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Home My WebLink About03-1028 No.20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO POLICE AND FIRE PENSION OCTOBER 23, 2003 October 28, 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 Original Contract $ 433,802 Change Order No. 1 46,546.50 COMMON COUNCIL Removal of unforeseen second layer of asbestos CITY HALL - BUFFALO Tiles and disposal 22,119 TUESDAY, OCT. 14, 2003 Total Change Order No. 2 22,119 AT 2:00 P.M. New Contract Amount $ 502,467.50 (This is a final, close out contract amount) PRESENT - James W. Pitts President of the Council, SUBSTRUCTURE and and Council Members Bonifacio, Brown, Coppola, Louis P.Ciminelli Const. Co. - Contract No. 92010765 Ellington, Fisher, Fontana, Golombek Grant, Martino, Original Contract $ 627,500 Pitts, and Williams - 11. Change Order No. 1 94,354 Survey Ti-inber Piles 1,229 ABSENT – Gray and LoTempio - 2 Static Pile Testing (credit) (-10,100) Expedite Schedule 20,000 On a motion by Mr. Fontana, seconded by Delete Corrosion Inhibitor in Foundations (-10,245) Mr.Bonifacio, the minutes of the stated meeting held on Credit for use of Recycled Concrete (589) October 14, 2003 were approved. Grade Beam @ Lobby # 1 33,158 Final Pile Tabulations 10,792 FROM THE MAYOR Total Change Order No. 2 44,245 New Contract Amount $ 766,099 NO. 1 (This is a final, close out contract amount) RE-APPOINTMENT OF MEMBER TO THE SUPERSTRUCTURE CITY PLANNING BOARD Louis P. Ciminelli Const. Co. Inc. - Contract No. 92010771 Pursuant to the powers vested in me Section 18-23 of the Original Contract $4,605,000 Charter of the City of Buffalo, I hereby re-appoint the following Change Order No. I 0 member to the City Planning Board for a term commencing Additional slab on grade control joints & sealants 19,102 immediately and will expire October 9, 2006: 2 nd floor retail space per Bulletin No. 3 123,216 James K. Morrell 18 Jewett Pkwy. Buffalo, NY 14214 Total Change Order No. 2 141,568 I hereby certify that the above named individual is fully qualified New Contract Amount $4,746,568 for reappointment to the City Planning Board. ELECTRICAL I would like to appoint Dr. Frank Manuele as Chairman of Ferguson Electric Construction Co. - Contract No. 92010782 the City Planning Board. Original Contract $453,800.00 REFERRED TO THE COMMITTEE ON LEGISLATION, THE Change Order No. I 0 CORPORATION COUNSEL AND THE DIVISION OF Premium Time Saturday 555.97 COLLECTIONS Power Relocated Water Pump 327.37 Added Lights 10,351.00 NO. 2 Added Phone Line to Pearl Entrance 247.00 VETO MESSAGE - PRECINCT 11 C Additional Breaker Box Panel 3,128.00 DISTRICT CLOSURE Bulletin No. 3 to include second floor retail ITEM NO. 132, C.C.P., 10/14/03 Electrical supply, extra feed to Pearl St., I am utilizing my veto power on the Council's recent action Additional main disconnect, additional approving a resolution opposing and disapproving the alleged Power to fan rooms, additional power to closing of C District Lovejoy Station for two reasons. Primarily, I Connection to stair tower & signal antenna 45,364.00 do not believe this is an Item that properly should be before me Fire and Security Alarm second floor retail 27,047.00 for signature. This resolution speaks more to the will of the Total Change Order No. 2 87,020.35 Council, than to the need for approval, and should have been New Contract Amount $540,820.35 marked as "Adopted" rather than "Approved." GLAZING CONTRACT However, since it has been sent to me, upon the advice of the Nep Glass Co. Ltd - Contract No. 92010784 Law Department, I am returning it without my approval because Original Contract $598,100 of the third Resolved, which seeks to require the Police Change Order No. I 0 Commissioner to keep the Lovejoy Station open pursuant to an Additional break metal stair tower No. 1 5,677 alleged agreement reached in 1997. This issue is presently in Delete architectural grills on 9'h floor (-127,606) litigation and I do not want any perception that I have taken a Total Change Order No. 2 (-121,929) position agreeing with the resolution. This matter will be New Contract Amount $476,171 decided in the courts and I will leave it to that process. PLUMBING AND FIRE PROTECTION For the reasons stated above, I must return this item without C & L Plumbiniz Inc. - Contract No. 92010785 my approval. Original Contract $ 219,300 LAID ON THE TABLE Change Order No. 1 -0 Water Main 3,760 FROM THE MAYOR - EXECUTIVE DEPARTMENT National Fuel Service & Meter 8,500 FROM THE BOARD OF PARKING Premium Time on Saturday 1,844 Locate existing 2' Domestic Sold Water Line 1,140 NO. 3 Fire Protection Riser at Line X2 296 CHANGE ORDER NO. 2 Sanitary Sewer Venting 15,305 AUGSPURGER RAMP ADDITION Bulletin #1 Sewer/Hydrant 1,800 I hereby submit to your Honorable Body the following Added Deck Drains 5,950 changes for the addition to the Augspurger parking ramp. Total Change Order No. 2 38,595 DEMOLITION New Contract Amount $ 257,895 Ontario Specialty Contract Inc. - Contract No. 92010764 GENERAL TRADES Sicoli & Massaro - Contract No. 92010786 SIT-IN/TAKE-OUT RESTAURANT Original Contract Amount $1,554,000 ITEM NO. 77, C.C.P. 10/14/03 Change Order No. 1 -0 The City Planning Board at its regular meeting held Tuesday, Added Steel at 2nd fl. For Precast 8,085 September 9, 2003, considered the matter captioned above Remedial Work for existing column & new supports 8,043 pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Build out 2 d fl. to include structural steel, masonry Business District. Doors, fan rooms, paint & bridge connector to stair The applicant seeks to use a portion of a proposed food co-op Towers per Bulletin No. 3 82,797 as a sitin/take-out restaurant at located 807 Elmwood Avenue. Total Change Order No. 2 98,925 Under SEQR the proposed restaurant is considered an New Contract Amount $1,652,925 unlisted action which may be studied through uncoordinated PARKING EQUIPMENTreview. Victor Liberator Time Systems - Contract No. 92010787 The Planning Board voted to re-affirm its original approval of Original Contract $ 287,451 Tuesday, May 6, 2003 of the proposed restaurant. This Change Order No. 1 -0 communication is being re-filed. Cashier Booth 5,444 RECEIVED AND FILED AVI Tags 3,800 Total Change Order No.2 9,244 NO. 7 New Contract Amount $ 296,695 BADA-BING BAR Total Value of all Original Contract Amounts 387 FOREST AVE. $9,254,351 SIDEWALK CAFE Total Change Order No. 1 186,880 ITEM NO. 36, C.C.P. 9/16/2003 Total Change Order No. 2 319,787.35 The City Planning Board at its regular meeting held Tuesday, New Contract Amount $9,761,018 October 21, 2003, considered the matter captioned above These changes could not be foreseen at the time the contracts pursuant to Section 413-59 and 413-67 of the Buffalo Code, were let. All costs have been reviewed by the architect and Sidewalk cafes and encroachment regulations, respectively. construction manager and found to be fair and equitable. The applicant seeks to encroach the right-of-way with a 141x9l Funds are available in bond account 5101903 6 445 100. sidewalk cafe located at 387 Forest Avenue. Under SEQR the REFERRED TO THE COMMITTEE ON FINANCE AND THE proposed sidewalk cafe is considered an unlisted action which BOARD OF PARKING may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk FROM THE CITY PLANNING BOARD caf6 with the following conditions: 1. No outside music; NO. 4 2. No outside trash receptacles; REFLECTIONS 3. Closing at 11 P.M. on weeknights and 12 A.M. on weekends 1201 HERTEL AVE. RECEIVED AND FILED SIT-IN RESTAURANT ITEM NO. 75, C.C.P. 10/14/2003 FROM THE OFFICE OF STRATEGIC PLANNING The City Planning Board at its regular meeting held Tuesday, October 21, 2003, considered the matter captioned above NO. 8 pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue RESCIND AUCTION SALE AND FORFEIT DEPOSIT District. 1446 MAIN STREET (FORMER PRECINCT NO. 6) The applicant seeks to convert a former store into a sit-in ITEM NO. 91, C.C.P. 3/4/03 restaurant located at 1201 Hertel Avenue. Under SEQR the In the above referenced item Your Honorable Body proposed restaurant is considered an unlisted action which authorized the sale of 1446 Main Street (former Precinct No. 6) may be studied through uncoordinated review. to Mr. James C. & Thelma E. Richardson of 155 Northland The Planning Board voted to recommend approval of the Avenue, Buffalo, New York 14208. Mr. & Mrs. Richardson were proposed restaurant. the highest bidders in the amount of Fifty-Nine Thousand RECEIVED AND FILED Dollars ($59,000.00), plus a 10% buyer's premium for a total of Sixty-Four Thousand Nine Hundred Dollars ($64,900.00). NO. 5 The terms of sale required that the purchaser must submit a R. CHAINANI detailed estimate of cost to repair and/or renovate the property 1006 ELMWOOD AVE. and submit proof of financial ability to complete the purchase, SIT-IN RESTAURANT repairs or renovations to the property. ITEM NO. 76, C.C.P_ 10/14/03 Mr. & Mrs. Richardson were sent letters on February 3 rd and The City Planning Boardat its regular meeting held Tuesday, June 27 1h advising them to satisfy the terms of sale. They October 21, 2003, considered the matter captioned above were given a final notice on September 5, 2003 informing them pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. to submit the required list of repairs/renovations and proof of Business District. financing by September 15, 2003 or else the sale would be The applicant seeks to convert a former fitness center into a rescinded and their deposit forfeited. Mr. & Mrs. Richardson sit-in restaurant located at 1006 Elmwood Avenue. Under were given a total of six months to complete the terms of sale SEQR the proposed restaurant is considered an unlisted action and they failed to do so. which may be studied through uncoordinated review. Therefore, we are recommending that the Common Council The Planning Board voted to recommend approval of the approve rescinding the sale of 1446 Main Street, return the proposed restaurant. property to our inventory for resale and that the bidder forfeits RECEIVED AND FILED their deposit in the amount of Eleven Thousand Eight Hundred Dollars ($11,800.00). Ten percent of the deposit will remain NO. 6 with the Auctioneer for the buyer's premium and ten percent LEXINGTON CO-OP will be deposited in the City's General Fund - Sale of Land & 807 ELMWOOD AVE. Buildings. Mr. Fontana moved: no building code violations, taxes or other liens owed to the City That the communication from the Department of Strategic by the purchasers. Planning, dated October 16, 2003, be received and filed; and The Division of Real Estate has investigated the sale of similar That the Executive Director of Strategic Planning be, and he residential properties in the subject area. Sales prices range hereby is authorized to rescind the sale of 1446 Main Street from twenty-four cents (.24) to sixty-six cents (.66) per square (Former Precinct No. 6) to Mr. and Mrs. Richardson of 155 foot. Northland Avenue, that the deposit in the amount of eleven The result of our negotiations are that we have agreed to a thousand and eight hundred dollars ($11,800.00) be forfeited sales price of two thousand four hundred dollars ($2,400), and that the property be returned to inventory for resale. Ten thirty cents (.30) per square foot, for the subject properties. Mr. percent of the deposit will remain with the Auctioneer for the Nurun Nahar Jahangir and Mr. Klan Jahangir have also agreed buyer's premium and ten percent will be deposited in the City's to pay for the cost of the transfer tax, recording fees and cost General Fund - Sale of Land & Buildings. of the legal descriptions. PASSED I am recommending that Your Honorable Body approve the sale AYES - 11 NOES - 0 of 125, 129, 131 Loepere Streets in the amount of two thousand four hundred dollars ($2,400) to Mr. Nurun Nahar NO. 9 Jahangir and Mr. Klan Jahangir. I am further recommending RESULTS OF NEGOTIATIONS that the Corporation Counsel prepare the necessary 372 HICKORY, 100' N BROADWAY documents for the transfer of title and that the Mayor be VACANT LOT: 50' X 150' authorized to execute the same. The Office of Strategic Planning, Division of Real Estate has Mr. Fontana moved: received a request to purchase 372 Hickory Street from Mr. That the above communication from the Office of Strategic Ahmed Yamin of Good Start Development, Inc., 941 Clinton Planning, Division of Real Estate, dated October 21, 2003, be Street, Buffalo, New York 14210. Mr. Yamin owns 362, 366 received and filed; and and 368 Broadway Street. 362 and 368 Broadway are both That the offer from Mr. Khan M. Jahangir and Mr. Nurun Nahar downtown row type houses and 366 Broadway is a residential Jahangir, residing at 142 Central Avenue, Apt. #1, Everett vacant lot. Mr. Yamin intends to use 372 Hickory to gain Massachusetts, 02149, in the sum of two thousand and four access to the properties he owns on Broadway, which are all hundred dollars ($2,400.00) for the purchase of 125, 129 and adjoining. 131 Loepere, be and hereby are accepted; and The Division of Permit and Inspection Services and the That the appraisal requested by the City of Buffalo shall be paid Division of Collections have no objections to the sale. There are by the purchaser; and no building code violations, taxes or other liens owed to the City That the transfer tax, recording fees and cost of legal of Buffalo by the purchaser. description shall be paid by the purchaser; and The Division of Real Estate has investigated the sale of similar That the Corporation Counsel be authorized to prepare the vacant lots in the subject area. Sales prices range from fifty necessary documents for the transfer of title and that the Mayor cents (.50) to one dollar and fifty cents ($1.50) per square foot. be authorized to execute the same, in accordance with the The results of our negotiations are that Mr. Yamin has agreed terms of sale upon which the offer was submitted. and is prepared to pay three thousand seven hundred fifty PASSED dollars ($3,750), fifty cents (.50) per square foot, for the AYES - 11 NOES - 0 subject property. He has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. NO. 11 I am recommending that Your Honorable Body approve the sale TRANSFER OF TITLE of 372 Hickory Street to Mr. Ahmed Yamin of Good Start URBAN HOMESTEAD PROGRAM Development, Inc. in the amount of three thousand seven 357 ADAMS (CITY OWNED-VACANT hundred fifty dollars ($3,750). 1 am further recommending that LOT, 30'X 107') the Corporation Counsel prepare the necessary documents for The Office of Strategic Planning has surveyed the city-owned the transfer of title and that the Mayor be authorized to execute vacant lot at 357 Adams Street, Buffalo, New York, parcel is the same. 30' x 107' in dimension; and it has been determined this parcel REFERRED TO THE COMMITTEE ON FINANCE is inappropriate for either the construction of new housing or needed for any public purpose. NO. 10 Mr. Gary Collins, Mr. Jermaine Collins and Ms. Louise Harris, RESULTS OF NEGOTIATIONS residing at 355 Adams Street, Buffalo, New York 14212 125 LOEPERE, 547.51'S SYCAMORE indicated they will clean, improve and maintain the lot in the LOT SIZE: 30'X 108' event they obtain title to the property under the Urban ASSESSED VALUATION: $1,600 Homestead Program. 129 LOEPERE, 517.51'S SYCAMORE The Division of Permit and Inspection Services and the LOT SIZE: 30'X 108' Division of Collections have been contacted. There are no ASSESSED VALUATION: 1,600 property code violations, taxes or other liens owed to the City of 131 LOEPERE, 487.51'S SYCAMORE Buffalo by the homesteaders. LOT SIZE: 30'X 108' We, therefore, recommend the city-owned vacant lot be ASSESSED VALUATION: 1,600 designated as a Homestead Property and be transferred to Mr. The Office of Strategic Planning, Division of Real Estate has Gary Collins, Mr. Jermaine Collins and received a request from Mr. Khan M. Jahangir and Mr. Nurun Ms. Louise Harris on the condition the property is cleaned and Nahar Jahangir, 142 Central Avenue, Apt #1, Everett, improved within (6) months and maintained in a sanitary Massachusetts, New York 02149, to purchase the above manner. captioned vacant lots for the purpose of building a new house Mr. Fontana moved: and use as a place of residence. That the above communication from the Office of Strategic The Division of Permit and Inspection Services and the Planning dated October 22, 2003, be received and filed; and Division of Collections have no objections to the sale. There are That the city-owned properties commonly known as 357 Adams Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a cleaned and improved within six (6) months and maintained in deed transferring said property to Mr. Gary Collins, Mr. a sanitary manner. Jermaine Collins and Ms. Louise Harris, residing at 355 Adams Mr. Fontana moved Street, for the amount of One Dollar ($1.00) and no more, and That the above communication from the Office of Strategic all costs of transfer, on the condition the property is cleared Planning dated October 22, 2003, be received and filed; and and improved within six (6) months and maintained in a That the city-owned property commonly known as 194 French sanitary manner. Street, is hereby designated as Homestead Property, and that PASSED the Mayor be, and he hereby is authorized to execute a deed AYES - 11 NOES - 0 transferring said property to Mr. Robert Jones, Jr. and Mrs. Ada Jones, residing at 200 French Street, for the amount of NO. 12 One Dollar ($1.00) and no more, and all costs of transfer, on TRANSFER OF TITLE the condition the property is cleared and improved within six (6) URBAN HOMESTEAD PROGRAM months and maintained in a sanitary manner. 452 EMSLIE, 300' N PECKHAM PASSED LOT SIZE: 30'X 126' AYES - 11 NOES - 0 454 EMSLIE, 330'N PECKHAM LOT SIZE: 30'X 126' NO. 14 The Office of Strategic Planning, Division of Real Estate, has TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM surveyed the above referenced City-owned vacant lots. 452 33 HERMAN (CITY OWNED VACANT Emslie and 454 Emslie are both 30'x 126 in dimension. These LOT, 30'X 115') parcels are not needed for any public purpose. The Office of Strategic Planning has surveyed the city-owned Ms. Regina Prude residing at 460 Emslie Street, Buffalo, New vacant lot at 33 Herman Street, Buffalo, New York, parcel is 30' York 14212 has requested to homestead these City lots, which x 115' in dimension; and it has been determined this parcel is are adjoining to her property. inappropriate for either the construction of new housing or The Department of Permit and Inspection Services and the needed for public purpose. Division of Collections have been contacted. There are no Ms. Faye R. Evans residing at 35 Herman Street, Buffalo, New property code violations, taxes or other liens owed to the City of York 14212 has indicated she will clean, improve and maintain Buffalo by the homesteader. the lot in the event she obtains title to the property under the We, therefore, recommend the City-owned vacant lots at 452 Urban Homestead Program. and 454 Emslie Street be designated as Homestead Properties The Division of Permit and Inspection Services and the and be transferred to Ms. Regina Prude on the condition the Division of Collections have been contacted. There are no properties are cleaned and improved within six (6) months and property code violations, taxes or other liens owed to the City of maintained in a sanitary manner. Buffalo by the homesteader. Mr. Fontana moved: We, therefore, recommend the city-owned vacant lot be That the above communication from the Office of Strategic designated as a Homestead Property and be transferred to Ms. Planning dated October 22, 2003, be received and filed; and Faye Evans on the condition the property is cleaned and That the city-owned properties commonly known as 452 and improved within (6) months and maintained in a sanitary 454 Emslie Street, is hereby designated as Homestead manner. Property, and that the Mayor be, and he hereby is authorized to Mr. Fontana moved: execute a deed transferring said property to Ms. Regina Prude, That the above communication from the Office of Strategic residing at 460 Emslie Street, for the amount of One Dollar ($ Planning dated October 22, 2003, be received and filed; and 1.00) and no more, and all costs of transfer, on the condition That the city-owned property commonly known as 33 Herman the property is cleared and improved within six (6) months and Street, is hereby designated as Homestead Property, and that maintained in a sanitary manner. the Mayor be, and he hereby is authorized to execute a deed PASSED transferring said property to Ms. Faye R. Evans, residing at 35 AYES - 11 NOES - 0 Herman Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is NO. 13 cleared and improved within six (6) months and maintained in a TRANSFER OF TITLE sanitary manner. URBAN HOMESTEAD PROGRAM PASSED 194 FRENCH (CITY-OWNED VACANT AYES - 11 NOES - 0 LOT, 30'X 138') The Office of Strategic Planning, Division of Real Estate, has NO. 15 surveyed the City owned vacant lot at 194 French Street, TRANSFER OF TITLE Buffalo, New York, parcel is 30' x 138' in dimension; and it has URBAN HOMESTEAD PROGRAM been determined this parcel is inappropriate for either the 163 JOHNSON STREET construction of new housing or needed for public purpose. (CITY-OWNED VACANT LOT, 25'X 132') Mr. Robert Jones, Jr. and Mrs. Ada Jones residing at 200 The Office of Strategic Planning, Division of Real French Street, Buffalo, New York 14211 indicated they will Estate, has surveyed the Cityowned vacant lot at 163 Johnson clean, improve and maintain the lot in the event they obtain title Street, Buffalo, New York, parcel is 25' x 132' in dimension; to the property under the Urban Homestead Program. and it has been determined this parcel is inappropriate for The Department of Permit and Inspection Services and the either the construction of new housing or needed for public Division of Collections have been contacted. There are no purpose. property code violations, taxes or other liens owed to the City of Ms. Betty Milbrand owns and resides at 157 Johnson Street, Buffalo by the homesteaders. Buffalo, New York 14211. She also owns the vacant lot at 159 We, therefore, recommend the City-owned vacant lot be Johnson Street, which is adjoining. Ms. Milbrand will clean, designated as a Homestead Property and be transferred to Mr. improve and maintain the lot at 163 Johnson Street in the event and Mrs. Robert Jones, Jr. on the condition the property is she obtains title to the property under the Urban Homestead Program. The Department of Permit and Inspection Services and the improved within (6) months and maintained in a sanitary Division of Collections have been contacted. There are no manner. property code violations, taxes or other liens owed to the City of Mr. Fontana Moved: Buffalo by the homesteader. That the above communication from the Office of Strategic We, therefore, recommend the City-owned vacant lot be Planning dated October 22, 2003, be received and filed; and designated as a Homestead Property and be transferred to Ms. That the city-owned property commonly known as 224 Rhode Betty Milbrand on the condition the property is cleaned and Island Street, is hereby designated as Homestead Property, improved within six (6) months and maintained in a sanitary and that the Mayor be, and he hereby is authorized to execute a manner. deed transferring said property to Mr. Gregory Frank, residing REFERRED TO THE COMMITTEE ON COMMUNITY at 220 Rhode Island Street, for the amount of One Dollar DEVELOPMENT ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and No. 16 maintained in a sanitary manner. Transfer of Title, Urban Homestead Program Passed. 637 Northumberland (City Owned Vacant AYES - 11 - NOES - 0 Lot, 30'x 125') The Office of Strategic Planning has surveyed the No. 18 city-owned vacant lot at 637 Northumberland Street, Buffalo, Transfer of Title, Urban Homestead Program New York, parcel is 30'x 125' in dimension; and it has been 433 Swan (City Owned Vacant Lot, 25' x 100') determined this parcel is inappropriate for either the The Office of Strategic Planning has surveyed the construction of new housing or needed for public purpose. city-owned vacant lot at 433 Swan Street, Buffalo, New York, Ms. Mary Blue residing at 635 Northumberland Street, Buffalo, parcel is 25' x 100' in dimension; and it has been determined New York 14215 has indicated she will clean, improve and this parcel is inappropriate for either the construction of new maintain the lot in the event she obtains title to the property housing or needed for public purposes. under the Urban Homestead Program. Ms. Helen and Ms. Josephine Coppola residing at 435 Swan The Division of Permit and Inspection Services and the Street, Buffalo, New York 14204 have indicated they will clean, Division of Collections have been contacted. There are no improve and maintain the lots in the event they obtain title to the property code violations, taxes or other liens owed to the City of property under the Urban Homestead Program. Buffalo by the homesteader. The Division of Permit and Inspection Services and the We, therefore, recommend the city-owned vacant lot to be Division of Collections have been contacted. There are no designated as a Homestead Property and be transferred to Ms. property code violations, taxes or other liens owed to the City of Mary Blue on the condition the property is cleaned and Buffalo by the homesteaders. improved within (6) months and maintained in a sanitary We, therefore, recommend the city-owned vacant lot to be manner. designated as a Homestead Property and be transferred to Ms. Mr. Fontana Moved: Helen and Ms. Josephine Coppola on the condition the That the above communication from the Office of Strategic property is cleaned and improved within (6) months and Planning dated October 22, 2003, be received and filed; and maintained in a sanitary manner. That the city-owned property commonly known as 637 REFERRED TO THE CONWITME ON COMMUNITY Northumberland Street, is hereby designated as Homestead DEVELOPMFNT Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Mary Blue, No. 19 residing at 635 Northumberland Street, for the amount of One Watergate Apartments Dollar ($1.00) and no more, and all costs of transfer, on the Your Honorable Body is hereby requested to approve a condition the property is cleared and improved within six (6) planned renovation of the Watergate I I Apartments located at months and maintained in a sanitary manner. 10 Hertel Avenue, Buffalo, New York, together with the Passed. authorization of a Payment in Lieu of Taxes (PILOT") to AYES - 11 - NOES - 0 preserve the property's long term affordability to its residents. Watergate 11, L.P. a No. 17 New York Limited Partnership, is currently under contract to Transfer of Title, Urban Homestead Program purchase the 195 unit apartment complex ("Property") and is 224 Rhode Island (City Owned Vacant intending on undertaking a $4.5 million renovation including the Lot, 27'x 119') following: installation of a new roof, replacement of all windows, The Office of Strategic Planning has surveyed the modernization of the heating system, replacement of all city-owned vacant lot at 224 Rhode Island Street, Buffalo, New bathroom fixtures, kitchen countertops and cabinets and York, parcel is 27' x 119' in dimension; and it has been refurbishment of the common areas including the addition of a determined this parcel is inappropriate for either the fitness center and computer area. Approximately $14,000 will construction of new housing or needed for public purpose. be invested per rental unit. Mr. Gregory Frank residing at 220 Rhode Island Street, The Property has received the public commitment and support Buffalo, New York 14213 has indicated he will clean, improve of the New York State Housing Finance Agency, whose Board and maintain the lot in the event he obtains title to the property has approved the issuance of 40 year tax exempt bonds. HUD under the Urban Homestead Program. will be providing a subsidy under its Section 236 Program for The Division of Permit and Inspection Services and the the next 10 years having a present value of approximately Division of Collections have been contacted. There are no $1,650,000. property code violations, taxes or other liens owed to the City of Article 11 of the New York Housing Finance Law 577 permits a Buffalo by the homesteader. municipality to provide a tax exemption for projects which will We, therefore, recommend the city-owned vacant lot to be benefit low-income persons. designated as a Homestead Property and be transferred to Mr. The current owner of the Property received a PILOT from the Gregory Frank on the condition the property is cleaned and City of Buffalo in 1971 which requires the payment of approximately $33,000 in PILOT payments every year. These payments would continue until 2011 if the Property is not proposals has been prepared and will be mailed to all interested transferred prior to that time. parties and publicly advertised. The proposed purchaser is requesting a new PILOT. PILOT Therefore, I am recommending that Your Honorable Body Payments would be based upon 5% of gross rents, less a 3% approve the abandonment and sale of the above properties and assumed vacancy. As rents increase over time, PILOT authorize the Office of Strategic Planning, Division of Real Payments would increase accordingly. The minimum PILOT Estate, to dispose of the property in accordance with applicable payments would increase every year, beginning with $67,931 in sections of Article 27 of the City Charter. year one and ending with a minimum payment of $89,634 in REFERRED TO THE COMMITTEE OM FINANCE, THE year 15. The use of the Project for residential use by JOINT SCHOOLS CONSTRUCTION BOARD, AND THE low-income persons shall remain consistent throughout the CORPORATION COUNSEL duration of the PILOT agreement. The project will address the capital needs of the Property's No. 22 30-year-old buildings. The PILOT will assist in maintaining the Lease Request - Amend Lease Renewal Provisions/ long-term affordability of these units for its low income Exercise One Year Renewal residents, and will provide an increase in payments over those 497 Southside - Firehouse Engine No. 25 currently received by the City of Buffalo for this Property. Item No. 134, C.C.P. 4/28/98 Ex. Therefore, the Office of Strategic Planning respectfully In the above referenced item Your Honorable Body approved requests that this Honorable Body support the Project and a lease agreement between the City of Buffalo and WNY Realty approve the attached PILOT Agreement. Funding, Inc. for a five (5) year period with an option for the REFERRED TO THE COMMITTEE ON COMMUNITY City of Buffalo to renew for an additional two (2), five (5) year DEVELOPMENT AND THE CORPORATION COUNSEL periods, the first of which would commence on February 1st, 2004. No. 20 As Your Honorable Body is aware Engine No. 25 is scheduled Correction - Exchange to be relocated in the near future. We have notified the owner 231 Trenton Street for 253 Busti Avenue of the property of the City of Buffalo's intentions not to renew Item # 17, C.C. P. July 22, 2003 the current lease for an additional five (5) years. We have In the above referenced item Your Honorable Body requested that the owner extend the current lease for an authorized the exchange of 231 Trenton Street 75' x 100', a additional one (1) year period with an option to renew for an City-owned vacant lot for 253 Busti Avenue, a vacant lot 55'x additional one (1) year. 132'owned by Primera Iglesia Methodista Unida Church. The owner has agreed to amend the lease to provide for a one We incorrectly identified the lot owned by the Church as 253 (1) year extension and an additional one (1) year renewal option Busti. The properties owned by the Church are 251 and 255 thereafter. However, the owner has requested that they be Busti Avenue. given a six (6) month notice if the City intends to renew. Therefore, we are recommending that Your Honorable Body I am recommending that Your Honorable Body approve amend your prior approval and authorize the exchange of the amending the current lease upon the above stated terms and City-owned lot at 231 Trenton Street for 251 and 255 Busti conditions and also approve an exercise of the first of the two Avenue owned by the Church, upon the same terms and available one year renewals. conditions as previously approved. REFERRED TO THE COMMITTEE ON FINANCE AND THE Mr. Fontana Moved: CORPORATWN COUNSEL That the above communication from the Office of Strategic Planning dated October 20, 2003, be received and filed; and No. 23 That the prior approval be amended to approve and authorize Rescind Sale the exchange of city-owned lot at 231 Trenton Street for 251 20 West Avenue and 255 Busti Avenue owned by Primera Iglesia Methodista Item # 137, C.C.P. July 11, 2000 Unida Church, upon the same terms and conditions as In the above referenced item Your Honorable Body previously approved in Item No. 17, C.C.P., July 22, 2003. authorized the sale of 20 West Avenue to Mr. Florentino Passed. Hernandez residing at 16 West Avenue, Buffalo, New York. AYES - 11 - NOES - 0 The terms of sale indicated the purchase price is to be paid in cash or certified funds no later than forty-five days following the No. 21 sale. The City Law Department notified the purchaser Abandonment and Sale of School No. 57 numerous times to make arrangements for the closing and pay 231 Sears and Buffalo Alternative 266 Oak Street the balance owed. Three years have elapsed without any The Office of Strategic Planning, Division of Real Estate, contact to the City Law Department. has been informed by Mel Alston, Superintendent of Plant Therefore, this office is recommending the Common Council to Services, Buffalo Board of Education that School No. 57 - rescind the sale of 20 West Avenue, return the property to the Broadway Village Elementary Community School located at 231 inventory of the Division of Real Estate and the deposit is Sears and Buffalo Alternative High School located at 266 Oak forfeited. Street, will be abandon for educational purposes and turned Mr. Fontana Moved: over to the City of Buffalo, Division of Real Estate for That the communication from the Department of Strategic disposition on or about November 1, 2003. Planning, dated October 21, 2003, be received and filed; and As these properties are turned over to the Division of Real That the Executive Director of Strategic Planning be, and he Estate the properties will be secured and winterized. The hereby is authorized to rescind the sale of 20 West Avenue, properties will also be placed in our sale catalog and marketed that the deposit be forfeited by Mr. Florentino Hernandez for sale. residing at 16 West Avenue and that the property be returned The Office of Strategic Planning has been receiving inquires to inventory for resale. from interested parties for these properties. Several proposals Passed have been received for 266 Oak Street and reviewed by the AYES - 11 - NOES - 0 Office of Strategic Planning Staff. A formal request for FROM THE COMPTROLLER It is my recommendation that in the future, the City of Buffalo No. 24 not consider entering into real property tax ceiling or tax cap Audit Review agreements with 40-year terms. Such agreements are not in The Department of Audit and Control routinely reviews the best interests of the City of Buffalo or its taxpayers. controls in the City and its related entities. In addition to the RECEIVED AND FILED Revenue Audits such as: Treasury, City Clerk, Parking Enforcement and Permits/Licenses, the department performs FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS performance reviews. AND STREETS The following represents a recap of the findings and results of No. 28 these. There are substantial savings realized or to be realized Notification Serial # 9739 as a result of the findings and procedures. Install Handicapped Parking Fire Department 207A Demolition Unit Various Locations Fire Department Overtime User Fee System In conformity with Section 49 of Chapter 479 of the Ordinances Permits Licenses of the City of Buffalo, the City Engineer hereby notifies Your Contract Personnel Police PBA Contract Honorable Body of this action supplementing, amending, or Water Board Board of Education Special repealing existing provisions of Chapter 479 of the Ordinances, Projects as stated below, to be effective forty five days after the first Vehicle Audit Council meeting at which they appear on the agenda as an item REFERRED TO THE COMMITTEE ON FINANCE AND THE business. COMMISSIONER 0F ADMINISTRATION AND FINANCE That part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding No. 25 thereto the following: HANDICAPPED PARKING Police Department Chief appointments HANDICAPPED PARKING LOCATION Pursuant to your request dated October 8, 2003, enclosed Parking Meter Number please find ALL paperwork received by the Department of Audit 90 and 93 Broadway and Control regarding the position of Chief in the Police 16 and 47 Court Street Department (Claudia Childs and George Loncar. The effective 25, 69, 107, 137 and 205 Delaware Avenue date of the pay increase to Chief for Claudia Childs and George 102 and 121 West Eagle Street Loncar is July 1, 2003. 109 and 119 Ellicott Street 1. Department of Audit and Control took immediate 17 and 112 South Elmwood Avenue corrective action (see memo to payroll auditors). 179 Franklin Street 2. Reverted Harold McLellan and George Loncar to Chief 108 West Genesee Street (Job Class 228 1, salary $84,77 1). 11 West Huron Street 3. Department of Audit and Control will meet with MIS to 700 Main Street implement computer audit checks to ensure all necessary 68 Oak Street actions/approvals exist prior to an employee being paid 90, 93, 129, 140, 191, 252, 287, 321, 387, 445 and 500 Pearl (new hire, promotion, etc.). Street REFERRED TO THE COMMITTEE ON CIVIL SERVICE 5 and 17 Seneca Street 49 West Seneca Street NO. 26 2 and 12 Swan Street Certificate of Appointment 7, 15 and 42 West Swan Street Appointment Effective: 10/9/03 In the Department of: Audit and 95 Washington Street Control 17 William Street Division of: Audit to the Position of: Junior Auditor Permanent PERIOD OF HANDICAPPED PARKING Appointment at the: Maximum Starting Salary of: $ 32,281 At all times. Frank Barrile 1013 Tifft St Buffalo, NY 14220 This action is being taken in order to provide on street REFERRED TO THE COMMITTEE ON CIVIL SERVICE Handicapped metered parking at various locations as recommended by the Director of Parking Enforcement. FROM THE COMMISSIONER OF ASSESSMENT AND Notification Serial # 9740 TAXATION Repeal Handicapped Parking Hodge Avenue, south side No. 27 between Elmwood Avenue (Item 44, CCP. October 14, 2003) and Delaware Avenue Refund of Excess Taxes - HANDICAPPED PARKING - REPEAL Buffalo Village Associates In conformity with Section 49 of Chapter 479 of the Ordinances The above item was referred to the Department of of the City of Buffalo, the City Engineer hereby notifies Your Assessment and Taxation for comment. This is a contractual Honorable Body of this action supplementing, amending, or agreement between the City of Buffalo and Buffalo Village repealing existing provisions of Chapter 479 of the Ordinances, Associates entered into on February 24, 1975 and initially as stated below, to be effective forty five days after the first approved by the Common Council on November 28, 1972, as Council meeting at which they appear on the agenda as an item shown in the attached copy of the City Clerk's certification business. dated July 6, 1973. The agreement provided for a real property That part of Subdivision 26 Section 15 of Chapter 479 of tax ceiling for a duration of 40-years on nine parcels owned by Ordinances of the City of Buffalo be supplemented by repealing the partnership. therefrom the following: HANDICAPPED PARKING Based upon my review of the enabling Common Council HANDICAPPED PARKING LOCATION legislation and the agreement itself, it is my conclusion that the Hodge Avenue, south side between points 365' east and 500' City of Buffalo has no alternative but to comply with this east of Elmwood Avenue. agreement. PERIOD OF HANDICAPPED PARKING 9pm Wednesday to 9pm Sunday That part of Subdivision 26 Section 15 of Chapter 479 of This action is being taken in order to improve visibility in an Ordinances of the City of Buffalo be supplemented by adding area used for pedestrian crossing at Women and Children's thereto the following: HANDICAPPED PARKING Hospital, without reducing the amount of available handicapped HANDICAPPED PARKING LOCATION parking. (see next 9 serials) Hodge Avenue, north side between a point 320' east of Notification Serial # 9741 Elmwood Avenue and a point 4 10' east of Elmwood Avenue Repeal Handicapped Parking PERIOD OF HANDICAPPED PARKING Hodge Avenue, north side 9pm Sunday to 9pm Wednesday between Delaware Avenue This action is being taken in order to improve visibility in an and Elmwood Avenue area used for pedestrian crossing at Women and Children's HANDICAPPED PARKING - REPEAL Hospital, without reducing the amount of available handicapped In conformity with Section 49 of Chapter 479 of the Ordinances parking. (see previous 3 and next 6 serials) of the City of Buffalo, the City Engineer hereby notifies Your Notification Serial # 9744 Honorable Body of this action supplementing, amending, or Permissive Parking - Repeal repealing existing provisions of Chapter 479 of the Ordinances, on Hodge Avenue, south side as stated below, to be effective forty five days after the first between Elmwood Avenue Council meeting at which they appear on the agenda as an item and Delaware Avenue business. PERMISSIVE PARKING - REPEAL That part of Subdivision 26 Section 15 of Chapter 479 of In conformity with Section 49 of Chapter 479 of the Ordinances Ordinances of the City of Buffalo be supplemented by repealing of the City of Buffalo, the City Engineer hereby notifies Your therefrom the following: HANDICAPPED PARKING Honorable Body of this action supplementing, amending, or HANDICAPPED PARKING LOCATION repealing existing provisions of Chapter 479 of the Ordinances, Hodge Avenue, north side between a point 355' east of as state( below, to be effective forty five days after the first Elmwood Avenue and a point 48 0' east of Elmwood Avenue. Council meeting at which they appear on the agenda as an item PERIOD OF HANDICAPPED PARKING business. 9pm Sunday to 9pm Wednesday That part of Subdivision 25 Section 15 of Chapter 479 of This action is being taken in order to improve visibility in an Ordinances of the City of Buffalo be supplemented by repealing area used for pedestrian crossing at Women and Children's therefrom the following: PERMISSIVE PARKING Hospital, without reducing the amount of available handicapped PERMISSIVE PARKING LOCATION parking. (see previous I and next 8 serials) Hodge Avenue, south side between Elmwood Avenue and a Notification Serial # 9742 point 365' east therefrom. Install Handicapped Parking Hodge Avenue, south side between points 500' east and 720' Hodge Avenue, south side east of Elmwood Avenue. between Elmwood Avenue PERIOD OF PERMISSIVE PARKING - DAILY and Delaware Avenue 2 hour parking 7am to 7pm Thursday, Friday, Saturday HANDICAPPED PARKING - INSTALL This action is being taken in order to improve visibility in an In conformity with Section 49 of Chapter 479 of the Ordinances area used for pedestrian crossing at Women and Children's of the City of Buffalo, the City Engineer hereby notifies Your Hospital, without reducing the amount of available handicapped Honorable Body of this action supplementing, amending, or parking. (see previous 4 and next 5 serials) repealing existing provisions of Chapter 479 of the Ordinances, Notification Serial # 9745 as stated below, to be effective forty five days after the first Permissive Parking - Repeal Council meeting at which they appear on the agenda as an item on Hodge Avenue, north side business. between Delaware Avenue That part of Subdivision 26 Section 15 of Chapter 479 of and Elmwood Avenue Ordinances of the City of Buffalo be supplemented by adding PERMISSIVE PARKING - REPEAL thereto the following: HANDICAPPED PARKING In conformity with Section 49 of Chapter 479 of the Ordinances HANDICAPPED PARKING LOCATION of the City of Buffalo, the City Engineer hereby notifies Your Hodge Avenue, south side between a point 345' east of Honorable Body of this action supplementing, amending, or Elmwood Avenue and a point 480' east of Elmwood Avenue repealing existing provisions of Chapter 479 of the Ordinances, PERIOD OF HANDICAPPED PARKING as stated below, to be effective forty five days after the first 9pm Wednesday to 9pm Sunday Council meeting at which they appear on the agenda as an item This action is being taken in order to improve visibility in an business. area used for pedestrian crossing at Women and Children's That part of Subdivision 25 Section 15 of Chapter 479 of Hospital, without reducing the amount of available handicapped Ordinances of the City of Buffalo be supplemented by repealing parking. (see previous 2 and next 7 serials) therefrom the following: PERMISSIVE PARKING Notification Serial # 9743 PERMISSIVE PARKING LOCATION Install Handicapped Parking Hodge Avenue, north side between Elmwood Avenue and a Hodge Avenue, north side point 375' east therefrom. between Delaware Avenue Hodge Avenue, north side between points 480' east and 720' and Elmwood Avenue east of Elmwood Avenue. HANDICAPPED PARKING - INSTALL PERIOD OF PERMISSIVE PARKING – DAILY In conformity with Section 49 of Chapter 479 of the Ordinances 2 hour parking 7am to 7pm Monday, Tuesday, Wednesday of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken in order to improve visibility in an Honorable Body of this action supplementing, amending, or area used for pedestrian crossing at Women and Children's repealing existing provisions of Chapter 479 of the Ordinances, Hospital, without reducing the amount of available handicapped as stated below, to be effective forty five days after the first parking. (see previous 5 and next 4 serials) Council meeting at which they appear on the agenda as an item Notification Serial # 9746 business. Install Permissive Parking on Hodge Avenue, south side between Elmwood Avenue Hodge Avenue, south side between a point 480' east of and Delaware Avenue Elmwood Avenue and a point 520' east of Elmwood Avenue. PERMISSIVE PARKING - INSTALL PROHIBITED PERIOD In conformity with Section 49 of Chapter 479 of the Ordinances At all times. of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken in order to improve visibility in an Honorable Body of this action supplementing, amending, or area used for pedestrian crossing at Women and Children's repealing existing provisions of Chapter 479 of the Ordinances, Hospital, without reducing the amount of available handicapped as stated below, to be effective forty five days after the first parking. (see previous 8 and next 1 serials) Council meeting at which they appear on the agenda as an item Notification Serial # 9749 business. Install No Standing on That part of Subdivision 25 Section 15 of Chapter 479 of Hodge Avenue, north side Ordinances of the City of Buffalo be supplemented by adding between Delaware Avenue thereto the following: PERMISSIVE PARKING and Elmwood Avenue PROHIBITED PORTION OF HIGHWAY NO STANDING -INSTALL Hodge Avenue, south side between points 520' east and 720' In conformity with Section 49 of Chapter 479 of the Ordinances east of Elmwood Avenue. of the City of Buffalo, the City Engineer hereby notifies Your Hodge Avenue, south side between Elmwood Avenue and a Honorable Body of this action supplementing, amending, or point 345' east therefrom. repealing existing provisions of Chapter 479 of the Ordinances, PROHIBITED PERIOD - DAILY as stated below, to be effective forty five days after the first 2 hour parking 7am to 7pm Thursday, Friday, Saturday Council meeting at which they appear on the agenda as an item This action is being taken in order to improve visibility in an business. area used for pedestrian crossing at Women and Children's That part of Subdivision 22 Section 15 of Chapter 479 of Hospital, without reducing the amount of available handicapped Ordinances of the City of Buffalo be supplemented by adding parking. (see previous 6 and next 3 serials) thereto the following: NO STANDING Notification Serial # 9747 PROHIBITED PORTION OF HIGHWAY Install Permissive Parking Hodge Avenue, north side between a point 4 10' east of on Hodge Avenue, north side Elmwood Avenue and a point 520' east of Elmwood Avenue. between Delaware Avenue PROHIBITED PERIOD and Elmwood Avenue At all times. PERMISSIVE PARKING - INSTALL This action is being taken in order to improve visibility in an In conformity with Section 49 of Chapter 479 of the Ordinances area used for pedestrian crossing at Women and Children's of the City of Buffalo, the City Engineer hereby notifies Your Hospital, without reducing the amount of available handicapped Honorable Body of this action supplementing, amending, or parking. (see previous 9 serials) repealing existing provisions of Chapter 479 of the Ordinances, RECEIVED AND FILED as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item NO. 29 business. REPORT OF BIDS That part of Subdivision 25 Section 15 of Chapter 479 of STREETLIGHT STANDARDS FOR Ordinances of the City of Buffalo be supplemented by adding HERTEL AVENUE - 2003 thereto the following: PERMISSIVE PARKING GROUP #611 PROHIBITED PORTION OF HIGHWAY This is to advise Your Honorable Body that I have advertised Hodge Avenue, north side between Elmwood Avenue and a and received bids on Oct. 8, 2003. point 320' east therefrom. The following bids were received: Hodge Avenue, north side between points 520' east and 720' Contractor Total Bid Price east of Elmwood Avenue. Ferguson Electric . $96,250.00 PROHIBITED PERIOD - DAILY 33 Ellicott Street 2 hour parking 7am to 7prn Monday, Tuesday, Wednesday Buffalo, New York 14203 This action is being taken in order to improve visibility in an Spoth Enterprises . $99,750.00 area used for pedestrian crossing at Women and Children's 8746 Lakeshore Rd. Hospital, without reducing the amount of available handicapped Angola, New York 14006 parking. (see previous 7 and next 2 serials) I hereby certify that the lowest responsible bidder for the above Notification Serial # 9748 project is Ferguson Electric and I respectfully recommend that Install No Standing on Your Honorable Body authorize a contract award to Ferguson Hodge Avenue, south side Electric in the amount of $105,875.00. (Base Bid of $96,250.00 between Elmwood Avenue + [10% unit price increases] $9,625.00 equals [Total Award] and Delaware Avenue $105,875.00.) Funds for this project are available in our Capital NO STANDING -INSTALL Accounts #30032106, 35310806 and 34310606. The In conformity with Section 49 of Chapter 479 of the Ordinances engineer's estimate for this work is $110,000.00. of the City of Buffalo, the City Engineer hereby notifies Your Mr. Fontana moved: Honorable Body of this action supplementing, amending, or That the above communication from the Commissioner of repealing existing provisions of Chapter 479 of the Ordinances, Public Works, Parks and Streets dated October 20, 2003, be as state below, to be effective forty five days after the first received and filed; and Council meeting at which they appear on the agenda as an item That the Commissioner of Public Works, Parks and Streets, business. be, and he hereby is authorized to award a contract for That part of Subdivision 22 Section 15 of Chapter 479 of Streetlight Standards for Hertel Avenue - 2003, Group #611, to Ordinances of the City of Buffalo be supplemented by adding Ferguson Electric, the lowest responsible bidder, in the amount thereto following: NO STANDING of $105,875. Funds for the project are available in Capital PROHIBITED PORTION OF HIGHWAY Accounts #30032106, 35310806 and 34310606. PASSED AYES - 11 NOES - 0 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your NO. 30 Honorable Body approve the subject change order and CHANGE IN CONTRACT authorize the Commissioner of Public Works, Parks & Streets JOHN W. DANFORTH COMPANY to issue said change order to Trimax Residuals. Permission is CONTRACT #92010670 requested from Your Honorable Body to authorize the increase I hereby submit to Your Honorable Body the following change in contract as stated above. order for this contract. This change order is necessary for Mr. Fontana moved required modifications to the North Basin Flocculation and That the above communication from the Commissioner of Rehabilitation Project. The following items are required to aid Public Works, Parks and Streets dated October 28, 2003, be the sedimenation process: received and filed; and Item 1. Additional North Basin Drainage Troughs: The new That the Commissioner of Public Works, Parks and Streets be, troughs and associated mud valves are required to facilitate and he hereby is authorized to issue a change order, to Trimax sludge removal from the North Sedimentation Basin. Residuals, an increase in the amount of S69,650.00, as more The work for the two new troughs and mud valves includes 12" fully described in the above communication, for open cutting 21 concrete floor removal, installation of reinforcing steel, and new services including the associated curb repair and for additional concrete for each 4' x 60' collection trough. Cost = $149,550.00 asphalt base and binder repair, Contract #92010756. Funds for Item 2. Polymer Line: The addition of a polymer line to allow this project are available in a Division of Water account polymer addition prior to the sedimentation basins. Polymer 53180636. enhances settling and assists treatment plant personnel in PASSED improving water quality. The work include the installation of AYES - 11 NOES - 0 approximately 2501 of double wall insulated process pipe and associated valves. Cost = $45,770.00 NO. 32 Item 3. Additional North Basin Decant Valve: This additional CHANGE IN CONTRACT SHEA'S PERFORMING ARTS valve will allow plant personnel to decant clean water from the CENTER PHASE I - EXTERIOR RESTORATION EAST North Basin in lieu of pumping through our wastewater pump WALL & MAIN ST. FACADE JOB NO. 0335 station and treatment facilities. Cost $6,380.00 I hereby submit to Your Honorable Body the following Contract Amount: $1,853,190.00 changes for Job No. 0335, Shea's Performing Arts Center, This Change Order: $ 201,700.00 Phase 1, Exterior Restoration, East Wall & Main St. Facade, Total Contract $2,054,890.00 General Construction, Rodems Construction, C #92010815. Funds are available in a Division of Water account (53170626) 1. Stabilization of existing terra-cotta - Terra-cotta and parapet I respectfully certify that this change order is fair and equitable work above 4 th floor window. Add $18,382.00 for the work involved, and respectfully request that Your The foregoing change results in a net increase in the contract Honorable Body approve the subject change order and of Eighteen Thousand Three Hundred Eighty Two and 00/100 authorize the Commissioner of Public Works, Parks & Streets Dollars ($18,382.00.00). to issue said change order to Trimax Residuals. Permission is Summary: Current Contract Amount $1,736,000.00 requested from Your Honorable Body to authorize the increase Amount of This Change Order (#1) Add $ 18,382.00 in contract as stated above. Revised Contract Amount $1,754,382.00 Mr. Fontana moved: Costs have been reviewed by the Consulting Architect (Kideney That the above communication from the Commissioner of Architects) and the Department of Public Works, Parks & Public Works, Parks and Streets dated October 28, 2003, be Streets and were found to be fair and equitable. Funds for this received and filed; and work are to available in Division of Buildings' Capital Accounts. That the Commissioner of Public Works, Parks and Streets be, I request that Your Honorable Body authorize the and he hereby is authorized to issue a change order, to Trimax Commissioner of Public Works, Parks & Streets to issue a Residuals, an increase in the amount of $201,700.00, as more change order to the contractor as set forth above. fully described in the above communication, for work relating to Mr. Fontana moved: North Basin Flocculation and Rehabilitation Project, Contract That the above communication from the Commissioner of #92010670. Funds for this project are available in a Division of Public Works, Parks and Streets dated October 21, 2003, be Water account 53170626. received and filed; and PASSED That the Commissioner of Public Works, Parks and Streets be, AYES - 11 NOES - 0 and he hereby is authorized to issue change order No. 1, to Rodems Construction, an increase in the amount of NO. 31 $18,382.00, as more fully described in the above CHANGE IN CONTRACT communication, for work relating to Shea's Performing Arts C. DESTRO DEVELOPMENT Center, Phase I - Exterior Restoration East Wall & Main Street CONTRACT #92010756 Fagade, Job No. 0335, C #92010815. Funds for this project I hereby submit to Your Honorable Body the following change are available in Division of Buildings' Capital Accounts. order for this contract. This change order is necessary for open PASSED cutting 21 services including the associated curb repair and for AYES - 11 NOES - 0 additional asphalt base and hinder repair: 1) 21 services x $3,000 additional per service = $63,000.00 NO. 33 2) Additional Asphalt Base: $70.00/ton x 74 tons = $5,180.00 CHANGE IN CONTRACT 3) Additional Asphalt Binder: $70.00/ton x 21 tonsSMALL ANIMAL SHELTER =$1,470.00 KENNEL UPGRADES Contract Amount: $1,251,947.23 JOB NO. 02-105 This Change Order: $ 69,650.00 I hereby submit to Your Honorable Body the following Total Contract $1,321,S97.23 changes for Job No. 02-105, Funds are available in a Division of Water account (53180636) Small Animal Shelter, Kennel Upgrades, Miller Enterprises, Inc., C #92010749. 1. Install trench in isolation room for drainage. Add $ share of costs will be available in our Capital Account for Local 1,407.00 Match Reserve. 2. Replace 4 locks and 5 deadbolts. Add $ 1,526.00 Mr. Fontana moved: 3. Replace 24 sq ft of drywall in vets room and install That the above communication from the Commissioner of ceramic over replacement. Add $ 424.00 Public Works, Parks and Streets dated October 22, 2003 be 4. Reskin existing kennel divider panels (7). Add $ received and filed; and 3,400.00 That the Mayor be, and he hereby is authorized to enter into all The foregoing change results in a net increase in the contract necessary agreements with the New York State Department of of Six Thousand Seven Hundred Fifty Seven and 00/100 Transportation to administer, design, bid and construct the Dollars ($6,757.00). reconstruction of Grider Street from Kensington to Delavan Summary: Current Contract Amount $101,772.00 Avenues, PIN #5756.51. The City's share of costs is available Amount of This Change Order (45) Add $ 6,757.00 in Capital Account for Local Match Reserve. Revised Contract Amount $108,529.00 PASSED Costs have been reviewed by the Department of Public Works, AYES - 11 NOES - 0 Parks & Streets and were found to be fair and equitable. Funds for this work are to available in CPF 36322206 445 100 - NO. 36 Division of Buildings. PERMISSION TO ENTER INTO AGREEMENTS I request that Your Honorable Body authorize the W/NYSDOT Commissioner of Public Works, Parks & Streets to issue a PROVIDE MATCHING FUNDS change order to the contractor as set forth above. RAILS-TO-TRAILS PROJECT Mr. Fontana moved PIN #5756.83 That the above communication from the Commissioner of Permission is requested from Your Honorable Body to Public Works, Parks and Streets dated October 21, 2003, be authorize the Mayor of the City of Buffalo to enter into all received and filed; and necessary agreements with the New York State Department of That the Commissioner of Public Works, Parks and Streets be, Transportation (NYSDOT) to administer, design, bid and and he hereby is authorized to issue change order No. 5, to construct a Rails - To -Trails Bicycle / Pedestrian Pathway Miller Enterprises, Inc., an increase in the amount of Project. Pathways to be constructed on former railroad right of $6,757.00, as more fully described in the above way with access to Amherst St., Main St., Kenmore Ave., communication, for work relating to Small Animal Shelter, Delaware Ave., Shoshone Park and McCarthy Park. Kennel Upgrades, Job No. 02-105, C #92010749. Funds for In addition, permission is requested for the City to hire an this project are available in CPF 36322206 445 100 - Division engineering consultant and commit funding necessary for first of Buildings. instance costs and all related Federal and Non-Federal shares PASSED of project costs. The City of Buffalo's share of costs for this AYES - 11 NOES - 0 project is anticipated to be 5%. Costs estimates for the work, including engineering are $1.5 million dollars and the City's NO. 34 share of costs will be available in our Capital Account for Local CITY OF BUFFALO SNOW CONTROL PLAN Match Reserve. As required by Section 15-35 of the Charter of the City of Mr. Fontana moved: Buffalo, I hereby submit the 2003-2004 Snow Control Plan. That the above communication from the Commissioner of Our equipment and manpower have been readied for the Public Works, Parks and Streets dated October 20, 2003 be upcoming winter. 1, along with our entire senior staff, will be on received and filed; and call around the clock to oversee snow removal efforts. Mr. That the Mayor be, and he hereby is authorized to enter into all Steven Stepniak, who was appointed to the position of Director necessary agreements with the New York State Department of of Street Cleaning and Snow' Removal has been working Transportation to administer, design, bid and construct a Rails closely with his division staff to refine this plan. We are - To - Trials Bicycle/Pedestrian Pathway Project, PIN #5756.83 confident in our ability to deliver this vital service. Environmental Assessment Phases only I and II. The City's REFERRED TO THE COMMITTEE ON STREETS share of costs is available in Capital Account for Local Match SERVICES Reserve. PASSED NO. 35 AYES - 11 NOES - 0 PERMISSION TO ENTER INTO AGREEMENTS W/NYSDO1 PROVIDE MATCHING FUNDS FROM THE COMMISSIONER OF POLICE RECONSTRUCTION PROJECT GRIDER ST. FROM KENSINGTON AVE. TO NO. 37 DELAVAN AVE. INFO POLICE CHIEFS PIN #5756.51 As a result of our meeting earlier this week in the Mayor's Permission is requested from Your Honorable Body to Office and our meeting with the Civil Service Committee on authorize the Mayor of the City of Buffalo to enter into all Tuesday morning we are sending new-,, Certificates of necessary agreements with the New York State Department of Appointment for Chiefs' Claudia Childs, George Loncar and Transportation (NYSDOT) to administer, design, bid and Harold McLellan. construct the reconstruction of Grider St. from Kensington Ave. As you know the certificates were previously submitted to the to Delavan Ave. Mayor's Office, however, they were never sent to the City In addition, permission is requested for the City to hire an Clerk's Office because we were awaiting a response from your engineering consultant and commit funding necessary for first office on the proper salary. We were uncertain as to the proper instance costs and all related Federal and Non-Federal shares salary and title based on the initial salary ordinances. of project costs. The City of Buffalo's share of costs for this At this time we are submitting new certificates reflecting the project is anticipated to be 5%. Costs estimates for the work, salary of $84,771 with the understanding that your office will be including engineering are $3.5 million dollars and the City's submitting new salary ordinance amendments for the position of Chief at a salary of $89,942 f as per City Charter Section 24-14 (a)). This salary ordinance amendment will also eliminate reviewed the proposed PILOT agreement and agrees that it is the title of "Chief - in command of Districts." in the City's best interests. Once approved, the City will receive After the salary ordinance amendments have been submitted more tax revenue immediately from the property as an and approved by the Council, we will then change the salaries apartment building, than if it remained a vacant warehouse. of all six Chiefs from $84,771 to $89,942. The property will be substantially improved and the property will Please find the names of the four (4) other Chiefs affected by be fully taxed after fifteen (15) years. this listed below: REFERRED TO THE COMMITTEE ON FINANCE 1. Chief James P. Gianimaresi 2. Chief Edward C. Hempling FROM THE COMMISSIONER OF PERMIT & INSPECTION 3 . Chief Harold McLellan SERVICES 4. Chief Lawrence Ramunno If you need any additional information from us please feel free NO. 43 to contact me at 851-4571. B. DAVIS-S. MYREE SR. - CITY OWNED LOTS - 32 Sincerely, WOHLERS AVE & 31 ROEHRER Rocco J. Diina ITEM NO. 58, C.C.P. SEPTEMBER 30. 2003 Commissioner of Police I am in receipt of the above stated Common Council REFERRED TO THE COMMITTEE ON CIVIL SERVICE Communication and wish to supply your Honorable Body with the following information. We in the Department of Permit and AMENDED Inspection Services are aware of the conditions of the lots the NO. 38 aforementioned properties. We have repeatedly order the CERTIFICATE OF APPOINTMENT contractors to correct the situation on these lots. Please b Appointment Effective: July 1, 2003 in the Department of: advised that Topor demolition (32 Wohlers) and Zoladz Police Contracting ( 31 Roehrer) are to appear at a hearing on the Division of: Police to the Position of Chief, Permanent respective licenses. If any or all of your Honorable Body wish to Appointment appear at the meeting of the Construction and Home at the Flat Starting Salary of $ 84,771 Improvement Board on October 23, 2003, we would appreciate George M. Loncar, 140 Pontiac Street, Buffalo, NY 14206 any input into this situation that may clarify the status these Claudia Childs, 50 Applewood Road, Cheektowaga, NY 14225 demolition contractors. It is my sincere hope that this response REFERRED TO THE COMMITTEE ON CIVIL SERVICE satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 AMENDED NO. 44 CERTIFICATE OF APPOINTMENT USED CAR DEALER Appointment Effective September 12, 2003 534 COLVIN AVE. BLDG #2 in the Department of Police, Division of: Police Pursuant to Chapter 254 of the City of Buffalo Ordinances, to the Position of: Chief, Permanent, Non Competitive at the flat please be advised that I have examined the attached Starting Salary of $84,771 application for a Used Car Dealer License located at 534 Colvin Harold McLellan, 49 Division Street, No.Tonawanda, NY 14120 Ave. Bldg #2 and find that as to form is correct. I have caused REFERRED TO THE COMMITTEE ON CIVIL SERVICE an investigation into the premises for which said application for a used car dealer license is being sought an according, to the FROM THE CORPORATION COUNSEL attached reports from the Zoning Office, Fire Department and NO. 40 Building Inspections, I find it complies with all regulations and REGIONAL ASSETS SALES AGREEMENT other applicable laws. I have caused an investigation by the CORRECTED AND REVISED Police Department into the moral character of Ronald Raskin. Attached please find a corrected and revised Regional The attached thereto for Ronald Raskin. d/b/a Rand Ave Assets Sales Agreement for the Buffalo Zoological Gardens, Motors. This request is submitted for your approval or whatever Shea's Performing Arts Center and Kleinhans Music Hall. The action you deem appropriate. version previously filed (Item No. 45, C.C.P., October 14, REFERRED TO THE COMMITTEE ON LEGISLATION 2003) was not the final draft intended for distribution to the Council. Paragraphs 3, 14 and 15 address the issues raised by NO. 45 the Common Council. USED CAR DEALER REFERRED TO THE COMMITTEE ON FINANCE 1719 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 41 please be advised that I have examined the attached REVIEW OF NOMINEES FOR application for a Used Car Dealer License located at 1719 APPOINTMENT-BOARD OF ETHICS Seneca and find that as to form is correct. I have caused a ITEM NO. 1, C.C.P., 10/14/03 investigation into the premises for which said application for a The Corporation Counsel conferred with the Division of used car dealer license is being sought and according t~ the Collections and reports (as verified by that Division as of attached reports from the Zoning Office, Fire Department and October 17, 2003) that the following nominees to the Board of Building Inspections, I find it complies with al regulations and Ethics have no outstanding debts to the City: other applicable laws. I have caused an investigation by the Sylvester Harold Eleanor Paterson, Ph.D. Police Department into the moral character of David Przybysz. RECEIVED AND FILED The attached thereto for David Przybysz. d/b/a Dave's Auto Service. This request is submitted for your approval or NO. 42 whatever action you deem appropriate. WASHINGTON STREET APARTMENTS REFERRED TO THE COMMITTEE ON LEGISLATION You requested a response from the Law Department regarding the proposed PILOT agreement for the Washington NO. 46 Street Apartments. The Corporation Counsel's office has been CERTIFICATE OF APPOINTMENT Appointment Effective October 20, 2003 in the Department Please grant the Department of Community Services of permission to accept the contract. Permit and Inspection Services, Division of Code Review Goal: The goal of this program is the Planning for and Office Administration of Federal Juvenile Justice and Delinquency to the Position of Account Clerk Typist, PROVISIONAL Prevention Act funds received by the City. APPOINTMENT at the THIRD STEP Starting Salary of. Benefit to the City: The City of Buffalo will receive $3005.00 of $27,748. reimbursement for fringe benefits spent in year 2002. Jason P. Kline, 197 Norwalk, Buffalo, NY 14216 Mr. Fontana Moved: REFERRED TO THE COMMITTEE ON CIVIL SERVICE That the above communication from the Commissioner of Community Services dated October 15, 2003 be received and FROM THE COMMISSIONER OF ADMINISTRATION AND filed; and FINANCE That the Commissioner of Community Services be, and he hereby is authorized on behalf of the City to accept a grant of NO. 47 $3,005.00 from the New York State Department of Criminal WAIVER OF PERFORMANCE BOND Justice Services to refund a Planning and Administration grant CONTRACT 7159 - JOE JOHNSON EQUIPMENT (USA), from the Year 2002. INC. Passed. REAR LOADING PACKER BODIES FOR THE AYES - 11 - NOES - 0 DEPARTMENT OF PUBLIC WORKS (STREET SANITATION). FROM THE BOARD OF EDUCATION Formal bids were opened on August 6, 2003 for the above contract, after being advertised in the Buffalo News and several No. 50 smaller publications. Joe Johnson Equipment (USA), Inc., 77 Req. Local Share Dollars Oriskany Drive, Tonawanda, New York 14150, was the low Closure of School 57 bidder. The Board of Education approved the closure of Schools I am requesting that your Honorable Body waive the #57 and the Buffalo Alternative High School at 280 Oak Street. requirement of a performance bond, and authorize instead the These assets will be turned over to the City effective submission of a bank draft, certified check or letter of credit in As the City develops the reuse plans for these properties, we the amount of fifty (50%) percent of said cost. The total amount should consider any monies received for disposal of these of the contract is $240,000.00. assets be used as local share dollars. This is a unique Mr. Fontana moved: opportunity to leverage dollars from the sale of retired assets to That the above communication from the Division of Purchase support the reconstruction project. The investment of each 50 dated Octobei-15, 2003, be received and filed; and allows us to spend $1.00 in capital reconstruction. That the Commissioner of Administration and Finance, be, and Please consider the dedication of dollars obtained to the local he hereby is authorized to waive the requirement of a share portion of future reconstruction phases. performance bond and authorize the submission of a bank REFERRED TO THE COMMITTEE ON FINANCE AND THE draft, certified check or letter of credit in the amount of fifty JOINT SCHOOL CONSTRUCTION percent (50%) of said cost from Joe Johnson Equipment, the lowest responsible bidder, in the amount of $240,000 for Rear FROM THE CITY CLERK Loading Packer Bodies for the Department of Public Works (Street Sanitation). NO. 51 That, from the 3 options, whichever is most cost effective be MINUTES OF THE BOARD OF ETHICS filed with the Common Council. Attached please find the minutes of the August 14, 2003 PASSED Board of Ethics meeting. AYES - 11 NOES - 0 Item # 1) Roll Call Item #2) The board moved to accept the minutes of the June 26, 2003 meeting. Mr. Coppola moved to accept the minutes, seconded by Eleanor Paterson. All were in favor and the FROM THE COMMISSIONER OF COMMUNITY SERVICES minutes were received and filed. Item 43) The board reviewed the recommendations of hearing No. 48 officer James, I McLoughlin regarding the non-filers. With First Quarterly Report of the New Budget Year regard to two of the non-filers, Mr. Joseph Guistana and Mr. beginning July 1, 2003 on the Joseph Mclvor it was apparent that both individuals received Division of Substance Abuse Services timely notices and chose to ignore them and did not appear at Attached, please find the First Quarterly Report of the new the scheduled hearings. budget year beginning July 1, 2003 on the Division of With regard to Mr. McIvor it was noted that he has been a Substance Abuse Services. previous late or non-filer in the past. Mr. Michaux stated that RECEIVED AND FILED the hearing officer took that into effect when making his recommendation. The recommendation made by the hearing NO. 49 officer with regard to Mr. Mcivor was to fine him $500.00. Mr. Juvenile Justice Grant Program Magavern made a motion to accept the recommendation, The Department of Community Services has applied for and seconded by Mr. Coppola. Mr. Sullivan abstained from voting. received a fully executed contract for a grant of $3G05.00 from All other members of the board were in favor. So moved. the New York State Department of Criminal Justice Services to The board then moved to the matter of Mr. Guisiana. The board refund a Planning and Administration grant from the Year noted that Mr. Guisiana received notices by both the board and 2002. The Mayor has approved the program and signed the the Mayor's Office with no response and failed to appear at the contract supporting this effort. The Department of community hearing. However, since he has no previous history of failure to Services requests the following action from the Council: file it was recommended by the hearing officer that he be fined $100.00. Mr. Coppola moved to adopt the recommendation, seconded by Mr. Magavem. Mr. Sullivan abstained from voting. NO. 54 All other members of the board were in favor. NOTICES OF APPOINTMENTS - COUNCIL INTERNS The next non-filer addressed was Mr. Rykowski. Mr. Hayes I transmit herewith appointments to the position of Council explained to the board that Mr. Rykowski did not receive the Intern. change of date notice for the hearing, yet he did not appear for Mrs. LoTempio moved the approval of the appointments to the the original hearing date either. Mr. Magavern noted that 'in position of Council Intern. either event Mr. RykowsId is entitled to a hearing. Mr. Coppola ADOPTED. stated that the board could advise Mr. RykowsId that since the CERTIFICATE OF APPOINTMENT board is unsure if he received proper notice that the board has Appointment Effective: October 10, 2003 in the Department deferred consideration of a fine at this time. Mr. Coppola also of Common Council, to the Position of Intern VI, Seasonal, stated that he would contact Mr. Rykowsld's Office via Non-Competitive at the Flat Starting Salary of $ 10.00/hr telephone to inform him of his obligation to file as well as the Reginald Douglas, 220 Bissell Ave., Buffalo, NY 14211 board's decision. The board is allowing Mr. RykowsId until the first week of September to file. Should he fail to comply the NO. 55 board will move forward with a hearing. NOTICES OF APPOINTMENTS - SEASONAL/FLAT Item #4 & #5) Regarding Mr, Giambra's acceptance of the I transmit herewith certificates received by me, reporting honorarium, Mr. Sullivan moved that Mr. Giambra be permitted seasonal and flat salary appointments made in various to keep the honorarium in the amount of $100.00, seconded by departments. Mrs. Paterson. All were 'in favor. Mr. Hayes was asked to send RECEIVED AND FILED. Mr. Giarnbra a letter informing him of the board's decision. The CERTIFICATE OF APPOINTMENT item was then received and filed. Appointment Effective Oct 30, 2003 in the Department of Item #6) Information -Board of Ethics 2002 Annual Report for Public Works, Division of Streets to the Position of Laborer II, King County was received and filed by the board. SEASONAL at the FLAT Starting Salary of $8.15/ hr. Old Business: Brian J. Yost, 3 Tennessee St., Buffalo, NY 14204 Item #1.) The travel requests & voucher forms were received CERTIFICATE OF APPOINTMENT and filed by the board. There were a few minor changes noted. Appointment Effective Oct. 29, 2003 in the Department of Mr. Michaux stated that once the minor changes are made that Public Works, Division of Streets to the Position of Laborer II, he will request that the MIS Department add it to the City's SEASONAL at the FLAT Starting Salary of $8.15 hr. Intra-Net site for departmental use. It was recommended that Dewitt M. Gates, 105 Guilford, Buffalo, NY 14212 the Mayor's Office and the Human Relations department be CERTIFICATE OF APPOINTMENT informed that the forms will be placed on the net for use. Appointment Effective Oct. 27, 2003 in the Department of Item #2) Mr. Sullivan stated that he did meet with Mr. Pitigoff Public Works, Division of Streets to the Position of Laborer II, and that he, Mr. Pitigoff is very interested *in the project and SEASONAL at the FLAT Starting Salary of $8.15 hr. that he will find a second or third year student who is a credit or James Morris, 424 Hoyt Street, Buffalo, NY 14213 two short to assist. These individuals will have the opportunity Alleric Gary, 47 Norwood Ave., Buffalo, NY 14222 to sit in on board meeting and interact with board members. Mr. CERTIFICATE OF APPOINTMENT Sullivan will keep the board up to date on any new progress. Appointment Effective Oct. 23, 2003 in the Department of New Item: Public Works, Division of Streets to the Position of Laborer II, Mr. Michaux received and brought to the attention of the board SEASONAL at the FLAT Starting Salary of $8.15 hr. a letter from a Ms. Loretta L. Renford - RE: Buffalo News Mr. Christopher Sniezak, 15 Mt. Vernon Ave., Buffalo, NY Article by Robert McCarthy: Racial Rift. After reviewing the 142110 letter the board suggested that a letter go out to Ms. Renford Michael A. Renaldo, 86 Norwalk, Buffalo, NY 14216 stating that the board has no jurisdiction over the internal CERTIFICATE OF APPOINTMENT deliberations of the Common Council. Mr. Michaux will prepare Appointment Effective Oct. 22, 2003 in the Department of the letter. Public Works, Division of Streets to the Position of Laborer II, The next meeting of the Board of Ethics was set for Tuesday, SEASONAL at the FLAT Starting Salary of $8.15 hr. September 16, 2003 in room 1317 at 9:00 a.m.Meeting Ronald E. Richter, 494 Colvin, Buffalo, NY 14216 adjourned. Paul J. Podsiadlo, 282 Cumberland Ave., RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective Oct. 21, 2003 in the Department of NO. 52 Public Works, Division of Streets to the Position of Laborer II, LEAVES OF ABSENCE WITHOUT PAY SEASONAL at the FLAT Starting Salary of $8.15 hr. I transmit herewith notifications received by me, reporting the Joseph Slomba, 38 Sibley St., Buffalo, NY 14220 granting of the leaves of absence without pay, in the various Mr. Richard K. George, 212 Richmond Ave., Buffalo, NY departments as listed: 14222 Mayor/Mayor Executive- Strat Plan-Christine Kasianowicz CERTIFICATE OF APPOINTMENT Lanette Boulware-Wright Appointment Effective Oct. 29, 2003 in the Department of Police- Debra Williams, Ann Vanyo Public Works, Division of Streets to the Position of Laborer II, RECEIVED AND FILED. SEASONAL at the FLAT Starting Salary of $8.15 hr. William Buyers, 121 Delsan Court, Buffalo, NY 14216 NO. 53 Peter Rose, 49 Shoreham Blvd., Buffalo, NY 14216 REPORTS OF ATTENDANCE Patricia Ricapito, 171 Rebecca Park, Buffalo, NY 14207 I transmit herewith communications received by me, from the CERTIFICATE OF APPOINTMENT various boards, commissions, agencies and authorities Appointment Effective: October 10, 2003 in the Department reporting the membership attendance at their respective of meetings: Public Works, Division of Streets to the Position of Laborer II City Planning Board Seasonal Appointment at the Starting Salary of $8.15 hr. RECEIVED AND FILED Antonio McKinney, 216 Koons Ave., Buffalo, NY 14211 Michael Brown, 1142 West Ave., Buffalo, NY 14213 Robert McDow, 25 Suffolk St., Buffalo, NY 14215 for the Renewable Energy Committee of the Erie County CERTIFICATE OF APPOINTMENT Environmental Management Council REVISED COPY Goals and Focus: Appointment Effective October 9, 2003 in the Department of The primary goal of this report is to propose alternative Public Works, Division of Recreation to the Position of approaches to the ongoing renovation and development of the Recreation to the position of Refrigeration Plant Engineer Erie County Park systems that incorporate renewable and SEASONAL APPOINTMENT at the minimum Starting Salary non-polluting energy sources and work with the natural of $8.15 systems of the local environment. The focus is the Riverwalk, Blake Mark, 158 Dundee, Buffalo 14220 but some of the ideas could also be appropriate elsewhere CERTIFICATE OF APPOINTMENT within the Park System. We have focused on the Riverwalk Appointment Effective October 15, 2003 in the Department partially because of its importance as a part of the of Strategic Planning, Division of Division of Real environmental and human history of Buffalo and Erie County, Estate but also because of its potential prominent role in the to the Position of Laborer II – Seasonal, Non Competitive at contemporary city. The development of this Park takes the advantage of the natural beauty of the river to be a successful MINIMUM Flat Starting Salary of $ 8.15 per hour recreational place within the region. With the implementation of Kerwin Bowell, 539 Sherman, Buffalo, NY 14211 several synergetic ideas, this park can play a equally important Michael Fahey, 46 Juniata Place, Buffalo, New York14210 second role. The park can act to mediate the effects of urban infrastructure and the regions watershed. Incorporating NO. 56 straightforward and practical ecological practices can help the APPOINTMENTS - TEMPORARY, PROVISIONAL OR public see the park, not just as a place to play, but also as a PERMANENT part of a dynamic ecosystem in which humans play a role. I transmit herewith Appointments in the various departments The River walk connects downtown Buffalo and many of its made at the Minimum (Temporary, Provisional or Permanent) suburbs as it moves along the shore of the Niagara River. At and for Appointments at the Maximum (as per contract points along the way it branches into the historic Olmsted Park requirements) . and Parkway System. From end to end, the park has diverse REFERRED TO THE COMMITTEE ON CIVIL SERVICE. qualities. It has expansive portions and narrow parts. It parallels CERTIFICATE OF APPOINTMENT the river and diverges. People come by car, bike and foot to Appointment Effective: 10/9/03 In the Department of: Audit walk and ride bikes. There are boat races and other events in and Control, Division of: Audit to the Position of: Assistant summer. Some areas are directly engaged with the water, Auditor, Permanent Appointment at the Starting Salary of others create a poetic distance to the edge and still others are $32,487 dominated by the entrance ramps and interchanges of the Natalia Zingorenko, 583 Starin Ave Apt 4, Buffalo, NY 14216 neighboring highway. This creates a dynamic urban park. Our CERTIFICATE OF APPOINTMENT suggestions try to reinforce this diversity by taking apparent Appointment Effective October 13, 2003 in the Department of problematic conditions and turning them into potential Police to the Position of Crossing Guard Temporary Non amenities. Competitive at the Minimum Starting Salary $7.09/hr Redefining the Edge with Ecological Elements Inez Hall, 66 Herman St., Buffalo, NY 14212 The following set of ideas form a practical vision to transform Jamie Smith, 163 Henrietta Ave., Buffalo, NY 14207 the Riverwalk into a buffer park for Buffalo. Mary L. Turner, 81-Thatcher Ave. Buffalo, NY 14215 Wind farm Along Wind Canyon Certificate of Appointment At 100 feet above the Niagara River there is a wind canyon. Appointment Effective: October 22, 2003 in the The wind comes in from the open expanse of Lake Erie, Department of Public Works, Parks & Streets, Division of making Buffalo's waterfront an excellent location for a field of Buildings to the Position of Senior First Class Stationary wind turbines. The turbines could be integrated into the park Engineer, Temporary Appointment at the Flat system and could, by their presence, register the existence of Starting Salary of: $10.25/hr the invisible canyon of wind overhead. The strategy with Lawrence D. Doctor Jr, 30 Portland St., Buffalo 14220 multiple sources is a good idea. Wind can be integrated with a Edward D. Standish III, 117 Imson Street, Buffalo 14210 plan of solar fixtures where it makes sense. There are three CERTIFICATE OF APPOINTMENT specific locations along this windy zone where we propose Appointment Effective: October 20, 2003 in the Department locating the turbines. The first grouping would be located near of Public Works, Parks & Streets, Division of Buildings to the the mouth of the river at the Inner Harbor Park. The Position of Senior First Class Stationary Engineer, Temporary second grouping would be located over the River either Appointment at the Flat retrofitted in the base of the existing peace bridge or Starting Salary of: $10.25/hr incorporated into the design of the new bridge. The third site Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 would be located at the Niagara Mohawk Huntley Station power CERTIFICATE OF APPOINTMENT plant. This station, which is visible from many points along the Appointment Effective August 19, 2003 in the Department of Riverwalk is known to be one of the most polluting facilities coal Public Works, Division of Recreation, to the Position of burning power plants in the Northeast The turbines will replace Community Recreation Aide, Permanent at the Starting Salary the coal docks and unloading stations as well as the power of $28,624.00 plant, generate as much power and make room for an Conrad Jeffrey, 128 Harding, Buffalo 14220 extension of the park under its blades. The towers, which are approximately 10' in diameter, would be located every quarter mile in these areas. The park can be extended into this area, NON-OFFICIAL COMMUNICATIONS, PETITIONS AND eliminating the separation of industrial production and green REMONSTRANCES spaces. The slow moving blades of contemporary turbines NON-OFFICIAL COMMUNICATIONS present no problem for birds. At 100 feet tall (10 stories), these large turbines would function above the tree line of the park NO. 57 below, but would not be higher than the existing smoke stacks. Ideas for a Riverwalk And Carousel Project Initiative The old stacks would be juxtaposed to the much more beautiful, clean and silent elegantly moving blades. By placing important factor for any plan is the need to attract a critical the turbines in two fields, the towers would bracket the park mass of participants in order to be economically and socially and give it an identity from and for the city. profitable. The Carrousel Project is important as it can be part Park as resource buffer of any future plan to revitalize our region's most important Dealing with water run off in new ways could allow the space of natural asset:- our water and waters edge. the park to begin to become a filter for the river. Simple The value of heritage projects is that they can be used as strategies could make a difference. Limiting the amount of building blocks for the future. The Carrousel is unique to the paving can slow the flow of polluted water directly into the history of our region as the Hershell Company (the present Niagara. The underside of highways could be water gardens home of the Hershell Museum located in Tonawanda) was made out of highway runoff. This would do two things at once. considered the largest maker of carousels in the country and Instead of water going directly in ground water, filter through exported them all over the nation and abroad. According to series of different types of pools to clean and produce an Elizabeth Brick, Executive Director of the Museum, the demand amenity for space. The industrial heritage can leave way for an created catalogs that were printed in English and Spanish. unexplored spatial complexity. The new run-off parks could Also, the Erie Canal Waterway was essential in transporting also integrate parts of that history and tell stories along its the carrousels. The Erie Canal (a vital part of the inner harbor length of how land is affected by history and history affected by project) and the carrousel are important to American History the development and management of land. and are of national interest. Highway Sound Barriers: The idea of an enclosed carousel (to provide year-round use) Adding a series of acoustical panels, barriers to the highway has been implemented successfully in the following areas: noise and sound buffer, could be done with photovoltaic panels Servicemen's Park in Hull, Massachusetts; and Saratoga that could also provides energy at the same time. There are Springs, New York. The concept of a "solar powered" carousel examples of this type of structure along highways in Japan and would be recognized as unique to the Buffalo/Niagara Region. Europe. The park would be so much better if did that. Because Consistent with the harnessing of hydro-power as cutting-edge of the difference of height between the park and the highways, technology in the early part of the 20th century, our region can it would not even block the view of drivers. While the whole be looked upon in the 21st century once again for innovations riverwalk parallels the highway, it is not necessary to place that complement and utilize the natural wonders of the world. solar sound barriers all along the way. They should just be REFERRED TO THE SPECIAL COMMITTEE ON ENERGY placed where people rest and relax - where they want to get AND THE DIRECTOR OF STRATEGIC PLANNING away from noise. There could be classical music at every pole. Place to sit: No. 58 Currently there are few contemplative areas where one can sit SALES TAX IS A REGIONAL REVENUE down and rest. People like to relax and not be moving. At the The time is now for all Erie County citizens to stand up for moment, people carry their seats with them. A sheltered fair and equitable treatment for the City of Buffalo. We the pavilion where one can have a sandwich, or just relax, could "Citizens of Erie County to Share the Penny" are calling add an important amenity to the park that would make it more upon you to join our efforts to convince State and County usable by all kinds of people. In inclement weather the seating Officials that we want to be treated fairly. area could provide a bit of shelter, and the roofing could use FACT: The 8th percent sales tax was passed in 1985 as a photovoltaics as shingles "one year fix" to bail out a $75 million County budget Riverwalk light fixtures: deficit. The light fixtures could be designed differently to give better FACT: In addition to the revenue from the sales tax fix in light, but also to use renewable energy, combining problems of 1985, the County borrowed $75 million to cover the deficit design of light with properties of photovoltaics. With lighting, and paid it over ten years. light is better if it is bounced off a surface. Pvs work with a FACT: In that ten year period, the County's cost for surface directed upward towards the sun -its underside is good borrowing was $8 million annually, while it collected reflecting material. The design bounces a light up to reflecting between $50million - $90 million annually. material to get a much better spread. It is a much more FACT: If Buffalo received its fair share since 1985, it beautiful source, because you don't have the glare of spot light would have received approximately $421 million in in your eye. It also eliminates light pollution going up and revenue that could have been used for Education, Police, outward so that visitors can see the stars a little better. The Fire, and other City Services. light provided by the LED fixtures could be placed along river FACT: The extra 1 % sales tax generated over $1.6 front every 50 or 100 feet and could provide a level of security Billion for the County and ambient light. It would be both practical and economical to FACT: Erie County is the only county in New York do this. A Security strobe could be incorporated on it. They State not to share the 8 th percent. could easily be located in the parts of the park that are currently FACT: While Buffalo, Rochester and Syracuse each under-lit. Like the famous light fixture designed by Olmsted for represent 30% of the population of their respective counties, Central Park, Buffalo could have its own fixture that would be Rochester receives 34%. of the sales tax, Syracuse identified with its Riverwalk. This could tie into Buffalo's receives 38% of the sales tax, but Buffalo only receives 19% waterfront into the other Olmsted parks. of the sales tax. While there is potential for many more ideas, like a skating rink FACT: Buffalo residents are also residents of both or camping area, the most appealing was the idea of a Erie County and the State of New York solar-powered Carrousel. Enough is enough! The City of Buffalo deserves better CAROUSEL PROJECT INITIATIVE treatment from our State and County officials. We are not A SOLAR POWERED CAROUSEL asking for special treatment. We simply want to be treated Overview: fairly. Waterfront development is a primary concern of the residents SHARE the PENNY! of the Buffalo/Niagara Region. At this time, many plans are You can show support for this effort by contacting our State being proposed for the inner harbor, outer harbor, Riverwalk, and County Officials. grain elevators, brown fields, parks, etc. Unfortunately, there is REFERRED TO THE COMMITTEE ON BUDGET not one comprehensive plan to develop the waterfront. The NO. 59 four-year fiscal blueprint. Although we never received an official QTRLY CUSTOMER SERVICE STANDARDS REPORT reply in writing to our request, we read in media accounts your I have enclosed a copy of Adelphia's Quarterly Customer response that "For every dollar we can save in terms of Service Report for your records. Medicaid relief, I'll share half with the City."(August 27 1h Please feel free to call me directly with any questions you may 2003). have concerning this report. As you know, earlier this week the Assembly passed a major COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR Medicaid relief package, by eliminating the requirement that REVIEW counties repay State Medicaid funds that were previously REFERRED TO THE SPECIAL COMMITTEE ON advanced to them, thereby freeing up those funds as counties TELECOMMUNICATIONS prepare their upcoming budgets. For Erie County, this translates into nearly $13 million in Medicaid relief. NO. 60 We heard your call for Medicaid relief and responded. We will ADELPHIA – ANNUAL CABLE REPORT SUBMISSION further work towards more comprehensive Medicaid reform, Pursuant to the Franchise Agreement between Adelphia and and are heartened by media accounts of pending reform on the the City of Buffalo, please find attached the Annual Report federal level that should result in millions in savings for pertaining to operations of the Buffalo Cable System during counties such as Erie. For these reasons we call upon you to calendar year 2002. carry out your pledge to share half of the Medicaid relief we are Should you find it necessary to obtain clarification on the providing to Erie County with the City of Buffalo. We ask that content of any of this report, please feel free to contact me at you make an announcement to carry out your plan as soon as 558-8545. possible, prior to the City's deadline to submit the next iteration COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR of its four-year plan to the Buffalo Fiscal Stability Authority. REVIEW Thank you for considering our views on this matter. We look REFERRRED TO THE SPECIAL COMMITTEE ON forward to your affirmative response. TELECOMUNICATIONS REFERRED TO THE COMMITTEE ON BUDGET NO. 61 NO. 63 HDTV ***MEDIA ALERT*** I am pleased to inform you that Adelphia will be offering High DEBENEDETTI PROPOSES MILLIONS Definition Television in your community. The difference IN COUNTY AID TO CITY between High Definition, or HDTV, pictures and regular In an effort to offer attainable and immediate assistance to a television pictures may be as dramatic as when television went city facing a severe fiscal crisis, Erie County Legislator Albert from black and white to color in the 1950s. DeBenedetti (13Buffalo) is sponsoring four pieces of legislation HDTV provides lifelike television pictures with twice the which would provide Buffalo with millions of dollars in new resolution, resulting in more vivid colors and a picture up to six revenue. times sharper than standard television pictures. The Adelphia The following resolutions will be under consideration at the HDTV service also will include Dolby Digital Audio so the County Legislature's regular session on Thursday, October 16 HDTV audio quality will match the video quality and provide th at 2:00pm: customers with the ultimate home theatre experience. Providing Buffalo with half ($6.6 million) of the Medicaid relief To receive HDTV services, customers must have a HDTV set funds provided to the County by NYS and a HDTV receiver. The HDTV receiver may be leased from Sharing a portion of the 1% sales tax by providing Buffalo with Adelphia for $7.95 per month. an amount derived by applying the formula for the 3% Customers who sign up for HDTV service and lease an Changing the distribution of the 1% to benefit local school Adelphia compatible HDTV receiver will receive an array of districts and municipalities broadcast networks in high definition, as the HD signal Allocating $8.2 million of Erie County's fund balance to fill becomes available to Adelphia, at no extra charge. If these Buffalo's budget gap, eliminating the City's need to further customers subscribe to HBO or Showtime they will also receive increase borrowing at no extra charge HBO HD or Showtime HD respectively. Legislator DeBenedetti will be available to the media before Additional HDTV programming and services may also be session on Thursday, October 16 th between 10:00arn and offered in the future. 1:00pm to discuss his proposals. Please call Theresa Kennedy Enclosed is a copy of an FCC Form 1205 providing the detail at 868-291 if you have any questions or would like to discuss related to the $7.95 price for the HDTV receiver. This charge these items with Legislator DeBenedetti. will become effective 60 days from the date of filing. To the REFERRED TO THE COMMITTEE ON BUDGET extent that you should have questions about the calculations in the FCC Form 1205, please contact Terry Sergi at (814) NO. 64 274-6248. If you should have any questions unrelated to the ERIE CANAL HARBOR PROJECT FCC Form 1205, please contact me. The Federal Transit Administration. Niagara Frontier HDTV continues Adelphia's commitment to offering our Transportation Authority (NFTA), and the New York State customers the widest array of services possible and the best Urban Development Corporation d/b/a I Empire State customer service possible. As always, should you have any Development Corporation (ESDC) Is preparing a Supplemental questions about HDTV or any other Adelphia service, please Environmental Impact Statement (SE1 S) for the 'Erie Canal don't hesitate to contact me at 558-8545. Harbor Project. I he SEIS process focuses on developing and REFERRED TO THE SPECIAL COMMITTEE ON assessing alternative site designs and themes intended to TELECOMMUNICATIONS interpret archaeological resources associated with the Project location at the historic western, terminus of the Erie Canal. In NO. 62 pirallel with the SEIS process - revised Master Plan is being REQ CO EXEC SHARE MEDICAID RELIEF W/COB developed for the site. Public comment is requested on the Earlier this year we wrote to you-'encouraging that Erie County preferred alternative site conce,,3t to be presented a this public reach a revenue sharing agreement with the City of Buffalo or meeting. relive some of its existing expenses as the City prepares its A Public Meeting has been scheduled on: Wednesday, November 12, 2003, 6:00 PM each time was told I would receive a letter, it never came. Buffalo and Erie County Historical Society However, I did receive a complaint number, which is 66091. 25 Nottingham Court - Buffalo. New York I would appreciate any help you could give me to get this tree branch taken down and the tree trimmed. I can be reached at RECEIVED AND FILED 835-1739 or kpat4l9@ade-lphia.net. REFERRED TO THE COMMITTEE ON FINANCE AND THE NO. 65 COMMISSIONER OF PUBLIC WORKS HRG - SHARE SALES TAX Thank you for your invitation to appear at the Buffalo NO. 68 Common Council hearing tonight. USED CAR SALES Due to long-standing commitments, I will not attend this 3225 BAILEY AVE hearing. I am writing this letter to express my interest in establishing Attached hereto, however, is a document that I hope you will a car repair shop (BG Auto Service) in the University District, at find helpful. It is a copy of my response to Mayor Anthony 3225 Bailey Avenue (Corner of Bailey and Hewitt). Masiello's letter of October 10, 2003, in which he informed me In addition, it is also my desire to display at the most, and at of his intention to continue lobbying for an earmark or any given time, six used cars for sale at the above address. dedication of a portion of the local sales tax above and beyond The shop will be open Monday through Saturday from 8:00 the current allocation to the City of Buffalo. a.m. to 6:00 p.m. Loitering and hazardous materials will not be In my response, I point out that the cost to Erie County permitted on the premises. government of state-mandated social services (including If you have any questions, I may be reached at 435-0531. Medicaid) and the ECMC subsidy total more than the amount REFERRED TO THE COMMITTEE ON LEGISLATION AND of revenue the County receives from its Property Tax and from ACOMMISSIONER OF PERMITS AND INSPECTIONS its total Sales Tax (including the "extra" one percent). I also point out that I expect that the local share (i.e., Erie NO. 69 County) cost of Medicaid alone will continue next year and in PEACE BRIDGES EXPANSION PROJECT years to come to exceed the amount of revenue raised by the single-issue proponents can have. Workshops are important "extra" one percent sales tax. inputs to the process, but those inputs must be weighed along Thank you again for inviting me to your hearing. with sound technical and environmental considerations in the REFERRED TO THE COMMITTEE ON BUDGET decision making process. Further details about Workshop #4 and the ratings is presented in Section 1O.g. NO. 66 Public Collaborative Workshop #5 was held after the release Request for Information of the draft final Scoping Document/Alternative Screening "Snow Removal Initiatives" Report (5D/ASR) to obtain public feedback on the technical As per your request concerning snow removal efforts of evaluations and recommendations in the SD/ASR. Workshop other cities, meetings were held on three consecutive evenings in Fort Erie, the following information is attached: Ontario and Buffalo, NY in the neighborhoods that would An article from the US Department of Transportation outlining potentially be affected by one or more of the alternatives. A total some of the negative effects faced when snow is not of 280 people attended the meetings. The workshop included a removed; technical presentation of the SD/ASR evaluations and The Milwaukee, WI, snow removal for senior citizens and recommendations by the Project Consultant Team followed by disabled persons plan, their sidewalk snow removal an open comment period. Questionnaires were distributed to ordinance, gather input on several specific topics. A key topic that was a and misc. information from their web page; concern of many of the speakers was potential negative The Boulder, CO, snow removal plan, including their environmental impacts in the neighborhoods near the Peace "icebusters" Bridge, particularly air quality and public health, and suggested program designed for the elderly and the disabled; that off-site alternatives should be given further consideration. The snow removal policies for Oshawa in Canada; Shaker But at this point in the process, with the information that is Heights, OH; Detroit, MI; Pittsburgh, PA; Rochester, NY; available and studies that have been completed to date, it and appears that negative environmental impacts can be adequately Newark, NJ. addressed at the existing location. I hope this satisfies your request. If you need any additional d. Technical Analysis and Recommendations Summary information or if you'd like to add a specific city, please contact The Technical Analysis of Alternatives and Technical me Recommendations are included in Sections 1 O.d and 1 O.f at 851-5105. respectively. The Technical Recommendations were first REFERRED TO THE COMMITTEE ON LEGISLATION issued on 6 December 2002 prior to Workshop #4. They have been modified somewhat based on input from the workshop NO. 67 and further consultations with the N E PA Lead Agency, REQ. TREE TRIMMING FHWA/NYSDOT, other involved agencies, affected As you suggested, I'm writing to follow up on a call I made to municipalities, and further technical studies to complete your office regarding the trimming of a tree on city property in scoping that followed Workshop #4. front of my home. It is a very large maple tree situated between The Initial Alternative Screening Process including my house, 285 LaSalle Avenue, and my neighbor's house at Collaborative Workshops #1 through #4, which is summarized 291 LaSalle. A huge branch of the tree is hanging over my in Section 8.f, found that many of the 59 Screening house and I am concerned about potential property damage if Alternatives did not have a reasonable likelihood of achieving the branch comes down. It has already loosened a piece of the project goals and objectives. The following alternatives were siding from the third-story peak of my house. identified as having some potential to achieve the goals and I called the mayor's hotline about this problem approximately objectives and were retained for further consideration: two years ago. Although I talked to the hotline several times and Alternative Group A - Peace Bridge Location - EBXP- 1 10-27-03 5:30PM CROCODILE BAR NYS ASSY (represents "Alts. 4 and 5" as described in the DSD and the SAM HOYT MDSD 88 W CHIPPEWA ST Alternative Group B - Peace Bridge Location - EBEP- 1, 11-06-03 5:30PM SPHERE ENTERTAINMENT EBNP- 1A, B & C AMHERST TOWN Alternative Group D - Tonawanda (SGI) Location - SGI- 1 681 MAIN ST SUSAN Alternative Group F - International Railroad Location - City of GRELICK Buffalo and public are interested in alternatives at this location. Shared Border Management COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON BI- NATIONAL BRIDGE Start time is 5:30 PM for each salon, with duration expected to be approximately 90 minutes. The format will be moderated NO. 70 with opening remarks by each guest speaker, followed by a SUPPORT CITY’S HAZMAT OPERATIONS question and answer period. It is my understanding the City of Buffalo may be downsizing Rodgers also added, " 7his series is meant to inform the and reorganizing various departments because of fiscal community of the issues involved with the sales tax debate We necessity- It ha-- come to my attention that Hazmat Operations hope Individuals or groups who w1sh to be Informed, are on may be one of the areas impacted by the fiscal constraints. the fence, or have already formulated an opinion one way or Due to the Country's concerns about terrorism, and in the another attend at least one of these meetings. interest of homeland security, I fully support the City's Hazmat RERRRED TO THE COMMMEE ON BUDGET Operations since they are first responders" in the event of a biological/chemical crisis. our ability-to confront the NO. 73 aforementioned crisis with less than adequate, resources may COMMENTS SHARING SALES TAX have adverse effects on the community. Enclosed are the notes I used in addressing a special Maintaining the City's Hazmat Operations would help in hearing of the Buffalo Common Council last night, on the providing the immediate and necessary resources in handling a subject of sharing the eighth penny of the sales tax. The notes biological/chemical crisis. have been revised to reflect what I actually ended up saying, to As always, the FBI is available to assist your departments in the best of my recollection. defusing any crisis that may affect the safety of our community. I would appreciate it if you would file these notes so that they Thank you for your continued cooperation. are available to the Common Council. RECEIVED AND FILED COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW NO. 71 Enclosure: remarks prepared by Joel Rose for a special Repair of Damaged Sidewalk caused by City of Buffalo hearing of the Buffalo Common Council Fire Dept. Truck REFERRED TO THE COMMITTEE ON BUDGET On October 10, at approximately 4:5 5 am, while responding to a burning house at 428 Emslie, a fire truck driver NO. 74 maneuvered the large, heavy vehicle onto the sidewalk in front UPCOMING BROWNFIELDS SITE INVESTIGATION of my newly built home at 439 Emslie. FRANCZYK PARK – 564 BABCOCK ST That very same day I noticed the damage to the sidewalk. The INTRODUCTION damage is very near my water line and will probably get A environmental investigation is being conducted at Franczyk progressively worst causing damage to it. I would like it Park by the City of Buffalo's Office of Strategic Planning repaired immediately not only because of this but because it is (OSP), in partnership with the New York State Department of very dangerous not only to myself but to pedestrian traffic. I am Environmental Conservation (NYSDEC). During the a senior citizen with impaired vision. investigation park use will not be restricted other than in the I have enclosed pictures of the damaged sidewalk. Please immediate work area. The work will be done under New York contact me immediately in regards to this issue. State's 1996 Clean Water/Clean Air Bond Act "Brownfields" REFERRED TO THE COMMITTEE ON FINANCE AND THE program. COMMISSIONER OF PUBLIC WORKS BACKGROUND The site consists of a 16.5 acre parcel located in the City of NO. 72 Buffalo known as Franczyk Park, at 564 Babcock Street. SPEAKER SERIES ON SALES TAX ANNOUNCED Previously, the property had been the location of a (Buffalo) - Citizens of Erie County to Share the Penny manufacturer of agricultural fertilizers and later a auto salvage and The West Village Renaissance Alliance proudly company. Today, the property includes grassy areas, baseball announce a weekly speaker series on the eighth percent sales fields, basketball courts, a playground and tennis courts. tax issue beginning Wednesday, October 22, 2003. ENVIRONMENTAL BACKGROUND "We look forward to bringing attention to this Important Issue In 1998, the City of Buffalo received correspondence from the by sponsoring a salon-style series, "said Marilyn Rodgers of local community center expressing concern about groundwater Citizens of Erie County to Share the Penny and The West seeps that had been observed along the perimeter of the Park. Village Renaissance Alliance. "We hope these events will Subsequent investigations by the City indicated that the seems foster greater understanding by creating a forum for more contained elevated levels of arsenic. To address the seeps the social discussion of the issues. City contracted to have a drain system installed to the local The schedule for the series is as follows: sewer system. During this work additional samples of the DATE TIME PLACE subsurface soils showed elevated levels of arsenic and lead. SPEAKER To address the public's concerns about the safe use of the 10-22-03 5:30PM SPOT COFFEE KEVIN Park, extensive samples of the surface soils were collected and GAUGHAN analyzed by the City and the results evaluated by the New York DELAWARE & CHIPPEWA State Department of Health (NYSDOH). The results of the Options to address environmental problems that may be sampling indicated that there was no immediate health present at a site. concerns and that the Park could remain open and in use. The DOCUMENT REPOSITORIES purpose of this investigation is to determine the extent and Public understanding and involvement are important to the degree of sub-surface contamination across the entire park success of New York's Brownfields program. To keep you property and to assess and recommend a remediation plan for informed, the City of Buffalo and NYSDEC distributes fact its eventual clean-up. The City's consultant, will perform the sheets, like this one. We also place site documents for your Investigation work and, if necessary, prepare the final review at a local repository. The document repositories for this remediation report. site investigation are established at: WHAT IS INVOLVED IN THIS INVESTIGATION? D.J. Dulski Community Center or, Buffalo & Erie County Drilling of approximately fifty-three (53) soil borings to collect Central Library or, 129 Lewis Street Buffalo, NY 14206-2212 samples of subsurface soils at varying depths below the park (716) 847-2860; surface. by appointment only NYSDEC's Buffalo Office 270 Michigan Drilling of six (6) groundwater monitoring wells to collect Avenue Buffalo, NY 14203 (716) 851-7220 groundwater samples. Science and Technology Area Lafayette Square Buffalo, NY Chemical analysis of approximately 200 soil and groundwater 14203; samples collected from the site. RECEIVED AND FILED Conducting a geophysical survey to identify possible underground storage tanks on the property. NO. 75 It is estimated that it will take approximately four to five weeks A. WALTERS- LEXINGTON REAL FOODS COMMUNITY to complete the Investigation activities, which are scheduled to CO-OP, INC., APPLICATION FOR RESTRICTED USE begin the week of November 1, 2003. A draft report, PERMIT TO OPERATE TAKE OUT DELI WITH summarizing the results of the investigation, is expected by SEATING AREA WITHIN A BRAND NEW early spring 2004. STATE-OF-THE-ART PUBLIC MEETING 8,448 SQUARE FOOT NATURAL FOOD STORE AT A public meeting is scheduled for Thursday, October 23, 2003 807 ELMWOOD AVENUE IN THE CITY OF BUFFALO, at 6:30 p.m. at the D.J. Dulski Community Center, 129 Lewis NEW YORK Street. At the meeting the City of Buffalo, NYSDEC and The Lexington Real Foods Community Co-op ("Lexington NYSDOH representatives will make a short presentation Co-op") seeks to construct a brand new state-of-the-art 8,448 summarizing the purpose of the investigation and will be square foot natural food store with take out deli and seating available to answer questions regarding the proposed work. area at the southeast corner of Elmwood and Lancaster WHAT IS THE NEXT STEP? Avenues in the City of Buffalo ("Project"). The take out dell with Upon completion of the sampling activities, the City's seating area requires a Restricted Use Permit from the consultant engineer will prepare a report summarizing the Common Council. As you may remember, the Common results of the field work and sample analysis. The report will be Council previously granted the required Restricted Use Permit reviewed by the City, NYSDEC and NYSDOH. A copy of the relative to the Project, but the validity of this approval has been report will also be placed in the project's Document challenged in an Article 78 Action currently pending in State Repositories (see below) for public review. An additional report Supreme Court. In order to address certain procedural errors will be prepared which will recommend methods to remediate raised by the Petitioners, any contamination detected during the Investigation. These the City's Corporation Counsel, with the consent of the remedial recommendations will be presented by the City to the Lexington Co-op, has remanded the matter back to the public for comment. Common Council to hold a new public hearing for the WHO SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE application for Restricted Use Permit associated with the FRANCZYK PARK SITE? Project. Project related questions Environmental related We understand that this matter has been placed upon the questions agenda of the Legislative Committee for a public hearing on Dennis Sutton Gregory Sutton October 21, 2003. In ord er to insure that the record is OSP NYSDEC absolutely clear, this letter provides a detailed description of the 920 City Hall 270 Michigan Avenue Project as well as some documentation relating to other Buffalo, N.Y. 14202 Buffalo, N.Y. 14203 approvals issued for the Project by the Planning Board, the 851-5035 851-7220 Zoning Board of Appeals and the Preserv ation Board. Site related health questions RECEIVED AND FILED Cameron O'Connor NYSDOH PETITIONS 584 Delaware Avenue Buffalo, N.Y. 14202 NO. 76 847-4385 D. PALMISANO, AGENT, USE 1472 HERTEL AVENUE FOR DEFINITIONS A RESTAURANT EXPANSION. (HRG. 11/5) Brownfield: A currently unused parcel of property which may REFERRED TO THE COMMITTEE ON LEGISLATION, have been used for industrial purposes, but is no longer DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING contributing to the tax base of the municipality. Brownfields BOARD AND CORPORATION COUNSEL. may be, but are not necessarily, environmentally impaired. Site investigation: The process by which the environmental NO. 77 condition of a parcel of property is investigated. Site R. KROSS & O-REQUEST ROBERTS AVE TO BE A ONE investigations usually include sampling and analysis of soil and WAY STREET groundwater. Please file the attached documents for the October 28, 2003 Remediate: The process of addressing contamination at a meeting of the Common Council. given site so that the contamination is no longer a threat to the REFERRED TO THE COMMITTEE ON LEGISLATION AND public health or the environment. Remedial Alternatives: THE COMMISSIONER OF PUBLIC WORKS This is a claim for damages to a water box in front of 35 North Pearl Street. On Sept. 13, 2002, it appears that a high lift NO. 78 being operated by the City Streets Department inadvertently M. MARTINO-J. BLANE & O REMOVAL OF lifted up the cover and pipe causing the damages. ALTERNATIVE PARKING ROANKE PKWY $537.50 Please file the attached documentation for the Common B.8. Vincent Hornberger, 320 Downing St, 14220 Council meeting of November 2 8, 20033. This is a claim for damages to a 1999 Ford Explorer, which If you have any additional questions. comments or concerns occurred on June 26, 2003, when a branch from a city-owned please do not hesitate to contact me, tree fell on the vehicle. $500.00 REFERRED TO THE COMMITTEE ON LEGISLATION B.9. Susan Issa, 27 Bahama Lane, 14225 This is a claim for loss of money in a broken parking meter on REGULAR COMMITTEES Elmwood Avenue. $ 1.50 B.10. Linda Johnson, 80 Rano St, 14207 CLAIMS COMMITTEE This is a claim for damages to claimant’s vehicle on June 6, MARY M. MARTINO, CHAIRPERSON th 2003 in front of 326 15 Street. $259.25 B.11. Helen L. Kessler, 1167 Amherst St, 14216 NO. 79 This is a claim for reimbursement of a garbage can which was A1 TO A4 thrown out by workers. $ 12.00 PERSONAL INJURY B.12. Vincent Marguccio, 475 Busti Ave., 14201 That, upon the recommendation of the Corporation Counsel, This is a reimbursement for a medical bill incurred as a result the following actions for personal injury arising out of alleged of a fall down on the stairs in City Hall leading up the first fall on negligence on the part of the City of Buffalo, be compromised July 11, 2003. $ 54.00 and settled: B.13. Erik Martinez, 419 Parkdale Ave., 14213 A. 1. Norma L. Bland vs. City of Buffalo $7,932.88 This is a claim for reimbursement of a 1992 Eagle Talon A. 2. Jeffrey Cotton vs. City of Buffalo $ 500.00 Coupe which was sent by the Parking Enforcement Bureau to A. 3. Jason Hohl vs. City of Buffalo $ 500.00 M & M Salvage Yard on March 13, 2003. A. 4. Ardeth Tuttle vs. City of Buffalo $1,500.00 $2,400.00 That checks be drawn on the account of Org 17221008 B.14. Wilbert Moore, P.O. Box 1161, 14215 (480205) Judgment and Claims Prior Years, or (480204) This is a claim for a refund of a towing charge. Claimant’s car Current Fiscal Year, payable to the respective claimants or was stolen on July 23, 2003. He filed a police report on July plaintiffs and their attorneys, if any, herein above named, in the rd 23 at the “C” District Station (Incident No. 03204751) amounts set opposite their names and delivered to them upon $85.00 execution and delivery to the Corporation Counsel of proper B.15. Patricia Myers, 88 Guernsey Ave., 14207 releases and closing papers. This is a claim for damages to the gutters and windows as a PASSED result of a city fence being placed too close to claimant’s house AYES - 11 NOES - 0 at 88 Guernsey Street. $603.70 B.16. Ernest V. Pantano, 154 Plymouth Ave., 14201 NO. 80 This is a claim for reimbursement of a window and screen at B1 TO B19 the property commonly known as 154 Plymouth Avenue PROPERTY DAMAGE $91.67 That, upon the recommendation of the Corporation Counsel, B.17. Kathleen Pochron, 255 Holly St., 14206 the following actions for property damage arising out of alleged This is a claim for reimbursement of two (2) tires damaged by negligence on the part of the City of Buffalo, be compromised protruding metal from the curb in front of 254 Holly Street. and settled: $139.21 B.1. Daniel L. Baker, 240 Madison St, 14206 B.18. Michael Potycz, 47 VanRensselaer Ave., 14210 This is a claim for damages sustained to claimant’s garage at This is a claim for reimbursement of a 1988 Chevy Corsica 240 Madison St. $850.00 which was badly damaged by a large, heavy limb falling off of a B.2. Joyce Dehn, 70 Riverside Ave., 14207 city-owned tree in front of 47 VanRensselear on July 12, 2003. This is a claim for reimbursement of a garbage can which was $1,025.00 thrown out by workers. $ 10.00 B.19. Charles J. Premo, 62 Villa Avenue, 14216 B.3. Shyla Early, 421 Highgate Ave, 14215 This is a claim for damages to a 2001 Mits Montero Sport This is a claim for damages to the roof of the house at 421 which occurred on July 11, 2003. $1,001.55 Highgate Avenue due to a large branch from a city-owned tree That checks be drawn on the account of Org 17221008 falling on it on June 11, 2003 $2,000.00 (480205) Judgment and Claims Prior Years, or (480204) B.4. Paul J. Francavilla, 290 North Park Ave., 14216 Current Fiscal Year, payable to the respective claimants or This is a claim for reimbursement to claimant for monies spend plaintiffs and their attorneys, if any, herein above named, in the for removal of a dead skunk, possibly rabid, from claimant’s amounts set opposite their names and delivered to them upon yard at 290 North Park Avenue. execution and delivery to the Corporation Counsel of proper $75.00 releases and closing papers. B.5. Irene Glab, 195 Helen St., 14206 PASSED This is a claim for damages to claimant’s windshield as a result AYES - 11 NOES - 0 of a large tree branch falling on it on June 11, 2003 on Montgomery Street. $523.93 NO. 81 B.6. Barbara Godios, 84 Stevenson St, 14220 B20 This is a claim for replacement of a tire which was ruined by PROPERTY DAMAGE metal protruding from the curb on Cumberland Avenue B.20. Marlon Reynolds, 547 Memorial Parkway, 14301 between Melrose and Stevenson Avenues. This is a claim for damages to a 1996 Chevy Blazer, which $204.06 occurred while it was in the Impound Yard at the City lot on B.7. Michael B. Henning, 35 North Pearl St, 14202 Dart Street. $5,000.00 Mrs. Martino moved that the above item be recommitted to the C-8. City of Buffalo, City Treasurer Committee on Claims. This is a claim for the City of Buffalo to reimburse the City ADOPTED Treasurer for three items; (1) $600 in counterfeit money mistakenly taken from another department, (2) $203.38 for deposit tickets (the City of Buffalo uses many accounts and NO. 82 these are bank fees from prior fiscal year) and $20.74 for a B21-23 Canadian Exchange Charge (a department accepted a PROPERTY DAMAGE Canadian check and did not figure in the Canadian Exchange). That, upon the recommendation of the Corporation Counsel, $824.12 the following actions for property damage arising out of alleged C-9. City of Buffalo, City Treasurer negligence on the part of the City of Buffalo, be compromised This is a claim for the City of Buffalo to reimburse the City and settled: Treasurer for monies taken out of cash and coin B.21. Carolyn Showers, 401 Highgate Ave., 14215 disbursesment. $919.57 This is a claim for damages to a 2002 Volkswagon Cabria GLS C-10. D. F. Bailey, Court Reporter which was damaged on June 8, 2003 by a dead limb which fell This is a claim for payment of a prior fiscal year Invoice #13332 off of a city-owned tree at 421 Highgate Avenue. for services rendered to the Department of Law on May 15, $1,265.71 2003. $810.00 B.22. Charles R. Weed, 689 McKinley Parkway, 14220 C-11. DFT Security Service Inc. This is a claim for damages to a 2002 Chevrolet Silverado on This is a claim for payment of prior fiscal year Invoice No. 4241 May 16, 2003 in the parking (lot) of Emerson High School. for services rendered to the Department of Public Works, $389.64 Parks and Streets $93.00 B.23. Nfn Zulkharnain, M.D., 136 Sobieski St., 14212 C-12. DFT Security Service Inc. This is a claim for damages to 136 Sobieski St. resulting from This is a claim for payment of prior fiscal year invoice for a fire at 311 Sweet Street on May 28, 2003. Account No. 20037594 for services at 29 Northampton/Real $1,550.00 Estate Maintenance Office for the Department of Strategic That a check be drawn on the account of Org 1 Planning. $43.99 221008 (480205) Judgment and Claims Prior Years, or C-13. Depaolo-Crosby Reporting Service, Inc. (480204) Current Fiscal Year, payable to the respective This is a claim for payment of a prior fiscal year Invoice claimants or plaintiffs and their attorneys, if any, herein above #140968 for services rendered to the Department of Law on named, in the amounts set opposite their names and delivered June 19, 2003. $99.25 to them upon execution and delivery to the Corporation Counsel C-14. Dreamco Development Corp. of proper releases where such releases are indicated. This is a claim for payment of a prior fiscal year invoice for PASSED services rendered to the Buffalo Fire Dept. AYES - 11 NOES - 0 $2,950.41 C-15. GAR Associates, Inc. This is a claim for payment of a prior fiscal year Invoice #GR NO. 83 1000478 for services rendered to the Department of Law on C-1-C-30 May 22, 2003 for real estate appraisals. MISCELLANEOUS INVOICES $400.00 That, upon the recommendation of the Corporation Counsel C-16. Hodgson, Russ, Attorneys at Law and the appropriate City Departments, the following claims be This is a claim for payment of prior fiscal year Invoice Nos. paid: 407146, 407148 and 407147 for legal services rendered to the C-1. ABG Associates Department of Law for the month of April, 2003. This is a claim for payment of a prior fiscal year Invoice No. $3,925.50 7984-001 for sales of equipment to the Engineering C-17. Jack W. Hunt and Associates, Inc. Department. $1,149.80 This is a claim for payment of prior fiscal year Invoice No. C-2. American Red Cross-Greater Buffalo Chapter 164878 for services rendered to the Department of Law on This is a claim for payment of a prior fiscal year Invoice No. January 24, 2003. $ 432.00 2001000006588 for a workshop on June 30, 2003. C-18. Jack W. Hunt and Associates, Inc. $ 980.00 This is a claim for payment of a prior fiscal year Invoice C-3. American Restaurant Maintenance, Inc. a/k/a Lane #169180 for services rendered to the Department of Law on Guardian American Restaurant Maintenance June 30, 2003 for deposition transcripts. This is a claim for payment of a prior fiscal year Invoice No. $ 671.84 249888 for services performed March, 2003 at 12 Elmwood C-19. International Institute of Buffalo, Inc. Avenue, a city-owned building. $ 112.19 This is a claim for payment of a prior fiscal year Invoice #19465 C-4. American Rock Salt Company LLC for services rendered to the Department of Law on June 20, This is a claim for payment of sesveral invoices for rock salt for 2003 for an interpreting services. $ 80.00 the 2002/03 winter season. $120,392.55 C-20. Jaeckle, Fleischmann & Mugel LLP C-5. Armor Holdings Forensics, Inc. This is a claim for payment of a prior fiscal year Invoice This is a claim for payment of Invoice No. F-03-194361 for #101241 for legal services rendered to the Department of Law evidence “cones” purchased by the Buffalo Police Department. through May 31, 2003. $ 735.00 $64.87 C-21. M & T Bank C-6. Biels Information Tech System This is a claim for payment of a prior fiscal year invoices for This is a claim for payment of three invoices; 1314265, lock box charges for the Department of Treasury for the 1314355 and 1314737. Invoice No. 1314737 was never months of January, February and March, 2003. received by the City Clerk’s Office. $300.00 $14,813.16 C-7. Chief Supply Corporation C-22. Malcolm Pirnie Inc. This is a claim for payment of a prior fiscal year invoice, Invoice This is a claim for services rendered to the City of Buffalo No. 258886. $1,081.35 during the previous fiscal year. The company, Malcolm Pirnie, was given permission to proceed with consulting and That, upon the recommendation of the Corporation Counsel coordination of engineering services regarding the development and the appropriate City Departments, the following claims be of a District Energy Plan. paid: $41,947.45 D-1. Alderwoods Group, 2225 Shepard Avenue East, Suite C-23. Medlab, Inc. 1100, Toronto, Ontario, Canada M2J-5C2 This is a claim for payment of a prior fiscal year Invoice #1033 This is a claim for reimbursement of overpaid user fee costs on for services rendered to the Department of Substance Abuse 2120 and 2121 Delaware Avenue since 1996. Because of a on June 30, 2003. $593.60 computer problem, these two parcels were not identified as C-24. Monroe Title Insurance Corporation parking lots and also the square footage was listed erroneously. This is a claim for payment of prior fiscal year Invoice These errors were recently discovered and brought to the #10227098 for services to the Office of Strategic Planning for a attention of the City. full search for Martin Luther King Park. $21,378.01 The search was necessary in order for the City of Buffalo to be D-2. Regina Mercado, 189 Vermont St, 14213 eligible for a state grant for improvements to Martin Luther King This is a claim for reimbursement of overcharges paid on the Park. $1,500.00 User Fee from February, 2001 through the present. The C-25. Motorola C & E property at 187-189 Vermont Street was incorrectly listed as This is a claim for payment of a prior fiscal year commercial and the rates reflected such instead of a one-family Invoice#W0515491 for services rendered to the Buffalo Police residential property. Department. $340.00 $306.10 C-26. James D. Orr D-3. Word of Faith Church, 299 E. Utica St., 14208 This is a claim for payment of a prior fiscal year invoice for The City of Buffalo is in the process of constructing a library on services rendered to the Department of Law for accident Jefferson Avenue. As part of the Jefferson Avenue Library reconstruction and investigation. $1,056.56 Project, the City needs to acquire two improved parking lots C-27. Sempra Energy Solutions owned by the Word of Faith Church at 1328 Jefferson & 302 This is a claim for payment of Invoice No. 10420 for a service East Utica. In order to simplify the acquisition and avoid fee for energy conservation contract. lengthy and costly condemnation proceedings, the City of $10,710.00 Buffalo agreed to acquire two unimproved lots at 1314-1316 C-28. Sempra Energy Solutions Jefferson Avenue and exchange them for two paved parking This is a claim for payment of Invoice No. 11039 for a service lots. In order to make this an even exchange (two paved fee for energy conservation contract. parking lots for two unpaved lots), the City of Buffalo also $11,960.00 agreed to reimburse the Church for paving the lots at 1314- C-29. Unifirst Corporation 1316 Jefferson Avenue. The Common Council approved this This is a claim for payment of prior fiscal year Invoice No. transaction for the exchange of properties. Item No. 17, C.C.P. 419670 for a uniform which was never returned to Unifirst 1/8/02. $15,564.00 Corporation by a member of the Buffalo Fire Department. The That checks be drawn on the account of Org 17221008 employee is now deceased and the Fire Department has (480205) Judgment and Claims Prior Years, or (480204) negotiated with Unifirst that the City of Buffalo pay a portion of Current Fiscal Year, payable to the respective claimants or the original invoice plaintiffs and their attorneys, if any, herein above named, in the ($153.10). $56.00 amounts set opposite their names and delivered to them upon C-30. West Group Payment Center execution and delivery to the Corporation Counsel of proper This is a claim for payment of a various prior fiscal year releases and closing papers. invoices for Account No. 804530026 for library account for the PASSED Department of Law. $3,647.00 AYES - 11 NOES - 0 C-31. York International Corp This is a claim for services rendered to the Parks Department NO. 85 at Dunn Tire Park during the prior fiscal year (2002/03). Work E-1 was started by York International Corporation and finished by REPORT TO THE CLAIMS COMMITTEE another company. $425.40 E-1. Barbara Miller-Williams, 236 Clinton St, 14204 C-32. Donald Zinteck/DBA Photographics 2 Mrs. Martino moved that the above item be recommitted to the This is a claim for work performed in 2002 for services Committee on Claims. rendered to the Buffalo Police Department (Invoice #22073) for ADOPTED. printing work which cannot be performed by the City’s Print Shop; color copies of photos, etc. NO. 86 $3,725.00 E-2 That a check be drawn on the account of Org 17221008 REPORT TO THE CLAIMS COMMITTEE (480205) Judgment and Claims Prior Years, or (480204) E-2. Michael W. McKenna, 128 VanRensselear, 14210 Current Fiscal Year, payable to the respective claimants or Mrs. Martino moved that the above item be recommitted to the plaintiffs and their attorneys, if any, herein above named, in the Committee on Claims. amounts set opposite their names and delivered to them upon ADOPTED. execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. CIVIL SERVICE PASSED (MARC A. COPPOLA, CHAIRPERSON) AYES - 11 NOES – 0 NO. 87 NO. 84 APPOINTMENT D-1-D-3 ASSOCIATE TAX CLERK (MAX) (ASSESS./TAX) MISCELLANEOUS REFUND/REIMBURSEMENT (ITEM NO. 29-C.C.P. OCT. 14, 2003) That Communication 29, October 14, 2003 be received and filed and the permanent appointment of Carmen E. Bryant stated above at the maximum salary of $35,063 effective on LEASE OF CITY HALL CAFETERIA - BRAND-ON September 16, 2003 is hereby approved. SERVICES PASSED (ITEM NO. 29, C.C.P.,, SEPT. 30, 2003) AYES - 11 NOES - 0 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 88 Mrs. Grant moved: APPT.-DEPUTY DIRECTOR OF TELECOMMUNICATIONS That the Commissioner of Public Works, Parks and Streets be, (MAX) (PW) and he hereby is authorized to enter into a one year extension (CCP#40-OCT. 14, 03) of the contract with Brand-On-Services for the operation of City That the above item be and the same hereby is received and Hall Cafeteria. filed. PASSED ADOPTED AYES - 11 NOES - 0 NO. 89 NO. 95 APPOINTMENT RESULTS OF NEGOTIATIONS - SOUTH PIERCE, WATER SERVICE WORKER (MAX) (PW) PORTION OF (ITEM NO. 41 -C. C. P. OCT. 14, 2003) (ITEM NO. 14, C.C.P., OCT. 14, 2003) That Communication 4 1, October 14, 2003 be received and That the above item be, and the same hereby is returned to filed and the permanent appointment of Philip Mazzone stated the Common Council without recommendation. above at the maximum salary of $33,350 effective on October Mrs. Grant moved: 3, 2003 is hereby approved. That the City of Buffalo does hereby abandon a portion (20 x PASSED 150) of South Pierce, a Paper Street in accordance with Article AYES - 11 NOES – 0 27, Section 27-5 of the Charter of the City of Buffalo; and That the Director of Real Estate be, and he hereby is NO. 90 authorized to transfer the above portion of South Pierce to APPOINTMENT Donald and Pamela Grzebielucha, in the amount of $780.00 SENIOR CITIZEN AIDE (MAX) (COMM. SVS.) and the Council does hereby adopt the Initial Review of SEQR (ITEM NO. 48-C.C.P. OCT. 14, 2003) Applicability. That the Corporation Counsel be authorized to That Communication 48, October 14, 2003 be received and prepare the necessary documents for the transfer of title and filed and the provisional appointment of Lisa Masiello stated that the Mayor be authorized to execute the same. above at the maximum salary of $27,847 effective on October PASSED 1, 2003 is hereby approved. AYES - 11 NOES - 0 PASSED AYES - 11 NOES - 0 NO. 96 ERIE BASIN MARINA - ANNUAL AUDIT NO. 91 (ITEM NO. 18, C.C.P., JUNE 24, 2003) NOTICES OF APPT. -TEMP. /PROV. /PERM. (C. CLK.) That the above item be, and the same hereby is returned to (CCP#57-OCT. 14, 03) the Common Council without recommendation. That the above item be and the same hereby is received and Mrs. Grant moved: filed. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED. FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 97 LEGAL SEPARATION OF COB'S & BD OF ED'S FINANCES NO. 92 (EXC. FIN. RES.) REGIONAL ASSETS SALES AGREEMENT REVISED (CCP# I 28-MAY 27, 03) (LAW) Mrs. Grant moved that the above item be recommitted to the (CCP#45-OCT. 14, 03) Committee on Finance. That the above item be and the same hereby is received and ADOPTED. filed. ADOPTED NO. 98 FIRE DEPARTMENT REORGANIZATION - HIRE NO. 93 CONSULTANTS UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK (ITEM NO. 31, C.C.P., SEPT. 30, 2003) POWER CORP. That the above item be, and the same hereby is returned to 175 CARLTON - SCHOOL NO. 37 the Common Council without recommendation. ITEM NO. 24, CC.P. OCT. 14, 2003) Mrs. Grant moved: That the Executive Director of Strategic Planning be, and he That the Commissioner of Public Works, Parks and Streets be, hereby is authorized to enter into ' an -easement, agreement and he hereby is authorized to hire consultants for the design between the City and Niagara Mohawk Power Corporation, for of new fire stations and renovations of use of city-owned property located at 175 Carlton Street - existing fire stations, in an amount not to exceed $250,000. School No. 37. That the Corporation Counsel be, and he PASSED bereby is authorized to review said agreement and that the AYES - 11 NOES - 0 Mayor be authorized to execute the same. PASSED NO. 99 AYES - 11 NOES - 0 B. DAVIS-RON'S TOWING-PROPOSAL-PRIVATIZING TOWING FOR THE COB NO. 94 (CCP#68-JUNE 24, 03) That the above item be and the same hereby is received and That the Director of Real Estate be, and he hereby is filed. authorized to rescind the sale of 136 Cottage, 2340 Fillmore, ADOPTED 128 Gittere, 197 Lathrop & 135 Stanislaus to Mr. David , Bourne of 49 Saint Mark Drive, Rochester, New York 14606, NO. 100 and return the properties to inventory for resale and retain the BOND CLOSEOUT - CONSTRUCTION OF SOUTH bidders forfeited deposits as listed in the above COMMUNITY CENTER communication. (ITEM NO. 15, C.C.P.,, JUNE 24, 2003) PASSED AYES - 11 NOES - 0 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 107 Mrs. Grant moved that the above item be recommitted to the REMOVE FILL MATERIAL - FORMER CRAWDADDY'S Committee on Finance. SITE ADOPTED (ITEM NO. 37, C.C.P., OCT. 14, 2003) That the above item be, and the same hereby is returned to NO. 101 the Common Council without recommendation. D. HIPCHEN & OTHERS - REQ. DEMOLISH 382 Mrs. Grant moved: MARYLAND STREET That the Commissioner of Public Works, Parks and Streets, (ITEM NO. 60, C.C.P., MAY 13, 2003) be, and he hereby is authorized to pay bestro Bros. for the That the above item be, and the same hereby is returned to removal of fill material and turf from the former Crawdaddy's the Common Council without recommendation. site, as ordered by State Supreme Court Judge, Joseph G. Mrs. Grant moved that the above item be recommitted to the Makowski, in the amount of $13,440.00. Funds for the project Committee on Finance. are available in Capital Project Account #34640706. ADOPTED PASSED AYES - 11 NOES - 0 NO. 102 USE OF 3300 BAILEY AVE.-SATELLITE COP STAT./STS. LEGISLATION SAFETY BLDG. (RICHARD A. FONTANA, CHAIRMAN) (CCP#161-MAR. 19,03) That the above item be and the same hereby is received and NO. 108 filed. S. PARRISH, PETITION TO USE 1201 HERTEL - ADOPTED RESTAURANT (ITEM NO. 75, C.C.P., OCT. 14,2003) NO. 103 That after the public hearing before the Committee on ROOSEVELT PARK STEERING COMMITTEE (PW) Legislation on October 21, 2003,'tbe petition of S. Parrish, for (CCP#27-OCT. 29, 02) permission to use 1201 Hertel Avenue for a restaurant be, and That the above item be and the same hereby is received and hereby is approved. filed. PASSED ADOPTED AYES - 11 NOES - 0 NO. 104 NO. 109 H. KURTZ - CONCERNS - 382 MARYLAND AVENUE S. DONALD WARFE, PETITION TO USE IQOO ELMWOOD (ITEM NO. 65, C.C.P., OCT. 14, 2003) A/K/A 1000- 1004 ELMWOOD, SIT-IN RESTAURANT That the above item be, and the same hereby is returned to (ITEM NO. 76, C.C.P.,'OCT. 14, 2003) the Common Council without recommendation. That after the public hearing before the Committee on Mrs. Grant moved: Legislation on October 21, 2003, the petition of S. Donald Mrs. Grant moved that the above item be recommitted to the Warfe, agent, for permission to use 1000 Elmwood a/k/a Committee on Finance. 1000-1004 Elmwood, for a sit-in restaurant be, and hereby is ADOPTED. approved. PASSED NO. 105 AYES - 11 NOES - 0 S. ROBBIN'S - REQ. DEMOLITION - 382 MARYLAND AVENUE NO. 110 (ITEM NO. 69, C.C.P., OCT. 14, 2003) M. MOSCATI, PETITION TO USE 807 ELMWOOD -FOOD CO-OP W/SIT-IN & That the above item be, and the same hereby is returned to TAKE-OUT FOODS, W/PARKING the Common Council without recommendation. (ITEM NO. 77, C.C.P., OCT. 14, 2003) Mrs. Grant moved that the above item be recommitted to the That after the public hearing before the Committee on Committee on Finance. Legislation on October 21, 2003, the petition of M. Moscati, ADOPTED. agent, for permission to use 807 Elmwood Avenue, for a food co-6p with sit-in and take-out foods with parking be, and hereby NO. 106 is approved. RESCIND AUCTION SALE AND FORFEIT DEPOSIT - 2340 PASSED FILLMORE, 128 GITTERE, AYES - 11 NOES - 0 197 LATHROP, 135 STANISLAUS & 136 COTTAGE (ITEM NO. 12, C.C.P., OCT. 14, 2003) NO. 111 That the above item be, and the same hereby is returned to MICHAEL JORDAN - CLOVER CONST. - REQUEST the Common Council without recommendation. APPEAL PRESERVATION Mrs. Grant moved: BOARD DECISION - 757 MAIN STREET (ITEM NO. 87, C.C.P., SEPT. 2, 2003) ADOPTED (ITEM NO. I 11, C.C.P., SEPT. 30, 2003) That the above item be, and the same hereby is returned to NO. 119 the Common Council without recommendation. REQ. BETTER MAINT/DREDGING-SCAJAQUADA Mr. Fontana moved that the above item be recommitted to the CREEK/HOYT LAKE (ENV. MGMT.) Committee on Legislation. (CCP#18-OCT. 15, 03) ADOPTED That the above item be and the same hereby is received and filed. NO. 112 ADOPTED MICHAEL JORDAN - CLOVER CONST. - REQUEST APPEAL PRESERVATION NO. 120 BOARD DECISION - 657 MAIN,STREET (BFLO. PRES. BD.) M. COPPOLA-ECOSYSTEM RESTORATION AT HOYT (ITEM NO. 12, C.C.P.,'SEPT. 16, 2003) LAKE/SCAJAQUADA CREEK (ITEM NO. 112, C.C.P., SEPT. 30, 2003) (CCP#50-APR. 29, 03) That the, above item be, and the same hereby is returned to That the above item be and the same hereby is received and the Common Council without recommendation filed. Mr. Fontana moved that the above item be recommitted to the ADOPTED Committee on Legislation, ADOPTED NO. 121 B. DAVIS-UPDATE COST/BENEFIT EST.-DOWNTOWN NO. 113 ON-STREET PKG. PROGRAM LOCAL LAW INTRO. NO. 12'~(2003) - COMM. OF PEN-NIT (CCP462-FEB. 18, 03) INSPECTION SERVICES, POWERS OF That the above item be and the same hereby is received and (ITEM NO. 139, C.C.P., OCT. 14, 2003) filed. That the above item be, and the same hereby is returned to ADOPTED the Common Council without recommendation. Mr. Fontana moved: NO. 122 That after the public hearing before the Committee on ADJUST ALT. PKG. ON TENNESSEE ST. Legislation on October 21, 2003, the Local Law as contained in (CCP# 168-JUNE 24, 03) Item No. 139, C.C.P., October 14, 2003, be and the same That the above item be and the same hereby is received and hereby is approved. filed. PASSED ADOPTED AYES - 11 NOES - 0 NO. 123 NO. 114 ADJ. ALT. PKG. ON TENNESSEE ST. (PW) REV. OF NOMINEES FOR APPT. -CITY PLANNING BD. & (CCP#33-JULY 22, 03) BD. OF PKG. (LAW) That the above item be and the same hereby is received and (CCP#46-OCT. 14, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 124 NOTIFICATION SERIAL #9737, PERMISSIVE PARKING - NO. 115 REPEAL ON ASHINGTON STREET, ETC. BACK UP POWER FOR COB WATER DEPT. (ITEM NO. 3 1, C.C.P., OCT. 14, 2003) (CCP#109-SEPT. 2, 03) That the above item be, and the same hereby is returned to That the above item be and the same hereby is referred to the Common Council without recommendation. the Committee on Finance. Mr. Fontana moved: ADOPTED That pursuant to Subdivision 24 of Section 15 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic NO. 116 ordinances (Chapter 479 of the City Code), Notification Nos. ENFORCEMENT OF CITY TAX CODES & REGULATIONS 9737 and 9738, as more fully described in the above (CCP#145-OCT. 14,03) communication, be received and filed. That the above item be and the same hereby is referred to ADOPTED the Special Committee on Regional Governance. ADOPTED NO. 125 SIDEWALK CAFE - 387 FOREST AVENUE NO. 117 (ITEM NO. 36, C.C.P., SEPT. 16, 2003) REQ. CO., STATE, FED. GOVTS. PROV. FNDING FOR That the Commissioner of Public Works, Parks and Streets SCAJ. CREEK./HOYT LAKE (EXC. I" RES) be, and he hereby is authorized to issue a "mere license" to (CCP# 111-SEPT. 2, 03) Andy Daloisio, owner of Bada Bing Bar, located at 387 Forest ' That the above item be and the same hereby is received and Avenue, to install a sidewalk cafe, which would encroach city filed. right-of-way at said address, subject to the following conditions: ADOPTED 1. That the applicant obtains any and all other City of Buffalo permits necessary for said installation. NO. 118 2. That the sidewalk cafe be installed exactly as shown MAINTENANCE- SCAJAQUADA CREEK/HOYT LAKE (PW) on plans submitted to and approved by the Department of (CCP#28-OCT 1, 03) Permit and Inspection Services. That the above item be and the same hereby is received and filed. 3. That the sidewalk cafe does not exceed fourteen feet NO. 127 (14') in length or extend more than nine feet (9') from the SIDEWALK CAFE - 3173 MAIN STREET building face. (ITEM NO. 8, C.C.P., OCT. 14, 2003) 4. That no portion of the sidewalk cafe be permanent in That the above item be, and the same hereby is returned to nature or permanently affixed to the main building or public the Common Council without recommendation. sidewalk. Mr. Fontana moved: 5. That the sidewalk cafe be completely removed from That the above mentioned item be and the same is hereby City right-of-way from November 15 to April I each year. received and filed. 6. That the applicant be assessed the annual fee of ADOPTED one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in NO. 128 Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City RESTAURANT DANCING CLASS IV - 318 PEARL STREET Ordinances. (ITEM NO. 60, C.C.P., JULY 22, 2003) 7. That the applicant supply the Department of Public (ITEM NO. 116, C.C.P., SEPT. 30, 2003) Works, Parks and Streets with a five thousand dollar That pursuant to Chapter 150 of the City Code, the ($5,000.00) construction in street bond or certificate of Commissioner of Permit & Inspection Services be, and he insurance which will indemnify and save harmless the City of hereby is authorized to grant a Restaurant Dancing Class IV Buffalo against any and all loss or damage arising out of the license to Mike Nguyen, d/b/a Ice Place, located at 318 Pearl construction, maintenance, use and removal of said sidewalk Street., cafe. PASSED 8. That the sidewalk caf6 closes at 10:00 p.m. on AYES - 11 NOES - 0 weekdays and at 11:00 p.m. on weekends. 9. That no alcohol service is allowed on the sidewalk NO. 129 caf6 subject to SLA regulations. SECONDHAND DEALER - 1677 HERTEL AVENUE 10. That the Commissioner of Public Works, (ITEM NO. 47, C.C.P., OCT. 14,2003) Parks and Streets may revoke the permit after a hearing has That pursuant to Chapter 254 of the City Code, the been held. Commissioner of Permit & Inspection Servic6s be, and he PASSED hereby is authorized to grant a Secondhand Dealer license to AYES - 11 NOES - 0 Kristen Webb d/b/a Webb Trading Company located at 1677 Hertel Avenue. NO. 126 PASSED SIDEWALK CAFE - 3173 MAIN STREET AYES - 11 NOES - 0 (ITEM NO. 49, C.C.P., JULY 22, 2003) That the above item be, and the same hereby is returned to NO. 130 the Common Council without recommendation. USED CAR DEALER - 1193 JEFFERSON AVENUE Mr. Fontana moved: (ITEM NO. 36, C.C.P., MAR. 4,2003) That the Commissioner of Public Works, Parks and Streets be, (ITEM NO. 119, C.C.P.', OCT. 14, 2003) and he hereby is authorized to issue a "mere license" to Walter That pursuant to Chapter 254 of the City Code, the Batista, owner of Sal's Pizzeria, located at 3173 Main Street to Commissioner of Permit & Inspection Services be, and he install a sidewalk cafe, which would encroach city right-of-way hereby is authorized to grant a Used Car Dealer License to at said address, subject to the following conditions: Gregory Hopkins d/b/a Greg's Tire and Automotive Repair 1. That the applicant obtains any and all other City of located at 1193 Jefferson Avenue. Buffalo permits necessary for said installation. PASSED 2. That the sidewalk cafe be installed exactly as shown AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, on plans submitted to and approved by the Department of FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO Permit and Inspection Services. AND THOMPSON - 10 NOES – PITTS - 1 3. That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than six and one half feet (6 1/2') NO. 131 from the building face. S. RAINEY-CONCERNS-PROPERTY AT 98 LONSDALE 4. That no portion of the sidewalk cafe be permanent in ROAD (CP) nature or permanently affixed to the main building or public (CCP#13-SEPT. 30, 03) sidewalk. That the above item be and the same hereby is received and 5. That the sidewalk cafe be completely removed from filed. City right-of-way from November 15 to April I each year. ADOPTED 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City NO. 132 right-of-way occupied by said sidewalk cafe as described in DEMOLITIONS AT 32 WOHLERS & 31 ROEHRER (PW) Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City (CCP#33-OCT. 14,03) Ordinances. That the above item be and the same hereby is received and 7. That the applicant supply the Department of Public filed. Works, Parks and Streets with a five thousand dollar ADOPTED ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of COMMUNITY DEVELOPMENT Buffalo against any and all loss or damage arising out of the (ANTOINE M. THOMPSON, CHAIRMAN) construction, maintenance, use and removal of said sidewalk cafe. NO. 133 PASSED TRANSFER OF TITLE, URBAN HOMESTEAD - 1568 AYES - 11 NOES - 0 JEFFERSON AVENUE (ITEM NO. 15, C.C.P., OCT. 14, 2003) That the above item be, and the same hereby is returned to the the Mayor be, and he hereby is authorized to execute a deed Common Council without recommendation. transferring said property to Ms. Alicia M. Banner, residing at Mr. Thompson moved that the above item be recommitted to 275 Strauss Street, in the amount of $ 1.00 (One Dollar), and the Committee on Community Development. all costs of transfer, on the condition the property is cleared ADOPTED and improved within six (6) months and maintained in a sanitary manner. NO. 134 PASSED TRANSFER OF TITLE, URBAN HOMESTEAD - 94 AYES - 11 NOES – 0 KILHOFFER STREET (ITEM NO. 16, C.C.P., OCT. 14, 2003) NO. 138 That the above item be, and the same hereby is returned to TRANSFER OF TITLE - URBAN HOMESTEAD PROGRAM - the Common Council without recommendation. 53 WALTER Mr. Thompson moved: (ITEM NO. 7, C.C.P., SEPT. 30, 2003) That the city-owned property commonly known as 94 Kilhoffer (ITEM NO. 125, C.C.P., OCT. 14, 2003) Street, is hereby designated as Homestead Property, and that That the above item be, and the same hereby is returned to the Mayor be, and he hereby is authorized to execute a deed the Common Council without recommendation. transfer-ring said property to Mr. Stevie Edwards, residing at Mr. Thompson moved that the above item be recommitted to 98 Kilhoffer Street, in the amount of $ 1.00 (One Dollar), and all the Committee on Community Development. costs of transfer, on the condition the property is cleared and ADOPTED improved within six (6) months and maintained in a sanitary manner. PASSED NO. 139 AYES - 11 NOES - 0 TRANSFER OF TITLE, URBAN HOMESTEAD - 112 WOOD AVENUE NO. 135 (ITEM NO. 20, C.C.P., OCT. 14, 2003) TRANSFER OF TITLE, URBAN HOMESTEAD - 143 That the above item be, and the same hereby is returned to KRETTNER STREET the Common Council without recommendation. (ITEM NO. 17, C.C.P., OCT. 14, 2003) Mr. Thompson moved that the above item be recommitted to That the above item be, and the same hereby is returned to the Committee on Community Development. the Common Council without recommendation. ADOPTED Mr. Thompson moved: That the city-owned property commonly known as 143 Krettner SPECIAL COMMIFFEES Street, is hereby designated as Homestead Property, and that MINORITY BUSINESS ENTERPRISE COMMITTEE the Mayor be, and he hereby is authorized to execute a deed (CHARLEY H. FISHER 111, CHAIRMAN) transferring said property to Ms. Sallie Riddle, residing at 145 Krettner Street, in the amount of $1.00 (One Dollar), and all NO. 140 costs of transfer, on the condition the property is cleared and C. FISHER-M. KNIBBS-BACK improved within six (6) months and maintained in a sanitary STOP-COMPLAINT-BERC-LOANS-BIG/SM. BUS. manner. (CCP#80-MAR. 6,03) PASSED That the above item be and the same hereby is received and AYES - 11 NOES – 0 filed. ADOPTED NO. 136 TRANSFER OF TITLE, URBAN HOMESTEAD - 381 MAY NO. 141 STREET C. FISHER-COMM. SVS. & SEWER AUTH-AUTH. (ITEM NO. 18, C.C.P., OCT. 14, 2003) MBEAVBE MONTHLY STATUS RPTS. That the above item be, and the same hereby is returned to (CCP#63-MAR. 18,03) the Common Council without recommendation. That the above item be and the same hereby is received and Mr. Thompson moved: filed. That the city-owned property commonly known as 381 May ADOPTED Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed NO. 142 transferring said property to Ms. Bonnie L. Mann, residing at B. GRANT-L. HARE-EST. ADDL. CHAMBERS OF 383 May Street, in the amount of $ 1.00 (One Dollar), and all COMMERCE IN BFLO. (#66, 2/18) (CD) costs of transfer, on the condition the property is cleared and (CCP# 174-APR. 15, 03) improved within six (6) months and maintained in a sanitary That the above item be and the same hereby is received and manner. filed. PASSED ADOPTED AYES - 11 NOES - 0 NO. 143 NO. 137 DIVERSITY FOR BUFFALO FISCAL STABILITY, TRANSFER OF TITLE, URBAN HOMESTEAD - 277 AUTHORITY STAFF AND CONSULTANTS STRAUSS STREET (ITEM NO. 195, C.C.P:, JULY 22, 2003) (ITEM NO. 19, C.C.P., OCT. 14, 2003) That the Buffalo Fiscal Stability Authority establish a policy of That the above item be, and the same hereby is returned to 25% minority business enterprise and 5% women business the Common Council without recommendation. enterprise goal for legal, professional, technical, vending and, Mr. Thompson moved: other professional services that it purchase during the life of That the city-owned property commonly known as 277 Strauss the authority. That the Buffalo Fiscal Stability Authority Street, is hereby designated as Homestead Property, and that establish a 35% minority and women workforce goal and an 46 Report Technician $27,215- $30,213 Affirmative Action statement and policy; and 12020001 That the City Clerk forward copies of this resolution to all 3 Report Technician $27,215- $30,213 members of the Buffalo Fiscal Stability Authority, members of 12021001 the YVNY State and Federal delegations, NYS Assembly 43 Report Technician $27,215- $30,213 Speaker Sheldon Silver, NYS Majority Leader Joseph Bruno, 12132001 NYS Assembly Deputy Speaker Clarence Norman, and 35 Captain $62,136 Minority Leader of the NYS Senate David Patterson, the 106 Lieutenant $59,134 NAACP, the Black Leadership Forum, UB Center for Urban 561 Firefighters $37,775- $51,072 Studies, Hispanics United of Buffalo, WNY Hispanics and 12133001 Friends, the Buffalo Urban League, and the SCLC; AND 1 Captain $62,136 That contracting, vending, and other advertisements and 12134001 meeting notices of the Buffalo Fiscal Stability Authority are 2 Captain $62,136 posted in The Challenger, and the Buffalo Criterion. 12135001 ADOPTED 1 Superintendent of Communication Operations $70,466 12553001 RESOLUTIONS 1 Confidential Secretary to the Commissioner $29,138 12555001 NO. 144 1 Report Technician $27,215- $30,213 BY: MR. COPPOLA 13112001 SALARY ORDINANCE AMENDMENT 1 Senior Engineering Aide $30,765- $35,167 VARIOUS DEPARTMENTS 13113001 The Common Council of the City Of Buffalo does ordain as 9 Bridge Operating Engineers $27,639- $31,170 follows: 13116001 That part of Section I of Chapter 35 of the Code of the City of 1 Senior Engineer $47,712- $55,189 Buffalo, relating to Various Departments which currently reads: 13191001 1 Assistant to Council President 10101001 $41,950 1 Junior Engineer $35,868- $41,549 10102001 14160001 1 Senior Legislative Assistant to the Majority Leader $39,002 1 Parks Superintendent $32,991- $38,196 10314001 15050001 3 Laborer I $22,388-25,426 8 Motor Equipment Mechanic $28,999- $32,661 10319001 15203001 I Disaster Coordinator $47,278 1 Veterinary Technician $28,898- $33,188 5 Complaint Clerk $25,162-27,847 4 Exterminator $26,458- $29,604 10546001 15507001 12 Assistant Corporation Counsel II $ 55,756 - 1 Medical Secretary $26,861 - $30,114 $ 69,357 15512001 10871001 2 Senior Citizen Aide $25,162- $27,847 2 System Administrator $44,385-$52,785 1 Laborer I $22,297- $25,334 3 Computer Programmer $38,358-$44,779 16550001 11252001 I Deputy Commissioner of Permits & Inspections $66,934 I Director of Administrative Adjudication $45,757-$54,221 1 Director of Housing & Inspections $61,251 2 Legal Aide $26,271-$29,269 4 Chief Building Inspector $43,929- $50,802 11412001 46 Building Inspector $39,499- $45,696 I Junior Traffic Clerk $25,162-$27,847 1 Secretary to Commissioner of Permits $29,138 5 Tow Truck Operator $26,458-$29,604 16551001 4 Laborer II $24,420-$27,833 3 Bingo Inspector $29,179- $33,897 11413001 Is hereby amended to read: 1 Superintendent of Parking Meters & Enforcement $35,031- 10102001 $40,823 0 Senior Legislative Assistant to the Majority Leader$39,002 11475001 Effective January 1, 2004 4 Junior Traffic Clerk $25,162-$27,847 10314001 I Supervising Hearing Examiner 2 Laborer 1 $22,388- $25,426 (Part Time) $ $30,071 10319001 11645001 4 Complaint Clerk $25,162- $27,847 I Director of Collections $41,666-$48,788 10546001 I Account Clerk Typist $26,271-$29,269 10 Assistant Corporation Counsel 11 $55,756- $69,357 11781001 10871001 I Laborer 11 (DAILY) $25,596-$29,182 4 Computer Programmer $38,358- $44,779 I I Laborer 11 $24,420-$27,833 11252001 11782001 1 Legal Aide $26,271- $29,269 2 Duplicating Machine Operator $29,409-$33,328 11412001 12000001 3 Tow Truck Operator $26,458- $29,604 0 Chief - In Command of District $89,942 1 Laborer 11 $24,420- $27,833 6 Chief $84,771 11475001 8 Report Technician $27,215- $30,213 3 Junior Traffic Clerk $ 25,162 - $ 27,847 12010001 1 Supervising Hearing Examiner (Part Time) $ 122.00 1 Chief of Detective $82,256 /DAILY 12003001 11781001 12 Laborer 11 $ 24,420 - $ 27,833 IN ACCORDANCE WITH ARTICLE V OF THE PRIVATE 11782001 HOUSING FINANCE LAW 1 Duplicating Machine Operator $ 29,409 - $ 33,328 WHEREAS, the Acting Comptroller of the City of Buffalo has 12000001 heretofore consented to the formation of a redevelopment 6 Chief $84,771 company pursuant to Article V of the Private Housing Finance 6 Report Technician $27,215- $30,213 Law of the State of New York, which redevelopment company 12003001 is known as Washington Apartments L.P. (the "Company"); 35 Report Technician $27,215- $30,213 and 12020001 WHEREAS, the Company desires to acquire certain real 2 Report Technician $27,215- $30,213 property located and improvements thereon, commonly known 12021001 as the former Holling Press building, at 499501 Washington 29 Report Technician $27,215- $30,213 Street in the City of Buffalo, New York (the "Premises"), and to 12132001 renovate, construct, develop, own, maintain, operate and lease 33 Captain $62,136 a housing project thereon consisting of eighty-two (82) 103 Lieutenant $59,134 residential rental units for persons of low income (the 546 Firefighters $37,775- $51,072 "Project"), all pursuant to the tenus and provisions of Article V 12134001 of the Private Housing Finance Law; and I Captain $62,136 WHEREAS, pursuant to Section 114 of the Private Housing 13112001 Finance Law, on September 19, 2003, the Acting Comptroller 1 Engineering Aide $ 27,648 - $ 31,153 preliminarily approved the Company's plan for the Project, a 15050001 copy of which is annexed hereto and made a part hereof as 7 Motor Equipment Mechanic $ 28,999 - $ 32,661 Exhibit "A" (the "Plan");'and 15203001 WHEREAS, after notice and a public hearing, the Planning 2 Exterminator $ 26,458 - $ 29,604 Board of the City of Buffalo adopted a resolution approving the 16550001 Plan and issued its unqualified certificate of approval of the 2 Chief Building Inspector $ 43,929 - $ 50,802 Project pursuant to Section 114 of the Private Housing Finance 36 Building Inspector $ 39,499 - $ 45,696 Law; and 16551001 WHEREAS, the Common Council of the City of Buffalo (the 1 Bingo Inspector $ 29,179 - $ 33,897 "Common IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Council") ha ' 9 received a request from the Company for Charter, that that immediate passage of the foregoing approval of its acquisition of the Premises in accordance with ordinance is necessary. subdivision I of Section 112 of the Private Housing Finance We, ANTHONY M. MASIELLO, MAYOR, JAMES B. Law; and MILROY, COMMISSIONER OF ADMINISTRATION AND WHEREAS, the Common Council has received a request from FINANCE, MICHAEL A. SEAMAN, DIRECTOR OF the Company for approval of the Plan and a real property tax BUDGET, JAMES W. PITTS, COMMON COUNCIL exemption pursuant to Sections 114 and 125 of the Private PRESIDENT, ROCCO J. DIINA, COMMISSIONER OF Housing Finance Law, which tax exemption is consistent with POLICE, CALVIN G. WORTHY, COMMISSIONER OF FIRE, the terms and conditions of the City of Buffalo PILOT Policy; MICHAEL RISMAN, CORPORATION COUNSEL, NOW, THEREFORE, IT IS RESOLVED, by the Common RAJENDER MEHTA, DIRECTOR OF DATA PROCESSING, Council, in accordance with the provisions of Article V of the LEONARD A. MATARESE, COMMISSIONER OF HUMAN Private Housing Finance Law, as follows: RESOURCES, JOSEPH N. GIAMBRA, COMMISSIONER OF 1. The Common Council hereby approves the Project, PUBLIC WORKS, PARKS AND STREETS, DONALD 0. as described in the Plan, as to conformance with the provisions ALLEN, COMMISSIONER OF COMMUNITY SERVICES, and purposes of Article V of the Private Housing Finance Law. AND RAYMOND K. MCGURN, COMMISSIONER OF 2. The Common Council hereby determines that the PERMITS AND INSPECTIONS, hereby certify that the above acquisition of the Premises by the Company is necessary and change is necessary for the proper conduct, administration and convenient for the public purposes described in Article V of the performance of essential services of that department. We Private Housing Finance Law, and the acquisition of the recommend that the compensation for said position be fixed at Premises by the Company is hereby approved. the respective amount set forth in the foregoing ordinance. 3. The Common Council hereby approves a property That a personnel requisition incident to the creation of the tax exemption for the Project in accordance with Section 125 of above-mentioned position, containing a statement of the duties the Private Housing Finance Law, such that the Premises and for such position, has been filed with the Municipal Civil all improvements now or hereafter situated thereon shall be Service Commission, and said Commission has approved and exempt from all local and municipal taxes, including, but not certified the position title set forth in the foregoing ordinance as limited to, City, County and school taxes, other than being the appropriate Civil Service title for the proposed assessments for local improvements, which represent an position. increase over the assessed valuation of the Premises at the Anthony M Masiello time of its acquisition by the Company, all as more particularly Mayor described in the Property Tax Exemption Agreement annexed PASSED hereto as Exhibit "B" and made a part hereof. The tax AYES - 11 NOES - 0 exemption shall operate for a period of fifteen (15) years commencing on the first taxable status date following completion of construction of the Project, provided the NO. 145 Company shall pay to the City and the County during such BY MR. DAVIS period the amounts described in the annexed RESOLUTION APPROVING (1) THE ACQUISITION BY Property Tax Exemption Agreement. WASHINGTON APARTMENTS L.P. OF CERTAIN REAL 4. The Mayor is authorized and directed to execute a PROPERTY SITUATED AT 499501 WASHINGTON STREET Property Tax Exemption Agreement in substantially the same AND (2) A TAX EXEMPTION FOR SUCH PROPERTY, ALL form as annexed hereto as Exhibit "B", which Property Tax Exemption Agreement is hereby approved by the Common Whereas: Funding has been severely cut to Buffalo public Council, with such changes or modifications as the Mayor shall schools, and students have even more need for their deem necessary or appropriate. neighborhood library that they can walk safely, to accomplish 5. The Mayor and the Acting Comptroller are hereby their homework assignments and projects; and authorized to take such further actions and execute such Whereas: BECPL's own Guidelines for New Library additional documents and instruments as may be necessary or Construction assert, "The board cannot approve of any desireable to carry out the intent of the foregoing resolutions. proposed project that might enhance the quality of library Dated: 2003 services in one area at the expense of another", and this rule is PASSED clearly broken by the closing of two or more branches in tow AYES - 11 NOES - 0 separate neighborhoods to open only one for one neighborhood; and NO. 146 Whereas: BECPL's own $38,000 survey by Insight & BY: BRIAN C. DAVIS Associates concluded that, "A bigger, brighter, more technically MORATORIUM ON CONSOLIDATION OF PUBLIC excellent facility a mile away is little use to a student doing LIBRARIES IN BUFFALO homework everyday close to home"; and Whereas: Buffalo branches have been Whereas: BECPL document prove that, in 2000 after 22 disproportionately targeted for consolidation in the past, hearings with thousands participants, and after receiving losing one fourth of their branches (5) since 1963 to 10,000 signatures opposing consolidation on petitions, BECPL total 15 in 2003; and decided against the plan to consolidate 22 BECPL libraries; Whereas:11 I out of 15 Buffalo libraries were targeted for and consolidation in 2000; and Whereas: The majority of recorded comment opposes library Whereas: Proposals for the consolidation of the City of Buffalo consolidation, as evidenced by over 2,500 signatures on library system has resumed once again; and petitions opposing library consolidation in 2003; and Whereas: Buffalo & Erie County Public Library (BECPL) Now, Therefore Be It Resolved: Board began as a Buffalo Library Board, funded and That the Common Council of the City of Buffalo opposes the administered by the City of Buffalo; which nurtured libraries consolidation of any of the 15 Buffalo libraries, which are part outside of Buffalo by giving them the advantages of being part of the BECPL system, without a full SEQRA to measure the of the larger, more established Buffalo system, through legal impact such closings would have on its communities; and contracts with that system; and Be It Further Resolved: Whereas: In 1953, the Buffalo & Erie County Public Library That this Council opposes closing of any of Buffalo's 15 system began as a county entity, and in 2003, has grown libraries, except when replacing one building with one new to 52 Library units with 24 Board of Trustees, encompassing building with clearly enhanced services, as in the case of the 36 contracting branches, with 22 contracting boards outside of new North Jefferson library to be built; and Buffalo, and 15 branches in Buffalo, with no board, and no Be It Further Resolved: contract; and That the Buffalo Common Council encourages Erie County to Whereas: The legal and binding contracts, held by the 36 provide necessary funding for such SEQRA and report all contracting libraries outside of Buffalo have the advantage of findings to the Buffalo Common Council before any having their own boards, picked by their own communities, consolidations occurs; and having their own funding from the county which they decide Be It Further Resolved: how to spend, they pick their own That the Buffalo Common Council encourages Erie County & staff and administration so that the staff will be attuned to the BECPL to work with the City of Buffalo to charter a Buffalo needs of their particular communities; and Library Board; and Whereas: The Association of Contracting Trustees (ACT) Be It Finally Resolved: further represents these 36 libraries outside of Buffalo, while Copies of this resolution be sent to the Erie County Legislature, Buffalo libraries have no such representation; and the Erie County Executive, BECPL, and the Office of Strategic Whereas: The 15 Buffalo libraries are the only branches in the Planning BECPL system without a representative board, a legal and REFERRED TO THE COMMITTEE ON LEGISLATION binding contract, the rights and funding to do as they see fit provided by such a contract, or representation in ACT, and NO. 147 are therefore underrepresented in the BECPL system; and BY: MR. FONTANA Whereas: Buffalo has, in its one city, one-third of the Erie GROUP HEALTH INSURANCE FOR MUNICIPALITIES County population concentrated within 40 square miles of Whereas: In recent news articles it has been reported that Erie densely urban landscape, while it takes 22 towns to make up County has restructured its employee health insurance plan the other two-thirds; and in a way that saves the County money; and Whereas: According to Greater Buffalo Niagara Regional Whereas: Due to the increasing cost of health care, Erie Transportation Council, forty percent of Buffalo's adults have County intends to offer other municipalities the opportunity to no access to transportation, and therefore, these populations join this plan and capitalize on the potential to save must substantially on health care costs; and walk to neighborhood libraries in order to receive library Whereas: While the City of Buffalo faces tough economic services; and challenges, it would be worthwhile to further investigate and Whereas: The lack of core services, like neighborhood research this initiative in an effort to determine if there are libraries, help cause the dismantling of livable, walkable, safe potential savings for the City; and neighborhoods, degrades services to children, seniors, and job Now, Therefore, Be It Resolved That: seekers, degrades community values, contributes to crime, This Common Council request Commissioner Leonard blight, and hopelessness; and Matarese (Human Resources) to research, and investigate the Whereas: Buffalo libraries are strategically placed to deliver specifics of this health care proposal and report back to this the best service to its citizens on major bus routes, surrounded Council on its feasibility for providing realistic cost savings to by many schools, businesses and home; and the City; and Be It Further Resolved That: That a copy of this resolution be sent to Joel Giambra, Erie (6) the Seneca Babcock Redevelopment County Executive, Leonard Matarese, Commissioner of Human Project Urban Renewal Plan will be implemented in phrases in Resources, and Donald Ingalls of Blue Cross, to indicate our order to best serve the public interest and lessen any hardships interest and intention to further research this new health care to the residents within that area; and incentive being offered to municipalities. WHEREAS: Although it is apparent upon review of the Seneca Babcock Redevelopment Project Urban Renewal Plan that no Richard A. Fontana families or individuals will be displaced, ADOPT FINAL 2 RESOLVES, THE REMAINER TO THE RESOLUTION No. 128 inadvertently failed to note this Council COMMITTEE ON LEGISLATION finding; and WHEREAS: Although this Council had approved the NO. 148 allocation of $800,000 in the Community Development Block BY: MR. FONTANA, MR. FRANCZYK AND MR. PITTS Grant budget for land acquisition costs for the Seneca SENECA BABCOCK REDEVELOPMENT PROJECT Babcock Redevelopment Area, RESOLUTION No. 128 also URBAN RENEWAL PLAN inadvertently failed to note that federal and state aid to be WHEREAS: On April 23, 2002, the City Planning provided to the City of Buffalo is necessary to enable the Board recommended to this Council that the Seneca Babcock project to be undertaken. Redevelopment Area be designated as an urban renewal area; THEREFORE, BE IT RESOLVED: and That the Common Council does hereby amend the statement WHEREAS: On June 11, 2002, this Council held a of findings in RESOLUTION No. 128 to reflect the following public hearing to consider the designation. At the conclusion of findings: the public hearing, this Council passed a resolution (1) the Seneca Babcock Redevelopment Area ("Resolution No. 107"), on its own initiative, finding that the is substandard area and tends to impair or arrest the sound Seneca Babcock Redevelopment Area was "a substandard, growth and development of the City of Buffalo; unsanitary area which tends to impair or arrest the sound (2) federal and state aid to be provided to the growth and development of the municipality, as defined in City of Buffalo is necessary to enable the project to be Subdivision 3 of Section 502, Article 15 of the New York State undertaken in accordance with the Seneca Babcock General Municipal Law, a being appropriate for urban renewal Redevelopment Project Urban Renewal Plan; treatment" and designating it as an urban renewal area.; and (3) the Seneca Babcock Redevelopment WHEREAS: RESOLUTION No. 107 directed the Project Urban Renewal Plan affords maximum opportunity to Office of Strategic Planning "to prepare an Urban Renewal private enterprise, consistent with the sound needs of the City Plan for the long term comprehensive redevelopment of the of Buffalo as a whole, for the undertaking of an urban renewal Seneca-Babcock Area, as described above, and that the draft program; Urban Renewal Plan be submitted to the Common Council for (4) the Seneca Babcock Redevelopment approval;" and Project Urban Renewal Plan conforms to a comprehensive WHEREAS: The draft Urban Renewal Plan was community plan for the development of the City of Buffalo as a completed in February of 2003 and forwarded to the City whole; Planning Board on February 19, 2003; and (5) the implementation of the Seneca WHEREAS: On April 1, 2003 agenda, this Council Babcock Redevelopment Project Urban Renewal Plan will not received the report and recommendations of the City Planning cause any relocation of families and individuals due to Board. The City Planning Board gave an unqualified approval of displacement; the Seneca Babcock Redevelopment Project Urban Renewal (6) the Seneca Babcock Redevelopment Plan; and Project Urban Renewal Plan will be implemented in phrases in WHEREAS: After conducting a public hearing on April order to best serve the public interest and lessen any hardships 15, 2003, this Council adopted by resolution ("RESOLUTION to the residents within that area; and No. 128") the Seneca Babcock Redevelopment Project Urban BE IT FURTHER RESOLVED: Renewal Plan by unanimous vote; and That the Common Council makes these findings nunc pro tunc WHEREAS: After conducting a public hearing and based upon facts known to this Council at the time upon reviewing the Seneca Babcock Redevelopment Project RESOLUTION No. 128 was adopted; and Urban Renewal Plan, this Council found that: BE IT FURTHER RESOLVED: (1) the Seneca Babcock Redevelopment Area That the Common Council reaffirms all other provisions of is substandard area and tends to impair or arrest the sound RESOLUTION No. 128. growth and development of the City of Buffalo; ADOPTED (2) federal and state aid to be provided to the No. 149 City of Buffalo is necessary to enable the project to be RESOLUTION undertaken in accordance with the Seneca Babcock By: Mrs. LoTempio Redevelopment Project Urban Renewal Plan; Re: Excuse Councilmember Gray from Council Meeting. (3) the Seneca Babcock Redevelopment Whereas: Councilmember Beverly Gray will be unable to attend Project Urban Renewal Plan affords maximum opportunity to the private enterprise, consistent with the sound needs of the City Council meeting on Tuesday, October 28, 2003, of Buffalo as a whole, for the undertaking of an urban Now, Therefore, Be It Resolved: renewal program; That the Common Council excuses Councilmember Beverly (4) the Seneca Babcock Redevelopment Gray from attending the Tuesday, October 28, 2003, Common Project Urban Renewal Plan conforms to a comprehensive Council meeting. community plan for the development of the City of Buffalo as a ADOPTED whole; (5) the implementation of the Seneca NO. 150 Babcock Redevelopment Project Urban Renewal Plan will not RESOLUTION cause any relocation of families and individuals due to displacement; BY: Mrs. LoTempio, Mr. Thompson Whereas: Officer Shields was killed and his partner was RE: Request Trailblazing Sign in Honor of Buffalo Police hospitalized after their patrol car struck a tree when avoiding Officer Charles E. "Skip" McDougald hitting another car; and Whereas: Charles E. "Skip" McDougald was a police officer Whereas: Police Officer James Shields was a single parent assigned to Precinct 12; and raising his two sons; and Whereas: On April 9, 1997, Officer McDougald and his partner Whereas: Officer Shields also enjoyed playing hockey; and were shot after approaching a suspicious person or persons Whereas: In honor of Police Officer Shields, the Fallen who may have been stripping a car and as the officers Officers Memorial Society has respectfully requested that this approached, the suspect turned and fired at them; and Honorable Body designate the section of Delaware Avenue Whereas: Officer McDougald was struck in the chest and died from Hodge Avenue to Barker Street; and a short time later at the hospital; and Now Therefore Be It Resolved: Whereas: Police Officer Charles E. "Skip" McDougald was a That the Common Council of the City of Buffalo does hereby loving husband and devoted father; and approve the Fallen Officers Memorial Society's request to Whereas: "Skip" also worked as a teacher in the Buffalo implement a trailblazing sign for the section of Delaware Public Schools; and Avenue from Hodge Avenue to Barker Street, honoring Buffalo Whereas: In honor of Police Officer McDougald, the Fallen Police Officer James Shields. Officers Memorial Society has respectfully requested that this PASSED Honorable Body AYES - 11 - NOES - 0 designate the section of Northampton Street from East Parade Avenue to Marshall Street; and NO. 153 Now Therefore Be It Resolved: BY: Mrs. LoTempio That the Common Council of the City of Buffalo does hereby Subject: Waive License and Permit Fees - Habitat for approve the Fallen Officers Memorial Society's request to Humanity implement a trailblazing sign for the section of Northampton Whereas: Habitat for Humanity has a stellar reputation as a Street from East Parade Avenue to Marshall Street, honoring not-for-profit housing organization; and Buffalo Police Officer Charles E. "Skip" McDougald. Whereas: Their volunteer work force continues to rehab older PASSED houses and build new ones; ever advancing their mission to AYES - 11 - NOES - 0 increase home ownership and property tax revenue for the city, all the while strengthening our communities; and NO. 151 Whereas: Ninety cents of every dollar Habitat for Humanity RESOLUTION spends is strictly directed to construction expenses; and BY: Mrs. LoTempio Whereas: For the calendar year 2003 Habitat for Humanity will RE: Request Trailblazing Sign in Honor of Buffalo Police complete sixteen houses and for calendar year 2004 Habitat for Officer Robert J. McLellan Humanity forecasts to rehab or build fifteen houses; and Whereas: Robert J. McLellan was a police officer assigned to Whereas: Habitat for Humanity has completed one hundred Precinct 12; and twenty houses in their eighteen years of building; and Whereas: On February 25, 1998, Officer McLellan was Whereas: As a measure of partnership and commitment, chasing a suspect with bounty hunters on the Kensington Habitat for Humanity has requested that the City waive all Expressway; and license permit fees for 20032004;and Whereas: Officer McLellan was struck and killed by a vehicle Whereas: The City of Buffalo, especially this Common while crossing the expressway during the foot chase; and Council, seeks to maintain and encourage such valuable Whereas: Police Officer Robert J. McLellan was a devoted partnerships by increasing our support to all causes father of four children; and aimed at strengthening and revitalizing our City's Whereas: Officer McLellan was an excellent mechanic who neighborhoods; worked on and restored classic cars; and Now Therefore Be It Resolved: This Common Council waives Whereas: In honor of Police Officer McLellan, the Fallen all 2003-2004 housing and construction license and permit Officers Memorial Society has respectfully requested that this fees for Habitat for Humanity of Buffalo in order to promote the Honorable Body goal of increasing home ownership. designate the Route 33 Overpass on Cherry Street (at Hickory PASSED Street); and AYES - 11 - NOES - 0 Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby NO. 154 approve the Fallen Officers Memorial Society's request to RESOLUTION implement a trailblazing sign at the Route 33 Overpass on By Mrs. Martino Cherry Street (at Hickory Street), honoring Buffalo Police SUBJECT: Appoint , Legislative Assistant Officer Robert J. McLellan. That Harold A. Egan 111, residing at 97 Melrose Street, PASSED Buffalo, New York 14220, be appointed Legislative Assistant to AYES - 11 - NOES - 0 South District Councilmember Mary M. Martino pursuant to Section 27 of the Charter effective October 27, 2003. NO. 152 ADOPTED RESOLUTION BY: Mrs. LoTempio NO. 155 RE: Request Trailblazing Sign in Honor of Buffalo Police By: Mr. Pitts and Mr. Bonifacio Officer James Shields SUBJECT: Ratification of Buffalo and Fort Erie Public Whereas: James Shields was a police officer assigned to D Bridge Authority's Proposed Final Scoping District; and Document/Alternative Screening Report Whereas: On October 30, 2002, Officer Shields died after his Whereas: The Buffalo and Fort Erie Public Bridge Authority is patrol car crashed while responding to a robbery call; and the project sponsor for a border crossing expansion project being proposed between the City of Buffalo, and the Town of Whereas: Of course wind turbines would need to be integrated Fort Erie (the "Project"); and carefully into any development to meet aesthetic, public safety Whereas: The City of Buffalo and the Buffalo and Fort Erie and environmental concerns, and a rigorous environmental Public Bridge Authority entered into a Memorandum of review of any project on this parcel will allow public input on Agreement (the "Agreement") dated January 29'h, 2003 setting these concerns; and forth certain procedures to be followed in the preparation and Whereas: Wind energy holds great potential for the City of review of an Environmental Impact Statement under the Buffalo because of our strong winds and an unusual Bi-national Integrated Environmental Review Process being abundance of open urban land; and conducted for the Project; and Whereas: Wind energy is the most rapidly growing source of VVhereas : under the Agreement the City of Buffalo is to review energy worldwide, and Buffalo can take a step to rebrand itself, and ratify the progress of the Project at three critical milestones from a rust belt city to a city with vision and the ability to which are : embrace the future, by rapidly developing this clean and 1) Completion of the Final Scoping Document/Alternative renewable source of energy; Screening Report; and Now, Therefore, Be It Resolved That: 2) Completion of the Draft Environmental Impact Statement; This Common Council directs City representatives involved in and the RFP process to include wind development as a strong 3) Completion of the pre-Final Environmental Impact component of the RFP for the redevelopment of the Outer Statement; and Harbor between the Pier Restaurant and the Bell Slip; and Whereas: the Buffalo and Fort Erie Public Bridge Authority has Be It Further Resolved That: submitted a proposed Final Scoping Document/Alternative This Common Council requests that the RFP be circulated Screening Report for review for ratification by the City of widely among wind energy development and component Buffalo; manufacturing firms; and Now Therefore Be It Resolved: Be It Further Resolved That: That the Common Council hereby authorize and direct the City The City Clerk be directed to send certified copies of this Clerk to schedule a public hearing to review the proposed Final resolution to Mayor Anthony M. Masiello, Timothy E. Scoping Document/Alternative Screening Report for the Buffalo Wanamaker, Executive Director of the Office of Strategic and Fort Erie Public Bridge Authority's border crossing Planning, County Executive Joel A. Giambra, ECIDA Executive expansion project; and Director Charles Webb, Erie County Commissioner of Be It Further Resolved: Environment and Planning Laurence K. Rubin, Lawrence That upon the close of the public hearing on this matter, the Meckler, Executive Director of the NFTA, and Robert E. Knoer, City of Buffalo vote to ratify the proposed Final Scoping Chair of the Wind Action Group. Doctigient/Alternative Screening Report. ADOPTED REFERRED TO THE SPECIAL COMMITTEE ON BI- NATIONAL BRIDGE NO. 157 MR PITTS SET HEARING ON THURSDAY IN BI-NATIONAL RESOLUTION By: Mr. Pitts NO. 156 Re: Excuse Councilmember LoTempio from Council RESOLUTION Meeting. By: Mr. Pitts Whereas: Councilmember Rosemarie LoTempio will be unable Re: Include Wind Energy Development in the Request for to attend the Council meeting on Tuesday, October 28, 2003, Proposals for the Outer Harbor Waterfront Property Now, Therefore, Be It Resolved: Whereas: The Outer Harbor land between the Bell Slip and the That the Common Council excuses Councilmember Rosemarie Pier Restaurant holds enormous potential; it is the biggest LoTempio from attending the Tuesday, October 28, 2003, missing piece in the Buffalo waterfront puzzle; and Common Council meeting. Whereas: This piece of land must be redeveloped carefully, ADOPTED and in a manner that blends with the NY State Park that is developing to its South and the Times Beach Nature Preserve NO. 158 that is developing to its North; and BY ANTOINE M. THOMPSON Whereas: After the recent abandonment of a proposal for a Appointments giant entertainment complex on this land, the County, City, and Commissioner of Deeds NFTA have announced plans to market it through a Request That the following persons are hereby appointed as for Proposals (RFP) process; and Commissioner of Deeds for the term ending December 31, Whereas: This land is a prime prospect for wind energy 2004, conditional, upon the person so appointed certifying development, as strong prevailing winds blow unfettered across under oath to their qualifications and filing same with the City the expanse of Lake Erie and hit land with full force along this Clerk: stretch of the waterfront; and RP Elaine Anderson Eileen O'Niell Whereas: In 2001, BURA and the Council President Anthony Pezzino commissioned a study from the UB Masters of Urban Planning Total: 3 Program titled "Wind Energy Initiatives for Greater Buffalo"; ADOPTED and Whereas: Among other wind developments near the waterfront, NO. 159 this study proposed five wind turbines on this land along a BY: ANTOINE M. THOMPSON "Windway" public access trail; also proposed is a Green Appointments Business Park designed to attract windmill component Commissioners of Deeds manufacturers and other clean, high-tech businesses; and Required for the Proper Whereas: While this is just one of many concepts for this land, Performance of Public Duties it is an attractive one, and developers should be encouraged to That the following persons are hereby appointed as consider including wind development as part of their RFP Commissioner of Deeds for The term ending December 31, responses; and 2004, conditional upon the persons so appointed certifying No. 2 under oath to their qualifications and filing same with the City I transmit herewith the Pension Payroll for the Police Carlo Fatta Jr Mark Leffler Pension Fund for the months of October 2003 Harold Eagan amounting to $10,306.00 and request that checks be Total 3 drawn to the order of the persons named herein for ADOPTED the amounts stated. Adopted. Ayes-3. Noes-0. UNFINISHED BUSINESS No. 3 NO. 160 The following annuitant was cancelled from the Alternative to the Mayor's Revised Plan-Fire Dept Police Pension Payroll: (#144,10/14/03) Florence Lutzmann Died September 12, 2003 (#8,10/16/03) Received and Filed. Mr. Fontana now moved that the above item be taken from the No. 4 table. On motion by Mr. Masiello, the City of Buffalo Police Seconded by Mr. Davis and Fire Pension Board Meeting adjourned at 11: 10 CARRIED. Mr. Fontana now moved that the above item be received and a.m. filed Seconded by Mr. Davis ADOPTED NO. 161 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wed, November 5, 2003 at 9:30 A.M. Committee on Finance Wed, November 5, 2003 at 10:00 A.M. following Civil Service Committee on Legislation Wed, November 5, 2003 at 2:00 P.M. Committee on Comm. Dev. Thur, November 6, 2003 at 10:00 A.M. Committee on Education Thur, November 6, 2003 at 2:00 P.M. Special Committees Police Reorganization Wed, October 29, 2003 at 10:00 A.M. in Room 1417 City Hall. Bi-National Bridge Thur, October 30, 2003 at 2:00 P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 162 ADJOURNMENT On a motion be Mr Fontana, Seconded by Mr Davis the Council adjourned at 3:58 pm Board of Police and Fire Pension Proceedings #9 Office of the Mayor-201 City Hall October 23, 2003 Present:; Anthony M. Masiello, Mayor; Andrew SanFilippo, Deputy Comptroller, Michael Risman, Corporation Counsel-3 Absent: James W. Pitts, Council President-I The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of October 2003 amounting to $10,750.24 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0.