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Home My WebLink About04-1116No. 21 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO POLICE & FIRE PENSION OCTOBER & NOVEMBER 2004 November 16, 2004 MAYOR Hon. Anthony M. Masiello ACTING COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH JAMES D. GRIFFIN - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana - Members CLAIMS COMMITTEE: James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, James D. Griffin EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell - Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 16, 2004 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Coppola, Davis, Fontana, Golombek, Griffin, Russell and Thompson — 9 ABSENT -- 0 On a motion by Mr. Coppola seconded by Mr.Fontana, the minutes of the stated meeting held on November 3, 2004 were approved. FROM THE MAYOR NO. 1 Capital Budget 200— Recommendations & 5 -Year Plan I hereby submit my recommendation for a City of Buffalo 2005 Capital Improvement Budget of $15,985,000 for new city projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations forwarded by the Office of the Comptroller and the Citizens' Planning Council (CPC). The new capital projects in my recommended budget include: 1. City Hall Reconstruction 3,400,000 2. Inner Harbor Redevelopment (Intermodal /Parking Ramp) 4,935,000 3. Library Renovations (Various) 400,000 4. Neighborhood Redevelopment /Clearance Activities 3,500,000 5. Peace Bridge Area Improvements1, 500,000 6. Reconstruction of City -Owned Buildings- Roofs, Masonry, Mechanicals (Various) 750,000 7. Reconst of Schools- Windows & Oil Tanks (Various) 1,500,000 15,985,000 REFERRED TO THE COMMITTEE ON BUDGET NO. 2 Re- Appointment of Member to the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby re- appoint the following, subject to confirmation by Your Honorable Body, as a member of the Buffalo Sewer Authority for a term commencing immediately and will expire on June 30, 2007: Re- Appointment: Herbert L Bellamy Jr., JHB Professional Bldg. 395 E. Ferry Bflo, 14208 Chairperson hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Sewer Authority. Mr. Coppola Moved That the above communication from the Mayor dated November 10, 2004, be received and filed; and That the reappointment of Herbert L. Bellamy, Jr., JHB Professional Building, 395 E. Ferry Street as a member of the Buffalo Sewer Authority for a term commencing immediately and expiring June 30, 2007, be and it hereby is approved. PASSED AYES -9- NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT No. 3 Results of Negotiations 1291 Fillmore, 161.11' N Fillmore Lot Size: 65' x 66' 1293 Fillmore, 183.11' N Fougeron Lot Size: 10' x 90' The Office of Strategic Planning, Division of Real Estate has received a request from Deacon Willie Murphy, Hopewell Baptist Church, 1307 Fillmore Avenue, Buffalo, New York 14211, to purchase the above captioned vacant lots. Hopewell Baptist Church owns property at 1297, 1299, 1301 and 1307 Fillmore which are adjacent to the above referenced lots. They would like to expand their church. 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 fifty cents (.50) to one dollar ($1.00) per square foot. The results of our negotiations are that Hopewell Baptist Church has agreed to a sales price of six thousand eight hundred dollars ($6,800), fifty -four cents (.54) per square foot, for the subject properties. They have 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 1291 and 1293 Fillmore to Hopewell Baptist Church in the amount of six thousand eight hundred dollars ($6,800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola Moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 9, 2004, be received and filed; and That the offer from Deacon Willie Murphy, Hopewell Baptist Church, 1307 Fillmore Avenue, in the sum of six thousand and eight hundred dollars ($6,800.00) for the purchase of 1291 and 1293 Fillmore Avenue, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9- NOES -0 NO. 4 Amend Approval - Sale of City Property to Bethel Community Community Development Corporation Item #10, C.C.P.11/3/04 MASTEN In the above referenced Item Your Honorable Body approved the sale of City -owned property to Bethel Community Development Corporation for the construction of new buildings for a Head Start Program. The Item listed the properties as 1424 and 1430 Jefferson Avenue. The communication should have included the following additional parcels: 1. 1438 Jefferson 30'x 100' $ 3,200 2. 101 Welker 34'x 91' 1,600 3. 103 Welker 30' x 90' 1,400 4. 107 Welker 30' x 90' 1,400 Therefore, I am recommending that Your Honorable Body approve the sale of 1424, 1430, 1438 Jefferson, 101, 103 and 107 Welker to Bethel Community Development Corporation upon the same terms and conditions previously approved in Item # 10, Council Proceeding of November 3 rd, 2004. Mr. Coppola Moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 15, 2004, be received and filed; and That the offer from Rev. Richard Stenhouse on behalf of Bethel Community Development Corporation, be amended as previously approved in Item No. 10, C.C.P., November 3, 2004, to include 1424, 1430, 1438 Jefferson, 101,103 and 107 Welker Street, be and they hereby are accepted "as is "; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the purchaser will undertake remediation of the soil and may seek reimbursement from parties, other than the City, responsible for causing the defect; 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 -9- NOES -0 NO. 5 Lease Request - South Buffalo Community Association Request to Use a Portion of the Tosh Collins Center South District The Office of Strategic Planning, Division of Real Estate, has received a request from the South Buffalo Community Association to use a portion of the Tosh Collins Center for community services. The terms of the lease shall include but not be limited to the following: 1. The lease shall be for a term of three (3) years to commence on the day the South Buffalo Community Association takes occupancy. 2. South Buffalo Community Association shall have use of approximately 900 square feet of space. 3. The new lease will be for One Dollars ($1.00) annually. 4. South Buffalo Community Association will pay for their own telephone service. 5. South Buffalo Community Association will submit any and all plans for renovations to the Department of Public Works, Parks & Streets for prior approval. 6. South Buffalo Community Association will be responsible for any and all permits and fees associated with their use of the premises. 7. South Buffalo Community Association will provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said policy. The type and amount of liability coverage to be determined by the City of Buffalo, Corporation Counsel Office. 8. Maintenance: a) City will be responsible for capital improvements unless otherwise indicated in the operating agreement between the City and the County of Erie b) South Buffalo Community Association will be responsible for cleaning their own space. c) South Buffalo Community Association will be responsible for minor repairs and maintenance for the space they lease. I am recommending that Your Honorable Body approve a new lease agreement between the City of Buffalo and South Buffalo Community Association for the use of the approximately 900 square feet in the Tosh Collins Center to include but not limited to the above terms and conditions. I am also requesting that Your Honorable Body authorize the Corporation Counsel to prepare said lease agreement and that the Mayor be authorized to execute the same. Mr. Coppola Moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 15 2004, be received and filed; and That the Director of Real of Estate be, and he hereby is authorized to enter into a lease between the City and South Buffalo Community Association, for use of 900 Square feet in the Tosh Collins Center for a three (3) year term commencing on the day the South Buffalo Community Association takes occupancy for one dollar ($1.00) annually but not limited to the above listed terms and conditions. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -9- NOES -0 NO. 6 Transfer of Title Urban Homestead Program 1076 Smith Street (City -Owned Vacant Lot, 30'x 105') The Office of Strategic Planning, Division of Real Estate, has surveyed the City -owned vacant lot at 1076 Smith Street, Buffalo, New York, parcel is 30'x 105' in dimension; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Mr. Hezekiah Rhodes and Charles Lynch own and reside at 1078 Smith Street, Buffalo, New York 14212. Mr. Rhodes and Mr. Lynch will clean, improve and maintain the lot at 1076 Smith Street in the event they obtain title to the property under the Urban Homestead Program. The Department of Permit and Inspection Services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend the City -owned vacant lot be designated as a Homestead Property and be transferred to Mr. Hezekiah Rhodes and Mr. Charles Lynch on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Coppola Moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 8, 2004, be received and filed; and That the city -owned property commonly known as 1076 Smith Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Hezekiah Rhodes and Mr. Charles Lynch, residing at 1078 Smith Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -9- NOES -0 I would like to take this time to offer my comments on the mayor's capital budget proposal that was submitted to the Common Council on Nov. 1. The City Charter invites my comment, and I am exercising that option at this time to provide assistance to the process. As you know, I imposed a capital debt moratorium in 2002 -2003 to underline my concerns over the growing burden, but as you also know, the BFSA approved a capital debt sale significantly less than the one recommended by the city in 2003 - 20004. For 2005, 1 continued to support fiscal discipline to the Citizen's Planning Council, recommending a capital debt cap for city projects of $25.9 million and of $5.5 million for schools, numbers consistent with my Capital Budget /Debt Management Policy. The Planning Council initially recommended $29,675,000, of which $3.5 million was for schools. The mayor, after consultations with the Planning Council, reduced the recommended sale to $15,985,000, of which $1.5 million is for schools. I believe the mayor's recommendation is consistent with my debt NO. 7 Mayor's 2005 Capital Budget Recommendation and five -year Plan. management policy even though I felt there was room for a slightly more ambitious sale at this time, given the need to move forward on important projects that impact on our quality of life and stimulate our economic recovery. However, I do support the recommendations as submitted by the executive. My goal continues to be the rapid recovery of debt capacity for the city that will help our Wall Street credit rating, and ensure continued market access. "Capital Budget 2005" Recommendations & 5 -Year Plan" I hereby submit my recommendation for a City of Buffalo 2005 Capital Improvement Budget of $15,985,000 for new city projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations forwarded by the Office of the Comptroller and the Citizens' Planning Council (CPC). The new capital projects in my recommended budget include: 1. City Hall Reconstruction 3,400,000 2. Inner Harbor Redevelopment (Intermodal /Parking Ramp) 4,935,000 3. Library Renovations (Various) 400,000 4. Neighborhood Redevelopment /Clearance Activities 3,500,000 5. Peace Bridge Area Improvements 1,500,000 6. Reconstruction of City -Owned Buildings- Roofs, Masonry, Mechanicals (Various) 750,000 7. Reconstruction of Schools- Windows & Oil Tanks (Various) 1,500,000 15, 985, 000 REFERRED TO THE COMMITTEE ON BUDGET NO. 8 Buffalo Sewer Authority Single Source & Sole Source Contracts Audit AUDIT SCOPE To review contracts submitted to the Board for approval. To review the number and dollar amount of contracts approved by the Board. AUDIT FINDING Contracts: The review of the Board minutes and approvals therein revealed that a large number and dollar amount of contracts were not bid. The Single Source or Sole Source contracts were approved in approximately 53% of the cases reviewed. The Board of Directors was informed of the various reasons why a single or sole source was being requested or required, per the review of supporting documentation. Such reasons include specific requirements by manufacturers, franchise requirements, limited availability of parts, inability to perform, timeliness etc. This information was submitted to the Directors in advance of the meetings; the directors asked questions on the issues and voted on the item. As noted above, the results reflect that 53.1 % of the number of contracts approved by the Board were single source. This 53.1 % ratio is extraordinarily high for a contract process that presumes bidding. The dollar value associated with these single source contracts is approximately $9.3 million of the total contract value of $42.5 million, or 22% of the contract value. Change orders: The Change orders account for sizable dollars and high percentages ( 93 change orders at $8.6 million of $72.4 million total). The basic assumption is that the awarded contract is for performance at a specified amount. Changes to the awarded contract bring into question whether the bid should have been accepted in the first place. We were unable to determine, due to the lack of supporting documentation if the change order related to a subsequent change to the original contract. We did note, however, that all change orders were properly authorized by the Board. We summarized 15 contractors with 40 change orders collectively. The dramatic size and percentage changes (e.g. Malcolm Pimie's 9 contracts changes reflected a 54% increase over the $5.9 million original contracts) are compounded by the life of the contract (from 2 months to over one year with changes). One contract was originally approved with a "not to exceed" $300,00 limit which ultimately (after change orders) reached $450,000. Formal bids required. Under the specific New York State legislation creating the Buffalo Sewer Authority, there is a specific $7,000 threshold for formal bidding procedures. Under Title 8 of Public Authorities "Buffalo Sewer Authority ": 1181. Construction contracts. If the project, or any portion thereof, or any addition, betterment or extension to the facilities, shall be constructed pursuant to a contract for which the estimated cost exceeds seven thousand dollars, such contract shall be awarded to the lowest responsible bidder after advertisement for bids. The Public Works department of the City falls under the GML and their thresholds are higher. The General Municipal Law Section 103 1. Except as otherwise expressly provided by an act of the legislature or by a local law adopted prior to September first, nineteen hundred fifty - three, all contracts for public work involving an expenditure of more than twenty thousand dollars and all purchase contracts involving an expenditure of more than ten thousand dollars, shall be awarded by the appropriate officer, board or agency of a political subdivision or of any district therein including but not limited to a soil conservation district, to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided by this section. RECOMMENDATIONS 1. Notification to the Board of our results, with annual updates. 2. BSA should create a specific form for the use of the Board in approving contract bids, including RFP requirements and a written statement by the responsible official that there is no other source available 3. The Board may consider consultation with an outside firm with the required technical expertise not available to the board or the Auditors to review some of the bids. 4. Change the requirements for formal bid approvals at the BSA Board meetings to $7,000, and consider reviewing those approved under that threshold to report to the Board. In addition, the Authority may seek to amend the language in the Buffalo Sewer Authority state legislation to raise the limits. 5. Change orders need to be controlled at the Board level REFERRED TO THE COMMITTEE ON FINANCE a:l6]Lrilr 9:I 1.1-11161 ZKO]WA*11 *VI Lril4 011 ref kilIlk IFAXAI NI LI NO. 9 Board of Assessment Review Appointment, Permanent Member The appointment to the Board of Assessment Review of Keith Barnes, 29 Frankfort St, Buffalo, NY 14211, expired on September 30, 2004. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Additionally any new or re- appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting Common Council action to fill this five (5) year vacancy as soon as possible so that the required training can occur before commencement of hearings. The following is a roster of current Board of Assessment Review members and the dates their respective appointments will expire. William Maggio 230 Wellington Rd, Buffalo, NY 14216 9/30/05 Henry Osinski175 Parkside Ave, Buffalo, NY 14216 9/30/06 Robert Zielinski 30 Lyman, Buffalo, NY 14206 9/30/07 (filling unexpired term of Ruthetta Smikle) Edward Hemdon 19 Summer St, Buffalo, NY 14209 9/30/08 REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIVISION OF COLLECTIONS AND THE CORPORATION COUNSEL NO. 10 Board of Assessment Review Appointment, Temporary Members I am respectfully requesting Common Council action to appoint at least two (2) temporary members to the Board of Assessment Review (BAR) to serve no more than twenty days as needed during the time period of January 2005to mid - February 2005. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. Two temporary boardmembers working in conjunction with the five permanent members will allow this office to establish two mini - boards, if needed. Last year in spite of lower challenge numbers we needed to use all five (5) permanent and the one (1) temporary member to guarantee daily quorums due to member absences. Having temporary members appointed, trained and available for service assured the smooth function of the review process. We are hopeful that assessment challenges this year will be no more and perhaps less than last year, but there is no way to predict the challenge numbers nor the frequency of member absences. Since state law requires that temporary members receive training by the Erie County Director of Real Property Services prior to serving we need to have these members appointed as soon as possible. Approval of temporary members now, will permit the establishment of mini - boards, if necessary, without further delay. The following individual served as a temporary member last year. Coralia J. Hetzner 57 Lancaster Ave, Buffalo NY 14222 REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIVISION OF COLLECTIONS AND THE CORPORTION COUNSEL FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 Notification Serial 9984 Install Stop Sign (Police Emergency Order) in Mercer Avenue at Manhattan Avenue (Masten District) STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY VEHICLES ON Mercer Avenue SHALL STOP BEFORE ENTERING Manhattan Avenue This action is being taken in order to improve safety in the vicinity of the Buffalo United Charter School. Notification Serial # 9983 Install Stop Sign (Police Emergency Order) in Thompson Street at Austin Street (North District) STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON Thompson Street SHALL STOP BEFORE ENTERING Austin Street Notification Serial # 9982 Install Stop Sign (Police Emergency) in Joslyn Place at Austin Street (North District) STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON Joslyn Place SHALL STOP BEFORE ENTERING Austin Street This action is being taken in order to provide stop sign control at a previously uncontrolled intersection. RECEIVED AND FILED WAIVE 45 DAYS NO. 12 Change in Contract Delaware Park Casino Lower Patio Renovations Job #0129 Delaware District I hereby submit to Your Honorable Body the following changes for the Delaware Park Casino, Lower Patio Renovations, J. P. Construction of New York, Inc., C #92010883. 1. Credit labor associated with reduction of slab thickness to 2 "; revise work at north wall of patio. Deduct $ -0- 2. Credit renovations to north wall, plumbing work below the slab and reduction in thickness of concrete overlay slab. Deduct $7,255.44 3. Renovations of northeast wall with stone and mortar. Add $4,106.13 4. Renovations of deck. Add $22,813.16 The foregoing change results in a net increase in the contract of Nineteen Thousand Six Hundred Sixty Three and 85/100 Dollars ($19,663.85). Summary: Current Contract Amount $ 93,000.00 Amount of This Change Order ( #1) Add $ 19,663.85 Revised Contract Amount $112,663.85 Costs have been reviewed by the Consulting Engineer (Clough, Harbour & Associates LLP) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 36321406 445100 - Division of Buildings. I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Coppola Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 3, 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. 1, to J. P. Construction of New York, Inc., an increase in the amount of $19,663.85, as more fully described in the above communication, for work relating to Job No. 0129, Delaware Park Casino, Lower Patio Renovations, C #92010883. Funds for this project are available in 36321406 445100 - Division of Buildings. PASSED AYES -9- NOES -0 NO. 13 Change in Contract City -Wide Sidewalk Replacement - 2004 P & J Construction Co., Inc., Group #624 Contract #92010888 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to replace deteriorated sidewalk in the lower level of Gates Circle. Change order quantities are as follows: Contract Unit Estimated Estimated Item Description Price Quantity Cost 02.110 Unclassified Excavation $50 /¢u.yd. 25 $1,250.00 05.240 Old Fash Exposed Aggre $13.00 /sq.ft 1,500 $19,500.00 12.110 Maint & Protection of Traffic $500 /I.s. lump sum as nee.$500.00 90.500Misc Construction - caulking $1.50 /lin,ft 372 $558.00 Total $21,808.00 Existing Contract Amount $919,887.07 Increase in Contract $21,808.00 Total Contract to Date $941,695.14 Funds for this change are available in Account #13112006-443100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Mr. Coppola Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 2004, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $21,808.00, as more fully described in the above communication, for work relating to City -Wide Sidewalk Replacement, Contract #92010888. Funds for this project are available in Account #13112006-443100. PASSED AYES -9- NOES -0 NO. 14 CHANGE IN CONTRACT SENECA BABCOCK COMMUNITY CENTER RENOVATIONS JOB #0401 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Seneca Babcock Community Center, Renovations, General Construction Work, Miller Enterprises, Inc., C #92010885. 1. Wall restoration and foundation work on southeast corner of the main building. Add $ 8,105.00 The foregoing change results in a net increase in the contract of Eight Thousand One Hundred Five and 00/100 Dollars ($8,105.00). Summary Current Contract Amount $107,000.00 Amount of This Change Order ( #1) $ 8,105.00 Revised Contract Amount $115,105.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34310306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Coppola moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 1, 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. 1, to Miller Enterprises, Inc., an increase in the amount of $8,105.00, as more fully described in the above communication, for work relating to Job No. 0401, Seneca Babcock Community Center Renovations, C #92010885. Funds for this project are available in 34310306 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 15 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER PHASE I - EXTERIOR RESTORATION EAST WALL & MAIN ST. FACADE JOB #0335 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Phase I - Exterior Restoration, East Wall & Main St. Facade, Rodems Construction Co., Inc., C #92010815. 1. Credit for initial UL inspection of Blade Sign. Deduct $1,500.00 The foregoing change results in a net decrease in the contract of One Thousand Five Hundred and 00/100 Dollars ($1,500.00). Current Contract Amount $1,796,789.00 Amount of This Change Order ( #8) $ 1,500.00 Revised Contract Amount $1,795,289.00 Costs have been reviewed by the Consulting Architect (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 31405856 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Coppola moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 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. 1, to Rodems Construction Co., Inc., a decrease in the amount of $1,500.00, as more fully described in the above communication, for work relating to Job No. 0335, Shea's Performing Arts Center, Phase 1 - Exterior Restoration, East Wall & Main Street Fagade, C #92010815. Funds for this project are to be credited to 31405856 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 16 CHANGE ORDER - MASSACHUSETTS PLAYGROUND REPAIR TO CITY PAVEMENTS - 2004, GR. #625 THOMANN ASPHALT, INC. CONTRACT #92010890 1 hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to complete work at the Massachusetts playground that was beyond the scope of work as part of the ongoing $390,000 +/- Parks Improvement Project utilizing Parks Capital Funds and a UPARR Grant. Contract Unit Estimated Quantity Estimated Item Description Price Cost 02.210 Top & Binder Remova $4/sq.yd.2,139 $8,556.00 03.21 C Subbase Course - Type C$40 /co.yd.46.1. $1,844.00 90.500 Miscellaneous Construction Lump Sum100% $2,700.00 grading of site 04.140 Asphalt Pick -up & Placement $36/ton385.53 $13,879.08 Total $26,979.08 Contract Summary Original Contract Amount $148,362.50 Changer Order #1 $26,979.08 Total Contract $175,341.58 Fund for this change order are available in Capital Project accounts #30126306 and #35320506. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Thomann Mr. Coppola moved That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 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. 1, to Thomann Asphalt, Inc., an increase in the amount of $26,979.08, as more fully described in the above communication, for work relating to Massachusetts playground, C #92010890. Funds for this project are available in #30126306 and #35320506. PASSED AYES - 9 NOES -0 NO. 17 B. DAVIS- FLOATING DOCK PLATFORM INSTALLED IN FRONT OF GULL LANDING CONDOMINIUM ITEM NO. 59, C.C.P. 11/03/04 The referenced item was referred to this department for comment. On March 8, 2004, Brand -On Services, the operator of the Erie Basin Marina gave the City a proposal detailing various changes in their contract. One of their proposals was an offer to construct and install up to 120 additional slips at the Marina. The proposal was submitted to the Common Council for their meeting of March 16, 2004. The item was referred to the Finance Committee and was approved by the full Council in Item #70, C.C.P. of 03/30/04. Based on this approval, this department issued a revised contract to Brand -On Services that allowed for the installation of the new docks. We asked the Office of Strategic Planning to assist us in advising residents of the various condominiums across from the Marina that the new docks would be installed. We were advised that the plans were sent to them, and that no objections were received. On June 1, 2004 the City and Brand -On Services jointly applied to the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation (NYSDEC) for a permit to install the docks. The Corps issued a permit on August 9, 2004, and work commenced soon after. A NYSDEC short environmental assessment was also filed. The new docks being installed do not infringe on the main channel, which is 150 ft. wide. The closest docks will be at least 300 ft. from the retaining wall at Gull Landing. This department feels that all proper steps were taken in the development of this plan. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 PURCHASE OF EQUIPMENT STREETS & SANITATION DIVISIONS Common Council permission is requested for the purchase of the following equipment for the Division of Streets and Sanitation. One tandem axel dump truck chasis This vehicle will be used for snow plowing and salting $64,803.00 Four 25 yard refuse bodies $187,260 NO. 19 ORDINANCE AMENDMENT CHAPTER 437 - TAXICABS AND LIVERIES INSTALL TAXI STANDS - VARIOUS LOCATIONS TAXICABS AND LIVERIES -AMEND It has been requested by your Honorable Body that Taxi Stands be installed on Perry Street across from the HSBC Arena and on Delaware Avenue in front of the Holiday Inn. The purpose of this Amendment is to update Chapter 437 Section 19 of the Charter and Code of the City of Buffalo in order to allow for these changes to be made on the affected streets. It is therefore requested that Chapter 437, Section 19 of the Charter and Code of the City of Buffalo (Taxi Stands) be ammended by adding thereto the following Name of Street Side Location and Restrictions Number of Cabs Perry Street North Between a point 75 east of Washington Street 6 And a point 120' east therefrom. Delaware Ave West Between a point 300' south of North Street And a point 70' south therefrom. RECEIVED AND FILED NO. 20 REPLY - TRAFFIC CONCERNS AT BUFFALO UNITED CHARTER SCHOOL #64, CCP 10/5/2004 This is in response to the item referenced above, which was referred to our department for comments. As a result of an earlier request in the fall of 2003 a traffic study was done at the intersection of Amherst St. and Manhattan Ave. This study clearly indicated that a traffic signal at this location is not warranted as stipulated in the New York State Manual of Uniform Traffic Control Devices (N.Y.S.MUTCD). However, please be advised that as a result of the recent item filed and further investigation the following actions have been or will be taken to improve safety at this location: 1)Sidewalk construction on Manhattan Ave. has been completed as requested. 2)Stop sign to be installed in Southbound Mercer at Manhattan Ave. as requested. (See notification serial #9984) 3)School crossing /warning signs to be installed on Amherst St. and Mercer /Manhattan Avenues as stipulated by NYSMUTCD. 4)Crosswalk pavement markings to be installed at intersections as stipulated by the NYSMUTCD. It is anticipated that these actions will help alleviate the concerns of school officials and help improve safety around the school. Our department will continue to monitor conditions at this location to determine if any further actions are necessary. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 SNOW REMOVAL PLAN Section 15 -35 of the City Charter requires that a snow removal plan be submitted to the Common Council. Please be advised that the plan submitted in 2003 will be adhered to in 2004. This does not mean however that advancements have not been made. During the past year representatives of this department have met with representatives of the Federal Emergency Management Agency (FEMA) to clarify our respective rolls should an emergency situation present itself. FEMA recognizes the important role that they play in such an emergency and has agreed to work with us to develop strategic plans in dealing with catastrophic snowstorms. Division of Streets employees have also been involved in mock drills, simulating snow storms of various intensity. Experience gained during these drills will prove beneficial. We have also made preliminary contact with various local contractors to determine their availability of equipment should storms occur that would require more equipment than we have at our disposal. We are also working with the City Management Information System department to develop a tracking system to assist the public and us in determining the conditions of city streets. Lastly, we are equipping our trucks with state of the art salt spreaders that will better control the flow rate of salt. This coupled with a better salting product should result in a significant reduction in the amount of salt used. This City is blessed with some of the finest snow fighting experts in the business. Our employees have had experience in all types of storms, and are unmatched anywhere. We all look forward to providing the citizens of Buffalo with the service that they deserve. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 FINANCE COMMITTEE - ITEM 35 RENOVATION OF COMMON COUNCIL CHAMBERS Dear Ms. Castro: As originally envisioned, the complete restoration of the Common Council Chambers included the work described in Item No. 35. However, because the cost to perform the work exceeded the available funding, everything was not completed in the first construction phase. The following is a summary of the restoration work: 1. Metal Work: Most work was completed except the grills in front of the windows. Also, because these grills were not completed, the colored glass in the windows was not replaced. 2. Finish Carpentry /Millwork: All finish carpentry and millwork was completed. 3. Stonework: All work was completed to the extent possible given historic guidelines and the available technology. 4. Flooring: The arena floor, steps and upper gallery were completed, Flooring in the seating area remains. 5. Seating: The wood portion of the seats was completed, however, the upholstery remains. 6. Lighting and Sound: All work was completed. Because of a lack of funding, Public Works does not anticipate doing additional work in the Council Chambers for the foreseeable future. REFERRED TO THE COMMITTEE ON FINANCE NO. 23 CERTIFICATE OF APPOINTMENT Appointment effective November 1, 2004 in the Department of Public Works, Division of Water to the position of Chief Pumping Plant Engineer, Provisional at the minimum Starting salary of $44,009 Rocco DellaNeve, 80 Hammerschmidt Avenue Buffalo, New York 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 24 CITY OF BUFFALO, POLICE DEPARTMENT REQUEST FOR COMMENTS /RECOMMENDATIONS RE: "POLICE AND FIRE RETIREMENT SYSTEM VS. EMPLOYEE RETIREMENT SYSTEM." ITEM #13, C.C.P. 092104 Pursuant to the request dated September 24, 2004 regarding a submission to the Common Council from the Department of Audit and Control whose subject matter was the "Police and Fire Retirement System vs. Employee Retirement System." Item #13, C.C.P. 092104, the Buffalo Police Department submits the following recommendations and /or comments: The Audit opens by stating that their test found that the FAS for the individuals tested was 168% higher under the PFRS retirement system than their ERS calculation. Audit's FAS calculations for PFRS are 60% greater than their ERS calculations and based on the spreadsheets, which we submitted with this response (Schedules A, B & C), the difference is approximately 40 %. The inclusion of all salary items that can be used in calculating allowable overtime would cause the difference between the PFRS and ERS to become less. With respect to the manner in which Audit and Control prepared Schedule D of their audit, the failure to include salary as part of the calculations, omits a critical factor in determining allowable overtime, court time, etc. for the purpose of determining pension figures under both the PFRS and ERS retirement systems. Analysis of Schedule D of Audit's submission to the Council indicates that the principles outlined by the NYS Office of the State Comptroller, for the calculation of allowable salary was not used consistently among the PFRS and ERS calculations. By applying those principles, it was determined that the overtime, which should be allocated to the pension cost calculations, would be essentially the same. The difference arises when you begin to consider the FAS options available to PFRS Tier 1 employees. While there are differences among the FAS for PFRS Tier 1 employees, it is important to note that the Department currently employs 59 Tier 1 employees, making up 7% of our current swum personnel; a number which is expected to decrease significantly over the next several years. The Audit suggests that the management of the Buffalo Police Department holds responsibility for granting of overtime. The Audit included bargaining agreements among its list of workpapers and references and bibliography. A review of the Collective Bargaining Agreement between the City of Buffalo and the Buffalo Police Benevolent Association would find that the allocation of overtime is done on a seniority basis. It is likely that most officers who are nearing retirement are among the Department's most senior employees, making the option to take advantage of overtime opportunities one that is theirs to take. The Audit goes on further to state, "we are not suggesting that there is any purposeful activity," regarding the increase in overtime accrued by retirees in their final year. That being the case, it is reasonable to assume that some employee of the Department would have to perform the overtime duties and there would be no difference in the amount allocated toward calculating the pension costs for the Department. The City's pension costs are driven by total personnel costs, of which, overtime is a part of that cost. It is worthwhile to note that over the last several years, the Department has significantly reduced its overtime costs. With respect to the titles and classifications for certain titles and duties, factors surrounding those positions make them eligible for the PFRS retirement system. The Buffalo Police Department has been dedicated to reducing costs and personnel and becoming more efficient for many years. I believe that the results of the audit should have been presented to the Department, offering the Department an opportunity to dispute or agree with the methodology used, as well as the materiality of the information presented, especially when considering that the final users of the audit will use the submission to make decisions and possibly incorrectly infer that the management of the Department is remiss in its duties. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 CITY OF BUFFALO, POLICE DEPARTMENT REQUEST FOR COMMENTS /RECOMMENDATIONS RE: "USE OF SURVEILLANCE CAMERAS TO DETER CRIME IN LA." ITEM #63, C.C.P. 092104 Pursuant to the request dated September 24, 2004 regarding an article titled "Use of surveillance Cameras to Deter Crime in LA," Item #53, C.C.P. 092104, the Buffalo Police Department submits the following response: In reviewing the article from American City and Town, it seemed evident that several factors were involved in the successful decrease of serious crime in MacArthur Park. Those factors include, but are not limited to, professional installation, enlisting resources that are dedicated to a specific function, financial support, proper training and long -term plans for monitoring. While surveillance cameras located in MacArthur Park is the main topic of the article, the article does not dismiss the fact that 10 officers were dedicated to the park area as part of a multi- faceted "attack plan." It stands to reason that LAPD's utilization of officers in the MacArthur Park area resulted in either an increased cost to their department through overtime costs and /or a diminished level of service in some other area. GE Infrastructure, who donated five cameras, aided the LAPD in their acquisition of the surveillance cameras. The financial support provided by GE Infrastructure was certainly a factor in making the LAPD's plan viable. Finally, the Internet link to the Rampart Station and the assignment of an officer, who is familiar with drug trafficking and trained to use the surveillance system, allowed the LAPD to fully utilize the system's capabilities. While the issue of supporting the installation of surveillance cameras with Drug Asset Forfeiture Funds has arisen on several occasions, the model presented in the article makes it clear that proper planning is necessary for the successful implementation of any initiative aimed at reducing crime. Representatives of the Buffalo Police Department have suggested that the Council Members provide areas of particular concern in their respective Council Districts and submit those selections to the Department. The Department would then be in a position to analyze the areas of concern and grade those areas in a manner that would allow the Department to prioritize the requests and choose a prospective site. That site would then receive a more detailed analysis that would determine the viability and likelihood of success of implementing surveillance cameras. Other options would also be considered and the cost /benefit of all options would be weighed in determining a solution to the problems of that area. If the case is such that surveillance cameras are a reasonable option, an RFI could be submitted to local contractors for further enhancement of the plan and bring us closer to a cost for the implementation and monitoring of a surveillance system. Proper planning, which includes both short -term and long -term considerations, is necessary if we wish to expend our limited resources wisely. The Department is willing to consider the use of a surveillance system, but only after full consideration of the long -term costs and benefits of that system have been considered and evaluated. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 ENFORCEMENT OF NOISE ORDINANCES ITEM #161, C.C.P. APRIL 13, 2004 The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance citations and adjudications: RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 27 ADELPHIA BANKRUPTCY ITEMS 30, C.C.P. 11/3/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding the Adelphia bankruptcy. The information provided by Commissioner Joseph Giambra in the above - referenced communication is accurate. It is my understanding that Adelphia is current with all franchise payments to the City of Buffalo. The City is limited with respect to providing any input regarding the bankruptcy matter, and the court makes all final decisions in the bankruptcy action. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 DEMOLITION POLICY FOR THE CITY OF BUFFALO ITEM #123, C.C.P. 10/5/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding the demolition policy for the City of Buffalo. I have researched this issue, and find no legal basis preventing the implementation of the proposed demolition policy for the City of Buffalo. Please be advised that a plan for "reuse" of the property may consist of no plan at all other than a vacant lot. Property owners would only be required to maintain the lot according to the property maintenance code and other relevant ordinances. A demolition permit cannot be denied if the proposed reuse of the property by the owner is legal. This policy should be discussed with the Department of Inspections to ensure the proper implementation of the policy, in order to avoid any conflict with current ordinances and statutes regarding demolitions in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 NFL GRANT I am in receipt of a request from Council Member Davis on behalf of the Finance Committee regarding the Buffalo Raiders Little League Football /Buffalo Bills NFL Fields Program. As per the request of your Honorable Body, I am providing the following information regarding the NFL Grant. I have reviewed an unsigned copy of the agreement between Broadway Fillmore NHS and the Local Initiatives Support Corporation (LISC), the pass through organization for the NFL. The agreement does not refer to any matching funds requirement for receipt of the grant by the NHS. However, there is reference made to a memorandum of understanding that was to be entered into by the City of Buffalo and the NHS indicating the project related costs are to be incurred by both parties. A copy of this agreement has been requested, and I will review the terms of said agreement upon receipt in this office. REFERRED TO THE COMMITTEE ON FINANCE NO. 30 REQUEST TO DISSOLVE WATER BOARD PRIOR COUNCIL REFERENCE: ITEM # 136, C.C.P. 10/19/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding the request to dissolve the Water Board. Pursuant to Public Authorities Law § §1048(f)(8) and 2828, the Water Board may be terminated only after state legislation allowing said termination. In addition, § 1048(0(8) requires the following before the termination of the water board may occur: "The water board and its corporate existence shall continue so long as it shall have contractual duties or obligations outstanding and until its existence shall be terminated by law. Upon termination of the existence of the water board, all of the rights and assets of the water hoard then remaining shall pass to and vest in the city." REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 RESTRICTED USE PERMIT FOR PANO'S RESTAURANT ITEM #131 C.C.P. 11/3/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding the requirement of a restricted use permit for Pano's Restaurant. Buffalo Code § §511 -55 and 511 -56(D) requires a restricted use permit for establishing or extending an eating and drinking place approved by the Common Council. However, the issuance of a demolition permit by the Department of Inspections must be considered separate from the application for the restricted use permit. There is no legal basis for withholding a demolition permit, pending the approval /denial of a restricted use permit application. With respect to the Pano's Restaurant demolition application, the demolition permit application must be considered separate from any restricted use permit application that may be submitted by the owner sometime in the future. These are two separate applications that must be reviewed based on the applicable ordinances for each request. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 32 TAX FORECLOSURE AUCTION C.C.P. 9/7/04 I am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding limiting the first day of the tax foreclosure auction to individuals who intend to reside in the property they purchase. I have reviewed the Real Property Tax Law regarding limiting the first day of the tax foreclosure auction to individuals who intend to reside in the properties they purchase at the auction It would be contrary to state law to enact any legislation limiting who can purchase property at the tax sale. Pursuant to Real Property Tax Law §1136, the sale of any foreclosed properties at a public auction must be open to the public, with no restrictions except those provisions that allow the referee to set aside a sale if a bidder is found to not be a responsible bidder by standards set forth under state law. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 RE- APPOINTMENT OF MEMBERS TO THE BUFFALO SEWER AUTHORITY C.C.P.# 11/3/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding outstanding collections accounts as follows: 1. Eleanor C. Wilson DiVincenzo - See Attached 2. Herbert L. Bellamy, Jr. - None REFERRED TO THE COMMITTEE ON LEGISLATION NO. 34 RE- APPOINTMENT OF MEMBER TO THE BMHA CCP #. 11/3/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding outstanding collections accounts as follows: 1. Robert A. Gianadda, D.D.S. - None RECEIVED AND FILED NO. 35 ELMWOOD AVENUE DEMOLITION MORATORIUM C.CP# 11/3/04 1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following information regarding a proposed demolition moratorium for Elmwood Avenue. I have researched this issue and it appears a demolition moratorium would be legal (pending final review of the proposed regulation) if the following criteria are met: 1.There must be a reasonable nexus between the objective of the demolition moratorium and the need to protect the aesthetic character of Elmwood Avenue. 2. The duration of the moratorium must be limited and temporary in nature, and reasonable in comparison to the stated objective. 3. There must be a rational basis for the moratorium to be enacted. The demolition moratorium must meet the above - referenced guidelines in order to defeat any challenges by property owners that the regulation should be considered a taking of their properties, and an arbitrary and capricious act by the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PERMITS AND INSPECTION SERVICES NO. 36 RESTAURANT DANCE CLASS III 2 TEMPLETON TERRACE (FILLMORE) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class II License located at 2 Templeton Terrace and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from Zoning Office, Fire Department and Building Inspections (per Certificate of Compliance), I find it complies with all regulations and other applicable laws. I have caused an investigation by Police Department into the moral character of John D. Tallichet. The attached thereto for John D. Tallichet d /b /a Shanghai Red's. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 SECOND HAND DEALER 220 ALLEN (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 220 Allen and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Josiah Schultz. The attached thereto for Josiah Schultz d /b /a Allentowns Last Stop. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 SECOND HAND DEALER 2730 DELAWARE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 2730 Delaware and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Justin Jarusz Store Manager. The attached thereto for Justin Jarusz d /b /a Gamestop 2237. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the above communication from the Commissioner of Permit and Inspections Services dated November 8, 2004 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Justin Jarusz Store Manager d /b /a Gamestop 2237 located at 2730 Delaware Avenue. PASSED AYES - 9 NOES -0 NO. 39 SECOND HAND DEALER 1119 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 1119 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Nancy Pollina. The attached thereto for Nancy Pollina d /b /a Don Apparel. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola Moved: That the above communication from the Commissioner of Permit and Inspections Services dated November 1, 2004 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Nancy Pollina d /b /a Don Apparel located at 1119 Elmwood Avenue. PASSED AYES -9- NOES -0 NO. 40 SECOND HAND DEALER 2196 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 2196 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Edward Andres. The attached thereto for Edward Andres d /b /a AAA Used Furniture. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the above communication from the Commissioner of Permit and Inspections Services dated November 1, 2004 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Edward Andres d /b /a AAA Used Furniture located at 2196 Elmwood Avenue. PASSED AYES - 9 NOES -0 NO. 41 SECOND HAND DEALER 1588 HERTEL (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 1588 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Joseph Korona. The attached thereto for Joseph Korona d /b /a Korona Jewelry. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved That the above communication from the Commissioner of Permit and Inspections Services dated November 10, 2004 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Joseph Korona d /b /a Korona Jewelry located at 1588 Hertel Avenue. PASSED AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective November 8, 2004 in the Department of Administration and Finance to the position of Parking Meter Coin Collector, Permanent appointment at the maximum starting salary of $9.25 hour Franklin Lopez Jr., 198 Lovering Avenue, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective: November 8, 2004 in the Department Administration and Finance to the Position of Parking Enforcement Officer Permanent, Appointment AT THE MAXIMUM Salary of $28,688 Russell J. Olivieri, 150 Willett Street, Buffalo, 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective: November 8, 2004 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Parking Enforcement Officer Permanent appointment THE THIRD STEP of $27,218 Daniel D. Tadusz, 99 Homer Avenue, Buffalo, 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 45 "P. SIMON -BFLO. NEWS- CHARTER SCHOOLS ISSUE -TASK FORCE TO BE ESTABLISHED" ITEM NO. RES # 63, C.C.P. 11/3/04 Item no: Res #63, C.C.P. 11/3/04, "P. Simon -Bflo News - Charter Schools Issue -Task force to be Established" The resolution for a moratorium on Charter Schools was presented by and approved by the Board of Education members. A committee will be formed to discuss Charter School issues. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK NO. 46 ITEM RECALLED FROM MAYOR CCP #92- 11/03/04 #123,10/05 DEMOLITION POLICY FOR CITY OF BUFFALO (RES 1 THRU 4) Attached please find the following item recalled from the Mayor on November 15, 2004 which is Now properly before the Common Council for further discussion ADOPTED NO. 47 DOG LICENSING INITIATIVES Dear Budget Committee: Per your request, please find the following "Dog Licensing Initiative" reports: "Dog Compliance Report" indicating results from the street by street dog canvassing initiative that took place from September 20, 2004 through October 31, 2004. The canvass area included approximately 10 % -15% of the entire City of Buffalo. "Dog License Revenue Report" indicating City Dog Revenue accrued during the Dog Canvassing Initiative compared to City Dog Revenue accrued at the same time last year without the use of the Dog Canvassing initiative. "Dog License Compliance Procedures" indicating the "Current Procedures" used for non - renewal of a dog license and dogs that have never had a license compared to the "Proposed Procedures" for renewals and unlicensed dogs that the Office of the Clark is planning to implement. The Office of the Clerk is available to answer any questions this honorable body mg, y have. Gerald A. Chwalinski, City Clerk REFERRED TO THE COMMITTEE ON BUDGET NO. 48 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 69 WEST CHIPPEWA BOTTOMS UP INC BOTTOMS UP INC 101 THEATER PLACE CLUB MARCELLA OF BUFFALO JOSEPH P. GUAGLIARDO 26 VIRGINIA PLACE HOOVER BAY INC HOOVER BAY INC RECEIVED ANDFILED NO. 49 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Tina Vivola, Warren Domblisky Human Resources- Elizabeth Timineri RECEIVED AND FILED. NO. 50 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. CERTIFICATE OF APPOINTMENT Appointment Effective: November 3, 2004 in the Department of Law, Division of Administrative Adjudication to the position of Administrative Law Judge, Seasonal Appointment at the Flat starting Salary of $13.75/hr Katie Nichols Harrod, 79 Custer Street, Buffalo 14214 Appointment effective October 18, 2004 in the Department of Laborer 11, at the flat starting salary of $8.15/hr Timothy M. Johnson, 250 Weston Avenue Buffalo, NY 14215 Kurt J. Heffle Jr, 188 Colombus Ave, Buffalo, NY 14220 Paul Alagna, 23 Lovering, Buffalo, NY 14216 Kevin Mathewson, 47 Pavonia St, Buffalo, NY 14207 NO. 51 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective: November 10, 2004 in the Department of Public Works, to the Position of Senior First Class Stationary Engineer Temporary Appointment at the Flat Starting Salary of: $10.25 Charles E. Buchanan, 128 Altruria Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: November 8, 2004 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the: Flat Starting Salary of: $10.25/hr James T. Conrad, 128 Harding Road, Buffalo 14220 Thomas J. Pyjas, 29 Garvey Avenue, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective November 6, 2004 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $10.25/hr Daniel J. Tattenbaum, 482 Taunton Place, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: 11/5/04 in the Department of Public Works Division of Streets to the Position of Street Worker Permanent, Appointment at the minimum starting salary of $26,779 Gerald Bettingen, 34 Albert Ave., Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: November 3, 2004 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat starting salary of $1025/hr Daniel J. Schamann, 147 Marine Drive Apt 8C. Buffalo, NY 14202 Appointment Effective: November 1, 2004 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat starting salary of $1025/hr Lawrence L. Doctor Jr.29 Boone Street, Buffalo 14220 Appointment Effective: October 30, 2004 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the flat starting salary of $1025/hr Patrick Lonergan, 24 Red Jacket Pkwy, Buffalo, NY 14220 Thomas J. Trevean, 31 Marine Drive Apt 3B, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment Effective 10/29/2004 in the Department of Public Works Division of Streets to the Position of Motor Equipment Mechanic, permanent appointment at the minimum starting salary of $28,999 Max Oesterich, 1 Boone St., Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: November 15, 2004 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Enforcement Officer Permanent Appointment at the minimum starting salary of $25,793 Ingrid A. Jacobsen, 13 Roseville Street Upr, Buffalo, 14210 CERTIFICATE APPOINTMENT Appointment Effective: November 8, 2004 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Enforcement Officer Permanent Appointment at the minimum starting salary of $25,793 Francis Tronolone III, 159 Sterling Ave, Buffalo,14216 David E. Harding, 169 Garner Ave, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective November 8, 2004 in the Department of Law to the position of Assistant Corporation Counsel 11, Permanent Non Competitive at the Starting salary of $55,756 Christopher M. Putrino, 834 Auburn Ave, Buffalo, NY 14222 to the Position of CERTIFICATE OF APPOINTMENT Appointment effective November 8, 2004 in the Department of Law to the position of Assistant Corporation Counsel I, Permanent Non Competitive at the Starting salary of $45,757 Lisa Yaeger, 1461 Amherst St, Buffalo, NY 14214 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 52 ROUTE 5 PAINTING CONTRACT SECOND AMENDED NOTICE NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway This painting contract includes the Route 5 Skyway Bridge and the Ramr from the Southbound Thruway (1 -190) to the Southbound Skyway Bridge the City of Buffalo, Erie County which is being reconstructed under Contract No. D259223 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on July 1,2005.Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation.Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway . 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED No.53 Board Packet Program Attached are the following documents from the November 1, 2004 Joint Schools Construction Board Meeting. Draft Agenda Meeting Minutes from JSCB Meeting dated October 4, 2004 Application and Certificate for Payment No. 27 October 2004 Phase II Application and Certificate for Payment No. 1 - October 2004 Meeting Minutes from the September 27, 2004 Inclusion Committee Inclusion Committee Resolution Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Project - September 2004 Team Progress Report - October 2004 RECEIVED AND FILED NO. 54 INVOICES TOSH COLLINS CAZ ICE RINK I am writing you for help in getting our central station monitoring invoices paid for the Tosh Collins Community Center and Cazenovia Ice Rink. ARC & COMM has on -going contracts with the City of Buffalo which renews automatically unless we are notified in writing 30 days prior to anniversary. On July I, 2004 the county took over the responsibilities of the parks in Buffalo. Per my conversation yesterday with Joe Murphy from Erie county, he expressed that the county has no need for security and will not pay for any security monitoring at any of the locations that they took over. He also stated that the rink was rivatized as of September 2004. It is our feeling that since our contracts are with the City of Buffalo, it is the City's responsibility to straighten out this misunderstanding. Thank you in advance for your assistance in resolving this matter. REFERRED TO THE COMMITTEE ON FINANCE ANDTHE CONMISSIONER OF PUBLIC WORKS NO. 55 Ordinance Amendment Chapter 511 - Zoning, Use Permit Requirement The Common Council of the City of Buffalo does hereby ordain as follows: That Article XXVII and Section 511 -136 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: ARTICLE XXVII [Restricted Use Permit] Human Services Facility Permit 511 -136 [Use] Permit required for Human Services Facilities. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interests of the users of such facilities and the community in general.] A. Legislative Findings and Intent. The Common Council hereby finds that human services facilities provide valuable services to our most vulnerable residents and employment opportunities to all residents that are crucial to the economic well -being of the City of Buffalo. The Common Council finds that locating human services facilities throughout the City of Buffalo is in the best interests of those served and of the neighborhoods of Buffalo. The Common Council recognizes that locating a human services facility in a neighborhood can be a source of concern and by this ordinance seeks to foster communication and cooperation rather than confrontation among and between local facilities and local communities. In enacting this ordinance, the Common Council seeks to avoid a disproportionate distribution of human services facilities and to establish clearly - defined procedures that best meet that goal and serve the best interests of Buffalo's vulnerable residents, neighborhoods and human services facilities. Comment ITF proposes that the legislative findings and intent be amended to more accurately portray the critical role of human service facilities in our community. The amendment softens the tone of the current provision, which comes off as exclusionary. The amendment also more convincingly depicts the democratic purpose of the ordinance, which is to balance interests which may be seen as competing. The current provision tends to treat the human service facility as a plague to be eradicated rather than as a necessity to be accommodated. Cf. "Declaration of legislative findings and intent... "accompanying Padavan Law, L. 1978, c.468, Sec. 1, attached. B. Regulated uses. Effective July 1, 1995, no public or private entity shall establish a food panty, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, but not including places of worship and religious facilities, schools and dormitories, hotels and motels, rooming houses or the administrative offices of a human services facility, in any R or C District in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. Comment: ITF proposes that the Permit requirement be limited to R and C zoning districts, because there is no legislative finding that "over concentration" has ever been a concern in any other Zoning Distict. To burden human service providers (and their clients) with the requirement in those other Districts would leave the Ordinance open to equal protection rationality challenges based on overbreadth. Similarly, ITF proposes language clarifying that certain types of facilities are beyond the reach of the Ordinance, because they are not perceived by the Council or the electorate as contributing to any "over concentration" of human service facilities. C. Application to Zoning Board for Human Services Facility Permit. Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board an application for a Human Services Facility Permit in the following manner, on forms to be supplied by the Department of Permit and Inspection Services. Said forms shall be filled out by the applicant and approved as to form by the Department. Thereafter, the applicant shall file said form with the Department, together, except in the case of a government agency applicant, with the filing fee provided in Chapter 175, Fees, for an application for a Restricted Use Permit. The Department shall forward such application to the Zoning Board, and copies thereof to the Councilmember in whose District the Facility is proposed to be located and the City Planning Board, for their review and advisory recommendation, if any, not later than five U business days after the filing of the application. The District Councilmember may require a face -to- face meeting with the applicant, to be had within fifteen (15) business days of the filing of the application, to discuss the application. At any time the applicant may withdraw the application without prejudice to subsequent applications. Such a withdrawal will terminate the process set forth in this Article. The application shall contain a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. [The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any.] The Zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. Comment: The ITF amendments supply much - needed clarification and explication of the specifics of the application procedure. For instance, at the February 24, 2004 Legislation Committee meeting, a full eight months after the effective date of the current ordinance, the Planning Board and not the Zoning Board was still ruling on the concentration issue. Moreover, there were no procedures then yet in place for even making an application to the Zoning Board. The ITF proposal also brings the Ordinance more into compatibility with the provisions of The Code of City Of Buffalo, Sec.511 -122, governing Applications to the Zoning Board, with respect to application fees and the role of the Department of Perm# and Inspection Services. The current ordinance significantly conflicts with that provision, in our opinion. In addition, the ITF proposal eliminates the "proof of a negative" standard prescribed in the current ordinance, which places a logically impossible burden on the applicant to explain how the proposed use would not adversely impact the nature and character of the area in which the facility is proposed to be based. The proposal also eliminates the requirement that the applicant demonstrate the "need for such use at the proposed location...; which could be used to arbitrarily deny any application for the reason that the facility could also be reasonably located across the street or next door. Certainly, based on the information required to be submitted and the open -ended information - gathering power given the City in the final clause, the Zoning Board will be able to make an informed decision on the "nature and character" issue, without prejudicing the fact - gathering process in favor of The Padavan Law (Mental Hygiene Law Sec. 41.34) absolutely does not require a sponsoring agency to prove a negative or to show that a proposed site is uniquely suitable. Indeed, the statute and case law decided under it make it clear that the objecting municipality has the seldom -met burden of showing that "concentration" would "substantially alter..." "the nature and character of the area...". Finally, the ITF proposal expands the role of the District Councilmember, allowing the Councilmember to require a face -to -face meeting with the applicant. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. In determining impact, the Zoning Board shall presume that the nature and character of the area is not altered if fewer than five U percent of the number of parcels within a one -half (V2) mile radius of the proposed Facility are devoted to land uses regulated under this Article. The Zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within [120] 60 days after receiving an application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions, as specified in sub - paragraph E., or deny the application. Comment: ITF proposes an objective 5% standard to guide the Zoning Board in determining whether the concentration level substantially alters the nature and character of the area in which the facility is to be located. ITF also proposes an objective definition of "area" as the neighborhood within a % mile radius of the proposed facility. The 5% and % mile figures are drawn from the original ordinance, effective July 10, 1995. ITF proposes their reintroduction to speak to the Attorney General's criticism that the old ordinance had been ':..applied in an uneven and inconsistent manner." The absence of objective standards in the current ordinance makes it more offensive, not less, to the Attorney General's concerns. See, letter of James M. Morrissey, Assistant Attorney General, to Darryl McPherson, Assistant Corporation Counsel, dated November 22, 2002, attached. If there is no objective standard, arbitrary, political decisions based upon the amount and nature of neighborhood opposition, rather than concentration, are a certainty. Planning by providers of these indispensable services is thrown into disarray in such an atmosphere of uncertainty. While the Padavan Law contains no objective definitions, its siting approval process is more circumscribed, its reach being limited to small residential facilities operated by two state agencies. Even given Padavan's limited scope, that statute's lack of definition of the concepts of "area" and "concentration" has resulted in a multiplicity of wasteful lawsuits, which the facilities almost always win. See, for example, Jennings v. OMH, a Court of Appeals case, attached. The 5% "concentration" level is well below minimum "tipping point" percentages established in sociological studies of neighborhood integration. The % mile radius figure comports with common -sense experience as to the size of a "neighborhood ". Indeed, the size of the area, so defined, is approximately equal to the area of the average City of Buffalo census tract. A census tract, usually consisting of approximately 2000 to 4000 people, is recognized as a viable sociological substitute for a subjectively - defined neighborhood in studies in an urban environment. The time frame in which the Zoning Board must make its decision has been shortened from 120 days to 60 days to reduce an unacceptable burden on providers' ability to plan with some degree of certainty. E. Conditions on approval. In [the event of an approval] instances in which more than 5% of the number of parcels within a 1/2 mile radius of the proposed facility are devoted to land uses regulated under this article, the Zoning Board may attach such conditions as are necessary [ or desirable - judgment] to ensure the compatibility of the with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning Board approval. Nothing contained herein shall preclude the Zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. Comment: The ITF proposal limits the ability of the Zoning Board to "condition" conforming uses out of existence. First, it allows "conditions" only when the concentration standard is exceeded. Thus, the conditions would allow an approval, when, without those conditions, the Zoning Board would likely find that the nature and character of the area is altered, because the concentration standard is exceeded. (It should be noted that the ITF interprets its proposed amendments, as set forth in this sub- paragraph and others, as permitting the Zoning Board to grant a permit without conditions even when the concentration standard is exceeded. Similarly, the Board could conceivably deny a permit when the concentration standard is not exceeded, if it makes sufficient factual findings to overcome the presumption in such low concentration cases that the nature and character of the area is not altered.) Second, the ITF proposal limits the discretion of the Zoning Board to impose conditions which it deems desirable, but not necessary. To preserve balance and democratic principles, and to ensure the peace and well -being of the community, the essential nature of these social services and the civil rights of those served must always be kept in mind; the "desirable" language trivializes both. F. [Denial of] Decision on application. The Zoning Board shall grant an application if it is determined that the nature and character of the area in which the facility is to be based would not be substantially altered as a result of the establishment of the facility. The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial. A certified copy of the Board's decision, including all terms and conditions, shall be transmitted to the Commissioner of Permit and Inspection Services and shall be binding upon and observed by the Commissioner, who shall fully incorporate such terms and conditions of the decision in the permit whenever a permit is authorized by the Board. Comment: Balance. Balance. Balance. The added section makes it clear that the Board's function can also include the authorization of a permit, that it is not there just to deny or approve with conditions. Tracking and modernizing the language of the Code of the City of Buffalo, Sec. 511- 123., governing decisions of the Zoning Board, it also specifies that the decision must be forwarded to the Department of Permit and Inspection Services, which must physically issue a permit if the decision authorizes a permit. This is to avoid the confusion evident at the February24, 2004 Legislation Committee meeting about just what constitutes a "permit, "and to give providers the assurance of physical evidence of a permit other than Board minutes. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. J. Effective date and expiration. This article shall take effect on July 1, 1995, and shall expire on July 1, [2004]2005. K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD THE CORPORATION COUNSEL AND THE ZONING BOARD OF APPEALS NO. 66 ADVERTISING ON GARBAGE /RECYLE BINS In these trying fiscal times, don't you wish there was a new source of revenue for your city? Not by levying new taxes ... or increasing fees ... just an easy, no hassle way to help fill the funding gap. I'm certain you're interested in generating additional income for your city wherever possible. We're here to help. Our company, CarteMedia, Inc., has developed a new source of revenue for cities. We are a marketing -based company that sells advertising signage on the residential rolling waste carts (bigger than yet similar to the enclosed "mini" cart) and recycling bins that are located in the garages and driveways of your city's homeowners. We share those revenues with your city. There's no financial risk ... and no investment required. We pay your city ... you never pay us. Enclosed please find our company brochure that details our comprehensive two - pronged flagship program, CarteMedia & CarteCarde. With CarteCarde, your residents get free benefits too! Keep in mind, however, that we're interested in forming a long -term relationship with your city. We'd welcome any additional opportunities to generate new revenues for you by selling ads that can be affixed to other municipal assets. Please visit our website at www.cartemedia.com. Then, for a free analysis of the revenue opportunities available to your city or for more information, please contact my associate, Michael Paul, our Director of Market Development at cities @cartemedia.com or at 612- 961 -5130. Or, contact me directly at 612- 483 -5271. REFERED TO THE COMMITTEE ON LEGISLATION NO. 57 STATUS OF HUD HOME FUNDING Enclosed is a copy of a resolution sponsored by Majority Leader Marc A. Coppola, which was adopted by the Council and referred to the Community Development Committee. Please forward a copy of HUD's review completed in 2003 & 2004 and a copy of the recent plan submitted by your department to HUD regarding HOME funds. The Council needs to be made aware of the circumstances requiring the city to return $3 million to HUD for the three projects mentioned in the resolution. The Council also needs to be made aware of what steps are being taken to prevent similar problems from occurring in • the future. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 WATER MERGER BUFFALO WATER SYSTEM & ERIE COUNTY WATER AUTHORITY Comptroller Hevesi asked me to respond to the resolution of the City of Buffalo's Common Council that requested a review of the proposed water merger of the Buffalo Water System (BWS) and the Erie County Water Authorities (ECWA). Our office has done a cursory review of certain financial aspects of the proposal, but given the number of uncertainties involved in the overall proposal, it is difficult for us to project the exact financial impact of the potential merger. The issue is further complicated by the number of policy decisions that must be made by local officials, involving rate structures, senior citizen discounts and control of the water system. The Buffalo Water Board (Board) has suffered net losses aggregating $10.4 million over six years, leaving a fund balance of $2.3 million at June 30, 2003. The June 30, 2004 financial statements show a balance of $2.8 million, but that amount includes revenue from a one -time grant of $1.2 million. Cash -flow problems have required the Board to defer payment of $4.8 million in contractual payments. We project that the Board will continue to face net losses in spite of a rate increase of 10 percent this year and an additional increase of 10.5 percent in 2005 -06. If this net -loss trend continues, we calculate that the Board will have a negative fund balance by the end of the 2005 -06 fiscal year. An operating agreement between the BWS and the City of Buffalo (dated September 24, 1992) requires that the Board pay $4 million to the city each year. The agreement also provides for the amount to be increased each year for the term of the agreement. Over time, the Board increased the amount of the payment to $4.4 million, but the payment has remained constant since that point. If the proposed merger is accepted, the city would experience a short -term, increased revenue stream. The ECWA would pay $31.5 million to the city over the next six years in annual payments ranging from $4.9 to $5.3 million. However, the city would lose the annual payments of $4.4 million from the BWS, that are supposed to continue for the term of the operation agreement. Given the tenuous financial condition of the BWS and its need to increase capital spending, there is a definite risk that the Board will not be able to continue this annual payment to the city without further significant increases in water rates. According to the BWS capital plan put into effect in 2003, the city will spend $200 million on capital improvements over a 10 -year period. Because this plan is linked to covenants with bondholders, the total planned investment must be met. In 2004, the city spent $9.4 million on capital improvements. To meet the requirement of $200 million over 10 years, the city will have to sustain an average expenditure of $20 million per year or twice what was spent in 2004. If the ECWA is able to use low- interest financing through the Environmental Facilities Corporation to refinance existing debt, it would be able to end the bond covenant requiring capital improvements and reduce interest costs. Any reduction in costs could help stabilize rates charged to users. Another issue that needs to be considered by the Common Council is how much local control of water rates the city wants to maintain. For example, the proposed merger agreement requires ECWA to continue the BWS policy of providing discounted rates to low- income senior citizens, and to commercial users. However, the merger agreement does not state a specific duration that the ECWA must continue to offer these discounted rates. In addition, there would be a charge for water supplied to City of Buffalo buildings of $250,000 that would be collected as an additional charge added to water bills of city residents. I hope this information is helpful to the Common Council as you consider the proposed merger of the BWS and ECWA. If you have further questions on this issue please contact Robert Meller, Chief Examiner in our Buffalo office at 716- 847 -3647. REFERRED TO THE COMMITTEE ON FINANCE NO. 59 EXTENSION OF LIGHT RAIL SYSTEM I acknowledge receipt of your letter of October 20, 2004 with a copy of the Resolution adopted by the Common Council, "Government Association Support for Metro Rail, Res. #130 C.C.P. October 19, 2004. As we express our appreciation for the Common Council interest in the extension of our Light Rail system, this is a rather complex issue that today is subject to several requirements of the Federal Transit Administration. We are preparing a comprehensive response to your request and will file it with the City Clerk's office in the next few days. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 Application to Establish a Portable Concrete Batch Plant at 242 Hopkins Street, Buffalo, New York (the "Project ") This firm represents Lafarge North America Inc. (hereinafter "Lafarge" or "Applicant ") and we submit this Letter of Intent in support of Lafarge's application for Site Plan approval from the Planning Board and a Restricted Use Permit from the Common Council pursuant to the Charter and the Code of the City of Buffalo (hereinafter "Code "). Lafarge seeks to establish a seasonal portable concrete batch plant (the "Facility ") at its property located at 242 Hopkins Street, Buffalo, New York (the "Project Site" or "Site "). The Project Site had previously been operated as a concrete block plant by Lafarge will use the existing structures on the Site as part of the Facility. The Facility includes the establishment of a portable concrete batch plant as shown in Exhibit "C," the construction of aggregate storage bins and stilling and holding basins to manage rinse water used to rinse concrete delivery vehicles, see Exhibit "A." In addition to the infrastructure associated with the portable concrete batch plant, Lafarge proposes to install additional landscaping along the Hopkins Street frontage and an employee parking area at the rear of the Site. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 FINAL AVERAGE SALARY (FAS) COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 62 Re: CSEA Letter dated 11/03/0 -1 regarding Elimination of the BMHA Public Safety Department) Buffalo Municipal Housing Authority's Public Safety Department will be eliminated in June 2005 by authority of the executive director, Sharon West. It is her intention to disband our department leaving the residents of the housing developments without the protection they have relied on for the past 32 years. A recent FBI study indicated the City of Buffalo had a 30% increase in crime. Most of which were violent crimes. Can this city really afford to lose 30 officers whose funding comes from the federal government? Of the 12,000 calls per year answered by the Public Safety Department, many are violent in nature but just as many involve quality of life issues. Such as lockouts, maintenance issues, crime prevention programs and tenant dispute resolutions. These services are what make living in public housing attractive to our residents. Without a Public Safety Department the tenants will likely experience fewer routine patrols causing an increase in nuisance calls (gangs on corners), drug sales, violent crimes and an overall decrease in public safety. The Control Board believed the unions needed to help pull the city from financial debt. We agreed to do our part. In June of 2003 during contract negotiations our department conceded to nearly $4,000.00 per officer for holiday pay. We accepted 0 %, 0% and 3% for cost of living raises (which were not received due to wage freezes). We gave up 1 hour of court time on every court appearance. Two lieutenants and two sergeants volunteered for demotions. We now pay a higher percentage of our medical contribution. And we agreed to 12 layoffs by December 31, 2005. We believe we've been fair and reasonable in helping to reduce costs of running this department without jeopardizing the safety of our residents. Our union was willing to negotiate in good faith and in return we will receive pink slips. What kind of message does this send? REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 REORGANIZATION OF STAFF The Board of Commissioners is requested to approve the reorganization of staff because of a reduction of subsidy and move into project based staff structure. The Occupancy Department will be merged with the Management staff There will be staff assigned to take apartment applications from a central location and manage the citywide waiting list. Applications will also be taken on site at management offices. Occupancy staff will be reassigned to management offices to process applications and lease apartments. The Public Safety department will be merged into the Management department under the leadership of a Commander who will report to the Director of Management. The public safety staff will operate under a chain of command and will continue with their existing responsibilities. The City of Buffalo Common Council has requested that any changes in operation not be implemented until they have had an opportunity to discuss those changes with the staff and Board of Commissioners. Any subsequent changes in public staff operations are deferred until those issues are solved. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 O. Rayford, Agent, Use 242 Hopkins- Concrete Batch Plant(South) (HRG 11/23) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 65 Louise McClioe, Agent, Use 184 Goodell, Ground Sign The attached is for Common Council Approval; but per Permits, no public hearing is required REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) NO. 66 Notices of Appointments Temp /Prov /Perm (ccp# 54, Sept 3) That the above item be and the same hereby is Received and Filed ADOPTED FINANCE (Brian C. Davis, Chairman) NO. 67 Req. For Info. From Police Dept. on Unsolved Homicides in COB (ccp# 163, July 20) (ccp# 93,6/8) (ccp# 34,5/11) That the above item be and the same hereby is Received and Filed ADOPTED NO. 68 Est. of a Cold Case Squad (Exc.2 Res.) (ccp# 164, July 20) (ccp# 117,4/27) That the above item be and the same hereby is Received and Filed ADOPTED NO. 69 Est. of a Cold Case Squad (ccp# 165, July 20) (ccp# 38,5/25) That the above item be and the same hereby is Received and Filed ADOPTED No. 70 Audit Petty Cash Funds 2004 (Compt) (ccp# 10, Sept 21) That the above item be and the same hereby is Received and Filed ADOPTED No. 71 Police & Fire Retire. Pension (PFRS) Versus Employment Retire System (ERS) (Compt) (ccp# 13, Sept 21) That the above item be and the same hereby is Received and Filed ADOPTED No. 72 Purchase Vehicles - Maintenance Fleet Replacements (Item No. 29, C.C.P., Nov. 3, 2004) That the Department of Public Works, Parks and Streets be, and he hereby is authorized to buy five (5) new trucks to replace aging vehicles in the traffic and street repair daily maintenance fleet. Funds for the purchases are available in '04 -05' O &M budget supplemented with fund s from Capital Project Accounts #30057406 and #30032106 in an amount not to exceed $150,000. PASSED AYES -9- NOES -0 No. 73 Request Public Works Commissioner Provide Info. - Proposed Merger - Water Systems (Item No. 49, C.C.P., July 6, 2004) Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 74 Buffalo Water Board - Sale of Water to Erie County Water Authority (Item No. 47, C.C.P., Sept. 7, 2004) Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO.75 J. Campolong - American Water Consolidation w /Buffalo Water System (Item No. 46, C.C.P., Sept. 21,2004) Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 76 Fire Department Demolitions (Compt) (ccp# 12, Sept 21) That the above item be and the same hereby is Received and Filed ADOPTED NO. 77 Response Audit Fire Demolitions (Permits) (ccp# 26, Oct 19) That the above item be and the same hereby is Received and Filed ADOPTED NO. 78 L. Sconiers -Towne Gardens LTD. -Bldg Water Sewer Charges (ccp# 65, Oct 19) (ccp# 4,6/3) (ccp# 71,2/17) (ccp# 96,7/22) (ccp# 55,4/27) Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 79 Urban Area Security Grant, Year 2/2004 funds (Item No. 34, C.C.P., Nov. 3, 2004) That the Commissioner of Police be, and he hereby is authorized on behalf of the City to accept from the U.S. Department of Homeland Security for urban area security and homeland preparedness. The City of Buffalo's share of funding is a total of $3,061,970. PASSED AYES -9- NOES -0 NO. 80 First Quarterly Report Div of Substance Abuse Serv. (Comm Serv) (ccp# 49, Nov. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 81 B. Davis -G. Cole -Demo At 382 Maryland (ccp# 79, Nov. 3) (ccp# 51,3/2) (ccp# 64,10/19) That the above item be and the same hereby is Received and Filed ADOPTED LEGISLATION (Richard A. Fontana, Chairman) NO. 82 P. Gerviss, Petition to Use 32 Hertel Avenue - Freestanding Signs (Item No. 65, C.C.P., Nov. 3, 2004) That the petition of P. Gerviss, agent, for permission to use 32 Hertel Avenue for 2 ground signs and 1 sign on a canopy, including the canopy installation to the apartment complex, and hereby is approved. PASSED AYES -9- NOES -0 NO. 83 O.Rayford, Agt, use 242 Hopkins- Concrete Batch Plant (South) ccp# 139, Sept. 7 That the above item be and the same hereby is Received and Filed ADOPTED NO. 84 Wholesale Junk Dealer License - 41 Hannah (Item No. 44, C.C.P., Nov. 3, 2004) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 85 Scrap Processor Dealer License - 41 Hannah (Item No. 43, C.C.P., Nov. 3, 2004) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 86 Council- Manager form of Government for the City of Buffalo (Item No. 288, C.C.P., July 20, 2004) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 87 A. Thompson - Carolina Journal Exclusion -Local Gov Consolidation Stalls (ccp# 58, Oct. 5) That the above item be and the same hereby is Received and Filed ADOPTED NO. 88 A. Thompson- Oppose Opening Deli Store 107 Wakefield Ave. (ccp# 59, Oct. 5) That the above item be and the same hereby is Received and Filed ADOPTED NO. 89 A. Thompson- Oppose Opening Deli Store 107 Wakefield Ave. (Masten) (Permit) (ccp 46 Nov. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 90 Unacceptable Delay in Appointing A Fire Commissioner (Ex Ist Res) (ccp# 135, Oct. 5) That the above item be and the same hereby is Received and Filed ADOPTED NO. 91 Dedication of Predinct 12 in Memory of D. Lewis (Pol) (ccp #22, Oct. 19) That the above item be and the same hereby is Received and Filed ADOPTED PETITIONS NO. 92 RE- APPOINTMENT TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY (ITEM NO. 2, C.C.P., NOV. 3, 2004) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved That the re- appointment of Robert A. Gianadda, D.D.S., residing at 90 Lexington Avenue as a member of the Buffalo Municipal Housing Authority for a five year term commencing immediately and expiring October 19, 2009, be and it hereby is approved. PASSED AYES - 9 NOES -0 NO. 93 APPOINTMENT OF MAYOR'S TASK FORCE ON HOUSING (PERMITS) (CCP# 40, NOV. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 94 LOCAL LAW INTRO. NO. 14 (2004) - BUFFALO SPECIAL POLICE OFFICERS (ITEM NO. 125, C.C.P., NOV. 3, 2004) That after the public hearing before the Committee on Legislation on November 9, 2004, the Local Law as contained in Item No. 125, C.C.P., November 3, 2004, be and the same hereby is approved. PASSED AYES - 9 NOES -0 NO. 95 ORD AMEND ARTICLE 13 DEPARTMENT OF POLICE (CCP# 98, NOV. 3) (CCP# 122,10/19) That the above item be and the same hereby is Received and Filed ADOPTED NO. 96 SUPPORT FOR BUFFALO SPECIAL POLICE VOLUNTEERS (EXC FIN 2 RES)(POL) (CCP# 99, NOV. 3) (CCP# 21,10/5) That the above item be and the same hereby is Received and Filed ADOPTED NO. 97 BUFFALO SPECIAL POLICE(LAW) (CCP# 100, NOV. 3) (CCP #40,4/13) (CCP# 96,10/5) That the above item be and the same hereby is Received and Filed ADOPTED NO. 98 QUESTION RE PANO'S EXP REQUIRE A RESTRICTED USE PERMIT PRIOR TO DEMO PERMIT(2 RES) (CCP# 131,11/3) That the above item be and the same hereby is Referred to the Committee on Community Development ADOPTED NO. 99 EST HAT TUBMAN HOLIDAY - COB -ORD AMEND -CH 30 DEC 3 (EX F 2 RES) (CCP# 82, NOV. 3) (CCP# 221,3/20) That the above item be and the same hereby is Received and Filed ADOPTED AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES - DAVIS - 1 NO. 100 REQ. TRAILBLAZER SIGNS - WOODLAWN AVENUE - "PASTOR JACQUELINE A. FOYE" (ITEM NO. 142, C.C.P., OCT. 5, 2004) (ITEM NO. 102, C.C.P., NOV. 3, 2004) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Woodlawn Avenue between Fillmore Avenue to Kehr Street proclaiming that portion as "Pastor Jacqueline A. Foye Way." PASSED AYES - 9 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 101 J. BAMACK- NYSDOT- KENSINGTON EXPRESS SAFETY /OPER. ANALYSIS (CCP# 134, OCT. 15) (CCP# 63,4/2) That the above item be and the same hereby is Received and Filed ADOPTED NO. 102 F. LUHR -SUPP. DRAFT ENV. IMPACT STATE -ERIE CANAL HARBOR PROJECT (CCP# 57, JULY 6) That the above item be and the same hereby is Received and Filed ADOPTED NO. 103 COB'S EXPECTATION -GRAND PEACE BRIDGE EXPANSION PROJ.- (EXC. FIN. 2 RES.) (CCP# 86, APR. 27) (CCP# 131,4/13) That the above item be and the same hereby is Received and Filed ADOPTED NO. 104 D. BONIFACIO -J. BELT-"ELEMENTS OF A GRAND PROJECT" (CCP# 29, JAN. 20) That the above item be and the same hereby is Received and Filed ADOPTED NO. 105 INTERNATIONAL WATERFRONT GATEWAY STRATEGY FOR BFLO. /FT.ERIE (CCP# 21, APR. 28) That the above item be and the same hereby is Received and Filed NO. 106 BRUCE CAMPBELL -PEACE BRIDGE EXP. PROJ. -PROJ. MILESTONE 1 -RAT. OF FINAL SCOP. DOC. /ALT. SCREENING RPT. (CCP# 34, FEB. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 107 D. BONIFACIO -CARGO RULES -PEACE BRIDGE & OTHER BORDER CROSSINGS (CCP# 112, SEPT. 7) That the above item be and the same hereby is Received and Filed ADOPTED NO. 108 D. BONIFACIO='NIAGARA PENINSULA TRADE CORRIDOR PROJECT" PROJECTED BY AMBASSADOR GRP. (CCP# 43, SEPT. 21) That the above item be and the same hereby is Received and Filed ADOPTED NO. 109 ADDRESSING THE PROBLEM OF REAL ESTATE FLIPPING IN BUFFALO (ITEM NO. 133, C.C.P., OCT. 5, 2004) That the Common Council believes that the practice of real estate flipping is a problem that needs to be addressed. ADOPTED NO. 110 ADDRESSING THE PROBLEM OF REAL ESTATE FLIPPING IN BUFFALO (PERMITS) (CCP# 39, NOV. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 111 M. SZCZEPANIEC- CONCEMS- SWAPPING OF PROPERTY FOR POTENTIAL NEW FIREHOUSE 10/19/2004 (CCP# 64, NOV. 3) That the above item be and the same hereby is Received and Filed ADOPTED NO. 112 ACQUISITION OF 1731 & 1733 SENECA AND 497 SOUTHSIDE PARKWAY FOR NEW FIRE FACILITY (ITEM NO. 3, C.C.P., OCT. 19, 2004) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Office of Strategic Planning, Division of Real Estate, to negotiate the acquisition of the above listed properties and report the results of those negotiations back to the Common Council for final approval. PASSED AYES - 9 NOES -0 NO. 113 FIRST QUARTER REPORT YEAR 30 BLOCK GRANT PUBLIC SERVICE (COMM SVS) (CCP# 30, OCT. 19) That the above item be and the same hereby is Received and Filed ADOPTED NO. 114 ACCEPTANCE OF YEAR IX LOCAL LAW ENFORCEMENT BLOCK GRANT 2004 -2006 (ITEM NO. 7, C.C.P., NOV. 3, 2004) That the Director of Citizen Services be, and he hereby is authorized on behalf of the City to accept a Local Law Enforcement Block Grant from the U.S. Department of Justice as listed in the above communication. PASSED AYES - 9 NOES -0 NO. 115 M. MASIELLO -MEMO REGARDING STRUCTURE RECREATION ACTIVITIES & AUDIT LEAGUES (CCP# 46, OCT. 19) That the above item be and the same hereby is Received and Filed ADOPTED NO. 116 RESULTS NEG 357 JEFFERSON VACANT LOT(ELL)(STRAT PLAN) (CCP# 9,11/3) That the above item be and the same hereby is Referred to the Committee on Finance ADOPTED NO. 117 RESULTS OF NEGOTIATIONS - 592 SWAN STREET (ITEM NO. 13, C.C.P., NOV. 3, 2004) That the offer from Mr. Robert Rieker, residing at 578 Swan Street, in the sum of one thousand and two hundred dollars ($1,200.00) for the purchase of 592 Swan Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 COMMUNITY DEVELOPMENT NO. 118 RESULTS OF NEGOTIATIONS - 557 WINSLOW (ITEM NO. 14, C.C.P., NOV. 3, 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 Thomas Burton, attorney at law, representing Tatanka Development Company, Inc., in the sum of five thousand and two hundred dollars ($5,200.00) for the purchase of 557 Winslow, 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 - 9 NOES -0 NO. 119 TRANSFER 286 OAK FROM THE COB TO BURA(ELL)(STRAT PLAN) (CCP# 15,11/3) That the above item be and the same hereby is Referred to the Committee on Finance ADOPTED NO. 120 TRANSFER OF TITLE UHP 228 MULBERRY ST(ELL)(STRAT PLAN) (CCP# 18,11/3) That the above item be and the same hereby is Referred to the Committee on Finance ADOPTED NO. 121 BUFFALO BROWNFIELD REDEVELOPMENT REDEVELOPMENT FUND ITEM# 133 CCP# 133 11/3/2004 Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. RECOMMITT NO. 122 BUDGET & PERSONNEL AMENDMENT 03- EXECUTIVE DEPARTMENT 1509 - STRATEGIC PLANNING 1511 - ZONING (ITEM NO. 135, C.C.P., NOV. 3, 2004) That the Budget & Personnel Amendment as contained in Item No. 135, C.C.P., November 3, 2004, be and the same hereby is approved. PASSED AYES - 9 NOES — 0 RESOLUTION NO. 123 SPONSOR: MR. BONIFACIO CO- SPONSORS: MR. DAVIS, MR. GOLOMBEK, MR. THOMPSON, MR. COPPOLA, MR. FRANCZYK MRS. RUSSELL OPPOSITION TO ELIMINATING HOUSING AUTHORITY POLICE OFFICERS Whereas The protection of the public should be the highest priority for government officials; and Whereas The Housing Authority Public Safety Department provides a valuable service in responding to 8,000 to 10,000, 911 calls per year; and Whereas Since January 1, 2004, public safety officers have made 250 felony arrests and seized 30 illegal guns; and Whereas It has been reported that the Housing Authority lost $1 million in funding last year and $1.2 million this year; and Whereas During the Council's budget deliberations in May, financial reports showed that the BMHA had a budget surplus of approximately $8 million; and Whereas Instead of eliminating housing police officers other cities such as Chicago, New York and San Francisco have merged their city and housing police forces; and Now Therefore Be It Resolved: That the Council is opposed to eliminating Housing Authority Police Officers. Be It Further Resolved: That the Council requests a response from the Buffalo Municipal Housing Authority explaining funding reductions, what budget cuts have been considered to address funding reductions, the status of the BMHA budget surplus and the plan for funding and operating the Public Safety Department. Be It Further Resolved: That the Council requests a response from the Mayor, the Police Department, the Corporation Counsel and BMHA as to the feasibility of merging the BMHA Public Safety Department with the Buffalo Police Department. Be It Finally Resolved: That this item be referred to an appropriate Committee of the Council for further consideration. ADOPT 1St, 2 nd 3rd RESOLVE THE the 4th REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 124 BY MR. BONIFACIO PERMIT PILGRIM ST. LUKE'S TO HANG BANNER ON RIEHMOND AVENUE Whereas: The Pilgrim St. Luke's United Church of Christ requests permission to hang a banner on Richmond Avenue near West Utica to raise community awareness and promote "God is Still Speaking "; and Whereas: This banner will hang from November 29, 2004 until December 31, 2004; and Whereas: The City of Buffalo proudly supports the Pilgrim St. Luke's United Church of Christ, and its efforts to raise community awareness; and Now, Therefore Be It Resolved: That the City of Buffalo hereby permits Pilgrim St. Luke's United Church of Christ to hang a banner on Richmond Avenue near West Utica from November 29, 2004 to December 31, 2004 to promote "God is Still Speaking" in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO. 125 SPONSORS: MR. DAVIS, MR. THOMPSON RE: REPEAL TWO -WAY TRAFFIC FOR MICHIGAN AVENUE AND MASTEN AVENUE Whereas: Michigan Avenue and Masten Avenue has been recently changed from a one -way street to a two -way street, and Whereas: The change of these streets has taken place beginning from North Street to East Ferry Streets; and Whereas: Residents of these streets have not been made aware of such changes to these streets; and Whereas: It is essential that public comment and input is very important when such changes occur that may ultimately affect their safety; and Whereas: It has been alleged that several accidents occurred on Michigan Avenue since such conversion of this street from a one -way to a two way street. Two of these accidents required emergency services and two may not have. Now Therefore Be It Resolved: That the Commissioner of Public Works begin the necessary steps to change Michigan Avenue and Masten Avenue back to a one -way street; and Be It Further Resolved: That the Commissioner of Public Works outline to this honorable body the process and criteria necessary for such conversions; and Be It Further Resolved: That the Commissioner of Police reports to this honorable body the number of accidents occurred on Michigan Avenue and Masten Avenue from October 1, 2004 to the present. This information should be furnished for the blocks beginning at North Street to East Ferry Street; and Be It Finally Resolved: That this resolution remain in the legislation Committee until deemed no longer necessary. ADOPT 2nd & 3rd RESOLVE, REMAINDER TO LEGISLATION NO. 126 BY: MR. FONTANA BEGIN EMINENT DOMAIN PROCEEDING ON 1070 SENECA STREET WHEREAS: Roughly 21 acres of undeveloped property exists at the above location within the Seneca - Babcock neighborhood; and WHEREAS: The need for clean developable land is at an all time high in the city with efforts to create jobs and expand the tax base; and WHEREAS: The Seneca - Babcock Urban Renewal Plan calls for the acreage to be used for a new city light industrial office park; and WHEREAS: The plan calls for no offensive uses that create dust, or other pollutants; and WHEREAS: With other city office parks near 100% full, the city must take steps to acquire land to develop in order to further job creation opportunities within the city. NOW THEREFORE BE IT RESOLVED THAT: The City Common Council requests the Law Department to begin Eminent Domain proceedings on 1070 Seneca Street. BE IT FURTHER RESOLVED THAT: The Law Department and Division of Real Estate take immediate action to acquire the aforementioned property. PASSED AYES - 9 NOES -0 NO. 127 BY: MR. FONTANA LOCAL LAW NO. 11 (2004) INTRODUCTORY NO. 15 (2004) A LOCAL LAW amending Article fourteen of the Charter of the City of Buffalo in relation to Deputy Commissioners of Fire. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 14 -4, Deputy Commissioners of Fire, of the Charter of the City of Buffalo be amended to read as follows: 1. There shall be [two] three deputy commissioners of fire in the exempt class of the civil service, with power to act generally for and in place of the commissioner of fire, who shall be appointed and removed at the pleasure of the commissioner of fire and shall perform such other and additional duties as may, from time to time, be assigned to them by the commissioner of fire. On the removal, as herein before provided, of a deputy commissioner of fire, who, at the time of appointment as a deputy commissioner of fire was a member of the department of fire, he or she shall, before such removal becomes effective, be restored at his or her request to the rank and duty held at the time of appointment. Section 2. Insofar as the provisions of this Local Law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. A public hearing on this local law shall be had upon three days' notice. Section 4. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM NOTE: Matter in brackets to be deleted, matter underlined is new. PASSED AYES - 9 NOES -0 NO. 128 BY: MR. FONTANA RE: ORDINANCE AMENDMENT CHAPTER 175 FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175, Section 1 of the Code of the City of Buffalo be amended to read as follows: §1 -16, Web Payment Fee There will be an additional charge of $2.00 for any payment of parking summonses, user fee bills or permit fees made via the City of Buffalo Internet payment system. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE Matter in brackets to be deleted, matter underlined is new. PASSED AYES - 9 NOES -0 NO. 129 BY: MR. FONTANA COSPONSORS: MR. GOLOMBEK, MR. COPPOLA, MR. BONIFACIO RE: WAIVE LICENSE AND PERMIT FEES - HABITAT FOR HUMANITY OF BUFFALO Whereas: Habitat for Humanity has a stellar reputation as a not - for - profit housing organization; and Whereas: Their volunteer work force continues to rehabilitate older houses and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the city, all while strengthening our communities; and Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and Whereas: Habitat for Humanity has completed one hundred thirty six houses in their nineteen years of building; and Whereas: As a measure of partnership, and commitment, Habitat for Humanity has requested that the City of Buffalo waived all license permit fees for 2004, 2005; and Whereas: The City of Buffalo, especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City's neighborhoods; Now Therefore Be It Resolved: This Common Council waives all 2004 - 2005 housing and construction license and permit fees for Habitat for Humanity of Buffalo, in order to promote the goal of increasing home ownership. PASSED AYES -9- NOES -0 NO. 130 SPONSOR: DAVID A. FRANCZYK CO- SPONSORS: RE: INCLUDE DEMOLITIONS IN ELMWOOD AVE. USE PERMIT WHEREAS: The Common Council designated Elmwood Avenue between Forest Avenue and Virginia Street as a special zoning district to protect the viability of this community as a sound residential, commercial and cultural area of the city; and, WHEREAS: Chapter 511 -56, Section D, of the city charter, permits certain uses for the business strip, but only upon the issuance by the Common Council of a restricted use permit pursuant to Chapter 511 -55 of this chapter; and, WHEREAS: The expansion of "eating and drinking places" on the Elmwood business strip is governed by the special use permit requiring Common Council approval; and, WHEREAS: This provision may be interpreted as the need for an approved special use permit in the instance of an applicant applying for a demolition permit in order to bring about the expansion of the eating and drinking place; and, WHEREAS: The preservation of the character of Elmwood Avenue's unique and irreplaceable architectural heritage is a goal that is accepted in both public opinion and local ordinance; and, WHEREAS: In the recent debate over the proposed issuance of a demolition permit to tear down Elmwood Avenue, the Common Council and Preservation Board of the City of Buffalo passed resolutions in opposition to demolition; and, WHEREAS: The Common Council is currently exploring various resolutions dealing with the demolition issue, including one proposing a demolition moratorium on Elmwood Avenue; and, WHEREAS: Another approach to the demolition question on1089 Elmwood Avenue may be to simply add demolitions to those listed uses which require a restricted use permit by the Common Council; NOW THEREFORE BE IT RESOLVED: That Chapter 511 -56, Elmwood Avenue Business District, Section D, Restricted uses; Common Council permission required, be amended to include demolitions among the category of listed uses requiring mandatory Common Council approval. REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING NO. 131 BY: MR. GOLOMBEK RE: ORDINANCE AMENDMENT CHAPTER 437, TAXICABS AND LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: §437- 19TaxiStands. Name of Street Side Location and Restrictions # of Cabs Perry Street North Between a point 75' east of 6 Washington Street and a point 120' east therefrom Delaware Avenue west Between a point 300' south of North Street and a point 70' south therefrom 2 It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE Matter in brackets to be deleted, matter underlined is new. PASSED AYES - 9 NOES -0 NO. 132 BY: MS. RUSSELL RE: DISCHARGE FROM THE CIVIL SERVICE COMMITTEE - COM. 31, CCP NOV. 3 2004 - "APPT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(PW)" Whereas: Com. 31, CCP Nov. 3, 2004 - "Appt Heavy Equipment Operator (Prov)(Inter)(PW) "is presently before the Committee on Civil Service; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Civil Service from further consideration of Com. 31, CCP Nov. 3, 2004 - "Appt Heavy Equipment Operator(Prov)(Inter)(PW) ", and said item is now before the Council. Mr. Coppola moved That the appointment of James Linkowski, residing at 187 West Woodside as a Heavy Equipment Operator at a salary of $30,344, be and it hereby is approved. ADOPT DISCHARGE PASSED AYES - 9 NOES -0 NO. 133 BY: MR, THOMPSON AUTHORIZING RESOLUTION GROUND LEASE OF SCHOOLS AND AMENDED AND RESTATED STATE AID TRUST AGREEMENT Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development Agency and authorizing an Amended and Restated State Aid Trust Agreement to facilitate collection and deposit of state aid to education and payment of debt service on bonds issued by said Agency to finance the renovation, reconstruction, equipping and furnishing of such facilities, determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004 of the State (the "School Act ") has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the "City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WHEREAS, the City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board ( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, the initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, the second phase of the Project (the "Phase II Project ") is to be located at the facilities more specifically set forth in Appendix A annexed hereto (collectively the "Facilities "), for lease to the ECIDA pursuant to a Ground Lease (Series 2004 Project) among the City, the School District and the ECIDA (the "Ground Lease "); and WHEREAS, in order to finance a portion of the cost of the Phase II Project, the ECIDA intends to issue from time to time its School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2004 (the "ECIDA Bonds "), all pursuant to the School Act and other applicable legislation, and to secure the ECIDA Bonds with installment payments to be paid by the School District to the ECIDA pursuant to a Facilities Installment Sale Agreement (the "Facilities Agreement ") between the ECIDA and the Buffalo Board of Education; and WHEREAS, the School District's obligation to make such installment payments to the ECIDA will be subject to annual appropriation by the State of New York and the School District and will be payable solely from the total amount of annual aid to education paid by the State of New York (the "State ") to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement, herein defined ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and WHEREAS, the establishment and maintenance of a Amended and Restated State Aid Trust Agreement in respect of which the State Aid Revenues are to be deposited for periodic disbursement in the respective amounts necessary for payment of installment payments due under the Facilities Agreement and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale of the ECIDA Bonds secured by such lease payments; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the financing thereof by the ECIDA is beneficial for the residents of the City and will promote educational opportunities to the residents of the City. Section 2. In furtherance of the Project, the Common Council of the City hereby authorize the lease of the Facilities to the ECIDA. For the purposes of providing the terms and conditions applicable to the leasing of the Facilities to the ECIDA, the Ground Lease a form of which is attached here to as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Ground Lease in the name of the City; the execution and delivery of the Ground Lease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Ground Lease. Section 3. In order to facilitate the payment by the School District of installment payments under the Facilities Agreement and the marketing and sale of the ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank "). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fund from time to time to pay installment payments due under the Facilities Agreement. For the purposes of providing for the terms of the collection and deposit of State Aid Revenues into the State Aid Trust Fund and the investment thereof and the disbursement of amounts held therein, the Amended and Restated State Aid Trust Agreement, a form of which is attached hereto as Appendix C and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and Restated State Aid Trust Agreement in the name of the Common Council of the City, and the execution and delivery of the Amended and Restated State Aid Trust Agreement shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Amended and Restated State Aid Trust Agreement. Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSCB, are hereby authorized to proceed with the Phase II Project and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken to effectuate the Phase II Project by the JSCB are here by ratified. Sections. No stipulation, obligation or agreement contained in this resolution, the Ground Lease, the Amended and Restated State Aid Trust Agreement or any other documents executed by the City pursuant to the Ground Lease, the Amended and Restated State Aid Trust Agreement or any agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof. Section 7. This resolution shall take effect immediately upon approval of the Mayor of the City. PASSED AYES - 9 NOES -0 NO. 134 BY: MR. THOMPSON MEMORIALIZE NEW YORK STATE TO REQUIRE TO SHARE THE 8TH AND 9TH OF THE SALES TAX BUFFALO AND WESTERN NEW YORK Whereas: The County of Erie is currently in negotiations with the State of New York to discuss plans to increase the county sales tax from eight and one quarter (8.25) percent to nine and one quarter (9.25) percent; and Whereas: The City of Buffalo is the urban core of our region, and the vitality of the City is central to the health of Western New York; and Whereas: Like other cities in the state, all of which use state and federal aid to support their budgets, Buffalo's property tax base is insufficient to fully fund basic city services and to address the quality of life issues; and Whereas: Amid the hardships Buffalo, New York has experienced since 911 attacks, there is an opportunity to make major changes to help local governments better serve the people; and Whereas: One historical injustice that should be corrected now is Erie County's exclusive claim to the 8th penny of the sales tax, a claim that must be ratified by the State Legislature each year; and Whereas: Throughout New York State, the sales tax above New York State's 4.25% portion is shared on an equitable basis among local governments, including counties, cities, towns, villages and school districts; three percent is currently shared among all these parties in Erie County; and Whereas: Although the 8th percent of the sales tax was imposed to correct a county government fiscal crisis that may resolved years ago, the County of Erie continues to collect the 8th penny with is not shared with their local governments on an equitable basis; and Whereas: In Comptroller Hevesi's report that prompted the creation of the Buffalo Fiscal Stability Authority, he made it clear that a new source of revenue is a key part of the solution to Buffalo's fiscal problems; which the sales tax generated from the eight percent county sales tax is an obvious choice to fill that gap; and Whereas: County Executive Giambra has claimed that sharing the 8th penny is not possible because it would result in an increase for County property taxpayers; however, as pointed out in a recent Buffalo News article, sharing the 8th penny would allow many local governments to lower their own property taxes, evening out much of the impact on taxpayers; and Whereas: Rochester (23.7 %) and Syracuse (33.4 %) get far higher percentages of their county sales tax than Buffalo (12.8 %) does, and it is becoming clearer to many, including local state legislators and town officials, that the time has now come to bite the bullet and begin sharing the 8th penny of the sales tax; and Whereas: State legislators, including Assembly Majority Leader Paul A. Tokasz, have made it clear that they expect a restructuring of the local sales tax formula to be part of any agreement to extend the County's authority to collect the 8th penny of the sales tax, which representatives from the Buffalo Common Council are willing to participate in; Whereas: If the State of New York does indeed agree to allow the County of Erie to increase the County Sales tax by one percent, from eight percent to nine percent, this honorable body requests that my authority include provisions to share both the eight and ninth penny with the City of Buffalo; and Now Be It Therefore Resolved That: This Common Council requests that the New York State Legislature require the County of Erie to share revenue generated from the 8th penny of the sales tax and of the 9th, should it become authorized with the City of Buffalo for general operation purposes; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Governor 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 to the State Legislature. ADOPTED NO. 135 BY: MR. THOMPSON RE: ORDINANCE AMENDMENT CHAPTER 194, FOOD STORES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: §194 -3 Referral and approval of license application. A. All new applications shall be referred to the Department of Permit and Inspection Services Permit Office to determine compliance with all applicable City zoning laws and ordinances, including determination of permitted and established use of the property location. B. All new applications and the renewals therefor shall be referred to the Department of Permit and Inspection Services Inspections Division to determine that the building meets all city and state building codes and to determine whether the business meets and is conforming with any and all established primary and accessory uses. C. All new applications shall be referred to the Department of Fire to determine that the property location meets all applicable New York State Fire Codes. D. All new applications and the renewals therefor shall be referred to the Department of Police for their investigation regarding the moral character of the applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations for disapproval must state the reason for such disapproval in writing. E. All new applications subject to this chapter shall require Common Council approval. Any license granted under this chapter may be suspended, revoked or renewal thereof refused by the Common Council, after notice and hearing before them. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel Matter in brackets to be deleted, matter underlined is new. PASSED AYES - 9 NOES -0 NO. 136 By: Mr. Thompson, Mr. Davis TRAIL BLAZER FOR HENRY "HANK" SEVILLIAN Whereas: is the tradition of this great city to recognized those individuals that have demonstrated exemplary leadership in their profession Whereas: For more than 40 years, unheralded and unknown to most, Henry "Hank" Carlton Sevillian has rescued hundreds, maybe even thousands of children in all parts of the country; and Whereas: Mr. Henry "Hank" Carlton Sevillian was born on June 28, 1930 to proud parents in Buffalo, New York; and Whereas: A product of the Buffalo Public Schools system, "Hank" spent his days attending classes at public schools #31, 40, and 75, running track and cross country, and working in the Broadway Market and at Sears Roebucks; and Whereas: In 1950, Mr. Sevillian joined the United States army, serving as a paratrooper while training in various forts, including forts Campbell and Benning; and Whereas: Mr. Henry "Hank" Carlton Sevillian met and married Ana Carol Hooks on July 27, 1952 and from this joyous union three children were born, Duane, Debra Poles, and Dale; and Whereas: A semi - legend on Buffalo's East Side, the 68- years -old Seveillan founded and for 42 years has voluntarily run the Pioneer Track Program, an amateur track program to give children something to belong to, an athletic outlet for energies, and an alternative to aimlessly hanging out and the trouble it brings; and Whereas: A congenial instructor with a whistle around his neck, Sevillan shepherded his troop to regional and national amateur meets; and Whereas: Two of his charges qualified for the Junior Olympics in Seattle last year, bringing the total number of children that he has sent to the Junior Olympics to 50; Whereas: In recognition of a lifetime of helping kids through athletics, USA Track & Field Association (Niagara District) last year gave SeviUian its Friend of Youth Award. Similarly, he was among the "community heroes" who shared the stage with President Clinton daring a visit to Buffalo, New York; and Whereas: Although Many of Sevillian's "graduates" earned college athletic scholarships, Mr. Sevillian stands unresolved in his mission to make sure that kids that are not doing well are afforded an opportunity to succeed; and Whereas: Mr. Henry "Hank" Carlton Sevillian is deserving of this honorable body's praise and recognition; Now Be It Therefore Resolved That: The Buffalo Common Council does hereby acknowledge the contributions that M. Hank Sevillian has made to his family, his community, the City of Buffalo, the Western New York region, and the United States of America and does hereby proclaim Tuesday, November 16, 2004 ( "Mr. Henry "Hank" Carlton Sevillian Day" in the City of Buffalo. Be It Further Resolved That: To commemorate the life of this extraordinary individual this honorable body is requesting that the section of Fox Street from Broadway to Sycamore be named in honor of Mr. Henry "Hank" Sevillian. Be It Finally Resolved That: Certified copies of this resolution are forwarded to the Mayor's Office, the Department of Public Works, and the Department of Traffic Engineering. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS UNFINISHED BUSINESS NO. 137 BOND RESOLUTION - INTERMODAL TRANSPORTATION-$480,000- ACCOUNT 3100 ( #161, 12/23) Mr. Coppola now moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED. Mr. Coppola now moved the above item hereby be Received and Filed Seconded by Mr. Fontana ADOPTED NO. 138 BOND RESOLUTION -NEW FIRE STATION - ELMWOOD & HERTEL ($2,200,00) (# 152, 9/7) Mr. Coppola now moved that the above item be taken from the table. Seconded by Mr. Fontana Mr. Coppola now moved. the above item hereby be Received and Filed Seconded by Mr. Fontana ADOPTED NO. 139 BOND RESOLUTION -NEW FIRE STATION - DELAVAN & FILLMORE ($2,200,00) ( #153, 9/7) Mr. Coppola now moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED. Mr. Coppola now moved. the above item hereby be Received and Filed Seconded by Mr. Fontana ADOPTED NO. 140 BOND RESOLUTION -EXP RECONST ENGINE 34 ( #117,11/03) Mr. Coppola moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED On a motion by Mr. Coppola,seconded by Mr. Fontana item is properly before the Common Council CARRIED Mr.. Coppola now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES - 9 NOES -0 NO. 141 BOND RESOLUTION -NEW FIRE STATION ELMWOOD & HERTEL ( #118,11/03) Mr. Coppola moved that the above item be taken from the table. CARRIED On a motion by Mr. Coppola,seconded by Mr. Fontana item is properly before the Common Council CARRIED Mr.. Coppola now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES — BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 7 NOES — GOLOMBEK, GRIFFIN — 2 NO. 142 BOND RESOLUTION -NEW FIRE STATION DELAVAN & FILLMORE ( #119,11/03) Mr. Coppola moved that the above item be taken from the table. CARRIED On a motion by Mr. Coppola,seconded by Mr. Fontana item is properly before the Common Council CARRIED Mr.. Coppola now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES - 9 NOES -0 NO. 143 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless Otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 23, 2004 at 9:30 o'clock A.M. Committee on Finance following Civil Service Committee on Legislation Committee on Comm. Dev. A.M. Tuesday, November 23, 2004 at 10:00 o'clock A.M. Tuesday, November 23, 2004 at 2:00 o'clock P.M. Wednesday, November 24, 2004 at 10:30 o'clock Committee on Claims Monday, November 22, 2004 at 11:00 o'clock AM Special Committees Special TaxiCab & Livery Ad Hoc Committee 10:00 o'clock AM in Rm 1417 Thursday, November 18, 2004 at Special Sub Committee on Bi National Bridge, Thursday, November 18, 2004 at 2:00 o'clock PM In 1417 Special Committee on Budget Friday, November 19, 2004 at 1:00 o'clock PM in Rm 1417 Committee on Legislation Red Helmets, Monday, November 22, 2004, at 10:00 o'clock AM Rm 1417 (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. 144 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mr. Bonifacio, the Council adjourned at 4:40 pm Gerald Chwalinski City Clerk PENSION PROCEEDINGS Board of Police and Fire Pension Proceedings #10 Office of the Mayor - 201 City Hall October 21, 2004 Present:; Anthony M. Masielio, Mayor; Frank Belliotti, Deputy Comptroller, Michael Risman, Corporation Counsel °3 Absent: David A. Franzyk, Council President -1 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2004 amounting to $,$6,083.58. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2004 amounting to $6,791.92,. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. NO. 3 On motion by Mr. Masiello , the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Board of Police and Fire Pension Proceedings #11 Office of the Mayor - 201 City Hall November 18, 2004 Present:; Anthony M. Masiello, Mayor; David A. Franzyk, Council President -Frank Belliotti, Deputy Comptroller, Michael Risman, Corporation Counsel -4 The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of November 2004 amounting to $,$6,083.58. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -4. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 2004 amounting to $5,856.92,. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -4. Noes -0. No 3 The following annuitant was cancelled from the Police pension payroll: Ruth Garrison Died September 29, 2004 No. 4 On motion by Mr.Masiello , the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15a.m.