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Home My WebLink About03-1014 No.19 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 14, 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 In order to analyze the calls, they were compared to service calls for the last six (I months and the service calls from COMMON COUNCIL September 2002 (attached). CITY HALL - BUFFALO In comparing the two Septembers, total number of calls were TUESDAY, OCT. 14, 2003 almost identical, 119 (2002) to 2, 112 (2003). AT 2:00 P.M. A comparison to last month (August'03), calls were down nearly 23%, 2, 737 to 2,112. PRESENT - James W. Pitts President of the Council, Significant decreases in calls occurred in housing violations, and and Council Members Bonifacio, Brown, Coppola, 662 to 451, garbage complaints, 473 to 379, and in all three Ellington, Fisher, Fontana, Golombek Grant, Martino, garbage tote categories. Most of the other reported Pitts, and Williams - 11. categories also had decreases in service calls, with the exception of rodent cal (37 to 46) and abandoned cars (30 to ABSENT – Gray and LoTempio - 2 42). Also, I deleted the high grass category which had only three On a motion by Mr. Fontana, seconded by (3) calls, down from in August and replaced it with a Mr.Bonifacio, the minutes of the stated meeting held on category call "infrastructure"'. Infrastructure covers variety of Sept. 30, 2003 were approved. service calls from water and sewer calls to curbs, sidewalks, street repaving and traffic signals. This combination of FROM THE MAYOR categories produced 147 calls in September and t combining those categories, the misc. category significantly was NO. 1 reduced. APPOINTMENT AND RE-APPOINTMENT Overall, especially when compared to September 2002, OF MEMBERS TO THE BUFFALO BOARD OF ETHICS service calls remain consistent for the reporting period and Pursuant to the powers vested in me by Section 12-19, no new trends or peaks in category calls were recorded. Article 11, Chapter 12 of the Buffalo Code, I hereby appoint As always, I hope that you find this information to be helpful. Sylvester Harold, residing at 13 McCarthy Drive, Buffalo, RECEIVED AND FILED New York 14211, as a member of the Board of Ethics for a term expiring September 4, 2006. Mr. Harold is filling the FROM THE BOARD OF PARKING unexpired term of Charles 1. Price, who has resigned. Sylvester Harold 13 McCarthy Drive NO. 4 Buffalo, 14211 BUFFALO GENERAL, GATES CIRCLE AND JOHN C. Mr. Harold has been employed by Niagara Mohawk since GALLAGHER 1983 and is currently a Supervisor for its' Division of ITEM NO 74C.C.P. 9/30/03 Construction & Maintenance. He previously served in the The existing management concessions for the three above Veteran's Office at both the State University College at mentioned ramps is set to expire. The Board of Parking Buffalo and Erie Community College. Mr. Harold served as a advertised for new bids on August 25, 2003 and held a Lance Corporal in the U.S. Marine Corp from 1975-1977. public bid opening at 11:00 am on September 25, 2003 in Mr. Harold received his M.B.A. in Marketing from Canisius 1801 City Hall. College and his B.S. in Business Studies from the State The Bids are under review by the Board of Parking, which University College at Buffalo. will meet on October 29,2003. The Board of Parking will Re-Appointment- make a recommendation at that time and will report its Eleanor Paterson, Ph.D. 530 Norwood Avenue Buffalo, findings to the Common Council. All interested parties have 14222 been invited to this meeting. I hereby re-appoint Dr. Eleanor Paterson residing at 530 REFERRED TO THE COMMITTEE ON FINANCE Norwood Avenue, Buffalo, NY 14222 as a member of the Board of Ethics for a term expiring September 4, 2008. FROM THE CITY PLANNING BOARD I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Board of Ethics. NO. 5 REFERRED TO THE COMMITTEE ON LEGISLATION, THE WINTER SIGNS DIVISION OF COLLECTIONS AND THE CORPORATION 415 FRANKLIN ST. COUNSEL ACCESSORY GROUND SIGN ITEM NO. 77, C.C.P. 9/30/2003 NO. 2 The City Planning Board at its regular meeting held COB REVISED FOUR YEAR FINANCIAL PLAN-OCT. 1, Tuesday, October 7 2003, considered the matter captioned 2003 above pursuant to Section 387-19 of the Buffalo Code, REVISED FOUR YEAR FINANCIAL PLAN Application for billboard, ground or pole sign permits. REFERRED TO THE COMMITTEE OF THE WHOLE The applicant seeks to erect a 3211x4811x5411 ground "ID" sign at 415 Franklin Street. The property is located within a FROM THE MAYOR - EXECUTIVE DEPARTMENT Historic Preservation district and the Preservation Board has FROM THE OFFICE OF CITIZEN SERVICES granted their approval of the proposed sign. Under SEQR the proposed sign is considered an unlisted action which NO. 3 may be studied through uncoordinated review. MONTHLY REPORT FROM THE DIVISION The Planning Board voted to recommend approval of the OF CITIZEN SERVICES - (MAYOR'S HELP proposed accessory sign. LINE - SEPTEMBER 2003) RECEIVED AND FILED Dear Members of the Buffalo Common Council: Attached for your review is the monthly activity report for NO. 6 September 2003, from the Division of Citizen Services, DELAWARE ACQUISITION, INC. listing requests for city services. 2141 DELAWARE AVE. ACCESSORY GROUND SIGN ITEM NO. 76, C.C.P. 9/16/2003 The Planning Board voted to receive and file the sidewalk The City Planning Board at its regular meeting held caf6 application after the applicant failed to attend any Tuesday, September 23, 2003, considered the matter Planning Board meetings. captioned above pursuant to Section 387-19 of the Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 15Fx5'x101 ground 11ID11 NO. 10 sign at 2141 Delaware Avenue. Under SEQR the proposed NFTA-BUS SHELTERS sign is considered an unlisted action which may be studied W. DELAVAN, E. DELAVAN, BAILEY, through uncoordinated review. COURT ST & NIAGARA SQ. The Planning Board voted to recommend approval of the VARIOUS ENCROACHMENTS proposed accessory sign conditioned on the dimensions of ITEM NO. 24, C.C.P. 9/16/2003 101x5lx101 and the movement of the sign further south on The City Planning Board at its regular meeting held the property. Tuesday, September 23, 2003, considered the matter RECEIVED AND FILED captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment Regulations. NO. 7 The applicant seeks to encroach the right-of-way with bus BENDERSON DEVELOPMENT shelters to be located at the corners of W. Delavan & 2677 DELAWARE AVE. Niagara, E. Delavan & Grider, Bailey & Broadway, Court & ACCESSORY GROUND SIGN Franklin and Court and Niagara Square. ITEM NO. 75, C.C.P. 9/16/2003 The Planning Board voted to approve the bus shelter he City Planning Board at its regular meeting held encroachments. Tuesday, September 23, 2003, considered the matter REFERRED TO THE COMMITTEE ON LEGISLATION captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. FROM THE OFFICE OF STRATEGIC PLANNING The applicant seeks to erect a 10lx4lx9'9" multi-tenant ground "ID" sign at 2677 Delaware Avenue. Under SEQR NO. 11 the proposed sign is considered an unlisted action which CITY OF BUFFALO HOUSING PROGRAM CONTRACTS may be studied through uncoordinated review. Your Honorable Body has requested a list of all The Planning Board voted to recommend approval of the contractors who have worked with or for the City of Buffalo proposed accessory sign. Housing Programs in the past five years. Attached please RECEIVED AND FILED find a list of contractors involved in the following City of Buffalo Home Owner Assistance Programs: Low Income NO. 8 Loan Program Principle Deferred Program Very Low SAL’S PIZZERIA Income Deferred Program Emergency Assistance Program 3173 MAIN ST. REFERRED TO THE COMMITTEE ON COMMUNITY SIDEWALK CAFE DEVELOPMENT ITEM NO. 49, C.C.P. 7/22/2003 The City Planning Board at its regular meeting held NO. 12 Tuesday, October 7, 2003, considered the matter captioned RESCIND AUCTION SALE AND FORFEIT DEPOSIT above pursuant to Section 413-59 of the Buffalo Code, 2340 FILLMORE, 128 GITTERE, 197 LATHROP & 135 Sidewalk cafes. STANISLAUS The applicant seeks to install a 6.51x201 sidewalk cafe in On January 30, 2003 the Office of Strategic Planning, front of the business located at 3173 . The Main StreetDivision of Real Estate held a Public Auction through CASH applicant originally indicated the caf6 would be located Realty Auctioneers. Mr. David Bourne of 49 Saint Mark entirely on private property. After a secondary review by the Drive, Rochester, New York 14606 was the highest bidder in Department of Public Works a determination was made that reference to the following properties: 10% Buyers the caf6 would encroach the City right-of-way. Under SEQR Property Address Highest Bid Premium Total Price Deposit the proposed sidewalk cafe is considered an unlisted action Submitted which may be studied through uncoordinated review. 136 Cottage $23,000.00$2,300.00 $25,300.00 $4,600.00 The Planning Board voted to receive and file the sidewalk 2340 Fillmore $ 4,600.00 $ 460.00$ 5,060.00 $ 920.00 caf6 application after the applicant failed to attend any 128 Gittere $ 500.00 $ 50.00 $ 550.00 $ 100.00 additional Planning Board meetings to explain the caf`6 197 Lathrop $16,000.00 $1,600.00 $17,600.0 $3,200.00 encroachment. 135 Stanislaus $ 2,300.00 $ 230.00 $ 2,530.00 $ 460.00 REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Bourne failed to comply with the terms of the sale. He has since filed a claim with the City of Buffalo seeking return NO. 9 of his deposits. The Corporation Council's Office conducted MR. H'S CELEBRITIES an examination under oath of David Bourne in connection 2179 NIAGARA ST. with the Notice of Claim that he filed with reference to SIDEWALK CAFE seeking return of his deposits. Based on their findings they ITEM NO. 50, C.C.P. 7/22/2003 have advised the Division of Real Estate to submit a The City Planning Board at its regular meeting held communication to Your Honorable Body requesting to Tuesday, October 7, 2003, considered the matter captioned rescind the above referenced sales. They have further above pursuant to Section 413-59 of the Buffalo Code, indicated that under the terms of sale the City is entitled to Sidewalk cafes. keep the deposits without any further obligation to Mr. The applicant seeks to install a 71x501 sidewalk cafe that Bourne. will encroach the right-of-way in front of the business located Therefore, we are recommending that the Common Council at 2179 Main Street. Under SEQR the proposed sidewalk approves to rescind the sale of 136 Cottage, 2340 Fillmore, cafe is considered an unlisted action which may be studied 128 Gittere, 197 Lathrop & 135 Stanislaus return the through uncoordinated review. properties to our inventory for resale and that Mr. Bourne forfeits his deposits listed above. REFERRED TO THE COMMITTEE ON FINANCE Common Council as the Lead Agency. As a result of the initial project review, it has been determined that the NO. 13 proposed project is not subject to the Environmental Quality RESPONSE - PURCHASE PROPERTY Review ACT (ECL-8-0113). The proposed action has been ADJACENT TO SCHOOL # 3 determined to be an Action Listed Locally as Type II ITEM #74, C.C.P. SEPTEMBER 16, 2003 Please be advised that Donald Grzebielucha works for the The above has been forwarded to this office for a Dept. of Permits and Inspections and Pamela Grzebielucha response. works the Office of Strategic Planning. They have complied The item is a memo from the Principal of School # 3, Mrs. with all requirements to acquire this strip of land. Evelyn Pizarro, to Mr. Mel Alston, Buffalo Board of Education I am recommending that Your Honorable Body approve the advising that these parcels of property next to School # 3 are abandonment and sale of a portion (20 x 150) of the Paper available (561, 563 and 567 Seventh Street). The parcel at Street, South Pierece, in the amount of Seven Hundred 563 Seventh is owned by the City of Buffalo. Eighty Dollars ($780.00) and adopt the Initial Review of The City of Buffalo, at the request of the Buffalo School SEQR Applicability. I am further recommending that the Board, acquires properties needed for school purposes. Corporation Counsel prepare the necessary documents for The Office of Strategic Planning, Division of Real Estate, will the transfer of title and the Mayor be authorized to execute assist with the acquisition of the privately owned properties the same. at 561 and 567 Seventh Street, if the Board of Education REFERRED TO THE COMMITTEE ON FINANCE and the Common Council authorize such action. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM NO. 14 1568 JEFFERSON (CITY OWNED-VACANT LOT, 23'X SALE,OF PORTION OF THE SOUTH PIERCE 125') 20 X 150 Prior Council Reference: (if Any) ITEM NO. 62, C.C.P. 1/7/03 The Office of Strategic Planning has surveyed the Pursuant to Item No. 62, C.C.P. 1/7/03 Your Honorable city-owned vacant lot at 1568 Jefferson Avenue, Buffalo, Body approved the abandonment and sale of South Pierce New York 14208, parcel is 23' x 125' in dimension; and it has (50 x 275). The results of our negations were submitted to been determined this parcel is inappropriate for either the Your Honorable Body Item No. 8, C.C.P. 4/1/03 but was construction of new housing or needed for public purposes. received and filed by Your Honorable Body Item No. 156, Ms. Alfreda Taylor residing at 1570 Jefferson Avenue, C.C.P. 7/22/03, due to concerns over public access to the Buffalo, New York 14208 has indicated she will clean, Buffalo River. improve and maintain the lot in the event she obtains title to Donald and Pamela Grzebielucha have now requested to the property under the Urban Homestead Program. purchase a much smaller portion 20'x 150'of the 50'x 275' The Division of Permit and Inspection Services and the parcel. They have constructed a new home with no subsidy Division of Collections have been contacted. There are no and would like to keep this area maintained and for security property code violations, taxes or other liens owed to the purposes. They have planted grass on a portion of this land City of Buffalo by the homesteader. and have been maintaining it. We, therefore, recommend the city-owned vacant lot to be The property would be sold subject to the permanent designated as a Homestead Property and be transferred to easements of record and that no permanent structures be Ms. Alfreda Taylor on the condition the property is cleaned built on or over the easements. The City would still retain and improved within (6) months and maintained in a sanitary over 200' of land from the water in order to satisfy the 100' manner. setback requirement along the Buffalo Creek and 30' of REFERRED TO THE COMMITTEE ON COMMUNITY frontage for ingress and egress. Lastly, that the official DEVELOPMENT closing, the abandonment of a portion of the Paper Street (South Pierce) does not become effective until the deed NO. 16 conveying the property is filed in the Erie County Clerk's TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM Office. 94 KILHOFFER (CITY OWNED-VACANT LOT, 30' X An independent appraisal of the property was conducted by 108') Nathaniel Benston of R.W. Bronstein Appraisal Corp. The Prior Council Reference: (if Any) appraiser estimated the value of the entire property (50'x The Office of Strategic Planning has surveyed the 275) to be Three Thousand Five Hundred Dollars city-owned vacant lot at 94 Kilhoffer Street, Buffalo, New ($3,500.00). The appraisal report has been reviewed by the York 14211, parcel is 30' x 108' in dimension; and it has Appraisal Review Board. The Appraisal Review Board was been determined this parcel is inappropriate for either the in agreement with the Appraiser's estimate of value and construction of new housing or needed for public purposes. recommended a sale price of Three Thousand Five Hundred Mr. Stevie Edwards residing at 98 Kilhoffer Street, Buffalo, Dollars ($3,500.00) for the 50 x 275 strip of land. The sale New York 14211 has indicated he will clean, improve and price has been adjusted to reflect the portion to be sold. maintain the lot in the event he obtain title to the property Based on the appraisal submitted the sale price would be under the Urban Homestead Program. Seven Hundred Eighty Dollars ($780.00) or Twenty-Five The Division of Permit and Inspection Services and the Cents (.25) per square foot for a portion 20' x 150'. Division of Collections have been contacted. There are no Donald and Pamela Grzebielucha have agreed and are property code violations, taxes or other liens owed to the prepared to pay Seven Hundred Eighty Dollars ($780) for a City of Buffalo by the homesteader. 20 x 150 portion of South Pierce. They have also agreed to We, therefore, recommend the city-owned vacant lot to be pay for the cost of the appraisal, transfer tax and recording designated as a Homestead Property and be transferred to fees. Mr. Stevie Edwards on the condition the property is cleaned I am also, attached to this communication the Part I of the and improved within (6) months and maintained in a sanitary SEQR Project Information form, which was prepared by the manner. project sponsors and Internal Review of SEQR Applicability REFERRED TO THE COMMITTEE ON COMMUNITY prepared by the Office of Strategic Planning on behalf of the DEVELOPMENT We, therefore, recommend the city-owned vacant lot to be NO. 17 designated as a Homestead Property and be transferred to TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM Ms. Alicia M. Banner on the condition the property is cleaned 143 KRETTNER (CITY OWNED-VACANT LOT, 30' X and improved within (6) months and maintained in a sanitary 105') manner. Prior Council Reference: (If Any) REFERRED TO THE COMMITTEE ON COMMUNITY The Office of Strategic Planning has surveyed the DEVELOPMENT city-owned vacant lot at 143 Krettner Street, Buffalo, New York 14206, parcel is 30' x 105' in dimension; and it has NO. 20 been determined this parcel is inappropriate for either the TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM construction of new housing or needed for public purposes. 112 WOOD (CITY OWNED-VACANT LOT, 30'X 105') Ms. Sallie Riddle residing at 145 Krettner Street, Buffalo, Prior Council Reference: (if Any) New York 14206 has indicated she will clean, improve and The Office of Strategic Planning has surveyed the maintain the lot in the event she obtains title to the property city-owned vacant lot at 112 Wood Avenue, Buffalo, New under the Urban Homestead Program. York 14211, parcel is 30'x 105' in dimension; and it has been The Division of Permit and Inspection Services and the determined this parcel is inappropriate for either the Division of Collections have been contacted. There are no construction of new housing or needed for public purposes. property code violations, taxes or other liens owed to the Mr. Shy Ali residing at 110 Wood Avenue, Buffalo, New York City of Buffalo by the homesteader. 14211 has indicated he will clean, improve and maintain the We, therefore, recommend the city-owned vacant lot to be lot in the event he obtains title to the property under the designated as a Homestead Property and be transferred to Urban Homestead Program. Ms. Sallie Riddle on the condition the property is cleaned The Division of Permit and Inspection Services and the and 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 REFERRED TO THE COMMITTEE ON COMMUNITY City of Buffalo by the homesteader. DEVELOPMENT We, therefore, recommend the city-owned vacant lot to be designated as a Homestead Property and be transferred to NO. 18 Mr. Shy Ali on the condition the property is cleaned and TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM improved within (6) months and maintained in a sanitary 381 MAY (CITY OWNED-VACANT LOT, 30' X 112') manner. Prior Council Reference: (If Any) REFERRED TO THE COMMITTEE ON COMMUNITY The Office of Strategic Planning has surveyed the DEVELOPMENT city-owned vacant lot at 381 May Street, Buffalo, New York 14211, parcel is 30' x 112' in dimension; and it has been NO. 21 determined this parcel is inappropriate for either the UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK construction of new housing or needed for public purposes. POWER Ms. Bonnie L. Mann residing at 383 May Street, Buffalo, CORPORATION FOR USE OF 175 CARLTON - SCHOOL New York 14211 has indicated she will clean, improve and NO. 37 maintain the lot in the event she obtains title to the property The Office of Strategic Planning, Division of Real Estate, under the Urban Homestead Program. has received a memorandum from the Buffalo Board of The Division of Permit and Inspection Services and the Education requesting an easement agreement for Niagara Division of Collections have been contacted. There are no Mohawk Power Corporation to use city owned property property code violations, taxes or other liens owed to the located at 175 Carlton Street - School No. 37. They are City of Buffalo by the homesteader. requesting a utility easement for property as described in the We, therefore, recommend the city-owned vacant lot to be attached proposed easement "Exhibit A". designated as a Homestead Property and be transferred to Niagara Mohawk has indicated that this easement is Ms. Bonnie L. Mann on the condition the property is cleaned necessary for a school upgrade project. and improved within (6) months and maintained in a sanitary This office has contacted the Department of Public Works, manner. Parks & Streets they have indicated that they have no REFERRED TO THE COMMITTEE ON COMMUNITY objections and/or conditions in reference to the attached DEVELOPMENT proposed easement. I am, therefore, recommending that Your Honorable Body NO. 19 approve this easement agreement, that the Law Department TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM review said agreement for their approval as to form and 277 STRAUSS (CITY OWNED-VACANT LOT, 30'X authorize the Mayor to execute the same. 127') REFERRED TO THE COMMITTEE ON FINANCE Prior Council Reference: (If Any) The Office of Strategic Planning has surveyed the FROM THE COMPTROLLER city-owned vacant lot at 277 Strauss Street, Buffalo, New York 14211, parcel is 30' x 127' in dimension; and it has NO. 22 been determined this parcel is inappropriate for either the DIVISION OF PARKING ENFORCEMENT construction of new housing or needed for public purposes. AUDIT OBJECTIVES Ms. Alicia M. Banner residing at 275 Strauss Street, Buffalo, Our objective in testing the internal control in Parking New York 14211 has indicated she will clean, improve and Enforcement and Towing Operations is to satisfy ourselves maintain the lot in the event she obtains title to the property as to the fairness of the recorded revenue derived from the under the Urban Homestead Program. collection of parking fines and penalties. This is meant to The Division of Permit and Inspection Services and the include the propriety and validity of the fines and penalties Division of Collections have been contacted. There are no charged and their proper recording in the applicable property code violations, taxes or other liens owed to the City accounts. City of Buffalo by the homesteader. AUDIT FINDINGS *Parking Enforcement revenue constituted $18 of the S27 appropriated for any other purpose. The details of the million in total revenues and $3 of the $9 million in direct requirements are set forth below: expenditures during the period. The cash receipts from the To: DPE system reconciled to the Treasury system and, and the 12000006 - 432003 - Police - Legal Services $40,000 combination of these controls and those In Treasury (recent Dated: Buffalo, NY, October 9, 2003 audit results) revealed Sound internal controls. *Paid Parking RECEIVED AND FILED summons rose to $4.8 million or 8% over the prior year, but 2.9% over the same revenue in a three-year period. There NO. 24 were over 203,000 tickets issued in the year and 39% were CERTIFICATE OF NECESSITY paid when issued an additional 38% after the first penalty. INCREASED APPROPRIATION There was a 95% collection rate over the span of the entire PUBLIC WORKS process through suspension and hearing. There was WATER $528,000 in charges forgiven during the period by We, Anthony M. Masiello, Mayor and Andrew A. administrative and hearing officers. *Based on fiscal 2002-03 SanFilippo, Deputy Comptroller, do hereby certify, statistics, it appears that approximately five (51) percent of pursuant to §20-11 of the Charter, that an increase in the the total parking tags issued go uncollected for the same sum of $22,000 in the estimate for the fiscal year fiscal period ($8 million Outstanding); therefore, we can beginning July 1, 2003 is necessary in Appropriation surmise that $6 million are prior to fiscal 21002-03 and will Allotments for Water, to meet a contingency which be difficult, if not impossible, to collect upon could not have been reasonably foreseen when the *An analysis of the Towing and Storage Operations for the budget was adopted. The amount of increased past four fiscal years showed an average of'4,925 vehicles appropriation will be met from an increase of $22,000 in towed and this is within 0.5% of the 4,849 vehicles towed in Enterprise Water - Transfer from Water Board not 2002-2003. otherwise Appropriated for any other purpose. The AUDIT RECOMMENDATIONS details of the requirements are set forth below: *Closely monitor the on-line credit card payments and To: reconcile the monthly totals with the "Sure Pay Manager- 53003607 - 474200 Water - Capital Outlay - Vehicles query reports. *All data entry effecting the reduction of fines $22,00 and penalties by Judicial hearing dispositions and/or Dated: Buffalo, NY, October 9, 2003 administrative clears is verified on a daily basis by an RECEIVED AND FILED employee separate of the PVB Hearing section *Consider the use of the "hand-held" ticket writers by authorized NO. 25 outside agencies to achieve the optimum advantages that CERTIFICATE OF NECESSITY these state of the art devices provide in speed, accuracy, TRANSFER OF FUNDS etc. and further reduce the need and reliance on printed RESERVE FOR PLANNING CAPITAL PROJECTS tickets. *Holding periodic auctions of vehicles in "Running" CAPITAL PROJECTS condition to draw more public interest and result in increased We, Anthony M. Masiello, Mayor and Andrew A. revenues *Consider an increase in the opening, hid amount SanFilippo, Deputy Comptroller, do hereby certify, by a minimum of (5) percent each fiscal year in order to pursuant to §20-12 of the Charter, that it is necessary that increase auction revenues. *Perform periodic inventories of the sum of $520,000 be transferred and reappropriated. from impounded vehicles on hand and reconcile the physical the Planning for Capital Projects account, as set forth below: Counts to the computerized data base file of towed vehicles From: 30000106 – 445 100 *Transfer the Unclaimed auction net proceeds older than the Planning for Capital Projects $520,000 one (1) year holding period on a quarterly basis to provide To: 31460006-445 100 more timely deposits to the City's operating fund Consider Tifft Street Greenway $50,000 possible uses For the monies held in trust for the training 3165 5 806-445 100 needs in the area of for example "Disability Awareness." Continuing GIS Development $50,000 Consider the feasibility of proposing an amnesty program for 31751406-445 100 giving unpaid penalties in order to at least collect the original Ferry Street Lift Bridge $75,000 fines for unpaid parking tickets previously uncollected 31470006-445 100 through all other methods i.e. collection agencies, Grider Street Reconstruction $100,000 "judgments, etc. 3145 0006-445 100 REFERRED TO THE COMMITTEE ON FINANCE AND THE North Buffalo Rails to Trails $50,000 COMMISSIONER OF ADMINISTRATION AND FINANCE Trafflc Signal Improvements: AND THE CORPORATION COUNSEL 31959906445 100 Bailey Avenue $40,000 NO. 23 31960106-445 100 CERTIFICATE OF NECESSITY Elmwood/Chippewa $40,000 INCREASED APPROPRIATION 31960206-445 100 DEPARTMENT OF POLICE Amherst Street $40,000 We, Anthony M. Masiello, Mayor and Andrew A. 31960306-445100 SanFilippo, Deputy Comptroller, do hereby certify pursuant Genesee Street $40,000 to §20-11 of the Charter, that an increase in the sum of 31960406-445 100 $40,000 in the estimate for the fiscal year beginning July 1, Buffalo City Wide $35,000 2003 is necessary in Appropriation Allotments for the TOTAL $520,000 Department of Police - Legal Services, to meet a RECEIVED AND FILED contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased NO. 26 appropriations will be met from an increase of $40,000 in the CERTIFICATE OF NECESSITY General City Revenue account Org & Obj # 10200030 - TRANSFER OF FUNDS 364000 - Deposit of Unclaimed Property not otherwise COMMON COUNCIL - LEGISLATIVE We, Anthony M. Masiello, Mayor and Andrew A. properties, so no refund would be necessary. The 2002-03 SanFilippo, Deputy Comptroller, do hereby certify, proceeding would be discontinued. The 2003-04 City taxes pursuant to §20-12 of the Charter, that it is necessary that would be reduced by a total of $2,093.78. the sum of $5,000 be transferred and reappropriated within Based on a review of the current market value of the Common Council Legislative, as set forth below: property, I feel this settlement would be in the best interest of From: the City. I recommend this settlement, in which the 10103001 - 415001 Auto Allowance $2,000 Department of Law concurs. 10 103001 - 411001 Salaries -Regular $3,000 The proposed settlement is subject to approval by Your To: Honorable Body. I therefore request that the Corporation 10 102001 - 412 002 Hourly S alary $5,000 Counsel be authorized to settle the 2002-03 and 2003-04 Dated: Buffalo, NY, October 14, 2003 certiorari proceedings on 3 Beacon, 88 Beacon, 90 Beacon, RECEIVED AND FILED 8 Bell, 178 Germania, 180 Germania, 265 Germania and 265 Mystic, by reducing the 2003-04 assessment from a FROM THE COMMISSIONER OF ASSESSMENT AND total of $399,500 to a total of $343,300. TAXATION Mr. Fontana moved: NO. 27 That the Corporation Counsel be and hereby is authorized to CERTIORARI PROCEEDINGS settle the 2002-03 and 2003-04 certiorari proceedings on 3 A. ALEXANDER DRAPANAS Beacon, 88 Beacon, 90 Beacon, 8 Bell, 178 Germania, 180 279 LINWOOD AVENUE Germania, 265 Mystic by reducing the 2003-04 assessment This is to advise that the owner, A. Alexander Drapanas, from a total of $399,500 to a total of $343,300. instituted certiorari proceedings on 279 Linwood Avenue, PASSED Buffalo, New York, regarding the assessments for fiscal AYES- 11 NOES-0 years 2001-02, 2002-03 and 2003-04. The assessments were reviewed by the Department and the owner expressed AMENDED a willingness to settle the proceedings. NO. 29 The final assessment for 279 Linwood Avenue was CERTIFICATE OF APPOINTMENT $182,200 for each year. The owner is agreeable to a Appointment Effective September 16, 2003 in the settlement, which would result in a reduction to $110,000 for Department of Assessment and Taxation to the Position of the 2001-02, 2002-03 and 2003-04 tax years on 279 Associate Tax Clerk Linwood Avenue. The taxpayer would be entitled to a refund PERMANENT APPOINTMENT at the fifth step Starting of $1,375.06 for the 2002-03 year and $752.79 for the first Salary of $35,063 half of the 2003-04 tax year. The 2003-04 taxes would be Carmen E. Bryant, 393 Hermann St., Buffalo, NY 14211 reduced from $3,470.00 to $2,094.94. Additionally, the REFERRED TO THE COMMITTEE ON CIVIL SERVICE owner will discontinue the 2001-02 proceeding without change and waive interest on the refunds for 2002-03 and FROM THE COMMISSIONER OF MANAGEMENT 2003-04. INFORMATION SYSTEMS Based on a review of the current market value of the property, I feel this settlement would be in the best interest of NO. 30 the City. I recommend this settlement, in which the APPROVAL FOR INITIATING RFP Department of Law concurs. The proposed settlement is subject to approval by Your M.I.S. would like to send out an RFP to area businesses to Honorable Body. I therefore request that the Corporation advertise on City's Web site or sponsor various pages on our Counsel be authorized to settle the 2001-02, 2002-03 and web site. This will generate additional revenue for the city. 2003-04 certiorari proceedings on 279 Linwood Avenue by The RFP will be to solicit offers from businesses for placing reducing the 2002-03 and 2003-04 assessment from their sponsorship banner on various sections (Home page, $182,200 to $110,000. paying parking tickets on line, applying for permits on line Mr. Fontana Moved: etc.). Highest offer will be chosen for each section. That the Corporation Counsel be and hereby is authorized Sponsorship will be for one year. to settle the 2001-02, 2002-03 and 2003-04 certiorari REFERRED TO THE COMMITTEE ON FINANCE, THE proceeding on 279 Linwood Ave be reducing the 2002-03 CORPORATION COUNSEL AND THE COMPTROLLER and 2003-04 assessment from $182,200 to $110,000. PASSED FROM THE COMMISSIONER OF PUBLIC WORKS, AYES - 11 NOES – 0 PARKS AND STREETS NO. 28 NO. 31 CERTIORARI PROCEEDINGS NOTIFICATION SERIAL # 9732 JOHN T. PRICE, JR. INSTALL STOP SIGN (ALL WAY) 3 BEACON AND 7 OTHERS IN AUBURN AVENUE This is to advise that the owner, John T. Price, Jr., AT NORWOOD AVENUE instituted certiorari proceedings on 3 Beacon, 88 Beacon, 90 STOP SIGNS - INSTALL Beacon, 8 Bell, 178 Germania, 180 Germania, 265 In conformity with Section 49 of Chapter 479 of the Germania and 265 Mystic, Buffalo, New York, regarding the Ordinances of the City of Buffalo, the City Engineer hereby assessments for fiscal years 2002-03 and 2003-04. The notifies Your Honorable Body of this action supplementing, assessments were reviewed by the Department and the amending, or repealing existing provisions of Chapter 479 of owner expressed a willingness to settle the proceedings. the Ordinances, as state below, to be effective forty five days The total final assessment for fiscal years 2002-03 and after the first Council meeting at which they appear on the 2003-04 was $399,500 for each year. The owner is agenda as an item business. agreeable to a settlement, which would result in a reduction That that part of Subdivision 9 Section I I of Chapter 479 of to a total of $343,300 for the 2003-04 tax year on the eight Ordinances of the City of Buffalo be supplemented by adding properties. The taxes are currently unpaid on these thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON SHALL STOP BEFORE ENTERING between Breckenridge Street 4:00 p.m. Sunday Auburn Avenue Norwood Avenue and Lafayette Avenue Barton Street, east side 4:00 p.m. Sunday to NOTIFICATION SERIAL # 9733 between Breckenridge Street 4:00 p.m. Wednesday REPEAL ALTERNATE PARKING – and Lafayette Avenue TYPE I TENNESSEE STREET BETWEEN SOUTH STREET AND NORTHERN DEAD END NOTIFICATION SERIAL # 9736 NO PARKING (ALTERNATE -TYPEI) - REPEAL INSTALL ALTERNATE PARKING - TYPE 11 In conformity with Section 49 of Chapter 479 of the BARTON STREET Ordinances of the City of Buffalo, the City Engineer hereby BETWEEN BRECKENRIDGE STREET notifies Your Honorable Body of this action supplementing, AND LAFAYETTE AVENUE amending, or repealing existing provisions of Chapter 479 of NO PARKING (ALTERNATE - TYPE 11) - INSTALL the Ordinances, as stated below, to be effective forty five In conformity with Section 49 of Chapter 479 of the days after the first Council meeting at which they appear on Ordinances of the City of Buffalo, the City Engineer hereby the agenda as an item business. notifies Your Honorable Body of this action supplementing, That that part of Subdivision 24 Section 15 of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo be supplemented by the Ordinances, as stated below, to be effective forty five repealing therefrom the following: NO PARKING days after the first Council meeting at which they appear on PROHIBITED PORTION OF HIGHWAY PROHIBITED the agenda as an item business. PERIOD That that part of Subdivision 24 Section 15 of Chapter 479 of Tennessee Street, east side between 4:00 p.m. Wednesday Ordinances of the City of Buffalo be supplemented by adding South Street and northern Dead End to 4:00 p.m. Sunday thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED Tennessee Street, west side between 4: 00 p.m. Sunday to PERIOD South Street and northern Dead End 4:00 p.m. Barton Street, west side between 9:00 a.m. - 4:00 p.m. Wednesday Breckenridge Street and Lafayette Ave Thursday, Friday NOTIFICATION SERIAL # 9734 INSTALL ALTERNATE PARKING - TYPE IL Barton Street, east side between 9:00 a.m. - 4:00 TENNESSEE STREET p.m. BETWEEN SOUTH STREET Breckenridge Street and Lafayette Ave Monday, Tuesday, AND NORTHERN DEAD END Wednesday NO PARKING (ALTERNATE - TYPE 11) - INSTALL NOTIFICATION SERIAL # 9737 In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby ON WASHINGTON STREET, EAST SIDE notifies Your Honorable Body of this action supplementing, BETWEEN GOODELL STREET amending, or repealing existing provisions of Chapter 479 of AND HIGH STREET the Ordinances, as state below, to be effective forty five days PERMISSIVE PARKING - REPEAL after the first Council meeting at which they appear on the In conformity with Section 49 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 24 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by adding amending, or repealing existing provisions of Chapter 479 of thereto the following: NO PARKING the Ordinances, as stated below, to be effective forty five PROHIBITED PORTION OF HIGHWAY PROHIBITED days after the first Council meeting at which they appear on PERIOD the agenda as an item business. Tennessee Street, east side 9:00 a.m. - 4:00 p.m. That that part of Subdivision 25 Section 15 of Chapter 479 of between South Street Thursday, Friday Ordinances of the City of Buffalo be supplemented by and northern Dead End repealing therefrom the following: PERMISSIVE PARKING Tennessee Street, west side 9:00 a.m. - 4:00 p.m. PERMISSIVE PARKING LOCATION PERIOD OF between South Street Monday,Tuesday, PERMISSIVE Wednesday PARKING DAILY and northern Dead End Washington Street, east side between 2 hour parking NOTIFICATION SERIAL # 9735 Goodell Street and High Street 7:00 am to 7:00 prn REPEAL ALTERNATE PARKING - TYPE Except Sunday BARTON STREET This action is being taken as a part of the continuing effort to BETWEEN BRECKENRIDGE STREET improve traffic flow in downtown Buffalo and has been AND LAFAYETTE AVENUE requested by Buffalo Niagara Medical Campus. NO PARKING (ALTERNATE - TYPE 1) - REPEAL NOTIFICATION SERIAL # 9738 In conformity with Section 49 of Chapter 479 of the INSTALL NO PARKING Ordinances of the City of Buffalo, the City Engineer hereby ON WASHINGTON STREET, EAST SIDE notifies Your Honorable Body of this action supplementing, BETWEEN GOODELL STREET amending, or repealing existing provisions of Chapter 479 of AND HIGH STREET. the Ordinances, as stated below, to be effective forty five NO PARKING -INSTALL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 24 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by amending, or repealing existing provisions of Chapter 479 of repealing therefrom the following: NO PARKING the Ordinances, as stated below, to be effective forty five PROHIBITED PORTION OF HIGHWAY PROHIBITED days after the first Council meeting at which they appear on PERIOD the agenda as an item business. Barton Street, west side 4:00 p.m. Wednesday to That that part of Subdivision 24 Section 15 of Chapter 479 of This department has no authority to withhold payment as Ordinances of the City of Buffalo be supplemented by adding requested. It is the purview of the Comptroller to withhold thereto following: NO PARKING such payments provided that proper liens, acceptable to the PROHIBITED PORTION OF HIGHWAY PROHIBITED Corporation Counsel, are filed. PERIOD RECEIVED AND FILED Washington Street, east side between At all times. Goodell Street and High Street NO. 35 This action is being taken as a part of the continuing effort to OVERLAY OF CITY PAVEMENTS - 2003 AMHERST improve traffic flow in downtown Buffalo and has been PAVING, INC. CONTRACT #92010810 CHANGE ORDER requested by the Buffalo Niagara Medical Campus. I hereby submit to our Honorable Body the following unit # 9732 to 9736 WAIVE 45 DAYS AND price additions to the contract for the above named RECEIVED AND FILED Project. This change order was necessary to mill/overlay # 9737 to 9738 various streets requested by the Council. REFERRED TO THE COMMITTEE OF LEGISLATION Quantities necessary for the completion of defective areas was beyond the original scope of this contract and was NO. 32 unforeseen. REPORT OF BIDS Bids available in City Clerk’s Office CITY WIDE TREE PLANTING - FALL 2003 Original Contract Amount $1,007,275.50 GR. #614 Change Order #1 $250,090.00 This is to advise Your Honorable Body that I have Total Contract Amount $1,257,365.50 advertised and received bids on City Wide Tree Planting Fall Funds for this change order are available in Division of 2003, Gr. #614. Engineering Account # 13112007-473010. The following bids were received: I respectfully certify that this change order is fair and Contractor Total Bid Price equitable for the work involved, and respectfully request that Gleason's Nursery Inc . $38,190.00 your Honorable Body approve the subject Change order and 4780 Sheridan Dr., authorize the Commissioner of Public Works to issue said Williamsville, NY 14221 change order to Amherst Paving, Inc. Scott Lawn Yard, Inc . $50,645.00 Attached is a tentative paving list of candidate streets by 5552 Townline Rd., Sanborn, NY 14132 councilmanic districts. I hereby certify that the lowest responsible bidder for the Mr. Fontana moved: above project is Gleason's Nursery, Inc. and I respectfully That the above communication from the Commissioner of recommend that Your Honorable Body authorize a contract Public Works, Parks and Streets dated October 18, 2003, be award to Gleason's Nursery, Inc. in the amount of received and filed; and $42,009.00. (Base Bid of $38,190.00 + [10% unit price That the Commissioner of Public Works, Parks and Streets increases] $3,819.00 equals [Total Award] $42,009.00.) be, and he hereby is authorized to issue change order No. 1, Funds for this project are available in our Capital Accounts to Amherst Paving, Inc., an increase in the amount of #30032106, #35310806, #30340506, #34310206, $250,090.00, as more fully described in the above #35310106, #30015806. The engineer's estimate for this communication, for work relating to Overlay of City work is $39,000. A list of locations is attached for your Pavements - 2003, Contract #92010810. Funds for this information. project are available in Division of Engineering Account Mr. Fontana moved #13112007-473010. That the above communication from the Commissioner of PASSED Public Works, Parks and Streets dated October 9, 2003, be AYES - 11 NOES - 0 received and filed; and That the Commissioner of Public Works, Parks and Streets, NO. 36 be, and he hereby is authorized to award a contract for City PERMISSION TO HIRE ENVIRONMENTAL CONSULTANT Wide Tree Planting - Fall 2003 - Group #614, to Gleason's ENTER INTO AGREEMENTS W/NYSDEC Nursery, Inc., the lowest responsible bidder, in the amount of BOONE PARK REMEDIATIONS $42,009.00 (Base Bid of $38,190.00 + [10% unit price The City of Buffalo is in receipt of a remediation grant from increases] $3,819.00 equals [Total Award] $42,009.00). NYSDEC for Boone Park. A remediation work plan and Funds for the project are available in Capital Accounts scope have been negotiated with NYSDEC in the amount of #30032106, $679,661.00 for which the city will be reimbursed 90%. #35310806,#30340406,#34310206,#35310106,#30015806. Permission is requested from Your Honorable Body for our PASSED department to hire an environmental consultant for this AYES - 11 NOES - 0 project and to enter into all necessary agreements with NYSDEC to complete this project. Permission is also NO. 33 requested to accept reimbursement from NYSDEC into our DEMOLITIONS AT 32 WOHLERS AND 31 ROEHRER Capital Project Account #36030306. ITEM NO. 58, C.C.P. 9/30/03 Mr. Fontana moved: The referenced item was sent to this office for a response. That the above communication from the Commissioner of Demolitions are the responsibility of the Department of Public Works, Parks and Streets dated October 9, 2003 be Permits and Inspections. The Department of Public Works, received and filed; and Parks and Streets had no involvement in these demolitions. That the Commissioner of Public Works, Parks and Streets REFERRED TO THE COMMITTEE ON LEGISLATION be, and he hereby is authorized to hire an environmental consultant for the remediation of Boone Park and to enter NO. 34 into all necessary agreements with NYSDEC to complete HARTFORD PAVING CORP. - HERTEL AVE. this project. That the Commissioner of Public Works, Parks ITEM NO. 75, C.C.P. 9/30/03 and Streets be, and he hereby is authorized to accept The referenced item was sent to this department for reimbursement from NYSDEC into the Capital Project comment. Account #36030306. PASSED Over the past several weeks we have reviewed an extensive AYES - 11 NOES - 0 number of flame studies and other data from U.B. and MMA which support this critical decision. My primary concern is NO. 37 and always will be the safety and welfare of the citizens of REMOVE FILL MATERIAL the City of Buffalo and the safety and welfare of the FORMER CRAWDADDY'S SITE dedicated men and women of the Buffalo Fire Department. As part of a settlement agreement between the City of Therefore, I am recommending the permanent closing of Buffalo and the Specialty Restaurant Corporation our Engine 10 located at 40 Ganson Street and Ladder I I department was required to remove fill material and turf from located at 601 Broadway and Monroe on November 1, 2003 the former Crawdaddy's site. This action was ordered by and another fire company on March 1, 2004. State Supreme Court Judge, Joseph G. Makowski. REFERRED TO THE COMMITTEE OF THE WHOLE This work was performed the week of 9/22/03 by Destro Bros. Inc. at a cost of $13,440.00. Permission is requested FROM THE CORPORATION COUNSEL for Your Honorable Body to pay Destro Bros. for the Court ordered work performed from Capital Project Account NO. 43 #34640706. Baines v. Masiello, et al Decision REFERRED TO THE COMMITTEE ON FINANCE and Order of Judge Curtin Please be advised that the City has received a decision NO. 38 from United States District Court Judge John T. Curtin on the TOWNE GARDENS LTD. - Baines v. Masiello matter. In sum, the City's motion for DISPUTE WATER & SEWER CHARGES summary judgment was granted, therefore the federal case ITEM NO. 59, C.C.P. 9/30/03 is over unless the Plaintiffs appeal the decision. Judge Curtin The referenced item was sent to this office for comment. felt that there were no genuine issues of fact raised by the Although we strive to read each water meter quarterly or Plaintiffs to support their claims under federal law. The Court did not rule on state law issues, deferring them to the Pitts monthly, depending on the type of account, it is nearly v. matter in State Supreme Court. There is a impossible to refrain from estimating some customer's City of Buffalo accounts. It is also impractical to set up appointments a pre-trial conference on that case scheduled for October 17, suggested by Mr. Sconiers. 2003. We will work with Towne Gardens, Ltd. and Mr. Sconiers to A copy of the Baines decision is attached for your review. resolve this problem. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON FINANCE No. 44 NO. 39 Refund of Excess Taxes ZERO TOLERANCE FOR SNOW REMOVAL OFFENSES Buffalo Village Associates ITEM NO. 183, C.C.P. 9/30/03 On February 24, 1975. a contract was executed by the The referenced item was sent to this office for comment. City of Buffalo and Buffalo Village Associates, a partnership, Although we do intend to step up our enforcement of limiting real property tax liability on nine parcels owned by violations to our snow removal ordinances, I doubt that a the partnership pursuant to Section 236 of the National -zero tolerance" is either achievable or prudent. Housing Act of 1968 and Article V of the Private Housing REFERRED TO THE COMMITTEE ON LEGISLATION Finance Law. The contract places a real property tax ceiling of $32,400 as NO. 40 to City and County combined taxes for each year, and CERTIFICATE OF APPOINTMENT exempts the real property from any further similar tax for a Appointment Effective 3/28/03 in the Department of Public period of up to forty years, beginning from the date on which Works, Division of Telecommunications to the Position ofthe benefit to such exemption first became available and Deputy Director of Telecommunications, PERMANENT effective. APPOINTMENT at the Flat Starting Salary of $36,100 The agreement includes the following properties., Christopher Bishop,18 Lexington Ave. Apt. 3A, Buffalo, NY 76 Johnson Park 269 Georgia 14222 111 Prospect 66 Whitney REFERRED TO THE COMMITTEE ON CIVIL SERVICE 186 Carolina 59 Whitney 222 Carolina 35 Whitney NO. 41 209 Carolina CERTIFICATE OF APPOINTMENT The refund is apportioned between the City and the County, Appointment Effective: October 3, 2003 in the Department in accordance with the tax rates at the time. of Public Works, Parks & Streets, Division of Water to the The years during which the tax payments made by the Position of Water Service Worker, Permanent Appointment partnership exceeded the tax ceiling are as follows.- at the Maximum Starting Salary of $33,350.00 Tax Year 2001-02 Philip Mazzone, 254 Schiller Street, Buffalo, New York City Tax $46,869.00 14206 County Tax (2002) $6,256.08 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Total $53,125.08 Ceiling $32,400.00 Overpayment $20,725.08 FROM THE COMMISSIONER OF FIRE City share of refund due:. 882 x $210,725.08 $18,279.52 No. 42 Tax Year 2002-03 Firehouse closing City Tax $30,316.26 My recommendation to permanently close two fire County Tax (2003) $4,091.30 companies was not arrived at arbitrarily. The process was Total $34,407.56 extremely labor intensive and required numerous meetings Ceiling $32,400.00 with my administrative team. Overpayment $ 2,007.56 City share of refund due: .881 x $2,007.56 $ 1,768.66 NO. 48 Grand Total City Share 2001-02 and 2002-03 CERTIFICATE OF APPOINTMENT $20,048,18 Appointment Effective: October 1, 2003 in the Department of It is hereby requested that the Comptroller be authorized to Community Services Division of Senior Services to the issue a check in the amount of $20,049.18 payable to Position of Senior Citizen Aide PROVISIONAL Buffalo Village Associates, representing the City's share of APPOINTMENT MAXIMUM refund of excess real property, tax payments for tax years Starting Salary of $27,847 2001-02 and 2002-03. Lisa Masiello 83 Hartwell Rd. Buffalo, New York 14216 Mr. Fontana Moved: REFERRED TO THE COMMITTEE ON CIVIL SERVICE That the above communication from the Corporation Counsel dated October 1, 2003, be received and filed; and FROM THE BOARD OF EDUCATION That the Comptroller be authorized to issue a check in the amount of $20,048.18 payable to Buffalo Village Associates, NO. 49 representing the City's share of refund of excess real Re: Item 93 property tax payments for tax years 2001-02 and 2002-03. Academic programming for Passed Students with Disabilities AYES - 11 - NOES - 0 The following information about academic supports and services available to Students with Disabilities in colleges NO. 45 and universities is being provided to aid you in your Regional Assets Sales Agreement response to Kathleen Lighten. Revised Please inform Ms. Lighten that colIeges and universities now Attached please find a revised Regional Assets Sales have established procedures for identifying students with Agreement for the Buffalo Zoological Gardens, Shea's disabilities and providing reasonable accommodations in Performing Arts Center and Kleinhans Music Hall. compliance with Section 504 of the Rehabilitation Act and Paragraphs 3, 14 and 15 address the issues raised by the the American with Disabilities Act. Common Council. The Law Department requests your Admissions Offices are required to provide all new students approval of this item. upon acceptance, the opportunity to disclose a disability to COPY AVAILABLE IN THE COTY CLERKS OFFICE FOR the institution. This self-identification serves as a request for REVIEW accommodations. Once eligibility is established, REFERRED TO THE COMMITTEE ON FINANCE individualized services are determined. In addition students receive assistance with admission procedures and NO. 46 registration, academic advising, faculty and staff liaisons, Review of Nominees for linkages to campus and community services as well as Appointment-City Planning Board referrals for diagnostic evaluations. and Board of Parking Important for Ms. Lighten to know, is that colleges and Item No. 2, C.C.P., 9/30/03 universities throughout the United States encourage Item No. 1, C.C.P., 9/30/03 students with disabilities to "self identify” (a requirement) in The Corporation Counsel conferred with the Division of order to receive the appropriate identified supports in order Collections and reports (as verified by that Division as of to meet academic requirements. October 3, 2003) that the following nominees to the City Higher Education offers qualified students with disabilities Planning Board and Board of Parking have no outstanding assistance in a variety of ways to relieve academic or social debts to the City: barriers. Frank Manuele, Ph.D. Additional information about specific accommodations can Richard Baumann be secured by contacting the college or university Office of REFERRED TO THE COMMITTEE ON LEGISLATION Disabilities. I may be reached at 828-4700 should you require additional FROM THE COMMISSIONER OF PERMIT & INSPECTION information. SERVICES REFERRED TO THE COMMITTEE ON EDUCATION NO. 47 NO. 50 Second Hand Dealer "R. Fontana-K. Parker- Statistics 1677 Hertel Buffalo Public Schools" Pursuant to Chapter 254 of the City of Buffalo Ordinances, Ex. Item no. #63, C.C.P Sept. 30, 2003 please be advised that I have examined the attached Item #63, C.C.P. 09/30/03, "R. Fontana-K. Parker-Statics application for a Second Hand Dealer License located at Buffalo Public Schools". 1677 Hertel and find that as to form is correct. I have caused The Board of Education has been working through its a investigation into the premises for which said application Choice Committee and the Joint Schools Construction Board for a second hand dealer license is being sought and on the redesign of the school districts. according to the attached reports from the Zoning Office, I am sending both committees a copy of the letter from Kip Fire Department and Building Inspections, I find it complies Parker. with a regulations and other applicable laws. I have caused REFERRED TO THE COMMITTEE ON EDUCATION an investigation by the Police Department into the moral character c Kristen Webb. The attached thereto for Kristen FROM THE BUFFALO URBAN RENEWAL AGENCY Webb d/b/a Webb Trading Company. This request is submitted for you approval or whatever action you deem No. 51 appropriate. R. STRANTON & T. BUTLER REFERRED TO THE COMMITTEE ON LEGISLATION Buffalo and Fort Erie International Border Crossing FROM THE COMMISSIONER OF COMMUNITY SERVICES Expansion Project RECEIVED AND FILED. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW NO. 56 REFERRED TO THE SPECIAL COMMITTEE ON BI- NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting NATIONAL BRIDGE seasonal and flat salary appointments made in various departments. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND RECEIVED AND FILED. REMONSTRANCES NON-OFFICIAL COMMUNICATIONS CERTIFICATE OF APPOINTMENT Appointment Effective September 25, 2003 FROM THE CITY CLERK in the Department of Public Works, Division of Recreation to the Position of Lifeguard, SEASONAL NO. 52 At the minimum Starting Salary of $6.25 ph HAZARDOUS CONDITIONS Milovich, Michael, 102 Farmer, Buffalo 14207 ITEM #66, C.C.P. SEPTEMBER 30, 2003 CERTIFICATE OF APPOINTMENT ITEM #67, C.C.P SEPTEMBER 30, 2003 Appointment Effective October 7, 2003 in the Department The City Clerk's Office is in receipt of communication of Public Works, Division of Recreation to the Position of regarding hazardous conditions reported to this office. Refrigeration Plant Engineer, SEASONAL at the MINIMUM RE: 'S.Grant-D.Blando-Haz.Tree - 101 Winston Rd." Starting Salary of $8.15 (Item #66, C. C.P. September 30, 2003 Waszkielewicz Ronald, 21 Melrose, Buffalo 14220 This hazardous condition was sent to the appropriate CERTIFICATE OF APPOINTMENT departments for action on September 9, 2003. No reply has Appointment Effective October 1, 2003 in the Department been received from the departments as of this of Public Works, Division of Recreation to the Position of communication. Please find a copy attached for your review. Refrigeration Plant Engineer, SEASONAL at the MINIMUM RE: 'S. Grant-B.Walker-Raz. Trees - 14 Comstock Ave." Starting Salary of $8.15 (Item #67, C. C.P. September 30, 2003 Blake Mark, 158 Dundee, Buffalo 14220 This hazardous condition was sent to the appropriate Schieber Michael, 168 Dundee, Buffalo 14220 departments for action on September 2, 2003. A reply was CERTIFICATE OF APPOINTMENT received from the forestry office and is attached for your Appointment Effective September 30, 2003 review. in the Department of Public Works, Division of Recreation REFERRED TO THE COMMITTEE ON FINANCE AND THE to the Position of Rink Attendant, SEASONAL STRATEGIC PLANNING DIRECTOR at the MINIMUM Starting Salary of $5.15ph McGurn Matthew, 48 Naragansett, Buffalo 14220 NO. 53 Messing, Matthew, 396 Cumberland, Buffalo 14220 LIQUOR LICENSE APPLICATIONS CERTIFICATE OF APPOINTMENT Attached hereto are communications from persons Appointment Effective October 6,2003 in the Department applying for liquor licenses from the Erie County Alcohol of Public Works, Division of Recreation to the Position of Beverage Control Board. Swimming Pool Attendant, SEASONAL at the minimum Address Business Name Owner's Name Starting Salary of $6.16ph 1077 E Ferry St 1077 E. Ferry St David A. Staley Schmidt, Lilllie, 190 Cumberland, Buffalo 14220 377 Kensington The New Kensington Pl Ruby Tullis CERTIFICATE OF APPOINTMENT 1458 Hertel Ave North End Trattoria North End Trattoria Appointment Effective October 3, 2003 in the Department 1155 Jefferson Ave 1155 Jefferson Ave Cleotis Dean Jr. of Public Works, Division of Recreation to the Position of 199 Delaware Lsg Enterprises Lsg Enterprises Fee Collector, SEASONAL at the MINIMUM Starting Salary 1386 Bailey Ave K’s Tavern Josuha Knapczyk of $5.15/hr 927 Tonawanda St. Dawn Genovese Dawn Genovese Sterlace, Nicholas, 41 Kimberly St, Buffalo 14220 916 Tonawanda Fat Daddys Renee Masocco CERTIFICATE OF APPOINTMENT 115 W. Chippewa 115 W. Chippewa Chippewa Grille Appointment Effective October 3, 2003 in the Department RECEIVED AND FILED of Public Works, Division of Recreation to the Position of Refrigeration Plant Engineer, SEASONAL at the MINIMUM NO. 54 Starting Salary of $8.15 LEAVES OF ABSENCE WITHOUT PAY Scanlon Mark, 17 Choate, Buffalo 14220 I transmit herewith notifications received by me, reporting CERTIFICATE OF APPOINTMENT the granting of the leaves of absence without pay, in the Appointment Effective September 29, 2003 in the various departments as listed: Department of Public Works, Division of Recreation to the Comptroller- Kathleen Yeates Position of Swimming Pool Attendant, SEASONAL at the Public Works, Streets & Parks- Willie Simmons minimum Starting Salary of $5.15 ph Police- Sheila Suggs-Barrons, Marietta O'Malley, Leonard Mattina Gabrielle, 209 Hoyt, Buffalo 14213 Valvo Fire- Michael J. Cassidy NO. 57 RECEIVED AND FILED. APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT NO. 55 I transmit herewith Appointments in the various REPORTS OF ATTENDANCE departments made at the Minimum (Temporary, Provisional I transmit herewith communications received by me, from or Permanent) and for Appointments at the Maximum (as per the various boards, commissions, agencies and authorities contract requirements) . reporting the membership attendance at their respective REFERRED TO THE COMMITTEE ON CIVIL SERVICE. meetings: CERTIFICATE OF APPOINTMENT Buffalo Sewer Authority City Planning Board Appointment Effective October 1, 2003 in the Department Bevlar & Associates Inc. Construction Contract Monitoring of Community Services, Division of Senior Services to the and Compliance Services Monthly Report for the Dr. Lydia Position of Senior Citizen Specialist, PERMANENT Wright School of Excellence #89 - August 2003 APPOINTMENT At the MINIMUM Starting Salary of Bevlar & Associates Inc. Construction Contract Monitoring $27,648. and Compliance Services Monthly Report for the District Zdzislawa J. Fintzel, 191 Anderson PI., Buffalo, New York Wide Technology Project - Phase I and Phase II - August 14222 2003 Resource Planning & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for the Integrated Projects - July 2003 and September 2003 NO. 58 PPDS Team Progress Report - July & August 2003 INFO COPY AVAILABLE IN THE COTY CLERKS OFFICE FOR BLOCK GRANT/HUD PROGRAM REVIEW I write today to inform you that this be Office will not REFERRED TO THE COMMITTEE ON EDUCATION represented at the Council committee meeting on October 8, 2003. NO. 61 Our correspondence with the City of Buffalo, our grantee, COMMENTS – COMMITMENT TO DOWNTOWN speaks clearly enough about our concerns, our comments, BUFFALO our recommendations and our requirements for the Your letter dated August 20, 2003 to our Administrator, administration of the block grant and all other HUD programs Stephen A. Perry was forwarded to me for response. under the grantee's control. That correspondence, which is the second aspect of your request, should available to be We appreciate your recognition of the General Services you directly the administration. Should they not be able from Administration's (GSA) commitment to Downtown Buffalo. As or willing to provide that correspondence, I recommend that you mention in your letter, Buffalo's economy will benefit you send a Freedom of Information Act (FOIA) request to the greatly from the Federal Government's investment in attention of Marie Shattuck and your request will be dealt Downtown. We are proud of the properties that we have with in accordance with the statutes governing our added to our space inventory and are confident that our responsibilities in such matters. future actions will continue to help strengthen the Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY community. DEVELOPMENT AND THE CORPORATION COUNSEL Again, we appreciate your continued support of our commitment to Downtown Buffalo. If you, or any member of NO. 59 your staff have any questions, please feel free to contact INFO Michele A. Vanden Broek, Chief, Upstate Branch, Realty BRIDGE OPERATORS Services Division at 212-2643580 or by e-mail I am writing in regards to potential action by the City of michele.vandenbrek@gsa.gov. Buffalo to reduce or eliminate drawtenders at city bridges REFERRED TO THE COMMITTEE ON COMMUNITY due to financial constraints. DEVELOPMENT The regulations for the opening of drawbridges over navigable waterways are contained in the NO. 62 Code of Federal Regulations under section 33, part 117. CONCERNS One of the general requirements for drawbridge owners is to COLLECTION OF LEAVES provide necessary drawtenders for the safe and prompt Subject: Leaf Cleanup opening of the draw. This off-ice is mandated to enforce this The annual chore of cleaning up leaves is rapidly requirement. The reduction or elimination of drawtenders at approaching. Last year, a number of my neighbors were City of Buffalo drawbridges may have a serious adverse under the mistaken impression that the City would pick up effect on meeting this requirement, the leaves and so dumped their leaves at the curb instead of Also, this office does not approve requests from bridge in clear plastic bags as is explained in a flyer you sent earlier owners to alter drawbridge schedules or service due to in the year. Dumping the leaves at the curb creates a worse manning or maintenance costs. Permitted drawbridges must mess than not gathering them at all and puts an added be properly maintained and manned by owners. burden on the street crews. If you have any questions or wish to discuss this matter It might be helpful to rebrief the folks as to proper procedure further, please contact me at (216) 9026085. during Fall cleanup. REFERRED TO THE COMMITTEE OF THE WHOLE REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC NO. 60 WORKS THE CIMINELLI CONSTRUCTION COMPANIES Memorandum NO. 63 Attached are the following documents that were approved D. FRANCZYK at the September 11, 2003 Joint Schools Construction Board PROPSOSED LESE Meeting. MARINE DRIVE APARTMENTS Final Agenda for meeting dated October 1, 2003 THIS AGREEMENT made the day of Meeting Minutes from JSCB Meeting dated September 11, between the BUFFALO MUNICIPAL HOUSING 2003. AUTHORITY, a Public corporation 0 f the State of New York, Recommendation Letter for Contract Award PS# 19 as LESSOR, AND Recommendation Letter for Contract Award PS# 31/38 MARINE DRIVE APARTMENTS, INC., a Limited Dividend Recommendation Letter for Contract Award PS # 67 Housing Company, organized pursuant to Article 9 of the Application and Certificate for Payment No. 14 - September Public Housing Law of the State Of New York, now Article 4 30, 2003 of the Private Housing Finance Law, as LESSEE, (said Private Housing Finance Law being herein after referred to (b)Throughout the term of this lease, the Lessee will take as the ACT ). good care of the demised premises, tools, furnishings, WITNESSETH, that the Lessor hereby leases to the Lessee, equipment fixtures an appurtenances; make all repairs and Lessee hereby hires from the Lessor, for a term to necessary to preserve them in good order and condition, commence January 16, 2004 and to end December 31, 2014 which repairs shall be in quality equal to the original work; unless sooner terminated as hereinafter provided, all that promptly pay for such repairs; suffer no waste or injury; give certain parcel of property located in the City Of Buffalo, Erie prompt notice to the Lessor of any fire and of any substantial County, State of New )Fork, bounded by Marine Drive and damage or injury suffered through any cause; execute and Dante Place, together with the improvements thereon, Comply 3Nith all laws, rules, orders, ordinances and consisting of seven twelve-story buildings and all tools, regulations at any time issued or in force applicable to the furnishings and equipment pertinent thereto, as identified on demised premises or to the Lessee's use thereof, by any Schedule A annexed hereto and made a part hereof, and governmental agency having jurisdiction. The Lessee shall also the parking lot situated between the easterly part of accept an assignment of and assume the obligations of the marine Drive and the Skyway Bridge. Lessor under the existing Elevator maintenance contract Section I. Rent and, upon its expiration, make such arrangements for further (a) The Lessee will pay to the Lessor, in equal monthly maintenance as may be approved by the Lessor. installments on the 10th day of each month and every month (c) The Lessee will not, without the written consent of the during the term of this lease, an annual rental made up of Lessor, the Commissioner and the City of Buffalo, sell, the following component parts: assign, or (1) Annual interest and amortization requirements transfer this lease, nor will it underlet any part of the of outstanding bonds (if any exist) issued by the State of premises except to a bona fide tenant, pursuant to the terms New York to cover the financing of the development cost of of Article IV of the Act and the Rules and Regulations of the the project formerly known as Dante Place and now known commissioner, in each case as the same may be from time as marine Drive Apartments, Inc. to time amended. (2) The amount of taxes payable by the Lessor to (d) The Lessee Shall obtain and pay for Such insurance in the City of Buffalo and the County of Erie upon this property, such coverage and amounts as required by the Rules and pursuant to Section 52(4) of the Public Housing Law. Regulations of the Commissioner as the same may be from (3) The amount of sewer rentals which are attribut-time to time amended. All liability insurance Shall include the able to the ownership of the property by the Lessor. Lessor as a named insured. (4) The sum of $68,000.00 Which the Lessor is (e) The Lessee shall pay the charges, expenses and costs of obligated to pay to the County of Erie and the City of Buffalo every kind and nature required in the operation and in consideration of the latter's consent to this lease, provided maintenance of the demised premises including existing fuel that the first installment of such amount shall not become contracts, water, sewer charges based on water due and payable until one full year after the effective date of consumption, gas, telephone and electricity, out of its own this lease. funds and in its own behalf and on its own account, in (5) Premiums on fire, auto and extended coverage addition to those costs which are payable to the Lessor as insurance and premiums on other insurance carried by the rent. Proof of the payment of Such charges shall be Lessor for the protection of the physical property hereby furnished to the Lessor within 10 days after written demand demised. therefor. (6) An amount equal to 60 cents per rental room (f) The Lessee shall also make monthly deposits into an for the services of the Lessor in servicing the operations operating Escrow Fund for operating and other reserves in under this lease, or such greater amount as may from time Such amount and such terms as shall be prescribed by the to time be approved by the New York State Commissioner of commissioner. Housing and Community Renewal (hereinafter call the (g) The Lessor may enter upon and view at any reasonable COMMISSIONER). hour the said demised premises, and each part thereof, and (b) The said rent Shall be re-computed each year as of the examine and ascertain the condition of all buildings, 15th day of January to reflect the fluctuation in actual structures and improvements thereon. amounts of the component parts listed under (a) above. (h) The Lessor may, during usual business hours, examine (c) If the whole or any part of the premises herein demised the books and records of the Lessee. shall be taken or condemned by any competent authority, or Section Ill. Remedies and Termination if there shall be a re-entry, in whole or in part, pursuant to (a) If the Lessee be adjudicated a bankrupt, or make a the terms of Article 9 of the Act, or if the premises Shall be general assignment, or take the benefit of any insolvent act, so damaged by fire as to render them uninhabitable, the rent or if a Receiver or Trustee be appointed for the Lessee's here in above fixed shall cease, or be apportioned, as the property, or if this lease or the estate of the Lessee event may require, from the time when effective possession hereunder be transferred or pass to or devolve upon any of the Lessee shall cease as of the date of vesting of title or other persons or corporation, this lease shall thereupon, at of grant of possession, whichever Shall be the earlier. the option of the Lessor, be terminated without further notice (d) There shall be no diminution or abstement of rent and the Lessee will then quit and surrender the demised whatever except as provided in subdivisions W or W above. premises to the Lessor, but the Lessee Shall remain liable Section II. Operation as hereinafter provided. (a) The Lessee will use the premises solely for the purpose (b) In the event of a breach or threatened breach by the of providing housing accommodations for persons of low to Lessee or any of the covenants or provisions hereof, the middle income, pursuant to the provisions of the Act, Lessor shall have the right of injunction and the right to including the requirement that preference shall be given to invoke any remedy allowed at law or in equity, as if re-entry, the present occupants of the existing project; provided that summary proceedings and other remedies were not herein the Lessee may rent ground floor space for commercial provided for. purposes for the benefit of the occupants of the demised (c) If the Lessee shall make default in the payment of the premises, as provided in Article 4 of the Act, and shall for whole or any part of any rent or charge, or any part of such purposes accept and assume the obligations of the installment thereof in this lease provided to be paid by it, Lessor in the existing concession contracts for Such space. when the same shall fall due under the provisions hereof, and such default shall continue for the space of 10 days after (a) All occupancy agreements granted to the Lessee's such rent or charge, or any part thereof, shall become tenants shall clearly state that the said occupancy payable, under the terms of this lease, or if the Lessee shall agreements are subject to the obligations of the Lessor; make default in the performance of any covenant or such leases shall also clearly state that the Lessee is not the agreement on the part of the Lessee to be performed other owner in fee of the premises, but a Lessee only. than those relating to the payment of the rent or other (b) All improvements made by the Lessee to or upon the charge, the Lessor, in addition to all other remedies provided demised premises Shall, when made, at once be deemed to by this lease, or now or hereafter provided by law, may at its be attached to the freehold, and become the property of the option give the Lessee notice in writing that it declares this Lessor and at the end or other expiration of the term, shall lease, and all rights thereunder granted to the Lessee, be surrendered to the Lessor in as good order and condition terminated unless the Lessee shall within 10 days make the as they were when installed, reasonable wear and damage payment or payments or perform the covenant or agreement by the elements excepted. in respect of which the Lessee shall then be in default. Said (C) All property of every kind which may be on said demised notice shall be subscribed by the Lessor, or its agent, and premises during the term hereof shall be at the sole risk of shall specify the sum or sums of money on account of the the Lessee or those claiming under it, and the Lessor shall non-payment of which declaration or termination shall be not be liable to the Lessee, or any other person whatsoever, made, or the covenant or agreement on account of the for any injury, loss or damage to any person or property in or non-performance of which such declaration or termination upon said demised premises, or upon the sidewalks and Shall be made, and shall also specify the time after the alleyways contiguous thereto. The Lessee hereby covenants service of such notice when such termination shall occur; and agrees to assume all liability for or on account of any and at the expiration of said time after the service of said injury, loss, or damage above described, and to save the notice this lease and all rights of the Lessee hereunder shall Lessor harmless therefrom. be terminated and ended, and all buildings, structures, and (d) At the termination of the term hereby demised, either by improvements on said demised premises shall remain surrender pursuant to Section I (c), forfeiture, default or attached to the freehold and be a part thereof and revert to lapse of time, the Lessee shall surrender the demised the Lessor, and the Lessor shall have the right of immediate premises and the tools, furnishings and equipment listed in re-entry upon the demised premises, and all thereof, and the Schedule A annexed hereto to the Lessor in as good right to repossess the said premises and to have and to condition and repair as they are required to be kept by the enjoy the same, together with all the buildings, structures Lessee by the provisions of this lease. and improvements thereon as fully as if this lease had never (e) Upon termination of this lease, whether by lapse of time been made, unless within the said specified time after the or otherwise, the Lessor may forthwith, without demand service of said notice the Lessee Shall (a) pay the sum or upon the Lessee and without process of law, re-enter said sums for the non-payment of which such termination shall demised premises and remove all persons and effects have been declared, (b) perform each and every covenant or therefrom using such force as may be necessary and agreement for the non-performance of which such resume and retake possession thereof, and the Lessee termination shall have been declared; and (c) pay the sum or hereby expressly waives all right of redemption of the sums not specified in said notice becoming due and payable demised premises after re-entry or after a judgment of by the Lessee to the Lessor under the provisions of this possession thereof given by law. lease after the service of said notice and before the (f) The failure of the Lessor to insist, in any one or more in- expiration of the time specified in said notice. stances upon a strict performance of any of the covenants of (d) If the said Lessee shall neglect, or fail, to pay any 5ym, this lease, or to exercise any option herein contained shall other than rent, which it is, or shall be, bound by the not be construed as a waiver or a relinquishment for the provisions of this lease to pay and discharge, or if the Lessor future of such covenant or option, but the same shall Shall be put to any other Charges, or expenses, by reason of continue and remain in full force and effect. The receipt by the failure of the Lessee to keep, observe or perform any the Lessor of rent, with knowledge of the breach of any covenant, or condition, herein contained, the said Lessor covenant hereof, shall not be deemed a waiver of such shall have the right and privilege, at its option, to make such breach and no waiver by the Lessor of any provision hereof payment or to discharge such liability, or any portion thereof, shall be deemed to have been made unless expressed in with any interest, or penalties, thereon, and the amount so writing and signed by the Lessor. Even though the Lessor paid, with the interest thereon, shall, at the option of the shall consent to an assignment hereof, no further Lessor, be deemed additional rent, and such rent shall be assignment shall be made without express consent in writing added to the installment of rent next payable under the by the Lessor. provisions of this lease; and upon default by the Lessee in (9) This lease shall be subject and subordinate at all times to the payment of any installment, or installments, of rent as the statutory and contractual obligations of the Lessor with thus augmented, and, in addition to all other appropriate respect to the demised premises. remedies, summary proceedings for the removal of the (h) The Lessor and the City of Buffalo reserve a general Lessee from the possession of the said premises for the easement and other rights in connection with the property as non-payment of the rent the said Lessor and City may deem necessary or desirable as thus augmented may be prosecuted by the Lessor in the for the future planning and development of the municipality same manner as would be lawful in case of the non-payment and the extension of public facilities therein (including the of the rent herein otherwise reserved. construction of subways and conduits, the widening and (e) In the event that this lease should be terminated, all change of grade and streets and the development and reserve funds shall become the property of the Lessor; all redevelopment of the surrounding area). The Lessee shall occupancy agreements shall terminate at the end of the have no claim against either the Lessor or the City for any month in which the termination of this lease occurs, and all damage alleged to have been suffered, except to the extent occupants under Such agreements shall become tenants of that such damage has resulted in actual loss of rental. The the Lessor on a month to month basis at the rental fixed in Lessee accepts possession of the property subject to their occupancy agreements. existing easements and rights of way. Section IV. Miscellaneous (I) it is covenanted and agreed that none of the covenants, terms or conditions of this lease shall in any manner be altered, waived, changed or abandoned except by a written WOMEN & CHILDREN'S HOSPITAL'S PROPOSED instrument, signed, sealed, acknowledged and delivered by HELIPAD - 219 BRYANT ST. the parties hereto and approved in writing by the same Dear Planning Board Chair and Members: parties, or their successors in office as shall have approved Fax: (716) 687-1903 this lease, and not otherwise and no act or acts, omission or (not for service of papers) omissions or series of acts or omissions, or waiver, I am submitting this letter and the accompanying exhibits acquiescence or forgiveness by the Lessor as to any default on behalf of a group of residents and property owners in the in or failure of performance whether in whole or in part by the Hodge Avenue-Bryant Street area who are gravely Lessee as to any of the covenants, terms or conditions of concerned over the location of the proposed Women & this lease, shall be deemed or construed to be a waiver by Children's Hospital's helipad, as well as the procedures the Lessor of the right at all times in the future to insist upon utilized to date by the City of Buffalo in reviewing the the full and complete performance by the Lessee of each hospital's application. Included among this informal group of and all the foregoing covenants, terms and conditions neighbors are Monte and Cheryl Hoffitnan, whose residence thereafter to be performed according to the provisions of this at 84 Hodge Avenue is located approximately 80 feet to the lease in the same manner and to the same extent as the northeast of the hospital's Neonatal Intensive Care Unit same are herein covenanted to be performed by the Lessee. (NICU) building upon which the proposed helipad is to be (j) The Lessee hereby waives the right to redeem pursuant constructed,' and Rob Price, who lives with his wife and to Section 761 of the Real Property Actions and Proceedings infant child at 200 Bryant Street directly across Bryant Street Act. from the NICU building. (k)The terms of the Act and of the Public Housing Law and Preliminary Concerns of the rules and regulations affecting limited dividend It appears that the "powers-to-be" have nominated the City Planning Board to serve as -lead-agency-by-default housing companies as the same may be from time to time SEQRA amended are to be deemed incorporated into this agreement for the helipad proposal. The belated efforts to comply with and made a part thereof. Whenever any provision of this the requirements of our State-mandated environmental agreement shall conflict with any provision of the Act or said review process violate several basic principles: Public Housing Law such provision of this agreement shall (1) The SEQRA review must be undertaken "at the earliest be deemed annulled or shall be deemed amended possible time " before any significant authorization is granted accordingly. for a specific project. In this case, the environmental review (l) The grant herein of certain rights and powers to the should have taken place prior to the Common Council's June Lessee and the approval of this agreement by the 2003 approval of a privately-owned airport permit for the Commissioner shall not be deemed, in any case, to be the hospital's helipad. approval by the said Commissioner required by the terms of (2) A decision to conduct a "coordinated review " of an the Act and the Public Housing Law or the Rules and Unlisted action should be made "as soon as an agency Regulations affecting Housing Companies. in every case receives an application for approval of an action ", and the where the approval of the Commissioner is required under appropriate materials should be sent to other involved the said Law or Regulations, Such approval Shall be sought, agencies "as soon as possible " following receipt of the project sponsor's application and notwithstanding the grant herein of such right of power. EAF (M) Notices shall be addressed to the Lessor at its office at . In this instance, the proper time to decide that a 901 City Hall, Buffalo, New York, until and unless the said "coordinated review" was called for was in March 2003 when Lessor shall inform the Lessee, by registered mail, of the City received Kaleida Health's application for a privately another address to which notices should be sent, in which owned airport permit, not July 2003 following the Common case notices shall be sent to such new address; notices to Council's grant of the helipad permit and long after the NYS the Lessee shall be addressed to the Lessee's office at 205 DOT had rendered its 5/2/03 determination. (3) Pursuant to the "lead agency" must be the marine Drive, Buffalo, New York 14202, until and unless the SEQRA, said Lessee shall inform the Lessor, by registered mail, of "involved agency principally responsible for approving an another address to which notices should be sent, in which action" ' 4 It is difficult to conceive of a convincing argument case notices Shall be sent to such new address. to justify treatment of the City Planning Board, whose sole (n) Lessor and Lessee hereby mutually release each other role in the helipad matter is design and site plan review, as from any and all liability or responsibility to the other or the agency "principally responsible" for the proposed helipad anyone claiming through, or under them by a right of project. Clearly, the Common Council, with the authority to subrogation, or otherwise for any loss or damage to property approve or deny the helipad permit, has the principal caused by fire, or any of the extended coverage or responsibility for this action. supplementary contract casualties, even if such fire or other It is my clients' position that no legal justification exists for casualties shall have been caused by the fault or negligence the City of Buffalo's failure to conduct a proper SEQRA of the other parties, or anyone for whom such party may be review prior to the Common Council's June 2003 approval of responsible provided, however, that this release Shall be the private airport permit, or for the City Planning Board to applicable and in force and effect duly and only with respect serve as lead agency. We believe that the current, to loss or damage occurring during Such time as the after-the-fact efforts to comply with SEQRA's requirement respective parties, policies shall contain a clause or will not cure the prior defects. We urge this Board not to endorsement to the effect that any such release shall not engage in an empty exercise of rubber-stamping the prior adversely affect or impair said policy or prejudice the rights decisions approving the helipad project . of said parties to recover thereunder. Lessor and Lessee The Need for a Positive Declaration and Draft EIS mutually agree that its policy shall contain such a clause or The primary decision that this Board must make under endorsement so long as the same shall be obtainable SEQRA if it serves as "lead agency" is a "determination of without extra cost, or if extra cost shall be charged therefore, significance", that is, the decision whether to issue a so long as the other party pays such extra cost. "positive declaration" and require a Draft Environmental REFERRED TO THE COMMITTEE ON LEGISLATION AND Impact Statement (DEIS) because "the action may include BMHA the potential for at least one significant adverse NO. 64 environmental impact", or a "negative declaration" concluding that a DEIS is not necessary because there will be no significant adverse environmental impacts. 6 When As "lead agency", this Board must take a "hard look" at the making the determination of significance, the following legal potential health and safety concerns that may result from the principles must be kept in mind: proximity of the aboveground oxygen tanks to the proposed When a board acts as "lead agency", SEQRA functions as helipad site and nearby residences. You may not delegate "an overlay", supplementing the underlying statutory your responsibilities under SEQRA and simply hope or authority possessed by the government agency. In addition surmise that the environmental and safety concerns relating to the concerns the agency already is obliged to consider as to the oxygen tanks have been closely looked at by other part of its review process, it must additionally take into involved or interested agencies. [It should be noted that account environmental matters when deciding whether to there is no indication in either the "Notice Of Landing Area approve or disapprove the action. 7 Proposal" sent by the applicant to the Federal Aviation The environmental review conducted under SEQRA applies Administration ("FAA"), or the materials sent by the City of to the entire project, and is not limited to the specific pending Buffalo to the NYS Department of Transportation ("DOT"), application under consideration by the lead agency.8 that the oxygen tanks were brought to the attention of the Therefore, the City Planning Board, as lead agency, must FAA or DOT. There is also no mention of the oxygen tanks concern itself with the potential impacts of the entire helipad in either the FAA's 10/ 15/02 correspondence expressing its project, and not restrict its review to the effects of the design conditional "lack of objection" to the proposed heliport, or the and site plan aspects of the proposed action. DOT's 5/2/03 letter of determination. Additionally, the "draft" A lead agency may not delegate its responsibilities, Negative Declaration attached as Exhibit E to this including its obligation to make a determination of correspondence makes no reference of any kind to the significance, to any other agency or official, but it must oxygen tanks.] The health and safety of nearby residents, exercise its own judgment on whether or not a proposed patients and employees of the hospital, and other individuals action may have a significant adverse impact on the who may happen to be in the vicinity of the NICU building at environment.9 Therefore, the City Planning Board must the time a helicopter is landing or departing, are in your reach its own determination and critically review the material hands. before it, and not merely rely on the thought processes or It is my clients' belief that the May 22, 2003 letter from the conclusions of the City's Land Use Planning staff, legal staff, President of the hospital, Stuart W. Williams, to Councilman or the applicant's consultants. Richard Fontana (a copy of which is attached hereto as The requirement to produce an EIS is triggered by "a Exhibit Q, is, at a minimum, an implicit acknowledgement by threshold": A draft EIS is needed if the action relatively low the applicant that the external oxygen tanks constitute a may have a significant effect on any one or more aspects of potential safety hazard. In the words of the hospital's the environment. 10 President: Given the legal principles that guide the SEQRA review Within two years of the helipad being operational, we process, it is my clients' belief that this Board will fail in its will ensure that the external oxygen tanks are located no responsibilities as lead agency if it does not issue a Positive closer than 100 feet from the nearest residential property. Declaration and require the applicant to prepare a DEIS that, Given the hospital's 5/22/03 recognition of the need to move at a minimum, addresses the following concerns: the oxygen tanks, and the inherent properties of liquid A. Public health and safety. Three high-pressure oxygen oxygen, it is incumbent on this board to issue a positive storage tanks, one approximately 35-feet in height, are declaration and require the applicant to prepare a draft EIS located about 30-feet northeast of the NICU building and the that, at a minimum: proposed site of the helipad, and immediately to the south of (i) fully and objectively addresses the human health and the Hoffmans' rear yard at 84 Hodge Avenue. Attached safety issues relating to the placement of the proposed hereto as Exhibit A are four photographs showing helipad in close proximity to the three external oxygen tanks the proximity of the external oxygen tanks to the NICU and nearby residences; (ii) addresses mitigation measures, building, helipad site and 84 Hodge Avenue: including, without limitation, relocation of the tanks prior to Oxygen Tanks with NICU Bldg. In Background operation of the proposed heliport; and, (iii) discusses View from 84 Hodge, 2d Fl., of NICU Bldg., Oxygen Tanks, alternatives, including, without limitation, locating the helipad Variety at one of the alternate sites away from the oxygen tanks. Tower Additionally, if, following completion of the SEQRA review View of 84 Hodge with Oxygen Tank, NICU Bldg. In process, this Board should determine that the NICU site is Background the appropriate location for the proposed helipad, it must "Buffer" between Oxygen Tanks & Rear Yard of 84 Hodge utilize its authority, pursuant to SEQRA and/or the City's Also included as part of Exhibit A is a photo of the warning design and site plan ordinance, to condition construction and sticker, "No Smoking Or Open Flames Allowed", found on operation of the heliport on the immediate relocation of the each of the oxygen tanks adjacent to the NICU building. oxygen tanks to a safe and proper distance from both the Attached hereto as Exhibit B is a document prepared by helipad and residences. To delay for up to two years the Praxair entitled "Praxair Material Safety Data Sheet relocation of the tanks, as suggested in Mr. Williams' (P-4637-F)" that provides information specific to liquid 5/22/2003 letter, and, thereby, subject my clients, other oxygen, including the following statement: nearby residents, patients and employees to potential health UNUSUAL FIRE AND EXPLOSION HAZARDS: Oxidizing and safety risks during a period of time in which the agent; vigorously accelerates combustion. Contact with applicant estimates that nearly 800 helicopter landings and flammable materials may cause fire or explosion. Do not takeoffs would occur, would reflect an unconscionable walk on or roll equipment over spill; any impact could cause indifference to human health and safety. an explosion. Smoking, flames, and electric sparks are B. Noise impacts. It is my clients' position that this board, as potential explosion hazards in oxygen-enriched SEQRA lead agency, should apply the standards found in atmospheres. Heat or fire can build pressure in a closed the State DEC's "Assessing and Mitigating Noise Impacts" container and cause it to rupture. No part of a container policy memorandum, as well as in the City of Buffalo's noise should be subjected to a temperature higher than 125 ordinance, when determining whether the proposed helipad significantly impact the existing noise levels in and degrees F (52 degrees Q ... Liquid causes severe frostbite, a may bum-like injury. around the nearby residential community, rather than the FAA's Day Night Average Sound Level "threshold" of 65 decibels used in the applicant's noise study. Application of decibels "which either annoys, disturbs, injures or endangers these standards would clearly demonstrate that the the comfort, repose, health, peace or safety of a reasonable operation of the proposed helipad at the hospital's preferred person of normal sensitivities". Buffalo City Code, § location will have a significant adverse impact on the noise 293-4(0), 293-5. The noise created by a 90-decibel levels experienced by nearby residents, such as my clients, helicopter landing and taking off from the applicant's as well as hospital patients and employees, which must be preferred site would easily exceed the ambient noise levels fully addressed in a DEIS: in the adjacent residential neighborhood by greater than 5 (i) The State DEC's Noise Impact Policy. To assist its own decibels, and, as a result of the intensity of the noise staff and lead agencies throughout the State in reviewing generated by a helicopter, would be annoying and endanger and mitigating proposed actions that can create significant the comfort, repose and peace of my clients, other nearby noise impacts on nearby "receptors", the NYS Department of residents, and the hospital's own staff and patients. Environmental Conservation (DEC) prepared a program Although the "noise analysis" prepared for the applicant by policy memorandum entitled "Assessing and Mitigating Clough, Harbour was relied upon by the City's Land Use Noise Impacts". (For the convenience of the City Planning Planning staff and/or corporation counsel's office in Board, a copy of the DEC's policy memorandum is attached preparing a draft "Negative Declaration - Notice of hereto as Exhibit D.) Under the heading, "Thresholds For Determination of NonSignificance",' it is my clients' Significant Sound Pressure Level (SPL) Increase", the DEC contention that the "study" constitutes an inadequate basis memorandum provides the following guidance: for taking a "hard look" at the potential noise impacts of the The goal for any permitted operation should be to minimize proposed heliport. Not only does the applicant's submission increases in sound pressure level above ambient levels at fail to consider the noise impact standards utilized in the the chosen point of sound reception. Increases ranging from DEC's policy memorandum and the City's noise ordinance, it 0-3 d13 should have no appreciable effect on receptors. contains the following deficiencies: It fails to provide calculations measuring the existing Increases from 3-6 dB may have potential for adverse noise any impact only in cases where the most sensitive receptors are ambient sound level in and around the Hodge Avenue - present. Sound pressure increases of more than 6 dB may Bryant Street area, depriving this Board of a baseline to use require a closer analysis of impact potential depending on when assessing the actual change in noise levels at existing SPLs and the character of the surrounding land use sensitive residential receptors.' 6 it merely alludes to and receptors. SPL increases approaching 10 dB result in a "average noise levels for typical residential areas" published perceived doubling of SPL... An increase of I OdB(A) by the EPA in 1974, without any attempt to verify their deserves consideration of avoidance and mitigation applicability to the Hodge-Bryant area. measures in most cases... 11 [Emphasis added.] It fails to provide an estimate of the increased noise level In addition to this general guideline, the DEC policy resulting from an individual helicopter landing and taking off memorandum specifically addresses the "human reaction" to from the NICU site (that is, it does not project the likely increases in noise levels, and finds that human beings will increase in noise levels at sensitive receptors while an have the following responses: individual helicopter is approaching the helipad site, landing, An increase in sound levels between 5 - 10 decibels will be idling, taking off and flying away). Instead, the applicant's considered noise analysis uses a heliport noise model that expresses "intrusive".- An increase in sound levels between 10 - 15 the "Day-Night Average Sound Level (DNL)" noise metric decibels will be considered "very noticeable". - An increase that represents "the total accumulation of aircrafi noise in in sound levels between 15 - 20 decibels will be considered decibels (dB) spread out uniformly throughout the day". "objectionable". - An increase in sound levels between over It claims that the elevated location of the helipad would 20 decibels will be considered "very objectionable to reduce noise exposure at ground level.. but falls to intolerable". 12 acknowledge that many of the nearby homes (including the According to a document submitted by the applicant, "The Hoffman's residence at 84 Hodge Avenue and the Price volume level of the Mercy Flight helicopter, which as the residence at 200 Bryant Street) are three-story dwellings local carrier would conduct a projected 95% of the flights, is with bedrooms, guestrooms, bathrooms, offices, etc., located 90 decibels." 13 Although the applicant's noise consultant on second and third floors 20 to 35 feet above ground level. appears not to have conducted any actual measurements to (Attached hereto as Exhibit F are four photographs determine the existing ambient noise levels in the vicinity of depicting: (i) the 3-story dwelling at 84 Hodge Avenue & the the proposed helipad, the Clough, Harbour "study" indicates East Side of the Variety Tower; (ii) the view from 84 Hodge that the average noise levelfor a typical "Urban Residential" Avenue's third-floor guest room, including the 35-foot oxygen area is 60 decibels, or afull 30 decibels lower than the tank and the top of the NICU building; (iii) the 3-story volume level qf the Mercy Flight helicopter. It is likely, dwelling at 200 Bryant Street as viewed from the NICU therefore, that sensitive sound receptors, such as the driveway; and, (iv) the view from 200 Bryant Street's Hoffman family whose house is approximately 80 feet for in third-floor bedroom of the NICU building.) the NICU building, and the Price family whose residence sits It makes no mention of the "canyon effect" that, as noted in directly across Bryant Street from the proposed heliport site, the DEC noise impact memorandum, can result in urban will experience increases in noise levels in the range of areas where sound is reflected from the surfaces of buildings "objectionable" to ",cry objectionable to intolerable" each and lining a street similar to what happens in a canyon,' 7 and is every time a helicopter lands or departs from the proposed silent regarding the impact on noise levels resulting from the NICU helipad. Such significant increases in noise levels proximity of the I 0-story Variety Tower to the proposed must be fully and objectively addressed through the DEIS helipad site. process. It appears to underestimate future helicopter landings at the (ii) City of Buffalo's Noise Ordinance. In addition to the proposed helipad by basing its estimate of "394 heliport guidelines found in the DEC's noise impact memorandum, operations per year" solely on Mercy Flight's call history for this Board should consider the City of Buffalo's noise 1999-2000, disregarding, for example: non-Mercy Flight ordinance, found at Chapter 293 of the City of Buffalo Code, helicopters that would be using the helipad; 18 the additional when deciding whether to issue a Positive Declaration. flights that the hospital wishes to attract "from outside this Pursuant to the City's noise ordinance, "unreasonable noise" city" that they have "begun to lose to other hospitals, includes noise that exceeds ambient noise levels by 5 particularly those from the southern tier to Strong Memorial in Rochester"; the potential increase in women patients (as abandoned house at 382 Maryland Avenue. We believe it is opposed to children) resulting from the hospital's in our best interest and in the best interest of this commitment to expand its services to women. neighborhood that the abandoned house be demolished as Neither the DEC noise impact policy memorandum, nor the soon as possible. Properties in this area are otherwise City's noise ordinance, supports the conclusion reached in pleasant and well maintained. the "draft" Negative Declaration that the noise impacts Tbank you for your attention to this matter. associated with the proposed helipad are insignificant Hope Kurtz because they are "short-term". Unlike construction-related Our phone number is 822-6550 noises, which truly are temporary or "shortterm", the REFERRED TO THE COMMITTEE ON FINANCE substantial, intrusive and objectionable sounds created by each and every landing and take of, while limited in duration, NO. 66 will be a permanent and recurring feature of the proposed W. MCGUIRE-AFSCME-LOC. #264 QUESTIONS MAYORS heliport. Additionally, given the numerous residences located FOUR YEAR PLAN in close proximity to the NICU building, as well as the many I am writing to request an audience with the Taylor Law homes that will be directly beneath the helicopters as they Committee. The purpose is to address multiple questions approach and takeoff from the NICU site, the number of regarding the Mayors Four Year Plan. Some questions to affected individuals is far from insignificant. Therefore, it is consider are: imperative that this Board issue a positive declaration and To what degree does the Mayors plan relate to the Contract require the applicant to prepare a DEIS fully and objectively Bargaining Agreements for AFSCME Local 264 and other addressing the noise impacts associated with the proposed Council 35 affiliates. action. What is the Buffalo Common Councils position regarding the C. Character of the Existing Neighborhood. As this Board City Blue knows, SEQRA defines "environment" broadly to expressly Collar CBA articles such as: include "existing community or neighborhood character", and Article XXV (Contracting and Subcontracting of Public Work) a lead agency must be concerned with the impact a Article XXXIX (No Layoff Clause) proposed project may have on existing community or Article XV (Seniority), Section 15.5 (B) (Layoff Procedure) neighborhood character, "with or without a separate impact regarding on the physical environment". I Given this mandate, it is use of seasonal employees doing Bargaining Unit work. wholly inadequate for the "draft" Negative Declaration to Please call a meeting of the Taylor Law Committee as soon trumpet the social and economic benefits of the proposed as possible to address these issues. helipad (that is, the potential for saving lives, its role in Sincerely, keeping the hospital at its current location), while totally William D. McGuire disregarding the cumulative adverse impacts the helipad President would have on the character of the adjoining residential REFERRED TO THE SPECIAL COMMITRTEE ON neighborhood, including, for example: the interference with TAYLOR LAW residents' peaceful enjoyment of their homes and property as a result of the intrusive and disruptive noise that will NO. 67 accompany each and every landing and takeoff, interrupting W. MCGUIRE-AFSCME-LOC. #264 QUESTIONS MAYORS discussions and activities during the daylight hours, and FOUR YEAR PLAN rudely awakening sleeping men, women and children at I am writing to request an audience with the Budget night; the health and safety concerns of nearby homeowners Committee. The purpose is to address multiple questions (whether or not the oxygen tanks are moved); the bright regarding the Mayors Four Year Plan. Some questions to landing lights that will be visible to nearby residents, consider are: including the Hoffmans at 84 Hodge Ave., and the Price To what degree does the Mayors plan relate to the Contract family at 200 Bryant Street; the potential diminution in Bargaining Agreements for AFSCME Local 264 and other property values of residences located either in close Council 35 affiliates. proximity to the NICU site, or beneath the approach or What is the Buffalo Common Councils position regarding the takeoff routes. City Blue Collar CBA articles such as: Conclusion Article XXV (Contracting and Subcontracting of Public Work) For the reasons stated above, my clients respectfully request Article XXXIX (No Layoff Clause) Article XV (Seniority), that this Board issue a Positive Declaration and require Section 15.5 (B) (Layoff Procedure) regarding use of preparation of a DEIS that thoroughly and objectively seasonal employees doing Bargaining Unit work. Please call addresses the proposed project's adverse impacts on human a meeting of the Budget Committee as soon as possible to health and safety, noise levels, and the character of the address these issues. adjoining residential neighborhood .20 By proper use of the Sincerely, DEIS process, my clients hope that the applicant, the City of William D. McGuire President Buffalo, and the public will be able to agree on an alternative REFERRED TO THE COMMITTEE OF THE WHOLE site for the proposed helipad that will have the least cumulative adverse impact on human health and safety, NO. 68 noise levels, and neighborhood character. If such a goal is COMMENTS POTENTIAL REVENUE SOURCE accomplished, the hospital and greater Western New York AFSCME Local 264 as you know, represents community will have its helipad, and the quality of life of the approximately 1400 public employees working for the City of nearby residential neighborhood will be preserved to the Buffalo (approx. 625), the Buffalo Board of Education greatest extent possible. 21 (approx. 525) and the Buffalo Municipal Housing Authority RECEIVED AND FILED (approx.Our organization has made repeated attempts over the years at being proactive in its approach to Labor NO. 65 Management issues. We have constantly striven for CONCERNS 382 MARYLAND continuous improvement in operations for the delivery of My husband and I are owners and occupants of the services to the public. Despite our past track record, our property named above, which is directly adjacent to the latest efforts to have an impact on the current fiscal problem has mostly been rebuffed by the BFSA and the City. We are proposal was submitted to the budget office on September making yet another attempt to be recognized and brought to 28, 2003 that clearly indicated a $450,000 average cost the table in this critical effort to stave off fiscal disaster. savings per year would be realized thru public sector Please be advised the AFSCME Local 264 is prepared to operation of the recycling program. This plan factored in all use every means at its disposal to enforce existing language associated costs using actual salaries and benefits, as well in its collective bargaining agreement with the city. Terms as city estimates where necessary. It also factored in and conditions of employment were fairly bargained for. inflationary trends for health care, fringe benefits, fuel, To disregard existing language thru layoffs, sub-contracting vehicle maintenance and wages. Even with raising cost and using seasonal employees in place of bargaining unit factored in, the cost savings was substantial. The use of members shows total disregard for our bargaining units seasonal employees was allowed under the plan as a means rights and will be resisted but our union. of holding down the expansion of recurring costs due to We hereby ask that you give serious consideration to the inflationary trends. These savings occur even without further following ideas, which we feel have merit. They enhance or streamlining of the operation, which was possible. create recurring sources of revenue and/or reduce expenses As can be seen, the city has means at its disposal to while being relatively easy to implement (as opposed to address some of its fiscal problems without implementing requiring outside legislation) or have substantial support at draconian sized cuts in services. These items can be other legislative levels. implemented as part of a long term fiscal recovery plan that 1. Implement a landlord licensing fee as outlined in AFSCME may also include the County fully funding all regional Council 35's Fiscal recommendations for the City of buffalo, attractions (as far as public sector support is concerned) submitted August 26, 2003. This action would generate such as Kleinhans, Shea's, the Buffalo Zoo, and other $1.56 million in recurring revenue. Re-inspection fees, organizations currently receiving funds from the city. housing compliance, uncollected housing violations, records An aggressive housing development program should be search fees and minimum fine levels could generate another undertaken based on HUD and private sector money that $400,000 as estimated by an analysis done by Building would reinvigorate the housing stock in the City of Buffalo. A Inspectors of AFSCME Local 2651. program that removes large tracks of housing with low 2. Increase the Public User Fee (Sanitation) to cover the full assessment value can be replaced with houses assessed operating costs of sanitation services. Currently, the city significantly higher. Each $100 million in assessed value supplements the Enterprize Fund by over $4 million annually created, would resulting $2,085,000 added to the tax base of out of the General Fund Budget. That supplement would the city (1,000 houses assessed at $120,000 replacing 1000 become unnecessary, thereby freeing up these resources. homes assessed at $20,000 or less). - 3. Implement sections of the Towing & Storage In order to stop the decline the city is experiencing, an recommendations plan submitted to the Budget Office on aggressive approach must be taken. Stripping city September 28, 2003 by Local 264. That plan called for departments only serve to gut an already declining region. charging Erie County for services rendered in the towing & New or enhanced sources of revenue as well as some belt storage of vehicles held on behalf of the District Attorney's tightening must go hand in hand with long term strategic office. Charging the standard rates of $12 per day for planning. In that way the city can fix structural problems it storage and $85 per tow for towing would generate faces in its budget. approximately $1 million in recurring revenue to the city. In REFERRED TO THE COMMITTEEOF THEWHOLE addition, the city can realize a one shot cash inflow by selling the current auto impound facility at the market rate, creating NO. 69 a $3 million influx, less the purchase and development costs S. ROBBINS-REQ. DEMO-382 MARYLAND AVE. associated with relocation to an outdoor facility (Brownfield October 3, 2003 location?) with a significantly smaller office structure (2500 - To Whom It May Concern, 3500 sq. ft.) that would result in a net one shot of an My husband and I stand with our neighbors in urging the city estimated $1.5 million with a recurring savings in utility costs to tear down the abandoned eyesore at 382 Maryland Street. also, being realized due to the size of the structure. Ours is a great block of conscientious people who work hard 4. Traffic Ticket Adjudication as done in most cities, towns to make their homes safe and attractive, and who watch out and villages in New York State should be endorsed and for each other. Buffalo is lucky to have blocks like ours and I actively supported by city officials. State Legislators are would hope that the city would do everything in its power to actively pushing legislation to enact this proposal. As keep this neighborhood vital. outlined in the Fiscal Recommendation made by Council 35, Sincerely, Amherst currently generates over $1.5 million in fines and Sherry Robbins Tom Hammond surcharges and Cheektowaga generates over $1.1 million in REFERRED TO THE COMMITTEE ON FINANCE fines and surcharges. It's estimated that Buffalo can create an infusion of Revenue in excess of $2 million annually. NO. 70 5. The City Administration should actively seek, through CONTRACTOR: HARTFORD PAVING CORP. negotiations, the implementation of a voluntary 105 (H) SURETY: EMPLOYERS INSURANCE OF WAUSAU medical plan option to all existing employees. The resulting PROJECT: RECONSTRUCTION OF HERTEL cost savings to the city can be significant. Based on the AVENUE-DELAWARE AVENUE (NY ROUTE 384) TO AFSCIVIE Local 264 contract alone, the cost savings STARIN AVENUE - P.I.N. 5754.43 realized would be $57,000 per 100 employees opting into Ladies and Gentlemen: the program. If 25% of the city workforce opted into the plan, As you are aware, this office represents Employers the resulting cost savings would balloon to nearly $1.5 Insurance of Wausau ("Wausau"). Hartford Paving Corp. million (based on Local 264 healthcare costs) and possibly ("Hartford") entered into a General Agreement of Indemnity exceed $2 million when healthcare costs to other unions are ("GIA") with Wausau. Wausau in turn, issued surety payment factored in. While these figures are estimated with respect to and performance bonds on behalf of Hartford, its principal, the total savings, the figures are accurate with respect to for a project commonly known as the Reconstruction of cost savings per employee. Hertel Avenue-Delaware Avenue (NY Route 384) to Starin 6. The city should actively seek to re-implement public sector Avenue - P.I.N. 5754.43 ("Project"). Wausau has received recycling services by city employees. An operating cost claims arising out of the payment bond Wausau issued on in the process of applying for monies with Wells Fargo Bank behalf of Hartford for the Project. to develop a closing cost assistance program. The City of Buffalo is holding monies belonging to Hartford Sincerely. as a result of work performed on the Project. Wausau has Candace Moppins made demand upon the City of Buffalo and its related Housing Director agencies and entities, that no monies from the Project be REFERRED TO THE COMMITTEE ON COMMUNITY released. Wausau again restates its demand. Furthermore, DEVELOPMENT AND THE DIRECTOR OF STRATEGIC please be advised that Wausau will not consent to the PLANNING release of any funds at this time. Failing to abide by the direction herein will prejudice the rights and entitlements of NO. 72 Wausau as afforded to it under the GIA, the Uniform LYNDA STEPHENS COMMENTS Commercial Code, and all other applicable authority. BUFFALO FISCAL STABILITY AUTHORITY Thank you for your immediate attention to this matter. I am writing to respectfully request that you file a Please contact me with any questions or concerns. correspondence from Ms. Lynda Stephens regarding the RECEIVED AND FILED State Control Board with the Council for discussion at the next meeting dated October 14, 2003 at 2pm. NO. 71 If you have any questions, please do not hesitate to contact A. THOMPSON-C. MOPPINS-CLOSING COST me at (716) 851-5145, ASSISTANCE 266 Hartwell Road I am writing to respectfully request that you file a Buffalo, New York 14216 correspondence from Ms. Candace Moppins regarding September 8, 2003 closing cost assistance with the Council for discussion at the Council Member Antoine Thompson next meeting dated October 14, 2003 at 2pm. Buffalo Common Council If you have any questions, please do not hesitate to contact 1410 City Hall me at (716) 851-5145. Buffalo, New York 14202 FILLMORE-LEROY AREA RESIDENTS, INC. Re: September 6, 2003 Public Hearing Comments FLARE Dear Council Mernber Thompson: Dear Mr. Thompson, As a long time Buffalo resident (since 1965) and observer of Recently you inquired about the lack of closing cost issues important to residents, I would like share my public assistance applications submitted from this office to the city. comments with you. I am angry that our situation and the Please allow me to explain the reasons why such a small so-called remedy has reached this sad stage. We arrived number of closing cost assistance applications have been here with lots of help from other governments and from submitted to the City of Buffalo from the Masten District. various businesses. I am totally against a Control Board for The closing cost assistance program is a loan, not a grant. both idealistic and pragmatic reasons. The process involved The average prospective homeowner interested in the in implementing the Control Board is seriously out of line assistance can neither afford to pay the money back or the with democratic processes, and beyond that, it will not financial institution states that they can not carry any resolve the serious issues before us. additional debt (loan). The enclosed comments were submitted at Saturdays The home that is to be purchased has to have a visual Forum and distributed to about thirty audience members, inspection of the property prior to application submittal- I am including start from the Mayor's team. I read 3-minutes worth currently the person from the office that is certified to of my comments! about one and a half pages, at the Forum. perform the inspection. If the property has any cracked, Also, I have distributed the comments to other individuals chipped or peeling paint on the exterior or interior, the paint and encouraged them to share my ideas (certainly not all issues have to be addressed. Color photographs have to original or unique, but with some with interesting supporting accompany the application of the interior and exterior of the data). home. The problem arises when the prospective homeowner Please do what you can to alert people and to encourage can not receive a loan package such as a 203K loan to citizens to take action to rid ourselves of the Control Board. address the paint and the owner is not capable or willing to Thank you for hearing me. I'll be listening for your public correct the paint conditions. The source of the closing cost remarks assistance funds I am told is federal, which mandates this RECEIVED AND FILED regulation because of the potential exposure to lead based paint. NO. 73 There are also other requirements that the prospective A. THOMPSON-SALES TAX homeowner also has to complete. Homebuyer Education I am writing to respectfully request that you file a has been made a requirement for the assistance. The correspondence regarding sharing the sales tax with the prospective homebuyer has to attend a class that the city Council for discussion at the next meeting dated October 14, recognizes. The prospective homeowners lending, institution 2003 at 2pm. must escrow taxes and insurance as a part of the monthly If you have any questions, please do not hesitate to contact mortgage payment. me at (716) 851-5145 And lastly, the closing cost assistance program once REFERRED TO THE COMMITTEE ON BUDGET accessed by the prospective homeowner can not receive any further assistance from programs such as Emergency NO. 74 Assistance, Target Street Home Improvement, 50/50 Rehab ARTICLE XXXIX or any other housing programs that the city has leveraged NO LAY OFF CLAUSE funds involved. Because of this regulation, we explain to the LOCAL 264 AFSCME prospective homeowner the limitations of this program, and Pursuant to your directive, please be advised it has been a provide alternatives. Should you have any additional long standing opinion of Labor Relations that the above questions please contact the office. I hope that some article in Local 264 AFSCME's contract sunset on June 30, adjustments can be made to this program. FLARE/CAO are 1998. If you have any questions, I am available at your (CCP436-Sept. 30, 03) convenience. Mr. Coppola moved that the above item be recommitted to REFERRED TO THE COMMITTEE OF THE WHOLE the Committee on Civil Service. ADOPTED PETITIONS NO. 82 NO. 75 Appt.-Police Captain (Perm) (Max) (Pol) S. PARRISH, USE 1201 HERTEL, FOR A RESTAURANT (CCP#37-Sept. 30, 03) (HRG 10/21) That the above item be and the same hereby is received REFERRED TO THE COMMITTEE ON LEGISLATION, and filed. STRATEGIC PLANNING, THE CITY PLANNING BOARD ADOPTED AND THE CORPORATION COUNSEL NO. 83 NO. 76 Appt.-Police Captain (Cont. Perm.) (Max) (Pol) S. DONALD WARFE, AGENT, USE 1000 ELMWOOD AVE. (CCP#38-Sept. 30, 03) AKA 1000-1004 ELMWOOD FOR A SIT-IN RESTAURANT. That the above item be and the same hereby is received (HRG. 10/21) and filed. REFERRED TO THE COMMITTEE ON LEGISLATION, ADOPTED DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 84 Appts. -Battalion Chief (Max) (Fire) NO. 77 (CCP#39-Sept. 30, 03) M. MOSCATI, AGENT, USE 807 ELMWOOD FOR A FOOD That the above item be and the same hereby is received CO-OP W/SIT-IN & TAKE-OUT FOODS W/ PKG. (HRG. and filed. 10/21) ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING NO. 85 BOARD AND CORPORATION COUNSEL. Appointment Counselor III (Max) (Comm. Svs-) Regular Committees (Item No. 44-C.C.P. Sept. 30, 2003) That Communication 44, September 30, 2003 be received Civil Service and filed and the provisional appointment of Mary (Marc A. Coppola, Chairperson) Tomporowski stated above at the maximum salary of $34,421 effective on September 22, 2003 is hereby NO. 78 approved. Appointment PASSED Telephone Operator (Max) (Mayor) AYES - 11 - NOES - 0 (Item No. 3-C.C.P. Sept. 30, 2003) That Communication 3, September 30, 2003 be received NO. 86 and filed and the exempt (pending) appointment of Lanette Appointment Boulware-Wright stated above at the maximum salary of Senior Counselor (Max) (Corrected) (Comm. Svs.) $30,114 effective on October 6, 2003 is hereby approved. (Item No. 45-C.C.P. Sept. 30, 2003) PASSED That Communication 45, September 30, 2003 be received AYES - 11 - NOES – 0 and filed and the permanent appointment of Arleen Filipski stated above at the maximum salary of $37,732 effective on No. 79 November 25, 2003 is hereby approved. Appointment PASSED Associate Tax Clerk (Inter#4) (Assess./Tax) AYES - 11 - NOES - 0 (Item No. 15-CCP Sept 30, 2003) That Communication 15, September 30, 2003 be received No. 87 and filed and the permanent appointment of Carmen E Appointment Bryant stated above at the intermediate salary of $33,902 Laborer II (Inter) (#61, 9/16) (C. Clk.) effective on September 16, 2003 is hereby approved. (Item No. 93-C.C.P. Sept. 30, 2003) PASSED That Communication 93, September 30, 2003 be received AYES - 11 - NOES - 0 and filed and the permanent promotion of Marvin Rodolph stated above at the intermediate salary of $26,116.16 No. 80 effective on September 15, 2003 is hereby approved. Appointment PASSED Senior Tax Clerk (Max) (Assess./Tax) AYES - 11 - NOES – 0 (Item No. 16-C.C.P. Sept. 30, 2003) That Communication 16, September 30, 2003 be No. 88 received and filed and the contingent permanent Notices of Appt. – Temp./Prov./Perm. (#66/9/16) (C. Clk.) appointment of Latifa A. Mack stated above at the maximum (CCP#94-Sep. 30, 03) salary of $31,694 effective on September It, 2003 is hereby That the above item be and the same hereby is received approved. and filed. PASSED ADOPTED AYES - 11 - NOES - 0 No. 89 NO. 81 Notices of Appt – Temp/Prov/Perm (C. CLK.) Appt.-Police Chief (Max) (Pot.) (CCP #54 – Sept. 30, 03) That the above item be and the same hereby is received and (Item No. 103, C.C.P., Sept. 30, 2003) filed. That the above item be, and the same hereby is returned to ADOPTED the Common Council without recommendation. Mrs. Grant Moved: Finance That the above mentioned item be and the same is hereby (Betty Jean Grant, Chairperson) received and filed. Adopted. No. 90 Abatement of Uncollectible Accounts Receivable No. 96 (Item No. 14, C.C.P., June 24, 2003) 563 Seventh Street -Negotiate Sale (Item No. 98, C.C.P., Sept. 30, 2003) (Item No. 74, C.C.P., Sept. 16, 2003) Mrs. Grant moved that the above item be recommitted to That the above item be, and the same hereby is returned the Committee on Finance. to the Common Council without recommendation. ADOPTED. Mrs. Grant Moved: That the Director of Real Estate be, and he hereby is No. 91 authorized to negotiate with the Board of Education for the Bond Closeout sale of 563 Seventh Street and to report back to the (Item No. 17, C.C.P., Sept. 2, 2003) Common Council with the results of the negotiations. (Item No. 100, C.C.P.'. Sept. 30, 2003 Passed That the above item be, and the same hereby is returned AYES - 11 - NOES - 0 to the Common Council without recommendation. Mrs. Grant Moved: No. 97 That the Comptroller be, and he hereby is authorized to Result of Negotiation - 296, 298 Coit close out the accounts as listed in the above communication (Item No. 17, C.C.P., Sept. 16, 2003) with the exception of Org #34310306 Lovejoy Building That the offer from Mr. Taher Abdellatif, residing at 191 (Seneca/Babcock Community Center), #30013206 Recons Fareway Lane, Grand and Island, in the sum of three 835 Humboldt (CAO), #30331806 Rehab Jefferson thousand and four hundred dollars ($3,400.00) for the Renaissance, #30332506 Exp Delevan-Moselle Center, purchase of 296 and 298 Coit Street, be and hereby are #34320506 Const Delavan Moselle Ctr, #34640306 Restore accepted; and 60 Hedley Place #35030506 Joint School Const Plan That the appraisal requested by the City of Buffalo shall be #30006006 Reconstr. Park Allen, 34320306 Tift Farms and paid by the purchaser; 34321006 So. Bflo. CC That the transfer tax, recording fees and cost of legal Passed. description shall be paid by the purchaser; and AYES - 11 - NOES - 0 That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the No. 92 Mayor be authorized to execute the same, in accordance Regional Asset Agreement, Revised with the terms of sale upon which the offer was submitted. (Item No. 40, C.C.P., Sept. 36, 2003) Passed That the above item be, and the same hereby is returned AYES - 11 - NOES - 0 to the Common Council without recommendation. Mrs. Grant Moved: No. 98 That the above mentioned item be and the same is hereby Various Monitors, etc. - Auction - Dept. of Police received and filed. (Item No. 35, C.C.P., Sept. 30, 2003) Adopted. That the Commissioner of Police be, and he hereby is authorized to auction 14" monitors, miscellaneous computer No. 93 hardware and IBM Computers, as listed in the above Regional Assets Sales Agreement communication, at the next property auction conducted by (Item No. 54, C.C.P., June 24, 2003) the Buffalo Police Department and (Item No. 101, C.C.P.Sept. 30, 2003) Passed. That the above item be, and the same hereby is returned AYES - 11 - NOES - 0 to the Common Council without recommendation. Mrs. Grant Moved: No. 99 That the above mentioned item be and the same is hereby Report of Emergency Bids - Engine 33 received and filed. (Item No. 21, C.C.P., Sept. 36, 2003) Adopted. That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract No. 94 for Engine 33, Floor Slab Replacement, to Peyton Barlow Regional Assets Sales Agreement (Erie Co.) Co., the lowest responsible bidder, in the amount of (Item No. 73, C.C.P., July 8, 2003) $116,000.00. Funds for the project are available in ~ (Item No. 102, C.C.P., Sept. 30, 2003) 6322206 445 100 - Buildings. That the above item be, and the same hereby is returned Passed. to the Common Council without recommendation. AYES - 11 - NOES - 0 Mrs. Grant Moved: That the above mentioned item be and the same is hereby No. 100 received and filed. F. Wolf-Monies Owned to the Eric Co. Bd. of Elections Adopted. (CCP#59-June 10, 03) That the above item be and the same hereby is received No.95 and filed. Regional Assets Sales Agreement ADOPTED (Item No. 5 1, C.C.P., Sept. 16, 2003) No. 101 That the above mentioned item be and the same is hereby Erie Co. Bd. of Elections-Claim (Compt.) received and filed. (CCP# 19-June 24, 03) Adopted. That the above item be and the same hereby is received and filed. Legislation ADOPTED (Richard A. Fontana, Chairman) No. 102 No. 111 Eric Co. Bd. of Elections Claim (Compt.) Heliport at the Women and Children's Hospital of Buffalo (CCP#11-Sept. 30, 03) (Item No. 174, C.C.P., Sept. 30, 2003) That the above item be and the same hereby is received That Item No. 86, C.C.P., March 18, 2003, the Women and filed. and Children's Hospital of Buffalo heliport application, Item ADOPTED No. 23, C.C.P., May 13, 2003, Item No. 25, C.C.P., May 13, 2003, Item No. 23, C.C.P., April 29, 2003, Item No. 30, No.103 C.C.P., May 13, 2003 and Item No. 45, C.C.P., May 13, B Grant-G Wilson-Backstop Replacement – Shoshone 2003, the comments from the various departments, and the Park City Planning Board's Negative Declaration be attached to (CCP#68 – Sept 30,2003 this resolution for consideration at the hearing; and That the above item be and the same hereby is received That after a public hearing, the petition of Kaleida Health for and filed. permission to place a heliport on the roof of 219 Bryant, be ADOPTED and hereby is approved. Passed. No. 104 AYES - 9 - NOES – 2 B. Grant-Concerns-Roosevelt Park (#67, 10/15) Ayes – Bonifacio, Coppola, Fisher, Fontana, Franczyk, (CCP# I 07-Oct. 29, 02) Golombek, Grant, Martino and Thompson That the above item be and the same hereby is received Noes – Davis and Pitts and filed. ADOPTED No. 112 Charles Frederiksen, Petition to use 415 Franklin Street - No. 105 Sign Paving of University Streets (Item No. 77, C.C.P., Sept. 36,2003) (CCP#124-Sept. 2, 03) That the above item be, and the same hereby is, returned That the above item be and the same hereby is received to the Common Council without recommendation. and filed. Mr. Fontana Moved: ADOPTED That the petition of Charles Frederiksen, owner, for permission to use 415 Franklin Street for a sign be, and No. 106 hereby is approved. B Grant – D Blando – Haz Tree 101 Winston Rd Passed. (CCP#66 Sept 30,2003) AYES - 11 - NOES - 0 That the above item be and the same hereby is received and filed. No. 113 ADOPTED Dean Koby (Sonic Blinds), Petition to use 125 Cherry for No. 107 Non-Accessory Billboard Signs B. Grant-B. Waker-Haz. Trees- 14 Comstock Ave. (Item No. 85, C.C.P.,, Mar. 4, 2003) (CCP#67-Sept. 30, 03) (Item No. 132, C.C.P., July 22, 2003) That the above item be and the same hereby is received That the above item be and the same hereby is received and and filed. filed ADOPTED ADOPTED No. 108 No. 114 Tree Root Damaged Sidewalk- 101 Easton (PW) B. Davis-D. Watts-Hampton Inn-Projecting Directory (CCP#37-Sept. 16, 03) Sign That the above item be and the same hereby is received (CCP#48-June 10, 03) and filed. That the above item be and the same hereby is received ADOPTED and filed. ADOPTED No. 109 B. Grant-Haz. Sidewalk-101 Easton (#84, 9/2) No. 115 (CCP#130-Sept. 30, 03) C. Fisher-E. Washington-Rename Corners of Fill That the above item be and the same hereby is received more/Jefferson-Deacon and filed. Donald R. Speed ADOPTED (CCP#90-July 22, 03) That the above item be and the same hereby is received No. 110 and filed. Hartford Paving Corp. - Reconstruction of Hertel - ADOPTED Delaware Avenues (Item No. 75, C.C.P., Sept. 30, 2003) No. 116 That the above item be, and the same hereby is returned B. Davis & R. Diina-W. Slater & O-Req. Update of Traffic to the Common Council without recommendation. Ordinance Mrs. Grant Moved: (CCP478-Sept. 30, 03) That the above item be and the same hereby is referred B. Davis-B. Gordon & O-Concerns-CondItions-Johnnie to the Special Committee on Taxicab and Livery Ad Hoc. B. Wiley Sports Pavilion ADOPTED Playground (CCP4107-Sept. 2, 03) No. 117 That the above item be and the same hereby is referred Appointment of Member to the Buffalo Board of Parking to the Committee on Finance, (Item No. 1, C.C.P., Sept. 30, 2003) ADOPTED That the appointment of Richard J. Baumann, residing at 34 Devereaux Avenue as a member of the Buffalo Board of Community Development Parking for a term expiring March 31, 2006, be and it hereby (Antoine M. Thompson, Chairman) is approved. Passed No. 125 AYES - 11 - NOES - 0 Transfer of Title - Urban Homestead Program - 53 Walter (Item No. 7, C.C.P., Sept. 30, 2003) No. 118 Mr. Thompson moved that the above item be Appointment of Member to the City Planning Board recommitted to the Committee on Community Development. (Item No. 2, C.C.P., Sept. 30, 2003) ADOPTED That the appointment of Frank A. Manuele, Ph.D., residing at 52 Summit Avenue as a member of the City RESOLUTIONS Planning Board for a term commencing on October 9, 2003 and expiring October 9, 2006, be and it hereby is approved. Resolution Passed No. 126 AYES - 11 - NOES - 0 By Mr. Bonifacio Re: Extend Push Cart Vending Pilot Project on No. 119 Connecticut Street Used Car Dealer - 1193 Jefferson Avenue Whereas: The City of Buffalo authorized the implementation (Item No. 36, C.C.P., Mar. 4, 2003) of a Push Cart Vending Pilot Project from May I though Mr. Fontana moved that the above item be recommitted to October 1, 2003, within the Connecticut Street boundaries, the Committee on Legislation to be governed by the Connecticut ADOPTED Street/New World Street Market Task Force in cooperation with the City of Buffalo (No. 136 CCP 2-18-03 ))-,and No. 120 Whereas Based on community interest, and the lessons Used Car Dealer - 337 North Ogden learned during, the first year of the pilot project, there is (Item No. 68, C.C.P., July 22, 2003) great interest in extending the Pilot Project for an additional (Item No. 124, C.C.P.,' Sept. 30, 2003) year as authorized by the enabling Common Council action Mr. Fontana moved that the above item be recommitted to as previously cited; and the Committee on Legislation Now, Therefore Be It Resolved: ADOPTED That the City of Buffalo hereby authorizes the extension of the Push Cart Vending Pilot Project on Connecticut Street No. 121 until December 31, 2004, at which time the status of the Used Car Dealer License - 2058 South Park project will be reevaluated. (Item No. 72, C.C.P., July 2~, 2003) PASSED (Item No. 126, C.C.P. Sept. 30, 2003) AYES - 11 - NOES - 0 Mr. Fontana moved that the above item be recommitted to the Committee on Legislation Resolution ADOPTED No. 127 By Mr. Bonifaclo No. 122 Re: Memorialize New York State to Amend NY Used Car Dealer - 2186 South Park Avenue Local Finance Law § 11.00 (12-a) to Allow (Item No. 7 1, C.C.P., July 22, 2003) Municipalities to Use Bond Funds for the (Item No. 127, C.C.P.,"Sept. 30, 2003) Emergency Demolition of Private Properties Mr. Fontana moved that the above item be recommitted to Posing Significant Risk of Harm to Public the Committee on Legislation Safety and Welfare ADOPTED Whereas NY Local Finance Law § 11.00 (12-a), "Demolition of Buildings," allows municipalities to borrow for the No. 123 "demolishing of any municipally owned structure or building, Used Car Dealer - 740 Walden Avenue or any building or structure owned by a school district or (Item No. 42, C.C.P., Sept. 30, 2003) district corporation, whenever the same is no longer of any That pursuant to Chapter 254 of the City Code, the use or value or has become dangerous or detrimental to Commissioner of Pen-nit & Inspection Services be, and he human life, health or safety;" and hereby is authorized to grant a Used Car Dealer license to Whereas: The limitations of this law to "municipally owned," John Tsakos d/b/a Walden Automart Sales & Services Inc. and "school district owned" is predicated in the New York located at 740 Walden Avenue. State Constitutional debt restrictions that limit municipalities Passed. and school districts to incurring debt for a public purpose; AYES - 10 - NOES – 1 and AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Whereas: The City of Buffalo is empowered and obligated Franczyk, Golombek, Grant, Martino and Thompson under its own law and authorized under New York State Law NOES - Pitts to remedy through demolition those properties presenting dangerous or hazardous conditions and posing risk of harm No. 124 to public safety. See § 103 ) of the City of Buffalo Charter JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC and Code; and WORKS, STREETS AND PARKS AND MICHAEL A. Whereas: Although, the City of Buffalo is entitled and often SEAMAN, DIRECTOR OF BUDGET, hereby certify that the successful in recouping its costs from the private property above change is necessary for the proper conduct, owner, or the owner's insurance company, the City of Buffalo administration and performance of essential services of that however is required in many cases to provide the initial costs department. We recommend that the compensation for said for these demolitions at taxpayer expense. Additionally, in position be fixed at the respective amount set forth in the many cases the City is unable to recover any costs due to foregoing ordinance. the abandonment of the property, and That a personnel requisition incident to the creation of the Whereas: Because the City of Buffalo is restricted from using above-mentioned position, containing a statement of the its bond funds for emergency demolitions and the reality that duties for such position, has been filed with the Municipal the City has little to no available funds for demolition activity Civil Service Commission, and said Commission has in the General City Budget, the City is forced to rely almost approved and certified the position title set forth in the solely on its limited CDBG funds for foregoing ordinance as being the appropriate Civil Service emergency demolitions of private properties; and title for the proposed position. Whereas: Because of these fiscal constraints, the City of PASSED Buffalo has been unable to keep up with its obligation to AYES - 11 - NOES - 0 demolish properties posing dangerous and hazardous risks to public safety and it is therefore essential that the City of Resolution Buffalo have the ability to utilize additional funding sources No. 129 to address these problems; and By: Mr. Davis Whereas: Effectively remedying those properties that pose Re: Permission to hang banners significant risk of harm to public safety through demolition Whereas: The Adult Education Division of Buffalo Public will ultimately create long-term savings to the City of Buffalo Schools respectfully requests permission to erect banners in terms of future fire, police, building inspection, and other on approximately five lamp-posts on Edward Street; and City costs relating to the problems these properties cause in Whereas: The Adult Education Division, cooperation with City neighborhoods- and Erie Community College, will soon commence its newest Now, Therefore Be It Resolved: workforce development initiative, the Career Collegiate That the City of Buffalo strongly contends that the Institute (CCI); and emergency demolition of those properties so declared as Whereas: The banners will depict attractive Career posing significant risk to public safety serves a legitimate Collegiate Institute signage; and public purpose, and therefore the use of current or future Whereas: The Career Collegiate Institute is an exciting pilot bond funds for such activities is within the scope and program geared toward providing out-of-school youth with a purpose of the New York State Constitutional debt comprehensive set of services to help students gain restrictions, and should therefore be allowed to take place academic credentials, employment and college enrollment for the public well-being of the citizens of Buffalo; and through alternative pathways. Be It Further Resolved: Now, Therefore, Be It Resolved: That the City of Buffalo hereby memorializes New York State That the Adult Education Division of Buffalo Public Schools to amend NY Local Finance Law § 11.00 (1 2-a) to allow be granted permission to hang five street banners on municipalities to utilize bond funds for the emergency Edward Street; and demolition of privately-owned properties posing significant Be It Further Resolved: risk of harm to the public safety and welfare; and That said banners will hang from November 3, 2003 through Be It Finally Resolved: November 2004;and That certified copies of this resolution be forwarded to each Be It Finally Resolved: member of the Western New York Delegation of the New That the banner meets all the requirements of pertinent City York State Legislature requesting their assistance in passing departments and that no existing laws are violated. That the necessary amendment(s) to NY Local Finance Law § certified copies be sent to the applicant with the phone 11.00 (12-a) in aid of the City of Buffalo and its citizenry. number of Joseph N. Giambra, Commissioner of Public ADOPTED Works, Parks and Streets. ADOPTED No. 128 BY: MR. COPPOLA Resolution SALARY ORDINANCE AMENDMENT No. 130 DIVISION OF WATER By: Brian C. Davis 37 - DEPARTMENT OF PUBLIC WORKS Re: Permission to hang colorful banners 1371 - INTAKE Whereas: Catholic Charities of Buffalo, NY will mark its The Common Council of the City Of Buffalo does ordain as incorporation as the human service arm of the Catholic follows: Diocese of Buffalo on October 23, 2003;and That part of Section 1 of Chapter 35 of the Code of the City Whereas: Catholic Charities, celebrating its 801h of Buffalo, relating to 37 - Division of Water 1371-Intake, anniversary, is requesting permission to hang colorful which currently reads: banners from six light poles in the area of 525 Washington 1 MEM Maintenance Supervisor I $ 35,035 - $ Street; and 40,823 Now, Therefore, Be It Resolved: Is hereby amended to read: That the Common Council of the City of Buffalo grants 1 Motor Equipment Mechanic $ 28,999 - $ permission to the Catholic Charities of Buffalo, NY to hang a 32,661 banner advertising their anniversary; and IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Be It Further Resolved: Charter, that the immediate passage of the foregoing That said banner will hang from October 17, 2003 through ordinance is necessary. October 27, 2003;and Be It Finally Resolved: That the banner meets all the requirements of pertinent City Whereas: The agreement was predicated on the fact that departments and that no existing laws are violated. both locations were necessary to provide necessary police ADOPTED coverage and service to the residents within the boundaries of the C policing district; and, Resolution Whereas: This Council entered into an agreement with the NO. 131 Masiello Administration in 1997 to staff the C District Lovejoy By: Brian C. Davis Station as follows: one (1) Captain, six (6) Lieutenants, and Re: Free Trade and Tariffs at or around seventy (70) police officers; and, Whereas: Americans were led to believe that free trade Whereas: This agreement was to bring to a close an issue would allow access to less expensive consumer goods and which, as stated in the original agreement, consumed the therefore improve our standard of living; and Department since 1972 when Cresap, McCormack and Whereas: Two things all countries must have if they are to Paget recommended replacing precincts with five (5) prosper: strong agriculture and a strong manufacturing base, districts; and, which are eroding to the point of collapse; and Whereas: This reorganization differed from the creation of Whereas: In recent years, for the three-fourths of the U.S. the four other districts in that two facilities were to be used labor force that lack college degrees, the effect of free trade for operations; and, has been a lower standard of living for most; and Whereas: Referring to the C District Lovejoy Station, the Whereas: The official government unemployment rate is at 1997 Agreement reads, "after much deliberations it is 6.1 percent and increasing; over 9 million are unemployed apparent that this is the best course of action for a number and the number of underemployed is also significant; and of reasons including, but not limited to, the fact that the C Whereas: Since 2000, 2.7 million manufacturing jobs, or one District Accounts for over thirty (30%) percent of priority one in every six in this country, have disappeared; they paid an (1) and (2) calls, and over twenty-six (26%) percent of total average wage of $54,000; and calls for service city-wide; and, Whereas: In an effort to stimulate the economy and create Whereas: The area within the boundaries of the C Policing jobs, the government has lowered the interest rate to about I District accounts for over twenty-seven (27%) percent of city percent, the lowest in 45 years causing a significant wide arrests and over twenty-five (25%) of citywide Part I reduction in the standard of living for retired Americans and Crimes; and, others living on savings; and Whereas: The size requirement of the C District Building at Whereas: American jobs are being exported, and cheap Ferry & Fillmore was less at the time it was constructed, labor, in the form of illegal immigrants, is being imported; given that the C District Lovejoy Station would house and policing operations in that district. Whereas: The export of jobs under the guise of free trade, a Now, Therefore, Be It Resolved: deliberately devalued currency, open borders, huge That the Common Council is opposed to the closing of the C government deficits, all-time record trade deficits, and the District Lovejoy Station. consolidation of wealth in fewer hands are all combining to Be It Further Resolved: destroy our standard of living. That the Common Council requests from the Department of Be It Finally Resolved: Law, a formal opinion addressing the question, whether or That the Common Council of the City of Buffalo hereby not the Mayor and the Police Commissioner can legally act declares that free trade is pulling down the standard of living to breach the 1997 agreement without the approval of this of the citizens of Buffalo; an Council. Be It Further Resolved: Be It Further Resolved: That this Common Council urges the Western N.Y. That the Commissioner of Police keep the C District Lovejoy Congressional delegation to replace free trade with fair trade Station open and operational as agreed upon in the as a guiding principle in our trade relations; and aforementioned 1997 agreement. Be It Finally Resolved: Therefore, Be It Finally Resolved: That the City Clerk be directed to forward certified copies to That a certified copy of this resolution be sent to Mayor the President of the United States, Senator Hillary R. Anthony M. Masiello, Police Commissioner Rocco Diina, and Clinton, Senator Charles Schumer, Governor George Pataki, the Corporation Counsel. to Assembly Speaker Sheldon Silver, to the Clerk of the PASSED Assembly, to Assembly Majority Leader Paul Tokasz, to the AYES - 11 NOES - 0 Secretary of the Senate, to Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative NO. 133 delegation. BY MR. FRANCZYK ADOPTED ABATEMENT OF UTILITY CHARGES BROADWAY MARKET NO. 132 Whereas: The Broadway Market is Listed among the BY: MR. FONTANA, MRS. LOTEMPIO, MR. PITTS, MR. accounts in item No 14, CCP, June 24, 2003) to be abated FRANCZYK as uncorrectable; and PRECINCT 11 - C DISTRICT CLOSURE Whereas: That list has been amended by item No 16, CCP Whereas: In a 1997 agreement reached between Police July 8, 2003, and Commissioner R. Gill Kirlikowski, Mayor Masiello, and this Whereas: Though there is a desire for further discussion on Council, the final portion of the police consolidation plan was this item, there is agreement that the accounts regarding the agreed upon; and, Broadway Market should be abated. Whereas: The unanimous agreement called for the Now Therefore be it resolved construction of a new C District police precinct at East Ferry That the Comptroller is hereby authorized to abate the utility Street and Fillmore Avenue. Given the C District Station's charges of the Broadway Market Management Corporation location in the comer rather than centrally located within the as provided in item No 14, CCP June 24, 2003 patrol district, it was deemed necessary to keep Precinct 11, PASSED the C District Lovejoy Station open; and, AYES- 11 NOES-0 AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, NO. 134 FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO, BY: MESSRS. GOLOMBEK AND FRANCZYK PITTS – 10 NOES – THOMPSON - 1 MORATORIUM ON SURFACE PARKING LOTS Whereas: The City of Buffalo, considered one of the world's NO. 136 greatest cities at the beginning of the 20'h Century, is home BY: MRS. GRANT to some of the most impressive examples of the work of this INCREASED APPROPRIATION nations most renowned architects. Many of these buildings PUBLIC WORKS are located in the Downtown area, which is also the home of WATER a less than impressive, yet notoriously sizable collection of That pursuant to §20-11 of the Charter and the Certificate surface parking lots; and of the Mayor and the Comptroller submitted to the Common Whereas: The proliferation of the automobile has combined Council, the appropriation in the budget for the current fiscal with unabated sprawl to create an unending and ever year for Appropriation Allotments for Water, be and the same increasing demand for parking by some that have not hereby is increased in the sum of $22,000.00. considered the far reaching affects of the continuous and That the Comptroller be and hereby is authorized and uncoordinated expansion of parking in the downtown area; directed to increase the Water Board account estimate as and set forth below: Whereas: For many years Buffalo moved to answer the calls From: for additional parking 'in the downtown area - parking that 53371090 - 391052 Transfer from Water Board $22,000 was to stabilize the business community in the area. To meet the increased appropriation as set forth below: However, as the city dismantled integral parts of its To: architectural heritage by demolishing buildings for parking 53003607 - 474200 Water Board Capital Outlay – Vehicles spaces, businesses continued to leave the urban core. $22,000 Parking is the "go to" excuse for businesses visiting to leave PASSED the city *in favor of suburban locations offering financial AYES - 11 NOES - 0 incentives.; and Whereas: Surface level parking lots filled with automobiles NO. 137 do not encourage pedestrian traffic, nor do they promote the BY: MRS. GRANT urban living experience. Even though some experts have TRANSFER OF FUNDS repeatedly concurred that there currently exists adequate RESERVE FOR PLANNING CAPITAL PROJECTS parking space in the downtown area, the City of Buffalo must CAPITAL PROJECTS be proactive in establishing design requirements for those That pursuant to §20-12 of the Charter and the Certificate cases where additional parking is 'involved. of the Mayor and the Comptroller submitted to the Common Now, Therefore, Be It Resolved: Council, the sum of $520,000 be and the same is hereby In order to preserve the historical heritage and protect the transferred from Planning for Capital Projects account and urban living experience of the area, this Common Council said sum is hereby reappropriated as set forth below: calls for an immediate moratorium on the approval of new From: surface parking areas for downtown; and 30000106 - 445 100 Planning for Capital Projects $520,000 Be It Further Resolved: To: That this Honorable Body does hereby go on record in 31460006-445 100 Tifft Street Greenway $ 50,000 support of extending the Metro Rail east past HSBC arena 31655806-445100 Continuing GIS Development $ 50,00 for a distance adequate to serve the Cobblestone District. 31751406-445 100 Ferry Street Lift Bridge $ 75,000 This will provide access to the ample parking areas located 3 1470006-445 100 Grider Street Reconstruction $100,000 in the district as well as spurring some economic growth- 31450006-445 100 North Buffalo Rails to Trails $ 50,000 and Traffic Sienal Improvements: Be It Finally Resolved: 31959906-445 100 Bailey Avenue $40,000 That copies of this resolution be distributed, for comment, to 31960106-445 100 Elmwood/Chippewa $40,00 the entire delegation of federal, state and county elected 31960206-445100 Amherst Street $40,00 officials serving Buffalo and Erie County. 31960306-445100 Genesee Street $40,000 REFERRED TO THE COMMITTEE ON LEGISLATION 31960406-445 100 Buffalo City Wide $35,00 Total $520,000 NO. 135 PASSED BY: MRS. GRANT AYES - 11 NOES - 0 INCREASED APPROPRIATION DEPARTMENT OF POLICE NO. 138 That, Pursuant to §20-11 of the Charter and the Certificate BY: MRS. GRANT of the Mayor and the Comptroller submitted to the Common TRANSFER OF FUNDS Council, the appropriation in the budget for the cur-rent fiscal COMMON COUNCIL - LEGISLATIVE year for Appropriation Allotments Department of Police - That pursuant to §20-12 of the Charter and the Certificate Legal Services, be and the same hereby is increased in the of the Mayor and the Comptroller submitted to the Common sum of $40,000. Council, the sum of $5,000 be and the same is hereby That, the comptroller be and hereby is authorized and transferred within Common Council Legislative and said sum directed to increase the revenue estimate of account: is hereby reappropniated as set forth below: From: From; 10200030 - 364000 - Department of Police General City 10103001 - 415001 Auto Allowance $2,00 Revenue - Deposit of Unclaimed Property $40,000 10 103001 - 411001 Salaries -Regular $3,000 To meet the increased appropriation as set forth below: To: To: 10102001 - 412002 Hourly Salary $5,000 12000006 - 432003 - Police - Legal Services $40,000 PASSED PASSED AYES - 11 NOES – 0 the mayor or by any general law, local law, ordinance or federal or state law. NO. 139 Section 2. Insofar as the provisions of this local law are BY: MRS. LOTEMPIO inconsistent with the provisions of any other local law or act, CITY OF BUFFALO the provisions of this local law shall be controlling. LOCAL LAW NO. _ (2003) Section 3. This local law shall take effect immediately. INTRODUCTORY NO. 12 (2003) APPROVED AS TO FORM A LOCAL LAW amending the Charter of the City of Buffalo Corporation Counsel in relation to the powers of the Commissioner of Permit and NOTE: Matter in brackets to be Inspection Services deleted; matter underlined is new. BE IT ENACTED BY THE COMMON COUNCIL OF THE REFERRED TO THE COMMITTEE ON LEGISLATION CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Seventeen of the Charter of the City NO. 140 of Buffalo, adopted pursuant to law, is hereby amended as BY: MRS. LOTEMPIO follows: EXCUSE COUNCILMEMBER GRAY FROM COUNCIL § 17-2. Commissioner of Pen-nit and Inspection Services; MEETING. Duties and Powers. Whereas: Councilmember Beverly Gray will be unable to The commissioner of permit and inspection services shall: attend the (a) Supervise, manage and be responsible for the affairs of Council meeting on Tuesday, October 14, 2003, the department of permit and Now, Therefore, Be It Resolved: Inspection services, including all matters related to permits That the Common Council excuses Councilmember Beverly and inspections, housing, and demolitions [, development Gray from attending the Tuesday, October 14, 2003, and real estate]. The commissioner shall lead a customer- Common Council meeting. focused Rosemarie LoTempio Department to encourage and facilitate private development ADOPT within the city. For purposes of this article, the term "permit" shall be deemed to include a license, unless otherwise NO. 141 indicated by the context; BY: COUNCILMEMBERS LOTEMPIO, PITTS, GRAY, (b) Have charge of all applications to the city or its FISHER, COPPOLA, DAVIS, FRANCZYK, FONTANA, departments, officers or agencies for permits for the THOMPSON, BONIFACIO, GOLOMBEK, MARTINO AND construction or remodeling of all non-public buildings or GRANT other structures within the city, including without limitation, REQUEST COUNTY EXECUTIVE GIAMBRA TO SHARE the review of all plans and designs. The commissioner shall MEDICAID RELIEF WITH THE CITY OF BUFFALO have charge of all other permits and all inspections for which Whereas: The eight percent State Sales Tax generated in he is made responsible by this charter, the city code, or any Erie County is distributed as follows: statute, local law or ordinance. The commissioner shall be 4% goes to New York State 3% is shared between Erie responsible for all property code enforcement programs, County, and municipalities and school districts within the including housing code violations and matters relating to County I% is given exclusively to the County government; multiple dwellings; plumbing, electrical and combustion and inspections; and bingo games and premises inspections; Whereas: The 8th penny was first given to the County in (c) Develop and implement a unified, streamlined system for 1985 to help the County pull out of a fiscal crisis by paying the review and processing of all applications for the off $75.7 million in bonds over a ten year period; and construction or remodeling of all buildings or other structures Whereas: The bonds have long since been paid off, and the within the city utilizing, where practicable and appropriate, County now uses the sales tax revenue to fund operating the best practices of municipalities throughout the United expenses; and States; Whereas: The County has realized $1.6 billion in revenue (d) Appoint, and at pleasure may remove, a deputy from the 8th penny since its inception; and commissioner of permit and inspection services; Whereas: County Executive Joel A. Giambra has stated that (e) Have charge of all demolition work; rising Medicaid costs prevent him from sharing the 8th penny (f) Represent the city in all housing court proceedings; of the sales tax with the City of Buffalo; and (g) Appoint, and at pleasure may remove, plumbing Whereas: On August 27, 2003, Mr. Giambra was quoted in inspectors as provided in section 48 of the general city law the Buffalo News as stating "For every dollar we can save in or successor statutes; terms of Medicaid relief, I'll share half with the city"; and Performing the duties of administering and enforcing the Whereas: The Buffalo News announced on October 10, provisions of the zoning chapter of the city code, including 2003, that New York State has written off $12.9 million in granting permits and certificates of occupancy and Medicaid funding it had given the County for several conducting all inspections required by that chapter; programs dating to 1992; the County will no longer be on the (i) Have charge of issuing, transferring, renewing, revoking, hook for this debt; and suspending and canceling all licenses and permits, the Whereas: On the same date, the News ran an article stating collection of fees and the coordination of necessary that under pending federal legislation, Eric County could inspections in connection therewith; expect a "huge" cut in its spending on Medicaid prescription 0) Oversee all housing and building construction and drugs, which totaled $36.7 million this year; and rehabilitation, code enforcement and rehabilitation Whereas: The House-Senate Conference Committee has assistance. agreed on this measure, which will provide poor seniors with (k) Direct or cause to be torn down, blown up or otherwise. drug coverage under the federally funded Medicare program, destroyed on an emergency basis, any building or buildings rather than through Medicaid, which is funded in part by which he or she deems to be an immediate threat to the states, that in turn can pass the costs on to counties; and health, welfare and safety to the public; Whereas: This measure is slated to take effect in 2006, [(k)] (D Exercise such other powers and perform such other when New York State and its counties could split an duties as may be conferred or imposed upon him by this estimated $460 million dollars in savings; and charter, as the same may be amended from time to time, by Whereas: This fiscal year, the City of Buffalo is facing severe EXCUSE COUNCILMEMBER LOTEMPIO FROM COUNCIL cuts in school programs, the closing of 3 fire companies, the MEETING. layoff of 156 City workers, and deep cuts in the Inspections Whereas: Councilmember Rosemarie LoTempio will be Division; and unable to attend the Council meeting on Tuesday, October Whereas: After all the cuts, the City would still need to 14, 2003, borrow $8.2 million through the Buffalo Fiscal Stability Now, Therefore, Be It Resolved: Authority (BFSA) to pay for City operating expenses under That the Common Council excuses Councilmember the Mayor's Four Year plan; and Rosemarie LoTempio from attending the Tuesday, October Whereas: Despite these measure, the City of Buffalo will be 14, 2003, Common Council meeting. forced to cut even deeper next year unless increased ADOPTED revenues are found; and Whereas: When State Comptroller Allen Hevesi called for NO. 144 the creation of the BFSA, he acknowledged that the City of BY: MR. PITTS, MRS. LOTEMPIO Buffalo could not reach fiscal health by cuts alone, and that a ALTERNATIVE TO THE MAYOR'S REVISED PLAN - FIRE growing revenue source for the City must be identified; and DEPARTMENT Whereas: This fiscal crisis is destabilizing the core city of our Whereas: As a result of the Buffalo Fiscal Stability region and threatens to spiral out of control as reduced Authority directive to the Mayor to submit a revised plan the services drive residents to the suburbs or out of the region City will forego the benefits of its initial fire re engineering entirely; proposal and close companies and reduce the number of Now, Therefore, Be It Resolved That: firefighters; This Common Council requests County Executive Giambra and to share with the City of Buffalo half of the $12.9 million Whereas: Fire Commissioner Calvin Worthy has offered an savings in Medicaid funding that will no longer be due to alternative to closing certain companies; New York State; and Now, Therefore, Be It Resolved That: Be It Further Resolved That: The Buffalo Common Council approve the Fire This Council requests Mr. Giambra to file plans for sharing Commissioner recommendation to: Relocate Rescue I and the Medicaid savings that are slated to accrue from moving HazMat I from Jefferson Avenue and Kingsley Street to drug coverage for poor seniors from Medicaid to the Broadway and Monroe with Engine 3. (it' original location) federally funded Medicare program. Be It Further Resolved That: REFERRED TO THE SPECIAL COMMITEE ON BUDGET Implementing this relocation would be more conductive to AND ERIE COUNTY LEGISLATOR training. James W. Pitts NO. 142 REFERRED TO THE COMMITTEE OF THE WHOLE BY: MR. PITTS RE: REQUEST AUDITS OF ADELPHIA CABLE NO. 145 Whereas: The City of Buffalo's franchise agreement with BY: MR. THOMPSON Adelphia Communications is due to expire in December ENFORCEMENT OF CITY TAX CODES AND 2005; and REGULATIONS Whereas: The City has begun the cable franchise renewal WHEREAS Thousands of owners of residential parcels in process, the specific procedures for which are detailed in the City of Buffalo live outside of the City and Section 626 of the Cable Act; and WHEREAS Hundreds of these city parcels are vacant, Whereas: An important part of this process is determining dilapidated, or abandoned, winch significantly contributes to whether the cable company has lived up to all of its financial neighborhood blight, higher than average rates of crime, and obligations to the City: and reduced property values; and Whereas: Another essential task is to conduct an in-depth WHEREAS. Because these properties arc poorly maintained evaluation of the cable company's technical capability to by their owners, and in many cases abandoned, local provide a high level of state-of-the-art services to Buffalo's governmental entities or banking institutions have placed cable subscribers; and fiscal penalties.. such as liens, on these parcels; and Whereas: In the past the Communications Division of the WHEREAS. The City of Buffalo forecloses on hundreds of New York State Public Service Commission has provided these parcels each year and then offers them for sale at the such services at no additional cost to the City, and its efforts City's annual foreclosure auction; and have helped produce tremendous benefits for the City of WHEREAS. Despite the threat of foreclosure, liens, and Buffalo; other penalties, many property owners who reside outside of Therefore be it resolved: the City's jurisdiction have largely abandoned their city That this Common Council requests that the properties and ignored the penalties, fiscal and Communications Division of the New York State Public otherwise, placed on the property, which further contributes Service Commission conduct financial and technical audits to the deterioration of city communities and neighborhoods; of Adelphia cable system in the City of Buffalo NY; and and Be it further resolved: WHEREAS. In 1997, an attempt to curb the actions of these That the City Clerk certify the passage of this resolution and city property owners, Assemblyman Sam Hoyt sponsored forward a copy to: legislation to allow the City of Buffalo to seek judgements Chad Hume, Deputy Director against landlord's non-city property for failure to pay city Office of Communications taxes; New York State Public Service Commission Now BE IT THEREFORE RESOLVED: Coming Tower Office Building That The Common Council of the City of Buffalo supports ADOPTED measures designed to enforce local housing and community ordinances that maintain and insure healthy, safe, viable NO. 143 neighborhoods throughout the City of Buffalo; and BY: MR. PITTS BE IT FURTHER RESOLVED That this honorable body supports regulations, policies, and and procedures that would extend and enforce liens and other WHERFAS Pastor William A. Bunton Jr. is the loving legal judgements against city property owners' assets that husband of Wanda Bunton and the devoted father of one are outside of the City's jurisdiction to ensure these owners daughter and four sons; and fully comply with city tax codes and requirements; and WHEREAS Through his leadership, vision, and dedication, BE IT FINALLY RESOLVED: the Antioch Baptist Church has become a more visionary That certified copies of this resolution be forwarded to the and loving congregation, advising those who are lost, Mayor of Buffalo, the Western New York Delegation, and the nurturing those who are unfulfilled, and establishing bonds in New York State delegation, 7"~District Legislator Demone A. places previously untouched; and Smith, 3rd District Legislator George Holt the Erie County WHEREAS. An active and committed community member, Executive, and the Sheriff of the County of Eric. Pastor William A. Bunton Jr. is a member of the Minister’s REFERRED TO THE COMMITTEE ON LEGISLATION AIliance of Buffalo, the National Baptist Congress of Christian NO. 146 Education, and the National Baptist Convention, and BY: MR. THOMPSON AND MR. THOMPSON WHEREAS. Pastor William A. Bunton Jr. has a weekly radio OPPOSE CDBG PUBLIC SERVICE REDUCTION TO 12% broadcast television ministry, and a 24 hour prayer line Whereas: The City of Buffalo is among the nation's Top 10 which services parishioners anywhere at anytime and poorest cities and has one of the highest child poverty rates WHEREAS In honor of Pastor Bunton Jr., The Antioch in America; and Baptist Church has respectfully requested that this Whereas: Buffalo has some of the oldest housing stock in Honorable Body designate the section of Fillmore Avenue America, in addition to leading the nation with high rates of from Urban Street to East Utica Street; and lead poisoning in private housing; and Now Therefore Be It Resolved That. Whereas Buffalo also has one of the highest rates of The Common Council of the City of Buffalo does hereby teenage pregnancy in New York State and one of the approve the Antioch Baptist Baptist Church's request to fastest growing rates of infection for RIV and AIDS in the implement a trailblazing sign for the section Fillmore Avenue United States; and from Urban Street to East Utica Street. Whereas: The Public Service portion of the Community REFERRED TO THE COMMITTEE ON LEGISLATION Development Block Grant program provides communities ANFD THE COMMISSIONER OF PUBLIC WORKS throughout Buffalo, particularly high poverty neighborhoods with needed services for the youth, elderly, and NO. 148 economically challenged, and BY MR. THOMPSON Whereas: The proposed reduction by the City of Buffalo's FELICITATIONS/IN MEMORIAM administration to cut Public Service Funding through the Attached hereto are Felicitation and In Memoriam CDBG program would reduce funding to neighborhoods and Resolutions sponsored by Members of the Common Council community organizations at a time when the problem of as indicated: crime, poverty, and unemployment are increasing in Buffalo; Felicitation for Greater Emmanuel Temple and By Councilmember Pitts Michaux Whereas: It Is important to note that I in 4 residents of Felicitation for HBO Champion Boxing Buffalo live in poverty, In some Buffalo neighborhoods more By Councilmember Coppola, Fontana, Pitts, Michaux than 50% of the households are on some form of public ADOPTED assistance and do not have an automobile in the home. Federally funded programs represent a beacon of hope for NO. 149 many people in socially and economically challenged BY: ANTOINE M. THOMPSON neighborhoods and communities; APPOINTMENTS COMMISSIONERS OF DEEDS Now, Therefore, Be It Resolved: REQUIRED FOR THE PROPER The Buffalo Common Council opposes the reduction of the PERFORMANCE OF PUBLIC DUTIES Community Development Block Grant Public Service Cap That the following persons are hereby appointed as from 15% to 12%. This would have a negative impact on Commissioner of Deeds for The term ending December 31, community agencies and neighborhoods throughout the City 2004, conditional upon the persons so appointed certifying of Buffalo; and under oath to their qualifications and filing same with the City Be it Further Resolved: Ball, Timothy That Certified copies of this resolution be sent to the WNY Total 1 federal delegation, the WNY HUD office, the NYS District ADOPTED Director of HUD, and the U.S. Secretary of HUD. ADOPTED NO. 150 ANNOUNCEMENT OF COMMITTEE MEETINGS NO. 147 The following meetings are scheduled. All meetings are BY: MR. THOMPSON held in the Common Council Chambers, 13 1h floor City TRAILBLAZING SIGN REQUEST FOR PASTOR Hall, Buffalo, New York, unless otherwise noted. WILLIAM A. BUNTON Regular Committees WHEREAS Pastor William A. Bunton Jr. was born on June Committee on Civil Service Tuesday, October 21, 2003 at 4, 1935 in Union Valley to William A. Bunton Sr. and Velma 9:30 o'clock A.M. L. Bunton; and Committee on Finance Tuesday, October WHEREAS. As the youngest of our siblings, Pastor William 21, 2003 at 10:00 o'clock A.M. A. Bunton Jr. attended Arkansas Public Elementary Schools following Civil Service and graduated from an Arkansas Public High School; and Committee on Legislation Tuesday, October WHEREAS: In preparation of fulfilling his lifetime goal of 21, 2003 at 2:00 o'clock P.M. ministering God's words, Pastor William A. Bunton Jr. Committee on Comm. Dev. Wednesday, October 22, 2003 attended Western Theological Seminary and Kansas City at 10:00 o'clock A.M. Junior College; Committee on Education Wednesday, October 22, 2003 at 2:00 o'clock P.M. Special Committees Budget Thursday, October 16 & 23, 2003 at 10:00 o'clock A.M. in Room 1417 City Hall. Bi-National Bridge Thursday, October 16, 2003 at 2:00 o'clock P.M. in Room 1417 City Hall. MBEC Monday, October 20, 2003 at 10:00 o'clock A.M. in Room 1417 City Hall. Public Hearing Budget Thursday, October 16, 2003 at 7:00 p.m. on the 1% Sales Tax in the Council Chambers. (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. 151 ADJOURNMENT On a motion by Mr. Fontana Seconded by Ms. Grant the Council adjourned at 4:20 CHARLES L. MICHAUX, III CITY CLERK