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HomeMy WebLinkAbout03-1112 No.21 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 12, 2003 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean -Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS Elevator Review Board for a term commencing immediately and will expire April 30, 2004: COMMON COUNCIL Steven J. Carmina Carmina & Wood P.C. 300 Pearl Street CITY HALL - BUFFALO Buffalo, 14202 TUESDAY, OCT. 28, 2003 Steven J. Carmina. is a partner in the architectural firm of AT 2:00 P.M. Carmina & Wood, PC. Mr. Carmina. has over twenty four years of experience and prior to forming his own firm in 1990 he had PRESENT - James W. Pitts President of the Council, served in various roles with Cannon Design, Kideney and Council Members Bonifacio, Coppola, , Fisher, Architects, John Edward Kloch Assoc. and Mussachio Fontana, Franczyk, Golombek Grant, Martino, and Architects. Mr. Carmina received his Bachelor of Architecture Pitts- 10. from SUNY at Buffalo in 1982. Mr. Carmina is Chairman of the Board of the Upstate Chapter of the March of Dimes as well as ABSENT – Gray and LoTempio, Thompson - 3 serving on the boards of the Buffalo Hearing and Speech Center and Gilda’s Club of WNY. Mr. Carmina will be serving On a motion by Mr. Fontana, seconded by out the term previously held by John Lydon and will serve as Mr.Bonifacio, the minutes of the stated meeting held on the representative from the architectural design field. October 14, 2003 were approved. Stephen R. Fitzmaurice Marine Buffalo Assoc. One HSBC Center Buffalo, 14203 FROM THE MAYOR Stephen Fitzmaurice has been the Property Manager for Marine Buffalo Associates, L.P. of Buffalo, NY since 1998. Mr. NO. 1 Fitzmaurice has over twenty years of property management "2004 CAPITAL BUDGET RECOMMENDATION" experience including eight years as the Director of Engineering I hereby submit my recommendation for a City for the Hyatt Hotels Corporation and seven years as Director of of Buffalo 2004 Capital Improvement Budget of Property Operations for Hilton Hotels. Mr. Fitzmaurice received $24,880,000. This figure represents the amount his Bachelor of Science in Hotel Administration from Cornell appropriated through General Obligation Bonds. University in 1977. Mr. Fitzmaurice will be serving out the term In recommending this year's proposed budget, my previously held by Frank Marks and will serve as the administration has included those projects that are leveraging representative from the Building Owners and Managers federal and/or state funds or is part of the approved plan Association. submitted to the Buffalo Fiscal Stability Board, with the I hereby certify that the above named individuals are fully exception of the City Hall Restoration project. Funding amounts qualified to serve as members of the Elevator Safety for those projects, which leverage federal and/or state funds, Review Board. represent 20% of the project cost. REFERRED TO THE COMMITTEE ON LEGISLATION, THE The recommended 2004 Capital Improvement Budget is as CORPORATION COUNSEL AND THE DIVISION OF follows: COLLECTIONS 1. Babcock Street Bridge Reconstruction* 850,000 2. Bailey Avenue Bridge Reconstruction* 70,000 FROM THE MAYOR - EXECUTIVE DEPARTMENT 3. City Hall Restoration 2,500,000 FROM THE BOARD OF PARKING 4. Elmwood Avenue Reconstruction* 1,000,000 5. Fire Apparatus (Purchase) 5,500,000 NO. 3 6. Firehouse Land Acquisition/Construction/Reconstruction CHANGE ORDER NO. 2 10,000,000 AUGSPURGER RAMP ADDITION 7. Grider Street Reconstruction* 650,000 ITEM NO. 3, CCP 10/28/03 8. Inner Harbor Redevelopment Project* 3,300,000 Per your request, please find the following information: 9. North Buffalo Rails to Trails* 65,000 Affirmative Action Workforce Report 10. Tifft Street Greenway Improvements* 245,000 WBE/MBE Sub-Contractor Report 11. West Ferry Street/Black Rock Canal* 700,000 REFERRED TO THE MINORITY BUSINESS ENTERPRISE [* Denotes federal and/or state reimbursed project] COMMITTEE $24,880,000 Recommendations are being requested without the FROM THE OFFICE OF STRATEGIC PLANNING recommendations of the Citizens Planning Council (CPQ. The Capital Improvement process was to be delayed a year in order NO. 4 to address our fiscal limitations. However, to meet UNION SHIP CANAL REDEVELOPMENT AREA requirements for those Federal and State projects and to URBAN RENEWAL PLAN AMENDMENTS include the reforms within our Fire Department, it was JANUARY 7, 2003, C.C.P.#97 necessary to proceed within our Charter time constraints. City It is with pride and most hopeful expectations that we present Hall Restoration is an immediate safety concern. However, The for your review and consideration the amendments to the Citizens Planning Council shall be given the opportunity to "Union Ship Canal Redevelopment Area Urban Renewal review and forward their recommendations to all those Plan ". necessary prior to any action. The Union Ship Canal Area was found to suffer from The City of Buffalo's 5-Year Capital Improvement Program conditions of spreading slum and blight and was formally (CIP) has been included. designated for urban renewal treatment by the Common REFERRED TO THE COMMITTEE ON BUDGET Council of the City of Buffalo on January 7, 2003, C.C.P. No. 97. NO. 2 The amendments to the Urban Renewal Plan would allow for a APPOINTMENT OF MEMBERS TO THE setback of more than 60ft. a minimum street frontage of 250ft., ELEVATOR SAFETY REVIEW BOARD parking in the "front yard" due to the need for rear rail access, Pursuant to the powers vested in me by Chapter 167.3 of the an exception to the maximum building height of 40' for two Buffalo Code, I hereby appoint the following individuals to the portions of the blending plant and 6 (six) silo farm tanks at the rear of the plant and to grant the City Planning Board the ability Lot Size: 62' x 75' Assessed Valuation: 5,100 to waive minor area and use requirements specifically for 107 Jewett Avenue, 213.90'W. Fillmore Parcel #2. Lot Size: 3 1' x 75' The City Planning Board has approved the Amendments to the Assessed Valuation:2,500 Urban Renewal Plan, after conducting a Public Hearing, as 11 Brewster, 90' E. Halbert Lot Size: 30' x 75' Assessed required by General Municipal Law on October 21, 2003. Valuation: The Office of Strategic Planning, therefore, recommends your 2,500 approval and adoption of the Plan, and respectfully requests 24 Brewster, 210' E. Halbert that you authorize the City Clerk to advertise a Notice of Public Lot Size: 30'x 75' Hearing, and that your Honorable Body schedule a Public Assessed Valuation: $2,500 Hearing for the Plan to be held on Tuesday, November 25, 19 Brewster, 210' E. Halbert 2003. We have attached for your consideration and approval an Lot Size: 30' x 75' appropriate draft Notice of Public Hearing and a draft Assessed Valuation: 1,200 Resolution scheduling the hearing. 24 Brewster, 210' E. Halbert REFERRED TO THE COMMITTEE ON COMMUNITY Lot Size: 30'x 75' DEVELOPMENT Assessed Valuation: $2,500 29 Brewster, 270' E. Halbert NO. 5 Lot Size: 30'x 75' RESCIND AUCTION SALE AND FORFEIT DEPOSIT Assessed Valuation: 1,200 94 WOLTZ 36 Brewster, 276.12'W. Fillmore ITEM NO. 91, C.C.P. 3/4/03 Lot Size: 30'x 75' In the above referenced item Your Honorable Body Assessed Valuation: 2,500 authorized the sale of 94 Woltz to Albert Parks of 1849 38 Brewster, 246.12'W. Fillmore Genesee, Buffalo, New York 14211. Mr. Parks was the highest Lot Size. 30' x 75' Assessed Valuation:2,500 bidder for 94 Woltz in the amount of One Thousand Dollars 7 Brewster, 60' E. Halbert ($1,000.00), plus a 10% buyer's premium for a total of One Lot Size: 30' x 75' Thousand One Hundred Dollars ($1,100.00). Assessed Valuation: 2,500 Mr. Parker was notified on April 21, 2003 and May 14, 2003 30 Brewster, 270' E. Halbert that this office was ready to close. A third notice was mailed on Lot Size: 30' x 75' September 22, 2003 notifying the prospective purchaser that Assessed Valuation: 2,500 he had until October 10, 2003 to schedule the closing or the 48 Brewster, 154.12'W. Fillmore sale would be rescinding and his deposit forfeited. Mr. Parker Lot Size: 30' x 75' Assessed Valuation:2,600 has failed to respond to our correspondence. The Office of Strategic Planning, Division of Real Estate, has Therefore, we are recommending that the Common Council received a request from Mr. E. Wayne Purdon, Vice President approves to rescind the sale of 94 WotIz, return the property to of Tri-Main Development, 2495 Main Street, Buffalo, New York our inventory for resale and that the bidder forfeits his deposit 14214, to purchase the above captioned vacant lots. These in the amount Two Hundred Dollars ($200.00). The ten percent vacant buyer's premium will remain with the Auctioneer and the parcels are in the area of Tri-Main's Building (former Trico remaining balance will be deposited in the City's General Fund Plant). Tri-Main will acquire and market these properties as - Sale of In-Rem Property. potential residential and commercial opportunities.6 Mr. Fontana moved: The Division of Permit and Inspection Services and the That the communication from the Department of Strategic Division of Collections have no objections to the sale. There are Planning, dated October 29, 2003, be received and filed; and no building code violations, taxes or other liens owed to the City That the Executive Director of Strategic Planning be, and he by the purchaser. hereby is authorized to rescind the sale of 94 Woltz to Mr. The Division of Real Estate has investigated the sale of similar Albert Parks of 1849 Genesee Street, that the deposit in the residential and commercial properties in the subject area. Sales amount of two hundred dollars ($200.00) be forfeited and that prices range from twenty-five cents (.25) to fifty cents (.50) per the property be returned to inventory for resale. Ten percent of square foot for the residential properties and fifty cents (50) to the deposit will remain with the Auctioneer for the buyer's one dollar ($1.00) per square foot for the commercial lots. premium and ten percent will be deposited in the City's General Attached is a breakdown of the purchase price for each parcel. Fund - Sale of In-Rem Property. The results of our negotiations are that we have agreed to a PASSED total sales price of twenty thousand one hundred fifty dollars AYES - 10 NOES - 0 ($20,150), for the sixteen vacant parcels. Tri-Main Development has also agreed to pay for the cost of the transfer NO. 6 tax, recording fees and cost of the legal descriptions. RESULT NEGOTIATIONS I am recommending that Your Honorable Body approve the sale 2188 Fillmore, N. Cor. Brewster of the sixteen parcels in the amount of twenty thousand one Lot Size: 90' x 63' hundred fifty dollars ($20,150) to Tri-Main Development. I am Assessed Valuation: $4,200 further recommending that the Corporation Counsel prepare 2214 Fillmore, N. Cor. Jewett Avenue Lot Size: 48'x 120' the necessary documents for the transfer of title and that the Assessed Valuation: 5,800 Mayor be authorized to execute the same. 2228 Fillmore, 134'S. Phelps Lot Size: 30' x 155' Assessed Mr. Fontana moved: Valuation: That the above communication from the Office of Strategic 4,000 Planning, Division of Real Estate, dated November 6, 2003, be 2236 Fillmore, 64'S. Phelps received and filed; and Lot Size: 40'x 121' Assessed Valuation:4,800 That the offer from Mr. E. Wayne Purdon, Vice President of 51 Phelps, 90.20'W. Fillmore Lot Size: 30' x 64' Tri-Main Development, 2495 Main Street, in the sum of twenty Assessed Valuation:1,100 thousand one hundred and fifty dollars ($20,150.00) for the 117 Jewett Avenue, 120.90' W. Fillmore purchase of 2188, 2214, 2228 and 2236 Fillmore, 51 Phelps, 107 and 117 Jewett Avenue, 7, 11, 19, 24, 29, 30, 36, 38, and AT LELAND DRIVE 48 Brewster, be and hereby is accepted; and STOP SIGNS (ALL-WAY) - INSTALL That the appraisal requested by the City of Buffalo shall be paid In conformity with Section 49 of Chapter 479 of the Ordinances by the purchaser; and of the City of Buffalo, the City Engineer hereby notifies Your That the transfer tax, recording fees and cost of legal Honorable Body of this action supplementing, amending, or description shall be paid by the purchaser; and repealing existing provisions of Chapter 479 of the Ordinances, That the Corporation Counsel be authorized to prepare the as stated below, to be effective forty five days after the first necessary documents for the transfer of title and that the Mayor Council meeting at which they appear on the agenda as an item be authorized to execute the same, in accordance with the business. terms of sale upon which the offer was submitted. That that part of Subdivision 9 Section 11 of Chapter 479 of PASSED Ordinances of the City of Buffalo be supplemented by adding AYES - 10 NOES - 0 thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING NO. 7 Zollars Avenue Leland Drive TRANSFER OF VACANT LOTS This action is being taken to provide stop control at a previously TO THE BUFFALO URBAN RENEWAL AGENCY uncontrolled intersection. SYCAMORE VILLAGE 247 MORTIMER LOT SIZE: 29'X 103' NOTIFICATION SERIAL #9751 644 JEFFERSON LOT SIZE: 30'X 75' INSTALL NO STANDING ON WEST DELAVAN AVENUE, 22 MATTHEWS LOT SIZE: 25' X 155' SOUTH SIDE BETWEEN A POINT 505 FEET EAST OF 24 MATTHEWS LOT SIZE: 1'X 89' HARVARD PLACE AND A POINT 55 FEET EAST 32 MATTHEWS LOT SIZE: 29'X 155' THEREFROM The Buffalo Urban Renewal Agency has requested the NO STANDING - INSTALL transfer of the above captioned properties from the City of In conformity with Section 49 of Chapter 479 of the Ordinances Buffalo to the Buffalo Urban Renewal Agency for the Sycamore of the City of Buffalo, the City Engineer hereby notifies Your Village Project. Honorable Body of this action supplementing, amending, or The properties were acquired by the City of Buffalo through tax repealing existing provisions of Chapter 479 of the Ordinances, foreclosure and have been identified as potential sites to be as stated below, to be effective forty five days after the first marketed and developed as part of the overall project site. Council meeting at which they appear on the agenda as an item Your Honorable Body can authorize the transfer of land to the business. Agency without consideration, in accordance with Article 15A That that part of Subdivision 22 Section 15 of Chapter 479 of of the General Municipal Law. BURA will pay for all costs Ordinances of the City of Buffalo be supplemented by adding associated with the transfer of title. The City will provide no title thereto the following: NO STANDING search or survey. PROHIBITED PORTION OF HIGHWAY PROHIBITED I am recommending that Your Honorable Body approve the PERIOD transfer of the above properties to the Buffalo Urban Renewal West Delavan Avenue, south side At all times Agency for one dollar ($1.00) upon the above terms. between a point 505 feet east of I am further recommending that the Corporation Counsel Harvard Place and 55 feet east therefrom prepare the necessary documents for the transfer of title and This action is being taken to provide safe exiting of the that the Mayor be authorized to execute the same. Canisius College Delavan Townhouse facility. REFERRED TO THE COMMITTEE ON COMMUNITY Waive the 45 day period DEVELOPMENT RECEIVED AND FILED FROM THE COMPTROLLER NO. 10 REPORT OF BIDS NO. 8 REPAIR TO STREET CUTS - 2003 CERTIFICATE OF NECESSITY GROUP #615 TRANSFER OF FUNDS LOUIS DEL PRINCE & SONS COMMON COUNCIL - LEGISLATIVE ITEM #126, C.C.P. 3/3/98 We, Anthony M. Masiello, Mayor and Andrew A. This is to advise your Honorable Body that I have advertised SanFilippo, Deputy Comptroller, do hereby certify, pursuant and received bids on November 5, 2003 for the Repair to Street to §20-12 of the Charter, that it is necessary that the sum of Cuts - 2003, Group #615. $6,800 be transferred and reappropriated within Common In obtaining bids for the above project, I have asked for bids on Council Legislative, as set forth below: a unit price covering the various items of work and material, From: which will be performed. The final cost of the work will be 10 109001 - 415001 Auto Allowance $ 200 based on the actual measured quantities of materials entering 10112001 - 411001 Salaries – Regular $6,600 into the work and may be either more or less than the total bid. To The following bid was received: Base Bid Unit Price 10 102001 - 412002 Hourly Salary $6,800 Increase Dated: Buffalo, NY, November 10, 2003 Louis Del Prince & Sons $255,002.00 RECEIVED AND FILED $280,502.20 580 Cayuga Road, Cheektowaga, NY 14225 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS Birch Grove Landscaping & AND STREETS Nursery, Inc. $259,100.00 $284,600.20 NO. 9 P.O. Box 117, East Aurora, NY 14052 NOTIFICATION SERIAL #9750 Thomann Asphalt Paving, Inc. $271,142.50 INSTALL STOP SIGNS $293,642.70 IN ZOLLARS AVENUE 56 Gunnville Road, Lancaster, NY 14086 C. Destro Development $287,792.50DRUG ASSET FORFEITURE CHECKS RECEIVED $313,292.70 ITEM NO. 104, C.C.P. 2/2/88 3150 Seneca Street, West Seneca, NY 14224 8155-00119088 C2-02-0043 $39,694.42 Amherst Paving, Inc. $301,225.00 $326,725.20 C2-02-0043 41,981.98 330 Meyer Road, Buffalo, NY 14226 8155-00118842 C2-03-0081 799.45 North America Construction Co., Inc.$356,475.00 C2-03-0052 406.49 $381,975.20 C2-03-0026 1,257.25 P.O. Box 147, Clarence, NY 14032 C2-03-0014 1,329.25 I hereby certify that the bidder for the above project is Louis Del 8155-00118920 C2-02-0125 1,497.37 Prince & Sons. I respectfully recommend that your Honorable C2-03-0077 743.30 Body authorize a contract award in the amount of $280,502.20 C2-03-0108 20,236.93 ($255,002.00 Base Bid + 10% unit price increase $25,500.20 = C2-03-0092 667.45 Total Award $280,502.20). Funds for this work are in 8155-00118695 C2-03-0055 1,149.25 Department of Public Works, Parks & Streets Capital Project C2-02-0152 2,044.63 Account 930032106 and the Water Capital Project Fund. The TOTAL DEPOSIT $111,807.77 engineer's estimate for this work is $250,000.00. The above referenced property has been administratively The attached is certified to be a true and correct statement of forfeited by the Drug Enforcement Administration. (DEA). The the two (2) lowest bids received. Under provisions of the checks were received by this Department and duly deposited in General Municipal Law, any of the bidders may withdraw his the Trust & Agency Account #20010000-389001. These funds bid if an award of the contract is not made by December 20, will be placed into one or more of the following accounts as 2003. Individual bid submissions are available in our office for deemed by the Commissioner of Police: inspection and copies Educational Training/Seminar, Confidential Fund, Materials and are available upon request. Supplies, Firearms and Weapons, Communications and Mr. Fontana moved: Computers, Electrical Surveillance, Purchase of Services, That the above communication from the Commissioner of Improvements, Vehicles, Operating Equipment Public Works, Parks and Streets dated November 5, 2003, be If you have any questions regarding the above mentioned, received and filed; and please contact Chief Edward Hempling at 851-5181. That the Commissioner of Public Works, Parks and Streets, RECEIVED AND FILED be, and he hereby is authorized to award a contract for the Repair to Street Cuts - 2003, Group #615, to Del Prince & FROM THE COMMISSIONER OF FIRE Sons, the lowest responsible bidder, in the amount of $280,502-20 ($225,002.00 Base Bid + 10% unit price increase NO. 13 $25,500.20 = Total Award $28,502.20). Funds for the project is ENGINE 33 - 273 KEHR STREET available in Capital Project Account #30032106 and the Water Be advised that Engine 33 located at 273 Kehr Street will be Capital Project Fund. temporarily relocated to Engine 2 1 /Ladder 6 quarters located PASSED at 1229 Jefferson Avenue beginning on approximately AYES - 10 NOES - 0 November 12, 2003. This relocation is for repairs to a structurally unsound floor and will be for a period not to exceed NO. 11 sixty (60) days. CANISUS COLLEGE REQUEST Respectfully submitted, CLOSING SPILLMAN AVE. TO VEHICULAR TRAFFIC RECEIVED AND FILED Our department has received a request from Canisus College to close Spillman Ave. between East Delavan Ave. and NO. 14 Florida St. to vehicular traffic. Canisus College has made this USED CAR RENEWAL OF LICENSES-534 COLVIN AVE request to maximize parking spaces for staff and students. A Inspection approval request site plan of the proposed configuration is attached. RECEIVED AND FILED Our department has no objection to this request as there are no private residences on Spillmar Ave. and traffic impacts are FROM THE CORPORATION COUNSEL minimal to the surrounding area. If this proposal is found to be acceptable by Your Honorable NO. 15 Body and the Planning Board our department would issue a RFP FOR WEB SITE SPONSORSHIPS mere license to the college to occupy City right of way on ITEM NO. 30, C.C.P., 10/14/2003 Spillman Ave. This mere license would stipulate conditions to You requested a response from the Corporation Counsel be met by the college such as maintenance of the right of way, regarding the request from the Department of Management insurance, access to utilities, etc. Information Systems to solicit Requests for Proposal (RFP) to Mr. Fontana moved: place sponsorship banners on the City of Buffalo's Web site. It That the above communication from the Department of Public is my opinion that the idea should be pursued and that any Works, Parks and Streets dated November 6, 2003, be legal impediments can be overcome. I would recommend that received and filed; and the Council approve the Department's request. That the Commissioner of Public Works, Parks and Streets be, REFERRED TO THE COMMITTEE ON FINANCE and he hereby is authorized to issue a "mere license" to Canisus College to occupy City right-of-way on Spillman NO. 16 Avenue, subject to the conditions as listed above. REGIONAL ASSETS SALES AGREEMENT - PASSED ORIGINAL FINANCIAL BREAKDOWN AYES - 10 NOES - 0 Attached please find the financial breakdown prepared by the County of Erie for the original proposal that led to the Regional FROM THE COMMISSIONER OF POLICE Assets Sales Agreement for the Buffalo Zoological Gardens, Shea's Performing Arts Center and Kleinhans Music Hall. NO. 12 REFERRED TO THE COMMITTEE ON FINANCE That the above communication from the Commissioner of NO. 17 Permit and Inspections CERTIFICATE OF APPOINTMENT Services dated November 7, 2003, be received and filed; and Appointment Effective November 7, 2003 in the Department That pursuant to Chapter 254 of the City Code, the of Law to the Position of Deputy Corporation Counsel Exempt Commissioner of Permit and Inspections Services be, and he Position hereby is authorized to grant a Used Car Dealer license to Appointment at the Starting Salary of: $ 71,204.00 Devin Hollands d/b/a Antithesis Autos LLC located at 595 Darryl N. McPherson, 600 Main Street, Suite 901,Buffalo, New Tonawanda with a 17 car limit. York 14202 Passed. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AYES - 9 - NOES - 1 AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek, Grant, and Martino NOES - Pitts 17 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No. 20 Used Car Dealer No. 18 1386 Bailey Used Car Dealer Pursuant to Chapter 254 of the City of Buffalo Ordinances, 1455 Niagara please be advised that I have examined the attached Pursuant to Chapter 254 of the City of Buffalo Ordinances, application for a Used Car Dealer License located at 1386 please be advised that I have examined the attached Bailey and find that as to form is correct. I have caused an application for a Used Car Dealer License located at 1455 investigation into the premises for which said application for a Niagara and find that as to form is correct. I have caused an used car dealer license is being sought and according to the investigation into the premises for which said application for a attached reports from the Zoning Office, Fire Department and used car dealer license is being sought and according to the Building Inspections, I find it complies with all regulations and attached reports from the Zoning Office, Fire Department and other applicable laws. I have caused an investigation by the Building Inspections, I find it complies with all regulations and Police Department into the moral character of Joshua other applicable laws. I have caused an investigation by the Knapczyk. The attached thereto for Joshua Knapczyk d[b/a Police Department into the moral character of James J.L.K. Sales and Service This request is submitted for your Dingeldey. The attached thereto for James Dingeldey. d/b/a approval or whatever action you deem appropriate. Infinity Auto. This request is submitted for your approval or Mr. Fontana Moved: whatever action you deem appropriate. That the above communication from the Commissioner of Mr. Fontana Moved: Permit and Inspections That the above communication from the Commissioner of Services dated July 14, 2003, be received and filed; and Permit and That pursuant to Chapter 254 of the City Code, the Inspections Services dated October 28, 2003, be received and Commissioner of Permit and Inspections Services be, and he filed, hereby is authorized to grant a Used Car Dealer license to And Joshua Knapczyk d/b/a J.L.K. Sales and Service located at That pursuant to Chapter 254 of the City Code, the 1386 Bailey for wholesale purposes only and that there be no Commissioner of outdoor display of automobiles. Permit and Inspections Service be, and he hereby is authorized Passed. To AYES - 9 - NOES - 1 grant a Used Car Dealer license to James Dingeldey d/b/a AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Infinity Golombek, Grant, and Martino Auto, located at 1455 Niagara Street NOES - Pitts PASSED AYES - 9 - NOES – 1 FROM THE COMMISSIONER OF ADMINISTRATION AND AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, FINANCE Golombek, Grant, and Martino NOES - Pitts No. 21 $1.00 convenience charge for Web Payments No. 19 The City of Buffalo has availed the general public of the Used Car Dealer ability to pay Parking Summons, User Fee Bills and Permits on 595 Tonawanda the Internet. Over a million dollars has been collected via Web Pursuant to Chapter 254 of the City of Buffalo Ordinances, payments since its inception in September of 2001. However, please be advised that I have examined the attached there is a direct cost to the city of Buffalo as a result of Web application for a Used Car Dealer License located at 595 payments in form of fees for credit card usage. Initially, it was Tonawanda and find that as to form is correct. I have caused a thought that to promote the use of the Web Site we should not investigation into the premises for which said application for a charge a fee. But the time has come where we feel it is prudent used car dealer license is being sought and according the to access a $1.00 charge for the convenience of paying via the attached reports from the Zoning Office, Fire Department and Web. Building Inspections, I find it complies with a regulations and In researching other cities who have a similar web site for other applicable laws. I have caused an investigation by the payments we found the following statistics: Police Department into the moral character of Devin Hollands. New York City $1.50 The attached thereto for Devin Hollands. d/b/a Antithesis Autos Milwaukee $1.00 LLC. This request is submitted f( your approval or whatever Rochester $3.00 per Parking ticket and $1.00 per action you deem appropriate. Water Bill Mr. Fontana Moved: Baltimore 2.49% of total payment Syracuse No online payments Therefore, it is our request of the Council to Approve the $1.00 be construed as an exhaustive list or limit the generality of each convenience Fee on Web Payments group of animals, unless otherwise Mr. Fontana Moved: specified: That the above communication from the Department of 1. Class Marnmalia Administration & Finance dated October 23, 2003, be received (a) Order Artiodactyla (hippopotamuses, giraffes, camels, deer, and filed; and not cattle or swine or sheep or That the Corporation Counsel be, and he hereby is authorized goats) to prepare an Ordinance Amendment to provide a $ 1.00 (b) Order Carnivora charge for online payments. (i) Family Felidae (lions, tigers, cougars, leopards, ocelots, Passed. servals, not domestic cats) AYES - 9 - NOES - 1 (ii) Family Canidae (wolves, coyotes, foxes, jackals, not AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, domestic dogs) Golombek, Grant, and Martino (iii) Family Ursidae (all bears) NOES – Pitts (iv) Family Mustelidae (weasels, skunks, martins, minks, not ferrets) No. 22 (v) Family Procyonidae (raccoons, coatis) Regional Asset Fund (vi) Family Hyaenidae (hyenas) Per your request, here is the detail of savings from the (vii) Family Viverridae (civets, genets, mongooses) Regional Asset Agreement with Erie County. (c) Order Edentatia (anteaters, armadillos, sloths) KLEINHANS Electric $77,687 (d) Order Marsupialia (opossums, kangaroos, wallabies, not Gas $36,182 sugar gliders) Management Contract $50,000 (e) Order Perissodactyla (rhinoceroses, tapirs, not horses or Total $163,869 donkeys or mules) SHEA'S BUFFALO Theater Electric $197,937 (f) Order Primates (lemurs, monkeys, chimpanzees, gorillas) Gas $47,700 (g) Order Proboscidae (elephants) Total $245,637 (h) Order Rodentia (squirrels, beavers, porcupines, not guinea THE BUFFALO ZOO Management Contract $136,000 pigs, or rats, or mice, or gerbils, or hamsters) Refuse Disposal $ 20,000 2. Class Reptilia Total $156,000 (a) Order Squamata GRAND TOTAL: $565,506 Produced by the Animal Protection Institute, 1122 S Street, REFERRED TO THE COMMITTEE ON FINANCE Sacramento, CA 95814, (916) 447-3085 0) Family Varanidae (only water monitors and crocodile No. 23 monitors) Appointment Effective: October 27, 2003 in the Department of (ii) Family Iguanaidae (only green iguanas and rock iguanas) Administration and Finance Division of Parking Enforcement to (iii) Family Boidae (all species whose adult length has the the Position of Hearing Examiner TEMPORARY potential to exceed eight (8) feet in length) NON-COMPETITIVE (iv) Family Colubridae (only boornslangs and African twig FLAT Starting Salary of. $110 day snakes) Katie Nichols Harrod 79 Custer Street Buffalo 14214 (v) Family Elapidae (such as coral snakes, cobras, mambas, REFERRED TO THE COMMITTEE ON CIVIL SERVICE etc.) - All species (vi) Family Nactricidae (only keelback snakes) FROM THE CITY CLERK (vii) Family Viperidae (such as copperheads, cottonmouths, rattlesnakes, etc.) - All species NO. 24 3. Order Crocodilia (such as crocodiles, alligators, caimans, C. MICHAUX-MODEL ORDINANCE IN PROHIBITING gavials, etc.) - All species PRIVATE POSSESSION OF EXOTIC ANIMALS C. "Person" means any individual, partnership, corporation, AN ORDINANCE OF THE CITY OF organization, trade or professional association, PROHIBITING PRIVATE POSSESSION OF EXOTIC firm, limited liability company, joint venture, association, trust, ANIMALS estate or any other legal entity, and any BE IT ORDAINED BY THE COUNCIL OF THE CITY OF officer, member, shareholder, director, employee, agent or NEW SECTION. Sec. I Intent representative thereof It is the intent of the City of to protect the public against D. "Possessor" means any person who owns, possesses, health and safety risks that exotic keeps, harbors, brings into the state, has in one's possession, animals pose to the community and to protect the welfare of the acts as a custodian, or has custody or control of a exotic individual animals held in private animal. possession. By their very nature, exotic animals are wild and E. "Wildlife sanctuary" means a non-profit organization potentially dangerous and, as such, do not described in Section 170(b)(1)(A)(vi), Internal Revenue Code adjust well to a captive environment. 1986, and its subsequent amendments, that operates a place NEW SECTION. Sec. 2 Definitions of refuge where abused, neglected, unwanted, impounded, A. "Animal control authority" means the municipal or county abandoned, orphaned, or displaced exotic animals are provided animal control agency or a county sheriff in an area that does care for their lifetime or released back to their natural habitat not have an animal control office. and, with respect to any animal owned by the organization, B. "Exotic animal" means those species of animals that are does not: exotic to humans. Exotic animals include, but 1. Conduct any activity that is not inherent to the animal's are not limited to, any or all of the following orders and families, nature; whether bred in the wild or in captivity, 2. Use the animal for any type of entertainment; and any or all hybrids. The animals listed in parentheses are 3. Sell, trade or barter the animal or the animal's body parts; or intended to act as examples and are not to 4. Breed the animal for any purpose. NEW SECTION. See. 3 Keeping of Exotic Animals Prohibited A. It shall be unlawful for any person to own, possess, keep, (e) The names, addresses, and telephone number of harbor, bring into the city, have in one's possession, act as a the person from whom the applicant obtained the exotic animal, custodian, or have custody or control of an exotic animal, if known. except in compliance with (f) The microchip number of the exotic animal, this act. excluding exotic animals exempted under Section 6. B. It shall be unlawful for a person to breed an exotic animal. (g) The name, address, and phone number of the NEW SECTION. See. 4 Exemptions veterinarian providing veterinary care to the exotic animal and a A. The provisions of this act shall not apply to: certificate of good health from the possessor's veterinarian. 1 . Institutions accredited by the American Zoo and 2. The requirement that the possessor certifies in writing and Aquarium Association (AZA) or under mentorship through the notarized by a notary republic that: AZA. (a) The applicant is eighteen (18) years of age or older. 2. Duly incorporated non-profit animal protection (b) The applicant has not been convicted of or found organizations housing an exotic animal at the written request of responsible for violating a local or state law prohibiting cruelty, the animal control authority. neglect, or mistreatment of an animal or has not within the past 3. Animal control or law enforcement agencies or ten (10) years been convicted of a felony or been convicted for officers acting under the authority of this act. possession, sale, or use of illegal narcotics. 4. Licensed veterinary hospitals or clinics. (c) All of the requirements set forth in Section 5A, 5. Any wildlife sanctuary as defined under 'this act. Section 6, and Section 9A and 9B are met. 6. Any licensed or accredited research or medical (d) The facility and the conditions in which the exotic institution. animal will be kept are in compliance with this act. 7. Any licensed or accredited educational institution. (e) The applicant has regularly provided veterinary care 8. Any lawfully operated circus or rodeo. to the exotic animal when needed and will provide such care in Produced by the Animal Protection Institute, 1122 S Street, the future. Sacramento, CA 95814, (916) 447-3085 (f) Proof that a licensed veterinarian pursuant to 9. A person temporarily transporting an exotic animal Section 7 has spayed or neutered the exotic animal. through the city if the transit time is not more than 96 hours and 3. An applicant must submit his/her plan for the quick the animal is at all times maintained within a confinement and safe recapture of the exotic animal if the exotic animal sufficient to prevent the0 escapes at the time of filing of the application. exotic animal from escaping. 4. An applicant must submit a copy of the policy for B. This act does not require a municipality or county that liability insurance at the time of filing of the application. does not 5. Any additional information the animal control have an animal control authority to create that office. authority may deem necessary to carry out the provisions of NEW SECTION. See. 5 Personal Possession Permit Required this act. for Possessor 6. The animal control authority may establish and A. A person may not own, possess, keep, harbor, bring charge reasonable fees for application, issuance, and renewal into the state, have in one's possession, act as a custodian, or of a personal possession permit in order to recover the costs have custody or control of an exotic animal unless that person associated with the holds a personal possession permit for that animal issued by administration and enforcement of this act. The fee charged to an animal control authority. A person may obtain a personal an applicant may not exceed for each animal and may not possession permit for an exotic animal only if the following are exceed $_______ for each person obtaining a permit, met: regardless of the 1. The person was in legal possession of the exotic animal prior number of animals owned by the person. The fees collected to the effective date of this act and is the legal possessor of the under this section may be used only to administer and enforce exotic animal. this act. 2. The person applies for and is granted a personal possession D. A permit shall not be granted unless the animal permit for each exotic animal in the person's possession by as control authority finds that all of the requirements in Section 5C set forth in Section 17. have been met. B.Persons who meet the requirements set forth in subsection A E. The personal possession permit shall set forth all of of this the following information: section shall annually obtain a personal possession permit. 1. The name, address, phone number, and date of birth From and after the effective date of this act, no new exotic of the permit holder. animal shall be brought into possession under authority of a 2. The address if different than above, where the exotic personal possession permit. animal(s) will be kept. C. An applicant shall file an application to receive a 3. The name, number, sex, species, age of the exotic personal possession permit with the animal control authority on animal(s), and any distinguishing marks or coloration that forms provided by the animal control authority. The application would aid in the identification of the animal. shall include the following: I . A written statement which sets 4. The identification number as required under Section forth the following information: 6, if applicable. (a) The name, address, telephone number, and date of 5. The name, address, and phone number of the birth of the applicant. veterinarian who provides veterinary care to the exotic animal(s) (b) A description of each exotic animal applicant named on the permit. possesses, including the scientific name, name, sex, age, 6. Any other relevant information the animal control color, weight, and any distinguishing marks or coloration that authority may deem necessary. would aid in the identification of the animal. F. If a person can no longer care for his/her exotic (c) A photograph of the exotic animal. animal, that person may only transfer his/her exotic animal to (d) The exact location where the exotic animal is to be another person currently holding a valid personal possession kept. permit. G. The animal control authority shall keep records of who is carrying a valid permit. A permit holder shall notify the animal control authority of any changes of the stated permittee is bringing the animal to a licensed veterinarian or a information on the permit, which shall include the death of the veterinarian clinic. exotic animal. NEW SECTION. Sec. 12 Enforcement of Article NEW SECTION. Sec. 6 Identification Number The animal control authority, its staff, its agents, local law Every exotic animal must be implanted with a microchip, at the enforcement agents, or county sheriffs are authorized and expense of the possessor, by or under the supervision of a empowered to enforce the provisions of this ordinance. veterinarian. This provision does not apply to an exotic animal if NEW SECTION. Sec. 13 Inspection a veterinarian determines that the implant of a microchip would The possessor of an exotic animal, at all reasonable times, endanger the well-being of the exotic animal. shall allow the animal control authority, its staff, and its agents NEW SECTION. Sec. 7 Spaying or Neutering to enter the premises where the animal is kept to ensure Every exotic animal must be spayed or neutered, at the compliance with this act. expense of the possessor, by or under the supervision of a NEW SECTION. Sec. 14 Denial of Personal Possession veterinarian. This provision does not apply to an exotic animal if Permit; Appeal a veterinarian determines that the spay or neuter procedure A. If the animal control authority finds that an applicant would endanger the well-being of the exotic animal. for an original or renewal of a personal possession permit does NEW SECTION. Sec. 8 not meet the requirements set forth in Section 5 the animal Caging Requirements and Standards for Exotic animals control authority shall deny the applicant a personal possession For each exotic animal, the possessor shall comply with AZA's permit and give the applicant written notice of the denial and Minimum Husbandry Guidelines for animal care and the reasons for the denial. maintenance of that animal. B. If the animal control authority finds that a person has NEW SECTION. See. 9 Care and Treatment of Exotic not complied with this act the animal control authority may Animals Held Under A Personal Possession Permit suspend or revoke the personal possession permit and give the A. An exotic animal shall not be tethered, leashed, possessor written notice of the suspension or revocation and chained outdoors, or allowed to run at large. the reasons for the suspension or revocation. B.An exotic animal shall not be mistreated, neglected, C. A person who is denied a personal possession abandoned, deprived of necessary food, water, and permit, denied a renewal of a personal possession permit, or sustenance. who has had a permit suspended or revoked may appeal the C. A person transporting an exotic animal in a vehicle decision to a Superior Court for the precinct in which the shall keep the animal securely caged in the vehicle at all times. animal is located or the municipal court in the municipality in D. Each person shall have a plan for the quick and safe which the animal is located no later than the 15'h day after the recapture of the exotic animal if the exotic animal escapes, if pen-nit denied, suspended, or revoked. The decision of the recapture is impossible, then a plan for the destruction of the court may not be appealed. exotic animal held under a personal possession permit. NEW SECTION. Sec, 15 Confiscation and Disposition of E. The possessor shall contact the animal control Exotic Animals authority, a wildlife sanctuary as defined under this act, or an A. The animal control authority may immediately AZA accredited facility if the possessor can no longer care for confiscate any exotic animal if the animal is kept in the exotic animal prior to euthanasia of the exotic animal. contravention of this act. The possessor is liable for the costs NEW SECTION. Sec. 10 Insurance; Signs; and of placement and care for the exotic animal from the time of Notification confiscation until the time of return to the possessor or until the A. A possessor of an exotic animal shall maintain time the animal has been relocated to an approved facility, such liability insurance coverage in an amount of not less than two as a wildlife sanctuary as defined under this act or an institution hundred and fifty thousand dollars ($250,000.00) for each accredited by the AZA. occurrence for liability damages for destruction of or damage to B. If an exotic animal is confiscated due to the animal property and death or bodily injury to a person caused by the being kept in contravention of this act, the possessor must post exotic animal. The possessor of an exotic animal shall provide a security bond or cash with the animal control authority in an a copy of the policy for liability insurance to the animal control amount sufficient to guarantee payment of all reasonable authority on an annual basis. expenses expected to be incurred in caring and providing for B. The possessor of an exotic animal shall have the animal, including but not limited to the estimated cost of continuously posted and displayed at each possible entrance feeding, medical care, and housing for at least thirty (30) days. onto the premises where an exotic animal is kept a The security bond or cash shall not prevent the animal control conspicuous sign, clearly legible, and easily readable by the authority from disposing of the animal at the end of the thirty public warning that there is an exotic animal on the premises. (30) days unless the person claiming the animal posts an In addition, the possessor shall conspicuously display a sign additional security bond or cash with the animal control with a warning symbol that informs children of the presence of authority to secure payment of all reasonable expenses an exotic animal. The animal control authority shall prescribe expected to be incurred in caring and providing for the animal the exact content and size of the sign. for an additional thirty (30) days, and does so prior to the C. If any exotic animal unintentionally escapes the expiration of the first thirty (30) day period. The amount of the possessor of the exotic animal shall immediately contact a law security bond or cash shall be determined by the animal control enforcement officer of the city or county where the possessor authority and based on the current rate to feed, provide medical resides to report the escape or release. The possessor is liable care, and house the animal. for all expenses associated with efforts to recapture the animal. C. If a confiscated animal possessor cannot be located D. No person may intentionally release an exotic animal. or if a confiscated animal remains unclaimed, in the discretion If an exotic animal is intentionally released the possessor is of the animal control authority, the animal control authority may liable for all expenses associated with efforts to recapture the contact an approved facility, such as a wildlife sanctuary as animal. defined under this act or an institution accredited by the NEW SECTION. Sec.III Public Contact American Zoo and Aquarium Association (AZA), allow the The permittee shall not bring an exotic animal to any public animal to be adopted by a person who currently possesses a property, or a commercial or retail establishment unless the personal possession permit, or may euthanize the animal. D. If the exotic animal cannot be taken up or recaptured 884 Main St Wedi Inc 884 Main St safely by the animal control authority or if proper and safe 2160 Seneca St Michael McCarthy 2160 Seneca St housing cannot be found the animal control authority may RECEIVED AND FILED immediately euthanize the animal. E. An exotic animal may be returned to the possessor NO. 27 only if, to the satisfaction of the animal control authority, the LEAVES OF ABSENCE WITHOUT PAY possessor has a personal possession permit, has corrected I transmit herewith notifications received by me, reporting the the conditions resulting in the confiscation, and has paid the granting of the leaves of absence without pay, in the various cost of placement and care of the animal while under the care departments as listed: and control of the animal control authority. Public Works, Streets & Parks- Frank Cavanaugh NEW SECTION. Sec. 16 Penalties Police- Timothy Strunk, Colleen Leatherbarrow, Monica Lalley, A. Whoever violates Sections 5A, 513, or 5F, Section Sheila Suggs-Barrons 6, Section 7, Section 8, Section 1013, Section I OD, and RECEIVED AND FILED. Section 13 shall be guilty of misdemeanor punishable by a fine of not more than $_____ or a jail sentence of not more NO. 28 than months/year(s). NOTICES OF APPOINTMENTS - COUNCIL INTERNS B. Whoever violates Section 3A and B, Section 9, I transmit herewith appointments to the position of Council Section I OA, Section I OC, Section 11, and Section Intern. 15REFERRED TO THE COMMITTEE ON BUDGET shall be Mrs. LoTempio moved the approval of the appointments to the guilty of a minor misdemeanor punishable by a fine of not more position of Council Intern. than $________ or a jail sentence of not more than _ ADOPTED. days/months. CERTIFICATE OF APPOINTMENT NEW SECTION. Sec. 17 Effective Date Appointment Effective October 20, 2003 in the Department A. Except as provided by this section, this act takes of Common Council to the Position of Intern VI, Seasonal, effect on the date the ordinance is signed into law. Non-Competitive at the Flat Starting Salary of $ 10.00/hr B. Not later than (generally 6 months from bill being Irma Lorenzo, 750 Ashland Avenue, Buffalo, NY 14222 signed into law), the animal control authority shall implement and administer the prohibitions of the keeping of exotic animals NO. 29 under this act. This includes, but is not limited to, the NOTICES OF APPOINTMENTS - SEASONAL/FLAT creation of the personal possession permit program I transmit herewith certificates received by me, reporting established by Section 5 of this act, orders relating to the seasonal and flat salary appointments made in various applications for personal possession permit and renewals, fees departments. for the permit, and the form and content of the application. RECEIVED AND FILED. C. A person is not required to obtain a personal CERTIFICATE OF APPOINTMENT possession permit under Section 5 before (generally 6 months Appointment Effective November 3,2003 in the Department after date from Section 17 B), but must obtain a personal of Public Works, Division of Recreation to the Position of Fee possession permit by (generally allow possessors 6 months to Collector obtain permit). SEASONAL APPOINTMENT at the minimum Starting Salary NEW SECTION. Sec. 18 Severability of $5.15/hr If any part of this act is found to be unconstitutional or Brady, John, 160 Norwalk, Buffalo 14216 unenforceable it shall not affect the constitutionality or Haug, Kelly, 22 Weiyand, Buffalo 14210 enforceability of any other part. CERTIFICATE OF APPOINTMENT REFERRED TO THE COMMITTEE ON LEGISLATION AND Appointment Effective November 10, 2003 in the Department THE CORPORATION COUNSEL of Administration and Finance, Division of Parking Enforcement NO. 25 to the Position of Laborer II, SEASONAL FLAT AUDIT/INVENTORY OF EQUIPMENT/FURNITURE NON-COMPETITIVE COMMON COUNCIL OFFICES Starting Salary of $8.15 per hour CCP# 185-7/22/03 Louis M. Arroyo, 163 Fargo Avenue, Buffalo 14201 The inventory of all Council Offices as per CCP#1 CERTIFICATE OF APPOINTMENT 85-7/22/03 has been completed. All computers, desks, chairs, Appointment Effective October 30,2003 in the Department of printers, fax machines, and filing cabinets have been Public Works, Division of Recreation to the Position of inventoried. Laborer II, SEASONAL APPOINTMENT at the minimum I would ask that all equipment remain in place and not be Starting Salary of $8.15 ph shifted from office to office as this would defeat the purpose of Gonzalez Joseph, 65 Beatrice, Buffalo 14207 the resolution which was adopted unanimously. CERTIFICATE OF APPOINTMENT The disposition of surplus equipment and reassignment of any Appointment Effective October 27,2003 in the Department of offices, if any, I assume will occur after the reorganization Public Works, Division of Parks to the Position of Laborer II, meeting on January 2, 2004. Seasonal APPOINTMENT at the MINIMUM Starting Salary of Thank you for your cooperation. $8.15 ph REFERRED TO THE COMMITTEE ON FINANCE Machin Eric, 134 Rano, Buffalo 14207 CERTIFICATE OF APPOINTMENT NO. 26 Appointment Effective October 28, 2003 in the Department LIQUOR LICENSE APPLICATIONS of Attached hereto are communications from persons applying Public Works, Division of Recreation to the position of Pool for liquor licenses from the Erie County Alcohol Beverage Attendant Control Board. SEASONAL APPOINTMENT at the MINIMUM Starting Salary Address Business Name Owner's Name of $5.15 ph 126 High St PIllars Hotel 126 High St Flack, Beth, 95 McKinley Pkwy, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT No. 31 Appointment Effective November 3, 2003 in the Department Niagara Falls of National Hertiage Area Public Works, Division of Recreation to the Position of Rink As a member of the City of Buffalo Common Council, I am Attendant writing in regards to the proposed Niagara Falls National SEASONAL APPOINTMENT at the minimum Starting Salary Heritage Area. Although I recognize and appreciate the of $5.15 ph historical significance of Niagara Falls and support its Felchow III, Robert, 241 O'Connell, Buffalo 14210 designation as a National Heritage Area, I strongly encourage that such a heritage area be extended to include the entire NO. 30 Niagara River region, especially Broderick Park, which is APPOINTMENTS-TEMPORARY, PROVISIONAL located on the Niagara River and adjacent to the Erie Canal on PERMANENT the American-Canadian border. I Transmit herewith Appointments in the various I make this plea for recognition of Broderick Park based on its departments made at the Minimum(Temporary, Provisional or unique contribution to the fabric of American history. During the Permanent) and for Appointments at the Maximum (as per early to mid 1800's, it is believed that thousands of slaves of contract requirements). African descent made their way to freedom in Canada from the REFERRED TO THE COMMITTEE ON CIVIL SERVICE deep South by utilizing the assistance of "safe houses" and CERTIFICATE OF APPOINTMENT "station keepers" along the Underground Railroad. Because of Appointment Effective November 10, 2003 in the Department its Canadian border and access to the Niagara River, Buffalo of played a key role in the Underground Railroad and the area now Administration and Finance, Division of Parking Enforcement known as Broderick Park was at the center of this history. Because of the tireless efforts of historians, scholars and Parking Meter Coin Collector to the Position of citizens, primarily the Buffalo Quarters Historical Society, a (part-time) master plan commemorating the Underground Railroad PROVISIONAL APPOINTMENT at the MINIMUM Freedom Memorial at Broderick Park is now complete. In 1998, Starting Salary of $18,864 with the passage of the National Underground Railroad Francis A. Tronolone, 159 Sterling Avenue, Buffalo 14216 Network to Freedom Program, Broderick Park is now listed as CERTIFICATE OF APPOINTMENT part of the National Underground Railroad Network. In recent Appointment Effective: November 10, 2003 in the years, dramatic reenactments and depictions have been at the Department of Public Works, Parks & Streets, Division of centerpiece of the Freedom Memorial at Broderick Park Buildings to the Position of Senior First Class Stationary recreating the settings of the Underground Railroad movement. Engineer, Temporary Appointment at the Flat Starting Salary of I have attached highlights of the Underground Railroad $10.25/hr Freedom Memorial as provided by the Buffalo Quarters Kevin G. McCarthy, 130 Ramona Street, Buffalo 14220 Historical Society for your information and consideration. Dennis E. Schollard, 39 Shenandoah Road, Buffalo 14220 As Niagara District Councilmember in the City of Buffalo, and CERTIFICATE OF APPOINTMENT as a friend to the Niagara River, its history and on behalf of all Appointment Effective: October 27, 2003 in the Department those who have worked to promote its contribution and of Public Works, Parks & Streets, Division of Buildings to the significance to American history, I strongly urge you to consider Position of Senior First Class Stationary Engineer, Temporary extending a National Heritage Area to include the entire Niagara Appointment at the Flat River region and The Underground Railroad Freedom Memorial Starting Salary of $10.25/hr located at Broderick Park. Brian T. Murrett, 50 Lilac Street, Buffalo 14220 REFERRED TO THE COMMITTEE ON COMMUNITY CERTIFICATE OF APPOINTMENT DEVELOPMENT Appointment Effective: October 25, 2003 in the Department of Public Works, Parks & Streets, Division of Buildings to the NO. 32 Position of Senior First Class Stationary Engineer, Temporary TV GUIDE SUBSCRIIBERS Appointment at the: Flat When the Cable Guide ended in April 2002, Adelphia began Starting Salary of: $10.25/hr providing customers with a complimentary subscription to the Edward F. Anken, 73 Houston Street, Buffalo 14220 TV Guide. The complimentary subscription expires November CERTIFICATE OF APPOINTMENT 30,2003. Appointment Effective: October 25, 2003 in the Department Attached you will find the post card we will be sending to of Public Works, Parks & Streets, Division of Buildings to the approximately 800 subscribers in the City of Buffalo informing Position of Senior First Class Stationary Engineer, Temporary them of the discontinuance of the complimentary subscription Appointment at the Flat and the action they may take to continue. Starting Salary of: $10.25/hr Please feel free to contact me should you have any questions Francis Cunningham, 52 Morgan Avenue, Buffalo 14220 regarding this at 558-8545. CERTIFICATE OF APPOINTMENT REFERRED TO THE SPECIAL COMMITTEE ON Appointment Effective: October 24, 2003 in the Department TELECOMMUNICATIONS AND OFFICE OF of Public Works, Parks & Streets, Division of Buildings to the TELECOMMUNICATIONS Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat NO. 33 Starting Salary of $10.25/hr OPPOSE LIQUOR LICENSE APPLICATION James T. Conrad, 128 Harding Road, Buffalo 14220 CLAREMONT AVENUE I am writing you in reference to a application for a Liquor License that was applied for under the Name of Hysteria or NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Bourbon Street on Forest Avenue/Claremont Avenue in Buffalo. REMONSTRANCES I am requesting you do not accept the license or please I am NON-OFFICIAL COMMUNICATIONS begging you not to allow this Bar to reopen under any circumstances. Our Neighborhood need to be saved We all love the peace and quite of our street since the closing of bridge could relieve governments on both sides of the of certain Hysteria in July of 2002 . Some of the reason s why this Bar expenses, while providing Buffalo with the sign bridge it craves. should not occupy our wonderful street of Claremont Avenue. Nevertheless, the multitude of issues that will accompany . This Liquor License was revoked in July 2002 for underage proposal - whether from the authority or a private concern - drinking, an obscene amount of garbage emanating from the demands careful review before anyone takes a f1i a competing bar and massive amounts of calls to the police. IM sure the bridge. The Peace Bridge Authority is not sacrosanct, but it has next time around will be no different, come a long distance in the past coup years. The public has an We will see a reoccurrence of certain types of behavior; beer interest in protecting that work any but the most serious bottles everywhere including broken bottles on my front walk, counterproposals. thrown on my lawn garden and flower boxes. I had a bottle that REFERRED TO THE SPECIAL COMMITTEE ON BI was thrown through my front window by one patron one night. NATIONAL BRIDGE Young girls screaming in the middle of the night, fights at all hours, curb parties at the cars because 18 and over were No. 35 allowed in so the kids under 21 had to get nice and drunk R. KERN before they went in the bar. I can go on forever. Housing Watch There are many other uses to be considered for the site. A Police Report technicians have informed me so far of eight coffee shop, restaurant but please not the Hysteria Night club in their ranks who definitely do not live in Buffalo. please!!! However, about 40 technicians have been suspected of living If you have any questions or concerns please contact me at any outside the city, again raising the question about a culture of time. unaccountability within city hall. This morale crisis occurs as REFERRED TO THE COMMITTEE ON LEGISLATION top appointees have long blatantly violated residency. Everybody in City Hall knows about them but they are above the NO. 34 law'. There have long been dramatic 'high-up' offenders in each T. KANE INFO PEACE BRIDGE of the divisions of city government. Private enterprise proposal offers another option but demands 1. Anthony Farina, second in command of the Comptroller's careful review office, the city's most dramatic residency scofflaw lives in The Peace Bridge Authority apparently will have some Niagara County, his $137.500 mortgage co-signed by then competition in its efforts to build a signature bridge across the Comptroller Nanula. He was hired for a newly created media Niagara River. That should not be cause for alarm, Competition position, paying $80,000 salary & benefits to run Nanula's is healthy, and we can see no harm in giving Western New campaign for NYS Comptroller. He has just run SanFilippo's York and its neighbors across the river a chance to weigh more successful campaign. than one plan. 2. Larry Stilts of Pitts Office lives in East Amherst but has long The private company that owns the Ambassador Bridge, voted from an attic apartment on Schuele. which links Detroit to Windsor, Ont., said it will unveil plans for 3. Mayoral crony, BMHA Assist Exec, Tom A. Williams moved a trucks-only span across the Niagara River by the end of the to Clarence in 1995, lying that he lived on West with his year. There is every reason to believe the Ambassador officials mother-in-law until June 10, 2003, when he finally, told the will make a serious proposal. They already have met with local, truth. He pioneered broad exceptions to residency rules for state and federal officials, and also have, purchased land on BMHA workers in an agency notorious for double the staffing it both sides of the river. needs. Also, the group said its plans for a bridge, likely along, the 4. Mayoral crony, Hearing Officer Greg Fina, Esq. Moved to International Railroad Bridge corridor, will include specific Kenmore in 1990, with a strong appearance that he helped bridge location and span design. The authority still is immersed launch a major HUD housing scam from his last city home at in the public scoping process that eventually will lead to 296 Baynes. Ironically he is a 'board member-for-life of WS specific proposals for the location of the bridge and its design. Neigh. Housing Serv. Competition, of course, does not mean acceptance. There Now city-resident police technicians are losing jobs, as are lots of questions still to be answered. about, the. Ambassa-non-residents keep theirs. Dishonesty by police has become a dor plan. cynical joke, as three alleged violators listed above work in the For example, how will a span that crosses the river near the Commissioner's Office. And the "union rep", Anne Paulisczak railroad bridge affect traffic along the Scajaquada Expressway? lives in Tonawanda. Both the Commissioner* & the Union are A significant increase in traffic there would be a troubling tarnished by covering-up non-residency in a city losing prospect for several reasons. First, the bridge would mainly population & tax base at an epidemic rate. serve truck traffic, which would inevitably rumble It constitutes a crisis of leadership in a "worst-governed city"" through the heart of Delaware Park and. the southern e the where top leadership have made a mockery of a new City Parkside neighborhood. Charter that strengthened residency rules, which were never In turn, more truck traffic would raise pressure to ex the enforced. There is a change of culture needed in City hall parkway, further eroding the park, which is one of Buffalo's where politically connected workers have long assumed their primary assests. And that would occur at a time when jobs to be a right rather than a public obligation. The simple government officials, including County Executive Joel Giambra step of requiring all city workers to publicly state where they live have been talking about doing the opposite: reducing the way's would go a long way in improving that culture of cronyism & impact on its environment. unaccountability. And it would help address Mr. Giardina's As to the Peace Bridge itself, the loss of revenue prod by incredible statement that enforcing residency is an arduous job. truck traffic could have several consequences, the most Ordinary citizens could quickly determine whether or not city obvious, of which is the need to significantly increase tolls. workers were truthful about whether they live where they claim . won't suit motorists well, especially those who frequently . . at little or no cost. If we can't easily determine something as between Buffalo and Fort Erie. basic as where our workers live, how can we fix the plethora of Any one of these problems could be a fatal flaw, but could complicated problems facing a city in crisis? And there is that also be resolvable. For example, through-truck t could be troubling question. If a worker lies about a basic like where he banned on the Scajaquada. What is more, a privately run or she lives, when does he or she tell the truth9 NOTES: (*)Police will not release their impressive Code of for our drivers, but also inconveniences our passengers, many Ethics, adopted in 1978, but the finally-available (blue) of whom are elderly. We also state that this site is well known "Police Department Complaint Process" brochure proudly to most of our passengers since it has been at its present declares: location for more than a half century. INTEGRITY. "Honesty & truth must be the standards in all our Since the licensed owners pay for the privilege to occupy this dealings, with the community & with each other. . area, We deem it inconsiderate and with disregard that we (**) GOVERNING Journal, Feb. 2000, ranked Buffalo were not even Notified of the move in advance. We therefore worst-governed of 35 cities studied, tie for bottom with New respectfully demand that the stand be returned to its original Orleans. Buffalo ranked "D" for both "Human resources location. management" & "Managing for results" REFERRED TO THE COMMITTEE ON LEGISLATION, THE RECEIVED AND FILED COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 36 Info Peace Bridge Authority Regular Committees RESOLVED, the Authority support the Legislation M die That Civil Service form presented to this Board granting the Authority the power (Marc A. Coppola, Chairperson) of eminent domain, as provided, and subject to the limitations contained, in such NO. 38 Legislation; and be it further Appointment RESOLVED, That in connection with obtaining such eminent Junior Auditor (Max) (Compt) domain authority and in addition to payments made to affected (Item No. 26-C.C.P. Oct. 28, 2003) persons under That Communication 26. October 28, 2003 be received and applicable federal and/or state eminent domain laws, the filed and the permanent appointment of Frank Barrile stated Authority above at the maximum salary of $32,281 effective on October commits to provide to the neighborhood in the City of Buffalo 9, 2003 is hereby approved. which may be affected Authority's capacity expansion by the PASSED project $I. I million dollars (US) as a project cost for the AYES - 10 - NOES - 0 following purposes: NO. 39 1.Relocation assistance to persons whose residences are Appt.-Police Chief (Max) (Pol) (#36, 9.30) affected by the capacity expansion project, with such relocation (CCP481 -Oct. 14, 03) assistance, to be distributed by the Authority after consultation That the above item be and the same hereby is received and with the City of Buffalo arid with a committee composed of filed. neighborhood representatives and Authority representatives ADOPTED considering, among other things, (a) special hardship cases and the particular needs of tenants living in NO. 40 affected properties, in each case with the overall goal of Appts.-Police Chiefs (Loncar & Chlds) (Pol) assisting low and moderate income per,3ons, and (b) (CCP#38-Oct. 28, 03) assistance which enables affected persons to remain in the That the above item be and the same hereby is received and City of Buffalo with emphasis on neighborhoods surrounding filed. the project; ADOPTED 2. Project improvements and normal project costs including such community enhancements as may be determined; and NO. 41 3. Engagement of a community liaison consultant to assist the Appt.-Police Chief (McLellan) (Pol) Authority in developing plans for the foregoing-, (CCP#39-Oct. 28, 03) and be it farther That the above item be and the same hereby is received and RESOLVED, The Authority commends and expresses its filed. appreciation for the efforts of the New York State Legislators, ADOPTED officials of the City of Buffalo and West Side community leaders who assisted in and NO. 42 made possible the foregoing, thereby furthering the Authority's Appointment goal of building a capacity expanding project which will prove to Account Clerk Typist (Inter) (Permits/Insp.) be a lasting success. (Item No. 46-C.C.P. Oct. 28, 2003) REFERRED TO THE SPECIAL COMMITTEE ON That Communication 46, October 28, 2003 be received and BI-NATIONAL BRIDGE filed and the provisional appointment of Jason P. Kline stated above at the intermediate salary of $27,748 effective on PETITIONS October 20, 2003 is hereby approved. PASSED NO. 37 AYES - 10 - NOES - 0 FINLEY REQ RETURN TAX STAND MAIN AND CLINTON NO. 43 The Taxi owners and operators who Work at the Lafayette Sq. Notices of Appt. -Temp. /Prov. /Perm. (C. Clk.) Taxi Stand (CCP#56-Oct. 28, 03) Subject: The removal of taxi stand from it's original spot @ That the above item be and the same hereby is received and Main and Clinton to across Washington St. Parallel to the filed. Lafayette Hotel. ADOPTED Complaint: We, The undersigned taxi operators, contend that FINANCE the removal of our legitimate stand, not only creates a problem (BETTY JEAN GRANT, CHAIRPERSON) That the above item be and the same hereby is received and NO. 44 filed. R, SERRA-PRO PARK-PKG. FAC. BID-MGMT. BFLO. ADOPTED GEN., GATES CIR. & I GALLAGHER SR. RAMPS (CCP#74-SEPT. 30, 03) NO. 51 That the above item be and the same hereby is received and B. DAVIS-B. GORDON & O-CONC. -COND.-JOHNNIE B. filed. WILEY SPTS. PAV. PLYGRND (# 107, 9/2) ADOPTED (CCP#124-OCT. 14,03) That the above item be and the same hereby is received and NO. 45 filed. BIDS-BFLO. GEN., GATES CIRCLE & JOHN C. ADOPTED GALLAGHER PARKING RAMPS (PKG. BD.) (CCP#4-OCT. 14, 03) NO. 52 That the above item be and the same hereby is received and B. GRANT-M. MEEGAN-REQ. TREE TRIMMING-35 & 37 filed. MONTROSE AVE. ADOPTED (CCP#69-SEPT. 30, 03) That the above item be and the same hereby is received and NO. 46 filed. AUGSPURGER RAMP ADDITION – ADOPTED CHANGE ORDER NO. 2 (ITEM NO. 3, C.C.P., OCT. 28, 2003) NO. 53 That the Chairman of the Board of Parking be, and he hereby B. GRANT-K. PATTERSON-REQ. TREE is authorized to issue change order No. I for a total amount of TRIMMING-285-291 LASALLE AVE. $186,880 and change order No. 2 for a total amount of (CCP#67-OCT. 28, 03) $319,787.35, as more fully described in the above That the above item be and the same hereby is received and communication, for work relating to Augspurger Ramp filed. Addition. Funds for this project are available in bond account ADOPTED 51019036 445100. PASSED NO. 54 AYES - 10 NOES - 0 HAZ. COND,-101 WINSTON & 14 COMSTOCK AVE. (C. CLK.) (CCP#52-OCT. 14, 03) NO. 47 That the above item be and the same hereby is received and LEGAL SEPARATION OF COB'S & BD. OF ED'S filed. FINANCES (EXC. FIN. RES.)(# 128, 5/271) ADOPTED (CCP#97-OCT. 28, 03) That the above item be and the same hereby is received and NO. 55 filed. HAZ. TREES- STOCKBRIDGE (PW) ADOPTED (CCP#28-SEPT. 30, 03) That the above item be and the same hereby is received and NO. 48 filed. ABATEMENT OF UNCOLLECTIBLE ACCOUNTS ADOPTED RECEIVABLE (ITEM NO. 14, C.C.P., JUNE 24, 2003) NO. 56 (ITEM NO. 90, C.C.P., OCT. 14, 2003) C. THOMPSON- STOCKBRIDGE AVE. BLK. CLUB-FIAZ. That the above item be, and the same hereby is returned to TREES (#99, 9/2) the Common Council without recommendation. (CCP# 13 1 -SEPT. 30, 03) Mrs. Grant moved: That the above item be and the same hereby is received and That the above item be received and filed filed. ADOPTED ADOPTED AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRANT, MARTINO, PITTS – 9 NO. 57 NOES – FONTANA - 1 H. KURTZ-CONCERNS-382 MARYLAND AVE. (#65, 10/14) (CCP#I 04-OCT. 28, 03) NO. 49 That the above item be and the same hereby is received and REGIONAL ASSET AGREEMENT, CORRECTED AND filed. REVISED (LAW) ADOPTED (ITEM NO. 40, C.C.P., OCT. 28, 2003) That the above item be, and the same hereby is returned to NO. 58 the Common Council without recommendation. S. ROBBINS-REQ. DEMO.-382 MARYLAND AVE, (#69, Mrs. Grant moved that the above item be recommitted to the 10/14) Committee on Finance. (CCP#L 05-OCT. 28, 03) ADOPTED That the above item be and the same hereby is received and filed. NO. 50 ADOPTED B, DAVIS-B. GORDON & O-CONC. -COND. JOHNNIE B. WILEY SPTS. PAV. PLYGRND (PW) NO. 59 (CCP#27-SEPT. 16, 03) WASHINGTON STREET APARTMENTS (LAW) (CCP#42-OCT. 28, 03) That the above item be and the same hereby is received and PASSED filed. AYES - 10 NOES - 0 ADOPTED NO. 66 LEGISLATION USED CAR DEALER LICENSE - 534 COLVIN AVENUE - (RICHARD A. FONTANA, CHAIRMAN) BUILDING #2 (ITEM NO. 44, C.C.P., OCT. 28, 2003) NO. 60 That the above item be, and the same hereby is D. PALMISANO, PETITION TO USE 1472 HERTEL returned to the Common Council without AVENUE - RESTAURANT EXPANSION recommendation. (ITEM NO. 76, C.C.P., OCT. 28, 2003) Mr. Fontana moved: That after the public hearing before the Committee on That pursuant to Chapter 254 of the City Code, the Legislation on November 5, 2003, the petition of D. Palmisano, Commissioner of Permit & Inspection Services be, and he agent, for permission to use 1472 Hertel Avenue for a hereby is authorized to grant a Used Car Dealer license to restaurant expansion be, and hereby is approved. Ronald Raskin d/b/a Rand Ave Motors located at 534 Colvin PASSED Avenue, with the condition that the lot is limited to ten (10) AYES - 10 NOES - 0 automobiles to be stored indoors only. PASSED NO. 61 AYES - 10 NOES - 0 M. JORDAN-CLOVER CONST.-REQ. APPEAL-PRES. BD. RULING-DEMO.-GAS STATION-757 MAIN ST. NO. 67 (# 111, 9/30)(#87, 9/2) USED CAR DEALER LICENSE - 2058 SOUTH PARK (CCP# 111 OCT 28, 2003 (ITEM NO. 72, C.C.P., JULY 22, 2003) Mr. Fontana moved that the above item be recommitted to the (ITEM NO. 12 1, C.C.P., OCT. 14, 2003) Committee on Legislation. That pursuant to Chapter 254 of the City Code, the ADOPTED Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to NO. 62 Peter Rybinski d/b/a A & L Motors, located at 2058 South Park. M. JORDAN-CLOVER CONST.-REQ. APPEAL-PRES, BD. PASSED RULING-DEMO.-GAS STATION-757 MAIN ST. AYES - 10 NOES - 0 112, 9/3 0) (# 12, 9/16) (PRES. BD) (CCP# I 12-OCT, 28, 03) NO. 68 M r. Fontana moved that the above item be recommitted to USED CAR DEALER-2186 S. PARK (#127, 9/30) (#71, 7/22) the Committee on Legislation (PERMITS/INSP.) ADOPTED. (CCP#122-OCT. 14, 03) That the above item be and the same hereby is received and NO. 63 filed. TRAILBLAZER SIGN "PASTOR WILLIAM A. BUNTON" ADOPTED (ITEM NO. 147, C. C.P., OCT. 14, 2003) That the Commissioner of Public Works, Parks & Streets be, NO. 69 and he hereby is authorized to install trailblazing signs beneath USED CAR DEALER LICENSE - 1719 SENECA the existing street signs on a section of Fillmore Avenue from (ITEM NO. 45, C.C.P., OCT. 28, 2003) Urban and East Utica Streets proclaiming that portion as That pursuant to Chapter 254 of the City Code, the "Pastor William A. Bunton Way." Commissioner of Permit & Inspection Services be, and he PASSED hereby is authorized to grant a Used Car Dealer license to AYES - 10 NOES - 0 David Przybysz d/b/a Dave's Auto Service located at 1719 Seneca. NO. 64 PASSED APPOINTMENT AND RE-APPOINTMENT MEMBERS TO AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, THE BUFFALO BOARD OF ETHICS FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO, (ITEM NO. 1, C.C.P., OCT. 14, 2003) – 9 NOES – PITTS - 1 That the appointment of Sylvester Harold, residing at 13 McCarthy Drive, for a term expiring September 4, 2006 and the COMMUNITY DEVELOPMENT reappointment of Eleanor Paterson, Ph. D., 530 Norwood (ANTOINE M. THOMPSON, CHAIRMAN) Avenue, for a term commencing September 4, 2008 as members of the Buffalo Preservation Board be, and they NO. 70 hereby are approved. KINGSLEY PARK SITE, REIMBURSE NYS PASSED DEC/DIARSENOL AYES - 10 NOES - 0 (ITEM NO. 57, C.C.P., NOV. 30, 1999) (ITEM NO. 123, C.C.P., JAN. 25, 2000) NO. 65 That the above item be, and the same hereby is returned to RE-APPOINTMENT MEMBER TO THE CITY PLANNING the Common Council without recommendation. BOARD Mr. Fontana moved that the above item be recommitted to the (ITEM NO. 1, C.C.P., OCT. 28, 2003) Committee on Community Development. That the re-appointment of James K. Morell, residing at 18 ADOPTED Jewett Parkway as a member of the City Planning Board for a term expiring October 9, 2006, be and it hereby is approved. NO. 71 That Dr. Frank Manuele be appointed as Chairman of the City TRANSFER OF TITLE, URBAN HOMESTEAD - 1568 Planning Board. JEFFERSON AVENUE (ITEM NO. 15, C.C.P., OCT. 14, 2003) (DOMINIC J. BONIFACIO JR., CHAIRMAN) (ITEM NO. 133, C.C.P., OCT. 28, 2003) That the above item be, and the same hereby is returned to NO. 76 the Common Council without recommendation. L. RUSSO-CONCERNS- SPEEDING- STERLING AVENUE Mr. Fontana moved (CCP#79-JUNE 24, 03) That the city-owned property commonly known as 1568 That the above item be and the same hereby is received and Jefferson Avenue, is hereby designated as Homestead filed. Property, and that the Mayor be, and he hereby is authorized to ADOPTED execute a deed transferring said property to Ms. Alfreda Taylor, residing at 1570 Jefferson Avenue, in the amount of $1.00 (On NO. 77 Dollar), and all costs of transfer, on the condition the property is L. RUSSO-CONCERNS- S PEEDING- STERLING AVENUE cleared and improved wit six (6) months a maintained in a (POL.) sanitary manner. (CC.P#40-JULY 8, 03) PASSED That the above item be and the same hereby is received and AYES - 10 NOES - 0 filed, ADOPTED NO. 72 TRANSFER OF TITLE, URBAN HOMESTEAD - 163 NO. 78 JOHNSON STREET C, FISHER-A. PICONE-VANDALISM-SCH.#89-DR. LYDIA T, (ITEM NO. 15, C.C.P., OCT. 28, 2003) WRIGHT SCH. OF EXCELLENCE That the city-owned property commonly known as 163 (CCP#70-JULY 8, 03) Johnson Street, is hereby designated as Homestead Property, That the above item be and the same hereby is received and and that the Mayor be, and he hereby is authorized to execute a filed. deed transferring said property to Ms. Betty Milbrand, residing ADOPTED at 157 Johnson Street, in the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is NO. 79 cleared and improved within six (6) months and maintained in a C. FISHER-A. PICONE-VANDALISM-SCH.#89-DR, LYDIA T. sanitary WRIGHT SCH. OF EXCELLENCE (POL) manner. (CCP#53-JULY 22, 03) PASSED That the above item be and the same hereby is received and AYES - 10 NOES - 0 filed. NO. 73 ADOPTED TRANSFER OF TITLE - URBAN HOMESTEAD PROGRAM - 53 WALTER NO. 80 (ITEM NO. 7, C.C.P., SEPT. 30, 2003) C. FISHER-A. PICONE-VANDALISM-SCH,#89-DR. LYDIA T. (ITEM NO. 138, C.C.P., OCT. 28, 2003) WRIGHT SCH. OF EXCELLENCE That the above item be, and the same hereby is returned to (BD. ED.) the Common Council without recommendation. (CCP#77-JULY 22, 03) Mr. Fontana moved that the above item be recommitted to the That the above item be and the same hereby is received and Committee on Community Development. filed. ADOPTED ADOPTED NO. 74 NO. 81 TRANSFER OF TITLE, URBAN HOMESTEAD - 112 WOOD L. SLAYTON-CONCERNS-INCIDENTS ON MILLICENT AVENUE AVENUE (ITEM NO. 20, C.C.P., OCT. 14, 2003) (CCP#97-JULY 22, 03) (ITEM NO. 139, C.C.P., OCT. 28, 2003) That the above item be and the same hereby is received and That the above item be, and the same hereby is returned to filed. the Common Council without recommendation. ADOPTED Mr. Fontana moved: That the city-owned property commonly known as 112 Wood NO. 82 Avenue, is hereby designated as Homestead Property, and that L, SLAYTON-CONCERNS-INCI DENTS ON MILLICENT the Mayor be, and he hereby is authorized to execute a deed AVENUE (POL) transferring said property to Mr. Shy Ali, residing at I 10 Wood (CCP#40-SEPT. 2, 03) Avenue, in the amount of $1.00 (One Dollar), and all costs of That the above item be and the same hereby is received and transfer, on the condition the property is cleared and improved filed. within six (6) months and maintained in a sanitary manner. ADOPTED PASSED AYES - 10 NOES - 0 NO. 83 L. SLAYTON-CONCERNS-INCI DENTS ON MILLICENT NO. 75 AVENUE (UPDATE) (POL) WATERGATE 11 APARTMENTS - 10 HERTEL AVENUE (CC P#4I -SEPT. 2, 03) (ITEM NO. 19, C.C.P., OCT. 28, 2003) That the above item be and the same hereby is received and Mr. Thompson moved that the above item be recommitted to filed. the Committee on Community Development. ADOPTED ADOPTED RESOLUTIONS SPECIAL COMMITTEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE NO. 84 BY: MR. COPPOLA Whereas: The Church of Scientology is familiar with the SALARY ORDINANCE AMENDMENT banner requirements, and will purchase the necessary 01- LEGISLATIVE bond before the banner is hung; 1011- COUNCILMEMBER #10 Now, Therefore, Be It Resolved: The Common Council of the City Of Buffalo does ordain as That the Common Council of the City of Buffalo grants follows: permission to the Church of Scientology to hang a banner to That part of Section I of Chapter 35 of the Code of the City of celebrate the Grand Opening of their new home on Sunday, Buffalo, relating to 01 - Legislative 1011- Councilmember # 10, November 16, 2003; and which currently reads: Be It Further Resolved: 2 Legislative Assistant to Councilmember $34,631 That said banner will hang from November 13 through Is hereby amended to read: December 13, 2003;and I Legislative Aide to Councilmember $30,258 Be It Finally Resolved: 2 Assistant Legislative Aide $22,063 That the banner meets all the requirements of pertinent City IT IS HEREBY CERTI]FIED, pursuant to Section 3-19 of the departments and that no existing laws are violated. Charter, that the immediate passage of the foregoing ordinance PASSED is necessary. AYES - 10 NOES - 0 We, CHARLES L. MICHAUX 111, CITY CLERK AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby NO. 87 certify that the above change is necessary for the proper BY: MR. FONTANA conduct, administration and performance of essential services DISCHARGE FROM THE LEGISLATION COMMITTEE of that department. We recommend that the compensation for -RES. 181, CCP SEP 30, 2003 - "REQ. FOR said position be fixed at the respective amount set forth in the TRALLBLAZING SIGN ON SUMNER PLACE BETWEEN foregoing ordinance. DOAT & WALDEN AVE." That a personnel requisition incident to the creation of the Whereas: Res. 181, CCP Sep 30, 2003 - "Req. for above-mentioned position, containing a statement of the duties Trailblazing Sign on Sumner Place Betw. Doat & Walden Ave." for such position, has been filed with the Municipal Civil is presently before the Committee on Legislation; and Service Commission, and said Commission has approved and Whereas: It is no longer necessary for this item to be certified the position title set forth in the foregoing ordinance as considered by that committee; being the appropriate Civil Service title for the proposed Now, Therefore, Be It Resolved That: position. This Common Council does hereby discharge the Committee CHARLES L. MICHAUX III CITY CLERK on Legislation from further consideration of Res. 18 1, CCP APPROVED AS TO FORM Sep 30, 2003 "Req. for Trailblazing Sign on Sumner Place MICHAEL SEAMAN Betw. Doat & Walden Ave.," and said item is now before the DIRECTOR OF/BUDGET Council. DARYL MCPHEARSON Adopt discharge CORPORATION COUNSEL PASSED PASSED AYES - 10 NOES - 0 AYES - 10 NOES - 0 NO. 88 NO. 85 BY: MR. FONTANA BY: MR. COPPOLA MR. THOMPSON EXCUSED FROM NOVEMBER 12, APPOINTMENT TO CITIZENS PLANNING COUNCIL 2003 COUNCIL MEETING Whereas: Joseph Carriero has expressed interest in Now, Therefore, Be It Resolved That: volunteering his time to the Citizens Planning Council, and Councilmember Antoine M. Thompson be excused from Whereas: The appointment of Joseph Carriero to the Citizen's attendance at the Common Council meeting of November 12, Planning Council. would be beneficial. to the City of Buffalo; 2003. and ADOPTED Whereas: Mr. Carriero is a retired union leader for 40 years with l1abor experience; and NO. 89 Whereas: Mr. Carriero's experience can be helpful in dealing BY: MR. FRANCZYK with the diverse interests encountered by the Citizens Planning LAYOFF OF EMPLOYEES REQUIRED TO LIVE IN CITY Council, and he would serve as a great asset to the WHEREAS: A recently approved financial plan mandated by Citizens Planning Council. the Control Board has entailed the lay off of numerous city Now, Therefore, Be It Resolved-. employees; and, That this Common Council appoints Joseph Carriero to the WHEREAS: Layoffs of this nature are a hard blow to the Citizens Planning Council. workers and their families; and, REFERRED TO THE COMMITTEE ON LEGISLATION, THE WHEREAS: Layoffs are based in law on seniority; the last COUNCIL PRESIDENT AND THE DIRECTOR OF employee hired is the first laid off, and, COLLECTIONS WHEREAS: Numerous other employees or civil servants who are required by law to live in the city are reputedly illegally living NO. 86 outside the city, or are giving phony, false or misleading BY: BRIAN C. DAVIS addresses to conceal their true prime place of residence; and, PERMISSION TO HANG A BANNER ACROSS DELAWARE WHEREAS: If future layoffs occur due to financial necessity, AVENUE AT WEST TUPPER STREET the cuts should fall on those who are proven without a doubt to Whereas: The Church of Scientology located at 836 Main be violating city residency requirements, thus granting a degree Street will be having a Grand Opening; and of job protection to those employees who are complying with Whereas: To celebrate the event, they would like permission to the law; temporarily hang a banner across Delaware Avenue at West NOW THEREFORE BE IT RESOLVED: Tupper Street; and That the Law Department, Department of Human Resources Joseph Golombek, Jr. and Department of Administration and Finance comment on REFERRED TO THE COMMITTEE ON CIVIL SERVICE, the feasibility of focusing any future possible layoffs or COMMISSIONER OF HUMAN RESOURCES, THE dismissal of those employees proven to have violated the COMMISSIONER OF ADMINISTRATION AND FINANCE, residency requirements, as, in part, a means to protect legal AND CORPORATION COUNSEL. employees from the lay-off ax. DAVID A. FRANCZYK NO. 91 REFERRED TO THE COMMITTEE ON CIVIL SERVICE, BY: MR. GOLOMBEK, MR. FRANCZYK, MS. GRANT, MR. COMMISSIONER OF HUMAN RESOURCES, THOMPSON, MR. COPPOLA AND MRS. LOTEMPIO: COMMISSIONER OF ADMINISTRATION AND FINANCE, APPOINTMENT OF CITY OF BUFFALO COMPTROLLER AND CORPORATION COUNSEL. Whereas: Upon the resignation of Anthony Nanula as City Comptroller, the position has been left vacant, and NO. 90 Whereas: Since that time, Andrew SanFilippo has been acting BY: MR. GOLOMBEK as Comptroller in his capacity as Deputy Comptroller; and ZERO TOLERANCE FOR RESIDENCY VIOLATIONS Whereas: By the authority of §7-3 of the Charter of the City of Whereas: There are specific qualifications Buffalo, the Common Council is empowered to appoint necessary to qualify for various positions of employment in and someone of the same political party to fill the vacancy in the for the city of Buffalo ; and office of Comptroller; and Whereas: These qualifications may include experience, Whereas: This Election Day, Andrew SanFilippo was elected education, and verification of residency in the City of Buffalo; as City Comptroller; and and Whereas: With Mr. SanFilippo now the Comptroller-Elect, it Whereas: § 24-3 of the Charter and Code of the City of Buffalo would be logical for the Council to appoint him to the vacancy titled Residency Requirements states "All appointed officers immediately. and employees of the City of Buffalo (except those expressly Now Therefore Be It Resolved: exempted under New York law) shall be residents of the City at That pursuant to §7-3 of the Charter of the City of Buffalo, the the time of appointment or hire and maintain such residency Common Council does hereby appoint Andrew A. SanFilippo to during employment," However, there have always been rumors fill the vacancy in the position of Comptroller for the remainder and allegations of fraudulent residency regarding numerous of the term caused by the resignation of Anthony Nanula. employees of the City of Buffalo that are required to live in the PASSED city; and AYES - 10 NOES – 0 Whereas: During these times of fiscal instability for the City of Buffalo numerous employees have and will be receiving lay-off NO. 92 notices to allow the City of Buffalo to remain solvent; and BY: MRS. GRANT Whereas: Employees of the City of Buffalo that are in violation TRANSFER OF FUNDS of the residency requirement for the position they hold are in COMMON COUNCIL - LEGISLATIVE fact not qualified for that position due to their inability to meet That pursuant to §20-12 of the Charter and the Certificate of the specific requirements placed on their specific job title; and the Mayor and the Comptroller submitted to the Common Whereas: Employees who are required to live in the city and do Council, the sum of $6,800 be and the same is hereby not are taking middle class salaries necessary for the City of transferred within Common Council Legislative and said sum is Buffalo's survival to suburban and rural municipalities and hereby reappropriated as set forth below: strengthening those communities at the expense of the City of From: Buffalo, and 10 109001 - 415001 Auto Allowance S 200 Whereas: Employees who are doing the right thing by living in 10112004 - 411001 Salaries - Regular $6.60 the City of Buffalo are receiving pink slips while others are To: flagrantly in violation of specific residency requirements are still 10 102001 - 412002 Hourly Salary $6,800 working. PASSED Now Therefore Be It Resolved That: AYES - 10 NOES - 0 Every employee of the City of Buffalo from the Mayor's office to the Common Council and every other position have the NO. 93 verification (including but not limited to Voter's Registration, BY: MS. GRAY Street Directory, Driver's License, Correspondence, Telephone EXCUSE COUNCILMEMBER BEVERLY A. GRAY Directory, Bank Records (Account Address), Utility Receipts, PLEASE EXCUSE COUNCILMEMBER-AT-LARGE Insurance Policies, Visual Verification, Lease Agreement Motor BEVERLY A. GRAY FROM THE COMMON COUNCIL Vehicle Registration, Contract for Deed, Tax Receipts, Deed of MEETING, NOVEMBER 12,2003. Trust) checked and filed with their specific department head or ADOPTED commissioner by November 21, 2003, and Be It Further Resolved That: NO. 94 Termination proceedings should begin immediately for any City BY: COUNCIL MEMBER MARTINO of Buffalo employee who is unable to satisfy the specific SET PUBLIC HEARING, UNION SHIP CANAL URBAN residency requirement for their specific job title, and RENEWAL PLAN AMENDMENTS Be It Finally Resolved That: WHEREAS, the Common Council of the City of Buffalo has Every appointing authority shall be held accountable for their designated the Union Ship Canal Redevelopment Area as obligation, under § 24-5 of the Charter and Code of the City of being eligible and appropriate for Urban Renewal treatment as Buffalo, to verify compliance with the residency requirement at defined in Subdivision 3 of Section 502 of Article 15 of the New the time of appointment or hire and continuation of compliance York State General Municipal Law and has authorized the during employment. Any appointing authority that is unwilling or preparation of such a Plan; and unable to verify residency or is protecting an employee in WHEREAS, the City Planning Board, upon conducting a public violation of §24-3 "Residency Requirements" be immediately hearing held on due notice, did consider said Plan, prepared by terminated or demoted. the Office of Strategic Planning, and approved the proposed Whereas: Councilmember Rosemarie LoTempio will Urban Renewal Plan at its Meeting of June 24, 2003, and did be unable to attend the Council meeting on Wednesday, submit its report and unqualified recommendations respecting November 12,2003, said Plan to the Common Council; and Now, Therefore, Be It Resolved: WHEREAS, Article 15 of the General Municipal Law requires That the Common Council excuses Councilmember Rosemarie that amendments to the Urban Renewal Plan be approved only LoTempio from attending the Wednesday, November 12, 2003, after a public hearing is conducted by the governing body, upon Common Council meeting. due notice; James W. Pitts NOW, THEREFORE, BE IT RESOLVED: ADOPTED 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" for five (5) NO. 97 consecutive days in the Buffalo News and the City Record, ANNOUNCEMENT OF COMMITTEE MEETINGS beginning no later than the 17th day of November 2003; and The following meetings are scheduled. All meetings are held 2. That this Common Council will conduct a public hearing on in the Common Council Chambers, 13 1h floor City Hall, the matters stated in said "Notice of Hearing" at 10:00 a.m. in Buffalo, New York, unless otherwise noted. the Common Council Chambers on Tuesday, November 25, Regular Committees 2003. Committee on Civil Service Tuesday, November 18, 2003 at ADOPTED 9:30 o'clock A.M. Committee on Finance Tuesday, NO. 95 November 18, 2003 at 10:00 o'clock A.M. BY: COUNCIL MEMBER MARTINO following Civil Service UNION SHIP CANAL REDEVELOPMENT AREA URBAN Committee on Legislation Tuesday, RENEWAL PLAN AMENDMENT November 18, 2003 at 2:00 o'clock P.M. WHEREAS, the Common Council of the City of Buffalo has Committee on Comm. Dev. Wednesday, November 19, 2003 at designated the Union Ship Canal Redevelopment Area as 10:00 o'clock A.M. being eligible and appropriate Urban Renewal treatment, as Committee on Education defined in Article 15 of the New York State General Municipal Wednesday, November 19, 2003 at 2:00 o'clock P.M. Law and authorized the preparation of an Urban Renewal Plan Special Committees on July 23, 1987, C.C.P. No. 140; and MBEC Monday, November 17, 2003 at 10:00 WHEREAS, the City Planning Board, upon conducting a public o'clock hearing, held on due notice, did consider the amendment to the A.M. in Room 1417 City Hall. Urban Renewal Plan, as prepared by the Office of Strategic Public Hearings Planning, and did submit its report and unqualified Legislation Wednesday, November 12, 2003 at 7:00 recommendations respecting said Amendment to the Common o'clock Council; and P.M. in the Council Chambers on Various Items pertaining to WHEREAS, the proposed amendment to the Urban Renewal the Marine Drive Plan would allow for a setback of more than 60', a minimum Apartment Lease. street frontage of 250', parking in the "front yard" due to the Bi-National Bridge Thursday, November 13, 2003 need for rear rail access, an exception to the maximum height at 6:00 o'clock of 40' for a section of the blending plant and 6 (six) silo farm P.M. in the Council Chambers on the Ratification of Bflo/Ft. tanks at the rear of the plant and grant the City Planning Board Erie Public Bridge the ability to waive minor area and use requirements specifically Authority's Proposed Final Scoping Document/Alternative for the site known as Parcel #2. NOW, THEREFORE, BE IT Screening Report. RESOLVED BY THE COMMON COUNCIL OF THE CITY OF (Public Disclaimer): All meetings are subject to change and BUFFALO: I . That the amendment to the "Union Ship Canal cancellation by the respective Chairmen of Council Redevelopment Area Urban Renewal Plan", as prepared by the Committees. In the event that there is sufficient time given for Office of Strategic Planning, and as approved by the City notification, it will be provided. In addition, there may be Planning Board and the Buffalo Urban Renewal Agency, be meetings set up whereby the City Clerk's Office is not made and the same is hereby approved; 2. That the Amendment as aware; therefore, unless we receive notice from the respective herein approved has been duly reviewed and conforms to the Chairmen, we can only make notification of what we are made comprehensive plan for the development of the municipality aware. and the community as a whole; That the Mayor is hereby authorized to execute any and all deeds or other documents NO. 98 necessary to acquire and convey lands in the Urban Renewal ADJOURNMENT Area to the City of Buffalo or the Buffalo Urban Renewal On a motion by Mr. Fontana seconded by Mr. Davis the Agency, upon the approval of said deeds or other documents Council adjourned at 3:00 pm by the Corporation Counsel; and 4. That the City of Buffalo and CHARLES L. MICHAUX, III the Buffalo Urban Renewal Agency are hereby authorized to CITY CLERK acquire by gift, grant, purchase, devise, condemnation, eminent ADOPTED domain or otherwise the property located within the Project Area, as defined within said Plan, in furtherance of the Urban Renewal Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 96 BY: MR. PITTS EXCUSE COUNCILMEMBER LOTEMPIO FROM COUNCIL MEETING.