Gen'I City Charges - Refuse Disposal Services $60,00 To: 150500061- 443303 Street Sanitation Services $60,00 PASSED AYES — BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 7 NOES — FONTANA - 1 NO. 141 BY: Mr. Fontana AUDIT OF WATER SYSTEM WHEREAS: On December 4, 2003 the Buffalo Water Board approved a 22% plus increase effective January 1, 2004; and WHEREAS: The City of Buffalo residents were upset and angry when they received their quarterly bills; and WHEREAS: The Water Board now wants another 4% increase effective July 1, 2004, even though it has been less than 6 months; WHEREAS: This will be the 3 d increase in less than a year, making the total increase to date more than 38% since last summer; and WHEREAS: Many residents, earned afford this increase and it will place an undue financial hardship on them; and NOW THEREFORE BE IT RESOLVED THAT: This Honorable Body requests a complete financial and performance audit of the Water System to be done by the City Comptroller's office in an effort to assess where any dollar savings can be found to lessen or prevent any future increases. BE IT FURTHER RESOLVED THAT: Copies of this resolution be sent to the Water Board, City of Buffalo Comptroller Andrew SanFilippo and the Media. ADOPTED NO. 142 By: Mr. Fontana BAILEY AVENUE REDEVELOPMENT TASK FORCE Whereas: Bailey Avenue is one of Buffalo's longest streets with a mixture of residential and commercial uses; and, Whereas: Throughout the 1920's and continuing through the 1980's, Bailey Avenue was dominated by automobile dealers selling both new and used vehicles; and, Whereas: The route was home to many manufacturing businesses as well, some of which are still in existence today; and, Whereas: Bailey Avenue continues to serve as the City's main north and south connector; and, Whereas: Residents and visitors alike use Bailey Avenue when visiting our City; and, Whereas: The current condition of Bailey Avenue has not changed much over the past fifteen years. Though the condition of the housing stock in certain blocks is depressed, businesses continue to flourish in certain sections of the street; and, Whereas: In an attempt to rectify problems and plan for the future, a committee to focus on Bailey Avenue should be formed; and, The committee could meet monthly, with members focusing on things including, Whereas: The Committee could meeting monthly with members focusing on things including but not limited to, housing inspections, business growth and retention, infrastructure improvements, crime reduction, quality of life concerns, and future redevelopment; and, Whereas: The committee shall consist of the Lovejoy District Councilmember, the Director of Strategic Planning, or a representative, the Commissioner of Police, or a representative, the Commissioner of Permits & Inspections, or a representative, a representative from the Mayor's Office, any interested Councilmember, and members of the community; and, Whereas: The Committee's mission and focus will be to improve the quality of life and improve the aesthetic appeal of Bailey Avenue, as well as offer plans for future reuse of vacant parcels along the route. Now, Therefore, Be It Resolved: That this Common Council support the creation of the "Bailey Avenue Redevelopment Task Force." Be It Further Resolved: That copies of this resolution be sent to the media and the aforementioned members of the committee for responses that should also be filed with this Council. Be It Further Resolved: That the Committee hold its first meeting in April, and meet monthly thereafter to address the needs of the people and businesses along Bailey Avenue between McKinley Parkway and East Delavan Avenue. ADOPT FINAL RESOLVE; SEND REMAINDER TO COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 143 By: Mr. Fontana ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 307, Parking and Parking Lots § 307 -8, towing and storage For towing all 2 -axle vehicles, motorcycles, boats, [$85.00] $90.00 small trailers or mobile homes under 25 feet in length to impound area For each day of storage or fraction thereof after the first 24 hours [$12.00]$25.00/day first 24 hours Boot removal fee [$35.00] $45.00 APPROVED AS TO FORM Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 144 By: Mr. Franczyk DISCHARGE ITEM FROM THE RULES COMMITTEE Whereas: Res 120, CCP Dec 11 "Local Law Intro #11(2001) - Council Committee Chairmen /Min. Leader "; 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 Rules Committee Res 120, CCP Dec 11 "Local Law Intro# 11 (2001) - Council Committee Chairmen /Min. Leader" from further consideration of the above item and said item is now before the Council. RECEIVED AND FILED. NO. 145 BY: COUNCILMEMBERS FRANCZYK & RUSSELL PREVENT HOMEOWNER INSURANCE RIP -OFF WHEREAS: A double standard appears to exist for homeowners in Buffalo and homeowners in the suburbs as it relates to property insurance coverage; and, WHEREAS: Homeowners in the city and suburbs pay premiums that in most cases provide insurance coverage that replaces the cost of the house in the event of catastrophic loss; and, WHEREAS: In the suburbs, insurance premium payers receive the actual replacement value of the lost house, while in the City of Buffalo a new trend results in insurance companies paying homeowners only the market value of the house, which in many depressed markets is far less than the replacement costs suburban policyholders receive; and, WHEREAS: City of Buffalo premium payers, believing they are paying on a policy which pays replacement costs for their house, are ripped off by insurance companies which treat them differently than their suburban counterparts who may be paying equivalently the same homeowner insurance premiums; and, WHEREAS: Buffalo homeowners are shocked that the $100,000 of coverage they are paying for may only result in a fraction of that payout after their catastrophic claim is verified; and, WHERAS: Following a legitimate property loss due to fire or other causes, insurance carriers are required through their policies to make payments in the first instance to policyholders for what is commonly known as "actual cash value" of the loss; and, WHEREAS: New York State law requires that homeowners policies provide actual cash value payments calculated according to what is known as the "Broad Evidence Rule," which should take into account many factors of value, including replacement cost minus depreciation, assessed value, market value and other concerns; and, WHEREAS: As noted, evidence suggests that initial settlements to Buffalo policyholders from homeowners insurance carriers, unlike the suburbs, includes actual cash value which is calculated using only market value or assessed value, without including replacement costs minus depreciation, which punishes policyholders in the city; and, WHEREAS: When the insurance companies do offer replacement value payouts in the City of Buffalo, they only do so after city policyholders spend their own money above and beyond the cash or market value up to the replacement cost amount of a property loss, something city homeowners often cannot afford; and, WHEREAS: Buffalo residents in many cases have been loyal to a single insurance carrier for years, paying premiums for what they believe will entail replacement value of a lost house, only to find out that they will be paid a radically depressed market value for their house. If they wish to receive the actual replacement cost payout, they have to cough up the difference between the replacement value and market value, money they often do not have; and, NOW THEREFORE BE IT RESOLVED: That the Common Council explore measures to remedy the inequities Buffalo homeowner insurance holders are subjected to as it relates to insurance cash - payouts after catastrophic loss, including local legislative remedies if applicable. The law department will also be asked to further ascertain if remedies are possible through the New York State Insurance Department and in state law; BE IT FURTHER RESOLVED: That the Department of Strategic Planning report on the feasibility of providing a "Replacement Cost Assistance Program for City of Buffalo Property Policyholders," or "bridge loan" program for qualifying homeowners who sustain legitimate property losses and are entitled to replacement cost hold -back payments. This program should be directed toward owner - occupied qualifying homeowners who sustained a loss. The ancillary purpose program is to facilitate the rebuilding of the property on the site where the previous property was destroyed, thus ensuring a vacant lot won't be the end result after the homeowner receives their payout; BE IT FINALLY RESOLVED: That the law department, Department of Strategic Planning, State Attorney General's Office, local New York State delegation, representatives of the insurance and underwriters associations, and other interested parties, be invited to respond to concerns as they relate to homeowners insurance policy formulas for City of Buffalo property owners. ADOPT FINAL 2 RESOLVES; REMAINING - REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 146 By: Mr. Golombek and Mr. Bonifacio MEDICAL INSURANCE SAVINGS Whereas: The Buffalo Board of Education has taken steps to determine the benefit of covering all of its employees under a single medical plan; and, Whereas: While the steps necessary to accomplish such a task are daunting the recent agreement between the labor and management of Erie County have shown it is not impossible; and, Whereas: Currently, there is a proposal from Blue Cross and Blue Shield of VVNY to insure all of the 2750 active and 2750 retired employees of the City of Buffalo. It is estimated that this plan would save the City of Buffalo between five and seven million dollars in the next fiscal year; and, Whereas: While this proposal is indeed a good start it is important to investigate a plan that would also include the Buffalo Urban Renewal Agency, The Buffalo Municipal Housing Authority, the Buffalo Sewer Authority and the Buffalo Economic Renaissance Corporation; and, Whereas: The ultimate goal is to continue the delivery of services that residents of the City of Buffalo deserve. In order to address this goal unions and management must work cooperatively in finding ways to save money without incurring lay -offs. Now, Therefore, Be It Resolved: This Honorable Body moves that all City of Buffalo Departments, Agencies and Authorities, including the Board of Education, be brought together to work as a single entity in regards to negotiating the medical insurance of their employees. This effort should not be unilateral by management but should include active participation with the leaders of the labor unions. The establishment of such a process would set a precedent for future negotiations to be handled similarly; and, Be It Finally Resolved: This Common Council commends the Board of Education for taking steps that move the City of Buffalo towards fiscal stability without reducing services. REFERRED TO THE COMMITTEE ON FINANCE. NO. 147 By: Mr. Griffin ERIE COUNTY SHARING THE EXTRA 1% SALES TAX Whereas: The City of Buffalo is the urban core of Erie County and the vitality of the City is central to the health of Erie County and Western New York; and Whereas: New York State retains 4.25% of the 8.25% sales tax charged in Erie County, while 3% is shared on an equitable basis among local governments, including cities, towns, villages and school districts. Erie County keeps the remaining 1; and Whereas: In 1984 the extra 1% sales tax was approved to help bail Erie County out of a fiscal crisis. The 1 % sales tax was to run from March 1, 1985 and expire on December 31, 1986; and Whereas: Annually, the New York State Legislature must approve a one -year extension of the 1 % sales tax for Erie County, which they have been doing since 1986; and Whereas: The extra 1 % of the sales tax is not shared with local governments on an equitable basis. Erie County is the only County in New York State that does not share its entire portion of the sales tax equitably with cities, towns, villages, and school districts within its borders; and Whereas: The extra 1 % of sales tax revenue in Erie County amounted to about $113 million in 2002. Local governments and schools would receive an extra $73.4 million if the 1 % were to be shared equitably; and Whereas: Rochester (23.7 %) and Syracuse (33.4 %) get a far higher percentage of their county sales tax than Buffalo (12.8 %) does. It is becoming clearer to many, including local state legislators and town officials that the time has come for Erie County to begin sharing the extra 1% of the sales tax with the cities, towns, villages, and school districts within the County; and Whereas: County Executive Giambra has claimed that sharing the 1 % is not possible because it would result in an increase in County property taxes. A recent Buffalo News article pointed out that sharing the extra 1% may allow communities to deliver big enough tax cuts to offset a possible increase in County taxes; and Whereas: A new source of revenue is a key part of the solution to Buffalo's recovery and rebirth. The sales tax revenue would be another component in efforts to restructure and reinvent the City of Buffalo; Now, Therefore be it Resolved: That the Common Council requests the New York State Legislature to require Eric County to share the 1% extra sales tax on a per capita basis with the City of Buffalo, cities, towns and villages; and Be it Further Resolved: That the school districts portion of the extra 1 % be computed on the same basis as its share of the 3% portion is calculated; and Be it Finally Resolved: That the City Clerk's office send certified copies of this resolution to Governor George Pataki, to Assembly Speaker Sheldon Silver, to the clerk of the Assembly, to Senate Majority Leader Joseph Bruno, to the Secretary of the Senate, to County Executive Joel A. Giambra, and to the members of the Western New York delegation of the New York State Senate, to Mayor Anthony M. Masiello, to the Buffalo Fiscal Stability Authority and the Erie County Legislature. ADOPTED. NO. 148 By: Mr. Griffin PERMISSION TO HANG BANNERS ON ABBOTT ROAD Whereas: This year Mount Mercy Academy and Mercy Hospital will each celebrate 100 years of service to the Buffalo area; and Whereas: As part of this celebration and to focus attention on this shared milestone, Mount Mercy Academy and Mercy Hospital is requesting permission to hang banners from the existing light standards on Abbott Road, between Red Jacket Parkway and Alsace Street; and Whereas: The banners will be installed around April 1, 2004 and remain up until June 30, 2005; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo grants permission to Mount Mercy Academy and Mercy Hospital of Buffalo to hang banners celebrating 100 years of service to Buffalo and Western New York; and Be it Further Resolved: That said banners will hang on Abbott Road, between Red Jacket Parkway and Alsace Street from April 1, 2004 through June 30, 2005; and Be it Finally Resolved: That said banners meet all the requirements of the Department of Public Works, Parks, and Streets, and all pertinent City Departments and that no existing laws are violated. PASSED. AYES -8. NOES -0. NO. 149 Sponsor: Ms. Russell Co- sponsors: Mr. Griffin, Mr. Coppola, Mr. Golombek CONSIDER TERMINATING WATER CONTRACT WITH AMERICAN WATER SERVICES WHEREAS: In 2002 the City of Buffalo considered four competing proposals from companies interested in operating the city's water system; and WHEREAS: On July 1, 2003 the City entered into a five -year contract with American Water Service to operate the city's water system: and WHEREAS: Due to the actions of the Water Board property owners are being hit with a third water rate increase in eight months, raising the average water bill a total of 38 %; and WHEREAS: Raising water rates an average of 38% is completely unacceptable; and WHERAS: The five -year contract entered into between the Buffalo Water Board and American Water Services, contains language that either party may terminate the contract without penalty upon 90 days written notification; and WHEREAS: Given a 38% increase in water rates in the last eight months, the City of Buffalo should reconsider the competing proposals that were discussed in 2002 and perhaps enter into a contract with a new company to operate the water system; and Now Therefore Be It Resolved: That the Common Council is opposed to the actions of the Water Board raising water rates a third time in less than a year. That It Is Further Resolved: That in light of the ability to terminate the contract of American Water Services, the Common Council requests the Mayor and the Water Board to respond to the Council's desire to reconsider the proposals from other companies interested in operating the water system that were submitted to the City in 2002. ADOPT FINAL RESOLVE, REMAINING REFERRED TO THE COMMITTEE ON FINANCE NO. 150 BY: Mr. Thompson REQUEST TO CHANGE PARKING ON EAST UTICA STREET Whereas: Owners of businesses located between I to 75 East Utica Street (odd only) have expressed grave concern about the present "No Parking" situation at this location; and Whereas: Patrons wishing to purchase goods and services from shops located between 1 t 75 East Utica Street from the hours of 7am. Through 9pm, Monday to Saturday have consistently had difficulty finding adequate parking near the said location; and Whereas: This lack of adequate parking hinders patrons ability to freely shop at this hub; and Whereas: Section 49 of Chapter 479 of the Ordinances of the City of Buffalo provides that the City Engineer shall have the power to supplement, amend, or repeal existing provisions of Chapter 479; and Whereas: Changing the existing parking regulation from "No Parking" to "Two Hour" Parking between the hours of 7am -9pm from Monday through Saturday from I to 75 East Utica Street would sufficiently address both the business owners and patrons. Now Be It Therefore Resolved: That the Common Council of the City of Buffalo does hereby request that the Division of Traffic Engineering amend the parking regulation between I to 75 East Utica Street (odd only) from "No Parking" to "Two Hour Parking" between the hours of 7am -9pm from Monday through Saturday. ADOPTED. NO. 151 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 Tuesday, March 23, 2004 at 9:30 o'clock A.M. Committee on Finance Tuesday, March 23, 2004 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, March 23, 2004 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, March 24, 2004 at 10: 3 0 o'clock A.M. Special Committees Budget Thursday, March 18, 2004 at 9:15 o'clock A.M. in Room 1417 City Hall Bi- National Bridge Thursday, March 18, 2004 at 2:00 o'clock P.M. in Room 1417 City Hall Education Wednesday, March 24, 2004 at 2:00 o'clock P.M. in the Common Council Chambers. Special Public Hearing -Comm. Dev. Hickory Woods Sub - committee - Thursday, March 25, 2004 at 7:00 p.m. at the Tosh Collins Center, 35 Cazenovia Street, Buffalo, NY 14220 (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 152 On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 3:35 p.m. CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #3 OFFICE OF THE MAYOR -201 CITY HALL MARCH 18, 2004 Present: Frank Belliotti, Deputy Comptroller, Michael Risman, Corporation Counsel -2 Absent: Anthony M. Masiello, Mayor; David A. Franczyk, Council President -2. The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the months of March 2004 amounting to $9,815.24 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of March 2004 amounting to $7,500.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. NO. 3 On motion by Mr. Belliotti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.