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Home My WebLink About03-0902 No.16 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 2, 2003 TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty MAYOR Jean Grant, Joseph Golombek Jr.; Members Hon. Anthony M. Masiello BUDGET COMMITTEE: Rosemarie LoTempio , ACTING COMPTROLLER Chairman, Richard Fontana, Mary M. Martino, James W. Pitts Andrew Sanfilippo ERIE BASIN MARINA LEASE COMMITTEE: James COMMON COUNCIL W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., PRESIDENT OF THE COUNCIL Charley H. Fisher III, Joseph Golombek Jr. James W. Pitts POLICE REORGANIZATION COMMITTEE: Dominic J. PRESIDENT PRO TEMPORE Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, Richard A. Fontana David A. Franczyk, Mary Martino, Charley Fisher III. 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 Grant-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 CORPORATION PROCEEDINGS Emergency Management Office in the amount of $45,333 ($34,000 in federal funds, $11,333 as a local in-kind match). COMMON COUNCIL Passed. CITY HALL - BUFFALO AYES - 13 - NOES - 0 TUESDAY, SEPT. 2, 2003 AT 2:00 P.M. No. 3 Monthly report from the Division PRESENT - James W. Pitts President of the Council, of Citizen Services - (Mayor's Help and and Council Members Bonifacio, Coppola, Davis, Line - July 2003) Fisher, Fontana, Franczyk, Golombek Grant, Gray, Dear Members of the Buffalo Common Council: LoTempio, Martino, and Thompson - 13. Attached for your review are service calls received from the Division of City Services for July 2003, as well as, July 2002. In ABSENT - None. comparing the two July reports, following stands out: Total calls in each reporting period were about the same 3,069 On a motion by Mrs. LoTempio, seconded by ('02) Mr.Fontana, the minutes of the stated meeting held on 3,000 (‘03) July22, 2003 were approved. Housing Violation calls were down, 776 to 656 Police calls were about the same 75 to 73 FROM THE MAYOR High grass on vacant lots were significantly lower 147 to 42 Forestry was slightly higher, 131 to 148 NO. 1 Garbage calls were down, 565 to 445 FINANCIAL PLAN YEAR FOUR Tote request changes were higher 305 to 387 TABLE OF CONTENTS Rodent calls were up, 23 to 36 1) Executive Summary Broken totes were up 121 to 140 2) City Four Year Plan Stolen totes increased from 94 to 194 3) Gap Sheets User fee calls were the same at 88 4) Below Line Analyses Recycle calls dropped from 161 to 107 5) Board of Education / Mayor's Response on Board of Abandoned cars dropped from 65 to 30 Education Adjudication calls increased from 66 to 147 6) Buffalo Urban Renewal Agency (BURA) As always, I hope that you find this information to be useful. 7) Buffalo Municipal Housing Authority (BMHA) REFERRED TO THE COMMITTEE ON FINANCE 8) Appendix REFERRED TO THE COMMITTEE ON BUDGET FROM THE OFFICE OF STRATEGIC PLANNING FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 4 Abandonment and Sale FROM THE OFFICE OF CITIZEN SERVICES Flint Alley - Approximately 3,426 square feet Item No. 143, C.C.P. 2/18/03 NO. 2 In the above referenced item Your Honorable Body Pre-Disaster Mitigation (PDM) Planning authorized the abandonment and sale of Flint Alley to the Grant - Permission to enter into agreement United Sates of America, acting by and through the General This is to inform you that the City of Buffalo received a Services Administration in accordance with Article 27, Section Pre-Disaster Mitigation (PDM) planning grant from the NYS 27-4 of the City Charter. The Alley is needed to facilitate the Emergency Management Office in the amount of construction of a new United States Courthouse. $45,333($34,000 in federal funds, $11,333 as a local in-kind The Planning Board met on January 4, 2003 and approved the match). The Disaster Mitigation Act of 2000 places new abandonment and sale of the Alley. The Department of Public emphasis on mitigation planning with public participation Works, Police and Fire have also reviewed and have no requiring local governments to have an approved All-Hazard objections to the abandonment and sale. Mitigation Plan in place by Nov.1, 2003 to be eligible for future An independent appraisal of the property was conducted by funding. G.A. R. Associates. They have estimated the value of Flint A City of Buffalo Public Safety Committee, which includes a Alley to be Fifty One Thousand Dollars ($51,000.00). The City representatives from all involved City departments, including of Buffalo Appraisal Review Board met on August 21, 2003 to your Honorable Body, has been working with a state approved review the appraisal report and approved and recommends the contractor, Ecology and Environment, Inc. to develop an value of fifty-one Thousand Dollars ($51,000.00). All-Hazard Mitigation Plan as part of the City's Comprehensive The United States of America, acting by and through the Emergency Management Plan (CEMP). When approved, the General Services Administration has agreed and is prepared to plan will provide the foundation required to solicit additional pay Fifty One Thousand Dollars ($51,000.00). They have also grant funds to mitigate the potential effects of natural and agreed to pay for the cost of the appraisal, transfer tax and man-made hazards. recording fees. We are now respectfully requesting permission from your Therefore, I am recommending that Your Honorable Body, Honorable Body for the Mayor to accept the funds and to take approve the Sale of Flint Alley to the United States of America, all necessary actions required under the conditions of this acting by and through the General Services Administration in grant. Thank you for assistance in this matter. the amount of fifty-one Thousand ($51,000.00). 1 am further Mrs. LoTempio Moved: recommending that the Corporation Counsel prepare the That the above communication from the Department of necessary documents for the transfer of title and that the Mayor Disaster Preparedness dated August 26, 2003 be received and be authorized to execute the same. The official closing, the filed; and abandonment of Flint Alley does not become effective until the That the Mayor be, and he hereby is authorized to accept a deed conveying the property is filed in the Erie County Clerk's Pre-Disaster Mitigation Planning grant from the New York State Office. Mrs. LoTempio Moved: Buffalo New York 14212-1147 That the above communication from the Office of Strategic Son, Clarence Adams, Jr., Police Department, Police Officer. Planning, Division of Real Estate, dated August 27, 2003, be Jose and Gladys Rodriguez and received and filed; and Jorge and Elena Rodriguez That the offer from the United State of America, acting by and 220 West Avenue (New house to be constructed) through the General Services Administration, in the sum of Buffalo New York 14201 fifty-one thousand dollars (S5 1,000.00) for the purchase of Son-in-Law of Jorge & Elena and Brother-in-Law of Jose & Flint Alley, be and hereby is accepted; and Gladys, Francisco Guzman is employed by the That the appraisal requested by the City of Buffalo shall be paid City of Buffalo, Office of Strategic Planning by the purchaser; and Sharon LeBron That the transfer tax, recording fees and cost of legal 165 Laird Street description shall be paid by the purchaser; and Buffalo New York 14207 That the official closing, the abandonment of Flint Alley does Sharon LeBron is employed as a Housing Specialist at not become effective until the deed conveying the property is Blackrock/Riverside Neighborhood Housing Services. filed in the Erie County Clerk's Office; and RECEIVED AND FILED That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor No. 6 be authorized to execute the same, in accordance with the Consent and Memorandum of Lease - Global Crossings terms of sale upon which the offer was submitted. Use of Property Beneath the Streets Passed The Office of Strategic Planning, Division of Real Estate has AYES - 13 - NOES - 0 received the attached request from Attorney Ross L. Yusten representing Global Crossings to approve a consent and No. 5 memorandum of lease. Apparently there was a corporate CITY EMPLOYEES OR RELATIVE(S) OF CITY merge with RCI and Frontier Communications and they are EMPLOYEES RECEIVING HOUSING REHABILITATION OR now known as Global Crossings. DOWN PAYMENT / CLOSING COST LOAN FUNDS OR They are requesting that the City of Buffalo approve the NEW HOUSING SUBSIDY ASSISTANCE attached Form of Consent and Memorandum of Lease in Render & Bernice Brown reference to the Conduit Occupancy Agreement between the 184 Best Street City of Buffalo and RCI Corporation dated November 15, 1989, Buffalo New York 14209-2341 which is also attached. Daughter, Rene' Brown is employed by the Board of Education This office has forwarded the attached documents to our Law as a Teacher. Department and they have approved them as to form. I am, Shtara Redden therefore, recommending that Your Honorable Body approve 40 Sprenger Street the attached Consent and Memorandum of lease between the Buffalo New York 14211-2137 City of Buffalo and Global Crossings for the use property Aunt, Rita Frasier, is employed by the Board of Education as beneath the streets. I am also requesting that Your Honorable an Assistant Principal (Emerson) Uncle, L. Redden, is Body authorize the Mayor to execute the same. employed by the City of Buffalo - Water - position not stated. REFERRED TO THE COMMITTEE ON Louise Shaw TELECOMMUNICATIONS AND THE FFICE OF 14 Vincennes Street TELECOMMUNICATIONS Buffalo New York 14204 Brother, John Shaw, is employed as an Inspector for the Buffalo Sewer Authority. NO. 7 Alice Huthmacher Lease Request - C.R.U.C.I.A.L. Request to Continue 88 Kentucky Street To Lease the First Floor and Gym of Former School No. Buffalo New York 14204-2748 62 Son, Thomas Huthmacher, is employed by Street Sanitation as 378 Urban (a.k.a. 230 Moselle) a Truck Driver. The Office of Strategic Planning, Division of Real Estate has Mary E. Johnson been advised that a portion of 378 Urban has been deeded 588 Norfolk Ave back to the City of Buffalo by the Buffalo Urban Renewal Buffalo New York 14215-2724 Agency. The portion that has been deeded back to the City of Daughter, Joanne Hairston, is employed by the Board of Buffalo is presently being utilized by C.R.U.C.I.A.L. Education (position not stated). A new lease must be negotiated between the City of Buffalo Grandchild, Hakeem Dickson, is employed by the Board of and C.R.U.C.I.A.L. for use of a portion of this building. The Education as a Teacher's Aide-School 84, Office of Strategic Planning, Division of Real Estate, is Dorothy Pellien recommending that a new three year lease be drawn under the 22 Gunnell Street same terms and conditions as their old lease (see attachment) Buffalo New York 14216-1407 with the exception of Pagagraph No. 12 on Page 3. Paragraph Son-in-Law, Bill Leisck, Building Inspector, Dept. of 12 on Page 3 of the former lease shall be changed to read as Inspections. follows: Brian Burke/Kelly Robinson 1. Maintenance: 42 Garvey Street a) City will be responsible for capital improvements (structural Buffalo New York 14220-1408 Brother-in-Law, Dan Whalen, components and major repairs of the facility. Maintenance, Buffalo Municipal Housing Authority. b) C.R.U.C.I.A.L. will be responsible for minor repairs and Kevin & Denise Bush maintenance which includes but not limited to repairs and 62 Courtland Ave maintenance to the heating, ventiliation, plumbing, electrical Buffalo New York 14215-3919 and air conditioning and cleaning of their own space. Stepfather, Charles Jemison, Supervisor, Board of Education. I am recommending that Your Honorable Body approve a new Clarence Adams lease agreement between the City of Buffalo and 72 Paderewski Dr. C.R.U.C.I.A.L. for the use of the first floor and gym in former School No. 62 located at 378 Urban (a.k.a. 230 Moselle) to 138 Spruce, 140'S Genesee, include but not limited to the above terms and conditions. I am w/a/p 30' x 10' in Rear also requesting that Your Honorable Body authorize the Lot Size: 40'x 130' Corporation Counsel to prepare said lease agreement and that Assessed Valuation: 1,600 the Mayor be authorized to execute the same. 265 Genesee, East Cor. Ash REFERRED TO THE COMMITTEE ON FINANCE Lot Size: 25' x 100' Assessed Valuation: 2,500 NO. 8 267 Genesee, 25'NE Ash Permanent Easement for 142 Hinman Lot Size: 50' x 100' The Office of Strategic Planning, Division of Real Estate has Assessed Valuation: 5,000 received a request from Jeanette M. Stone, Paralegal for The Office of Strategic Planning, Division of Real Estate has Hiscock & Barclay representing Raymond C. Bailkowski owner received a request from Mr. James J. Contino, Attorney at Law of 142 Hinman for a permanent easement to allow him ingress on behalf of James M. Neil, Vice President of A.E.N. and egress to his home. Properties, Inc., 3155 Broadway Street, Cheektowaga, New Mr. Bailkowski is in the process of selling his home and has York 14227, to purchase the above captioned vacant lots for discovered that he does not have legal access to his property. It additional parking for the business they own and operate at 133 has been revealed that the City of Buffalo owns a 10' strip of Spruce Street (former Carton Craft Warehouse). property (138 Hinman) in front of his home. He is, therefore, The Division of Permit and Inspection Services and the requesting an easement for access to and from his home. Division of Collections have no objections to the sale. There are This office has written to Land Use Planning, Public Works, no building code violations, taxes or other liens owed to the City Parks & Streets and the Buffalo Sewer Authority and they have by the purchaser. no objections. I am, therefore, recommending that Your The Division of Real Estate has investigated the sale of similar Honorable Body approve the permanent easement request for residential and commercial properties in the subject area. Sales the property at 142 Hinman (Raymond C. Bailkowski) in the prices range from fifty cents (.50) to one dollar and fifty cents amount of One Dollar ($1.00). 1 am also requesting that Your ($1.50) per square foot. Honorable Body authorize the Corporation Counsel's Office to The results of our negotiations are that we have agreed to a prepare the necessary documents and the Mayor be authorized sales price of fifteen thousand dollars ($15,000), eighty cents to execute the same. (.80) per square foot, for the subject properties. They have also Mrs. LoTempio Moved: agreed to pay for the cost of the transfer tax, recording fees That the above communication from the Office of Strategic and cost of the legal descriptions. Planning dated August 18, 2003, be received and filed; and I am recommending that Your Honorable Body approve the sale That the Executive Director of Strategic Planning be, and he of 99 and 135 Ash, 138 Spruce, 265 and 267 Genesee Streets hereby is authorized to enter into a permanent easement in the amount of fifteen thousand dollars ($15,000) to A.E.N. between the City and Raymond C. Bailkowski for the property Properties, Inc. I am further recommending that the at 142 Hinman in the amount of One Dollar ($1.00). That the Corporation Counsel prepare the necessary documents for the Corporation Counsel be authorized to prepare the necessary transfer of title and that the Mayor be authorized to execute the documents and that the Mayor be authorized to execute the same. same. REFERRED TO THE COMMITTEE ON FINANCE Passed AYES - 13 - NOES - 0 NO. 11 Results of Negotiations No. 9 181 Bennett, 150'S Broadway Request for Approval to Transfer Title Lot Size: 25'x 132' Of 86 Church Street From BURA to City of Buffalo Assessed Valuation: $1,000 The City of Buffalo Urban Renewal Agency has approved 185 Bennett, 125' S Broadway the Transfer of 86 Church Street at its meeting of March 28, Lot Size: 25'x 132' 2002 Item 5A.frorn the Buffalo Urban Renewal Agency to the Assessed Valuation: 1,000 City of Buffalo. 187 Bennett, 100' S Broadway The reason for this transfer is because the parcels location Lot Size: 25'x 132' size and shape are not conducive to development. Assessed Valuation: 1,000 In the interest of time and anticipating that Your Honorable 279 Broadway, East Cor. Bennett Body is willing to expedite this matter, I have taken the liberty to Lot Size: 33' x 100' prepare a Resolution for your action. Assessed Valuation: 2,500 We now respectively request Your Honorable Body approve the 293 Broadway, 107'SW Cedar transfer of this property to the City of Buffalo. Lot Size: 25'x 105' Forwarded herewith is the following documents: Assessed Valuation: 2,000 1. Resolution approving proposed Land Transfer The Office of Strategic Planning, Division of Real Estate has 2. Quitclaim Deed received a request from Mr. Michael Petronella, 1029 Elmwood 3. Sanborn Map Avenue, Buffalo, New York 14222, to purchase the above RECEIVED AND FILED captioned vacant lots for expansion of his used car lot business that he owns and operates at 283 Broadway Street. No. 10 The Division of Permit and Inspection Services and the Results of Negotiations Division of Collections have no objections to the sale. There are 99 Ash, 175' N Sycamore no building code violations, taxes or other liens owed to the City Lot Size: 25'x 140' by the purchaser. Assessed Valuation: $1,000 The Division of Real Estate has investigated the sale of similar 135 Ash, 100' S Genesee residential and commercial properties in the subject area. Sales Lot Size: 25' x 100' prices range from twenty-five cents (.25) to fifty cents (.50) per Assessed Valuation: 900 square foot. The results of our negotiations are that we have agreed to a I am recommending that Your Honorable Body approve the sale sales price of six thousand dollars ($6,000), thirty-eight cents of 52 Holland Street to Mr. Thomas Walker in the amount of (.38) per square foot, for the subject properties. Mr. Petronella one thousand six hundred dollars ($1,600). 1 am further has also agreed to pay for the cost of the transfer tax, recording recommending that the Corporation Counsel prepare the fees and cost of the legal descriptions. necessary documents for the transfer of title and that the Mayor I am recommending that Your Honorable Body approve the sale be authorized to execute the same. of 181, 185, 187 Bennett, 279 and 293 Broadway Streets in the REFERRED TO THE COMMITTEE ON FINANCE amount of six thousand dollars ($6,000) to Mr. Michael Petronella. I am further recommending that the Corporation NO. 14 Counsel prepare the necessary documents for the transfer of Results of Negotiations title and that the Mayor be authorized to execute the same. 110 Oneida, 195' E Lord REFERRED TO THE COMMITTEE ON FINANCE Lot Size: 40' x 94' Assessed Valuation: $900. NO. 12 The Office of Strategic Planning, Division of Real Estate, Results of Negotiations has received a request to purchase 110 Oneida Street from 323 Fulton, 261'W Hamburg Ms. Clyvette Grayson, 108 Oneida Street, Buffalo, New York Lot Size: 30'x 143' 14206. Ms. Grayson owns a single family home at 108 Oneida Assessed Valuation: $2,900 Street, which is adjoining to 110 Oneida Street. She intends to The Office of Strategic Planning, Division of Real Estate, use the property for extra yard space. has received a request to purchase 323 Fulton Street from The Division of Permit and Inspection Services and the Mrs. Thelma Mae Nottingham, 321 Fulton Street, Buffalo, New Division of Collections have no objections to the sale. There are York 14204. Mrs. Nottingham owns a two family home at 321 no building code violations, taxes or other liens owed to the City Fulton Street, which is adjoining to 323 Fulton Street. She by the purchaser. intends to use the property for extra yard space. The Division of Real Estate has investigated the sale of similar The Division of Permit and Inspection Services and the residential vacant lot properties in the subject area. Sales Division of Collections have no objections to the sale. There are prices range from twenty cents (.20) to thirty cents (30), per no building code violations, taxes or other liens owed to the City square foot. by the purchaser. The results of our negotiations are that Ms. Grayson is The Division of Real Estate has investigated the sale of similar prepared to pay nine hundred dollars ($900), twenty-three residential vacant lot properties in the subject area. Sales cents (.23) per square foot, for the subject property. She has prices range from sixteen cents (. 16) to fifty-two (.52), per also agreed to pay for the cost of the transfer tax, recording square foot. fees and cost of the legal description. The results of our negotiations are that Mrs. Nottingham is I am recommending that Your Honorable Body approve the sale prepared to pay one thousand one hundred dollars ($1,100), of 110 Oneida Street to Ms. Clyvette Grayson in the amount of twenty-five cents (.25) per square foot, for the subject property. nine hundred dollars ($900). I am further recommending that Mrs. Nottingham has also agreed to pay for the cost of the the Corporation Counsel prepare the necessary documents for transfer tax, recording fees and cost of the legal description. the transfer of title and that the Mayor be authorized to execute I am recommending that Your Honorable Body approve the sale the same. of 323 Fulton Street to Mrs. Thelma Mae Nottingham in the REFERRED TO THE COMMITTEE ON FINANCE amount of one thousand one hundred dollars ($1,100). 1 am further recommending that the Corporation Counsel prepare No. 15 the necessary documents for the transfer of title and that the Results of Negotiations Mayor be authorized to execute the same. Lease - Portion of West Mohawk REFERRRED TO THE COMMITTEE ON FINANCE to General Services Administration Federal Courthouse NO. 13 Item No. 143, C.C.P. 2/18/03 Results of Negotiations In the above referenced item Your Honorable Body 52 Holland, 112'S Riley authorized the Office of Strategic Planning, Division of Real Vacant Lot: 29'x 120' Estate to negotiate a lease with the United States Government Assessed Valuation: 1,600 Services Administration for a portion of West Mohawk Street The Office of Strategic Planning, Division of Real Estate has between Delaware and South Elmwood, in accordance with received a request to purchase 52 Holland from Mr. Thomas Article 27, Section 27-8. This parcel is needed by the Federal Walker, 1255 East Ferry Street, Buffalo, New York 14211. Mr. Government in order to comply with set back requirements for Walker owns a catering business at 65 Riley Street, which is the proposed new Federal Courthouse Building. adjoining to 52 Holland Street. He intends to use the property The closing of the above described portion of West Mohawk for access to his business and parking. has been reviewed by the City Planning Board, Departments of The Division of Permit and Inspection Services and the Public Works, Fire and Police. There are no objections to the Division of Collections have no objections to the sale. There are closing. The Department of Public Works recommends that the no building code violations, taxes or other liens owed to the City closing be contingent upon the General Services of Buffalo by the purchaser. Administration filing plans that include curb realignment and The Division of Real Estate has investigated the sale of similar traffic signal changes to be approved by the Department of vacant lots in the subject area. Sales prices range from Public Works. thirty-three cents (.33) to sixty-seven cents (.67) per square An independent appraisal of the property was conducted by foot. G.A.R. Associates for the General Services Administration. The results of our negotiations are that Mr. Walker has agreed They have estimated the fair rental value of the property to be and is prepared to pay one thousand six hundred dollars twenty-five Thousand Dollars ($25,000,00) per year. The City ($1,600), forty-five cents (.45) per square foot, for the subject of Buffalo Appraisal Review Board has reviewed the appraisal property. He has also agreed to pay for the cost of the transfer and recommends the fair rental value of twenty-five Thousand tax, recording fees and cost of the legal description. Dollars ($25,000.00). The results of our lease negotiations are attached in the Buffalo Police Benevolent Association (PBA) Contract with City proposed lease agreement for your review. Some of the terms of Buffalo are as follows: Department of Public Works, Streets, and Parks; Division of Lessee will pay twenty-five Thousand Dollars ($25,000.00) Engineering, Marina Lease annually Rental payments shall be payable in equally Department of Public Works, Streets, and Parks - User Fees monthly installments in arrears during the term of the Department of Public Works, Streets, and Parks - Water Board lease and as the same may be extended. Department of Administration & Finance - Treasury Division The term of the lease will be for twenty (20) years. Department of Administration & Finance - Transportation The Lessee shall have the option to extend the lease for eight In the coming months of 2003-2004, the Division of Audit has (8) additional periods of ten (10) years each. The annual rental planned to complete and file revenue and compliance-type payment for each year of the lease as extended shall be audits of the following departments, activities, or functions: 0 reestablished by a real estate appraisal for fair rental value at Department of Administration - Parking Board of Education - the time of each extension. Cash Clearance Account 2000-2002 The Lessee, may, at its option, terminate the lease or any As well, the Division of Audit will continue to conduct extension thereof at any time upon 90 days written notice to the performance-type reviews of functions with the intent of Lessor. maximizing the efficiency of the process and activities within The Lessee shall indemnify and hold harmless the City of the following areas: Buffalo against all liabilities, claims, etc. imposed upon or • Buffalo Common Council Staff incurred by the City arising out of Lessee's use of the property. • Department of Administration - Division of Collections The Lessee shall be responsible for all utility costs for water, • Citywide Cash Controls gas, electricity or other service charges assessed against the • Buffalo Economic Renaissance Corporation (BERC)- Loan property now and in the future. Lessee shall be responsible for Receivables all street lighting to the premises, repair and maintenance of • Follow-up of Contract Personnel on BNRC & BURA same including replacing lamps. • Department of Public Works, Streets, and Parks; Division of The City, its agents or contractors shall have access to all utility Engineering, Marina Lease installations owned by the City or its agents located at or below • Board of Education - Administration and Financial the premises for repairs, maintenance or improvements. The • Department of Public Works, Streets, and Parks; Division of City, at its own cost and expense, shall immediately restore the Telecommunication, Utilities and Franchises, Public premises to the condition that they were in prior to work being Access TV performed. REFERRED TO THE COMMITTEE ON FINANCE AND THE I am recommending that Your Honorable Body approve a lease CORPORATION COUNSEL agreement between the City of Buffalo and United States of America acting by and through the General Services NO. 17 Administration for the use of a portion of West Mohawk BOND CLOSEOUT between Delaware and South Elmwood to include but not The City of Buffalo issues bonds to provide funds to finance limited to the above terms and conditions. I am also requesting the costs of various capital projects which are described in the that Your Honorable Body authorize the Corporation Counsel to bond resolutions submitted to the Common Council. When we prepare said lease agreement and that the Mayor be authorized raise capital funds by selling bonds, it is reasonable to to execute the same. anticipate that all of the projects will proceed timely and binding Mrs. LoTempio Moved: commitments for the completion of the projects will be entered That the above communication from the Office of Strategic into in a timely manner. Proceeds of bonds not expended for Planning dated August 27, 2003, be received and filed; and the object or purpose for which the bonds were sold must be That the Executive Director of Strategic Planning be, and he applied to the payment of principal and interest on such bonds hereby is authorized to enter into a lease between the City and (Local Finance Law - Section 165.00) the United States General Services Administration for, a Based upon responses from the various departments to my portion of West Mohawk Street between Delaware and South letter of June 16, 2003, we are requesting that the following Elmwood for twenty (20) years. That the Corporation Counsel accounts be closed (see page two for list of accounts). be authorized to prepare the necessary lease under the terms The following account(s) listed below: and conditions as listed in the above communication and that 1) have a balance too small to proceed with project, the Mayor be authorized to execute the same. 2) have no further commitments, Passed 3) will not be used since projects incomplete AYES - 13 - NOES – 0 4) have had no activity for a number of years, or 5) have never been used. FROM THE COMPTROLLER If these accounts are closed, $584,774.36 can be used as a resource to pay 2003-2004 City debt. Also, $1,407,434.24 can NO. 16 be used as a resource to pay future debt service. ANNUAL AUDIT PLAN Attached for review in The City Clerk’s Office TEXT: In accordance with Sec. 7-5 of the City Charter, I REFERRED TO THE COMMITTEE ON FINANCE hereby submit to this Honorable Body the Annual Audit Plan. The Division of Audit, as the auditing body of the Department of NO. 18 Audit and Control, conducted various audits of the departments CAPITAL DEBT SERVICE FUND DEPOSITS - 2003/2004 of city government. Those submitted to the Council during FISCAL YEAR 2002-2003 included: ITEM #17, CCP JULY 8, 2003 Buffalo Economic Renaissance Corporation (BERC)- Contract The Capital Debt Service Fund deposits that are referenced Personnel in this communication are not a matter of choice. The city is Buffalo Neighborhood Revitalization Corporation (BNRC)- required to set aside debt obligations for the first six months of Contract Personnel the fiscal year in the first month of the year. The deposits are Buffalo Urban Renewal Agency (BURA) - Contract Personnel made to institutions (those named in the Council Buffalo City Clerk communication) that hold our debt instruments. This should clear up any misperception that money is being deposited in That pursuant to 6 NYCRR Part 617, the City of Buffalo any favored institutions. We are paying off our obligations to Planning Board is hereby designated Lead Agency for the the institutions holding our debt. Lexington Food Coop, 807 Elmwood Avenue. RECEIVED AND FILED PASSED AYES - 13 NOES - 0 NO. 19 CERTIFICATE OF NECESSITY FROM THE COMMISSIONER OF ASSESSMENT AND INCREASED APPROPRIATION TAXATION RESERVE FOR CAPITAL OUTLAY NO. 22 VARIOUS DEPARTMENTS CERTIORARI PROCEEDINGS We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, UPWOOD REALTY ASSOCIATES Deputy Comptroller, do hereby certify pursuant to §20-11 of the 465 MAIN AND 451 WASHINGTON Charter, that an increase in the sum of $1,376,964 in the This is to advise that the owner, Upwood Realty Associates, estimate for the fiscal year beginning July 1, 2003 is necessary has instituted certiorari proceedings on 465 Main and 451 in Appropriation Allotments for apital Outlay in various Washington, Buffalo, New York, regarding the assessments for departments as indicated below, to meet a contingency which the fiscal years 2001-02, 2002-03 and 2003-04. The could not have been reasonably foreseen when the budget was assessments were reviewed by this Department and the owner adopted. The amount of increased appropriation will be met expressed a willingness to settle the proceedings. from the Reserve for Capital Budget - 10700096 - 397200 - not The final assessment for all three fiscal years was a total of otherwise appropriated for any other purpose. The details of the $5,683,200 for each year. The owner is agreeable to a requirements are set forth below: settlement which would result in a reduction to a total of 12003007 474200 Police (25 Vehicles) Vehicles $750,000 $4,500,000 for 2002-03 and a total of $4,300,000 for the 13112007 473010 Public Works Street Const 600,000 2003-04 tax year. The taxpayer would be entitled to a refund of 11150007 474100 Admin&Finance Equipment 1,600 $12,483.16 for the 2002-03 year. The taxes on the properties 10311001 474100 Strategic Planning Equipment 12,864 for the 2003-04 tax year would be reduced by $13,039.60, from 16551007 474100 Permits & Insp Equipment 12,500 $180,691,36 to $167,651.76. $1,376,964 In 2004-05, the taxpayer will not object to an increase to a total RECEIVED AND FILED of $4,700,000 for the two parcels. Similarly, the taxpayer will not object to assessments of $4,800,000 and $5,000,000 for NO. 20 2005-06 and 2006-07 respectively. In addition, the taxpayer will CERTIFICATE OF APPOINTMENT withdraw the 2001-02 proceeding and waive interest on Appointment Effective July 21, 2003 In the Department of: refunds. Audit and Control, Division of Audit to the Position of Based upon a review of the current market value of the Supervising Auditor permanent at the intermediate starting property, I feet this settlement would be in the best interest of salary of $45,590 the City. 1, therefore recommend this settlement, in which the Jeni Wozniak, 27 Lombard Street, Buffalo, NY 14206 Department of Law concurs. REFERRED TO THE COMMITTEE ON CIVIL SERVICE The current owner, Upwood Realty Associates, purchased the properties for $3,943,807 in 2000. FROM THE PRESIDENT OF THE COUNCIL This proposed settlement is subject to approval by Your NO. 21 Honorable Body. I hereby request that the Corporation Counsel LEXINGTON FOOD CO-OP, NEW NATURAL FOOD be authorized to settle the 2001-02, 2002-03 and 2003-04 STORE, 807 ELMWOOD AVE certiorari proceedings on 465 Main and 451 Washington by Please be advised, prior to the implementation of the reducing the 2002-03 assessment from $5,683,200 to above-referenced project, the requirements of the New York $4,500,000 and the 2003-04 assessment from $5,683,200 to State Environmental Quality Review Act (SEQR) must be $4,300,000. satisfied. Mrs. LoTempio moved: The project, as defined by SEQR, is an unlisted action for That the communication from the Commissioner of which a coordinated review will be completed. As per Section Assessment and Taxation, dated August 21, 2003, be received 617.6 of the regulations, an agency responsible for determining and filed; and the effect of this That the Corporation Counsel be, and he hereby is authorized project on the environment must designate from among the to settle the 2001-02, 2002-03 and 2003-04 certiorari involved agencies within 30 calendar days of the date of this proceedings on 465 Main and 451 Washington by reducing the letter. The Buffalo Planning Board proposes to assume Lead 2002-03 assessment from $5,683,200 to $4,500,000 and the Agency status for this project. The project Environmental 2003-04 assessment from S5,683,200 to $4,300,000. Assessment Form is enclosed for your review. PASSED If your agency has no objection to the designation of the City of AYES - 13 NOES - 0 Buffalo Planning Board as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS York 14202. AND STREETS Sincerely, Enclosure NO. 23 The City of Buffalo Common Council accepts and approves the NOTIFICATION SERIAL # 9723 designation of the Buffalo Planning Board as Lead Agency for REPEAL ONE-WAY STREET DIRECTION the above -referenced project WASHINGTON STREET - SOUTHBOUND Mrs. LoTempio moved: FROM HIGH STREET That the above communication from the Office of Strategic TO GOODELL STREET Planning, City Planning Board, dated July 25, 2003, be ONE-WAY STREET DIRECTION - REPEAL received and filed; and In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or In conformity with Section 479 of the Ordinances of the City of repealing existing provisions of Chapter 479 of the Ordinances, Buffalo, the City Engineer hereby notifies your Honorable Body as stated below, to be effective forty five days after the first of this action supplementing, amending, or repealing existing Council meeting at which they appear on the agenda as an item provisions of Chapter 479 of the Ordinances, as stated below, business. to be effective forty five (45) days after the first Council meeting That that part of Section 22 of Chapter 479 of Ordinances of at which they appear on the agenda as an item business. the City of Buffalo be supplemented by repealing therefrom the That that part of the Subdivision I of Section 38 of Chapter 479 following: ONE WAY STREET DIRECTION of the Ordinances of the City of Buffalo be supplemented by NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT adding thereto the following: TURNS PROHIBITED FACING Washington Street from southbound STEADY RED SIGNAL High Street to Goodell Street Vehicles on at Intersection of Effective Period of This action is being taken as a part of the continuing effort to Time improve traffic flow in downtown Buffalo and has been Delaware Avenue Sanders Road At All Times requested by the Buffalo Niagara Medical Campus. traveling northbound southeast comer NOTIFICATION SERIAL #9724 This action is being taken due to the unusual travel distance INSTALL NO LEFT TURN necessary to turn and conflict created by the offset alignment GRANT STREET, SOUTHBOUND of the intersection of Delaware Avenue and Sanders AT BUFFALO STATE COLLEGE ENTRANCE Road/Hinman Avenue. (see previous Serial) OPPOSITE NYS RTE 198 EAST ON/OFF RAMP #9724 to 9*126 RECEIVED AND FILED #9723 REFERRED REGULATIONS OF TURNS -INSTALL TO THE COMMITTEE ON LEGISLATION In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your NO. 24 Honorable Body of this action supplementing, amending, or REPORT OF BIDS repeating existing provisions of Chapter 479 of the Ordinances, CITY-WIDE SIDEWALK REPAIR - 2003 as stated below, to be effective forty five days after the first GROUP #612 Council meeting at which they appear on the agenda as an item P & J CONSTRUCTION CO., INC. business. ITEM #126, C.C.P. 3/3/98 That that part of Section 37 of Chapter 479 of Ordinances of This is to advise your Honorable Body that I have advertised the City of Buffalo be supplemented by adding thereto the and received bids on August 20, 2003 for the CityWide following: REGULATION OF TURNS Sidewalk Repair - 2003, Group #612. STREET AT INTERSECTIO HOURS DIRECTION In obtaining bids for the above project, I have asked for bids on PROHIBITION a unit price covering the various items of work and material, Grant Street Buffalo State Coll 7 AM-7 PM southbound No Left will be performed. The final cost of the work will be which Turn based on the actual measured quantities of materials entering Opposite NYS Rte Monday-Friday into the work and may be either more or less than the total bid. 198 East on/off Ramp The following bids were received: This action is being taken as a temporary measure to prevent Base Bid Unit Price Increase traffic back up on the Grant Street Bridge over Scajaquada P & J Construction Co., Inc. $284,450.00 Creek, while reduced to a single travel lane in each direction $312,895.00 during reconstruction. This restriction is only to remain in effect 709 Pleasant View Drive, until the completion of the bridge reconstruction. Lancaster, NY 14086 NOTIFICATION SERIAL #9725 Sicilia Construction Co., Inc. $297,700.00 INSTALL NO TURN ON RED $327,470.00 DELAWARE AVENUE, SOUTHBOUND 25 Strasbourg Drive, Buffalo, AT HINMAN AVENUE NY 14227 NO TURNS ON RED - INSTALL A.B.P. Concrete In conformity with Section 479 of the Ordinances of the City of Construction, Inc. $329,950.00 Buffalo, the City Engineer hereby notifies your Honorable Body $362,945.00 of this action supplementing, amending, or repealing existing 3407 Delaware, Suite 200, Kenmore, NY 14217 provisions of Chapter 479 of the Ordinances, as stated below, I hereby certify that the lowest responsible bidder for the above to be effective forty five (45) days after the first Council meeting project is P & J Construction Co., Inc. I respectfully at which they appear on the agenda as an item business. recommend that your Honorable Body authorize a contract That that part of the Subdivision I of Section 38 of Chapter 479 award in the amount of $312,895.00 ($284,450.00 Base Bid + of the Ordinances of the City of Buffalo be supplemented by 10% unit price increase $28,445.00 = Total Award $ adding thereto the following: TURNS PROHIBITED FACING 312,895.00 Funds for this work are in Capital Project Account STEADY RED SIGNAL #34310606, #30032106, #36310206 & #30057406. The Vehicles on at Intersection of Effective Period of engineer's estimate for this work is $300,000.00. Time The attached is certified to be a true and correct statement of Delaware Avenue Hinman Avenue At All Times the two (2) lowest bids received. Under provisions of the traveling southbound northwest comer General Municipal Law, any of the bidders may withdraw his This action is being taken due to the unusual travel distance bid if an award of the contract is not made by October 4, 2003. necessary to turn and conflict created by the offset alignment Individual bid submissions are available in our office for of the intersection of Delaware Avenue and Sanders inspection and copies are available upon request. Road/Hinman Avenue. (see next Serial) Mrs. LoTempio moved: NOTIFICATION SERIAL #9726 That the above communication from the Commissioner of INSTALL NO TURN ON RED Public Works, Parks and Streets dated August 25, 2003, be DELAWARE AVENUE, NORTHBOUND received and filed; and AT SANDERS ROAD That the Commissioner of Public Works, Parks and Streets, NO TURNS ON RED - INSTALL be, and he hereby is authorized to award a contract for the City-Wide Sidewalk Repair - 2003, Group #612, to P & J Niagara Mohawk. Add $3,191.00 Construction Co., Inc., the lowest responsible bidder, in the The foregoing change results in a net increase in the contract amount of $312,895.00 ($284,450.00 Base Bid +10% unit of Three Thousand Eight Hundred Sixty Four and 00/100 price increase $28,445.00 = Total Award $312,895.00). Funds Dollars ($3,864.00). for the project are available in Capital Project Account Summary: Current Contract Amount $69,000.00 #34310606, #30032106, #36310206 and #30057406. Amount of This Change Order (#1) Add $ 3,864.00 PASSED Revised Contract Amount $72,864.00 AYES - 13 NOES - 0 Costs have been reviewed by the Consulting Engineer (Bergmann Associates) and the Department of Public Works, NO. 25 Parks & Streets and were found to be fair and equitable. Funds REPORT OF BIDS for this work are available in CPF 30338206 445100 - Division REPAIR TO CITY PAVEMENTS - 2003 of Buildings. GROUP #613 I request that Your Honorable Body authorize the THOMANN ASPHALT PAVING, CORP. Commissioner of Public Works, Parks & Streets to issue a ITEM #126, C.C.P. 3/3/98 change order to the contractor as set forth above. This is to advise your Honorable Body that I have advertised Mrs. LoTempio moved: and received bids on August 27, 2003 for the Repair to City That the above communication from the Commissioner of Pavements - 2003, Group #613. Public Works, Parks and Streets dated August 18, 2003, be In obtaining bids for the above project, I have asked for bids on received and filed; and a unit price covering the various items of work and material, That the Commissioner of Public Works, Parks and Streets be, which will be performed. The final cost of the work will be and he hereby is authorized to issue change order No. 1, to based on the actual measured quantities of materials entering Northeast Diversification, an increase in the amount of into the work and may be either more or less than the total bid. $3,864.00, as more fully described in the above The following bid was received: communication, for work relating to Gloria J. Parks Community Base Bid Unit Price Center, Job No. 0259, C #92010679. Funds for this project are Increase available in CPF 3 03 3 8206 445 100 - Division of Buildings. Thomann Asphalt Paving Corp. $115,943.75PASSED $127,538.13 AYES - 13 NOES - 0 56 Gunville Road, Lancaster, NY 14086 *Adjusted Amount NO. 27 I hereby certify that the bidder for the above project is Thomann CHANGE IN CONTRACT Asphalt Paving, Corp. I respectfully recommend that your 118 E. UTICA STREET Honorable Body authorize a contract award in the amount of PHASE III RENOVATIONS $127,538.13* ($115,943.75 BaseBid + 10% unit price increase ELECTRICAL WORK S11,594.38 = Total Award $127,538.13). Funds for this work I hereby submit to Your Honorable Body the following are in Capital Project Account #30335506 & #30032106. The changes for Job No. 0136, 118 E. Utica Street, Phase III engineer's estimate for this work is $125,000.00. Renovations, Electrical Work, Goodwin Electric Corp., C The attached is certified to be a true and correct statement of #92010488. the two (2) lowest bids received. Under provisions of the 1. Additional plugs and data boxes for Computer General Municipal Law, any of the bidders may withdraw his Room. Add $ 745.00 bid if an award of the contract is not made by October 11, The foregoing change results in a net increase in the contract 2003. Individual bid submissions are available in our office for of Seven Hundred Forty Five and 00/100 Dollars ($745.00). inspection and copies are available upon request. Summary: Current Contract Amount $71,125.00 Mrs. LoTempio moved: Amount of This Change Order (#5) Add $ 745.00 That the above communication from the Commissioner of Revised Contract Amount $71,870.00 Public Works, Parks and Streets dated August 27, 2003, be Costs have been reviewed by the Consulting Architect (Robert received and filed; and Traynham Coles, Architect) and the Department of Public That the Commissioner of Public Works, Parks and Streets, Works, Parks & Streets and were found to be fair and be, and he hereby is authorized to award a contract for the equitable. Funds for this work are available in CPF 30338106 Repair to City Pavements - 2003, Group #613, to Thomann 445100 - Division of Buildings. Asphalt Paving Corp., the lowest responsible bidder, in the I request that Your Honorable Body authorize the amount of $127,538.13 ($115,943.75 Base Bid +10% unit Commissioner of Public Works, Parks & Streets to issue a price increase $11,594.38 = Total Award $127.538.13). Funds change order to the contractor as set forth above. for the project are available in Capital Project Account Mrs. LoTempio moved: #30335506 and #30032106. That the above communication from the Commissioner of PASSED Public Works, Parks and Streets dated August 26, 2003, be AYES - 13 NOES - 0 received and filed; and That the Commissioner of Public Works, Parks and Streets be, NO. 26 and he hereby is authorized to issue change order No. 5, to CHANGE IN CONTRACT Goodwin Electric Corp., an increase in the amount of $745.00, GLORIA J. PARKS COMMUNITY CENTER as more fully described in the above communication, for work PARKING LOT ADDITION relating to 118 E. Utica Street, Phase III Renovations, Job No. JOB NO. 0259 0136, C #92010488. Funds for this project are available in CPF I hereby submit to Your Honorable Body the following 30338106 445100 - Division of Buildings. changes for Job No. 0259, Gloria J. Parks Community Center, PASSED Parking Lot Addition, Northeast Diversification, C #92010679. AYES - 13 NOES - 0 1. Install stabilization fabric due to existing soft soil in area of new parking lot. Add $ 673.00 NO. 28 2. Revise electrical lighting service at request of CHANGE IN CONTRACT 118 E. UTICA STREET contract for a new water line to service the New Amsterdam PHASE III RENOVATIONS Street area and Elmwood Franklin School, to Clover GENERAL CONSTRUCTION Construction, the lowest responsible bidder, in the amount of I hereby submit to Your Honorable Body the following $58,015.00. Funds for the project are available in the Division changes for Job No. 0136, 118 E. Utica Street, Phase III of Water's bond account. Renovations, General Construction, Wilsandra Construction, C PASSED #92010499. AYES - 13 NOES - 0 1. Miscellaneous Computer Room contract allowance not used. Deduct $1,000.00 NO. 30 The foregoing change results in a net decrease in the contract INCREASE IN CONTRACT of One Thousand and 00/100 Dollars (-$1,000.00). CAZENOVIA SPLASH POOL Summary: Current Contract Amount $ 265,431.00 GENERAL CONTRACT NO.92010688 Amount of This Change Order (#3) Deduct$ 1,000.00 During the construction of the splash pool at Cazenovia Park Revised Contract Amount $ 264,431.00 there was unforeseen item that needed to be addressed. Costs have been reviewed by the Consulting Architect (Robert Therefore, we recommend that t Traynham Coles, Architect) and the Department of Public following changes be made to Contract No. 92010688, with Works, Parks & Streets and were found to be fair and Visone Construction Inc. equitable. Funds for this work are to be credited to CPF Add all labor and materials for the 30338106 445100 - Division of Buildings. installation of one 8" foot valve I request that Your Honorable Body authorize the and one 3" foot valve. Add $1,750.00 Commissioner of Public Works, Parks & Streets to issue a SUMMARY: change order to the contractor as set forth above. Existing Contract Amount $308,000.00 Mrs. LoTempio moved: This Increase $ 1,750.00 That the above communication from the Commissioner of New Contract Amount $309,750.00 Public Works, Parks and Streets dated August 28, 2003, be The project Engineer, Clough, Harbour & Associates LLP has received and filed; and reviewed and recommended these changes and costs. Funds That the Commissioner of Public Works, Parks and Streets be, are available in MUNIS 364001-06. and he hereby is authorized to issue change order No. 3, to I recommend that Your Honorable Body authorize the Wilsandra Construction, a decrease in the amount of $ Commissioner of Public Works Parks and Streets to issue a 1,000.00, as more fully described in the above communication, change order to Visone Construction, Inc. as outlined above. for work relating to 118 E. Utica Street, Phase 1111 Mrs. Moved: Renovations, Job No. 0136, General Construction, C That the above communication from the Commissioner of #92010499. Funds for this project are to be credited to CPF Public Works, Parks and Streets dated September 2, 2003, be 30338106 445 100 - Division of Buildings. received and filed; and PASSED That the Commissioner of Public Works, Parks and Streets be, AYES - 13 NOES - 0 and he hereby is authorized to issue a change order, to Visone Construction, Inc., an increase in the amount of $1,750.00, as NO. 29 more fully described in the above communication, for work EMERGENCY WATER LINE relating to Cazenovia Splash Pool, Contract No. 92010688. ELMWOOD FRANKLIN SCHOOL Funds for this project are available in MUNIS 36400106. The Division of Water has received bids for a new water line PASSED to service the New Amsterdam Street area and Elmwood AYES - 13 NOES - 0 Franklin School. In the coarse of construction at the facility No. 31 it was discovered that the existing water pressure on New Naming Street-Dale Brown Amsterdam would not support minimal fire fighting This office has received the attached request from Mr. requirements. We were unable to utilize regular bidding Richard Hoffman of Warren Cowan Associates requesting procedures because of the timing of this project and consideration of naming a City street after author Dale Brown therefore an emergency was declared the Commissioner of who is a Buffalo native. Public Works, Parks & Streets. This request is being sent to you for whatever action the The bids received were: Council feels is appropriate. Clover Construction REFERRED TO THE COMMITTEE ON LEGISLATION, THE 1430 Millersport Highway CORPORATION COUNSEL AND THE COMMISSIONER OF Williamsville, New York 14211 $58,015.00 POLICE AND THE COMMISSINER OF FIRE Kandey Company 19 Ransier Drive NO. 32 West Seneca, New York 14224 $57,000.00 North District Sidewalk Repair - 2003 Sicar Management Group #610 1128 Jamison Road Withdrawal of Low Bid - Elma, New York 14059 $69,500.00 Revised Award Kandey Company's bid was incomplete and therefore Item #126, C.C.P. 3/3/98 withdrawn. This is to advise your Honorable Body that the low bidder for The low bidder was awarded the work for $58,015.00. the above project, A.B.P. Concrete Construction, Inc. has Funds are available in t Division of Water's bond account. exercised option 201-06 (award notice within 45 days) as Mrs. Lotempio moved: stated in the proposal and has requested to withdraw his bid. That the above communication from the Commissioner of This delay was due to a necessary approval from the control Public Works, Parks and Streets dated August 27, 2003, be board. received and filed; and I hereby certify that the next (2 d) lowest responsible bidder for That the Commissioner of Public Works, Parks and Streets, the above project is Sicilia Construction Co., Inc.I respectfully be, and he hereby is authorized to award an emergency recommend that your Honorable Body authorize a contract award in the amount of $52,238.45 ($47,478.50 Base Bid + Division of Streets to the Position of Heavy Equipment 10% unit price increase $4,748.95 = Total Award $52,238.45). Operator Funds for this work are in Block Grant Account #29-07200 as TEMPORARY APPOINTMENT MAXIMUM Starting Salary of identified by North District Councilmember Joseph Golombek, $33,392 Jr. and permission is also necessary to approve a transfer of Richard Chmiel 76 Vandalia St. Buffalo, NY 14204 the CDBG Funds into our Capital Project Account #30032106. REFERRED TO THE COMMITTEE CIVILSERVICE ON The engineer's estimate for this work is $50,000.00. Mrs. LoTempio Moved No. 37 That the above communication from the Commissioner of Certificate of Appointment Public Works, Parks and Streets dated August 26, 2003, be Appointment Effective: August 18,2003 in the Department of received and filed; and Public Works Division of Recreation to the Position of That the Commissioner of Public Works, Parks and Streets, Recreation Instructor PERMANENT APPOINTMENT be, and he hereby is authorized to withdraw A.B.P. Concrete Intermediate Starting Salary of $31,184.00 Construction Inc. bid and award a contract for the North REFERRED TO THE COMMITTEE ON CIVIL SERVICE District Sidewalk Repair - 2003, Group #610, to Sicilia Construction Co., Inc., the second lowest responsible bidder, in FROM THE COMMISSIONER OF POLICE the amount of $52,238.45 ($47,478.50 Base Bid +10% unit price increase $4,748.95 = Total Award $52,238.45). Funds for No. 38 the project are available in Capital Project Account #30032106. Drug Assis Fortfiture Passed. Checks Recp AYES - 13 - NOES - 0 Item No. 104, C.C.P. 2/2/88 8155-00118538 C2-02-0042 $ 496.12 No. 33 8155-00118522 C2-03-0002 1,783.60 Storage of Salt - NFTA 8155-00118563 C2-02-0054 5,368.30 The Niagara Frontier Transportation Authority has agreed to 8155-00118549 C2-03-0017 698.05 allow the City to store approximately 5000 tons o salt on a C2-03-0027 660.25 paved, fenced-in area on their property on Fuhrmann Blvd. In 8155-00118560 C2-03-0012 573.85 exchange, NFTA will require that we supply them salt for their C2-02-0152 11,420.03 use up to a maximum amount of 60 tons. The cost of this 8155-00118524 274B-BF-36924 7,697.11 amount of salt would be $1,244.00. 8155-00118423 C2-03-0044 1,743.20 We respectfully request authorization to enter into an 8155-00118331 C2-99-0035 296.68 agreement with NFTA for this use. 8155-00118322 C2-02-0065 1,161.47 Mrs. LoTempio Moved: C2-02-0087 927.14 That the above communication from the Commissioner of C2-03-0001 681.85 Public Works, Parks and Streets dated August 28, 2003, be TOTAL DEPOSIT $ 33,507.65 received and filed; and The above referenced property has been administratively That the Commissioner of Public Works, Parks and Streets, forfeited by the Drug Enforcement Administration. (DEA). The be, and he hereby is authorized to enter into an agreement to checks were received by this Department and duly deposited in supply the Niagara Frontier Transportation Authority with salt the Trust & Agency Account #20010000-389001. These funds for their use up to a maximum amount of 60 tons in exchange will be placed into one or more of the following accounts as for allowing the City of Buffalo to store approximately 5000 tons deemed by the Commissioner of Police: of salt on a paved, fenced in area on their property on Educational Training/Seminar, Confidential Funds, Materials Fuhrmann Boulevard. and Supplies, Firearms and Weapons, Communications an( Passed. Computers, Electrical Surveillance, Purchase of Services, AYES - 13 - NOES - 0 Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, No. 34 please contact Chief Edward Hempling at 851-5181. CERTIFICATE OF APPOINTMENT RECEIVED AND FILED Appointment Effective: August 18,2003 in the Department of Public Works Division of Recreation to the Position of No. 39 Community Recreation Aide Permanent Appointment Permission To Accept Various Grants Awarded To Intermediate Starting Salary of $30.864 Department Listed Below And Approval For Appropriate Middlebrooks Larry 141 Leroy Buffalo 14214 Interfund Cash Loans REFERRED TO THE COMMITTEE ON CIVIL SERVICE As you are aware, the Buffalo Police Department has been very successful in securing grant funding through various NO. 35 sources. We have finally received official verification and Certificate of Appointment confirmation from the County, State and Federal Governments Appointment Effective: July 29, 2003 in the Department of as to these awards. Therefore, in order to keep within the DPW – Streets Division of Streets to the Position of Dog practices of our grant processing, especially in this time of Control Officer critical need for funds, we are asking permission from your Provisional Appointment at the: Intermediate Starting Salary of Honorable Body and Buffalo's Fiscal Stability Authority (if $28,817.00 required) for the Mayor to enter into the contracts listed below. Frank Militello 339 Sanders Rd. Buffalo 14216 In addition, we are also requesting, as is our standard practice, REFERRED TO THE COMMITTEE CIVILSERVICE ON that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non-personnel expenses until No. 36 such reimbursements are secured by the funding source Certificate of Appointment (County, State, "Feds"). We have listed the amounts under Appointment Effective: 8/21/03 in the Department of DPW each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant loan for all non-personnel expenditures in the amount of programs. $26,081 as a cash advance for all departmental, non-personnel Because of the bureaucratic procedures involved with expenses ($1,200 cellular contract for covert intelligence processing our grants, and the recent summer recess, we are system/$24,881 for equipment/supplies respectfully asking that these items be approved at the (including unmarked vehicle and surefire forend/batteries, Council's September 2nd meeting. Delayed information, lamp reflector and video cassettes), until such reimbursement budgets and contracts at these government levels, often times is secured from the State. The City's matching commitment is beyond the City's control, have created a pressing situation for $57,939 and will be covered through the salary of the lead the processing of the required paperwork. Some of these investigative detective who is part of POE team. The personnel grants involve personnel expenses, equipment, etc. and it is reimbursement to the City under this grant, covers overtime imperative that we spend out the funding prior to the end of the and the salary of a Lieutenant, totaling $104,244, and who is grant's fiscal year, and in most cases, because of the lengthy assigned to the POE team working on the interdiction of drugs processing, we are constantly faced with time constraints into the City of Buffalo. The interfund loan would then be repaid Therefore, we would appreciate your approval at the next as the reimbursements are sent to the City from the State meeting. under this grant project. STOP DWI Grant Program We are requesting authorization for In addition, the State is also renewing our contract with the the Mayor to enter into the 2003 renewal agreement between NFTA. As you are aware from previous approvals, the City of the City of Buffalo and the County of Erie under the STOP Buffalo acts as a conduit agency to receive funds earmarked DWI Grant Program for the period January 1, 2003 through for the NFTA Police Department as federal statutes and December 31, 2003. The City of Buffalo and the County of regulations prohibit the direct transfer of grant monies to any Erie have had these annual contractual agreements over the agency that is not a "taxing entity." last several years whereby the City is reimbursed for efforts in We have been notified that the NV17A will receive $49,145 for the enforcement of alcohol and/or related traffic violations. their Year I I DCJS'01 funds) which began January 1, 2003 Under this agreement, the City will be reimbursed by the through December 31, 2003. Under the renewal agreement County for up to 65% of all revenue generated from fines levied that will be drawn up with the NFTA for their Year 11, we will resulting from the disposition of alcohol-related traffic offenses. forward the $49,145 as their share of grant funding under our These funds are then utilized to continue enhancing the 2002-2003 POE grant fiscal year contract when we are Department's DWI reimbursed by the State. enforcement activities. Under this particular grant, there is no GOVERNOR'S TRAFFIC SAFETY (YEAR 8) - Once again, City Match and no interfund cash loan request. the City Buffalo has applied for $20,429 in renewal grant NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD funding under the Governor's Traffic Safety Grant Program PREVENTION through our participation with the County of Erie's Governor's GRANT - Again, we are asking for authorization for the Mayor Traffic Safety Regional Planning Committee. Through this to enter into a renewal agreement between the City of Buffalo project, a heavy emphasis is being placed on general safety by and the Department of addressing speed enforcement and aggressive driving Criminal Justice Services under the State's Motor Vehicle Theft behaviors which have been determined regionally by this and committee as a major problem (whereby the City of Buffalo is Insurance Fraud Prevention Program for the period 01-01-04 represented, as are the surrounding suburbs). Under this through 12-3104. Our potential award will range between year's grant, we have requested 2 radar guns per the 5 policing $75,000 and $100,000 and the districts, for a total of 10, as patrol officers have been trained, expenditures under this grant project will cover equipment, but the Department does not have enough radar detection overtime (if equipment to meet the needs of traffic enforcement within each applicable), training expenses and possibly reimbursement for police district. We are requesting an interfund cash loan for a Detective's position as they relate to the incidence of this equipment, which is a non-personnel expenditures until automobile thefts and correlated such reimbursement is secured from the State. The loan would crimes. We are requesting an interfund cash loan for all then be repaid as the reimbursement is sent to the City from non-personnel the State under this grant project. There is no City Match expenditures (training expenditures/related equipment pertinent involved with this grant. to this initiative) until such reimbursement is secured from the LAW ENFORCEMENT SUPPORT GRANT - The City has State. The loan would then be repaid as the reimbursements been awarded funds, which we are currently waiting for, in the are sent to the City from the State amount of $125,000 from US Department of Justice in order under this grant project. There is no City Match involved with to meet the mandates as outlined in the Memorandum of this grant. Agreement with the Department of Justice, which will provide DRUG INTERDICTION/POINTS OF ENTRY (POE) - We are use of force training, use of force reporting and use of requesting authorization for the Mayor to renew our Drug chemical agent projectors spray throughout the Department, Interdiction/Points of Entry Grant Program between the City of as well as verbal de-escalation and other neutralizing Buffalo and the New York State Division of Criminal Justice techniques, as well as ethical standards training. The Buffalo Services for the period December 1, 2002 through Police Department will partner with a professional training November 30, 2003. The renewal funding, totaling $130,325, component affiliated with one of the area's colleges who will allow the possesses the professionalism and experience for providing Department to continue with the current drug interdiction this type of criminal justice training. In addition, the funds will project which is an intra-agency, cooperative alliance between be utilized for training materials, as well as reimbursement of our Department, the Cheektowaga Police Department, the the salary and fringes of a police officer who will be assigned Niagara Frontier Transit Police and the County's to the Department's Office of Professional Standards, not only Central Police Service Laboratory. Drug interdiction to avert the elimination of one position due to the City's fiscal investigations will be maximized to interrupt the flow of drugs crisis, but whose responsibility it will be to monitor and follow (especially around airport and bus terminal) and a concentrated through with the complaint and investigation process and effort will continue to be geared toward the middle to higher assist with the training of officers. We are requesting an level drug suppliers. We are also requesting an interfund cash interfund cash loan for all non-personnel expenditures in the amount of $52,525 as a cash advance for all departmental, any fines levied in order to continue the efforts to reduce non-personnel expenses ($50,000 contract for professional tobacco sales to minors. training component; $1,000 to send Professional Standards COPS UNIVERSAL HIRING '2003 GRANT AWARD - The Officers to seminars/conferences; $1,525 training supplies: City of Buffalo through its Police Department was awarded an folders, printing, paper, etc.) The remaining funds under this unprecedented $5,449,216 over three-years to retain 25 Police grant will cover the personnel reimbursement to the City, Officer positions for the period 6/01/03 through 5/31/06. This covering the salary/fringes of the officer who will be assigned will cover salary and fringe benefits and has taken into to Professional Standards, totaling $72,475. The interfund consideration the recent salary increases resulting from the loan would then be repaid as the reimbursements are sent to PBA contractual award. Because of our special circumstances, the City from the "feds" under this grant project. There is no the Department is currently working with the COPS Office to City Match involved with this grant. fine-tune this grant award. At least five (5) officers under this JUVENILE JUSTICE DELINQUENT PREVENTION (JJ_DP) grant, per the five (5) policing districts, will be assigned to GRANT -The City of Buffalo has been awarded $106,000 from quality of life calls, community concerns, attendance at the NYS Department of Criminal Justice Services to reimburse community meetings, as well as assigned to working on the Department for 2 School Resource Officer positions for the homeland security efforts. This will involve building and period January 1, 2003 through June 30, 2004. The grant strengthening partnerships with the community to identify award will cover partial salary and fringes, totaling $53,000 per special and unique assets, areas of concern, and existing officer. Officers will be assigned to schools in conjunction with resources in the various City neighborhoods. We will be able to the Board of Education and will be responsible for mitigating accomplish this by freeing up manpower through work gang influences as well as related negative/at risk behaviors. schedule changes and a total transition to one-officer patrol As you know, last year as a result of the lay-off of the 32 Police cars as a result of the Department's re-engineering efforts. The Officers, all officers assigned to the schools were transferred City's required cash match has been waived by the US back to patrol to meet manpower shortages in answering calls Department as the City's has clearly demonstrated hardship for service. There is no City Match involved with this grant. circumstances! GREAT (Gang Resistance Education And Training) - The City Again, we are asking for permission for the City to accept all of of Buffalo has been awarded a maximum of $17,000 through a these awards, and also, authorization for the requested cooperative agreement with the Bureau of Alcohol, Tobacco interfund cash loans. We are finding the processing of grant and Firearms to participate in the GREAT Program. This information more and more difficult due to the complexity of the program instructs middle/high school students as to the different processes stipulated by Local, County, State and dangers of gangs through education and prevention strategies, Federal Governments, and due to the limitations we have been and which will tie into the Department's JJDP Grant. The initial experiencing resultant from the City's own fiscal situation. We period of performance runs from January 16, 2003 through try to secure all the required information in a timely manner, January 15, 2004. however, the reality is that always does not happen, and as a The Buffalo Police Department has conducted GREAT result, we find ourselves, processing things that are quite Training without grant funds over the last several years. This lengthy, as is in this case, or having to process things year's funding is broken down as follows: $11,900 will cover the extremely quickly or extremely late. We 'are asking for your excess salary/fringes for the school resource officers not cooperation and assistance with this particular filing, in light of covered under the Department's JJDP Grant, in addition to what is happening budget-wise within our own Department and $5,100 will be utilized, dependent on budget constraints to the City as a whole. re-certify officers, for upgraded training, for promotional If you have any questions or require further clarification of the supplies supporting GREAT activities (T-shirts, student above, please contact Chief Edward C. Hempling or Maureen handbooks, pamphlets, etc.). The GREAT Program continues Oakley at ext. 4475. to revamp its entire curriculum and re- certification of our Thank you for your immediate attention to this pressing matter. GREAT Officers is required. We are asking for an interfund REFERRED TO THE COMMITTEE ON FINANCE THE cash loan in the amount of the $5,100, which covers all COMMISSIONER OF ADMINISTRATION AND FINANCE non-personnel expenditures until such time that reimbursement AND THE COMPTROLLER is secured from ATF; we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then No. 40 be repaid as the reimbursements are sent to the City from the L. Slayton-Concerns-Incidents on Millicent Avenue" ATF under this grant project. There is no required City Match. [Item #97, C.C.P. July 22,2003:] OPERATION PROTECT KILDS (CIGARETTE GRANT) - Dear Ms. Slayton, This renewal grant was awarded to the County of Erie under In response to your letter to the Commissioner last month the the New York State Department of Health's Youth Tobacco command Staff at E District was advised to look into your Enforcement and Prevention Grant and will run through situation. I have received a report from Captain Chris Giardina September 15, 2003. that stated that she had sent two Detectives to your home and Under this renewal agreement, the County will reimburse the that they are presently following up on your complaints. City of Buffalo the sum of $35.00 for every completed If you have any further questions, you can contact Captain compliance check of merchants who sell tobacco products. Giardina directly at 851-4416. Using underage operatives as decoys, compliance checks REFERRED TO THE SPECIAL COMMITTEE ON POLICE have been conducted to see if active enforcement of New York REORGANIZATION State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to No. 41 educate local business owners with licenses to sell tobacco L. Slayton-Concerns-Incidents on Millicent Avenue products as to the law, and how this law must be enforced. [Item #97, C.C.P. July 22,2001] Merchants who have been found violating this law and allowed I have investigated the Common Council request made by L. the operative to purchase tobacco products, are to be Slayton concerning 33 Millicent. E-District Detectives took the subjected to penalties imposed by the Health Department, following action. which may include fines. The City of Buffalo will receive 50% of On July 14 1h, the complainant, L. Slayton from 21 Millicent came into E-District with Kendra Golson (Juvenile) and spoke with Detectives Battle and Bridges. A crime report was filed - Rename comers of Fillmore/Jefferson - Deacon Donald R. and two warrant cards were issued for the adults at 33 Speed. Millicent. Detective Joyce Solomon is following up on the REFERRRED TO THE COMMITTEE ON LEGISLATION juvenile. It appears all parties are satisfied. FROM THE CORPORATION COUNSEL REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 46 OPINION – TRANSFER OF CITY COMPTROLLER TO NO. 42 COUNTY COMPTROLLER’S OFFICE ["Transferring the detention of pre-arraigned arrestees This responds to your February 26, 2003 letter requesting from the City of Buffalo to the County of Erie"] an opinion of the Attorney General regarding the transfer of the Enclosed is a copy of the finalized agreement between the functions of the City Comptroller's Office to the Office of the City of Buffalo and the County of Erie, which turns over the Erie County Comptroller. detainment of pre-arraigned prisoners to the Eric County As you are probably aware, new legislation was enacted Sheriffs Office (ECSO). creating the Buffalo Fiscal Stability Authority (Act of July 3, Under item 10 (pg. 5) of the agreement, the ECSO agrees to 2003, ch. 122). This recent State legislation contemplates that transfer current permanent Buffalo cellblock attendants and the City Comptroller will have a role in the Authority's work to senior cellblock attendants to positions in Erie County Holding oversee the establishment of the City's fiscal stability. The Center. The names and addresses of these employees have legislation also provides that it prevails over any inconsistent been forwarded to the ECSO personnel office as well as Erie State or local law. County's Human Resource Department. The County is In light of this significant change in the legal landscape contacting the employees directly with instructions regarding pertaining to the questions presented in your inquiry, we do not their transfer of employment. believe that it is appropriate for us to render an opinion in The City will be transferring I I permanent employees to the response to your pending request. If you wish to resubmit the ECSO. Three provisional or temporary employees will no longer request so that it addresses this change, we will consider it. be necessary and will not be retained. One of these employees You may, however, wish to consider submitting a revised will revert back to his laborer position at the Buffalo Police request to the Department of Audit and Control. That Garage. department is authorized to audit local finances, a power Should you need any further information regarding this matter implicated in the event, for example, that the assumption of the please contact Captain Mark Makowski at 851-5643. City Comptroller's functions by the County Comptroller's Office RECEIVED AND FILED is contemplated occurring by inter-municipal agreement. In addition, that NO. 43 department has expertise in the Local Finance Law, relevant to 2002 ANNUAL REPORT your inquiry because of the City Comptroller's status under that On behalf of the Executive Staff of the Buffalo Police law as the City's chief fiscal officer. You may contact the Department, I am proud to present you with the Department's Department of Audit and Control at the following address: 2002 Annual Report. The information provided acknowledges Department of Audit and Control the dedication and commitment of the men and women of the Division of Legal Services Buffalo Police Department, as their efforts have greatly 110 State Street contributed to the continued overall decrease in crime in the Albany, NY 12236 City of Buffalo. I hope that we may be of assistance to you in the future. The relationship between the community and the police REFERRED TO THE SPECIAL COMMITTEE ON continues to be a priority within the Department as is REGIONAL GOVERNANCE highlighted in the report. Police personnel serve as professional and trusted providers of services in a proactive approach to NO. 47 strengthening public safety and improving the quality of life for Review of Nominees for Re residents of the City of Buffalo. Appointment-Buffalo Preservation The Buffalo Police Department will continue to meet the Board C.C.P., 7/22/03, No. 2 increased challenges facing the City of Buffalo by developing The Corporation Counsel conferred with the Division of new strategies for working with citizens to reduce the fear of Collections and reports (as verified by that Division as of crime and to address law enforcement issues. August 5, 2003) that the following nominee to the Buffalo RECEIVED AND FILED Preservation Board has no outstanding debts to the City: Carla Singleton FROM THE COMMISSIONER OF FIRE RECEIVED AND FILED NO. 44 NO. 48 RETURN FROM Review of Nominees for Leave Off Absent Appointment-Citizens Planning Be advised that Firefighter Daniel Bossi will return from his Council unpaid military leave of absence on August 24, 2003. C.C.P., 7/22/03, Nos. 173, 186 RECEIVED AND FILED The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of NO. 45 August 5, 2003) that the following nominees to the Citizens Rename corner Planning Council have no outstanding debts to the City: Deacon Donald R. Speed Philip Frandina Item #90 CCP July 22, 2003 Tony D. Williams Be advised that the Buffalo Fire Department has no objection to RECEIVED AND FILED the following: FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No. 52 Used Car Dealer NO. 49 1642 Elmwood Second Hand Dealer Pursuant to Chapter 254 of the City of Buffalo Ordinances, 1526 Genesee please be advised that I have examined the attached Pursuant to Chapter 254 of the City of Buffalo Ordinances, application for a Used Car Dealer License located at 1642 please be advised that I have examined the attached Elmwood and find that as to form is correct. I have caused an application for a Second Hand Dealer License located at 1526 investigation into the premises for which said application for a Genesee and find that as to form is correct. I have caused an used car dealer license is being sought and according to the investigation into the premises for which said application for a attached reports from the Zoning Office, Fire Department and second hand dealer license is being sought and according to Building Inspections, I find it complies with all regulations and the attached reports from the Zoning Office, Fire Department other applicable laws. I have caused an investigation by the and Building Inspections, I find it complies with all regulations Police Department into the moral character of Kathleen and other applicable laws. I have caused an investigation by the Cangianiello. The attached thereto for Kathleen Cangianiello. Police Department into the moral character of Josephine d/b/a KM Auto Sales. This request is submitted for your Thompson. The attached thereto for Josephine Thompson approval or whatever action you deem appropriate. d/b/a St. Paul Missionary Baptist Church. This request is Mrs. LoTempio moved: submitted for your approval or whatever action you deem That the Commissioner of Permit & Inspection Services be and appropriate. hereby is authorized to grant a Used Car Dealer license to REFERRED TO THE COMMITTEE ON LEGISLATION Kathleen Cangianiello dba KM Auto Sales, located AYES – BONIFACIO, COPPOL, DAVIS, FISHER, NO. 50 FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, Solicitation of Funds Permit LOTEMPIO, MARTINO AND THOMPSON – 12 Attached is an application for Solicitation of Funds for South NOES – PITTS – 1 Buffalo/Lackawanna Lions Club to solicit funds 'in t Buffalo area from September 2, 2003 thru October 3, 2003. This is an FROM THE COMMISSIONER OF ADMINITRATION AND annual event. In accordance with Chapter 3 1 Article VI of the FINANCE City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. NO. 53 Mrs. LoTempio Moved: Approval of Donation of Electric Vehicles That the above communication from the Commissioner of The Division of Purchase has received a donation of (20) Pen-nit and Inspection twenty GEM Electric Motorcars from Daimler Chrysler Services dated August 19, 2003, be received and filed; and Company. Several municipalities throughout New York State That pursuant to Chapter 316, Article VI of the City of Buffalo received these donations, promoting the environment by using Ordinances, the Commissioner of Permit and Inspection electric rather than fuel. With this promotion that was offered Services be, and he hereby is authorized to grant South we were on a deadline of accepting the donation by August 8 Buffalo/Lackawanna Lions Club an exemption to solicit funds in 1h or forfeiting our allotment which would have been given to the City of Buffalo from September 2, 2003 to October 3, 2003. another municipality. We graciously accepted the allotment and Passed. assigned twelve (12) to the Buffalo Police Department, and AYES - 13 - NOES - 0 eight (8) to the Department of Public Works. These carts are of limited use and can only be driven on streets with a speed limit NO. 51 of 30 MPH or less. They will be utilized during special events Used Car Dealer and street patrol. Your favorable approval of this generous 2650 Bailey donation is appreciated. Pursuant to Chapter 254 of the City of Buffalo Ordinances, Mrs. LoTempio Moved: please be advised that I have examined the attached That the above communication from the Director of Purchase application for a Used Car Dealer License located at 2650 dated August 26, 2003, be received and filed; and Bailey and find that as to form is correct. I have caused al That the Department of Administration & Finance, Division of investigation into the premises for which said application for a Purchase accept a donation of twenty (20) GEM Electric used car dealer license is being sought and according t( the Motorcars from Daimler Chrysler Company to be distributed to attached reports from the Zoning Office, Fire Department and the Departments of Police and Public Works. Building Inspections, I find it complies with a] regulations and Passed. other applicable laws. I have caused an investigation by the AYES - 13 - NOES - 0 Police Department into the moral character of Arthur Hill Sr. The attached thereto for Arthur Hill Sr. d/b/a AJ's Auto Sales & No. 54 Service. This request is submitted for your approval or Certificate of Appointment whatever action you deem appropriate. Appointment Effective: July 23, 2003 in the Department of Mrs. LoTempio Moved: Administration and Finance Division of Parking Enforcement That the above communication from the Commissioner of to the Position of Laborer II PERMANENT APPOINTMENT Permit and Inspection INTERMEDIATE Starting Salary of $26,116 Services dated August 11, 2003, be received and filed; and Daniel D. Tadusz 99 Homer Buffalo 14216 That pursuant to Chapter 254 of the City Code, the REFERRED TO THE COMMITTEE ON CIVIL SERVICE Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to No. 55 Arthur Hill Sr. d/b/a AJ's Auto Sales & Service, located at 2650 Certificate of Appointment Bailey. Appointment Effective: July 23, 2003 in the Department of Passed. Administration and Finance Division of Parking Enforcement AYES - 13 - NOES - 0 to the Position of Laborer II PERMANENT APPOINTMENT MAXIMUM Starting Salary of $27,939 These documents are being forwarded to the Common Council Michael Falzone 10 Hertel Avenue Buffalo 14207 for your records. REFERRED TO THE COMMITTEE ON CIVIL SERVICE COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED No. 56 Certificate of Appointment FROM THE CITY CLERK Appointment Effective: 7/21/03 in the Department of Administration & Finance Division of Treasury to the Position of NO. 63 Senior Treasury Administrator Provisional Promotion at the: R. FREEMAN-NYS COMM ON OPEN GOV’LAID ON THE Maximum Starting Salary of: $ 52,536. TABLE –ADV OPINION-REQ BY M. KLESS Debbie A. Renzoni 20 Brost Drive Buffalo NY 14220 The staff of the Committee on Open Government is REFERRED TO THE COMMITTEE ON CIVIL SERVICE authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the facts presented in FROM THE COMMISSIONER OF COMMUNITY SERVICES your correspondence, unless otherwise indicated. Dear Mr. Michaux and Mr. Kless: No. 57 I have received correspondence from both of you concerning STAFF MONITORING ASSIGNMENTS numerous "reports of hazards" transmitted by Mr. Kless to Mr. CDBG PROGRAM Michaux. In each of those reports, Mr. Kless writes as follows As per the Councilmembers request. attached please find Staff in his first paragraph: Monitoring Assignments for Community Development Block “I need to report a hazard. After the hazard is recorded I want a Grant Programs. copy of the hazard notice, I do not want a copy of my letter just REFERRED TO THE COMMITTTEE ON COMMUNITY a copy of the hazard notice and copy of any and all paperwork DEVELOPMENT the department(s) involved send to your office. Just add this paperwork to the pile of stuff you have for me and I will pick it NO. 58 up at once." Certificate of Appointment In Mr. Kless' second and third paragraphs, he asserts the Appointment Effective: July 22, 2003 in the Department of following: Community Services Division of Substance Abuse Services "This is to be considered a freedom of information request." to the Position of Counselor III PERMANENT APPOINTMENT From my perspective, the requests need not be honored. As MAXIMUM Starting Salary of $34,421 you may be aware, the Freedom of Information Law pertains to Christa Hodge 307 North Park Ave. Buffalo 14210 existing records maintained by an agency, such as the City of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Buffalo [see §89(3)]. Because that is so, it has consistently been advised that an agency is not required to honor a request NO. 59 that is prospective in nature. In short, an agency can neither Certificate of Appointment grant nor deny access to records that do not exist. Appointment Effective: July 30,2003 in the Department of The requests made by Mr. Kless are not requests for existing Community Services Division of Substance Abuse Services records and, therefore, I do not believe that Mr. Michaux is to the Position of Reimbursement Specialist Provisional required to take any action other than informing Mr. Kless that APPOINTMENT MAXIMUM Starting Salary of.$30,809 the records sought do not exist. Diana Simmons 700 Clinton Buffalo 14210 I hope that I have been of assistance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE RECEIVED AND FILED No. 60 NO. 64 Certificate of Appointment MINUTES OF THE BOARD OF ETHICS Appointment Effective: July 21, 2003 in the Department of Attached please find the minutes of the June 26, 2003 Board Community Service Division of Substance Abuse Services of Ethics meeting. to the Position of Senior Counselor PERMANENT City of Buffalo Appointment Intermediate Starting Salary of $35,703 Board of Ethics Meeting Patricia Zimmermann 214 Stockbridge Ave. Buffalo 14215 June 26, 2003 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Present: Douglas Coppola NO. 61 James Magavern Certificate of Appointment Eleanor Paterson Appointment Effective: July 21, 2003 in the Department of Charles L. Michaux, III Community Services Division of Substance Abuse Services Richard Sullivan to the Position of Senior Counselor TEMPORARY David Hayes, of Counsel Appointment Excused: Intermediate Starting Salary of $35,703 Michael Risman Karen Berneski 211 Brinkman Ave. Buffalo 14211 Guest: REFERRED TO THE COMMITTEE ON CIVIL SERVICE Brian Meyer, The Buffalo News Item# 1) Roll Call FROM THE BOARD OF EDUCATION Item #2) The board moved to accept the minutes of the May 20, 2003 meeting. Mr. Sullivan asked to be marked "excused" No. 62 from the meeting of May 20, 2003, as he was out of town. With Redistricting this correction, Mr. Coppola moved to accept the minutes, The attached redistricting plan was approved at the Buffalo seconded by James Magavern. All were in favor and the Board of Education's regularly scheduled meeting on August minutes were received and filed. 27, 2003, Item #3 & #4) Mr. Coppola asked that Mr. Hayes send a letter to Mr. Giambra thanking him for his disclosure %kith regard to the honorarium he received and request an itinerary/agenda NO. 67 noting his presentation times and date at the Snow & Ice LEAVES OF ABSENCE WITHOUT PAY Management Associate Conference. I transmit herewith notifications received by me, reporting the Item #5) Mr. Coppola asked Mr. Hayes if letters were sent to all granting of the leaves of absence without pay, in the various non-filers notifying them of impending hearings for failure to departments as listed: file. Mr. Hayes stated that they had not been sent. Mr. Coppola x Public Works, Streets & Parks- David Ehrle, Willie Simmons, asked Mr. Hayes to send the hearing letters out to all non-filers Madalene Merkle giving the individuals until July 18'h to file. If they do not file by x Police- Dawn Kent, Brian winnie,, Timothy Strunk, Kevin Paul this date they will be summoned to a hearing on July 30, 2003. Patricia Parete, Tracie Gallagher, Louis Fasolino, Tracie Linda Andersen, Sec. to the board, mentioned that a Mr. Levy, Gallagher, Tina Vivola, Elizabeth Mann BERC Member contacted her stating that he feels he should Fire not have to file since he hasn't filed in previous years. Mr. x Community Services- Karen Berneski, James Matt-hews, Coppola stated that Mr. Levy should be sent a letter stating that Colleen Cummings, Terrence Chatfield it would be up to the person who submitted the original list to Permit and Inspection Services- the board to remove his name. Mr. Coppola asked that Mr. Management Information Systems Hayes send Mr. Levy a letter explaining the boards' position. Administration and Finance- Item #6 & #7) The board asked Mr. Michaux to send the new Human Resources- travel forms to both Mr. Sciolino and Mr. Laudico for filing math Civil Service Commission- the boards next meeting. Mr. Michaux stated that he would do RECEIVED AND FILED. so as soon as the revisions were complete on the travel forms by the MIS Dept. NO. 68 Item #8) This item was received and filed by the board. REPORTS OF ATTENDANCE Old Business: I transmit herewith communications received by me, from the Item # 1.) The board received and filed this item. Mr. Mchaux various boards, commissions, agencies and authorities stated that Mr. Golombek declined the appointment to the reporting the membership attendance at their respective Buffalo City Auto Ramps Board. meetings: Item #2.) The board made a few minor changes to the new X Buffalo Sewer Authority travel request & voucher forms. Mr. Michaux stated that he RECEIVED AND FILED. would ask the WS Dept. to adjust the forms according. Item#3.) Mr. Sullivan stated that he has a meeting on July 9, NO. 69 2003 with Peter Pitigoff who is Associate Dean at the Law NOTICES OF APPOINTMENTS - COUNCIL INTERNS School. He will speak with him regard to assigning students to I transmit herewith appointments to the position of Council assist with the handbook project. Mr. Sullivan stated that he Intern. would report to the board at its next meeting- Mrs. LoTempio moved the approval of the appointments to the The next meeting of the Board of Ethics was set for Tuesday, position of Council Intern. August 5, 2003 in room 1317 at 9:00 a.m. ADOPTED. Meeting adjourned. CERTIFICATE OF APPOINTMENT RECEIVED AND FILED Appointment Effective: August 20, 2003 in the Department of Common Council, to the Position of Intern VI, Seasonal, NO. 65 Non-Competitive DISPOSITION OF RECORDS at the Flat Starting Salary of $10.00 per hr Attached please find the following disposition of records Lisa M. Janczylik, 347 Bristol St., Buffalo, NY 14206 from the following departments: CERTIFICATE OF APPOINTMENT GENERAL SERVICES Appointment Effective August 19, 2003, in the Department of HUMAN RESOURCES. Common Council to the Position of Intern VI, Seasonal, PUBLIC WORKS, PARKS & STREETS Non-Competitive at the Flat Starting Salary of $ 10.00/hr COMMON COUNCIL Kenneth A. Simmons, 141 Sprenger St, Buffalo, NY 14211 AUDIT & CONTROL CERTIFICATE OF APPOINTMENT MAYORAL Appointment Effective 9/2103 in the Department of COMMUNITY DEVELOPMENT COMMON COUNCIL to the Position of INTERN V, STADIUM AND AUDITORIUM SEASONAL, NON-COMPETITIVE at the flat Starting Salary of INSPECTIONS AND PERMITS $8.00/hr STREETS DIVISION Stephen Rogers, 7 Ashland St. Apt. 11, Buffalo, NY 14201 RECEIVED AND FILED Appointment Effective 08/19/03 in the Department of NO. 66 COMMON COUNCIL to the Position of INTERN V, LIQUOR LICENSE APPLICATIONS SEASONAL, NON-COMPETITIVE at the flat Starting Salary of Attached hereto are communications from persons applying $8.00/hr for liquor licenses from the Erie County Alcohol Beverage Michael R. Barnes Jr., 97 Schuele St, Buffalo, NY 14215 Control Board. CERTIFICATE OF APPOINTMENT Address Business Name Owner's Appointment Effective: July 21, 2003 in the Department of Name Common Council, to the Position of Intern V, Seasonal, 3112 Main St Osaka Sushi Bar & Grill Osaka Sushi Bar Non-Competitive & Grill at the Flat, Starting Salary of $8.00/hr 245 Allen St 245 Allen Mark Goldman Damien Littleton, 851 E. Ferry St., Buffalo, NY 14211 561 Forest JKP 2002 Inc JKP 2002 Inc Appointment Effective 7/7/03 in the Department of COMMON 73 Hamburg St William McCarthy 73 Hamburg St COUNCIL to the Position of INTERN V, SEASONAL, RECEIVED AND FILED NON-COMPETITIVE at the flat Starting Salary of $8.00/hr Shola Clark, 140 Linwood Ave. C-12, Buffalo, NY 14215 Alvin Thomas, 22 Mapleridge Avenue, Buffalo, MY 14215 Marlon Worthy, 15 Midvale Ave. Buffalo, NY 14215 LaSylvia Benning, 36 Carl Street, Buffalo, NY 14211 Kentrice Gadley, 801 Northampton Ave., Buffalo, NY 14209 Appointment Effective 7/28/03 in the Department of CERTIFICATE OF APPOINTMENT COMMON COUNCIL to the Position of INTERN IV, Appointment Effective: July 8, 2003 in the Department of SEASONAL, NON-COMPETITIVE at the flat Starting Salary of Common Council, to the Position of Intern II, Seasonal, $6.00/hr Non-Competitive Alvin Thomas, 22 Mapleridge, Buffalo, NY 14215 at the Flat Starting Salary of 5.15/hr Appointment Effective 7/2103 in the Department of COMMON Jaisa Myree, 117 Parkridge Ave., Buffalo, NY 14215 COUNCIL to the Position of INTERN IV, SEASONAL, CERTIFICATE OF APPOINTMENT NON-COMPETITIVE at the flat Starting Salary of $8.00/hr Appointment Effective: July 16, 2003 in the Department of Harlan Adams Jr., 401 Newburgh Avenue, Buffalo, NY 14215 Common Council to the Position of Intern II, Seasonal Corey Branch, 103 Hagen Street, Buffalo, NY 14211 Non-Competitive Nicholas Hatton, 162 Zelmer Street, Buffalo, NY 14211 at the Flat Starting Salary of: $ 5.15/hr Joel Pierre Louis, 117 Chalmers Street, Buffalo, NY 14221 Darrell W. Harge, 239 Oakmont Avenue, Buffalo, New York Adrian Peterson, 425 Stockbridge, Buffalo, NY 14215 14215 Shameela Pittman, 105 Rounds Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Justin Pitts, 179 Beard Ave, Buffalo, NY 14214 Appointment Effective July 21, 2003 in the Department of Daniel X. Bley, 221 Crowley Ave., Buffalo, NY 14207 Common Council to the Position of Intern II, Seasonal Jamie Salter, 64 Zelmer, Buffalo, NY 14211 Non-Competitive at the Flat Starting Salary of $ 5.15/hr Robin Smith, 464 Fillmore Ave., Buffalo, NY 14206 Mark S. Olejniczak Jr., 52 Clemo St., Buffalo, New York 14206 Lindsey Taylor, 128 Parkridge, Buffalo, NY 14215 Tiara L. Jemison, 775 E. Delavan, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Jeffrey Biddle, 54 Whitehall, BUFFALO NY 14220 Appointment Effective August 22, 2003 in the Department of Brian Nag, 78 Kimberly, Buffalo, NY 14220 Common Council to the Position of Intern II, Seasonal, Amanda Thourling, 163 Amber st., BUFFALO NY 14220 Non-Competitive at the Flat Starting Salary of $5.15/hr Adam Nash, 70 Strathmore, Buffalo, NY 14220 Quandrell Ivey, 180 Parkridge Avenue, Buffalo, NY 14215 Alex Schultz, 529 McKinley Pkwy, .Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Patrick Erickson, 67 Hayde, Buffalo, NY 14210 Appointment Effective in the Department of Common Council to the Position of Intern II, Seasonal, Non-Competitive at NO. 70 the Flat Starting Salary of 5.15/hr NOTICES OF APPOINTMENTS - SEASONAL/FLAT Calen Simms, 70 Monticello, Buffalo, NY 14214 I transmit herewith certificates received by me, reporting George Miller, 520 Dodge Street, Buffalo, NY 14208 seasonal and flat salary appointments made in various CERTIFICATE OF APPOINTMENT departments. Appointment Effective July 28, 2003 in the Department of RECEIVED AND FILED. Common Council, to the Position of Intern II, Seasonal, CERTIFICATE OF APPOINTMENT Non-Competitive at the Flat Starting Salary of $5.15/hr Appointment Effective July 30,2003 in the Department of Jeremy Ferguson, 209 Highgate Ave., Buffalo, NY 14215 Public Works Division of Parks to the Position of Fee Collector CERTIFICATE OF APPOINTMENT SEASONAL Appointment Effective: in the Department of Common APPOINTMENT at the MINIMUM Starting Salary of $5.15/hr Council to the Position of Intern II, Seasonal, Non-Competitive, Kelly Thomas, 298 Eden, Buffalo 14220 at the flat Starting Salary of $5.15/hr CERTIFICATE OF APPOINTMENT Michael Austin, 708 East Ferry Street, Buffalo, NY 14211 Appointment Effective July 1,2003 in the Department of Public Rodnesha Carson, 79 Marigold Street, Buffalo, NY 14215 Works Division of Parks to the Position of Fee Collector SEASONAL Certificate of Appointment APPOINTMENT at the MINIMUM Starting Salary of $5.15/hr Appointment Effective: June 23, 2003 in the Department of Wachowicz, Kathleen, 81 Barnard St. Buffalo, NY 14206 Common Council to the Position of Intern II Seasonal CERTIFICATE OF APPOINTMENT Non-Competitive at the Flat Starting Salary of $ 5.15/hr Appointment Effective August 11, 2003 in the Department of Jahkima Davis, 979 Northland Ave., Buffalo, NY 14215 Public Works, Division of Recreation to the Position of Laborer CERTIFICATE OF APPOINTMENT II, SEASONAL APPOINTMENT at the minimum Starting Appointment Effective: July 7, 2003 in the Department of Salary of $8.15/hr Common Council to the Position of Intern II Seasonal Browning, Ericka, 960 Amherst St, Buffalo, NY 14216 Non-Competitive at the Flat Starting Salary of $ 5.15/hr Shola Clark, 140 Linwwod Ave. Apt. C-12, Buffalo, NY 14209 CERTIFICATE OF APPOINTMENT Marquell Key, 92 Connelly Ave.,Buffalo, NY 14215 Appointment Effective August 11, 2003 in the Department of Kendra Campbell, 212 Dartmouth Avenue, Buffalo, NY 14215 Public Works, Division of Engineering to the Position of Montero Hinkle, 19 Donaldson Road, Buffalo, NY 14208 Laborer II, SEASONAL APPOINTMENT at the minimum Derrick Strickland, 79 Kensington Avenue, Buffalo, NY 14214 Starting Salary of $8.15/hr Scott Steinwald, 176 Summit Avenue, Buffalo, NY 14214 David K. Olejniczak, 14 Clemo st., Buffalo, NY 14206 Christopher Pratt, 1183 East Ferry Street, Buffalo, NY 14211 James Zaccagnino, 1164 Kenmore Ave. Apt. #9, Orbin Mullins, Jr., 127 East Amherst Street apt.6, Buffalo, NY Buffalo, NY 14216 14214 CERTIFICATE OF APPOINTMENT Rashad Howard, 131 Carl Street, Buffalo, NY 14215 Appointment Effective 07/31/03 in the Department of Shalla Benn, 20 Pansy Place, Buffalo, NY 14208 Public Works, Parks & Streets Division of Engineering Dante Collier, 152 Butler Avenue, Buffalo, NY 14208 to the Position of Laborer II Seasonal Appointment Carl Thompson, 811 Humboldt Parkway, Buffalo, NY 14208 Starting Salary of $8.15 hr. at the FLAT Ciara McAdory, 623 Northumberland, Buffalo, NY 14215 Darnell Tyson, 17 Rickert Street, Buffalo, NY 14211 Nicole D. Cannarozzo, 29 Danforth St., Buffalo, NY 14213 Antonio Hill, 555 High Street, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective July 30,2003 in the Department of NON-OFFICIAL COMMUNICATIONS Public Works Division of Recreation to the Position of Lifeguard NO. 72 SEASONAL APPOINTMENT at the MINIMUM Starting Salary AFSCME COUNCIL 35 of $6.25/hr FISCAL RECOMMENDATIONS FOR THE CITY OF Biddlecornbe Wendy, 348 Okell, Buffalo 14220 BUFFALO Goldinski Grace, 116 St. Joseph, Buffalo 14211 AFSCME Council 35 which includes AFSCME Local 264, 650 CERTIFICATE OF APPOINTMENT and 2651 respectfully submit the following analysis and Appointment Effective July 21,2003 in the Department of recommendations- relative to the current fiscal crisis of the City Public Works Division of Recreation to the Position of of Buffalo. We hope that some of these recommendations can Lifeguard assist you in the formulation of the city's four year financial SEASONAL APPOINTMENT at the MINIMUM Starting Salary plan. Please consider this document as the first step in 'a of $6.25/hr collaborated effort to address the fiscal problems the city is Murphy Laura, 144 Columbus Parkway, Buffalo 14213 facing at this time. CERTIFICATE OF APPOINTMENT We will make ourselves available to discuss these Appointment Effective July 17,2003 in the Department of recommendations at your earliest convenience. Public Works Division of Recreation to the Position of If you have any questions, please contact me at your earliest Lifeguard convenience. SEASONAL APPOINTMENT at the MINIMUM Starting Salary Thank you for your cooperation in this matter. of $6.25/hr REFERRED TO THE COMMITTEE ON BUDGET. Adams, Warren, 306 Purdy, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT NO. 73 Appointment Effective July 14,2003 in the Department of J. BELT Public Works Division of Recreation to the Position of COMMENTS-PEACE BRIDGE EXPANSION PROJECT Lifeguard We must guard against being lulled into a poorly planned SEASONAL APPOINTMENT at the MINIMUM Starting Salary Peace Bridge Expansion Project by the process of the of $6.25/hr Environmental Impact Study. Hearing status reports from the Elmassih, Laura, 295 Woodlawn, Buffalo, NY 14214 project team should not be construed to mean agreement with a project or an operating plan that does not meet the needs of NO. 71 Buffalo. The City and citizens need to tell the Public Bridge APPOINTMENTS - TEMPORARY, PROVISIONAL OR Authority what we need. PERMANENT For example, I need to see a project that includes an all-new, I transmit herewith Appointments in the various departments architecturally significant bridge and an all-new customs plaza, made at the Minimum (Temporary, Provisional or Permanent) removed from Fort Porter and located directly on Niagara Street and for Appointments at the Maximum (as per contract north of Massachusetts Avenue, requirements) . I need to see all of the Bridge and Thruway connections made RECEIVED AND FILED in the vicinity of the new plaza so that Porter Avenue can be Certificate of Appointment restored as a Parkway - unique in the City, extending to the Appointment Effective July 28, 2003 in the Department of lake and providing the only parkway to LaSalle Park. Community Services, Division of Contract Administration to The old Bridge could stay. It is possible to build all-new the Position of Attendant TEMPORARY APPOINTMENT at infrastructure slightly north of the existing bridge in a the flat Starting Salary of $ 6.00 per hour composition that would appear attractive. The old bridge cannot Joseph Cich, 936 South Park, Buffalo 14210 be part of trunk infrastructure but it could be a green link CERTIFICATE OF APPOINTMENT between waterfront parks in Buffalo and Fort Erie. Appointment Effective August 18,2003 in the Department of I need to see additional improvements provided by New York Public Works Division of Recreation to the Position of State and the Federal Government. They need to correct past Community Recreation Aide Permanent Appointment, at the planning mistakes and mitigate the environmental impact of the FIRST STEP Starting Salary of $28,624 trade corridor, Dempsey James, 190 Melrose, Buffalo NY 14210 The thruway Authority and FHWA must begin the process of Conrad Jeffrey, 128 Harding, Buffalo 14220 capping the Thruway by first capping the portion beneath Front Certificate of Appointment Park. They also need to fund the design to submerge the Appointment Effective August 25, 2003 in the Department of Thruway along the waterfront from Porter Avenue to Erie Community Services Division of Substance Abuse Services to Street. the Position of Medical Secretary PROVISIONAL New York State should invest in improvements on Niagara APPOINTMENT Street including a Visitor's Center. MINIMUM Starting Salary of 26,861.00 Over the years, the Public Bridge Authority has reminded us Ramona Lee, 47 Orange St., Buffalo 14204 that their mission includes just maintenance and operation of Certificate of Appointment the bridge and plaza. This must change. Appointment Effective August 18,2003 in the Department of The Public Bridge Authority operates a trade corridor that Public Works, Division of Recreation to the Position of serves to nations through a densely populated, Recreation Instructor, PERMANENT APPOINTMENT at the under-represented community. The PBA needs to be made an FIRST STEP advocate of their neighbor's interest. Their mission must be Starting Salary of $28,565.00 expanded by changes made to their charter. Richard Niver, 43 Harvey Place, Buffalo 14210 The biggest concern is health. There is an asthma epidemic on the lower west side and the Peace Bridge trade corridor is, NON-OFFICIAL COMMUNICATIONS, PETITIONS AND most likely, the cause. REMONSTRANCES The PBA needs to become licensed to operate the trade corridor in the interest of their users and their neighbors. That way we can convert controversy into collaboration. The Attached please find a document from the Ciminelli operating license should specify maximum allowable levels of Construction Company regarding the above titled document. pollution emanating from the Buffalo plaza and stipulate REFERRED TO THE COMMITTEE ON EDUCATION. measures of mitigation and compensation as well. The licensing document would describe continuous measurement NO. 77 and adjustment, providing the PBA with the franchise they feel ADELPHIA-J. COLEMAN-REMOVAL OF STARZ CHANNEL they own while at the same time providing the community with ON CHANNEL 15 CABLE the powerful advocate that they need to keep their environment Four years ago, Adelphia significantly improved our safe despite the demands placed upon it by international trade. Starz service with the introduction of the Digital Starz SuperPak Thank you for creating the forum where we can bring ideas to that most Adelphia Starz customers now enjoy. During this move the Peace Bridge Expansion Project forward. This is the time, Adelphia has left Starz on channel 15 to give our way to make this a grand project for future generations. customers time to make the switch to the Digital Starz Super REFERRED TO THE SPECIAL COMMITTEE ON BI-Pak. However, effective September 10, 2003, we must NATIONAL BRIDGE. eliminate the duplicate Starz service on channel 15. I have attached a copy of correspondence that will NO. 74 be sent to affected customers in the city of Buffalo. Customers E. BRINKWORTH-CONCERNS-BUILDING INSPECTORS can still subscribe to Starz, including the newly added Black It recently has been brought to my attention, that the building Starz as a digital premium. inspectors in the City of Buffalo are in jeopardy of losing their If you have any questions regarding this change please feel positions, to the Fire Department's personnel. free to contact me at 558-8545. These knowledgeable individuals collectively represent years of REFERRED TO THE SPECIAL COMMITTEE ON expertise in their field and a familiarity of the history behind TELECOMMUNICATIONS. numerous housing and commercial properties throughout our city. These are well trained professionals, very familiar with all NO. 78 the laws, that when enforced, improve Buffalo's landscape ADELPHIA-J. COLEMAN-CHANNEL CHANGES each and every day. At Adelphia Communications we strive to provide our It is neither cost effective, nor prudent, to replace one group subscribers with the highest quality entertainment in the most with the other. Thank you for your time. efficient manner possible. To that end, I am pleased to inform REFERRED TO THE COMMITTEE ON BUDGET. you of some exciting channel moves that w ill improve our entertainment services. These changes will occur on or after NO. 75 September 20, 2003. We are making many of these changes in PEACE BRIDGE preparation of some exciting new enhancements to our digital EXPANSION PROJECT offering coming in the near future. SCOPING DOCUMENT/ALTERNATIVE SCREENING In response to subscriber demand, Turner Classic REPORT Movies will replace Movie Plex on channel 50. TCM is a Enclosed for public review is the Peace Bridge Expansion 24-hour service with some of the best classic movies, Project's draft of the final Scoping Document/Alternative commercial-free and uncut, that are considered the greatest Screening Report (SD/ASR). It is also available at our project motion pictures of all time. web site www.PeaceBridqeX.com. This report documents the Bravo; the Film and Arts network, will replace the process and results of the Alternative Screening Process Health channel on channel 69. Bravo boasts critically to-date, important issues to be studied in the DEIS/ESR, the acclaimed original programming including Inside the Actors Consultant Team's technical evaluation of alternatives and Studio, Cirque du Soleil Fire Within, Bravo Profiles, The It recommendation of alternatives to be studied in the Preliminary Factor, and Page to Screen, as well as original mini-series and Design/DEIS/ESR Phase of the project. specials. During the week of August 11 at Public Collaborative Other changes include: Workshop #5 we will present this report and our QVC is moving to channel 15; Adelphia 13, our local channel, recommendations. We will send post cards to the affected is being added to channel 13; Discovery is moving to Channel areas with the final details of Workshop #5 the first week of 19. Adelphia's Preview channel and Leased Access will August or you can check our web site. At the workshop we will share channel 10 Lifetime moving to ch 28 FX moving to ch 39 encourage public discussion and answer questions. After this We will also discontinue carriage of the digital Encore workshop the final Scoping Document reflecting the results of West Coast feeds and Familyland. The Health network will Workshop No. 5 and would then be submitted for ratification by move from Basic to Digital basic on channel 123. the Partnering Group, which is comprised of the City of Buffalo, Customers will be notified of these exciting changes in a Town of Fort Erie, and PBA. This step will conclude Scoping variety of ways including on channel messaging, newspaper and officially begin the Environmental Impact Study phase of announcements and mailings in the form of new channel lineup the project. cards for their convenience. I urge you to take an active role in these workshops. It is critical We appreciate our loyal subscribers and endeavor to you join us and I look forward to seeing both familiar and new bring them the best in television programming. A revised faces at our upcoming workshops. As always, please feel free channel lineup card is included for easy reference. Please feel to contact the Project Management Office with any questions, free to contact me if you have any questions concerning our and stay up-to-date with our process at the project web site new channel line-up. www. Peace BridqeX. com. REFERRED TO THE SPECIAL COMMITTEE ON (Copy of document in City Clerk’s Office) TELECOMMUNICATIONS. REFERRED TO THE SPECIAL COMMITTEE ON BI- NO. 79 NATIONAL BRIDGE. M. COPPOLA-REQ. CONTROL BD. FORWARD NOTICES NO. 76 OF MINUTES OF MEETINGS CIMINELLI CONSTRUCTION COMPANY "FULFILLING THE PROMISE-MAKING IT HAPPEN" Could you please file the attached letter regarding the Control offices, when moving, to move into existing facilities in urban Board as an informational piece for the next Common Council centers. meeting. I thank you in advance for your consideration of these Dear Mr. Baker: suggestions I am writing to request that you add one more item to what I am S. Hoyt confident is an already lengthy agenda. As I am sure you are Member of Assembly aware, there are several unanswered questions regarding the REFERRED TO THE COMMITTEE ON COMMUNITY implementation of the Buffalo Fiscal Stability Authority, many of DEVELOPMENT. which I, in my capacity as the Delaware District Councilmember, am faced with daily. NO. 81 It would be extremely helpful and greatly appreciated if notices B. DAVIS-B. MILLER-WILLIAMS-REQ. APPEARANCE regarding when and where Fiscal Stability Authority Meetings BEFORE COMMON COUNCIL/BD. OF PARKING will be held could be sent to each individual Councilmember. Please file the attached letter regarding Mrs. Barbara This will allow us to remain informed and share the information Miller-Williams request to appear before the Common Council obtained at the Authority meetings with our constituents. and the Board of Parking for the upcoming Council Session to Furthermore, it would be very helpful if minutes from Authority be held on Tuesday, September 2, 2003. meetings could be forwarded to individual Councilmembers. Should you require any further information, please feel free to I thank you in advance for you attention to this request. Once contact my office at 851-4980. Thank you. again, your efforts in insuring that Councilmembers receive It would be greatly appreciated if you would respond to my individual notification regarding the time and location of correspondence, dated May 29, 2003. As you may have noted, Authority meetings as well as minutes from the meetings will be I requested to appear before the Common Council and the greatly appreciated. Board of Parking to further discuss this matter. Please call me if you would like to discuss this further or if The response filed by Mr. Gallagher on April 8, 2003 requires there is anything that I can do to assist you in. insuring that my further clarification and I took forward to being afforded the Colleagues and I remain abreast of the happenings of the opportunity to comment on the unacceptable response. Please Authority. Many thanks again. contact me at 716-510-7726 should you require further REFERRED TO THE COMMITTEE ON BUDGET. information. I look forward to hearing from you soon. REFERRED TO THE COMMITTEE ON CLAIMS AND NO. 80 BOARD OF PARKING. B. DAVIS-S. HOYT-CLOSING OF DULSKI FEDERAL BUILDING NO. 82 Please file the attached letter regarding plans to close the C. FISHER-INFO-CONCRETE WORKS VS. DENVER Dulski Federal Building for the upcoming Council Session to be I hereby submit for filing, copies of a letter from the City of held on Tuesday, September 2, 2003. Buffalo Law Department. The department is providing a follow Should you require any further information, please feel free to up letter in regard to the concrete Works v. Denver, 321 F.3d contact my office at 851-4980. Thank you. 950 (10" Cir. 2003). July 29, 2003 This letter follows up my earlier letter of April 19, Stephen A. Perry, Administrator 2000, and Common Council communications (CCP, Mar. 20, U.S. General Services Administration 2001, No. 55; CCP, Apr. 3, 2001, No. 56), discussing 1800 F. St., NW Works of Concrete Colorado v. City and County of Denver, Washington, DC 20405 the case that rejected the City and County of Denver's Dear Mr. Perry: ("Denver") MBE/WBE program. The United States Court of I write regarding the recently announced plans to close the Appeals for the Tenth Circuit recently reversed the highly Dulski Federal Building and move its approximately 30 tenants critical decision of the district court (86 F. Supp.2d 1042 (D. and 1270 employees. I commend the general Services Colo. 2000)) and held that Denver provided sufficient evidence Administration for committing to keep all of these employees in (in extensive disparity studies and anecdotal evidence) to justify downtown Buffalo, however I urge relocating as many federal their MBE/WBE program. Certiorari is pending before the offices into existing buildings instead of building new. United States Supreme Court from the Tenth Circuit's decision. I understand that certain federal agencies have special needs No. 02-1673 (U.S. May 12, 2003). The Tenth Circuit concluded that can only be met by new buildings. But downtown Buffalo that Denver need only produce evidence of discrimination has a 25% office vacancy rate - good, affordable space is (either in public or private sectors) to support Denver's available for those agencies that do not have special needs. conclusion that remedial measures were necessary. 321 F.3d The federal government's investment in downtown Buffalo will 950, 970-74. Municipalities can use proof of discrimination in contribute significantly to Buffalo's economy. Federal workers the marketplace and link that discrimination to municipal patronize downtown businesses, pay local taxes, and many live procurement to justify a MBE/WBE program without proving in Buffalo's neighborhoods. Their contributions help strengthen the discriminatory intent or motive on part of those in the Buffalo, making it a better place to live and work. marketplace who discriminate. at 97 1 -72, 973, 976. Proof Id. Others have invested in downtown Buffalo by renovating and of barriers to business formation o credit faced by MBEs or administering some of the city's great buildings. Developers VvBEs and proof of barriers to fair competition between such as Howard Zemski (the LCO building), Carl Paladino (the majority firms and M/WBEs may show private discrimination Ellicott Square Building), David Sweet (the Main and Seneca that, when linked to government spending, is sufficient proof for Building), Pat Hotung (the Main Place Tower) and others have the compelling governmental interest to remedy the done much to strengthen Buffalo's property tax base and discrimination. Id. at 977. maintain buildings of historic and architectural significance. The Court found that disparity Concrete Works Taking advantage of their investments, by re-locating federal studies need to address size and relative experience of agencies in existing buildings, will be advantageous to all. M/WBEs and other variables that may have a negative effect On the state level, I have attempted to foster this type of idea by on the qualifications, willingness or ability of M/VVBEs, and introducing legislation, A. 810, that requires state government discuss whether these variables effect the availability of M/WBEs or whether a given variable itself is not race- or gender-neutral. Id. at 983 n, 16, 98 1, 991. If challenged, the 13. More police should be hired to protect fully the citizens of plaintiffs bear the ultimate burden of proof of the Buffalo and investigate crimes in the City of Buffalo. unconstitutionality of a MBE/WBE program, including providing 14. The Erie County Sheriff s Department should begin a counter disparity study or rebuttal of studies produced by the patrolling all events at HSBC Arena, the Theater District and all municipality. at 982, 99 1, As for the narrow tailoring other regional assets in the City of Buffalo. &e id. 15. The Buffalo Police Benevolent Association should be prong of the Equal Protection test, the Tenth Circuit found that reformed so that officers and administrators are represented by an earlier decision granting Denver summary two separate unions rather than all members belonging to the judgment on that point, 823 F. Supp. 821, 844-45 (D. Colo. same one. 1993), was law of the case and barred further adjudication. 16. The City of Buffalo Water and Sewer Authorities should As the only jurisdiction (to date) to have its look to expand their operations out of the City of Buffalo. MBE/V*TBE program upheld, Denver (and the evidence it 17. The practice of "summer hours" for all City of Buffalo produced to provide the compelling government interest in personnel should be eliminated. enacting the program) should be the model for any MBE/WBE 18. The Community Development Block Grant Process should program initiated by the City. be revamped. Nearly a billion dollars has come to the City of REFERRED TO THE MINORITY BUSINESS ENTERPRISE Buffalo since 1974 and what do we have to show for it? SPECIAL COMMITTEE. 19. Examine State Mandates and allow the City of Buffalo to move School Board Elections to November. NO. 83 20. Eliminate forced busing and return to neighborhood J. GOLOMBEK JR. ST schools in the City of Buffalo and rebuild our communities and “21 POINTS FOR THE 21 CENTURY” neighborhoods. It is with great regret that I write this letter. The regret is due to 21. Reform the Custodial Engineers Contract for the Buffalo the fact that the politicians of the City of Buffalo, County of Erie, Public Schools so that schools can be used for more than just State of New York and the United States of America have not the school day. been able to do their jobs for the past fifty years. The regret is The task before you is daunting and the suggestions I have also due to the fact that the business community and recommended will help change the City of Buffalo for the leadership have added to the better. Below I will elaborate on each recommendation as to miasma that we in Western New York currently find ourselves give the rationale and projected benefit to the City of Buffalo for in. Last, but certainly not least, there is regret that the residents each reform. If these proposals are enacted governmental of Western New York have allowed themselves to elect failed reforms (which are badly leadership, whether Democrat or Republican, Liberal or needed) such as a part time Common Council and City Conservative, black Manager form of Government could be implemented. or white. The Queen City finds a Control Board placed upon 1. Cities such as Rochester and Syracuse have received her for years of neglect and there is enough blame to be shared extra funding from their respective county governments by many. because of the realization that to have a healthy region the Regret or not, there is a Control Board, and I believe that if you central hubs must be successful. If the City of Buffalo would are willing to look objectively at the situation Buffalo finds have been receiving an increase in the sales tax based upon herself in, you may be able to help rectify the situation. With the the extra (temporary) penny of the sales tax, we would not find future of the Queen City in mind I would like to make ourselves in the fiscal problem we currently face. The recommendations for implementation to turn around a half arguments used against a sharing of the sales tax with the City century of decline: of Buffalo are hollow at best. "The County cannot afford it," is 1. Revamp the sales tax formula to add a new revenue stream quite often heard. If the City of Buffalo must put her fiscal to the City of Buffalo. house in order, then so should the County of Erie. There is 2. The County of Erie should put a moratorium on any new waste in all governments of the region; it is the City of Buffalo connections to water or sewer systems in Erie County. who has reached crisis stage first. The extra penny of the sales 3. The Niagara Frontier Transportation Authority should expand tax was supposed to be temporary. It was not supposed to be the Metro-Rail to the Cobblestone District, Airport and the used to balance future budgets. What it was never intended to University at Buffalo's North Campus. do is exactly what it has begun doing. "The City of Buffalo 4. The Federal Government should establish Presidential receives social services and ECMC benefits far more than any Libraries at the Richardson Towers. other municipalities in the County," is another argument used. 5. The Buffalo Municipal Housing Authority should be Once again this is a hollow argument. The residents of Erie dissolved. County who reside in the City of Buffalo benefit from State 6. All underutilized and nonessential City and School Board mandated social programs. Should the poor of the City of properties should be immediately sold. Buffalo suddenly move to Orchard Park, the County dollars 7. The fiscal year for the City of Buffalo should be changed would follow them. The City does not benefit from from its current July 1 -June 30 to January 1 - December 3 1. approximately 1,200 miles of county roads in Erie County. 8. The Landlord Licensing Law, which has been on the books There is a double standard facing the City of Buffalo that most since 1998 but never enforced, should be implemented other municipalities do not have to deal with. If the County of immediately. Erie refuses to share the extra penny of the sales tax with the 9. Buffalo CitiStat should be given the technical assistance City of Buffalo, it should be eliminated to ease the tax burden necessary to be implemented during this current fiscal year. on all County Residents. While the Control Board is looking at 10. The homestead and non-homestead tax system should be wasteful duplicate services you should look at the rationale changed with serious consideration being given to land value behind why we have a county government that duplicates taxation. services that could be better administered at the local level. 11. The State should change the law for all future employees of Perhaps the real answer to that question is local control with the City of Buffalo that they be required to Eve in the City of the elimination of County Services that can be delivered on the Buffalo. local level. The state could administer the Medicaid System and 12. The City of Buffalo should create a Department of Public county taxes could be reduced or eliminated. But that would be Safety out of the Police, Fire and Inspections Departments with no lay-offs of essential safety personnel. truly revolutionary and I fear there is no one with the BMHA is political. For many years it has been used as a governmental or political wherewithal to tackle that issue. patronage pit for the politically well connected. Poverty has 2. The State of New York has not been able to follow in the become a bureaucratic industry in which the only reward one footsteps of our -great leaders of the past like Teddy Roosevelt can hope for is to perpetuate the system. or Al Smith who were able to push through progressive 6. There are numerous city owned properties that should be reforms. SmartGrowth and anti-Sprawl Legislation has died in sold to for-profit organizations in order to put the property back both houses and Governor Pataki has not been a champion of on the tax rolls. Study the number of high schools in use in any long term solutions to the problems facing the City of 1965 as compared to the population of students and compare it Buffalo. Since the State has shown no leadership the County of to 2003. Perhaps with Federal assistance obsolete school Erie should push through reforms to end Sprawl and help, not properties could be demolished and single family homes could only the Cities of Erie County, but also the first ring suburbs as be built. These homes could be used as part of a settlement well. There should be an immediate moratorium on connections for people who live in places like 858 East Ferry Street or to sewer or water lines in Erie County. This would save our Hickory Woods. greenspaces, stop the wasteful county subsidizing of sprawl 7. The City of Buffalo follows a fiscal year that begins July 1 and turn developers' and homeowners' attention to our region's and ends June 30. At one time this was considered to be quite cities and first ring suburbs. This could be done immediately a progressive move. Part of the rationale was to allow City with long-term benefits for both the City of Buffalo and the rest Government to know what the State Budget (that is supposed of the County of Erie. to be passed on April 1) has set aside for Buffalo. Due to 3. Great cities have great public transportation. There is a politics, gamesmanship and incompetence the State Officials, direct relationship to quality of life issues, non-taxed land and both Democrat and Republican, have proven incapable of doing an adequate public transportation system. Downtown Buffalo their job. The budget process for the City begins for the has become a depository for automobiles rather than a Council on May 1 and a balanced budget must be passed by pleasant place to live in and visit. There needs to be an May 21. Quite often we must make assumptions as to what extension of the Metro-Rail, first to the airport, then to the kind of aid the City will be receiving. If the budget year was University at Buffalo's North Campus, Niagara Falls, the great changed to January I to December 31 it would allow for the ski country of the southern tier and eventually to Toronto. There States incompetence and ultimately help with the periodic must also be a more comprehensive public transportation shortfalls that plague the City due to a shortage of cash on system that does not force poverty to reside in the City of hand. Any State money due the City of Buffalo would be Buffalo. There must be better public transportation so those required to arrive in City coffers in June, midway through a among us with disabilities may live throughout the entire region budget year rather than at the tail end of one. rather than select neighborhoods of the City of Buffalo. Please 8. The City of Buffalo has a supply of older housing stock. remember the high amount of non-taxable land in the City of In most neighborhoods houses were built prior to the First Buffalo is caused because the transportation system makes it World War. Much of the housing was built as temporary units very difficult for those in poverty or in distress to live outside the for poor immigrants. Over the years many families moved out of City of Buffalo. Since the sales tax is not adequately shared the old neighborhoods to other parts of the City or the Suburbs. then this burden should be shared equally throughout the Absentee landlords who do not always take adequate care of County. their properties purchased many of the older properties. To 4. Name a city that has had two presidents who resided remedy this situation the Common Council passed a Landlord there. The answer is of course Buffalo and the presidents are Licensing Law in 1998 that would require every non-owner Millard Fillmore and Grover Cleveland. Name a city that has occupied property in the City be registered and inspected every had two presidents who resided there and has no Presidential three years. Not only would there be a new revenue source Libraries and the answer would definitely be Buffalo. This is a (seventy-five dollars every three years) for the City but problem shame that it takes a hundred years for this issue to be brought properties would be addressed on a regular, systematic basis up. Perhaps the problem is a locale for the library. The State rather than the current complaint driven process. has some property on Forest Avenue that it has not been able 9. The City of Baltimore has implemented a program, to maintain (as a matter of fact they lost a lawsuit that I was one based on a New York City police program called CitiStat that of the plaintiffs in regarding their lack of maintenance). The has saved that Maryland city more than $42 million in three Richardson Towers are a feat of outstanding architecture that years. CitiStat is a program that uses GSI Tracking, computer are crying for a valid use. Located near the Elmwood Museum information and a strong management style to hold City District and adjacent to the SUNY College at Buffalo this would employees (top to bottom) accountable for the job they are be an outstanding location for an interactive Presidential Library being paid a very fair wage. Through the leadership of Human that could be both an intellectual and tourist spot. The Buffalo Resources Director Len Matarese, the City of Buffalo has Municipal Housing Authority is an anachronism that belongs to begun slowly implementing the program in the Queen City. It is a previous age. Years ago public housing may have worked but my understanding that there are some technical problems times change. Warehousing poverty in cities in "housing facing the City, making a full implementation difficult at this projects" has neither solved nor addressed the issue of poverty time. Regardless of the cost I believe that CitiStat should be and its causes. By placing large numbers of poor people in immediately implemented. Based on the Baltimore model I dense pockets poverty becomes the norm. The Federal believe that the City of Buffalo could save a great deal of money Government should reform the Section Eight housing vouchers with no layoffs, only a more professional operation. program so that large concentrations of poverty no longer are 10. The City of Buffalo currently has a two tier tax system The concentrated in Cities. Economic segregation in order to hide Homestead Rate is $20.85280649 per thousand and the our poor from the rest of society must stop. Mass non-Homestead Rate is $37.25594837 per thousand of a concentrations of poverty cause City schools to fail and properties assessed value. This tax system drives businesses perpetuate the cycle of poverty in Buffalo and other cities out of the City to cheaper suburban and rural locations and throughout the nation. The actual value of the BMHA properties adds to our financial dilemma every year. There are two is open to speculation. Some estimate their value as high as suggestions that could help the City of Buffalo's long term $50 million. If that is the case and if those properties were put financial viability. The first would be a ten-year plan that bridges on the tax rolls the City would collect an additional $1 million the gap between the disparate tax rates. If other reforms from dollars a year. The largest stumbling block to reforming the this report are enacted, such as the dissolution of the BMHA, the extra tax dollars that come into the City of Buffalo could would like to make is that the Erie County Sheriff s Department be used to lower the non-Homestead tax rate to encourage begin patrolling in the City of Buffalo at all regional events such businesses to locate in the City instead of fleeing to cheaper as Sabres Games at HSBC Arena, Dunn Tire Park and the locations in the suburbs. If more businesses find it Theater District to name a few places at no cost to the City of economically viable to build or locate in the City of Buffalo our Buffalo (we already pay County Taxes). The Erie County tax base rises to cover the cost of lowering the non-homestead Sheriff s Department currently patrols Ralph Wilson Stadium at rate and brownfields would have a better chance of being no extra cost to the residents of Orchard Park. When the City redeveloped. The second suggestion is that New York State of Buffalo made the same request for HSBC Arena there was a consider allowing Buffalo to use a variation of land tax reply that Buffalo pay for the service with the $500,000 ground valuation. This would benefit business and property owners rent received from the Buffalo Sabres. Why the double who take care of their property. Instead of being penalized for standard between Buffalo and Orchard Park? Are we not both improvements, owners who let their properties run down would County Taxpayers? Is it not ironic that Buffalo residents be penalized. subsidize Orchard Park but when the City asks for additional 11. Currently police and fire personnel may live outside the City sales tax we are told no? Something is wrong. of Buffalo. New York State should change the law to allow the 15. One union represents the Buffalo Police Department for City of Buffalo to put in place a residency requirement for all both officers and administration. This should be changed future hires. Any person who works for the City of Buffalo, immediately to two different unions, one representing the Board of Education or City of Buffalo Authority should be administration and the other the rank and file. Too often there required to live in the City of Buffalo for the duration of their can and are conflicts of interest when members of the same employment. If this were currently the case there would be union are expected to reprimand their brothers and sisters. The several thousand more families residing in the Department could be run more smoothly with this change and City of Buffalo paying property taxes, attending Buffalo schools grievances could be cut down. and making our communities more vibrant and wealthy. 16. There has been much talk about regionalism in Erie Another long-term benefit would be a slowing down of sprawl in County. Unfortunately I do not believe that there has been Erie County and Western New York. serious discussion in this regard. There should be a serious 12. Rather than having numerous departments in the City of study undertaken regarding the expansion of the Buffalo Sewer Buffalo often times duplicate the work of other and Water Authorities throughout Erie County. If it would be who cheaper for the City of Buffalo Sewer and Water Authorities to departments there should be a consolidation of the Police, Fire expand outward we should seriously consider marketing and Inspections Department into a Department of Public ourselves. As a supporter of a realistic approach to regionalism Safety. Some of the benefits to this would be an elimination in I believe that this should be looked at and if feasible enacted bureaucratic services from three departments to one and a upon. streamlining of inspections and fire prevention (with the fire 17. There is currently an odd practice in Buffalo City Hall called department assisting in systematic inspections of the entire summer hours. Between the Fourth of July and Labor Day all City in conjunction with Landlord Licensing). The Control Board non-exempt employees work thirty minutes less per day. Some should also look seriously at realistic regionalism such as a estimates are as high as $4 million lost in work hours. This merger of the Buffalo and Lackawanna Fire Districts and should be eliminated for all City workers or a corresponding cut adding the responsibility of Fire District Number One to the City in wages should be enacted. Due to the crisis that the City of of Buffalo. Not only would this promote a regional approach to Buffalo finds Herself in I do not believe City employees would fighting fires with the best Department in the region (and quite oppose assisting the City in Her time of need. I think they possibly the nation) taking on additional areas to practice their realize that it is better to work more than not at all. For a expertise, but it would also open up additional revenue sources forty-hour paycheck every employee should put in at least forty for the City of Buffalo. Once the rest of the region sees that this hours of work. approach works it is very possible that there would be a new 18. Since 1974 nearly a billion dollars of Community interest in more regionalism by letting the experts ply their trade Development Block Grant Funds have come to the City of instead of the empty rhetoric of the politicians. Buffalo. What do we have to show for it? The system must be 13. There are currently many unsolved major crimes in the City revamped. With the appointment of Tim Wannamaker as of Buffalo. There are also numerous complaints ranging from Director of Strategic Planning I believe we have the first step in loud music and speeding cars to suspected drug activity that reforming a ridiculous process. Mr. Wannamaker has already go unanswered. New York City was able to win the quality of spoken out against the shotgun approach that has been taken life battle by adding more police officers, enforcing a zero to Block Grant dollars in the past and I could not agree with him tolerance policy and professionalizing their police department. more. I would like to recommend a revolving three-year plan for Criticism notwithstanding the Big Apple was able to change its the better implementation of CDBG funds in the City of Buffalo. image and so too could Buffalo if the Police Department was The City of Buffalo should be broken up into three roughly given tools necessary to serve and protect the residents of the equal spheres: North, Center and South- Instead of throwing City of Buffalo. One way of doing this is by hiring adequate Block Grant dollars at numerous programs that have little to numbers of police can perform their duties without staff who show for their work I would like to recommend a less parochial limitations. If this is not possible then the Erie County Sheriff plan. This plan would go like this. While not forgetting any s Department, New York State Police and if necessary the neighborhood I would like to recommend that the bulk of next Federal Bureau of Investigation should be invited in to years dollars be spent in the central sector. Genesee Street is supplement the duties of the Buffalo Police Department. a travesty and has been for nearly my entire life. It is the main Residents and visitors of Buffalo need to feel safe. They artery connecting the Greater Buffalo Airport with downtown deserve it. Buffalo. One would think it would be a showcase for the City of 14. Over the years there has been much talk about regionalism Buffalo but nothing could be further from the truth. The City but to date very little of substance has occurred. At times I fear should completely rebuild the Street next year from water and the discussion of regionalism has been supplanted by control. sewer lines to street and sidewalk replacement. Included in this There is no one plan that will work perfectly. For this region to should be the expansion of the Metro-Rail from downtown to survive there must be discussion and compromise. the Airport. At the completion of this project residents of Buffalo Regionalism may be able to work but only if it is implemented in should be able to see tangible results for the Federal Dollars a well thought out and intelligent way. The recommendation I that come into this community. The following year the bulk of come up with a plan to assist areas stricken with poverty cities the CDBG dollars should go to the southern sector for an will continue to suffer and decline. While in many regards the equally important project and in the third year the dollars would Control Board is a terrible idea I prefer to think that you have an hit the north sector. Year four would see the process begin opportunity to document and address the problems of an urban again in the central sector. If people can see tangible results in area that, if done properly, may be of use to more than the their city it will change the negative attitude that people 287,000 residents who five in the City of Buffalo. (including her residents) have about her. Thank you for taking the time to consider my proposals. Should 19. For years the City of Buffalo has complained about you wish to discuss these or any other items please feel free to unfunded State Mandates. These should be looked at and contact me. reevaluated in light of the current fiscal crisis facing the Queen Good luck, City. The first recommendation would be to move School Board REFERRED TO THE COMMITTEE ON BUDGET Elections from May to November. The City has asked for this on numerous occasions and received nothing but lip service. No. 84 Moving these elections to November would save approximately HAZARDOUS SIDEWALK $125,000 next year. This should not be an end but a beginning 101 EASTON ST to examining all unfunded State Mandates and ridding the City I live at 101 Easton St and the sidewalk in front of my home of the responsibility to fund and implement those that can be has been raised due o the tree roots. eliminated. Last year, the City did some patching but there still lies a 20. The main reason that young families leave the City of hazardous condition. Buffalo is because of the poor quality of education that their This is a residential area and my biggest fear is children children receive. For too long the children of Cities have been playing and tripping. used in a social engineering experiment that has failed. Thank you for your immediate attention to this matter. Schools should be used to educate our children for the future REFERRED TO THE COMMITTEE ON LEGISLATION AND and build a sense of community in the neighborhood they live THE COMMISSIONER OF PUBLIC WORKS in. Forced busing has not improved education but it has harmed once strong neighborhoods by moving children NO. 85 throughout the City of Buffalo. Forced busing should be CONCERNS immediately stopped in the City of Buffalo. Emphasis should be EMPIRE PORTS NETWORK placed on quality schools in each neighborhood that are I am a resident of Buffalo and an employee of the Empire walkable for both children and parents. If this were to happen Sports Network. A number of recent events have been very there would be more parent involvement in our schools and disturbing to my colleagues and myself. The latest piece of more community involvement after hours. Children currently information we have tells us that Adelphia is planning to close have no clue as to what community they belong in. If the Empire Sports Network and fire it's staff of nearly 100, but neighborhood schools improved new families would want to live is waiting to do so until after a meeting between Adelphia's new in the district with the best schools. This would help to rebuild CEO's and the Common Council to avoid having to answer to neighborhoods and a sense of community that has been the public. missing for quite some time. Even though 85% of busing is Many factors over the last 2 months lead me to believe that the reimbursable I believe that there are better uses for both our above is true. First, even after the Sabres decided not to City and Federal tax dollars, It is ironic that City residents exercise the option to get out of their broadcast contract, have helped subsidize our demise. Adelphia management publicly stated they were going to look 21. For many years I have heard discussion surrounding the into broadcasting the Sabres games on a station other than contract for Custodial Engineers in the City of Buffalo. The Empire. Second, management dropped Empire's affiliation with Control Board must look at the current contract and reform it. the Fox Sports Network. This has led to much of Empire's Part of the reason after school programs do not work is broadcast day being filled with programming that almost no one because of the current contract. The City must pay $56 an would want to watch. Third, no staff members that have left hour for a custodial engineer to be present whenever most have been replaced. Fourth, Empire has been taken off of school buildings are being used. This is only the tip of the basic cable in many Time Warner markets including Syracuse iceberg too. If City Schools were run More like their rural and and Binghamton, with Rochester reportedly to follow. Fifth, due suburban counterparts they could truly become community to being off basic cable in Syracuse, Empire's Inside The centers where residents could meet one another and build a Orange magazine show is unlikely to continue. Sixth, Empire's sense of neighborhood. award winning feature series Empire Outdoors has been I apologize for the brevity of my recommendations but my main cancelled, effective in August. goal is to give you an objective, non-partisan starting point in I feel these actions have been taken to whittle down Empire's your discussions to save the City of Buffalo. This list is not costs while making it as pitiful a station as possible to drive all-inclusive but should give you an overview of some of the employees to quit, thereby reducing Adelphia's severance and reforms needed to make this city solvent. The task before you unemployment payments. The flaw to that plan is that television is daunting. If you approach it with preconceived notions I in Buffalo is not a growth industry and the state of the economy guarantee you will fail. It will only be with objectivity that you will here makes it very difficult to find a job with similar be able to grasp the depth and length of the problems facing compensation. The deceitful nature of these business the City of Buffalo and do something about them. practices is what troubles me the most. Let me end by objectively looking at the problem that Cities Thank you for your attention to this matter. I have decided to throughout the country, but especially in the areas hit by poor send this information anonymously due to the fear of retribution economies, find themselves in. There is no Federal agenda for by management if Empire continues to exist. I doubt this will cities in the United States. The Democrats believe that accomplish anything other than to make a few millionaire throwing money at cities will solve urban blight and decay, but executives very uncomfortable during their meeting with you, thirty years of a failed CDBG program that pumped nearly a but I feel the need to do something to try and prevent Empire's billion dollars into the City of Buffalo with no results shows the demise. fallacy of that argument. The Republicans have no Urban REFERRED TO THE SPECIAL MOMMITEE ON Agenda. I am not sure which is worse. Until we as a nation TELECOMMUNICATION duration during normal business hours. Traffic will not be NO. 86 affected. TIMES BEACH PUBLIC ACCESS No significant adverse effects on aesthetic, archaeological, STATE ENVIRONMENTAL QUALITY REVIEW historic, or other natural or cultural resources are NEGATIVE DECLARATION expected. NOTICE OF DETERMINATION AND NON-SIGNIFICANCE Review of the project characteristics indicates that this use will This notice is issued pursuant to Part the not affect any significant or protected wildlife, plant, or fish 617 of habitats. implementing regulations pertaining to Article 8 (State No growth, subsequent development, or related activities are Environmental Quality Review Act) the NYS Environmental of expected to be induced as a result of action. Conservation Law. There will be no substantial change in the use, or intensity of August 6, 2003 use, of land including agricultural, o space or recreational NYS Office of Parks, Recreation, and Historic Preservation- resources, or in its capacity to support existing uses. Field Services Bureau The action will not impair the environmental characteristics of a (Peebles Island - Dr. Nancy Herder) Critical Environmental Area as designated pursuant to NYS Department of Environmental Conservation, Region 9 - subdivision 6 NYCRR, 617.14(g). Division of Environmental There is no material conflict with a community's current plans Permits (Mr. David Denk) or goals as officially approved or odor as a result of this U.S. Army Corps of Engineers - Buffalo District - Regulatory action. Program The action will not create a major change in quantity or type of U.S. Fish and Wildlife Service - Fish and Wildlife Management energy consumed. This action is not a hazard to human health. Assistance Office All facts and findings of this review are on file at the (Amherst NY) th Department of Environment and Planning, 10 Floor Edward A. Anthony Masiello, Mayor - City of Buffalo Rath County Office Building, 95 Franklin Street, Buffalo, New City of Buffalo - Executive Director Economic Development - York 14202. These files ma) Mr. David Sengbush examined by the public between the hours of 9:30 a.m. and 901 City Hall 4:30 p.m. of any normal operating Ms. Sandra Nosca, Esq. 920 City Hall Written comments may be submitted the Review Coordinator, City of Buffalo Department of Public Works - Mr. Joseph at the some address Giambro Mr. Greg Bernas, 901 City Hall RECEIVED AND FILED City of Buffalo Director Land Use Planning - Mr. William Grillo City of Buffalo City Clerk, 1308 City Hall - Mr. Charles L. NO. 87 Michoux III GAS STATION City of Buffalo Council Member Mary Martino, 1554 City Hall APPEAL RULING Erie County Division of Budget - Mr. Joseph Possafiume 757 MAIN ST Erie County EMC Mr. Thomas Hersey NEAR IDWAY BLDG. Erie County DEP Mr. Spencer Schofield I would like to request an appearance before the Common Erie County DEP - Mr. Laurence Rubin, Commissioner Council to appeal a ruling by the Buffalo Preservation Board Erie County DEP - Mr. Andrew Eszak, Deputy Commissioner - denying the demolition of a vacant, one story gas station Planning located at 757 Main Street. This structure is located in a lot Erie County DEP - Mr. Michael Raab, Deputy Commissioner - owned by Sidway Building, L.P., which is currently renovating Environmental Compliance the Sidway Building at 777 Main Street into 67 upscale PROJECT#: C617-03-454 apartment units. The intended use of this lot was to provide LEAD AGENCY: Erie County Department of Environment and secure, nearby parking for the tenants of this project. Planning The lot with the structure in place allows for only 53 parking NAME OF ACTION: Times Beach Public Access Trail Project spaces, which does not even provide for one space per unit. LOCATION: City of Buffalo, Erie County, New York Maneuvering in an out of these spaces will be extremely SEOR STATUS: Unlisted difficult. To exit some spaces, the driver will have to back out DESCRIPTION OF ACTION: into Main Street. By demolishing the structure a total of 73 This action involves the establishment of a nature preserve and parking spaces can be provided with access in and out of the creation of a system interconnect trails that will provide of parking being greatly simplified. Drawings are enclosed for your easy, safe public access to the site while providing passive review. recreation opportunity and educational programs. This system It is vital to the success of the Sidway project that the building of trails will eventually be connected with the Buffalo Outer be demolished. Not only does all of our competition provide one Harbor Recreation area trail system as well as, the Gallagher or more parking, but all of our research has indicated that Beach trail system, making for the first time contiguous, public parking is the number one concern for people interested in access trail system along Buffalo's entire Outer Harbor. living downtown. Enclosed please find a copy of a 1998 survey DETERMINATION OF SIGNIFICANCE conducted by Buffalo Place, Inc. as supporting evidence. In accordance with adopted review procedures and the criteria The leading question asked of the Property Manager leasing set forth in Part 617.7, the proposed ac described above will the building is if there is on-site parking. These are luxury not have a significant effect on the environment and a Draft apartments that will rent for up to $1,200 for a two bedroom Environmental Imp Statement (DEIS) will not be prepared. unit. To afford the rents for some of the units it will require two Reasons Supporting This Determination: incomes. These tenants will be looking for two parking spaces. No substantial, adverse change in existing air quality, water If the objective of the City is to compete with the suburbs and to quality, solid waste production, traffic patterns, or noise levels get people to live downtown, then they must provide the basic is anticipated as a result of this action. amenities desired by renters. To live in our City you must have During construction, there will be increased noise and dust; a car, and therefore need parking, as there are no grocery however, this will result in small to mode impacts of limited stores, doctors, pharmacies, etc. in the downtown area making 2. To study the effect of trees and other plants on air travel to other parts of the City necessary. pollution REFERRED TO THE COMMITTEE ON LEGISLATION AND 3. To create an educational resource for teachers in THE PRESERVATION BOARD Brooklyn school districts 13 and 14 that focuses on the relationship between trees and the local NO. 88 environment. Bi-National Integrated Environmental Process The project's landscape architects are currently investigating Peace Bridge Expansion suitable planting sites. These sites will be within two blocks of Project the BQE in residential neighborhoods in locations with Discussion populations that may be sensitive to poor air quality such as Air Quality/Public Health children and the elderly. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR Based on the planting plans, researchers from the USDA REVIEW Forest Service will estimate the amount of various pollutants REFERRED TO THE SPECIAL COMMITTEE ON BI-that can be removed from the air by the combination of existing NATIONAL BRIDGE vegetation and the BQELEP plantings. In addition to local environmental and aesthetic benefits, the project is intended to No. 89 demonstrate the value of urban forestry to other communities in Bi-National Integrated Environmental Process the region. Peace Bridge Expansion DEP's Office of Environmental Planning and Assessment Project provides the planning and management of the project. DEP Draft Outline of Real Estate selected the landscape architecture firm Johansson & Acq. Guidelines Walcavage in Brooklyn to: design the specific locations of COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR plantings along the BQE; collect information about native tree REVIEW species and the most effective methods of planting in urban REFERRED TO THE SPECIAL COMMITTEE ON BI-conditions; and, implement a public education program. The NATIONAL BRIDGE public education component will provide Brooklyn School teachers with training and information about urban forestry. The Council on the Environment (CENYC) has been selected NO. 90 to develop the public education program. BI-NATIONAL INTEGRATED ENVIRONMENTAL PROCESS Trees and Air Quality PEACE BRIDGE EXPANSION PROJECT Trees and other plants improve air quality by affecting WORK IN PROGRESS temperature, airflow, and humidity. More importantly, in terms LOCATION ALTERNATIVES of the goals of the BQELEP, trees help remove air pollutants COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW such as airborne dirt, fly ash, dust, pollen, and odors. Three REFERRED TO THE SPECIAL COMMITTEE ON BI-ways trees remove these pollutants include: 1) dilution, 2) NATIONAL BRIDGE intercepting particles, 3) slowing air currents. Dilution refers to the mixing of good or clean air with polluted NO. 91 air. As polluted air flows in and around trees, it mixes with air PROCEDURES/TIME SCHEDULE that has been oxygenated by the trees. In the process of FOR absorbing carbon dioxide to use in photosynthesis, plants ACQUISITION OF PROPERTY produce oxygen. USING POWERS OF Plants intercept particles in the air by trapping them on the tiny EMINENT DOMAIN hairs and moisture of leaves and stems. These particles stay COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW on the plant until washed away by rain or irrigation. REFERRED TO THE SPECIAL COMMITTEE ON BI-Particles also settle when faster moving air filled with pollutants NATIONAL BRIDGE enters a stand of trees and is forced to slow down. Once the airflow slows, the particles are no longer suspended in the wind NO. 92 and tend to settle onto leaves or onto the ground. The result is Brooklyn Queens Expressway Landscape that the air on the downwind side of the stand of trees is Enhancement Project cleaner than the air on the upwind side. What is the BQELEP In addition, trees also remove gaseous pollutants such as The Brooklyn Queens Expressway Landscape Enhancement ozone, carbon monoxide, sulfur dioxide, and nitrogen dioxide by Project (BQELEP) was developed by the New York City absorbing them through pores in the leaf surface. Department of Environmental Protection (DEP) to reduce air Scientists working with the USDA Forest Service have pollution by planting trees and other vegetation along the BQE. conducted research on the effect of individual trees species on While the project is focused on reducing the impact of heavy carbon monoxide, nitrogen dioxide, ozone, airborne vehicle traffic on air quality, it will also provide aesthetic particulates, and sulfur dioxide. This information has been used enhancement, reduce temperatures in summertime, and to calculate the overall effect of the urban forest on local air provide noise reduction in residential areas. quality. The majority of the project will be funded through a federal In addition to advising the project's landscape architects in ISTEA (Inter-modal Surface Transportation Efficiency Act) selecting and locating trees, the scientists will conduct an 'Air grant administered by the New York State Department of Quality Benefits Analysis' to determine the air quality Transportation. The City of New York will provide matching improvement from trees planted in the BQELEP study area. funds. After analyzing data on the existing vegetation and on existing There are three main objectives of the BQELEP: air pollution in the area, they will use a computer model to 1. To plant native trees along the BQE and on adjacent estimate the growth of new trees and the expected pollution streets in Brooklyn removal capacity during the next thirty years. Community Boards, Understanding the actual and potential amount of pollution that can be removed by vegetation in urban areas provides a strong incentive to city planners to include urban forestry practices as 1970, CENYC has created effective EE services and a strategy in air quality management. conducted hundreds of workshops addressing most Where we will plant trees environmental issues affecting New York City. CENYC training The plantings will be located in areas that will provide the programs for students and teachers include the organization of greatest benefit to people who may be sensitive to poor air environmental improvement projects as well as a collaborative quality and adverse environmental conditions. Many of the trees effort to establish and sustain the High School for will be within one block or two from the BQE- The landscape Environmental Studies. While the information resources will architects from Johansson & Walcavage have identified the address trees and air quality in New York City in general, the residential areas and the locations of schools, playgrounds, presentation of this material will be geared specifically to the hospitals, senior citizen centers curriculum in Brooklyn schools. and similar facilities. Wherever possible, trees and shrubs will Based on discussions with Brooklyn teachers, school be planted to buffer these areas in close proximity to the BQE. principals, district staff developers, and other relevant staff, In some cases, planting will occur along the BQE Open Road will develop lesson and activity plans to be embankments or exit/entrance ramps. presented to teachers at two workshops in the Spring of 2000. All planting will be subject to approval by the city agencies in Teachers can demonstrate aspects of tree biology through addition to DEP. The section of the BQE in the project study visits to street tree plantings done by the BQELEP in school area is under the jurisdiction of the New York City Department neighborhoods. The project goal for the program is to help of Transportation. (DOT). When the maintenance contract is teachers create a link between the classroom and the outdoor over, the planting adjacent to the highway will be maintained by environment. DOT. Some of the considerations involved in DOT approval of Project Schedule: the planting plan include: maintenance feasibility in difficult to Complete Design Process: February 2000 Commence reach areas; erosion control measures where new soil is being Community Outreach: March 1999 Landscape Construction: added to highway embankments; and clearance standards to Fall 2000 and Spring 2001 Commence Public Education: maintain safe visibility for drivers. Spring 2000 All street trees in New York City are under the jurisdiction of the For more information about the Brooklyn Queens Expressway Department of Parks and Recreation (DPR). In addition to Landscaping Enhancement Project, please call (718) requiring that the list of selected species meet the approval of 595-4409. the Director of the Street Tree Division, DPR has the following REFERRED TO THE COMMITTEE ON BI-NATIONAL criteria for new street tree locations. The location of the tree BRIDGE must: 1. not block the view of a front door from the street; NO. 93 2. allow for a minimum 8'x3'or 6'x4'foot planting pit; ACCMMMODATE 3. allow 5'frorn a driveway curb cutout; DEVELOPMENTALLY DISABLED 4. allow 5'from a meter, hydrant or traffic sign; I had filed my letter to the City Clerk office on June 1 91b, 5. allow 20'from an existing tree and tree canopy; for it to be heard and approved by the members of the common 6. allow 2frorn a gas or water valve; council. I'm requesting again, that members of the common 7. allow 4'frorn an oil fill pipe; council, approved exclusive accommodations of modified and 8. allow future utility line clearance; accredited academic programming. I'm requesting this plan for 9. allow clearance from yellow bus stop line; the developmentally disabled adults that are learning 10. be free of any obstacles to tree growth; and, impaired. Non-traditional academic standards need to be 11. be Asian longhorn beetle resistant. created and designed to fit different size learnin2 capacities Please be aware that many existing trees do not meet all of of the learning impaired adults of all ages. They need modified these criteria. DPR has created this list to protect the public accommodations for accredited degree and certificate and also to ensure that new trees are given as much open programs. The modified academic accommodations need to space as possible within the confines of our urban environment be included in the draft comprehensive plan, and this is to ensure their survival and growth. needed: They need exclusive modifications in the admission Occasionally, planting locations are rejected even after the testing, and in accredited curriculums that are taught in plans have been approved because of conditions that are universities, colleges, and other learning institutions. They need discovered during the digging process. These conditions it in civil service and state examination testing, and in at-home include poor drainage, or unexpected underground utilities. degree and certificate programs for at-home and outdoor DEP has sent a notification to the property owner at each street lucrative professions and wages. tree planting site. The property owners were given the option A living, wage ordinance law, was recently approved by the not to have a tree by mailing in a form enclosed in mailing. If Common Council meeting, and your council must also approve DEP did not receive a returned letter, the tree will be planted at my requested plan. Buffalo is a city of diversed people, and a the location identified in the mailing. Property owners who large number of the diversed population, are of learning would like a tree but did not receive notification from DEP impaired people of all ages! Adult learning impaired people are should make a request to DPR at (718) 760-6793. suppose to have rights and privileges to programs that could Public Education Program help them meet their unique needs for economic self-efficies. The public education program will provide training and There will continuously be a high jobless rate among the resources for teachers in Brooklyn school districts 13 and 14 in leaning impaired because they don't' have appropriate transition order to promote urban forestry and teach school children for marketable employment and wages. about the benefits and principles of urban forestry. Teachers Traditional state academic standards should stay the will be able to attend workshops that supplement their existing same for a lot of the people who can meet those requirements! science curriculums, and will be able to access this information The modified programs that I'm requesting is for an solution, in the future through DEP's Bureau of Public Affairs. and it need to be implemented by Mr. Timothy The Council on the Environment of New York City (CENYC) is Wanamaker-he's the Executive Director of Strategic a privately funded citizens group in the office of the Mayor Planning. He's also in connection with the Draft which has a significant history coordinating Environmental Comprehensive Plan 2003. Mr. Wanamaker and Masiello, Education (EE) programs for schools Since its inception in including the common council committee, should not support the problem by not implementing and approving this plan. employment opportunities based on need and skills While Buffalo's fiscal problems are being amended by enhancement. members of the Control Board, the Common Council should I hold you, personally responsible to represent all the residents be highly involved. A lot of people would highly accept my plan, equally, and fairly. If we are left out of the loop then it is and it would be very disappointing for them to find out that your necessary that all be left out until a consensus is met. This is council don't want to approve it. If it's not supported and discrimination at its' worst and we cannot refer to what has approved by your council, then it would appear that you all don't been happening as anything but blatant racism and neglect. care about them! It would also show that your council don't You cannot ask for our support and continue to file and care about them being unemployed; among the working poor, misrepresent us as human beings. Nor can you as and unskilled for marketable positions and wages. representatives allow us to be so misrepresented as funding I'm requesting the council to approve my plan, and a lot of the obtained is done so by the depression of us as human beings. local and state government officials at all levels, should be in Do not think we are so ignorant that we cannot see what is full support of it! I would need to know what member of the going on and who stands to benefit. common council would present my requested plan, and I'll need You either rise to the occasion or we request that the offices to know the date it would be heard. I will also want to be at the held by all charlatans and those lacking leadership abilities in meeting when my filed the true sense, give up their positions. This is towards white REFERRED TO THE COMMITTEE ON EDUCATION AND and black alike. THE BOARD OF EDUCATION As we observe the latest Congressional boycott on re-districting moves, I remind you that I informed you that the NO. 94 original premise was built on racism. Challenging it means that COUNTY REAL PROPERTY TAX you understand it fully. ANNUAL REPORT Your expeditious response and expected actions are warranted Enclosed is one (1) copy of our 2003-year Annual Report of now and in the future. the Division of Real Property Tax with 2002 Equalization Rates RECEIVED AND FILED and 2003 Tax Rates for the Division of Budget, Management and Finance for your information. If you would require additional NO. 96 copies, please feel free to contact our office and we will be glad Re: Buffalo News Article by Robert McCarthy: Racial Rift to supply you with same. I would like to know as well as many other residents, when COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW is this unprofessional bickering that is impeding the Common RECEIVED AND FILED work performance going to stop? There seems to be Council's an unholy war going on and it makes one wonder about the NO. 95 validity and outcome of any serious Council business. VARIOUS ISSUES Since there are questionable issues being decided; timely ETHICS, VIOLENCE, WADIG POOL notification of council meetings, attendance of members, a) Re: letter to Ethics Committee on Council behaviors validity of issues and their presentations before the council as and decisions well as the patterns and attitudes of all members towards one b) Violence another and the voting of these issues; it is hard to c) MLK Park Wading Pool comprehend to what degree, that discriminatory bias in voting, d) Commission on Citizens Rights and Community effect the outcome of any or all decisions and outcome. Relations Whether one uses in describing the behaviors or other racism e) Advocacy position: Doris Carbonell- Medina descriptive words, it is clear to many of us that these rifts give Indeed these are grievous times for all the residents of the City cause to call on the to investigate as well Ethics Commission of buffalo as well as Erie County. Leadership is in dire need of as the Commission on Citizens Rights and Community direction and reform. However, it is worthwhile to note that the call to order should have been requested by the Relations. A above issues need to be addressed and corrected. Oftentimes, Council members long ago. we do not like the message or the messenger, but the issues While there are differing opinions on the validity of re-districting raised, are true. as we look at the splintering effects they have plans nationally, We need to have input from you as council members as to the had on many, one can only agree the original intent was racism truth of these issues and where the fault lies, especially in the and discord via discrimination. That is to say, to weaken continual denial of restoration and where the monies are in minority voting as well as to target the disenfranchised and reference to the wading pool that was never completed by now other weakened class targets. It is paramount that as this State Senator, Byron Brown. nation evolves that we realize that the call for diversity become Too long have our children and community been neglected by a reality, if any entity is to survive and the common good of all the manipulations of political forces as they place preferential constituents is to be realized. treatment to pet areas of services and projects needed to pacify I request, as well as others, that Chairman Charles Michaux, constituents. be requested to intercede in this I/l, and the Ethics Commission We cannot stand still while the violence is perpetuated in our urgent matter of Governance. Let reform start at every office of community and against the lives of people. As residents, we Government and that the People of The City of Buffalo be have allowed ourselves to be blindsided in part due to greed, represented and their rights protected from the unscrupulous political corruption at the cost of our children and families and negligent behaviors of a fairly dysfunctioning government dying. that fails to conduct themselves and the business of governing. We are cognizant of the gerrymandering of districts and funds RECEIVED AND FILED to accomplish personal interests. It is time all of this to cease. The disparity continues to exist and I would say that the NO. 97 manner of doing politics as usual allows this. This is a call for INFO BUFFALO BRAKE BEAM SITE all of you as our elected officials to see that our community and VOLUNTARY CLEAN-UP PROJECT (#V006F25) all residents receive those services that are conducive to a SITE INVESTIGATION healthy and thriving community. This includes education and INTRODUCTION The New York State Department of Environmental The Voluntary Cleanup Program was developed to enhance Conservation (NYSDEC), in cooperation with the New York private sector cleanup of properties by enabling businesses to State Department of Health (NYSDOH), is pleased to inform remediate sites using private rather than public funds, and to you that Rigel Enterprises Inc. has entered into a Voluntary reduce the development pressure on "greenfield" sites. Under Clean-up Agreement with the Department to investigate and the Program, a volunteer agrees to investigate and remediate a clean up contaminated areas on the former Buffalo Brake site to a level which is protective of public health and the Beam Property. The site is located at 400 Ingham Avenue in environment for the present or intended use of the property the City of Lackawanna, N.Y. Field activities are expected to Investigation and remediation is carried out under the oversight begin in the fall of 2003. of NYSDEC. When the volunteer complete the wok the State BACKGROUND provides a release from State liability for the work done, The Site is located in an industrial area of the City of returning the site to productive us For more information Lackawanna, adjacent to the former Lehigh Industrial Park, regarding New York State's Voluntary Cleanup Program, Site # 9-15-071, the Erie County sewage treatment facility and please visit the Department' web site at: the Lackawanna Business Par http://www.dec.state.ny.us/website/der/vcp/index.htm1. Brownfield Site (BOO080-9). Rigel Enterprises, Inc., the RECEIVED AND FILED former Buffalo Brake Beam Company, Inc., has owned and operated the site since about 1900, where it has manufactured NO. 98 parts for railroad cars. Rigel leased the site to Powerbrace DESIGNATION OF RESTRICTED HIGHWAY Corporation from 2000-2001 for the same purpose. The PORTION GRANT ST property is now vacant. Pursuant to Section 104a of the Highway Law the following ENVIRONMENTAL BACKGROUND described highway: There have been several environmental investigations and A portion of Grant Street beginning south at Station remedial actions that have been completed at the property. The 0+000 and extending along Grant Street to the north side work was required as a result of the release of petroleum and of the intersection of Amherst Street as shown on the other contaminants utilized at the facility. Existing contract plans. This includes a portion of Route 198 and contamination on the property includes arsenic, lead and Entrance, Ramps "B" and "F" and Exit Ramps "C" and chromium, petroleum constituents, and volatile organic "E". compounds. All in the City of Buffalo in Erie County DESCRIPTION OF THE REMEDIAL ACTION which is being reconstructed under Contract No. D259335 is Under the Voluntary Clean-up Agreement, Rigel Enterprises hereby designated as a Restricted Highway. Designation of Inc. will summarize past environmental actions, further identify restricted high-o shall expire on August 27, 2004. the nature C . site and implement a Rem6dial Action Plan to Pursuant to Section 1625 of the Vehicle and Traffic Law all address specific areas identified under the Voluntary movement of vehicles, persons or animals on such highway is Agreement with the NYSDEC. her restricted and regulated in accordance with the As part of the agreement the following tasks will be completed: determination of the Commissioner of Transportation as prepare Site Soil Management Plan; evidenced by posted signs, sign or barriers placed along said fill the Quenchant pit with clean fill and install a concrete pad highway and/or by directions by an authorized representative of over the now filled pit; the Commissioner of Transportation. obtain subsurface soil samples to delineate extent and Any action taken by the Commissioner of Transportation determine if significant concentrations of Tetrachloroethene pursuant to Section 1625 of the Vehicle and Traffic Law shall may be present; supers any other provisions of the Vehicle and Traffic Law excavate Tetrachloroethene contaminated so where necessary where inconsistent or in conflict with respect to the following to satisfy clean-up standards implement Site Surface enumerated subjects: Monitoring Plan; 1. Establishment of maximum and minimum speed limits at sample electrical transformers (3) for PCBs which vehicles may proceed along any such restricted and, highway evaluate results from clean-up activities, and additional 2. Weights and dimensions of vehicles. sampling and evaluate the status of the Site with respect to 3. Use of such restricted highway by pedestrians, satisfying the voluntary cleanup requirements and submit equestrians, and animals. remedial action final report to NYSDEC. 4. Parking, standing, stopping arid backing of vehicles. Additional details of the proposed remedial activities can be 5. Control of persons and equipment engaged in work on found in the report entitled such highway. "Remedial Action Work Plan for The provisions of the Vehicle and Traffic Law with respect to Voluntary Clean-Up at Buffalo Brake Beam Site in registration shall not apply to vehicles and equipment engaged dated May 15 Lackawanna, New York", 2003. in v on such restricted highways - FOR MORE INFORMATION When used on such restricted highways, all traffic control Public understanding and involvement are crucial to the devices shall be considered as official traffic control devices success of New York's Voluntary Cleanup Program The and conform to the manual and specifications for a uniform NYSDEC has all site documents available for your review, by system of traffic control devices adopted by the Department of appointment only, at our Buffalo Office, 27 Michigan Avenue, Transportation. Buffalo, N.Y.; or, at the Lackawanna Public Library, Ridge 560 RECEIVED AND FILED Road, Lackawanna 14218 If you would like to (716)823-0630. review any documents or, have any questions, concerns or NO. 99 comment regarding environmental aspects of the site, please HAZARDOUS TREES contact Mr. Gregory Sutton, Project Manager, at (716 STOCKBRIDGE AVE For site related health concerns feel free to contact 851-7220. Here is notice the trees at the following addresses are the New York State Department of Health' Mr. Cameron a hazard and a potential lawsuit to the city: O'Connor, Public Health Specialist, at (716) 847-4385. 272 Stockbridge Ave. Buffalo, NY 14215 ABOUT THE VOLUNTARY CLEANUP PROGRAM 275 Stockbridge Ave. Buffalo, NY 14215 277 Stockbridge Ave. Buffalo, NY 14215 295 Stockbridge Ave. Buffalo, NY 14215 NO. 107 296 Stockbridge Ave. Buffalo, NY 14215 B. DAVIS-B. P.G. GORDON & O-CONCERNS-CONDITIONS 308 Stockbridge Ave. Buffalo, NY 14215 AT JOHNNIE B. WILEY SPORTS PAVILION PLAYGROUND Please file as a hazard to the City Clerk's Office. Please file the attached letter regarding the condition at the REFERRED TO THE COMMITTEE ON LEGISLATION AND Johnnie B. Wiley Sport Pavilion Playground a.k.a. Masten Park THE COMISSIONER OF PUBLIC WORKS for the upcoming Council Session to be held on Tuesday, September 2, 2003. PETITIONS Should you require any further information, please feel free to contact my office at 851-4980. Thank you. NO. 100 Petition on file in Clerk’s Office. Text of Petition follows: K. DONATO, AGENT, USE 1350 HERTEL FOR A GROUND On the day of July 29, 2003 1 had took my 3 year old SIGN. (HRG. 9/9) son and my 6 year old daughter to play at the playground at the REFERRED TO THE COMMITTEE ON LEGISLATION, Johnnie B. Wiley Sport Pavilion on the Best street side across DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING from the Armory. While they were playing I could not help but to BOARD AND CORPORATION COUNSEL. notice the poor condition of the playground. The playground is in such bad condition that it is now hazardous and posses a NO. 101 dangerous threat to my children and other children safety. P. VALLONE, OWNER, USE 1281 HERTEL FOR A TAKE There are parts and pieces missing from the play equipment. OUT RESTAURANT. (HRG. 9/9) The wood is deteriorating and warped. It is also a rumor that REFERRED TO THE COMMITTEE ON LEGISLATION, the sand on the premises is contaminated. And, what is even DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING more hazardous and a greater danger to the safety of our BOARD AND CORPORATION COUNSEL. children, the concrete anchors that are use to stabilize the play equipment is now protruding out from underneath the ground. NO. 102 Being that the playground is in such bad condition and out of B. Ebechard, Agent, Use 2677 Delaware-Illuminated Pole great concern for child safety, I felt that it is my responsibility to Sign write to inform you of the poor condition of this playground. The attached is for Common Council Approval; but per That in the event a child was to be injured we the people would Permits, no public hearing is required. have a strong case against the city. Somebody might respond REFERRED TO THE COMMITTEE ON LEGISLATION, by saying that parents should not allow their children to play at DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING the playground if the playground is unsafe, and that it would be BOARD AND CORPORATION COUNSEL. the parents fault if their child or children were to be injured while playing at the playground. But, why should our children NO. 103 be deprived a safe place to go and play because of somebody K. Widdowson, Agent, Use 1975 Delaware-Illuminated else's negligence, and this applies to all of you who are in office Ground Sian to serve we the people. I feel that it is time for this day and era The attached is for Common Council Approval; but per to end and no longer should it be required for each Council Permits, no public hearing is required. Man/ Council Woman to be responsible for the maintenance REFERRED TO THE COMMITTEE ON LEGISLATION, and upkeep of their district. It has been proven to be too big of DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING a task, and what is even worse it invokes contention and BOARD AND CORPORATION COUNSEL. division. I feel that the only sole responsibility that each Council Man/ Council Woman should have is that of conveying and NO. 104 reporting the needs of their district to the Chamber of the L. F. DiGrezorio, A2ent, Use 1770 Elmwood-Illuminated Common Council, and to City Hall, And, after this has been Ground Sign done then it should be a collective effort the burden of assuring The attached is for Common Council Approval; but per that the needs be provided for each neighborhood, each Permits, no public hearing is required. community, and each district should fall on every person who REFERRED TO THE COMMITTEE ON LEGISLATION, have been elected, placed, or assigned into an office to serve DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING we the people. I feel that it should be the goal of every person BOARD AND CORPORATION COUNSEL. who has been assigned, placed, and or elected into an office to serve we the people, that each neighborhood, each community, No. 105 and each district be a refection of the other. S. Finzer, Agent, Use 325 Manhattan-Illum. Ground Sign. This is the spirit that the government of this city of Buffalo The attached is for Common Council Approval; but per needs to make a turnaround and become a prosperous and Permits, no public hearing is required. successful city. For God's word informs us that just as a house REFERRED TO THE COMMITTEE ON LEGISLATION, that is divided against it DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING self, a city that is also divided against it's self can not stand BOARD & CORPORATION COUNSEL. (Mark 3:25). Too long has this playground been in this condition, and to allow a summer camp to continue utilizing this NO. 106 facility is unwise. Therefore M. MARTINO-J. BEYERS & O-REQ. INSTALLATION-STOP we the people implore you: Please! Restore, Update, and Anew SIGN-MERIDEN ST. & CUMBERLAND AVE. the playground immediately so that our children would have a Please file the enclosed correspondence for the Council safe place to play, and before a child is injured or worse. meeting of September 2, 2003. Petition on file in City Clerk’s REFERRED TO THE COMMITTEE ON LEGISLATION AND Office. THE COMMISSIONER OF PUBLIC WORKS If you have any additional questions, comments or concerns please do not hesitate to contact me. RESOLUTIONS REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 108 BY: MR. BONIFACIO COMMISSIONER OF PUBLIC WORKS AND THE NEED FOR CAPITAL FUNDS FOR EMERGENCY DIRECTOR OF STRATEGIC PLANNING DEMOLITIONS IN CITY OF BUFFALO Whereas: Demolitions are vital in removing slum and blight NO. 109 from Buffalo's neighborhoods, and demolitions often result in BY: MR. COPPOLA an immediate investment or reinvestment by neighborhood BACK UP POWER FOR CITY OF BUFFALO WATER home owners in their properties, likewise the lack of demolition DEPARTMENT of slum and blight frustrates investment and reinvestment in Whereas: Due to the black-out that occurred throughout the neighborhoods; and northeast this past August, the reliability of the nations energy Whereas: An aggressive demolition schedule as ordered by grid has been called into question, and; Buffalo Housing Court coupled with the City's limited financial Whereas: The City's water filtration and delivery system is resources, and a recent increase in fire emergency demolitions completely reliant on electric power in order to operate, and; has created an enormous burden on the City of Buffalo and its Whereas: Power failures not only cause inconveniences, but residents; and also can threaten the health and safety of water consumers Whereas: Dilapidated and/or fire-damaged structures pose throughout the City, and; significant risk to the health, safety, and welfare of City Whereas: Health and safety issues can arise whether the residents and Firefighters in addition to frustrating water is used for domestic, commercial, or industrial neighborhood reinvestment; and consumption, and; Whereas: In many cases, City residents have lost or been Whereas: Sufficient steps should be taken in order to unable to renew their insurance coverage for their homes implement a system that will provide for the operation of the because of the presence of dilapidated or burned-out city's water system in the event of another power failure in the structures and properties in their neighborhood; and future; Whereas: In other cases, residents interested in making home Now, Therefore, Be It Resolved That: improvements to their properties have been denied the ability to That the Commissioner of the Department of Public Works, refinance because of this problem; and Parks, and Streets file a report with this Common Council Whereas: Identifying and making available capital funds for outlining the water systems power needs and the procedures emergency demolitions is an essential measure to protect the taken in the event that that power is lost either at the filtration safety of City of Buffalo residents, remove slum and blight from plant or pumping stations throughout the city. our neighborhoods, and ensure the long-term viability of the Be it further resolved that: City of Buffalo; and The Commissioner also includes in his report any Whereas: The City of Buffalo and the Buffalo Fiscal Stability recommendations for providing back-up generation if sufficient Authority must prioritize capital expenditures in terms of those back-up generation is not already in place. projects most essential to the delivery of fundamental services REFERRED TO THE COMMITTEE ON LEGISLATION AND to the residents of the City of Buffalo, especially those services THE COMMISSIONER OF PUBLIC WORKS that protect the health, safety, and welfare of our citizens including the removal of slum and blight from neighborhoods; NO. 110 and BY: MR. COPPOLA Whereas: The City of Buffalo must seize this opportunity of a CONSISTENCY IN CITY OF BUFFALO HOUSING COURT Fiscal Stability Authority and seek assistance in acquiring Whereas: The City of Buffalo Housing Court plays an additional capital funds for emergency demolitions and the essential role in the rebuilding and revitalization of the City; and, removal of slum and blight; and Whereas: Dealing with the issues of slum and blight Whereas: These capital funds will actually help the City of throughout the city in a timely, efficient, and effective manner Buffalo save money in the long-term by addressing these has an immediate impact on the quality of life, safety, health, properties in a comprehensive manner rather than through a and welfare of our neighborhoods and residents; and, sporadic fashion as money becomes available, and will reduce Whereas: In order to deal with the issues that are brought the City's need to borrow and expend in future fiscal years for before the city's housing court effectively, there needs to be the removal of slum and blight due to fewer properties requiring consistency in the court; and, immediate attention, These funds will also allow the City to be Whereas: Judges in the City of Buffalo are elected to ten (10) more efficient in the use of its resources, including manpower year terms in City Court and are often moved from one part to and personnel needs; and another as new judges are elected; and, Whereas: Not only will additional capital funds for slum and Whereas: Often, a recently elected judge is assigned to blight removal allow the City to be more cost-effective and Housing Court, and the turnover of judges presiding over comprehensive in delivering its housing court is frequent; and, services but will also afford the greatest protection of the Whereas: Many cases in Housing Court are pending for more health, safety and welfare of City of Buffalo residents. than one or two years, and often the same properties and/or Now, Therefore, Be It resolved: individuals are before the court; and, That the City of Buffalo and the Buffalo Fiscal Stability Whereas: Whether a defendant is a first time offender who Authority prioritize the use and expenditure of capital funds on has not taken the proper care of his or her property, or is a essential projects and services, including the removal of slum chronic violator with one or multiple properties in the city, the and blight from neighborhoods; and court should have stability and consistency in its handling of Be It Further Resolved: these cases; and, That this resolution be forwarded to the Department of Public Whereas: The impact of these matters on the community Works and the Buffalo Fiscal Stability Authority for review and requires the court to deal with and dispense them in a more assistance in acquiring capital funds for emergency timely and productive manner; and, demolitions and the removal of slum and blight in the City of Whereas: Electing judges specifically to serve in City of Buffalo. Buffalo Housing Court will create more consistency in the REFERRED TO THE COMMITTEE ON BUDGET, THE housing court, or alternatively, a newly elected judge could BUFFALO FISCAL STABILITY AUTHORITY, THE volunteer to serve a minimum of two to three years in Housing Court; Now, Therefore Be It Resolved That: some responsibility for the condition of this The Common Council respectfully requests that the Chief watershed, leaving an impoverished City of City Court Judge file a response with the City Clerk addressing Buffalo to deal with a degraded environment the feasibility of instituting a policy of either appointing a judge and frequent citizen complaints without the to serve solely as a Buffalo City Housing Court Judge, or resources to respond adequately; assigning a newly elected judge to serve as Housing Court Now, Therefore, Be It Resolved That: Judge for a minimum of two to three years before transferring This Common Council requests the County of to another part. Erie, the State of New York, and the Federal ADOPTED. Government to cooperate in funding much needed improvements to the Scajaquada NO. 111 Creek and Hoyt Lake; and BY: MR. COPPOLA Be It Further Resolved That: REQUEST THE COUNTY, STATE AND FEDERAL These improvements could restore an GOVERNMENTS TO PROVIDE FUNDING FOR DREDGING odiferous eyesore into an incredible natural AND IMPROVING SCAJAQUADA CREEK AND HOYT resource, to be enjoyed by the tens of LAKE thousands of local residents and visitors who Whereas: Once a clean and pure stream that flowed come to Delaware Park each year; and quietly from the countryside through the City of Be It Further Resolved That: Buffalo into the Niagara River, today the The City Clerk be directed to forward certified Scajaquada Creek is forced underground near copies of this resolution to County Executive Villa Maria College, mixes with the Buffalo Giambra, to Charles Swanick, Majority Leader Sewer system, and doesn't come back up for of the Erie County Legislature, to Governor air until Forest Lawn Cemetery; and Pataki, to Assembly Speaker Sheldon Silver, to Whereas: At Forest Lawn, the Scajaquada Creek is so the Clerk of the Assembly, to Senate Majority polluted that it is again run underground West Leader Joseph Bruno, to the Secretary of the of Delaware Avenue, and kept separate from Senate and to the members of the Western Hoyt Lake by a pipe that runs next to the Lake New York State Legislative delegation, to and opens again West of the Scajaquada Gerald Mikol, the Regional Director of the Expressway; and NYSDEC, to the members of the Western New Whereas: In 1984, a "Make-Up Water Operational Plan York Congressional delegation, to Lt. Colonel for Hoyt Lake" was developed by Jeff Hall of the US Army Corps of Engineers, Hayden-Wegman Consulting Engineers that and to Ellen Hahn Illardo, Water Quality was designed to maintain: Technician for the Erie County Soil and Water * Full elevation for the Lake; Conservation District. * "A modest sport fishery in the Lake, ADOPT FIRST RESOLVE; REMAINDER TO COMMITTEE based essentially on a Largemouth ON LEGISLATION. Bass -Blue Gill fishery"; ADOPT FIRST RESOLVE THE REMAINDER TO THE * An aesthetically pleasing Lake; and COMMITTEE ON LEGISLATION * Water quality and quantity compatible with the above listed objectives; and NO. 112 Whereas: The Olmsted-designed Hoyt Lake holds By: Mr. Davis enough natural beauty to attract walkers, TRANSFER OF 86 CHURCH STREET joggers, and even the annual International FROM BURA TO THE CITY OF BUFFALO Solar Boat Competition; and WHEREAS, 86 Church Street because of it's Whereas: However, upkeep of Hoyt Lake and the location, size and shape has been deemed as not useful for Scajaquada Creek has not been funded over development. the years, resulting in the following severe NOW, THEREFORE, BE IT RESOLVED, this problems: transfer was approved by the City of Buffalo Urban Renewal  Agency at its meeting of March 28, 2001: Obnoxious odors persist and are 1) That the Chairman or Vice-Chairman is hereby directed to often forward a copy of the Quitclaim Deed to the Common Council severe; of the City of Buffalo for its action, pursuant to Section 507, * the Creek is degraded by sewer subdivision 2(d) of the General Municipal Law. overflows along with suburban and 2) That upon approval of the above mentioned Agreement by urban waste; the Common Council of the City of Buffalo, pursuant to Section * the Creek and Lake have not been 507 subdivision 2(d) of the General Municipal Law, the dredged in a timely fashion, meaning Chairman or Vice-Chairman or Secretary is hereby authorized contaminated Creek sediments can to execute said Agreement on behalf of the City of Buffalo overflow into the Lake; Urban Renewal Agency, and the Secretary is directed to * the trash rack near the Lake where impress the Corporate Seal thereon. the Creek is taken underground is PASSED. an eyesore and an embarrassment; AYES-13. NOES-0. * and the sport fishery in the Lake has never been developed; and NO. 113 Whereas: Clear remedies are available for many of these BY: MR. FISHER problems, some of which are outlined in the CALL FOR A SPECIAL MEETING OF THE COMMUNITY recently released "Draft Scajaquada Creek DEVELOPMENT COMMITTEE TO DISCUSS THE LEASE Watershed Management Plan"; and RENEWAL OF MARINE DRIVE APARTMENTS Whereas: However, no funding has been made available from several levels of government that bear Whereas: There are over 1500 hard-working residents living in Whereas: The budget process for the City of Buffalo begins the Marine Drive Apartments who have not received a lease for the Common Council on May 1 and a balanced budget must renewal contract. be passed by May 21. Quite often we must make dangerous Whereas: A special meeting of the Community Development assumptions as to what kind of state based revenues the City Committee is called to hear the voices of the Marine Drive will be receiving, and Apartment residents, the New York State Division of Housing Whereas: Delays in the State budget process lead to delays in and Community Renewal and the Buffalo Municipal Housing receiving state funding. These delays exacerbate the City of Authority Buffalo's need to sell Revenue Anticipation Notes (RANs). This Be It Finally Resolved: short-term borrowing costs the City of Buffalo millions of dollars That copies of this resolution be forwarded to The New York a State Division of Housing and Community Renewal, Buffalo year in interest payments. Money that is used to cover the cost Municipal Housing Authority and residents of the Marine Drive of interest could be used for better purposes, and Apartments, Now, Therefore, Be It Resolved That: RECEIVED AND FILEDThis Honorable Body will examine moving the beginning of the . fiscal year from July 1 to a day that provides the greatest fiscal benefit to the City of Buffalo. NO. 114 REFERRED TO THE COMMITTEE ON BUDGET, THE BY: MR. FONTANA COMMISSIONER OF ADMINISTRATION AND FINANCE DISCHARGE LEGISLATION COMMITTEE AND THE CORPORATION COUNSEL ITEM #115 C.C.P. JULY 8,2003 “S. KHOURY, OWN., REZ. 192-211 ELK & 260-270 NO. 117 SMITH-CONVENIENT STORE/PIZZERIA-R2 TO C2 (#89, BY: MR. GOLOMBEK 6/24) (HRG. 7/1) EXAMINE BENEFITS OF CREATING A DEPARTMENT OF Whereas: The above item is currently in the Legislation PUBLIC SAFETY Committee; and Whereas: Within the City of Buffalo there are departments that Whereas: It is no longer necessary for this item to be often times duplicate the work of other departments. There considered by that committee; should be a consolidation of the Police, Fire and Inspections Now, Therefore Be it Resolved: Department into a Department of Public Safety; and That this Common Council does hereby discharge the Whereas: A benefit of this consolidation would be an Legislation Committee from further consideration of Item 115, elimination in bureaucratic services from three departments to C.C.P. July 8, 2003, "S. Khoury, Own., Rez. 192-211 Elk & one and a streamlining of inspections and fire prevention (with 260-270 Smith-Convenient Store/Pizzeria-R2 to C2 (#89, 6/24) the Fire Department assisting in systematic inspections of the (Hrg. 7/1)" and said item is now before the Common Council entire City in conjunction with Landlord Licensing); and for its consideration. Whereas: Through a more seamless cooperation between the Seconded by Mrs. Martino. Buffalo Police Department, the Buffalo Fire Department and the PASSED. Office of Permit and Inspections Services, enhance the City of AYES-13. NOES-0. Buffalo's performance in the licensing of alarm systems and the collection of fees for avoidable alarms; and NO. 115 Whereas: Increased revenues realized through the creation of By: Mr. Fontana a Dept. of Public Safety could be utilized to stabilize and APPOINTMENT OF LEGISLATIVE ASST.-LOVEJOY perhaps increase the number of essential safety personnel in DISTRICT the City of Buffalo. With a reduction in administrative positions, Whereas: Gregory A. Heeb, who resides at 184 Norwalk an opportunity is created to put more safety personnel on the Avenue in the City of Buffalo, has expressed interest in serving street. as a Legislative Aide in the Lovejoy District Council Office; and, Whereas: Any and all related departments or offices such as Whereas: Gregory A. Heeb, a graduate of Canisius College, the Bureau of Parking Enforcement or Animal Control should has been serving as an intern in the Delaware District Council also be considered for consolidation. Office since January, 2003; and, Now, Therefore, Be It Resolved That: Whereas: He is well-qualified for the position, and he will be an This Honorable Body will examine the benefits of consolidating asset to the Common Council's Lovejoy District Office; the Buffalo Police Department, the Buffalo Fire Department and Now, Therefore, Be It Resolved: the Office of Permit and Inspections Services as well as any That this Common Council hereby appoints Gregory A. Heeb to other relevant department into a Department of Public Safety. the position of Legislative Aide for the Lovejoy District Council REFERRED TO THE COMMITTEE ON BUDGET, THE Office. COMMISSIONER OF POLICE, THE COMMISSIONER OF ADOPTED. FIRE,THE COMMISSIONER OF PERMITS AND INSPECTIONS, THE COMMISSIONER OF NO. 116 ADMINISTRATION AND FINANCE AND CORPORATION By: Mr. Golombek COUNSEL. (CHANGE FISCAL YEAR START DATE) Whereas: The City of Buffalo maintains a fiscal year that NO. 118 begins each year on July 1 and ends on June 30. At one time BY: MR. GOLOMBEK this was considered to be quite a progressive move, and EXAMINE MUNICIPAL HOUSING ALTERNATIVES Whereas: The rationale for abandoning the calendar year was Whereas: The Buffalo Municipal Housing Authority (BM1-IA) to allow City Government to know what the State Budget (that is an anachronism that belongs to a previous age. is supposed to be passed on April 1) has set aside for Buffalo. Warehousing poverty in cities in "housing projects" Due to politics, gamesmanship and incompetence New York has neither solved nor addressed the issue of poverty and its State Officials -both Democrat and Republican- have proven causes. By placing large numbers of poor people in dense incapable, for nineteen straight years, of providing an on time pockets poverty becomes the norm; and budget; and Whereas: Economic segregation in order to hide our poor from NO. 120 the rest of society must stop. Mass concentrations of poverty By: Mr. Golombek cause City schools to fail. The Federal Government should EXPLORE OTHER PROPERTY TAX METHODS reform the Section Eight housing vouchers program so that Whereas: The City of Buffalo currently has a two tier tax large concentrations of poverty no longer are concentrated in system. A Homestead Rate charging $20.85280649 per thousand dollars of assessed and a non-Homestead and cities; Rate and $37.25594837 per thousand dollars of assessed Whereas: The Buffalo Municipal Housing Authority currently value. This tax system drives businesses out of the City to maintains at least 26 developments within the City of Buffalo. suburban and rural locations and adds to our financial dilemma The tax-exempt status of these properties places an unfair every year. New York State sets the equalization rates to burden on the taxpayers of the City of Buffalo. The balance Non-Homestead and Homestead revenues; and actual value of the BMHA properties is open to speculation. Whereas: There are a host of suggestions that could help the Some estimate their value as high as $50 million. If that is the City of Buffalo's long term financial viability. One would be a case and if those properties were put on the tax rolls the City ten-year plan that bridges the gap between the disparate tax would collect an additional $1 million dollars a year; and rates. If more businesses find it economically viable to build or Whereas: Experiments in Atlanta and Milwaukee have led locate in the City of Buffalo the increase in non-homestead those cities to modifications of their public housing systems revenues would cover the cost of lowering the overall that have successfully met the needs of the residents with non-homestead rate. With an increased demand for work sites respect to the ability of the municipality. The largest stumbling in Buffalo hazardous brownfields would have a better chance of block to reforming Buffalo's municipal housing program is being redeveloped; and political. For many years it has been used as a patronage pit for Whereas: Another thoughtful suggestion is that New York the politically well connected; and State considers allowing Buffalo to use a variation of land tax Whereas: A regional approach to subsidized housing is valuation. This would benefit business and property supported and advocated by David Rusk, one of the foremost owners who take care of their property. Instead of increasing champions of regional strategies. The key to regionalism is the assessments of responsible property owners for matching resources to problems. The City of Buffalo is improvements, owners who let their properties run down would grappling with the lion's share of social be penalized; and problems while facing dwindling tax resources. A Whereas: Options being reviewed should include successful decentralization of tax-exempt municipal housing developments models of property taxation that have been adopted in relevant from the city municipalities throughout the country. with a focus on redistribution throughout Erie County would Now, Therefore, Be It Resolved That: allow the City of Buffalo to return those properties to the tax This Honorable Body will examine other models of property tax rolls through various redevelopment projects. assessment with the goal of promoting a system that is fair to Now, Therefore, Be It Resolved That: responsible property owners and encourages economic This Honorable Body will examine alternatives to our current development. municipal housing system. REFERRED TO THE COMMITTEE ON BUDGET, THE REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF ASSESSMENT AND TAXATION AND BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE CORPORATION COUNSEL. THE CORPORATION COUNSEL NO. 121 BY: MR. GOLOMBEK NO. 119 OPPOSE FREE TRADE AREA OF THE AMERICAS (FTAA) BY: MR. GOLOMBEK Whereas: In recent years, representatives from 34 countries EXPLORE OPPORTUNITIES TO EXPAND THE SERVICE have been working to expand the North American Free Trade AREA OF CITY OF BUFFALO WATER AND SEWER Agreement (NAFTA) to Central America, South America and SERVICES the Caribbean. The Free Trade Area of the Americas (FTAA) is Whereas: The Erie County Water Authority's recent take over another example of the free-market fundamentalism that has of water service for Tonawanda N.Y. clearly demonstrates that created a global race- to-the- the area's smaller municipalities are looking for economically bottom that threatens the environment, families' livelihoods, feasible alternatives to providing water and sewer services in human rights, and democracy. Once again, a sweeping "free their communities; and trade" agreement is in the works that puts commercial interests Whereas: A study should be done to determine whether the above all other values; and, City of Buffalo has the capacity and the ability to provide water Whereas: NAFTA has proven to be a nightmare for working and sewer services outside city boundaries in a manner that is families and the environment. A look at NAFTA's legacy shows cost effective to existing and potential customers; and why these kinds of "free trade" agreements should be opposed. Whereas: Customers (taxpayers and residents) throughout the Working families suffer: In the US, more than 765,000 jobs local area would likely see a positive impact on prices and have services as competition between providers energizes the disappeared as a result of NAFTA; and, market. Whereas: Even when displaced workers are able to find new, Now, Therefore, Be It Resolved That: they face a reduction in wages, with earnings declining by an This Honorable Body requests reports regarding the cost average of over 16% (Farber 1996). These displaced workers' effectiveness, feasibility and legality of expanding services new jobs are likely to be in the service industry. Forrester outside of Buffalo from each of the following: The Buffalo Research, a Sewer Authority, the Department of Public Works (water) and tech consulting company, estimates 3.3 million service jobs the City of Buffalo Law Department. could go abroad in the next 12 years; and, REFERRED TO THE COMMITTEE ON BUDGET, THE Whereas: Free trade is not working for the majority of the BUFFALO SEWER AUTHORITY, THE COMMISSIONER OF world. During the most recent period of rapid growth in global PUBLIC WORKS AND THE CORPORATION COUNSEL trade and investment- 1960 to 1998-inequality worsened internationally and within countries; and, Now, Therefore, Be It Resolved: AYES-13. NOES-0. This Common Council, recognizing that the City of Buffalo and Western New York have already lost more than their fair share NO. 124 of higher paying manufacturing jobs to foreign relocation, does PAVING OF UNIVERSITY STREETS hereby go on record in opposition of the proposed Free Trade By: Mrs. Grant Area of the Americas; and, W'hereas: Th e University District h as many pot-hole filled Be It Finally Resolved: streets that have not been repaired in decades; and That certified copies of this resolution be sent to the entire Whereas: One of the streets, Lasalle Avenue has suffered delegation of federal elected officials representing the Western irreparable damage due to the large freight trucks traveling New York area. down it during the construction of the Main/Lasalle Homes, ADOPTED. causing huge cracks from Bailey Avenue to Main Street; and W'hereas: The residents of Lasalle Avenue and other streets NO. 122 in the University District are rightly angry and frustrated and By: Mr. Golombek want immediate relief. REQUEST COMPREHENSIVE REPORT DETAILING NOW, THEREFORE BE IT RESOLVED THAT: HISTORY OF CDBG EXPENDITURES The Commissioner of Public Works, Joseph Gambia and the Whereas: Since 1974 nearly a billion dollars of Community Mayor's Administration put a high priority on paving LaSalle Development Block Grant Funds (CDBG) have come to the Avenue as soon as possible. City of Buffalo; and BE IT FURTHER RESOLVED THAT. Whereas: The funds sent to the City of Buffalo under the A copy of all paving that has occurred on City of Buffalo streets CDBG program are utilized throughout the city with distribution for the 2003 season up to this date be filed with the Common based on the income levels within census tracts; and Council. Whereas: Many of the areas that receive the larger shares of REFERRED TO THE COMMITTEE ON FINANCE AND THE the Block Grant have continued to falter. The majority of the COMMISSIONER OF PUBLIC WORKS Block Grant funds are under the control of the administration of the City of Buffalo, a small percentage is set aside for NO. 125 distribution by members of the Common Council. There is BY: MRS. MARTINO debate as to who controls the CDBG process; and DISCHARGE CLAIMS COMMITTEE Whereas: In order for our great city to move forward it is REFUND - RAINBOW SPIRIT RISING EVENT important that revenues of any type be used in a manner that is CCP#163-7/8/03 long lasting in nature and beneficial to the overall health of the Whereas: The above item is currently in the Claims Committee; city. and Now, Therefore, Be It Resolved That: Whereas: It is no longer necessary for this item to be This Honorable Body requests that the Office of Strategic considered by that committee; Planning deliver to the Common Council a comprehensive Now, Therefore, Be It Resolved: report detailing the expenditures of the Community That this Common Council does hereby discharge the Claims Development Block Grant funds during its entire 29 year Committee from further consideration of this item, and said history. The report should be filed with the City Clerk's office by item is now before the Council. 2:00 pm Thursday, October 23rd, 2003 Seconded by Mr. Fontana ADOPT FINAL RESOLVE, THE REMAINDER TO THE PASSED COMMITTEE ON COMMUNITY DEVELOPMENT AYES-13. NOES-0. NO. 126 NO. 123 BY: COUNCIL MEMBER MARTINO BY: MRS. GRANT BROWNFIELD LEGISLATION INCREASED APPROPRIATION Whereas: In June, the NYS Assembly passed Brownfield RESERVE FOR CAPITAL OUTLAY Legislation which is expected to be before the Senate in VARIOUS DEPARTMENTS September. This legislation will prove to be detrimental to the That, Pursuant to §20-11 of the Charter and the Certificate of economic development of the City of Buffalo and surrounding the Mayor and the Comptroller submitted to the Common region; and Council, the appropriation in the budget for the current fiscal Whereas: This legislation contains clean up levels that as year for Appropriation Allotments Capital Outlay - Various stated by State assembly leaders, are the most stringent in the departments, be and the same hereby are increased in the sum United States," imposes additional fees, increases time and of $1,376,964. costs on existing projects and encourages municipalities to That, the comptroller be and hereby is authorized and directed "mothball" projects in order to limit their exposure to liability; to increase the appropriation estimates of accounts: and From: Whereas: In order for the City of Buffalo to be competitive in 10700096 - 397200 - Reserve for Capital Budget $1,376,964 their efforts to redevelop the region and waterfront, there must To meet the increased appropriation as set forth below: be "shovel- ready" properties available to attract interested To: developers. The passage of this legislation would undermine 12003007 474200 Police (25 Vehicles) Vehicles $750,000 smart growth efforts by encouraging site selectors and 13112007 473010 Public Works Street Construction/ developers to develop readily available "greenspace" in Infrastructure 600,000 suburban areas such as Amherst, Hamburg, Orchard 11150007 474100 Admin & Finance Equipment Park, thus contributing to urban sprawl; and 1,600 Whereas: A portion of the Union Ship Canal, located in the 10311001 474100 Strategic Planning Equipment South District, has recently been remediated and will return to 12,864 the City of Buffalo tax roll. This proposed legislation jeopardizes 16551007 474100 Permits & Inspections Equipment 12,500 the future of this project as well as parcels located in the Outer $1,376,964 Harbor, Republic and Bethlehem Steel sites; PASSED Now, Therefore, Be It Resolved: That this honorable body oppose the passage of the proposed NO. 128 brownfield legislation that is currently before the NYS Senate BY: MR. PITTS for approval and support the efforts of Assemblyman Brian ORDINANCE AMENDMENT Higgins, "to develop an effective brownfields bill that takes into CHAPTER 175 - FEES consideration the unique characteristics of the Buffalo/Niagara (MARRIAGE SEARCH FEES) regional economy, without it our area's economy cannot recover The Common Council of the City of Buffalo does hereby ordain and will continue to decline rapidly"; and as follows: Be It Further Resolved: That Chapter 175 of the Code of the City of Buffalo be That a copy of this resolution be sent to Governor George amended to read as follows: Pataki, Honorable Sheldon Silver, NYS Assembly Speaker, Chapter 361, Records Honorable Thomas DiNapoli, Environmental Conservation § 361-8, Searching or providing of certain papers or records Committee Chair, Honorable Joseph L. Bruno, Senate Majority For a search of the marriage records and furnishing a $10.00 Leader, and the WNY Delegation to express the opposition of certificate of marriage registration the passage of this legislation by the NYS Senate. For a search of the marriage records filed in the Clerk's office ADOPTED. $1.00 For a search of the marriage records and furnishing a NO. 127 noncertified By: Mrs. Martino copy of marriage certificate [for genealogical purposes] TIMES BEACH [$11.00] Whereas: The U.S. Army Corps of Engineers (USACOE) 1-3 year search $22.00 Confined Disposal Facility in the City of Buffalo has contributed 4-6 year search $32.00 to the degradation of the environment at the Times Beach Area, 7-10 year search $42.00 and 11 -20 year search $62.00 Whereas: Section 1135 of the Water Resources Development 21-30 year search $82.00 Act of 1986 as amended, authorizes the USACOE to study, For the issuance of a license of marriage and for the furnishing and where feasible, to construct ecosystem restoration projects of a certificate of marriage registration upon receipt of the in conjunction with a non-federal partner, and return of the marriage license properly endorsed and completed Whereas: The Times Beach Public Access Trail Project seeks by the person who shall have solemnized the marriage in to create a first class wildlife viewing area which can be a accordance with the laws of the State of New York tourism draw and also a premier attraction to the residents of [$25.00] $40.00 the City. County and the nation, and For use of a marriage room in the City Clerk's office $25.00 Whereas: The City of Buffalo is the current record owner of during the performance of a marriage ceremony the Times Beach Area, and For preparing and furnishing a copy of a resolution or $ 1.00 Whereas: Erie County desires to assist in providing facilities other paper filed in the Clerk's office for public access to Times Beach; and For comparison of a copy prepared by the applicant of a $1.25 Whereas: Erie County has committed $125,000 for the design resolution or other paper filed in the Clerk's office of the Times Beach Public Access Trail Project, and For furnishing the form and filing and docketing an application Whereas: It is anticipated that the State of New will contribute for appointment to the office of the Commissioner of Deeds at least $100,000 to support the effort; and $20.00 Whereas: The City of Buffalo has made available $100,000 in For furnishing photographic copies of papers on file in the planning funds to assist in the Project, and Clerk's Whereas: The New York State Office of Parks, Recreation office, not including the fee for certification per page $0.25 and Historic Preservation through funding made available by For furnishing a copy of the Common Council $25.00 the 2003 New York State Environmental Protection Fund and Proceedings of the City of Buffalo for each meeting the 2004 Federal Land and Conservation Fund is soliciting For a yearly subscription to the Common Council Proceedings applications for park development projects which protect of the City of Buffalo natural resources and enhance environmental infrastructure, $375.00 and For furnishing a single copy of the City Record $1.25 Whereas: The objectives of the Times Beach Public Access For a yearly subscription of the City Record mailed on a weekly Project will meet the criteria for funding through the New York basis State Office of Parks, Recreation and Historic preservation, $175.00 Parks Grant Programs and an application for funding has been For furnishing printed pamphlets of separate chapters prepared, and of the Code of the City of Buffalo Such amount for each Whereas: Both the City and County are municipal corporations as is determined by whose corporate purposes include the undertaking of planning the City Clerk to and capital improvements for public use and in the public defray the cost thereof interest, and For the correction of replacement death certificates $2.00 per Whereas: The City through an intermunicipal agreement copy needs to provide authorization to Erie County to construct, issued to funeral directors maintain and operate the public access facilities at Times For furnishing copies of blueprints, per square foot $1.92 Beach. It is hereby certified, pursuant to Section 3-19 of the Now, Therefore, Be It Resolved- Charter, that the immediate passage of the foregoing ordinance That the Mayor is authorized to enter into any necessary is necessary. agreements with the County of Erie to provide authorization to APPROVED AS TO FORM construct, maintain and operate public access facilities at Michael B. Risman Times Beach. Corporation Counsel PASSED. PASSED. AYES-13. NOES-0. AYES-13. NOES-0. NOTE: Matter in brackets to be deleted; matter underlined is Education, in bringing the case and attracting public CFE new. attention to the denial of students of their constitutional rights; and NO. 129 BE IT FURTHER RESOLVED THAT: BY: THOMPSON, GRANT, FISHER, DAVIS, PITTS, GRAY This honorable body strongly encourages the Governor and the CITY OF BUFFALO SCHOOL AID FUNDING FORMULA IN Legislature to apply the legal standard developed 'in the RESPONSE TO THE NEW YORK STATE COURT OF decision on a statewide basis with emphasis on high needs APPEALS CEF DECISION districts like the Buffalo City School District; and WHEREAS: On June 26, 2003, the Court of Appeals BE IT FURTHER RESOLVED THAT: of the State of New York, New York's highest court, rendered a The Common Council of the City of Buffalo does hereby urge landmark decision *in "Campaign for Fiscal Equity v. State" the Governor and the Legislature to immediately begin work to ("CEE') holding that all public school students statewide are revise the current state school aid formula to implement the entitled to a "meaningful” high school education under the state principles embodied in the decision, including: CFE constitution, an education up to the 12'h grade; and Development of a rational school aid formula that apportions aid WHEREAS: The decision is a result of years of work by CFE based on student needs, and on the cost of providing a the Campaign for Fiscal Equity and its supporters statewide, meaningful high school education in every school district in the and represents a historic and unique opportunity to improve state; student achievement 'in urban, rural, and suburban school Establishment of accountability measures to ensure districts in New York State with similar problems of educational appropriate use of the additional funding; and inadequacy; and BE IT FURTHER RESOLVED THAT: WHEREAS: The decision requires that the This honorable body implores the Governor and the New York CFE State Legislature in their cost determination to give due Governor and the Legislature enact legislation to cost-out" a consideration to the results of the Campaign for Fiscal Equity meaningful high school education in New York City, where the costing-out study; and litigation arose, by July 30, 2004; and BE IT FINALLY RESLOVED THAT: WHEREAS: As large numbers of children are currently This honorable body hereby does request the Governor to being denied a meaningful high school education in urban, immediately begin the development of appropriate legislation suburban, and rural districts throughout New York State, through a process broadly open to public participation that including the Buffalo City School District ("BCSD'), application involves all stakeholders in the process, including parents, of the decision on a statewide basis would result in significant schoolchildren, teachers, administrators, and school boards. additional funding for such districts, including for BCSD; and ADOPTED WHEREAS: The Court found that the state's school aid formula did not fairly and rationally apportion school aid NO. 130 among school districts based on the educational needs of each BY: ANTOINE THOMPSON district; and REQUEST NEW YORK STATE DEPARTMENT OF WHEREAS: Despite the fact that the judicial order 'in TRANSPORTATION TO CONDUCT ANALYSIS OF THE CEE narrowly applies to New York City, it Is logical and just to EAST DELAVAN AVENUE OVERPASS apply the principles of this case to each school district in the Whereas recognizing the importance and need of safe state, given that: roads and roadways, the New York state department of Many of the school districts throughout the state, including transportation (dot) established a comprehensive set of safety BCSD, exhibit some of the same problems of class standards designed to govern all traffic activity on state roads, overcrowding, insufficient numbers of qualified teachers, highways, and state right-of-ways; and inadequate facilities, high drop-out rates, and low test scores Whereas: the east Delavan overpass, a state built overpass as New York City, and therefore many students 'in such located on the corner of East Delavan Avenue and Humboldt districts are also being denied their constitutional right to a Parkway, is governed by these standards; and meaningful high school education; Whereas: because the East Delavan overpass is severly The case, as a mandate of the Court of Appeals, CEF eroded in some areas, it currently poses a potential safety established a statewide constitutional standard that the State of hazards to those utilizing and/or passing under the overpass; New York is obligated to follow in all school districts within the and state; Whereas: a safety analysis is an effective tool of Funding levels for New York City, the state's largest school addressing the potential hazards posed by the East Delavan district, necessarily affect the amount of funding available for all avenue overpass in its current state; and other districts in the state; and Now be it therefore resolved that: The Court of Appeals invited the State Legislature and the The common council of the city of buffalo Strongly implores the Governor to consider applying its remedy statewide; and State Department of Transportation to conduct a safety WHEREAS: The Campaign for Fiscal Equity has analysis of the East Delavan avenue overpass to ensure That already commissioned a statewide costing-out study that is the all state safety standards are Accordingly satisfied; and most comprehensive analysis of the costs of educating its Be it finally resolved that: children performed by any state, utilizes several of the leading Certified copies of this resolution be sent to The city of Buffalo experts on educational finance in the nation, and has 'involved Public works Department, The New York State Governor's all stakeholders in the development of such study; and office, the Majority Leader of the New York State Senate, The WHEREAS: Providing an adequate education is the Speaker of the New York State Assembly, The New York State highest priority of the State of New York, and its political Department of Transportation, and the Western New York subdivisions, and therefore implementation of the core Delegation principles of the decision deserves priority consideration by the ADOPTED New York Governor and the New York State Legislature; THEREFORE, BE IT RESOLVED THAT THE BUFFALO NO. 131 COMMON COUNCIL OF THE CITY OF BUFFALO: BY MR. THOMPSON Highly commends the Campaign for Fiscal Equity and its FELICITATIONS/IN MEMORIAM supporters statewide including the Alliance for Quality Attached hereto are Felicitation and In Memoriam Resolutions The following meetings are scheduled. All meetings are held in sponsored by Members of the Common Council as indicated: the Common Council Chambers, 13th floor City Hall, Buffalo, Felicitation for Sharon Trembath New York, unless otherwise noted. By Councilmember Pitts, Michaux Regular Committees Felicitation for National Night Out Committee on Civil Service Tuesday, September 9, 2003 at By Councilmember Masiello, Pitts, Diina, Michaux 9:30 o'clock A.M. Felicitation for Alternative Transportation Committee on Finance Tuesday, September By Councilmember All Councilmembers 9, 2003 at 10:00 o'clock A.M. following Civil Service ADOPTED. Committee on LegislationTuesday, September 9, 2003 at 2:00 o'clock P.M. NO. 132 Committee on Comm. Dev. Wednesday, September 10, 2003 BY: ANTOINE M. THOMPSON at 10:00 o'clock A.M. APPOINTMENTS Committee on Education Wednesday, COMMISSIONERS OF DEEDS September 10, 2003 at 2:00 o'clock P.M. That the following persons are hereby appointed as Special Committees Commissioner of Deeds for The term ending December 31, Bi-National Bridge Thursday, 2004, conditional upon the persons so appointed certifying September 4, 2003 at 2:00 o'clock P.M. in Room under oath to their qualifications and filing same with the City 1417 City Hall. Brown, Carlene Delmanet, Kelly Special Comm. Dev. Committee Pub. Hrg. Wednesday, Sept. Eherl,Joyce Herbert, Deborah 10, 2003 at 6:00 o'clock P.M. in the Council Chambers Sipos, Eli Budget Thursday, September 11, 2003 at 10:00 TOTAL 5 o'clock ADOPTED A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and NO. 133 cancellation by the respective Chairmen of Council BY: ANTOINE M. THOMPSON Committees. In the event that there is sufficient time given for APPOINTMENTS notification, it will .be provided. In addition, there may be COMMISSIONERS OF DEEDS meetings set up whereby the City Clerk's Office is not made REQUIRED FOR THE PROPER aware, therefore, unless we receive notice from the respective PERFORMANCE OF PUBLIC DUTIES Chairmen, we -can only make notification of what we are made That the following persons are hereby appointed as aware. Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying NO. 137 under oath to their qualifications and filing same with the City ADJOURNMENT Waligora, Karrie Holmes, Genobia On a motion by Mrs. LoTernpio, Seconded by Mr. Johns, Cara Partyka, Jeanine Thompson, the Council adjourned at 3:38 Fort, Judy Jarosz, Maralouise CHARLES L. MICHAUX, III Maconaghy, Myra Woods, Flora CITY CLERK Total 8 ADOPTED UNFINISHED BUSINESS NO. 134 NEWSSTAND -ROW -JEFF. AVE./E. UTICA (PW) (#I 09,10/17)(#L 75,9/19)(#157,7/11)(#31,6/27) (NO. 132, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Fontana CARRIED Mrs. LoTempio now moved that the above item be received and filed. ADOPTED NO. 135 LOC. LAW INTRO# 11 (2003) AMEND CHARTER-QUALIFICATIONS OF CHIEFS OF POLICE (#171-7/22/03) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES - 13 NOES - 0 NO. 136 ANNOUNCEMENT OF COMMITTEE MEETINGS