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Home My WebLink About03-0722 No.15 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO July 22, 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 No. 3 Change Order No. I COMMON COUNCIL Augspurger Ramp Addition CITY HALL - BUFFALO Demolition Contract No 92010764 TUESDAY, JULY 22, 2003 Ontario Specialty Contracting, Inc. AT 2:00 P.M. 333 Ganson Street Buffalo, NY 14203 PRESENT - James W. Pitts President of the Council, Original Contract Amount $ 433,802.00 and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, Gray, Removal of additional paint, thinners etc and debris LoTempio, Martino, and Thompson - 13. 6,248.66 Removal of unforeseen underground storage tank ABSENT - None. 6,443.05 Removal of unforeseen timber plies interfering with On a motion by Mrs. LoTempio, seconded by new steel piles Mr.Fontana, the minutes of the stated meeting held on 33,854.79 July 8, 2003 were approved. Total Change Order No. I - add $ 46,546.50 New Contract Amt. $ 480,348.50 Substructure Contract No. 92010765 FROM THE MAYOR Louis P. Ciminelli Const. Co. Inc. The Cyclorama Building No. 1 369 Franklin St. Appointment of Executive Director Buffalo, NY 14202 Office of Strategic Planning Original Contract Amount $ 627,500 Pursuant to the powers vested in me, I hereby appoint Mr. Selective Demolition of unforeseen obstructions and Timothy E. Wanamaker, residing at 230 Perry Street, 6B, Foundations from pre-existing demolition $ Buffalo, NY 14204, to the position of Executive Director of the 94,354 Office of Strategic Planning, effective June 23, 2003, at a Total Change Order No. I $ salary of $69,801. 94,35 Mr. Wanamaker has served as the Deputy Chief of the New Contract Amt. $ 721,854 Redevelopment Authority of Prince George's County since Architectural & Engineering Services Contract No. 92101634 July, 200 1. Before that he served in various positions in Prince Urbitran Associates George's County Economic Development Corporation including 71 West 23rd Street Vice President and Manager of the Neighborhood Economic New York, NY 10010 Development. Mr. Wanamaker has also served as an Urban Original Contract Amount $ 450,700 Economic Analyst in the Richmond Economic Development design of additional shoring for traffic signal pole Corporation and as a Neighborhood Economic Development 4,400 Specialist in the Richmond Department of Economic design for energy saving panels Development. 6,050 Mr. Wanamaker holds a Master in Urban & Regional Planning, re-design of security telecommunication system Concentration: Economic Development degree and a 2,700 Bachelors of Science, Urban Studies degree from the Virginia design for traffic signal loops Commonwealth University. He also holds an Associates of 3,300 Arts, Architecture degree from John Tyler Community College. design for 2 nd floor slab I believe that Mr. Timothy Wanamaker is fully qualified to serve 27,000 as Executive Director in the Office of Strategic Planning. I am additional services for storm/sanitary sewer redesign proud to have Mr. Wanamaker serve my Administration. 1,100 RECEIVED AND FILED re-design for new phone and data antenna No. 2 880 Reappointment of Member to the design for replacement of existing fire hydrant Buffalo Preservation Board 550 Pursuant to the powers vested in me by Article 11, Section Total Amount of Change Order No. 1 337-3, Part 11 of the Code of the City of Buffalo, I hereby 45,980 re-appoint Carla Singleton, residing at 226 Blaine Avenue, New Contract Amount $ 496,680 Buffalo, New York 14208 for a new term commencing These changes could not be foreseen at the time the contracts September 9, 2003 to August 31, 2006 to the City-At-Large were let. All costs have been reviewed by the architect and position on the Board. construction manager and found to be fair and equitable. I hereby certify that the above named individual is fully qualified Funds are available in bond account 51019036 445 100. to serve as a member of the Buffalo Preservation Board. The Parking Board requests that you authorize Change Order REFERRED TO THE COMMITTEE ON LEGISLATION, THE No. I to the various contracts as set forth above. CORPORATION COUNCIL AND THE COMPTROLLER Mrs. LoTempio Moved: That the above communication from the Board of Parking dated FROM THE MAYOR - EXECUTIVE DEPARTMENT July 17, 2003, be received and filed; and That the Chairman of the Board of Parking be, and he hereby is FROM THE BOARD OF PARKING authorized to issue change orders, to Ontario Specialty Contracting Inc. for Demolition Contract No. 92010764, an decking with sealed concrete. Under SEQR the proposed increase in the amount of $46,546.50; to Louis P. Ciminelli action is considered an unlisted action and should be studied Const. Co., Inc. for Substructure Contract No. 92010765, an through a coordinated review due to its location within a increase in the amount of $94,354; to Urbitran Associates for preservation district. The Buffalo Preservation Board has Architectural & Engineering Services Contract No. 92101634, already approved this item. an increase in the amount of $45,980, as more fully described The Planning Board voted to approve the proposed outdoor in the above communication, for the project Augspurger Ramp patio expansion with the following conditions: Addition. Funds for this project are available in bond account 1. All conditions imposed by the Preservation Board. 51019036 445100. 2. No outside music. Passed 3. Closing at 11 pm. AYES - 13 - NOES - 0 4. All trash generated by the use of the patio is the responsibility of the operator of the patio. No. 4 RECCEIVED AND FILED C. Fisher - S. Ali - Concerns - Variances - 445 Norwood NO. 7 Item No. 69 CCP- 07/08/03 Jumping Cow Enterprises Mr. Sayed Ali followed the proper and rightful recourse in this 795 Elmwood Ave. matter by filing Article 78 proceedings with the Erie County Awning sign encroachment Supreme Court. Item No. 79, C.C.P. 7/8/03 On 7/1/03 Honorable Barbara Howe dismissed his petition and The City Planning Board at its regular meeting held Tuesday, upheld the Zoning Board variance (see attached decision). July 15, 2003 considered the matter captioned above pursuant RECEIVED AND FILED to Section 413-56 and 511-56 of the Buffalo Code, Awnings, Canopies & Marques and the Elmwood Business District, FROM THE OFFICE OF CITIZEN SERVICES respectively. The applicant seeks to place a 151611x318.511x21projecting NO. 5 awning sign which will encroach the city right-of-way located at Monthly report from the Division 795 Elmwood Avenue. Under SEQR the proposed action is of Citizen Services - (Mayor's Help considered an unlisted action which may be studied through Line - June 2003) uncoordinated review. Attached is a monthly report for June 2003, that shows The Planning Board voted to approve the proposed awning overall service calls remaining about the same as May, 2003; sign. 2,643 to 2,659. The major comparative difference being an RECEIVED AND FILED increase of 110 Inspection requests and an increase of about 150 requests to cut vacant lots. NO. 8 On the decrease side of the report, refrigerator pickup calls G & D Hopkins decreased by 105 requests and garbage pick up request by 65. 368 Northampton Ave. Also, attached is the June 2002 monthly activity report, that Rezone "R2" to "C2" shows overall request calls for June 2003 were down by 22%, Item No. 80, C.C.P. 7/8/03 3,370 to 2,643 and that the inspection requests for June 2003 The City Planning Board at its regular meeting held (666) were also down by 22%, when compared to June 2002 Tuesday, July 15, 2003 considered the matter captioned above (774). pursuant to Section 511-126 of the Buffalo Code, Zoning In analyzing the vacant lot requests between June 2003 and Amendments. June 2002, they remained about the same - between 140 and The applicant seeks to rezone a 281x1171 parcel of land 160 requests. There are approximately 4,000 city owned vacant located at 368 Northampton Avenue from "R211 to "C21" to lots and nearly 10,000 privately owned lots and there is match the zoning abutting the parcel, which the applicant owns, confusion by the public, when they call in a vacant lot that on the Jefferson Avenue commercial strip. The applicant seeks needs cleaning and cutting, regarding the ownership of the lot. to create a larger development site for prospective businesses t Also, there is new leadership in the Division of Streets, as of be located on Jefferson Avenue. The Planning Board July 1, 2003, however, the vacant lot maintenance plan discussed an overall development plan that will encompass a developed this Spring, still remains in place. larger area of Jefferson Avenue with the idea that an expired As always, I hope that you find this information to be useful, as Urban Renewal plan will be rewritten to encourage appropriate it reflects a significant general decrease in service calls when development within the business and residential corridor. compared to June 2002. Under SEC the proposed action is considered an unlisted RECEIVED AND FILED action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed awning FROM THE CITY PLANNING BOARD sign. RECEIVED AND FILED NO. 6 D. Pasquale NO. 9 153 Elmwood Ave. City honors School Outdoor patio expansion 186 E. North St. Item No. 78, C.C.P. 7/8/03 Non-Illuminated Ground Sign The City Planning Board at its regular meeting held Item No. 81, C.C.P. 7/8/03 Tuesday, July 15, 200-4 considered the matter captioned The City Planning Board at its regular meeting held above pursuant to Section 511-56 of the Buffalo Code, Tuesday, July 15, 2003 considered the matter captioned above Elmwood Business District. pursuant to Section 387-19 of the Buffalo Code, Application for The applicant seeks to place an additional 34’x34’ of patio Billboard, Ground Sign or Pole Sign Permits. space to an existing outdoor patio on private property at 153 Elmwood Ave. The applicant is removing and replacing wood The applicant seeks to erect a 81x5l non-illuminated ground That the above communication from the Office of Strategic "ID" at City Honors School, located at 186 E. North Street. Planning, Division of Real Estate, dated July 22, 2003, be Under SEQR the proposed action considered an unlisted received and filed; and action which may be studied through uncoordinated review. That the offer from Mr. Michael and Mary Jean Michalski, The Planning Board voted to approve the proposed ground residing at 212 Barnard Street, in the sum of Two Thousand sign. and One Hundred Dollars ($2, 100.00) for the purchase of 208 RECEIVED AND FILED Barnard Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid FROM THE OFFICE OF STRATEGIC PLANNING by the purchaser; and That the transfer tax, recording fees and cost of legal NO. 10 description shall be paid by the purchaser; and Amend Lease Agreement Between City of Buffalo That the Corporation Counsel be authorized to prepare the And Grassroot Gardens of Buffalo necessary documents for the transfer of title and that the Mayor Item No. 20, C.C,P. 7/9/02 be authorized to execute the same, in accordance with the The Office of Strategic Planning, Division of Real Estate, terms of sale upon which the offer was submitted. has received a letter from the Grassroot Gardens of Buffalo to Passed amend their lease agreement to include the property located at AYES - 13 - NOES - 0 149 Orlando. Daeman College will sponsor this garden. All other terms of the lease for the period of November 1, 2000 NO. 12 and expiring on October 31, 2005 shall remain the same. This Results of Negotiations office is requesting that Your Honorable Body approve the 426 Elk, E Corner of Maurice above-mentioned amendment, that the Corporation Counsel's Vacant Lot: 25' x 110' Office prepare the necessary documents and authorize the Assessed Valuation: $1,400 Mayor to execute the same. 103 Maurice, 110'N Elk Mrs. LoTempio Moved: Vacant Lot: 60'x 107' That the above communication from the Office of Strategic Assessed Valuation: $5,100 Planning dated July 17, 2003, be received and filed; and The Office of Strategic Planning, Division of Real Estate, has That the Director of Real Estate be, and he hereby is received a request to purchase 426 Elk and 103 Maurice Street authorized to amend the lease between the City and Grassroot from Mr. Edward Standish, Southside Social and Athletic Club, Gardens of Buffalo to include the property located at 149 444 Elk Street, Buffalo, New York 14210. Southside Social and Orlando. That the Corporation Counsel be authorized to Athletic Club is located at 444 Elk Street. They presently own prepare the necessary documents to amend this lease and that adjoining vacant lots at 438, 436, 432, 430 and 428 Elk Street, the Mayor be authorized to execute the same. and would like to purchase 426 Elk and 103 Maurice, which Passed adjoin the aforementioned vacant lots. They intend to maintain AYES - 13 - NOES - 0 the properties and use for functions affiliated with their club. The Division of Permit and Inspection Services and the No. 11 Division of Collections have no objections to the sale. There are Results of Negotiations no building code violations, taxes or other liens owed to the City 208 Barnard, 365' S Clinton of Buffalo by the purchasers. Vacant Lot: 30' x 100' The Division of Real Estate has investigated the sale of similar Assessed Valuation: 4,000 vacant lots in the subject area. Sale prices range from The Office of Strategic Planning, Division of Real Estate has thirty-five cents (.35) to one dollar and fifty cents ($1.50) per received a request to purchase 208 Barnard Street from Mr. square foot. Michael and Mary Jean Michalski, 212 Barnard Street, Buffalo, The results of our negotiations are that Southside Social and New York 14206. Mr. and Mrs. Michalski own and reside in a Athletic Club has agreed and is prepared to pay three thousand two family house at 212 Barnard Street, They intend to use 208 five hundred dollars ($3,500), forty cents (.40) per square foot Barnard Street for extra yard space, which is adjoining to the for these parcels. They have also agreed to pay for the cost of property they own. the transfer tax, recording fees and cost of the legal The Division of Permit and Inspection Services and the descriptions. Division of Collections have no objections to the sale. There are I am recommending that Your Honorable Body approve the sale no building code violations, taxes or other liens owed to the City of 426 Elk and 103 Maurice Street to Southside Social and of Buffalo by the purchasers. Athletic Club in the amount of three thousand five hundred The Division of Real Estate has investigated the sale of similar dollars ($3,500). 1 am further recommending that the vacant lots in the subject area. Sales prices range from forty Corporation Counsel prepare the necessary documents for the cents (.40) to one dollar and twenty-four cents ($1.24) per transfer of title and that the Mayor be authorized to execute the square foot. same. The results of our negotiations are that Mr. and Mrs. Michalski REFERRED TO THE COMMITTEE ON FINANCE have agreed and are prepared to pay two thousand one hundred dollars ($2,100), seventy cents (.70) per square foot, NO. 13 for the subject property. They have also agreed to pay for the Results of Negotiations cost of the transfer tax, recording fees and cost of the legal 15 Herkimer, 122.50' N Albany description. Vacant Lot: 25' x 121' I am recommending that Your Honorable Body approve the sale Assessed Valuation: of 208 Barnard Street to Mr. and Mrs. Michael Michalski in the Land $ 3,600 amount of two thousand one hundred dollars ($2,100). 1 am Total $26,700 further recommending that the Corporation Counsel prepare The Office of Strategic Planning, Division of Real Estate has the necessary documents for the transfer of title and that the received a request to purchase 15 Herkimer Street from Ms. Mayor be authorized to execute the same. Aida E. Molina, 29 Sherwood Street, Buffalo, New York 14213. Mrs .LoTempio Moved: Ms. Molina intends to bring this two family house into code I am recommending that Your Honorable Body approve the sale compliance and use as a place of residence. of 14 Koester Street to Mr. Kevin Veith in the amount of one The purchaser has provided the Division of Real Estate with a thousand two hundred dollars ($1,200). 1 am further plan to rehabilitate the house and proof of financial ability to recommending that the Corporation Counsel prepare the complete the purchase and make repairs. This two story house necessary documents for the transfer of title and that the Mayor was acquired by the City of Buffalo through a tax foreclosure in be authorized to execute the same. October 2002, situate on a lot 25'x 121'. REFERRED TO THE COMMITTEE ON FINANCE The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are NO. 15 no building code violations, taxes or other liens owed to the City Results of Negotiations of Buffalo by the purchaser. 56 Northland, 320' E Masten The Division of Real Estate has investigated the sale of similar Vacant Lot: 30' x 100' two family houses in the subject area. Sales prices range from Assessed Valuation: one dollar and thirty cents ($1.30) to two dollars and thirty-eight Land $ 2,100 cents ($2.38), per square foot of living area. Total $ 5,100 The results of our negotiations are that Ms. Aida Molina has The Office of Strategic Planning, Division of Real Estate has agreed and is prepared to pay two thousand five hundred received a request to purchase 56 Northland Avenue from Mr. dollars ($2,500), one dollar and thirty cents ($1.30) per square P. Leigh Whyte, 1891 Nigh Road, Fort Erie, Ontario, Canada foot, for the subject property. She has also agreed to pay for L2A5M4. Mr. Whyte owns a two family house at 59 Northland the cost of the transfer tax, recording fees and cost of the legal Avenue. He intends to purchase 56 Northland, bring this one description. family house into code compliance and use as rental income. I am recommending that Your Honorable Body approve the sale The purchaser has provided the Division of Real Estate with a of 15 Herkimer Street to Ms. Aida E. Molina in the amount of plan to rehabilitate the house and proof of financial ability to two thousand five hundred dollars ($2,500). 1 am further complete the purchase and make repairs. This one story house recommending that the Corporation Counsel prepare the was acquired by the City of Buffalo through a tax foreclosure in necessary documents for the transfer of title and that the Mayor October 2002, situate on a lot 30' x 100'. be authorized to execute the same. The Division of Permit and Inspection Services and the Mrs. LoTempio Moved: Division of Collections have no objections to the sale. There are That the above communication from the Office of Strategic no building code violations, taxes or other liens owed to the City Planning, Division of Real Estate, dated July 16, 2003, be of Buffalo by the purchaser. received and filed; and I am recommending that Your Honorable Body approve the sale That the offer from Ms. Aida E. Molina, residing at 29 of 56 Northland Street to Mr. P. Leigh Whyte in the amount of Sherwood Street, in the sum of two thousand and five hundred two thousand five hundred dollars ($2,500). 1 am further dollars ($2, 500.00) for the purchase of 15 Herkimer Street, be recommending that the Corporation Counsel prepare the and hereby is accepted; and necessary documents for the transfer of title and that the Mayor That the appraisal requested by the City of Buffalo shall be paid be authorized to execute the same. by the purchaser; and Mrs. LoTempio moved That the offer from Mr. P. Leigh Whyte That the transfer tax, recording fees and cost of legal in the sum of two thousand and five hundred dollars($2,500.00) description shall be paid by the purchaser; and for the purchase of 56 Northland be and it hereby is accepted, That the Corporation Counsel be authorized to prepare the and necessary documents for the transfer of title and that the Mayor That the appraisal requested by The City of buffalo shall be be authorized to execute the same, in accordance with the paid by the purchaser and terms of sale upon which the offer was submitted. That the transfer tax recording fees and cost of legal Passed description shall be paid by the purchaser; and AYES - 13 - NOES - 0 That The Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor No. 14 be authorized to execute the same in accordance with the Results of Negotiations terms of sale upon which the offer was submitted 14 Koester, 110 E. Hopkins PASSED Vacant Lot: 30' x 100' AYES - 13 NOES - 0 Assessed Valuation: 3,800 The Office of Strategic Planning, Division of Real Estate has NO. 16 received a request to purchase 14 Koester from Mr. Kevin Results of Negotiations Veith, 6622 Old Lake Shore Road, Derby, New York 14047. 879 South Park, 165' NW St. Stephens Mr. Veith owns a two family house at 16 Koester. He intends to Vacant Lot: 30' x 300' use 14 Koester Street for extra yard space, which is adjoining Assessed Valuation: $2,600 to the property he owns. 32 St. Stephens, 344.75' SW South Park The Division of Permit and Inspection Services and the Vacant Lot: 24'x 135' Division of Collections have no objections to the sale, There are Assessed Valuation: $1,800 no building code violations, taxes or other liens owed to the City The Office of Strategic Planning, Division of Real Estate, of Buffalo by the purchaser. has received a request to purchase 879 South Park Avenue The Division of Real Estate has investigated the sale of similar and 32 St. Stephens Place from Mrs. Michelle Cullen , 22 St. vacant lots in the subject area. Sales prices range from thirty Stephens Place, Buffalo, New York 14210. Mrs. Cullen owns cents (.30) to forty cents (.40) per square toot. and resides at 22 St. Stephens Place. She also owns the The results of our negotiations are that Mr. Veith has agreed adjoining vacant lot at 883 South Park, and would like to and is prepared to pay one thousand two hundred dollars purchase 879 South Park Avenue and 32 St. Stephens Place, ($1,200), forty cents (.40) per square foot, for the subject which are adjoining. She intends to use the properties for extra property. He has also agreed to pay for the cost of the transfer yard space and extend her property line. tax, recording fees and cost of the legal description. The Division of Permit and Inspection Services and the That the City of Buffalo does hereby approve the transfer of Division of Collections have no objections to the sale. There are 231 Trenton to Primera Iglesia Methodista no building code violations, taxes or other liens owed to the City Unida Church, 62 Virginia Street upon the terms and of Buffalo by the purchaser. conditions listed in the above communication and The Division of Real Estate has investigated the sale of similar That The Corporation Counsel prepare the necessary vacant lots in the subject area. Sale prices range from twenty documents for the transfer of title and that the Mayor be cents (.20) to fifty cents (.50) per square foot. authorized to execute the same The results of our negotiations are that Mrs. Cullen has agreed PASSED and is prepared to pay two thousand five hundred dollars AYES - 13 NOES – 0 ($2,500), twenty cents (.20) per square foot for these parcels. She has also agreed to pay for the cost of the transfer tax, NO. 18 recording fees and cost of the legal descriptions. SENECA BLUFFS - PROPOSAL TO TRANSFER I am recommending that Your Honorable Body approve the sale 12 ACRES OF CITY PROPERTY TO ERIE COUNTY of 879 South Park Avenue and 32 St. Stephens Place to Mrs. Attached for your review is a draft proposal and resolution, Michelle Cullen in the amount of two thousand five hundred prepared by the Erie County Attorney's Office to be presented dollars ($2,500). 1 am further recommending that the to the County Legislature regarding the Seneca Bluffs Wetland Corporation Counsel prepare the necessary documents for the and Aquatic Habitat Restoration Project. Also, attached is a transfer of title and that the Mayor be authorized to execute the description of the parcels of City owned land to be transferred same. to Erie County for One Dollar ($1.00). (see schedule A, Parcels Mrs. LoTempio Moved: A, B & C). The transfer of lands will also include the That the above communication from the Office of Strategic abandonment and transfer of several paper streets to Erie Planning, Division of Real Estate, dated July 16, 2003, be County (Schedule "B"). The total amount of property to be received and filed; and transferred is approximately 12 acres. That the offer from Mrs. Michelle Cullen, residing at 22 St. Total project costs are estimated to be Four Hundred Stephens Place, in the sum of two thousand and five hundred Twenty-Three Thousand Dollars ($423,000.00). Funding for dollars ($2,500.00) for the purchase of 879 South Park, and 32 the project have been secured from the following sources: St. Stephens Place, be and they hereby are accepted; and 1. $106,500 from New York State EPS That the appraisal requested by the City of Buffalo shall be paid 2. $100,000 from Great Lakes Coastal Watershed Restoration by the purchaser; and Program That the transfer tax, recording fees and cost of legal 3. $100,000 City of Buffalo - CDBG description shall be paid by the purchaser; and 4. $100,000 Erie County That the Corporation Counsel be authorized to prepare the 5. $16,500 Local in-Kind necessary documents for the transfer of title and that the Mayor The County of Erie will pay for all costs associated with the be authorized to execute the same, in accordance with the transfer of title and recording fees. Upon completion of the terms of sale upon which the offer was submitted. project the Erie County Parks and Forestry Department will Passed provide annually three man-hours of maintenance work per AYES - 13 - NOES - 0 week. The City of Buffalo will provide a quitclaim deed to the property and retain reversionary interest in the properties being No. 17 transferred. Results of Negotiations Therefore, should Your Honorable Body approve the above 231 Trenton proposed terms, I am recommending that the Corporation Exchange of Properties Counsel, City of Buffalo prepare the necessary agreements for Item No. 117, C.C.P. 4/29/03 the transfer of title and that the Mayor be authorized to execute In the above referenced item Your Honorable Body the same. authorized the Division of Real Estate to negotiate the sale of Mrs. LoTempio moved: the above property to the Primera Iglesia Methodista Unida That the above communication from the Office of Strategic Church, 62 Virginia Street, Buffalo, New York 14201. The Planning, Division of Real Estate, dated July 17, 2003, be Church intends to acquire and use the property for parking and received and filed; and future expansion. That the City of Buffalo enter into an agreement with Erie The Director of Real Estate has met with the District County to transfer the Seneca Bluffs Wetland and Aquatic Councilmember and Mr. Ben Matta, representing the Church. Habitat Restoration Project for One Dollar ($1.00); and The results of our negotiations are that the City of Buffalo will That the transfer tax, and recording fees shall be paid by the exchange the vacant lot at 231 Trenton Street (75 x 100) for the County of Erie; and vacant lot at 253 Busti (53 x 100), owned by Primera Iglesia That the funding for the project have been secured from the Methodista Unida Church. In accordance with Article 27-7 of sources as listed in the above communication; and the City Charter, the Church will pay additional compensation to That the Corporation Counsel be authorized to prepare the the City of Buffalo in the amount of Six Hundred Dollars necessary agreements for the transfer of title and that the ($600.00), the difference in value between the two properties. Mayor be authorized to execute the same, in accordance with In addition the Church will provide and pay for the cost of the the terms of sale upon which the offer was submitted. title report for 253 Busti, legal description, transfer tax and PASSED recording fees. AYES - 13 NOES - 0 I am recommending that Your Honorable Body approve the transfer of 231 Trenton to Primera Iglesia Methodista Unida NO. 19 upon the above terms and conditions. TRANSFER OF TITLE I am further recommending that the Corporation Counsel URBAN HOMESTEAD PROGRAM prepare the necessary documents for the transfer of title and 309 BISSELL (CITY OWNED-VACANT that the Mayor be authorized to execute the same. LOT, 30'X 105') Mrs. LoTempio moved The Office of Strategic Planning has surveyed the city-owned vacant lot at 309 Bissell Street Buffalo, New York, parcel is 30' x 105' in dimension; and it has been determined this parcel inappropriate for either the construction of new housing or inappropriate for either the construction of new housing or needed for public purposes. needed for public purposes. Mr. Samuel Whitaker residing at 15 French Street, Buffalo, Mr. Jerry and Mrs. Theola Harris residing at 305 Bissell Street, New York 14211 indicated he will clean, improve and maintain Buffalo, New York 14211 indicated they will clean, improve and the lot in the event he obtains title to the property under the maintain the lot in the event he obtains title to the property Urban under the Urban Homestead Program. Homestead Program. The Division of Permit and Inspection Services and the The Division of Permit and Inspection Services and the Division of Collections have bee contacted. There are no Division of Collections have bee contacted. There are no property code violations, taxes or other liens owed to the City of property code violations, taxes or other liens owed to the City of Buffalo b the homesteaders. Buffalo b the homesteader. We, therefore, recommend the city-owned vacant lot be We, therefore, recommend the city-owned vacant lot be designated as a Homestead Property and be transferred to Mr. designated as a Homestead Property and be transferred to Mr. and Mrs. Harris on the condition the property is cleaned and Samuel Whitaker on the condition the property is cleaned and improve within (6) months and maintained in a sanitary manner. improve within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: Mrs. LoTempio moved That the City owned property known as That the above communication from the Office of Strategic 17 French St. is hereby designated as Homestead Property Planning dated July 16, 2003, be received and filed; and and that the Mayor be and he is hereby authorized to execute a That the city-owned property commonly known as 309 Bissell deed transferring said property to Ms. Samuel Whitaker Street, is hereby designated as Homestead Property, and that residing at 15 French St. for the amount of one dollar ($1.00) the Mayor be, and he hereby is authorized to execute a deed and no more, with conditions as listed in the above transferring said property to Mr. Jerry and Mrs. Theola Harris, communications. residing at 305 Bissell Street, for the amount of One Dollar PASSED ($1.00) and no more, and all costs of transfer, on the condition AYES - 13 NOES - 0 the property is cleared and improved within six (6) months and maintained in a sanitary manner. NO. 22 PASSED TRANSFER OF TITLE AYES - 13 NOES - 0 URBAN HOMESTEAD PROGRAM 31 KEHR (CITY OWNED-VACANT NO. 20 LOT, 30'X 170') TRANSFER OF TITLE The Office of Strategic Planning has surveyed the city-owned URBAN HOMESTEAD PROGRAM vacant lot at 31 Kehr Street, Buffalo, New York, parcel is 30' x 60 EDNA (CITY OWNED-VACANT 170' in dimension; and it has been determined this parcel is LOT, 33'X 134') inappropriate for either the construction of new housing or The Office of Strategic Planning has surveyed the city-owned needed for public purposes. vacant lot at 60 Edna Place Buffalo, New York, parcel is 33' x Ms. Charlene N. McDuffie residing at 92 Rohr Street, Buffalo, 134' in dimension; and it has been determined this parcel i New York 14211 indicated she will clean, improve and maintain inappropriate for either the construction of new housing or the lot in the event she obtains title to the property under needed for public purposes. the Urban Homestead Program. 92 Rohr Street is directly Ms. Kathleen Minnifield residing at 58 Edna Place, Buffalo, behind 31 Kehr Street. New York 14209 indicated she will clean, improve and maintain The Division of Permit and Inspection Services and the the lot in the event she obtains title to the property under the Division of Collections have been contacted. There are no Urbz Homestead Program. property code violations, taxes or other liens owed to the City of The Division of Permit and Inspection Services and the Buffalo by the homesteader. Division of Collections have bee contacted. There are no We, therefore, recommend the city-owned vacant lot be property code violations, taxes or other liens owed to the City of designated as a Homestead Property and be transferred to Ms. Buffalo b the homesteader. McDuffie on the condition the property is cleaned and improved We, therefore, recommend the city-owned vacant lot be within (6) months and maintained in a sanitary manner. designated as a Homestead Property and b transferred to Ms. Mrs. LoTempio moved: Minnifield on the condition the property is cleaned and That the above communication from the Office of Strategic improved within (6) month and maintained in a sanitary manner. Planning dated July 16, 2003, be received and filed; and Mrs. LoTempio moved That the City owned property known as That the city-owned property commonly known as 31 Kehr 60 Edna Place is hereby designated as Homestead Property Street, is hereby designated as Homestead Property, and that and that the Mayor be and he is hereby authorized to execute a the Mayor be, and he hereby is authorized to execute a deed deed transferring said property to Ms. Kathleen Minnifield transferring said property to Ms. Charlene N. McDuffie, residing at 58 Edna Place for the amount of one dollar ($1.00) residing at 92 Rohr Street, for the amount of One Dollar ($1.00) and no more, with conditions as listed in the above and no more, and all costs of transfer, on the condition the communications. property is cleared and improved within six (6) months and PASSED maintained in a sanitary manner. AYES - 13 NOES - 0 PASSED AYES - 13 NOES - 0 NO. 21 TRANSFER OF TITLE NO. 23 URBAN HOMESTEAD PROGRAM UTILITY EASEMENT AGREEMENT 17 FRENCH (CITY OWNED-VACANT NIAGARA MOHAWK POWER CORPORATION LOT, 30' X 135') FOR USE OF 1143 WEST - SCHOOL NO. 19 The Office of Strategic Planning has surveyed the city-owned The Office of Strategic Planning, Division of Real Estate, has vacant lot at 17 French Street Buffalo, New York, parcel is 50' x received the attached easement agreement from Niagara 110' in dimension; and it has been determined this parcel i Mohawk Power Corporation for use of city owned property located at 1143 West - School No. 19. They are requesting a Niagara Mohawk has indicated that this easement is utility easement for property as described in the attached necessary for a school upgrade project. proposed easement "Exhibit A". This office has contacted the Department of Public Works, Niagara Mohawk has indicated that this easement is necessary Parks & Streets and they both have indicated that they have no for a school upgrade project. objections and/or conditions in reference to the attached This office has contacted the Department of Public Works, proposed easement. Parks & Streets and they both have indicated that they have no I am, therefore, recommending that Your Honorable Body objections and/or conditions in reference to the attached approve this easement agreement, that the Law Department proposed easement. review said agreement for their approval as to form and I am, therefore, recommending that Your Honorable Body authorize the Mayor to execute the same. approve this easement agreement, that the Law Department Mrs. LoTempio moved: review said agreement for their approval as to form and That the above communication from the Office of Strategic authorize the Mayor to execute the same. Planning, Division of Real Estate, dated July 17, 2003, be Mrs. LoTempio moved: received and filed; and That the above communication from the Office of Strategic That the City of Buffalo enter into a utility easement agreement Planning, Division of Real Estate, dated July 17, 2003, be with Niagara Mohawk Power Corporation for use of city-owned received and filed; and property located at 368 Kensington -Burgard High School; and That the City of Buffalo enter into a utility casement agreement That the Corporation Counsel be authorized to review said with Niagara Mohawk Power Corporation for use of city-owned agreement and that the Mayor be authorized to execute the property located at 1143 West -School No. 19; and same. That the Corporation Counsel be authorized to review said PASSED agreement and that the Mayor be authorized to execute the AYES - 13 NOES - 0 same. PASSED FROM THE COMPTROLLER AYES - 13 NOES - 0 NO. 26 CERTIFICATE OF NECESSITY NO. 24 INCREASED APPROPRIATION UTILITY EASEMENT AGREEMENT APPROPRIATION ALLOTMENTS - BOARD OF NIAGARA MOHAWK POWER CORPORATION EDUCATION FOR USE OF 558 HIGHGATE - SCHOOL NO. 80 We, Anthony M. Masiello, Mayor and Andrew A. Sanfilipo, The Office of Strategic Planning, Division of Real Estate, has Deputy Comptroller, do hereby certify pursuant to §20-11 of the received the attached easement agreement from Niagara Charter, that an increase in the sum of $29,321,465 in the Mohawk Power Corporation for use of city owned property estimates for the fiscal year beginning July 1, 2003 is located at 558 Highgate - School No. 80. They are requesting a necessary in Appropriation Allotments - Board of Education, to utility easement for property as described in the attached meet a contingency which could not have been reasonably proposed easement "Exhibit A". foreseen when the budget was adopted. The amount of Niagara Mohawk has indicated that this easement is necessary increased appropriation will be met from a $29,321,465 for a school upgrade project. increase in New York State Aid changes This office has contacted the Department of Public Works, (see attached) that occurred after budget adoption, not Parks & Streets and they both have indicated that they have no otherwise appropriated for any other purpose. The details of the objections and/or conditions in reference to the attached requirements are set forth below: proposed easement. To: I am, therefore, recommending that Your Honorable Body Board of Education approve this easement agreement, that the Law Department General Fund review said agreement for their approval as to form and Operations and Maintenance. $29,321,465 authorize the Mayor to execute the same. Dated: Buffalo, NY, July 17, 2003 Mrs. LoTempio moved: RECEIVED AND FILED That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 17, 2003, be NO. 27 received and filed; and CERTIFICATE OF NECESSITY That the City of Buffalo enter into a utility easement agreement TRANSFER OF FUND with Niagara Mohawk Power Corporation for use of city-owned COMMON COUNCIL - LEGISLATIVE property located at 558 Highgate -School No. 80; and We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, That the Corporation Counsel be authorized to review said Deputy Comptroller, do hereby certify, pursuant to §20-12 of agreement and that the Mayor be authorized to execute the the Charter, that it is necessary that the sum of $9,000 be same. transferred and reappropriated within Common Council PASSED Legislative, as set forth below: AYES - 13 NOES - 0 From: Legislative - Personal Services NO. 25 10 102001 - 412002 Hourly Salary $9,000 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK To: POWER CORPORATION FOR USE OF 368 KENSINGTON - Common Council Legislative - Councilmember #4 BURGARD H.S. 10 105004 - 458001 Transportation $1,200 The Office of Strategic Planning, Division of Real Estate, has 10 105004 - 45 8002 Meals/Lodging $1,000 received the attached easement agreement from Niagara 10 105004 - 458003 Reg./Mem, etc. $ 800 Mohawk Power Corporation for use of city owned property Common Council Legislative - Councilmember #2 located at 368 Kensington- Burgard High School. They are 10 103 001 - 415001 Auto Allowance $3,000 requesting a utility easement for property as described in the Common Council Legislative - Councilmember #6 attached proposed easement "Exhibit All. 10 107001 - 415 001 Auto Allowance $1,000 Common Council Legislative - Councilmember #8 Erie, Ontario, we will present this report and our 10109001-415001 Auto Allowance $2,000 recommendations. We will encourage public discussion and Dated: Buffalo, NY, July 15, 2003 answer questions. After this workshop the final Scoping RECEIVED AND FILED Document reflecting the results of Workshop No. 5 and would then be submitted for ratification by the Partnering Group. NO. 28 As always, please feel free to contact the Project Management CERTIFICATE OF NECESSITY office with any questions. The list of contacts to whom this TRANSFER OF FUNDS package has been sent is enclosed. INVENTORY & STORES REFERRED TO THE COMMITTEE ON BINATIONAL BUILDINGS BRIDGE AND DIRECTOR OF STRATEGIC PLANNING We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Deputy Comptroller, do hereby certify, pursuant FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS to §20-12 of the Charter, that it is necessary that the sum of AND STREETS $62,316 be transferred and reappropriated from Inventory & Stores, as set forth below: NO. 31 From: NOTIFICATION SERIAL # 9701 11781005 - 4)62600 Gas & Lube $62,316 NO STANDING - REPEAL To: ON HALBERT STREET, WEST SIDE 13296006 - 443400 Equipment Maintenance Contracts $ 300 BETWEEN A POINT 100' NORTH OF JEWETT 13296006 - 480000 Other Services $62,016 AVENUE Dated: Buffalo, NY, July 15, 2003 AND A POINT 113' NORTH THEREFROM RECEIVED AND FILED NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances NO. 29 of the City of Buffalo, the City Engineer hereby notifies Your CERTIFICATE OF NECESSITY Honorable Body of this action supplementing, amending, or TRANSFER OF FUNDS repealing existing provisions of Chapter 479 of the Ordinances, HEALTH CARE - ACTIVE as stated below, to be effective forty five days after the first WORKMAN'S COMP MEDICAL SERVICES Council meeting at which they appear on the agenda as an item We, Anthony M. Masiello, Mayor and Andrew A. business. SanFilippo, Deputy Comptroller, do hereby certify, pursuant That part of Subdivision 22 Section 15 of Chapter 479 of to §20-12 of the Charter, that it is necessary that the sum of Ordinances of the City of Buffalo be supplemented by repealing $600,000 be transferred and reappropriated from Health Care therefrom the following: NO STANDING for Active Employees, as set forth below: PROHIBITED PORTION OF HIGHWAY PROHIBITED From: PERIOD - DAILY 17301002 - 421002 Health Care Active $600,000 Halbert Street, west side 8:00 am to 5:00 pm To: between a point 100' north of Jewett Avenue 12555006 -432002 Medical Services $600,000 and a point 113' north therefrom. Dated: Buffalo, NY, July 15, 2003 This action is being taken in order to provide for a two hour RECEIVED AND FILED parking area adjacent to the Tri-Main building and to clarify other parking restrictions on Halbert Street at the request of the FROM THE PRESIDENT OF THE COUNCIL General Manager of Tri-Main and the District Councilmember. NO. 30 (see next 2 serials) SCOPING DOCUMENT/ALTERNATIVE SCREENING NOTIFICATION SERIAL # 9702 REPORT INSTALL PERMISSIVE PARKING ON HALBERT STREET, PEACE BRIDGE WEST SIDE BETWEEN THE NORTH CURBLINE Dear Council President Pitts: EXTENDED OF PHELPS STREET AND A POINT 175' As members of the Peace Bridge Expansion Project's NORTH OF JEWETT AVENUE (EXCLUDING NO PARKING Partnering Group enclosed you will find advance copies of: (1) AND NO STANDING AREAS) Peace Bridge Expansion Project's draft of the final Scoping PERMISSIVE PARKING - INSTALL Document/Alternative Screening Report (SD/ASR) (including In conformity with Section 49 of Chapter 479 of the only the revised appendices) and (2) a CD containing the entire Ordinances of the City of Buffalo, the City Engineer hereby document in Adobe Acrobat portable document format (pdf) for notifies Your Honorable Body of this action supplementing, your review and comment. We ask that you keep this document amending, or repealing existing provisions of Chapter 479 of confidential until its official public release. the Ordinances, as stated below, to be effective forty five days This report documents the process and results of the after the first Council meeting at which they appear on the Alternative Screening Process to-date, the Consultant Team's agenda as an item business. technical evaluation of alternatives and recommendation of That that part of Subdivision 25 Section 15 of Chapter 479 of alternatives to be studied in the Preliminary Design/DEIS/ESR Ordinances of the City of Buffalo be supplemented by adding Phase of the project. thereto the following: PERMISSIVE PARKING As you may be aware we will be holding a partnering group PROHIBITED PORT OF HIGHWAY PROHIBITED PERIOD - staff meeting the week of 14 July 2002 in both Buffalo and Fort DAILY Erie. The purpose of this meeting is to brief the partnering Halbert Street, west side between 2 hour parking group staff on the contents of the document, discuss your the north curbline extended of Phelps 8:00 am to 6:00 pm participation at Workshop #5, and discuss the ratification Street and a point 175' north of Except Saturday and Sunday process. Our project schedule currently contemplates Jewett Avenue. ratification of the final Scoping Document the week of 11 (excluding No Parking and No Standing areas) August 2003. This action is being taken in order to provide for a two hour At Public Collaborative Workshop #5 on 9 August 2003 (9:00 parking area adjacent to the Tri-Main building and to clarify am to 12:00 noon), at Crystal Ridge Community Centre, Fort other parking restrictions on Halbert Street at the request of the General Manager of Tri-Main and the District Councilmember. That that part of Subdivision 24 Section 15 of Chapter 479 of (see previous and next serials) Ordinances of the City of Buffalo be supplemented by adding NOTIFICATION SERIAL # 9703 thereto the following: NO PARKING INSTALL NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED ON HALBERT STREET, WEST SIDE PERIOD BETWEEN A POINT 23 5' NORTH OF JEWETT Donaldson Road, east side between At all times. AVENUE Northland Avenue and a AND A POINT 80' NORTH THEREFROM. point 200' south therefrom. NO STANDING - INSTALL This action is being in response to the above referenced item. In conformity with Section 49 of Chapter 479 of the Ordinances (see previous and next serials). of the City of Buffalo, the City Engineer hereby notifies Your NOTIFICATION SERIAL # 9706 Honorable Body of this action supplementing, amending, or INSTALL NO PARKING ON DONALDSON ROAD, SOUTH repealing existing provisions of Chapter 479 of the Ordinances, AND EAST SIDES OF THE CIRCLE AT THE EAST END as stated below, to be effective forty five days after the first BETWEEN THE WEST BUILDING LINE OF # 153 AND A Council meeting at which they appear on the agenda as an item POINT 200' SOUTH OF NORTHLAND AVENUE. business. ITEM NO. 91, C.C.P. 11/27/01 That that part of Subdivision 22 Section 15 of Chapter 479 of NO PARKING -INSTALL Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the Ordinances thereto the following: NO STANDING of the City of Buffalo, the City Engineer hereby notifies Your PROHIBITED PORTION OF HIGHWAY PROHIBITED Honorable Body of this action supplementing, amending, or PERIOD repealing existing provisions of Chapter 479 of the Ordinances, Halbert Street, west side At all times. as stated below, to be effective forty five days after the first between a point 235' north of Jewett Avenue Council meeting at which they appear on the agenda as an item and a point 80' north therefrom. business. This action is being taken in order to provide for a two hour That that part of Subdivision 24 Section 15 of Chapter 479 of parking area adjacent to the Tri-Main building and to clarify Ordinances of the City of Buffalo be supplemented by adding other parkin restrictions on Halbert Street at the request of the thereto the following: NO PARKING General Manager of Tri-Main and the District Councilmernber. PROHIBITED PORTION OF HIGHWAY PROHIBITED (see previous 2 serials) PERIOD NOTIFICATION SERIAL # 9704 Donaldson Road, south and east sides 9:00 am to 3:00 pm REPEAL NO PARKING ON DONALDSON ROAD, SOUTH Mon - Friday AND EAST SIDES OF THE CIRCLE AT THE CAST END of the circle at the east end between BETWEEN THE WEST BUILDING LINE OF # 153 AND the west building line of # 153 and CONTINUING AROUND THE CIRCLE TO NORTHLAND a point 200' south of Northland Avenue. AVENUE. This action is being in response to the above referenced item. ITEM NO. 9 1, C. C.P. 11/27/01 (see previous 2 serials). NO PARKING -REPEAL NOTIFICATION SERIAL # 9707 In conformity with Section 49 of Chapter 479 of the Ordinances INSTALL NO LEFT TURN of the City of Buffalo, the City Engineer hereby notifies Your COLVIN AVENUE, SOUTHBOUND Honorable Body of this action supplementing, amending, or AT CRESCENT AVENUE repealing existing provisions of Chapter 479 of the Ordinances, REGULATIONS OF TURNS - INSTALL as stated below, to be effective forty five days after the first In conformity with Section 49 of Chapter 479 of the Ordinances Council meeting at which they appear on the agenda as an item of the City of Buffalo, the City Engineer hereby notifies Your business. Honorable Body of this action supplementing, amending, or That that part of Subdivision 24 Section 15 of Chapter 479 of repealing existing provisions of Chapter 479 of the Ordinances, Ordinances of the City of Buffalo be supplemented by repealing as stated below, to be effective forty five days after the first therefrom the following: NO PARKING Council meeting at which they appear on the agenda as an item PROHIBITED PORTION OF HIGHWAY PROHIBITED business. PERIOD That that part of Section 37 of Chapter 479 of Ordinances of Donaldson Road, south and east sides At all times the City of Buffalo be supplemented by adding thereto the of the circle at the east end between following: REGULATION OF TURNS the west building line of # 153 STREET AT INTERSECTION HOURS DIRECTION and continuing around the circle PROHIBITION to Northland Avenue. Colvin Avenue Crescent Avenue 6:00 am – southbound No This action is being in response to the above referenced item. Left Turn (see next 2 serials). 9:00 am NOTIFICATION SERIAL # 9705 This action is being taken in order to deter motorists from using INSTALL NO PARKING ON DONALDSON ROAD, CAST Crescent Avenue as a "cut through" at the request of the SIDE BETWEEN NORTHLAND AVENUE AND A POINT 200' District Councilmember on behalf of the property owners on SOUTH THEREFROM. Crescent Avenue. ITEM NO. 9 1, C.C.P. 11/27/01 NOTIFICATION SERIAL # 9708 NO PARKING - INSTALL INSTALL NO LEFT TURN In conformity with Section 49 of Chapter 479 of the Ordinances PARKSIDE AVENUE, NORTHBOUND of the City of Buffalo, the City Engineer hereby notifies Your AT CRESCENT AVENUE Honorable Body of this action supplementing, amending, or REGULATIONS OF TURNS -INSTALL repealing existing provisions of Chapter 479 of the Ordinances, In conformity with Section 49 of Chapter 479 of the Ordinances as stated below, to be effective forty five days after the first of the City of Buffalo, the City Engineer hereby notifies Your Council meeting at which they appear on the agenda as an item Honorable Body of this action supplementing, amending, or business. repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first In conformity with Section 49 of Chapter 479 of the Ordinances Council meeting at which they appear on the agenda as an item of the City of Buffalo, the City Engineer hereby notifies Your business. Honorable Body of this action supplementing, amending, or That that part of Section 37 of Chapter 479 of Ordinances of repealing existing provisions of Chapter 479 of the Ordinances, the City of Buffalo be supplemented by adding thereto the as stated below, to be effective forty five days after the first following: REGULATION OF TURNS Council meeting at which they appear on the agenda as an item STREET AT INTERSECTION HOURS DIRECTION business. PROHIBITION That that part of Subdivision 25 Section 15 of Chapter 479 of Parkside Ave Crescent Avenue 4:00 pm -northboundNo Left Ordinances of the City of Buffalo be supplemented by repealing Turn therefrom the following: PERMISSIVE PARKING 7:00 pm PERMISSIVE PARKING LOCATION PERIOD This action is being taken in order to deter motorists from using OF Crescent Avenue as a "cut through" at the request of the PERMISSIVE PARKING District Councilmernber on behalf of the property owners on - DAILY Crescent Avenue North Johnson Park, north side 2 Hour Parking (ns9708.doc) between Delaware Avenue 7:00 am to 7:00 pm NOTIFICATION SERIAL # 9709 and S. Elmwood Avenue Except Sunday REPEAL NO PARKING ON EAST EAGLE STREET, SOUTH This action is being taken in conjunction with the Downtown SIDE BETWEEN MICHIGAN AVENUE AND PINE STREET Buffalo Parking Infrastructure Task Force study to provide ITEM NO. 211, C.C.P. 04/15/03 more user friendly on-street parking in Downtown Buffalo. NO PARKING -REPEAL NOTIFICATION SERIAL # 9712 In conformity with Section 49 of Chapter 479 of the Ordinances INSTALL METERED PARKING ON NORTH JOHNSON of the City of Buffalo, the City Engineer hereby notifies Your PARK, NORTH SIDE BETWEEN DELAWARE AVENUE Honorable Body of this action supplementing, amending, or AND S. ELMWOOD AVENUE (EXCLUDING EXISTING NO repealing existing provisions of Chapter 479 of the Ordinances, PARKING AND NO STANDING AREAS) as stated below, to be effective forty five days after the first PERMISSIVE PARKING - INSTALL Council meeting at which they appear on the agenda as an item In conformity with Section 49 of Chapter 479 of the Ordinances business. of the City of Buffalo, the City Engineer hereby notifies Your That part of Subdivision 24 Section 15 of Chapter 479 of Honorable Body of this action supplementing, amending, or Ordinances of the City of Buffalo be supplemented by repealing repealing existing provisions of Chapter 479 of the Ordinances, therefrom the following: NO PARKING as stated below, to be effective forty five days after the first PROHIBITED PORTION OF HIGHWAY PROHIBITED Council meeting at which they appear on the agenda as an item PERIOD business. East Eagle Street, south side between At all times. That that part of Subdivision 29 Section 15 of Chapter 479 of Michigan Avenue and Pine Street Ordinances of the City of Buffalo be supplemented by adding This action is being taken at the request of the Durham thereto the following: METERED PARKING Memorial A.M.E. Zion Church in order to provide for additional Metered Parking Locations Period of Metered Parking Rate of 2 hour parking on East Eagle Street. (see next serial). Metered Parking NOTIFICATION SERIAL # 97 10 North Johnson Park, north 10 Hour Parking Rate D INSTALL PERMISSIVE PARKING ON EAST EAGLE side between Delaware 8:00 am to 5:00 pm $2.00 STREET, SOUTH SIDE BETWEEN MICHIGAN AVENUE per day AND PINE STREET (EXCLUDING NO PARKING AND NO Avenue and S. Elmwood Monday - Friday STANDING AREAS) Avenue (excluding existing ITEM NO. 211, C.C.P. 04/15/03 No Parking and No Standing areas) PERMISSIVE PARKING - INSTALL This action is being taken in conjunction with the Downtown In conformity with Section 49 of Chapter 479 of the Ordinances Buffalo Parking Infrastructure Task Force study to provide of the City of Buffalo, the City Engineer hereby notifies Your more user friendly on-street parking in Downtown Buffalo. Honorable Body of this action supplementing, amending, or NOTIFICATION SERIAL # 9713 PERMISSIVE PARKING - repealing existing provisions of Chapter 479 of the Ordinances, REPEAL ON SOUTH JOHNSON PARK, SOUTH SIDE as stated below, to be effective forty five days after the first BETWEEN S.ELMWOOD AVENUE AND DELAWARE Council meeting at which they appear on the agenda as an item AVENUE business. PERMISSIVE PARKING - REPEAL That that part of Subdivision 25 Section 15 of Chapter 479 of In conformity with Section 49 of Chapter 479 of the Ordinances Ordinances of the City of Buffalo be supplemented by adding of the City of Buffalo, the City Engineer hereby notifies Your thereto the following: PERMISSIVE PARKING Honorable Body of this action supplementing, amending, or PROHIBITED PORTION OF HWY PROHIBITED PERIOD - repealing existing provisions of Chapter 479 of the Ordinances, DAILY as stated below, to be effective forty five days after the first East Eagle Street, south side 2 hour parking Council meeting at which they appear on the agenda as an item between Michigan Avenue and Pine 7: 00 am to 7: 00 pm business. Street (excluding No Parking and Except Sunday That part of Subdivision 25 Section 15 of Chapter 479 of No Standing areas). Ordinances of the City of Buffalo be supplemented by repealing This action is being taken at the request of the Durham therefrom the following: PERMISSIVE PARKING Memorial A.M.E. Zion Church in order to provide for additional PERMISSIVE PARKING LOCATION PERIOD OF 2 hour parking on East Eagle Street. (see previous serial). PERMISSIVE NOTIFICATION SERIAL # 9711 PARKNG PERMISSIVE PARKING - REPEAL ON NORTH JOHNSON DAILY PARK, NORTH SIDE BETWEEN DELAWARE AVENUE South Johnson Park, south side 2 Hour Parking AND S. ELMWOOD AVENUE between S. Elmwood Avenue 7:00 am to 7:00 pm PERMISSIVE PARKING - REPEAL and Delaware Avenue Except Sunday This action is being taken in conjunction with the Downtown St. Michael's Place, south 10 Hour Parking Rate D Buffalo Parking Infrastructure Task Force study to provide side between Washington 8:00 am to 5:00 pm $2.00 per day more userfriendly on-street parking in Downtown Buffalo. Street and Ellicott Street Monday - Friday NOTIFICATION SERIAL # 9714 (excluding existing No Parking INSTALL METERED PARKING and No Standing areas) ON SOUTH JOHNSON PARK, SOUTH SIDE This action is being taken in conjunction with the Downtown BETWEEN S. ELMWOOD AVNEUE Buffalo Parking Infrastructure Task Force study to provide AND DELAWARE AVENUE more user friendly on-street parking in Downtown Buffalo. (EXCLUDING EXISTING NO PARKING NOTIFICATION SERIAL # 9717 AND NO STANDING AREAS) PERMISSIVE PARKING - REPEAL PERMISSIVE PARKING - INSTALL ON ST. MICHAEL'S PLACE, NORTH SIDE In conformity with Section 49 of Chapter 479 of the Ordinances BETWEEN ELLICOTT STREET of the City of Buffalo, the City Engineer hereby notifies Your AND WASHINGTON STREET Honorable Body of this action supplementing, amending, or In conformity with Section 49 of Chapter 479 of the Ordinances repealing existing provisions of Chapter 479 of the Ordinances, of the City of Buffalo, the City Engineer hereby notifies Your as stated below, to be effective forty five days after the first Honorable Body of this action supplementing, amending, or Council meeting at which they appear on the agenda as an item repealing existing provisions of Chapter 479 of the Ordinances, business. as stated below, to be effective forty five days after the first hat that part of Subdivision 29 Section 15 of Chapter 479 of Council meeting at which they appear on the agenda as an item Ordinances of the City of Buffalo be supplemented by adding business. thereto the following: METERED PARKING That that part of Subdivision 25 Section 15 of Chapter 479 of Metered Parking Locations Period of Metered Parking Rate of Ordinances of the City of Buffalo be supplemented by repealing Metered Parking therefrom the following: PERMISSIVE PARKING South Johnson Park, south10 Hour Parking Rate D PERMISSIVE PARKING LOCATION PERIOD OF side between S. Elmwood 8:00 am to 5:00 pm $2.00 PERMISSIVE PARKING - DAILY per day St. Michael's Place, north side 1 Hour Parking Avenue and Delaware Avenue Monday - Friday between Ellicott Street and 7:00 am to 7:00 pm (excluding existing No Parking Washington Street Except Sunday and No Standing areas) This action is being taken in conjunction with the Downtown This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Buffalo Parking Infrastructure Task Force study to provide more user friendly on-street parking in Downtown Buffalo. more user friendly on-street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9718 NOTIFICATION SERIAL # 9715 INSTALL METERED PARKING ON ST. MICHAEL'S REPEAL NO PARKING ON ST. MICHAEL'S PLACE, PLACE, NORTH SIDE BETWEEN ELLICOTT STREET AND SOUTH SIDE BETWEEN WASHINGTON STREET AND WASHINGTON STREET (EXCLUDING EXISTING NO ELLICOTT STREET PARKING AND NO STANDING AREAS) NO PARKING -REPEAL PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item Council meeting at which they appear on the agenda as an item business. business. That that part of Subdivision 24 Section 15 of Chapter 479 of That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing Ordinances of the City of Buffalo be supplemented by adding therefrom the following: NO PARKING thereto the following: METERED PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED Metered Parking Locations Period of Metered Parking Rate of PERIOD Metered Parking St. Michael's Place, south side between At all times. St. Michael's Place, north 10 Hour Parking Rate Washington Street and Ellicott Street D NOTIFICATION SERIAL # 9716 side between Ellicott Street 8:00 am to 5:00 pm $2.00 per INSTALL METERED PARKING ON ST. MICHAEL'S day PLACE, SOUTH SIDE BETWEEN WASHINGTON STREET and Washington Street Monday - Friday AND ELLICOTT STREET (EXCLUDING EXISTING NO (excluding existing No Parking PARKING AND NO STANDING AREAS) and No Standing areas) PERMISSIVE PARKING - INSTALL This action is being taken in conjunction with the Downtown In conformity with Section 49 of Chapter 479 of the Ordinances Buffalo Parking Infrastructure Task Force study to provide of the City of Buffalo, the City Engineer hereby notifies Your more user friendly on-street parking in Downtown Buffalo. Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, No. 32 as stated below, to be effective forty five days after the first Notification Serial # 9719 Council meeting at which they appear on the agenda as an item Repeal Handicapped Parking business. Seneca Street, south side That that part of Subdivision 29 Section 15 of Chapter 479 of between Main Street and Ordinances of the City of Buffalo be supplemented by adding Washington Street thereto the following: METERED PARKING HANDICAPPED PARKING - REPEAL Metered Parking Locations Period of Metered Parking Rate of In conformity with Section 49 of Chapter 479 of the Metered Parking Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, (excluding existing No Parking amending, or repealing existing provisions of Chapter 479 of and No Standing areas) the Ordinances, as stated below, to be effective forty five days PERMISSIVE PARKING - INSTALL after the first Council meeting at which they appear on the In conformity with Section 49 of Chapter 479 of the Ordinances agenda as an item business. of the City of Buffalo, the City Engineer hereby notifies Your That part of Subdivision 26 Section 15 of Chapter 479 of Honorable Body of this action supplementing, amending, or Ordinances of the City of Buffalo be supplemented by repealing repealing existing provisions of Chapter 479 of the Ordinances, therefrom the following: HANDICAPPED PARKING as stated below, to be effective forty five days after the first HANDICAPPED PARKING LOCATION Council meeting at which they appear on the agenda as an item Seneca Street, south side between Main Street and business. Washington Street That part of Subdivision 29 Section 15 of Chapter 479 of PERIOD OF HANDICAPPED PARKING Ordinances of the City of Buffalo be supplemented by adding At All Times thereto the following: METERED PARKING This action is being taken in conjunction with the Downtown Metered Parking Locations Buffalo Parking Infrastructure Task Force study to provide Seneca Street, south side more user friendly on-street parking in Downtown Buffalo. between Main Street Notification Serial # 9720 and Washington Street Install Handicapped Parking Period of Metered Parking Seneca Street, south side 2 Hour Parking between a point 37' east of Main Street 8:00 am to 5:00 pm and a point 20' east therefrom Monday - Friday HANDICAPPED PARKING - INSTALL (excluding existing No Parking In conformity with Section 49 of Chapter 479 of the and No Standing areas) Ordinances of the City of Buffalo, the City Engineer hereby Rate of Metered Parking notifies Your Honorable Body of this action supplementing, Rate C amending, or repealing existing provisions of Chapter 479 of $1.00 per hour the Ordinances, as stated below, to be effective forty five days 2 hour maximum after the first Council meeting at which they appear on the This action is being taken in conjunction with the Downtown agenda as an item business. Buffalo Parking Infrastructure Task Force study to provide That part of Subdivision 26 Section 15 of Chapter 479 of more user friendly on-street parking in Downtown Buffalo. Ordinances of the City of Buffalo be supplemented by adding RECEIVED AND FILED thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION NO. 33 Seneca Street, south side between a point 37' east of Main Adjust Alternate Parking on Tennessee Street Street and a point 20' east therefrom Between South Street and Dead End PERIOD OF HANDICAPPED PARKING Item No. 168, C.C.P. 6/24/03 At All Times The following response is being submitted at the request of the This action is being taken in conjunction with the Downtown Common Council as outlined in Item # 168 of June 24, 2003. Buffalo Parking Infrastructure Task Force study to provide Please be advised that the Department of Public Works, Parks more user friendly on-street parking in Downtown Buffalo. & Streets - Traffic Section has reviewed your concerns. Notification Serial # 9721 An investigation by my department into feasibility of changing Install Handicapped Parking the alternate parking from the current Type I alternate parking Seneca Street, south side to T 11 alternate parking has yielded the following: between a point 104' east of Main Street 1) Tennessee Street between South Street and Dead End was and a point 20' east therefrom ordinance for Type I alternate parking in 1983 (CCP #83 2/8, HANDICAPPED PARKING - INSTALL This ordinance reads No Parking - East Side 4 P.M. In conformity with Section 49 of Chapter 479 of the Ordinances Wednesday to 4 P.M. Sunday, No Parking - West Side 4 P.M. of the City of Buffalo, the City Engineer hereby notifies Your Sunday 4 P.M. Wednesday. This ordinance allows for parking Honorable Body of this action supplementing, amending, or on one side only of Tennessee Street. repealing existing provisions of Chapter 479 of the Ordinances, 2) The traffic pattern Tennessee Street between South Street as stated below, to be effective forty five days after the first and Dead End is two-way. Whereas this section of street is a Council meeting at which they appear on the agenda as an item dc end, two way traffic must be maintained at all times. business. 3) The pavement width of Tennessee Street between South That part of Subdivision 26 Section 15 of Chapter 479 of Street and Dead End is 28' (feet), Ordinances of the City of Buffalo be supplemented by adding 4) Parking lane width is considered to be 8' (feet). (N.Y.S. thereto the following: HANDICAPPED PARKING D.O.T. Standards) HANDICAPPED PARKING LOCATION 5) The apparent requested alternate parking (Type 11) would Seneca Street, south side between a point 104' east of Main allow for parking on both sides of the street every evening and Street and a point 20' east therefrom weekends. This would allow for only 12' (feet) of pavement PERIOD OF HANDICAPPED PARKING width to support mandatory two-way traffic during the times At All Times vehicles would be allowed to park on both sides of the street. This action is being taken in conjunction with the Downtown 6) Tennessee Street pavement width is too narrow to safely Buffalo Parking Infrastructure Task Force study to provide support both two-way traffic and parking on both sides. more user friendly on-street parking in Downtown Buffalo. Based on the preceding information it is the recommendation of Notification Serial # 9722 our Department that the current Type I parking ordinance Install Metered Parking remain in effect. on Seneca Street, south side REFERRED TO THE COMMITTEE ON LEGISLATION between Main Street and Washington Street NO. 34 Report of Emergency Bids the amount of $367,500.00. Fire Protection: Davis-Ulmer Broadway Garage Sprinkler Co. in the amount of $39,878.00 Wall Reconstruction I recommend that Your Honorable Body authorize the Job No. 0354 Commissioner of Public Works, Parks & Streets to order the I asked for and received the following emergency proposals for work on the basis of the low bids. Funds for this project are the Broadway Garage, Wall Reconstruction, which were available in CPF 36322206 445100 - Buildings. publicly opened and read on July 9, 2003. Mrs. LoTempio Moved: Hogan Restoration $56,640.00 That the above communication from the Commissioner of 310 Jersey, Buffalo, NY Public Works, Parks and Streets dated July 10, 2003, be Allgaier Construction $71,250.00 received and filed; and Clarence, NY That the Commissioner of Public Works, Parks and Streets, 4790 Thompson, be, and he hereby is authorized to award contracts to the Morris Masonry lowest responsible bidder, for City Hall, Low Rise Elevator $97,566.00 Modernization, for General Construction to D.C.B. Elevator Appenheimer, Buffalo, NY 40 Co., Inc. in the amount of $885,000.00, for Electrical Work to I hereby certify that the foregoing is a true and correct CIR Electrical Construction in the amount of $367,500.00, for statement of all bids received and that Hogan Restoration, in Fire Protection Work to Davis-Ulmer Sprinkler Co. in the the amount of Fifty Six Thousand Six Hundred Forty and amount of $39,878.00. Funds for the project are available in 00/100 Dollars ($56,640.00) the lowest responsible bidder in CPF 36322206 445100 -Buildings. accordance with the plans and specifications. Passed. The wall on the northeast side has deteriorated and is falling AYES - 13 - NOES - 0 down. The problem must be rectified immediately to protect City personnel and the public. No. 36 Funds for this project are available in 36322206 445100 - Report of Bids Buildings. Shea's Performing Arts Center, Phase I Mrs. LoTempio Moved: Exterior Restoration - East Wall & That the above communication from the Commissioner of Main Street Fagade Public Works, Parks and Streets dated July 16, 2003, be Job No. 0335 received and filed; and Item No. 31, CCP 07/08/03 That the Commissioner of Public Works, Parks and Streets, July 8, 2003 meeting Your Honorable Body approved the be, and he hereby is authorized to award a contract for the General Construction bids received for Shea's Performing Arts Broadway Garage, Wall Reconstruction, to Hogan Restoration, Center, Phase 1, Exterior Restoration - East Wall & Main the lowest responsible bidder, in the amount of $56,640.00. Street Fagade. Your Funds for the project are available in 36322206 445100 - approval of Rodems Construction was for Buildings. 1 . Base bid. $1,524,000.00 Passed. 2. Alternate #4 to provide a counter-balance bottom AYES - 13 - NOES – 0 $ 6,000.00 stair run of new fire escape in lieu of fixed bottom No. 35 stair run. Report of Bids 3. Alternate #7 to replace existing bottom pivots $ 8,000.00 City Hall mortised into existing floor at doors indicated on the Main Low Rise Elevator Modernization Street side. Job No. 0326 Total Approved $1,538,000.00 I advertised for on June 18, 2003 and received the following We hereby request permission to include in the contract sealed formal proposals for City Hall, Low Rise Elevator Alternate #1 - Provide the blade sign, including Modernization, which were publicly opened and read on July 9, cover and collars. The cost of this is $198,000.00 and the 2003. contract value is $1,736,000.00. Below is General Construction the tabulation of all bids received for your information. D.C. B. Elevator Co., Inc. $ 885,000.00 Alternate 1: Provide the Blade Sign, including cover and 916 Center, Lewiston, NY collars. Schindler Elevator Corp. $ 959,800.00 Alternate 2: Provide all new steel fire escape members 80 Curtwfight, Williamsville, NY and related components, fasteners, etc. with a Wilsandra Construction $1,269,000.00 hot dip galvanized (unpainted) finish. 300 Camden, Buffalo, NY Alternate 3: Provide all new steel fire escape members Electrical Work and related components, fasteners, etc. with CIR Electrical Construction $ 367,500.00 hop dip galvanized with a painted finish. 2750 Kenmore, Tonawanda, NY Alternate 4: Provide counter-balanced bottom stair run of Tunney Electric $ 386,640.00 new fire escape in lieu of fixed bottom stair 8565 Roll Rd, Clarence Ctr, NY run. Finish shall ungalvanized steel with a Frey Electric Construction $ 423,000.00 painted finish. 100 Pearce, Tonawanda, NY Alternate 5: Provide counter-balanced bottom stair run of Fire Protection Work new fire escape in lieu of fixed bottom stair Davis-Ulmer Sprinkler Co. $ 39,878.00 run. Finish shall hot dip galvanized steel One Commerce, Amherst, NY (unpainted). I hereby certify that the foregoing is a true and correct Alternate 6: Provide counter-balanced bottom stair run of statement of all bids received and that the following are the new fire escape in lieu of fixed bottom stair lowest responsible bidder in accordance with the plans and run. Finish shall hot dip galvanized steel with specifications: a painted finish. General Construction: D.C.B. Elevator Co., Inc. in the amount of $885,000.00. Electrical Work: CIR Electrical Construction in Alternate 7: Replace existing bottom pivots mortised into existing floor at That the above communication from the Commissioner of doors indicated on drawings. Include all Public Works, Parks and Streets dated July 17, 2003, be removals and associated patching/fill. received and filed; and I recommend that Your Honorable Body That the Commissioner of Public Works, Parks and Streets, authorize the be, and he hereby is authorized to award a contract for North Commissioner of Public Works, Parks & Streets to order the District Sidewalk Repair - 2003, Group #6 10, to A.B.P. work on the basis of the low bids. Funds for this project are Concrete Construction Co., Inc., the lowest responsible bidder, available in Division of Buildings Capital Account. in the amount of $48,378.00 ($43,980.00 Base Bid +10% unit Mrs. LoTempio Moved: price increase $4,398.00 = Total Award $48,378.00. Funds for That the above communication from the Commissioner of the project are available in Block Grant Account #29-07200. Public Works, Parks and Streets dated July 10, 2003, be That the Comptroller be and he hereby is authorized to approve received and filed; and a transfer of the CDBG Funds into Capital Project Account That the Commissioner of Public Works, Parks and Streets, #30032106. be, and he hereby is authorized to issue a change order to Passed. Rodems Construction for Shea's Performing Arts Center, AYES - 13 - NOES - 0 Phase 1, Exterior Restoration - East Wall & Main Street Faqade, to add Alternate #1 in the amount of $198,000 for a No. 38 total contract of $1,736,000.00. Funds for the project are Report of Bids available in Division of Buildings Capital Account. Overlay of City Pavements - 2003 Passed. Group #607 AYES - 13 - NOES - 0 Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised No. 37 and received bids for the above mentioned project. Report of Bids In obtaining bids for the above project, I have asked for bids on North District Sidewalk Repair – 2003 a unit price covering the various items of work and material Group #6 10 which will he performed. The final cost of the work will be C.C.P.#126,3/3/98 based on the actual measured quantities of materials entering This is to advise your Honorable Body that I have advertised into the work and may be either more or less than the total bid. and received bids on June 13, 2003 for North District Sidewalk The following bids were received: Repair - 2003, Group #610. Base Bid Unit Price In obtaining bids for the above project, I have asked for bids on Increase a unit price covering the various items of work and material Amherst Paving, Inc. $915,705.00 $1,007,275.50 which will be performed. The final cost of the work will be 330 Meyer Road, Buffalo, NY 14226 based on the actual measured quantities of materials entering Janik Paving & Constr, Inc.$917,000.00 $1,008,570.50 into the work and may be either more or less than the total bid. 97 Evans Street, Hamburg, NY 14075 The following bids were received: Destro & Brs Concrete ., Inc.$929,720.00 $1,020,840.50 Base Bid Unit Price 411 Ludington Street, Buffalo, NY 14206 Increase E & R General Const, Inc. $937,565.00 $1,029,135.50 A.B.P. concrete Construction, Inc. $43,980.00 $48,378.00 38 St. David's Drive, West Seneca, NY 14224 3407 Delaware Avenue, Kenmore, NY 14217 1 hereby certify that the lowest responsible bidder for the above Sicilia Construction Co., Inc. $47,489.50 $52,238.45 project is Amherst Paving, Inc. I respectfully recommend that 25 Strassbourg Drive, Buffalo, NY 14227 your Honorable Body authorize a contract award in the amount P & J Construction Co., Inc. $48,125.00 $52,937.50 of $1,007,275.50 ( Base Bid $915,705.00 + 10% unit price 709 Pleasant View Drive, Lancaster, NY 14086 increase $91,570.50 = Total Award $1,007,275.50 Funds for C & C Contractor's, Inc. $55,045.00 $60,549.50 this work are in Capital Project Account 930032106. The 97 Ransom Rd., Lancaster, NY 14086 engineer's estimate for this work is $ 1,000,000.00. Attached is Master's Edge, Inc. $73,205.00 $80,525.50 a tentative paving list of candidate streets by Councilman 1807 Elmwood Ave., Buffalo, NY 14207 District. Campobello Construction Co., Inc. $74,490.00 $81,939.00 The attached is certified to be a true and correct statement of 3407 Delaware Avenue, Buffalo, NY 14217 the two (2) lowest bids received. Under provisions of the I hereby certify that the lowest responsible bidder for the above General Municipal Law, any of the bidders may withdraw his project is A.B.P. Concrete Construction Co., Inc. I respectfully bid if an award of the contract is not made by August 30, 2003. recommend that your Honorable Body authorize a contract Individual bid submissions are available in our office for award in the amount of $48,378.00 (43,980.00 Base Bid + 10% inspection and copies are available upon request. unit price increase $4,398.00 = Total Award $48,378.00 ). Mrs. LoTempio Moved: Funds for this work are in Block Grant Account #29-07200 as That the above communication from the Commissioner of identified by North District Councilmember Joseph Golombek, Public Works, Parks and Streets dated July 17, 2003, be Jr. and permission is also necessary to approve a transfer of received and filed; and the CDBG Funds into our Capital Project Account #30032106. That the Commissioner of Public Works, Parks and Streets, The engineer's estimate for this work is $50,000.00. be, and he hereby is authorized to award a contract for Overlay The attached is certified to be a true and correct statement of of City Pavements - 2003, Group #607, to Amherst Paving, the two (2) lowest bids received. Under provisions of the Inc., the lowest responsible bidder, in the amount of General Municipal Law, any of the bidders may withdraw his $1,007,275.50 (Base Bid $915,705.00 = 10% unit price bid if an award of the contract is not made by July 28, 2003. increase $91,570.50 = Total Award $1,007,275.50. Funds for Individual bid submissions are available in our office for the project are available in Capital Project Account #30032106. inspection and copies are available upon request. Passed. Mrs. LoTempio Moved: AYES - 13 - NOES - 0 No. 39 Report of Bids That the above communication from the Commissioner of Underground Storage Tank Removal Public Works, Parks and Streets dated July 16, 2003, be 560 Walden Avenue received and filed; and I advertised on June 25, 2003 and have received the following That the Commissioner of Public Works, Parks and Streets be, bids for the removal of underground storage tanks at 560 and he hereby is authorized to issue a change order, to Amstar Walden Ave., which were publicly opened & read on July 9, of Western New York, an increase in the amount of 2003. $216,261.00, as more fully described in the above Contractor Base Bid communication, for work relating to security enhancements for Nature's Way Environmental $27,517 Division of Water elevated storage tanks and remote pump 3553 Crittenden Road stations Contract #92010741. Funds for this project are Crittenden, NY 14038 available in a Division of Water account 53180656. Visone Construction, Inc. $59, 925 Passed 79 Sheldon Ave. AYES - 13 - NOES - 0 Depew, NY 14043 Designers Estimate $28,000 No. 41 I hereby certify the foregoing is a true and correct statement of Change in Contract the bid received and that Nature's Way Environmental, 3553 C. Destro Development Crittenden Road, Crittenden, New York 14038 is the lowest Contract #92010386 responsible bidder in accordance with the plans and I hereby submit to Your Honorable Body the following change specifications; and that the contract amount is $27,517. order for this contract. This change order is necessary for I request that Your Honorable Body authorize the Vulcan Street water system improvements. The total cost for Commissioner of Public Works, Parks & Streets to order the said improvements is shown below: work on the basis of the low bid. Funds for this work are CHART AVAILABLE IN CITY CLERKS OFFICE FOR available in Bond Account 35030306. REVIEW Mrs. LoTempio Moved: Contract Amount: $1,089,710.00 That the above communication from the Commissioner of This Change Order $ 368,500.00 Public Works, Parks and Streets dated July 22, 2003, be Total Contract $1,458,210.00 received and filed; and Funds are available in a Division of Water account (53150596) That the Commissioner of Public Works, Parks and Streets, I respectfully certify that this change order is fair and equitable be, and he hereby is authorized to award a contract for the for the work involved, and respectfully request that Your removal of underground storage tanks at 560 Walden Avenue, Honorable Body approve the subject change order and to Nature's Way Environmental, the lowest responsible bidder, authorize the Commissioner of Public Works, Parks & Streets in the amount of $27,517. Funds for the project are available in to issue said change order to C. Destro Development. Bond Account 35030306. Permission is requested from Your Honorable Body to Passed. authorize to increase contract as stated above. AYES - 13 - NOES - 0 Mrs LoTempio Moved: That the above communication from the Commissioner of No. 40 Public Works, Parks and Streets dated July 16, 2003, be Change in Contract received and filed; and Amstar of Western New York That the Commissioner of Public Works, Parks and Streets be, Contract #92010741 and he hereby is authorized to issue a change order, to C. I hereby submit to Your Honorable Body the following change Destro Development, an increase in the amount of order for this contract. This change order is necessary for $368,500.00, as more fully described in the above security enhancements for Division of Water elevated storage communication, for Vulcan Street water system improvements tanks and remote pump stations. See the cost breakdown Contract #92010386. Funds for this project are available in a below: Division of Water account 53150596. 1.Security Cameras and sensors $ 52,935.00 Passed Equipment only AYES - 13 - NOES - 0 2. Control System $ 87,710.00 Which includes equipment and No. 42 Labor costs for installation of Change in Contract cameras and control equipment C. Destro Development 3. Electrical - included all conduit $ 75,616.00 Contract #92010756 and cable I hereby submit to Your Honorable Body the following change Total $216,261.00 order for this contract. This change order is necessary to mill Contract Amount $1,300,000.00 and overlay portions of Heussy St., Payne Ave., Olcott Ave., This Change Order 216,261.00 and Folger St.; for open cutting 20 services including the Total Contract $1,516,261.00 associated curl repair; and a credit for the use of full depth Funds are available in a Division of Water account 53180656. asphalt in lieu of concrete base. See the cost breakdown I respectfully certify that this charge order is fair and equitable below: for the work involved, and respectfully request that Your 1. Milling - 15,886 sy x $1.50/sy = $ 23,829.00 Honorable Body approve the subject change order and Overlay - 838 tons x $50.80/ton = $ 42,570.40 authorize the Commissioner of Public Works, Parks & Streets Subtotal $ 66,399.40 to issue said change order to Amstar of Western New York. 2. 20 services x $3,000 additional per service = $ 60,000.00 Permission is requested from Your Honorable Body to 870 lf curb & underdrain x $40.00/lf= $ 34,800.00 authorize the increase contract as stated above. Subtotal = $ 94,800.00 Mrs. LoTempio Moved: 3. Concrete base - $110/cy x 895 cy = ($ 98,450.00) Credit Full depth asphalt - $78/ton x 1106 tons = $ 86,268.00 Sawing of concrete - $1.50/lf x 14,664 lf = ($ 21,996.00) AYES - 13 - NOES - 0 Credit Subtotal = ($ 34,178.00) Credit No. 44 Total = 127,021.40 Permission to Accept Funds Contract Amount: $1,124,925.83 Buffalo & Erie County Historical Society This Change Order $ 127,021.40 NYS Parks Grant - 569932-N 1 Total Contract $1,251,947.23 We hereby request permission from Your Honorable Body to Funds are available in a Division of Water account 53180636. accept $350,000 from the New York State Office of Parks, I respectfully certify that this change order is fair and equitable Recreation and Historic Preservation. The funds will be used for the work involved, and respectfully request that Your with money currently in the Division of buildings Capital Honorable Body approve the subject change order and Accounts and with funds raised by the Buffalo & Erie County authorize the Commissioner of Public Works, Parks & Streets Historical Society to restore the south portico and steps located to issue said change order to C. Destro Development. on the building's south side overlooking Mirror Lake. Permission is requested from Your Honorable Body to Mrs. LoTempio Moved: authorize to increase contract as stated above. That the above communication from the Commissioner of Mrs. LoTempio Moved: Public Works, Parks and Streets dated March 13, 2003 be That the above communication from the Commissioner of received and filed; and Public Works, Parks and Streets dated July 16, 2003, be That the Commissioner of Public Works, Parks and Streets be, received and filed; and and he hereby is authorized to accept $350,000 from the New That the Commissioner of Public Works, Parks and Streets be, York State Office of Parks, Recreation and Historic and he hereby is authorized to issue a change order, to C. Preservation 569932-NI. Funds will be used with money Destro Development, an increase in the amount of currently in the Division of Buildings Capital Accounts with $127,021.40, as more fully described in the above funds raised by the Buffalo & Erie County Historical Society for communication, for mill and overlay portions of Heussy Street, the restoration of the south portico and steps. Payne Avenue, Olcott Avenue, and Folger Street; for open Passed. cutting 20 services including the associated curb repair; and a AYES - 13 - NOES - 0 credit for the use of full depth asphalt in lieu of concrete base Contract #92010756. Funds for this project are available in a No. 45 Division of Water account 53180636. Permission to Enter into Agreements w/NYSDOT Passed Provide Matching Funds AYES - 13 - NOES - 0 Buffalo Traffic Signals Improvements PIN #5756.44 No. 43 Permission is requested from Your Honorable Body to Change in Contract authorize the Mayor of the City of Buffalo to enter into all Small Animal Shelter necessary agreements with the New York State Department of Kennel Upgrades Transportation (NYSDOT) to administer, design, bid and Job No. 02-105 construct Buffalo Signals, PIN # 5756.44. I hereby submit to Your Honorable Body the following changes In addition, permission is requested for the City to hire an for Job No. 02-105, Small Animal Shelter, Kennel Upgrades, engineering consultant and commit funding necessary for first Miller Enterprises, C #92010749. instance costs of all related Federal and Non-Federal shares of 1. Remove drywall and studs, replace studs, track, install the project costs. The City of Buffalo's share of costs for this tile backer and new ceramic on north walls. Add $ 1,132.00 project is anticipated to be 5% and costs estimates for the 2.45 sq. ft. of addition ceramic tile in corridor. Add $ 424.00 work, including engineering are $2.95 million dollars and the 3. Additional stud and track replacement. Add $ 5,500.00 City's share of costs will be available in our Capital Account for The foregoing change results in a net increase in the contract Local Match Reserve. of Seven Thousand Fifty Six and 00/100 Dollars ($7,056.00). Mrs. LoTempio Moved: Summary: That the above communication from the Commissioner of Current Contract Amount $89,088.00 Public Works, Parks and Streets dated July 7, 2003 be Amount of This Change Order (#3) Add $ 7,056.00 received and filed; and Revised Contract Amount $96,144.00 That the Mayor be, and he hereby is authorized to enter into all Costs have been reviewed by the Department of Public Works, necessary agreements with the New York State Department of Parks & Streets and were found to be fair and equitable. Funds Transportation to administer, design, bid and construct Buffalo for this work are available in CPF 36322206 445100 - Division Signals, PIN #5756.44. the Commissioner of Public Works, of Buildings. Parks and Streets be, and he hereby is authorized to hire a I request that Your Honorable Body authorize the consultant and commit funding necessary for first instance Commissioner of Public Works, Parks & Streets to issue a costs of all related Federal and Non-Federal shares of the change order to the contractor as set forth above. project costs. The City of Buffalo's share of costs will be Mrs. LoTempio Moved: available in Capital Account for Local Match Reserve. That the above communication from the Commissioner of Passed. Public Works, Parks and Streets dated July 14, 2003, be AYES - 13 - NOES - 0 received and filed; and That the Commissioner of Public Works, Parks and Streets be, No. 46 and he hereby is authorized to issue change order #3, to Miller 565 Elmwood Avenue Enterprises, an increase in the amount of $7,056.00, as more Building Addition fully described in the above communication, for Job No. Within City Right of Way 02-105, Small Animal Shelter, Kennel Upgrades, C Mr. Guiliano Deganis, owner of the property located at 565 #92010749. Funds for this project are available in CPF Elmwood Avenue has requested permission to construct an 36322206 445100 - Division of Buildings. addition to the existing structure which would encroach City Passed right of way at said address. The building addition would be located on the north side of Anderson Place, project five feet Regulations) of the City Ordinances and has no objection to six inches into City right of way and measure sixty feet in Your Honorable Body authorizing the Commissioner to issue a length. -Mere License" for said installation provided the following This application was approved by the Zoning Board of conditions are met: Appeals, application #54120. June 19. 2003 (letter attached 1. That BNMC obtain any and all City of Buffalo permits and was also approved by the Planning Board at their regular required. meeting Of July 1, 2003 (letter attached). Our department has 2. That the signs be installed a minimum of two feet from the received the application pursuant to Chapters 413-67 curbline and that a minimum of five feet of sidewalk remains (Encroachment Regulations) of the City Ordinances and has unobstructed. no objection in issuing a “Mere License" for installation of said 3. That sight distances as described in the New York State encroachment provided the following conditions are met Manual of Uniform Traffic Control Devices be maintained. 1. That the applicant obtain any and all City of Buffalo permits 4. That BNMC be responsible for maintenance of said signs as necessary. long as they remain within City right of way 2. That the building addition be installed exactly as shown on 5. That BNMC supply the Department of Public Works. Parks plans submitted to and approved by the Department of Permit and Streets with a certificate of insurance in an amount & Inspection Services. deemed sufficient by the Corporation Counsel. which will 3. That the applicant be responsible for relocation of any. indemnity and hold harmless the City of Buffalo against any underground utilities in the proposed location of said addition. and all loss or damage arising out of the installation, use or 4. That upon completion of the building addition a sidewalk with removal of said signs. a minimum width of 8 feet remains. Mrs. LoTempio moved: 5. That the applicant be responsible for maintenance of the That the above communication from the Department building addition as long as it remains within City right of of Public Works, Parks and Streets dated July 22, 2003, be way. received and filed; and 6. That the applicant be assessed a fee of $5.00 per square That the Commissioner of Public Works, Parks and foot of right of way occupied per year. Streets be, and he hereby is authorized to issue a "mere 7. That. in the event the Commissioner of Public Works. Parks license" to Ms. Amy Schmit, Project Manager for the Buffalo and Streets determines the encroachment must cease as a Niagara Medical Campus to install six (6) signs as more fully result of factors effecting the health, safety and welfare of the described in the above communication, which would encroach public, or the needs of the City . said commissioner may order city right-of-way at said addresses, subject to the conditions as the immediate removal of the encroachment as described in listed above. Chapter 413-67(F) of the City Ordinances. PASSED. 8. That the applicant supply the Department of Public Works. AYES-13. NOES-0. Parks and Streets with a certificate of insurance. in an amount deemed sufficient by the Corporation Counsel, which will NO. 48 indemnify and save harmless the City of Buffalo against any 420 NIAGARA STREET. and all loss or damage arising out of the construction, HANDICAP RAMP AND STAIRS WITHIN CITY- RIGHT OF maintenance. use or removal of said building addition. WAY Mrs. LoTempio Moved: Mr. Willie Ruiz. owner of West End Communications, located That the above communication from the Department of Public at 420 Niagara Street has requested permission to install a Works, Parks and Streets dated July 22, 2003, be received handicap ramp and stairs which would encroach City right of and filed; and way at said address. That the Commissioner of Public Works, Parks and Streets be, The proposed ramp and stairs would be constructed of and he hereby is authorized to issue a "mere license" to Mr. concrete, project 9 feet from the building face into City right of Guiliano Degams, owner of property located at 565 Elmwood way and measure 108 feet in length. Avenue, to construct and addition to the existing structure The Department of Public Works, Parks and Streets has which would encroach city right-of-way at said address, subject reviewed Mr. Ruiz's request pursuant to Chapter 413-59.1 to the conditions as listed above. (Handicapped Access Ramps) of the City Ordinances and Passed. recommends that Your Honorable Body refer this item to the AYES - 13 - NOES – 0 Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your NO. 47 Honorable Body the Commissioner will issue a "Mere License" BUFFALO NIAGARA MEDICAL CAMPUS-, for installation of said encroachment provided the following SIGNS WITHIN condition are met: RIGHT OF WAY 1. That the applicant obtain any and all other City of Buffalo Ms. Amy Schmit, Project Manager for the Buffalo Niagara permits necessary for installation. Medical Campus (BNMC) has requested permission to install 2. That the ramp and stairs be installed exactly as shown on six signs within City right of way. The signs are 8 feet in height, plans submitted to and approved by the Department of Permits 4 feet in width and provide directions to motorists. and Inspection Services. The signs would be installed at the following locations: 3. That the applicant be responsible for maintenance of these 1. Goodell and Michigan, northwest corner. encroachments as long as they remain within City right of way. 2. Goodell and Ellicott, northeast corner. 4. That the applicant supply the Department of Public Works 3. Main and North Street. southwest corner. with a certificate of insurance. in an amount deemed sufficient 4. Main and High Street, northwest corner. by the Corporation Counsel, which will indemnify and save 5. Michigan and Carlton Street, northeast corner. harmless the City of Buffalo against any and all loss or damage 6. Main and Carlton Street. southeast corner. arising out of the construction. maintenance, use and removal The Department of Public Works. Parks and Streets has of said ramp and stairs. reviewed this request pursuant to Chapter 413)-67 Mrs. LoTempio moved: (Encroachment That the Commissioner of Public Works and Streets be and hereby is authorized to issue a mere license to install a handicap ramp and stairs which would encroach the City right 4. That no portion of the sidewalk cafe be permanent in nature of way at 420 Niagara Street with the conditions as listed in the or permanently affixed to the main building or public above communication and contingent upon the approval of the sidewalk. City Planning Board. 5. That the sidewalk cafe be completely removed from City PASSED right-of-way from November 15 to April I each year. AYES - 13 NOES - 0 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right-of-way occupied by said sidewalk cafe NO. 49 as described in Chapter 413, Article IX Section 59 (Sidewalk 3173 MAIN STREET Cafes) of the City Ordinances. REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE 7. That the applicant supply the City of Buffalo with a five Mr. Walter Batista. owner of Sal's Pizzeria, located at 3173 thousand dollar ($5.000.00) construction in street bond or Main Street, has requested permission to install a sidewalk certificate of insurance which will indemnify and save harmless cafe which would encroach City right-of-way at said address. the City of Buffalo against any and all loss and damage arising The proposed cafe would measure 20 feet in length and project out of the construction. maintenance. use and removal of said 6 1/2 feet from the building face into City right-of-way. sidewalk cafe. The Department of Public Works, Parks and Streets has REFERRED TO THE COMITTEE ON LEGISLATION AND reviewed this application pursuant to Chapter 413. Section 59 THE CITY PLANNING BOARD (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of NO. 51 Public Works. Parks and Streets to NAS QUICK-SIGN INVOICE issue a **Mere License" for said sidewalk cafe provided the Presented to your honorable body is this emergency declaration following conditions are met: regarding work performed by vendor NAS Quick Sign at the 1 . That the applicant obtain any and all other City of Buffalo Apollo Media Center. It has been suggested by the City Audit permits necessary. Dept. that this declaration be filed as a prerequisite to payment. 2. That the sidewalk cafe be installed exactly as submitted on The worked performed by the vendor was emergency in nature. plans submitted to and approved by the Department of Permit The vendor removed and replaced ripped and torn banners and Inspection Services. from the front facade of the Apollo following a windstorm. In 3. That the sidewalk cafe does not exceed 20 feet in length or addition, the vendor secured the metal standards that held the extend more than 6 1/2 feet from the building face. banners in order to protect the public’s safety. 4. That no portion of the sidewalk cafe be permanent in Attached is a copy of the vendor unpaid invoice #13604 dated nature or permanent affixed to the main building or public 04/25/03 in the amount of $1967.17. All work performed by the sidewalk. vendor was satisfactory as per the invoice. Also enclosed is a 5. That the sidewalk cafe be completely removed from City copy of my memo to auditor James Pajak as well as an e-mail right-of-way from November 15 to April I each year. containing his recommendation to file this declaration with your 6. That the applicant be assessed the annual fee of $1.30 per honorable body. square foot of City right-of-way occupied by said sidewalk cafe REFERRED TO THE COMMITTEE ON CLAIMS. as described in Chapter 413. Article IX. Section 59 (Sidewalk Cafes) of the City Ordinances. NO. 52 7. That the applicant supply the City of Buffalo with a five UB ROW AGREEMENT thousand dollar ($5.000.00) construction in street bond or Attached please find a Right Of Way Agreement for a Fiber certificate of insurance which will indemnify and save harmless Optic Network that has been negotiated between the City and the City of Buffalo against any and all loss and drainage arising the University at Buffalo for your consideration. out of the construction, maintenance, use and removal of said Mrs. LoTempio Moved: sidewalk cafe. That the above communication from the REFERRED TO THE COMITTEE ON LEGISLATION AND Commissioner of Public Works, Parks and Streets dated July THE CITY PLANNING BOARD 17, 2003 be received and filed; and That the Mayor be, and he hereby is authorized to NO. 50 enter into an agreement with the State University of New York 2179 NIAGARA STREET on behalf of the University at Buffalo to construct private REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE telecommunications facilities in the City of Buffalo right-of-way Mr. Jim Hellerer. owner of Mr. H"s Celebrities, a restaurant, as part of its connection of its South Campus with its planned located at 2179 Niagara Street, has requested permission to Bioinformatics facilities at Ellicott and Virginia Streets. install a sidewalk cafe vvhich would encroach City right-of-way Passed. at said address. The proposed cafe would measure 50 feet in AYES-13. NOES-0. length and project 7 feet from the building face into City right-of-way. FROM THE COMMISSIONER OF POLICE The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413), Section 59 NO. 53 (Sidewalk Cafes) of the City Ordinances and has no objection "C. FISHER-A. PICONE-VANDALISM-SCH. #89-DR. LYDIA to Your Honorable Body authorizing the Commissioner of T. WRIGHT SCH. OF EXCEL.") Public Works, Parks and Streets to issue a '-Mere License" for #70 CCP JUL 8, 2003) said sidewalk cafe provided the following conditions are me I have contacted Inspector David Andrews of the E District 1. That the applicant obtain any and all other City of Buffalo regarding these incidents. He stated that they are aware and permits necessary. have had sector crews check the area as much as possible. 2. That the sidewalk cafe be installed exactly as shown on The Detectives are also investigating this, but unfortunately, plans submitted to and approved by the Department of have no leads at this time. Permit and Inspection Services. REFERRED TO SPECIAL COMMITTEE ON POLICE 3. That the sidewalk cafe does not exceed 50 feet in length or REORGANIZATION extend more than 7 feet from the building face. NO. 54 CITY CHARTER AMENDMENT - CHIEFS OF POLICE FROM THE COMMISSIONER OF PERMIT & INSPECTION Pursuant to the Memorandum of Agreement between the City SERVICES and the Buffalo Police Benevolent Association dated March 19, 2003, and Civil Service job specifications for the position of NO. 59 Chief (revised 7/l/03), please take the necessary actions to B (SIC D). DAVIS-D. GUERCIO-HOUSES IN NEED OF amend the City Charter as follows: REPAIR-LOWER WEST SIDE Article 13, Sec. 13-8 Qualifications Please change to read: The ITEM NO. 69 C.C.P. 6/24/2003 Chiefs of Police shall be appointed from ranks not lower than I am in receipt of the above stated Common Council Lieutenant. Communication and wish to supply your Honorable Body with If you should have any questions concerning this the following information. As a result of your Honorable Body correspondence, please contact me at your convenience. sending the Communication from Mr. Dominic Guercio we are RECEIVED AND FILED. supplying you with the current inspection stats of the listed properties. NO. 55 304 Seventh - Next inspection, 7/14/2003, Inspector K. Coyne, CERTIFICATE OF APPOINTMENT Pre-demolition asbestos survey performed 1/25/2002 Appointment Effective: June 16, 2003 in the Department of: 382 Seventh - No assessed address Police 393 Seventh - Next inspection 7/14/2003, currently bid for to the Position of: Police Lieutenant, Permanent Promotion at demolition 396 Seventh - Next inspection 7/14/2003 the Flat 397 Seventh - Next inspection 7/30/2003, Inspector K. Coyne Starting Salary of: $ 56,560 400 Seventh - Next inspection 6/18/2003, Inspector K. Coyne James A. Stabler 411-13 Seventh- Next inspection 7/14/2003, Inspector K. 615 Campbell Blvd Coyne, Pre demolition asbestos survey performed 7/28/2000 Getzville, NY 14068 463 Seventh - Building identified for demolition by Inspector C. Donna M. Berry Curtin 475 Seventh- Next inspection 7/23/2003, Inspector B. 380 Richmond Avenue Mara, Consent signed for demolition by owner Buffalo, NY 14222 493 Seventh- Asbestos survey performed 10/26//2003 Consent REFERRED TO THE COMMITTEE ON CIVIL SERVICE. signed for demolition by owner 496 Seventh Next inspection 7/14/2003; Inspector K. Coyne FROM THE CORPORATION COUNSEL 497 Seventh Inspection 6/18/2003, Inspector K. Coyne 498 Seventh -Bid for demolition- Next inspection 7/14/2003, NO. 56 Inspector K. Coyne REVIEW OF NOMINEES FOR 501 Seventh- Next inspection 7/7/2003, Inspector D. Jowsey, APPOINTMENT-DIRECTOR OF STREET Pre-demolition asbestos survey performed 2/14/2003 SANITATION 546 Seventh- Building Inspected 7/3/2003 by Inspector C. C.C.P., 7/8/03, NO. 38 Curtin The Corporation Counsel conferred with the Division 550 Seventh- Building Inspected 7/3/2003 by Inspector C. of Collections and reports (as verified by that Division as of July Curtin 15, 2003) that the following nominee as Director of Street 552 Seventh- Next inspection 7/28/2003, Inspector S. Pieri Sanitation has no outstanding debts to the City: 556 Seventh- Next court inspection 7/9/2003, Inspector K. John Scardino Coyne. Adjourned to 7/14/2003 RECEIVED AND FILED. 562 Seventh- Building is a multiple dwelling. Owner was billed in October of 2002, Owner has not responded. An inspection NO. 57 and court case will be processed concerning this matter REVIEW OF NOMINEES FOR 563 Seventh-Bid for demolition, asbestos survey performed APPOINTMENT-DIRECTOR OF STREET 5/3/2003 576 Seventh-Bid for demolition- Next inspection CLEANING AND SNOW REMOVAL 8/13/2003, Inspector S. Pieri asbestos survey performed C.C.P., 7/8/03, NO. 37 5/3/2003 The Corporation Counsel conferred with the Division 523-25 Busti- Next inspection 7/8/2003, Inspector B. Mara of Collections and reports (as verified by that Division as of July 392 Busti- Next inspection 8/18/2003, Inspector C. Curtin 15, 2003) that the following nominee as Director of Street 488 Busti-Bid for demolition- Next inspection 8/12/2003, Cleaning and Snow Removal has no outstanding debts to the Inspector K. Coyne City: 486 Busti-Bid for demolition- Next inspection 8/12/2003, Steven Stepniak Inspector K. Coyne RECEIVED AND FILED. 471 Busti-Bid for demolition, asbestos survey performed 4/26/2002 462 Busti- not an assessed address NO. 58 458 Busti- Bid for demolition pre -demolition asbestos survey REVIEW OF NOMINEES FOR performed 8/24/2001 APPOINTMENT-BUFFALO 432 Busti -Bid for demolition. Asbestos survey performed ENVIRONMENTAL MANAGEMENT 4/26/2002 420 Busti-Bid for demolition, Next inspection COMMISSION 8/12/2003, Inspector K. Coyne C.C.P., 7/8/03, NO. 2 392 Busti -Next inspection 8/18/2003, Inspector C. Curtin The Corporation Counsel conferred with the Division of 397 Busti-Bid for demolition, Asbestos survey Collections and reports (as verified by that Division as of July performed4/26/2002 297 Busti -Next inspection 7/16/2003, 15, 2003) that the following nominees to the Buffalo Inspector K. Coyne Environmental Management Commission has no outstanding 291 Busti - Next inspection 7/8/2003, Inspector C. Curtin debts to the City: 292 Busti- Building has been demolished Peggy Brooks-Bertram, Ph.D. RECEIVED AND FILED. 282 Busti-Bid for demolition, Asbestos survey performed 4/26/2002 262 Busti - Next inspection 7/8/2003, Inspector C. NO. 63 Curtin SECOND HAND DEALER 271 Busti Next inspection 7/22/2003, Inspector C. Curtin 534 ELMWOOD 249 Busti- Next inspection 7/8/2003, Inspector C. Curtin Pursuant to Chapter 254 of the City of Buffalo Ordinances, 88 Virginia - Not an assessed address please be advised that I have examined the attached 79 Maryland- Next inspection 7/8/2003, Inspector C. Curtin application for a Second Hand Dealer License located at 534 82 Maryland- Not an assessed address Elmwood and find that as to form is correct. I have cause an 44 Hudson- Not an assessed address investigation into the premises for which said application for a 108 Pennsylvania- Not an assessed address second hand dealer license is being sought an according to the Please rest assured that the Department of Permit and attached reports from the Zoning Office, Fire Department and Inspection Services will explore all avenues available to it to Building Inspections, I find it compliance with all regulations assure compliance with the housing and property code. It is my and other applicable laws. I have caused an investigation by the sincere hope that this response satisfies your inquiry. Police Department into the more character of Brandon Chase. REFERRED TO THE COMMITTEE ON LEGISLATION. The attached thereto for Brandon Chase d/b/a Off The Wall. This request is submitted for your approval or whatever action NO. 60 you deem appropriate. RESTAURANT DANCE CLASS IV REFERRED TO THE COMMITTEE ON LEGISLATION. 318 PEARL ST. Pursuant to Chapter 150 of the City of Buffalo Ordinances, NO. 64 please be advised that I have examined the attach, application SECOND HAND DEALER for a Restaurant Dance Class IV License located at 318 Pearl 1277 HERTEL St. and find that as to form is correct. I ha caused an Pursuant to Chapter 254 of the City of Buffalo Ordinances, investigation into the premises for which said application for a please be advised that I have examined the attached Restaurant Dance Class IV license is bell sought and application for a Second Hand Dealer License located at 1277 according to the attached reports from the Zoning Office, Fire Hertel and find that as to form is correct. I have caused a Department and Building Inspections, I find complies with all investigation into the premises for which said application for a regulations and other applicable laws. I have caused an second hand dealer license is being sought and according to Investigation by the Police Department into the moral character the attached reports from the Zoning Office, Fire Department of Mike Nguyen. The attached thereto for Mike Nguyen d/b/a and Building Inspections, I find it complies with a regulations Ice Palace. This request is submitted f your approval or and other applicable laws. I have caused an investigation by the whatever action you deem appropriate. Police Department into the moral character Angela Behringer. REFERRED TO THE COMMITTEE ON LEGISLATION. The attached thereto for Angela Behringer d/b/a Behringer International Inc.. This request submitted for your approval or NO. 61 whatever action you deem appropriate. SECOND HAND DEALER REFERRED TO THE COMMITTEE ON LEGISLATION. 234 ALLEN Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 65 please be advised that I have examined the attached USED CAR DEALER application for a Second Hand Dealer License located at 234 2401 BAILEY Allen and find that as to form is correct. I have caused at Pursuant to Chapter 254 of the City of Buffalo Ordinances, investigation into the premises for which said application for a please be advised that I have examined the attached second hand dealer license is being sought and according to application for a Used Car Dealer License located at 2401 the attached reports from the Zoning Office, Fire Department Bailey and find that as to form is correct. I have caused and Building Inspections, I find it complies with al, regulations investigation into the premises for which said application for a and other applicable laws. I have caused an investigation by the used car dealer license is being sought and according the Police Department into the moral character of John Shepard. attached reports from the Zoning Office, Fire Department and The attached thereto for John Shepard d/b/a Antique Man. This Building Inspections, I find it complies with regulations and request is submitted for your approval of whatever action you other applicable laws. I have caused an investigation by the deem appropriate. Police Department into the moral character of Jerry Robins. REFERRED TO THE COMMITTEE ON LEGISLATION. The attached thereto for Jerry Robins d/b/a Finish Line. This request is submitted for your approval whatever action you NO. 62 deem appropriate. SECOND HAND DEALER REFERRED TO THE COMMITTEE ON LEGISLATION. 3114 BAILEY Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 66 please be advised that I have examined the attached USED CAR DEALER application for a Second Hand Dealer License located at 3114 1386 BAILEY Bailey and find that as to form is correct. I have caused a Pursuant to Chapter 254 of the City of Buffalo Ordinances, investigation into the premises for which said application for a please be advised that I have examined the attached second hand dealer license is being sought and according to application for a Used Car Dealer License located at 1386 the attached reports from the Zoning Office, Fire Department Bailey and find that as to form is correct. I have caused an and Building Inspections, I find it complies with a] regulations investigation into the premises for which said application for a and other applicable laws. I have caused an investigation by the used car dealer license being sought and according to the Police Department into the moral character of Garnett Tills. attached reports from the Zoning Office, Fire Department and The attached thereto for Garnett Tills d/b/a Quality lst Used Building Inspections, I find it complies with all regulations and Appliances Inc. This request is submitted for your approval or other applicable laws. I have caused an investigation by the whatever action you deem appropriate. Police Department into the moral character of Joshua REFERRED TO THE COMMITTEE ON LEGISLATION. Knapczyk. The attached thereto for Joshua Knapczyk d/b/a J.L.K. Sales and Service This request is submitted for your other applicable laws. I have caused an investigation by the approval or whatever action you deem appropriate. Police Department into the moral character of Robert REFERRED TO THE COMMITTEE ON LEGISLATION. Hondzinski. The attached thereto for Robert Hondzinski d/b/a Island Auto. This request is submitted for you approval or NO. 67 whatever action you deem appropriate. USED CAR DEALER REFERRED TO THE COMMITTEE ON LEGISLATION 529 COLVIN Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 71 please be advised that I have examined the attached USED CAR DEALER application for a Used Car Dealer License located at 529 Colvin 2186 SOUTH PARK and find that as to form is correct. I have caused investigation Pursuant to Chapter 254 of the City of Buffalo Ordinances, into the premises for which said application for a used car please be advised that I have examined the attached dealer license is being sought and according the attached application for a Used Car Dealer License located at 2186 reports from the Zoning Office, Fire Department and Building South Park and find that as to form is correct. I have caused an Inspections, I find it complies with regulations and other investigation into the premises for which said application for a applicable laws. I have caused an investigation by the Police used car dealer license is being sought and according to the Department into the moral character of David Gordon. The attached reports from the Zoning Office, Fire Department and attached thereto for David Gordon d/b/a Brightworks Industries Building Inspections, I find it complies with al regulations and Inc. This request is submitted f your approval or whatever other applicable laws. I have caused an investigation by the action you deem appropriate. Police Department into the moral character of John Aiello. The REFERRED TO THE COMMITTEE ON LEGISLATION attached thereto for John Aiello d/b/a Hertel Auto Sales. This request is submitted for your approval or whatever action you NO. 68 deem appropriate. USED CAR DEALER REFERRED TO THE COMMITTEE ON LEGISLATION 337 NORTH OGDEN Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 72 please be advised that I have examined the attached USED CAR DEALER application for a Used Car Dealer License located at 337 North 2058 SOUTH PARK Ogden and find that as to form is correct. I have caused an Pursuant to Chapter 254 of the City of Buffalo Ordinances, investigation into the premises for which said application for a please be advised that I have examined the attached used car dealer license is being sought and according to the application for a Used Car Dealer License located at 2058 attached reports from the Zoning Office, Fire Department and South Park and find that as to form is correct. I have caused an Building Inspections, I find it complies with al regulations and investigation into the premises for which said application for a other applicable laws. I have caused an investigation by the used car dealer license is being sought and according to the Police Department into the moral character of Jerry attached reports from the Zoning Office, Fire Department and Ferraracclo. The attached thereto for Jerry Ferraraccio d/b/a Building Inspections, I find it complies with all regulations and Atlantic Motors. This request is submitted for you approval or other applicable laws. I have caused an investigation by the whatever action you deem appropriate. Police Department into the moral character of Peter Rybinski REFERRED TO THE COMMITTEE ON LEGISLATION. The attached thereto for Peter Rybinski d/b/a A & L Motors. This request is submitted for you approval or whatever action NO. 69 you deem appropriate. USED CAR DEALER REFERRED TO THE COMMITTEE ON LEGISLATION 1035 FILLMORE Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 73 please be advised that I have examined the attached USED CAR DEALER application for a Used Car Dealer License located at 1035 528 TONAWANDA Fillmore and find that as to form is correct. I have caused a Pursuant to Chapter 254 of the City of Buffalo investigation into the premises for which said application for a Ordinances, please be advised that I have examined the used car dealer license is being sought and according t the attached, application for a Used Car Dealer License located at attached reports from the Zoning Office, Fire Department and 528 Tonawanda and find that as to form is correct. I have Building Inspections, I find it complies with a regulations and caused a investigation into the premises for which said other applicable laws. I have caused an investigation by the application for a used car dealer license is being sought and Police Department into the moral character of Dwayne according to the attached reports from the Zoning Office, Fire Rodgers. The attached thereto for Dwayne Rodgers d/b/a Department and Building Inspections, I find it complies with al D-Town Wholesale. This request is submitted for your approval regulations and other applicable laws. I have caused an or whatever action you deem appropriate. investigation by the Police Department into the moral character REFERRED TO THE COMMITTEE ON LEGISLATION. of Robert Faraino Jr. The attached thereto for Robert Fargino Jr. d/b/a RDF Automotive. This request is submitted for your NO. 70 approval or whatever action you deem appropriate. USED CAR DEALER REFERRED TO THE COMMITTEE ON LEGISLATION 1660 NIAGARA Pursuant to Chapter 254 of the City of Buffalo Ordinances FROM THE COMMISSIONER OF ADMINISTRATION AND please be advised that I have examined the attached FINANCE application for a Used Car Dealer License located at 1660 Niagara and find that as to form is correct. I have caused an NO. 74 investigation into the premises for which said application for a CERTIFICATE OF APPOINTMENT used car dealer license is being sought and according to the Appointment Effective July 14, 2003 in the Department of attached reports from the Zoning Office, Fire Department and Administration and Finance, Division of Parking Building Inspections, I find it complies with al regulations and Enforcement to the Position of Parking Meter Mechanic, PERMANENT APPOINTMENT at the MAXIMUM Starting Salary of $29,604 No. 80 Ted Kniazuk, 316 Willett Street, Buffalo 14206 Leaves of Absence Without Pay REFERRED TO THE COMMITTEE ON CIVIL SERVICEI transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various NO. 75 departments as listed: CERTIFICATE OF APPOINTMENT Mayor/Mayor Executive- Pamela Grzebielucha Appointment Effective 07/14/2003 in the Department Public Works, Streets & Parks- Minay Massimi of Administration & Finance, Division of Budget to the Police- Tracy Gallagher Position of Assistant Management Analyst, PERMANENTAdministration and Finance- Dejuaine Motley APPOINTMENT RECEIVED AND FILED. MAXIMUM Starting Salary of $38,278 Christopher Marcello, 231 Englewood Drive, Buffalo, 14214 No. 81 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the FROM THE COMMISSIONER OF COMMUNITY SERVICES granting of the leaves of absence without pay, in the various departments as listed: NO. 76 Police-B. Winnie FORMS USED TO MONITOR CDBG FUNDED AGENCIES RECEIVED AND FILED. As per Councilmember Coppola’s request attached please find forms used to monitor and evaluate CDBG funded agencies. No. 82 If you have any questions I can be reached at extension 4026 Reports of Attendance REFERRED TO THE COMMITTEE ON FINANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities FROM THE BOARD OF EDUCATION reporting the membership attendance at their respective meetings: NO. 77 City Planning Board "C. FISHER-A. PICONE-VANDALISM. -SCHOOL #89-DR. RECEIVED AND FILED. LYDIA T. WRIGHT SCHOOL OF EXCELLENCE OPEN" ITEM #70:, CCP JULY 8, 2003 No. 83 The Superintendent and Chief Operations Officer are aware Notices of Appointments - Council Interns of this situation. The Common Council, under Section 01500 of I transmit herewith appointments to the position of Council the General Conditions in the Plans & Specifications, is Intern. responsible for site security. Vandalism of the contractor's Mrs. LoTempio moved the approval of the appointments to the property is a police matter. position of Council Intern. REFERRED TO THE SPECIAL COMMITTEE ON POLICE ADOPTED. REORGANIZATION Certificate of Appointment Appointment Effective: July 8, 2002 in the Department of NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Common Council to the Position of Intern I Seasonal REMONSTRANCES Non-Competitive at the: Flat Starting Salary of:$7.00/HR NON-OFFICIAL COMMUNICATIONS Caitlin Bogucki 15 Wasson Street Buffalo, N.Y. 14210 Brian Pilarski 15 Wasson Street Buffalo, N.Y. 14210 FROM THE CITY CLERK Certificate of Appointment Appointment Effective: July 7, 2003 in the Department of No. 78 COMMON COUNCIL to the Position of INTERN I SEASONAL Grant Acceptance Award NON-COMPETITIVE FLAT Starting Salary of: $7.00/HR I am please to announce that the City Clerk's Office through Perry, D' Andre R. 188 East Utica Street Buffalo, NY 14209 its Records Management, Division, has been successful in Thomas Oakley 390 Okell Buffalo, NY 14220 receiving a highly competitive grant award from the State Nicholas Tyka 15 Ramona BUFFALO, NY 14220 Archives and Records Administration (SARA) in the amount of John Schieber 164 Dundee Buffalo, NY14220 $50,000.00 The grant fund! will allow Records Management to Certificate of Appointment continue work started in the Inspection & Permit Dept. Permit Appointment Effective: July 14, 2003 in the Department of Division. Records Management, utilizing both State and City Common Council to the Position of Intern II Seasonal funds has been actively working on microfilming and digitizing Non-Competitive at the: Flat Starting Salary of: $ 5.15 the City of Buffalo Housing Site Plans/ Maps. The funds Marlene M. Goslinski 134 O'Connell St. Buffalo, NY 14204 awarded will allow Records Management to digitize Michael Bogucki 224 Maurice St Buffalo, NY 14210 approximately 25,000 images. Rita Carluccio 213 Orlando Buffalo, NY 14210 RECEIVED AND FILED. Shannon Sylvia 123 Walter St Buffalo, NY 14210 Cassandra Elahrag 37 Jones St Buffalo, NY 14206 No. 79 John Marrero 315 Smith St Buffalo, NY 14210 Liquor License Applications Nicole Kleinsmith 91 Vandalia St Buffalo, NY 14202 Attached hereto are communications from persons applying Michael G. Buczkowski Rutland Street Buffalo, NY 45 14220 for liquor licenses from the Erie County Alcohol Beverage Joseph J. Cich South Park Avenue Buffalo, NY 936 14210 Control Board. Terrance J. Donohue, Jr. Densmore Street Buffalo, NY 132 Address Business Name Owner's 14220 Name William Dorsheimer Narragansett Road Buffalo, NY 56 14220 1112 Kenmore J & D Lounge Patrick Joshua Ford Altruria Street Buffalo, NY 47 14220 Kelleher Jessica Keeves Hubbell Avenue Buffalo, NY 99 14220 RECEIVED AND FILED William 0. Lewis Choate Avenue Buffalo, NY 146 14220 Patrick J. Nolan 244 Tuscarora Road Buffalo, NY 14220 Appointment Effective: July 17, 2003 in the Department of Caitlin Overdorf 122 Turner Avenue Buffalo, NY 14220 Common Council to the Position of Intern IV Seasonal Ronald P. Rechan, Jr. 8 North Drive Buffalo, NY 14216 Non-Competitive at the: Flat Starting Salary of: $ 6.00 Christopher J. Shea 90 Folger Street Buffalo, NY 14220 Morgan Woodson 180 Brinkman Avenue Buffalo, NY 14211 Letorrance Travis 48 Courtland Avenue Buffalo, NY 14215 Certificate of Appointment Kate Webster 62 Beyer Place Buffalo, NY 14210 Appointment Effective: July 14, 2003 in the Department of Ashley White 24 Melrose Street Buffalo, NY 14220 Common Council to the Position of Intern IV Seasonal Certificate of Appointment Non-Competitive at the: Flat Starting Salary of:$6.00 Appointment Effective: July 9, 2003 in the Department of Danielle C. Bakowski 39 Meriden Street Buffalo, NY 14220 Common Council to the Position of Intern II Seasonal Certificate of Appointment Non-Competitive at the: Flat Starting Salary of: $ 5.15 Appointment Effective: 7/14/03 in the Department of Amelia R. Fernandez 106 Fargo Ave. Buffalo, NY 14201 COMMON COUNCIL to the Position of Intern IV SEASONAL Tony Allen 306 Purdy St. Buffalo, NY 14208 NON-COMPETITIVE FLAT : Starting Salary of $6.00 Larthonia Redden Jr. 60 Lemon St. Buffalo, NY Kathryn M. Goehrig 299 Potomac Avenue Buffalo, New York Constance K. Howard 125 Oxford Avg. Buffalo, NY 14209 14213 Daiara A. Baines 398 Sherman St. Buffalo, NY 14212 Aniela M. Baj 180 Shefield Avenue Buffalo, NY 14220 Justin S. Kirkland 76 Sterling Buffalo, NY 14216 Certificate of Appointment Certificate of Appointment Appointment Effective: July 9, 2003 in the Department of Appointment Effective: July 8, 2002 in the Department of Common Council to the Position of Intern IV Seasonal Common Council to the Position of Intern II Seasonal Non-Competitive at the: Flat Starting Salary of: 6.00 Non-Competitive Lisa M. Giglio 265 High St. Buffalo, NY 14204 at the: Flat Starting Salary of: $5.15/HR Carmen Quinones-Morrison 42A Carolina St. Buffalo, NY Victor Victori 189 Maurice Buffalo, N.Y. 14210 14201 Jamie Sittniewski 149 Willett Street Buffalo, N.Y. 14206 Elena Russell 25 Shirley Ave. Buffalo, NY 14215 Kyle Golombek 23 Krakow Street Buffalo, N.Y. 14206 Certificate of Appointment Jasmine Lawrence 1295 E Delavan Buffalo, N.Y. 14215 Appointment Effective: July 7, 2003 in the Department of Nicholas Manuszewski 45 Kopernik Street Buffalo, N.Y. 14206 COMMON COUNCIL to the Position of INTERN IV Micheal Kozlowski 431 Weimer St Buffalo, N.Y. 14206 SEASONAL NON-COMPETITIVE FLAT Starting Salary of: Thomas Olejniczak 90 Weiss Street Buffalo, N.Y. 14206 $6.00/HR Matthew Beutler 208 Davey St Buffalo, N.Y. 14206 Williams, LaSaundra C. 648 East Utica Street Buffalo, NY Robert Blue 50 Harriet Ave. Buffalo, N.Y. 14215 14211 Shaday Fennell 127 Sprenger Ave Buffalo, N.Y. 14211 Certificate of Appointment Tracey Gaines 183 Bakos Blvd. Buffalo, N.Y. 14211 9, 2003 in the Department of Appointment Effective: July Mary Gerace 16 Wasson St. Buffalo, N.Y. 14210 Common Council to the Position of Intern IV Seasonal Amir Graves 88 Eggert Rd. Buffalo, N.Y. 14215 Non-Competitive at the: Flat Starting Salary of: 6.00 Robert Ring 82 Gorski St. Buffalo, N.Y. 14206 Aaron K. Ferguson 473 North Division St. Buffalo, NY 14204 Certificate of Appointment Certificate of Appointment Appointment Effective: July 7, 2003 in the Department of Appointment Effective: July 7, 2003 in the Department of COMMON COUNCIL Position of INTERN II SEASONAL COMMON COUNCIL to the Position of INTERN IV NON-COMPETITIVE FLAT Starting Salary of: $5.15/HR SEASONAL NON-COMPETITIVE FLAT Starting Salary of: Craig Higgins 54 Amber BUFFALO NY 14220 $6.00/HR Michael O'Hara 45 Juniata BUFFALO, NY 14210 Perry, Kareemah R. 188 East Utica Street Buffalo, NY 14209 Tim Wannemacher 285 Eden Buffalo, NY 14220 Certificate of Appointment Brendan Donovan 19 coolidge Buffalo, NY 14220 Appointment Effective: July 1, 2003 in the Department of Christine Biddle 54 Whitehall Buffalo, NY 14220 Common Council to the Position of Intern V Seasonal Kellianne Roessler 24 red Jacket Buffalo, NY 14220 Non-Competitive at the: Flat Starting Salary of: $ 8.00 David Wischnewski 577 downing. BUFFALO NY 14220 Joseph K. Bonds 26 Sussex Court Buffalo, NY 14204 Jesse zwawa 36 Junior BUFFALO, NY 14210 Regina Tucker 20 McNeely Way Buffalo, NY 14204 Marykate Oakley 134 Choate Ave. Buffalo, NY 14220 Certificate of Appointment Connor Oakley 134 Choate Ave. Buffalo, NY 14220 Appointment Effective: July 21, 2003 in the Department of Matthew O'Connor 19 Leamington Buffalo, NY 14210 COMMON COUNCIL to the Position of INTERN VI Patrick Hanley Jr 61 ramona Buffalo, NY 14220 SEASONAL NON-COMPETITIVE FLAT Starting Salary of Brigid farley 121 Bloomfield BUFFAL0 NY 14220 $10.00 Scott Kaiser 35 Riverview Buffalo NY 14220 ROSLYN DOMINICO 92 BRAYTON ST. BUFFALO, NY Alex Armstrong 85 Kingston Buffalo, NY 14220 14213 Nicholas Moskaluk 17 Crystal BUFFALO NY 14220 Christina James 292 Germania BUFFALO, NY 14220 No. 84 Brendan Lewis 487 McKinley Buffalo, NY 14220 Appointments-Mayor's Youth Opportunity & Employment Thomas Barnes 57 Tuscorora Buffalo NY14220 I transmit herewith appointments made in the Mayor's Youth Mark Blake 158 Dundee Buffalo, NY 14220 Opportunities and Employments Programs. Shannon McCarthy 69 Crystal Buffalo, NY 14220 RECEIVED AND FILED. Daniel Tyka 15 Ramona BUFFALO NY 14220 Certificate of Appointment Certificate of Appointment Appointment Effective: July 7, 2003 in the Department of Appointment Effective: July 8, 2002 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Common Council to the Position of Intern II Seasonal Non-Competitive at the: Flat Starting Salary of: $5.15 Non-Competitive at the: Flat Starting Salary of:$5.15/HR Lindsay Krug 92 Shenandoah Rd. Buffalo, NY 14220 Sara Serafin 41 Seward Street Buffalo, N.Y. 14206 Christopher Meister 17 Ramsdell Ave Buffalo, NY 14216 Certificate of Appointment No. 85 Notices of Appointments - Seasonal/Flat Appointment Effective: July 14, 2003 in the Department of Law I transmit herewith certificates received by me, reporting to the Position of Assistant Corporation Counsel I seasonal and flat salary appointments made in various (Muni-Attorney) departments. Permanent Appointment - Non-Competitive at the: Minimum RECEIVED AND FILED. Starting Salary of: $ 453757.00 Certificate of Appointment John Heffron 73 Susan Lane Buffalo, New York 14220 Appointment Effective: July, 11,2003 in the Department of Law Certificate of Appointment to the Position of Intern V Seasonal Appointment at the: F la t Appointment Effective: July 14, 2003 in the Department of Law Starting Salary of: $8.00/per hour to the Position of Assistant Corporation Counsel Permanent Gregory A. Heeb 184 Norwalk Avenue Buffalo, NY 14216 Appointment - Non-Competitive at the: Minimum Starting Certificate of Appointment salary of:$55,756.00 Appointment Effective: July 1,2003 in the Department of J. Richard Benitez 4 Radcliffe Road Buffalo, NY 14214 Division of Certificate of Appointment Public Works, Parks, Public Works Division of Recreation to Appointment Effective: 7/28/03 in the Department of DPW - the Position of Lifeguard Streets SEASONAL APPOINTMENT MINIMUM Starting Salary of Division of Streets to the Position of Motor Equipment $6.25 Mechanic Brady Jason 208 North Buffalo 14201 Permanent Promotion at the: Minimum Starting Salary of: Munye Abukar 27 Olga Place Buffalo 14206 $28,999 Michael McGuire 93 Whitfield Ave. Buffalo, NY 14220 No. 86 Appointments - Temporary, Provisional or Permanent NO. 87 I transmit herewith Appointments in the various departments AGENDA made at the Minimum (Temporary, Provisional or Permanent) CITY OF BUFFALO DISCUSSION POINTS and for Appointments at the Maximum (as per contract FOR MEETING WITH PBA requirements) . PEACE BRIDGE SCOPING REFERRED TO THE COMMITTEE ON CIVIL SERVICE. TUESDAY, JANUARY 21,2003 Certificate of Appointment CITY 'HALL, BUFFALO, NEW YORK Appointment Effective: July 9, 2003 in the Department of: 1. The Quantitative and Quallitative Analyses being done by the Police City of Buffalo indicates a to the Position of: Secretary to Commissioner of Police need for shared Border management to -every extent feasible (exempt) as an immediate priority. Permanent Non-Competitive at the: Flat Starting Salary of: $ We remain waiting for shared . Border Management conceptual 29,138 drawing for the North Northwest alternative. Scott Hirsch 401 Hampshire Buffalo, NY 14213 If you (PBA) agree we makers. try to work together on Certificate of Appointment convincing Federal decision- Appointment Effective: July 14, 2003 in the Department of The North, and North northwest locations posses the greatest Administration and Finance Division of Parking Enforcement potential for separation of commercial and vehicle traffic to the Position of Parking Meter Mechanic PERMANENT according to the natural divide of land uses Within the City. APPOINTMENT MINIMUM Starting Salary of $26,458 II The North and Northwest locations appear to provide the Carmine Marinaccio 279 Hastings Avenue Buffalo 14215 greatest potential for buffering ID Certificate of Appointment truck impacts from residential and recreational uses. Appointment Effective: July 14,2003 in the Department of The North and Northwest locations appear to provide the Community Services Division of Contract Administration greatest potential for 'beneficial park restoration with to the Position of Attendant TEMPORARY APPOINTMEN contiguous land, and without physical barriers separating FLAT parkland, from the intended vista: Starting Salary of.$6.00 111. Relocation Plan. Cynthia Ford 33 Lawrence Buffalo 14213 The conceptual plans indicates all the plaza alternatives will Certificate of Appointment involve some relocation of residences and business The Appointment Effective: 7/7/03 in the Department of Public current Quantitative Analysis estimates between 41 and 439 Works Parks & Streets Division of Engineering to the Position relocations within it areas inclusive of the currently proposed of Electrician buffers. Provisional Appointment at the: Minimum Starting Salary of: $ The City is requesting 28,179 We are requesting the I neighborhoods, and the Wayne Sellers 35 Hillside Avenue Buffalo, NY 14210 Porter/Niagara/ Richmond Certificate of Appointment IV. Lost Tax Base with plans and self contained Plaza Appointment Effective: 7/7/03 in the Department of Public Analysis of each plan indicates a lost tax base ranging from Works Parks & Streets Division of Streets to the Position of $32.16 million to $53.75 Street Worker Permanent Non-Competitive at the: Minimum million dollars to the C - of Buffalo. Mitigation to the same Starting Salary of: $26,779 needs to be addressed. Mark McKinnon 86 Brinton St. Buffalo, NY 14216 Possibilities include : Certificate of Appointment I)Monetary reimbursement; and/or Appointment Effective: July 21, 2003 in the Department of 2) Replenishing tax base by placing administrative or Public Works, Parks & Streets Division of Water to the commercial facility servicing operations along the commercial Position of Clerk corridor adjoining the Plaza; and/or Provisional Appointment at the: starting Starting Salary of: 3) Enhancing V tax base by pursuing the initiative to relocate $25,162 along with land improvements in the Linda Conrad 102 Columbus Avenue Buffalo, New York 14220 Porter/Niagara/Forest/Richmond boundaries. Certificate of Appointment V. City Traffic Flow As we have discuss here is a natural split in northern plaza Donald Speed was a member/volunteer at G.R.O.U.P. area with the bend in Niagara Street. Ministries, Inc. in 1994. He was hired in 1995 as an HIV/AIDS Facilitating truck movement north along Niagara might be Educator and facilitated HIV/AIDS workshops in the local beneficial and not necessarily adverse, and should be prisons, rehabilitation centers and correctional facilities until his considered resignation in June 2002. Donald had received more than 200 In addition the City would like to see the bridge as a connection hours in training on HIV related issues. Through his to the City as well as employment, he also served on several boards and The U. S. and passenger vehicles should have easy access committees. He became a member of G.R.O.U.P. Ministries, and or directed access along Niagara Street in the City. Inc. Board of Directors in 1999-2000. He was also a member of VI, Where is the Budget' the AIDS Network of Western New York, the AIDS Leadership What is the proposed process for seeking US and Canadian Coalition of WNY, Healing, Health and Hope Ministry, PWLA Federal monies from what sources ? Committee and the B.O.R.N. Committee. Donald was also the What funding sorce are being tapped ? recipient of several awards: G.R.O.U.P. Ministries' Volunteer of Based upon the above show', we structure a path to follow to the Year in 1996, Outstanding Peer Educator Award in 1998 assemble legislative, and monetary needs? and the President's Award, for dedicated service to the ministry REFERRED TO THE SPECIAL COMMITTEE ON "Where Eagles Dare" in 2001. BI-NATIONAL BRIDGE The comer of Jefferson and Fillmore is ideal, because the Donald R. Speed Rehabilitation Center is to be housed at this NO. 88 location. Thank you in advance for considering our request. M COPPOLA-T. BARKER NOTIFICATION OF FISCAL REFERRED To THE COMMITTEE ON LEGISLATION, THE STABILITY AUTHORITY MEETINGS COMMISSIONER OF PUBLIC WORKS, THE I am writing to request that you add one more item to what I COMAISSIONER OF POLICE, THE COMMISSIONER OF am confident is an already lengthy agenda. As I am sure you FIRE AND THE CORPORATION COUNCIL are aware, there are several unanswered questions regarding the implementation of the Buffalo Fiscal Stability Authority, NO. 91 many of which 1, in my capacity as the Delaware District B. GRAY-ONLY 5% OF ELGIBLE STUDENTS RECEIVE Councilmember, am faced with daily. TUTORING-“CRITERION” It would be extremely helpful and greatly appreciated if notices Dear Mr. Michaux: regarding when and where Fiscal Stability Authority Meetings Please file the attached item for the next Common Council will be held could be sent to each individual Councilmember. meeting dated July 22, 2003. Thank you for your assistance in This will allow us to remain informed and share the information this matter. obtained at the Authority meetings with our constituents. Only 5% of Eligible Buffalo Furthermore, it would be very helpful if minutes from Authority Students Receiving Tutoring meetings could be forwarded to individual Councilmembers. More Children Should Be Enrolled; More Providers I thank you in advance for you attention to this request. Once Needed again, your efforts in insuring that Councilmembers receive although nearly 12,000 low income students attending individual notification regarding the time and location of poorly-performing public schools in Buffalo are eligible to Authority meetings as well as minutes from the meetings will be receive tutoring, the city school district has enrolled only 5 greatly appreciated. percent of these students in programs that provide this needed Please call me if you would like to discuss this further or if help. To help improve the academic performance of these there is anything that I can do to assist you in insuring that my students, the district needs to get all eligible students enrolled Colleagues and I remain abreast of the happenings of the in tutoring programs, and dozens of qualified private education Authority. Many thanks again. service providers must be immediately approved to handle Sincerely, these thousands of students, according to the Foundation for RECEIVED AND FILED Education Reform & Accountability, a nonprofit research organization based in the Capital District. NO. 89 The federal No Child Left Behind(NCLB) Act empowers D. DISAVO low-income students attending certain schools that have failed PEACE BRIDGE IRR- 9 ALTERNATIVE INTERNATIONAL to meet performance goals to qualify for free tutoring and other PEACE BRIDGE services to help improve academic achievement. Nearly 12,000 Attached available for review available in the City Clerk’s Office Buffalo students at 19 low-performing city schools are eligible REFERRED TO THE SPECIAL COMMITTEE ON for such services, but only 650 students reportedly are BI-NATIONAL BRIDGES receiving this assistance. And results of state assessments administered this year could cause thousands of Buffalo public NO. 90 schools to qualify for tutoring next school year. C. FISHER-E. WASHINGTON-RENAME CORNERS OF "Clearly, the Buffalo City School District is not doing its job to FILLMORE AVENUE get eligible students enrolled in needed tutoring programs," Dear Mr. Michaux: said Jason Brooks, Senior Research Associate at the I hereby submit for filing, copies of a letter from Emily Freeman Foundation for Education Reform & Accountability. "These Washington, an Attorney at Law. Mr. Washington is requesting children need - and have the right to -educational services now, assistance in renaming the comers of Filmore and Jefferson not at some time down the road." after Deacon Donald R. Speed. The State Education Department has approved 17 non-district Re: Donald R. Speed tutoring providers among which Buffalo students may choose, Dear Mr. Fisher: yet reportedly 85 percent of students being served receive I would like to take this opportunity to reinforce the request that supplemental educational services only from the district itself. the comer of Fillmore and Jefferson be named for Deacon The district controls the parental notification process and all Donald R. Speed. Wanda Speed originally made this request contracting procedures with the private providers. And the and I support her in this action. Please take a moment to read a district has not even finalized contracts with most of these highlight of Deacon Speed's contributions to the community. providers, even though almost all were approved by the state in run-down conditions and turn possible tenants and investors September 2002 to begin providing services. away from our City. "The district immediately needs to get many more educational 6. In the Resolution it proposes a moratorium on demolition service providers operating in Buffalo," said Andrea Rogers, until a Master Plan will include a responsible parking plan. The Research Associate at the Foundation for Education Reform & Downtown Community has been implementing "Destination Accountability. "Community groups, charter schools, and Downtown Buffalo 2002 Access Plan" which provides the dozens of other private providers need to be authorized quickly planning that the Resolution refers to, is already in -existence. and to be enrolling thousands of eligible students now, over the We strongly urge you to reject this Moratorium Resolution at summer, and into the next school year." Rogers also noted that your meeting on Tuesday, July 22nd any administrative deadlines previously imposed on applicants RECEIVED AND FILED seeking to become education service providers should be lifted until enough capacity has been created to handle all eligible NO. 93 students in Buffalo. S. HALPERN-COMMENTS LIVING WAGE ORDINANCE While Buffalo's non-district service providers have the capacity Dear Mr. McPherson: to enroll up to hundreds of additional students, more providers I am writing this letter to give the Common Council the are needed immediately to generate the capacity to handle the assurances that it needs to proceed to enact an amended 12,000 students currently eligible for tutoring, a total that could Living Wage Ordinance on Tuesday, July 22 d - The Coalition grow by thousands by next fall. The next round of approval for for Economic Justice and Citizen Action appreciate greatly the new providers is likely not to be scheduled until October or hard work and good-faith efforts that members of the Council November of this year, later than the start of this coming school have made to strengthen the Living Wage law and to take other year. steps to settle the lawsuit brought by them against the City, Under No Child Left Behinddistricts are not supposed to Because of the work and commitment of the Council, we , should be able to reach a Stipulation of Discontinuance of the simply enroll children in a district-created program, but rather lawsuit by Judge Lane's deadline of Friday, July 25" or very are to educate parents about the various options offered by all shortly thereafter. approved providers and to encourage them to shop among We have been in touch with the Judge's chambers, and have these tutoring services to find the best fit for their child. In advised him that we believe we are on the eve of settlement. January 2003, however, a survey by the Brighter Choice Public We are now in the process of following his directives to School formally end the lawsuit. If, for some reason, we are unable to Choosing the Right tie up all of the details by Friday, we want to assure you that our Cell Phone Plan clients are determined to execute a settlement as expeditiously Confusion abounds as as possible thereafter. REFERRED TO THE COMMITTEE ON EDUCATION As part of the settlement, the lawsuit will be ended with prejudice and there we will not make any claim for fees, costs NO. 92 or attorneys 'fees to be paid by the City. Once the new law is C STUART HUNT- enacted, the only outstanding matter to be resolved in the DOWNTOWN PRESERVATION, DEMOLITION, litigation is our receipt of the contracts that have been entered PARKING LOTS, ETC. into by the City since July 1, 2000 for the following operations: As a downtown office building owner, I must respectfully 1. City-owned parking ramps and lots; oppose any moratorium on the demolition of buildings. There 2. the City Hall cafeteria; are many good and sufficient reasons why no such moratorium 3. the Hatch Waterfront restaurant. should be enacted. Some of those reasons are as follows: You have indicated that you will make every effort to get those 1 . There are, unfortunately, many older buildings which contracts to us by Thursday, July 24". We appreciate that and, are functionally and economically obsolete to the extent that the in view of your good-faith commitment and assurance to cost of rehabilitation far exceeds any present or future market provide us with those contracts at the Legislative Committee value for either sale or leasing purposes. last Tuesday, and in subsequent conversations, we anticipate 2. To declare a demolition moratorium severely that we should be able to resolve that issue to our mutual financially damages any property owner who is left with the cost satisfaction very shortly. of ownership, including real estate taxes, utilities, insurance, I hope this provides the Council with the comfort, confidence maintenance, etc. with no present or future relief from this and assurance it needs that the Coalition for Economic Justice burden if he or she is arbitrarily denied the right to demolish and Citizen Action are moving expeditiously to end the litigation. their unusable building. Again, we greatly appreciate the cooperation and commitment 3. The Resolution states that "experts have repeatedly we have received from the Council. concurred that there currently exists adequate parking space in Very truly yours, the downtown area". This statement is simply not true. Lack of RECEIVED AND FILED a convenient and adequate supply of off-street parking is still the primary reason for the flight of many good companies to the NO. 94 suburbs where the office building parking ratios are one (1) car RESPONSE POLE CONDITIONS IN THE CITY OF for every 200 square feet and the employer can give his BUFFALO employees free parking. FROM: VERIZON COMMUNICATIONS 4. It is extremely important, if Downtown Buffalo is to MAUREEN RASP-GLOSE be in contention for major office users who demand new DIRECTOR OF COMMUNITY AFFAIRS/WNY construction, that there exists vacant land sites on which to 65 FRANKLIN ST. building new, modem facilities for companies who will not settle BUFFALO, NEW YORK 14202 for older, remodeled buildings, regardless of their historic 716-842-7090 characteristics. Verizon has been conducting business while demonstrating 5. Many of these old buildings, which by this Resolution could outstanding corporate citizenship in the Buffalo Niagara region not be demolished, are unsightly and a disgrace in their for more than 100 years. As the largest local telecommunications company in the nation, with some 1,800 WNY employees, Verizon is strongly committed to existing hole. It is not considered unsafe; the pole is ready to strengthening the communities in which its employees live and have the remaining lines transferred. work. Currently, Verizon has more than $1. 5 billion invested in Pole 12 at Landon St ---- When viewing this site on June 23, telecommunications equipment and outside plant and pays 2003, the remaining short pole had been removed. However, more than $2 million yearly in franchise fees to the City of this again is standard procedure and not a safety issue when Buffalo. In spite of a difficult economy, competitive marketplace lines are in the process of being transferred to a new pole and challenging regulatory policies, more than $50 million will placed by the power be spent to improve and expand its hightech, digital network in company. 2003. Added to that investment is the generosity of its Pole 38-Landon St A double wood situation that at the time this employees and Verizon Foundation, the philanthropic arm of photo was taken was awaiting transfer of telephone lines to the the company that together donated volunteer time and more new pole placed by the power company. This work has been than $1 million in matching funds and grants to local charities completed since then, showing no bend in the cable that was and non-profits in 2002. necessary to allow for cable to be extended. Verizon's ongoing commitment in Western New York to Pole 56--- Landon St.--- This also is a double wood and is not enhancing its network and outside plant, much to the benefit of considered unsafe. The old pole will require a transfer of our customers, our competitors who use our network and your telephone lines to the new pole. constituents, has resulted in the company exceeding stringent 95 Landon St.--- this is a drop wire that had been service standards established by the New York State Public attached to a house, now demolished. Customer at the house Service Commission. or the city should notify Verizon of the dropped wire, otherwise For example, the PSC has an objective of 3.3 trouble reports the company will not know unless a field technician notices the per 100 lines monthly. Our trouble reports averaged 1.5 wire. Once notified, this wire will be removed by Verizon's troubles per 100 lines. The PSC objective of 20 percent for out installation and repair technicians. of service for more than 24 hours, Verizon in WNY averaged Pole 104 Landon ---- The photo shows a double wood/pole 19 percent for an average load (out of service or service which is a standard procedure for the power company when it affected in some manner) of about 10,000 reports monthly in places a pole and transfers its power lines. The old pole has WNY. telephone and cable lines to be transferred to the new pole. Installation of Service in less than 5 days has an objective of This is not considered unsafe. 80% set by the PSC. Verizon in Western New York is Across street from 45 Earl Place in parking lot ----- Power consistently above 90 percent. In addition, the objective of PSC company placed new pole as part of a reconductering project to complaints is 5.5 per 10,000 lines. Locally, Verizon averaged bring more electricity to the new homes in the area. The old one complaint per 10,000 lines on a monthly basis. What these pole has been topped off to allow space for the other lines from measurements demonstrate is cable and telephone to be transferred. This may look Verizon's healthy outside plant and network, and its employees' unattractive, but it is considered safe and standard procedure. speedy response to maintaining an essential service. Pole 51 at Earl Place --- Double wood situation; new pole With that said, it is with disappointment that Verizon respond to placed by power company; not considered unsafe. the Common Council resolution that questions Verizon's Pole 16--- Lorraine and McKinley-this shows a missing splice outside plant and service standards. Verizon construction and case next to an old lead case. This is not a safety or service planning engineers inspected on June 23, 2003 the following issue, although unattractive. list of photographed telephone poles and wiring: Pole 15 Rear on Lorraine--- this shows unattractive, bundled Pole 10 at Earl Place--- this is a typical 'double wood' (two wiring. Not a safety or service issue. poles) situation in which the power company placed its pole 895 Tifft and South Park--- photo shows temporary sheathing and transferred service. This is standard procedure; not a instead of a permanent closure over the cross box. Not a safety safety issue and is awaiting removal of the old pole and transfer or service issue. Cable maintenance technician should have of telephone lines to the new pole. placed a permanent closure. Rear Pole 945/ Jefferson Crossbox The photo shows an Corner of S. Park and Tifft Although not a safety issue, unattractive, disconnected crossbox that should be removed, construction will reattach terminal lashing and inner duct. although service on the pole is not affected. Koester/Comer of South Park crossbox hit by snowplow and Pole 39 at Earl Place-this is a double wood in which the power recently replaced. Splicing technician should have removed company "tops off' the pole to make space for the new, taller following attachment of new crossbox. Old crossbox was then pole. The power company placed many new/taller poles as part removed following inspection. of its reconductering project on Earl St. in which additional Hopkins north of Tifft cut pole is tied off and secured to new power was pole by power company. Telephone lines need to be provided to the new households. Projects such as these transferred. Not considered a safety issue. typically result in two poles to allow the power company to be Pole 116 Landon --- Double pole in which cable TV and the first utility to transfer its service to the new pole-, telephone cable not transferred to new pole set by power cable TV follows where it shares space. Verizon telephone company. This again is standard procedure when the power lines and crossboxes generally are then scheduled for company set new poles in an area and is required to be the first transferral to the new pole. This pole is not considered a safety to transfer its electric lines. issue. Pole 155 Winslow --- a fallen tree next to a vacant lot broke the Pole 15 at Earl Place--- This pole is also not considered a lashing wire. Customer would need to call Verizon to have the safety issue. Cable TV and Verizon telephone lines in this wire relashed. Not considered a safety or service problem. double wood situation will be transferred to the new pole placed 410 Best (actually High St) ------ The cable and crossbox has by the power company. been terminated and tied off Cable technician should have Pole 111 at Earl Place--- This is also a double wood situation in "trimmed out" or removed while working on the pole. Although which the power company placed the pole in the same spot as unattractive, this is not considered a safety or service issue. the original pole, resulting in the old pole to be mounted in a Comer of Catherine and Mackinaw --- Pole was hit. Decision "cut/kick." This means the pole was cut and the bottom was made by power company or telephone company to cut pole removed to make room for the new pole. This is standard and remain bolted on line. Although unsightly, not considered a procedure when the power company places a pole in an service or safety issue. Pole 121 Sidway near Mackinaw --- This area was also part of L. SCOONIERS-TOWNE GARDENS LTD BILLING FOR a reconductered redesign project initiated by the power WATER & SEWER CHARGES 4/6/03 company in which a new pole is placed and electric lines are The President of the Managing General Partner of Towne transferred first. This is a double wood situation in which Gardens has authorized me to respond to your letter to Towne telephone lines and cable TV will be transferred to new pole. Gardens, dated June 26, 2003, and received at Towne Top view 358 Whitfield this is part of the reconductered Gardens on June 26, 2003. The water and sewer service is redesign initiated by the power company for this area if the city. metered. There is no valid rational reason that can be offered The photo shows a double wood situation behind the garage in by American Water Services to explain why "for approximately which the power company placed a new pole, transferred its six quarters" Towne Gardens was billed based upon electriclines and topped off the old pole to create space for "consecutive estimates" or "a technology problem" Cable TV and Verizon to transfer its lines. The photo also associated with the "water metering device size". As a shows a "cut and kick" in which the power company cuts the consequence, Towne Gardens is now obligated to pay current old pole to place the new pole in the existing hole. The two water and sewer charges in the sum of $80,420.63. poles are tied together, which is standard procedure in placing Attached available for review in The City Clerk’s Office and removing poles. Again, this is not considered a safety or Towne Gardens is a federally, subsidized 360 unit, low and service issue. moderate, income family housing development. The rents are Comer of Edgewood and Abbott-this photo shows a temporary fixed by HUD. The billing practices of American Water maintenance closure for a crossbox. Cable maintenance Services and/or the Buffalo Water Board has created a serious technician should have replaced with permanent closure. financial hardship for the development, by tendering an Although unsightly and considered to be sloppy follow up by exorbitant water and sewer bill and "offering a six month technician, it's not considered a safety or service issue. repayment period". Towne Gardens does not have the financial Pole 204 Mackinaw --- Power company needs to be notified of resources to pay unbilled water charges due to the practice of this situation where power line is lowered to accommodate your firm to issue estimated water and sewer bills for a attachment at customer premise. Customer needs to purchase protracted period of time. There was no notice that an a mount for garage to allow the power company to place an adjustment would be made until your June 26, 2003 letter was electric line at a height required (one foot above the telephone received at the development. Towne Gardens, therefore, line). Power line is currently protected but sitting on telephone rejects this claim. line. Towne Gardens also objects to those unjust charges becoming Time constraints prevented Verizon engineers to view the few a lien on the development. Further, Towne Gardens objects to remaining pole sites. having the development being put into the position of having It's important to note that Verizon prioritizes its work, with water services to the development interrupted, due to customer service demands at the top of the list. Repair and nonpayment of this unjust billing, on account of the dispatch is also very important in the maintenance of our misfeasance of American Water Services and/or the Buffalo network. In emergency situations, Verizon will shift its focus Water Board to regularly read the "water metering device", or to from service or repair orders to resolving a service crisis in the correct the "technology problems" that caused event of a major cable cut or central office isolation. Although six consecutive quarterly estimates of water and sewer necessary and important, proactive outside plant maintenance charges. These charges should be forgiven, since the water in which lines and crossboxes are transferred to newly placed and sewer charges utilized in setting the current rent schedule poles, this work is not considered a top priority, but an ongoing cannot be amended to reflect this claim for $80,420.23 ). work in progress. Considering how the rent is determined and authorized at Verizon is confident the information provided today to this Towne Gardens, the equitable doctrine of laches should Honorable Body will satisfy your safety and operate to prevent this liability from being imposed on the concerns regarding development. service of the company's outside plant in the City of Buffalo. Please consider this matter and advise how it can be resolved. We respect your concerns and look forward to working with REFERRED TO THE COMMITTEE ON FINANCE, THE members of the Common Council regarding any further COMMISSIONER OF PUBLIC WORKS AND THE questions or issues you may have with Verizon. CORPORATION COUNSEL REFERRED TO THE COMMITTEE ON LEGISLATION NO. 97 NO. 95 L. SLAYTON-INCIDENTS ON MILLICENT AVENUE K. MINKEL- NFTA-SOLICITATION FOR LEAD AGENCY Attached available for review in The City Clerk’s Office TYPE I AGENCY REFERRED TO THE SPECIAL COMMITTEE ON POLICE NFTA Outer Harbor Green Belt Bike Trail - Phase 2 REORGANIZATION AND THE COMMISSIONER OF Project Location: Fuhrman Boulevard, Buffalo, NY POLICE The Niagara Frontier Transportation Authority (NFTA) has identified this project as a Type I Action for the purposes of NO. 98 SEQRA. The NFTA requests lead agency for this project. E. SMITH-POST CONSTRUCTION CLEANUP-JOINT Any involved or interested agency may submit objection in SCHOOLS PROJECT writing within thirty (30) days of the date of this notification. If I am writing this letter to your company today in regards to the no objections are expressed, the NFTA will assume lead post-construction cleanup project. I am also enclosing a agency for this action and will make the determination of its brochure to inform you of the services that are provided by our significance. company. After reviewing the brochure, if you should have any Written comments may be submitted on or before August 4, further questions, or would like to arrange an appointment for 2003 to. an estimate, please feel free to contact me at the number listed NFTA 181 Ellicott Street Buffalo, NY 14203 below. Attn.- Kimberley Minkel We look forward to hearing from you. RECEIVED AND FILED REFERRED To THE JOINT SCHOOLS CONSTRUCTION BOARD NO. 96 NO. 99 That Communication 20, July 8, 2003 be received A. THOMPSON-JOBLESSNESS ISSUES and filed and the temporary appointment of Albert J. Renzoni I am writing to respectfully request that you file this item with stated above at the maximum salary of $53,458 effective on the Council for discussion at the next meeting July 1, 2003 is hereby approved. If you have any questions, please do not hesitate to contact me PASSED directly at (716) 85 1 -5145. AYES-13. NOES-0. Sincerely, NO. 106 Attached article available in the City Clerk’s Office APPOINTMENT RECEIVED AND FILED ASSESSOR (INTER) (ASSESSMENT/TAXATION) (ITEM NO. 22-C.C.P. JULY 8, 2003) PETITIONS That Communication 22, July 8, 2003 be received NO. 100 and filed and the permanent appointment of David G. Gillig R. IPPOLITO, OWNER, USE 67 NORWOOD FOR A stated above at the intermediate salary of $42,246 effective on RESIDENTIAL BEAUTY July 1, 2003 is hereby approved. PARLOR (HRG 9/9) PASSED REFERRED TO THE COMMITTEE ON AYES-13. NOES-0. LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 107 APPOINTMENT NO. 101 DIRECTOR OF DATA PROCESSING (MAX) (MIS) R. PIERPAOLI, AGENT, USE 1455 FILLMORE-ILLUM. (ITEM NO, 23-C.C.P, JULY 8, 2003) GROUND SIGN W/CHANGEABLE LETTERING That Communication 23, July 8, 2003 be received The attached is for Common Council Approval; but per and filed and the provisional appointment of Rajender Mehta Permits, no public hearing is required. stated above at the maximum salary of $62,9 10 effective on REFERRED TO THE COMMITTEE ON LEGISLATION, June 30, 2003 is hereby approved. DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING PASSED BOARD & CORPORATION COUNSEL. AYES-13. NOES-0. NO. 102 NO. 108 D. MIKA, ALIEN , USE 167 DOAT-GROUND SIGN APPOINTMENT (PHONE #892-9809) SYSTEM SUPPORT ANALYST (INTER) (MIS) The attached is for Common Council Approval; but per (ITEM NO. 24-C.C.P. JULY 8, 2003) Permits, no public hearing is required. That Communication 24, July 8, 2003 be received REFERRED TO THE COMMITTEE ON LEGISLATION, and filed and the provisional appointment of Paul Springer DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING stated above at the intermediate salary of $40,894 effective on BOARD AND CORPORATION COUNSEL June 9, 2003 is hereby approved. PASSED REGULAR COMMITTEES AYES-13. NOES-0. CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 109 APPOINTMENT NO. 103 ACCOUNT CLERK TYPIST (MAX) (PW) APPOINTMENT (ITEM NO. 36-C.C.P. JULY 8, 2003) TYPIST (MAX) (MAYOR) That Communication 36, July 8, 2003 be received (ITEM NO, 3-C.C.P. JULY 8, 2003) and filed and the provisional appointment of Nicole M. Savage That Communication 3, July 8, 2003 be received stated above at the maximum salary of $27,859 effective on and filed and the permanent appointment of Lanette Boulware June 25, 2003 is hereby approved. stated above at the. maximum salary of $27,847 effective on PASSED July 1, 2003 is hereby approved. AYES-13. NOES-0. PASSED AYES-13. NOES-0. NO. 110 APPOINTMENTS NO. 104 REPORT TECHNICIANS (INTER) (POL) APPOINTMENT (ITEM NO. 4 1 -C.C.P. JULY 8. 2003) PRINCIPAL AUDITOR (INTER) (COMPT) That Communication 41, July 8, 2003 be received (ITEM NO. 19-C.C.P, JULY 8, 2003) and filed and the permanent appointments of Katherine E. That Communication 19, July 8, 2003 be received Milks and Desirae Greene stated above at the intermediate and filed and the permanent appointment of Arthur Jakubowski salary of $27,309 effective on June 16, 2003 is hereby stated above at the intermediate salary of $49,327 effective on approved. June 30, 2003 is hereby approved. PASSED PASSED AYES-13. NOES-0. AYES-13. NOES-0. NO. 111 NO. 105 APPOINTMENT APPOINTMENT ASSOCIATE ACCOUNT CLERK (INTER) (A&F) PRINCIPAL ACCOUNTANT (MAX) (COMPT) (ITEM NO. 53-C.C.P. JULY 8, 2003) (ITEM NO. 20-C.C.P- JULY 8, 2003) That Communication 53, July 8, 2003 be received and filed and the permanent appointment of Kathryn Barker stated above at the intermediate salary of $28,896 effective on properties, as attached to the above communication, and return July 1. 2003 is hereby approved. the properties to inventory for resale with the bidders having PASSED forfeited their deposits as listed on the attached list to the AYES-13. NOES-0. above communication. Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and the remaining NO. 112 balance will be deposited in the City's General Fund - Sale of APPT--DIRECTOR OF BENEFITS (MAX) (HR) In-Rem Property. (CCP#55-JULY 8, 03) Passed That the above item be and the same hereby is received and AYES-13. NOES-0. filed. ADOPTED NO. 119 RESULTS OF NEGOTIATIONS - 1608 BAILEY NO. 113 (ITEM NO. 9, C.C.P., JUNE 24, 2003) NOTICES OF APPT. -TEMP. /PROV. /PERM- (C.CLK) That the offer from Mr. William Gorski and Mrs. (CCP#64-JULY 8, 03) Mary Gorski, residing at 169 Diane Drive, Cheektowaga, in the That the above item be and the same hereby is received and sum of One Thousand Dollars (S 1,000.00) for the purchase of filed. 1608 Bailey Avenue, be and is hereby accepted; and ADOPTED That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and FINANCE That the transfer tax, recording fees and cost of (BETTY JEAN GRANT, CHAIRPERSON) legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to NO. 114 prepare the necessary documents for the transfer of title and ABATEMENT OF UNCOLLECTIBLE ACCOUNTS that the Mayor be authorized to execute the same, in RECEIVABLE (COMPT) accordance with the terms of sale upon which the offer was (CCP# 16-JULY 8, 03) submitted. That the above item be and the same hereby is received and Passed. filed. AYES-13. NOES-0. ADOPTED NO. 120 NO. 115 RESULTS OF NEGOTIATIONS - 124 LOEPERE STREET INCREASED APPROPRIATION - RESERVE FOR CAPITAL (ITEM NO. 12, C.C.P., JULY 8, 2003) OUTLAY - VARIOUS DEPARTMENTS That the offer from Mr. Abdulmuqeeth (ITEM NO. 172, C.C.P., JUNE 24, 2003) Muhammadhusain Choudhury, residing at 28 Circuit Street, That the above item be, and the same hereby is Boston Massachusetts, 02119, in the sum of Five Hundred returned to the Common Council without recommendation. Dollars ($500.00) for the purchase of 124 Loepere Street, be Mrs. Grant moved that the above item be recommitted to the and is hereby accepted; and Committee on Finance. That the appraisal requested by the City of Buffalo ADOPTED shall be paid by the purchaser; and That the transfer tax, recording fees and cost of NO. 116 legal description shall be paid by the purchaser; and SELL VACANT LOT (231 TRENTON) TO PRIMERA That the Corporation Counsel be authorized to UNITED METHODIST CHURCH prepare the necessary documents for the transfer of title and (CCP#117-APR. 29,03) that the Mayor be authorized to execute the same, in That the above item be and the same hereby is received and accordance with the terms of sale upon which the offer was filed. submitted. ADOPTED Passed. AYES-13. NOES-0. NO. 117 RESCIND AUCTION SALE AND FORFEIT DEPOSIT - 185 NO. 121 MAPLE RESULTS OF NEGOTIATIONS - 70 FOX STREET (ITEM NO. 9, C.C.P., JULY 8, 2003) (ITEM NO. 13, C.C.P., JULY 8, 2003) That the Executive Director of Strategic Planning be, That the offer from Ms. Altheria Harris, residing at and he hereby is authorized to rescind the sale of 185 Maple to 66 Fox Street, in the sum of Eight Hundred Dollars ($800.00) Ms. Leila Jemison and Regina Evans of 89 Leonard, and return for the purchase of 70 Fox Street, be and is hereby accepted; the property to inventory for resale and the bidder forfeits Two and Hundred Dollars ($200.00). Ten percent (10%) of the deposit That the appraisal requested by the City of Buffalo will remain with the Cash Realty for the buyer's premium and shall be paid by the purchaser; and the remaining balance will be deposited in the City's General That the transfer tax, recording fees and cost of Fund - Sale of In-Rem Property. legal description shall be paid by the purchaser; and Passed That the Corporation Counsel be authorized to AYES-13. NOES-0. prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in NO. 118 accordance with the terms of sale upon which the offer was RESCIND AUCTION SALES AND FORFEIT DEPOSITS - submitted. VARIOUS Passed. (ITEM NO. 10, C.C.P., JULY 8, 2003) AYES-13. NOES-0. That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of various NO. 122 J. GARNER - REQ. 4 THATCHER AVENUE - INSTALL A NO. 125 GATEWAY SIGN & GARDEN ORD. AMENDMENT-CHAPTER 511 -ZONING-511.68.2 S. (ITEM NO. 72, C.C.P., JUNE 24, 2003) PARK SPEC. ZNG. DIST. (HRG. That the Commissioner of Public Works, Parks & 7/22) Streets be, and he hereby is authorized to install a Gateway (CCP#175-07/8/03) Sign & Garden on the public right-of-way at 4 Thatcher That the above item be and the same is returned to the Avenue. Common Council without recommendation. Passed A public hearing has been set, before the Common AYES-13. NOES-0. Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, LEGISLATION a copy of which is attached hereto. (RICHARD A. FONTANA, CHAIRMAN) On a motion by Mrs. LoTempio, seconded by Mrs. Martino, the item is properly before the Common Council, and the hearing is NO. 123 opened. ORD. AMENDMENT-CHAPTER 511 CARRIED. -ZONING-APPLICABILITYTO URBAN RENEWAL PLANS Appearances –Mrs. Martino (HRG. 7/22) Mrs. LoTempio now moved that the hearing be closed. (CCP#/166-07/8/03) Seconded by Mrs. Martino. That the above item be and the same is returned to the CARRIED. Common Council without recommendation. Mr. Fontana Moved: RECOMMENDED BY THE COMMITTEE ON LEGISLATION That after the public hearing before the Committee A public hearing has been set, before the Common on Legislation on July 15, 2003, the Ordinance Amendment as Council, at this regularly scheduled meeting, on the above item, contained in Item No. 175, C.C.P., July 8, 2003, be and the and a Notice of same has been published in the Buffalo News, same hereby is approved. a copy of which is attached hereto. Passed. On a motion by Mrs. LoTempio, seconded by Mr. Thompson, AYES-13. NOES-0. the item is properly before the Common Council, and the hearing is opened. NO. 126 CARRIED. R. DIPASQUALE, PETITION TO USE 153 ELMWOOD - Appearances M. MartinoEXPANSION PATIO – (ITEM NO. 78, C.C.P., JULY 8, 2003) Mrs. LoTempio now moved that the hearing be closed. That the above item be, and the same hereby is, Seconded by Mrs. Martino. returned to the Common Council without recommendation. CARRIED. Mr. Fontana Moved: Mr. Fontana Moved: That after the public hearing before the Committee That after the public hearing before the Committee on Legislation on July 15, 2003, the petition of R. DiPasquale, on Legislation on July 15, 2003, the Ordinance Amendment as owner, for permission to use 153 Elmwood Avenue for an contained in Item No. 166, C.C.P., July 8, 2003, be and the expansion patio be, and hereby is approved. same hereby is approved. Passed. Passed. AYES-13. NOES-0. AYES-13. NOES-0. NO. 127 NO. 124 C. KOHLER, PETITION TO USE 795 ELMWOOD - AWNING ORD. AMENDMENT-CHAPTER 511-ZONING- 511.68.3 SIGN ABBOTT/MCKINLEY SPEC. ZNG. (ITEM NO. 79, C.C.P., JULY 8, 2003) DIST. (HRG. 7/22) That the above item be, and the same hereby is, (CCP#174-07/8/03) returned to the Common Council without recommendation. That the above item be and the same is returned to the Mr. Fontana moved: Common Council without recommendation. That after the public hearing before the Committee A public hearing has been set, before the Common on Legislation on July 15, 2003, the petition of C. Kohler, agent, Council, at this regularly scheduled meeting, on the above item, for permission to use 795 Elmwood Avenue for an awning sign and a Notice of same has been published in the Buffalo News, be, and hereby is approved. a copy of which is attached hereto. Passed. On a motion by Mrs. LoTempio, seconded by Mr. Fisher, the AYES-13. NOES-0. item is properly before the Common Council, and the hearing is opened. NO. 128 CARRIED. DEBRA HOPKINS, PETITION TO REZONE 368 Appearances –M. Martino NORTHAMPTON STREET Mrs. LoTempio now moved that the hearing be closed. (ITEM NO. 80, C.C.P., JULY 8, 2003) Seconded by That the above item be, and the same hereby is Mrs. Martino returned to the Common Council without recommendation. CARRIED. Mr. Fontana Moved: Mr. Fontana Moved: That the Common Council of the City of Buffalo does That after the public hearing before the Committee hereby ordain as follows: on Legislation on July 15, 2003, the Ordinance Amendment as That that part of the Zoning Ordinances of the City contained in Item No. 174, C.C.P., July 8, 2003, be and the of Buffalo, Section 511-126 of Article XXV of Chapter 5 11 as it same hereby is approved. relates to the use map thereof be amended to show a "C2" Passed. Commercial District rather than a "R-2" Residential District for AYES-13. NOES-0. the premises known as 368 Northampton Street, and more NON-ACCESSORY BILLBOARD SIGNS particularly described as follows: (ITEM NO. 85, C.C.P., MAR. 4, 2003) All that tract or parcel of land, situate in the City of That the above item be, and the same hereby is, Buffalo, County of Erie, State of New York, being part of Farm returned to the Common Council without recommendation. Lot No. 24, Township 11, Range 8 of the Holland Land Mr. Fontana moved that the above item be recommitted to the Company's Survey and bounded as follows: By a line Committee on Legislation. commencing in the north line of ADOPTED Northampton Street at a point distant 138 feet east of the intersection of said line with the easterly line of Jefferson NO. 133 Street, and running in an easterly direction 28 feet along said APPT- MEMBERS-BMHA (MAYOR) north line of Northampton Street; thence northerly parallel with (CCP#1-JULY 8,03) Jefferson Street 117 feet, more or less, to a point one-half the Mr. Fontana moved that the above item be recommitted to the distance between Northampton and Kingsley Streets; thence Committee on Legislation. westerly parallel with Northampton Street 28 feet; thence ADOPTED. southerly parallel with Jefferson Street to the place of beginning. This rezoning shall be effective providing the following No. 134 conditions are met: Appt. Member-Bflo Env Mngt Comm (Mayor) That this rezoning shall not be effective unless and (CCP#2-July 8, 03) until a certified copy thereof has been filed by the petitioner in That the above item be and the same hereby is received and the offices of the Erie County Clerk's Office and proof of such filed- filing is ADOPTED submitted to the City Clerk's Office. That this rezoning will not be effective until such No. 135 conditions as set by the City Planning Board are met. Appt.-Director of Street Cleaning & Snow Removal (Max) That this Common Council finds this action to be an (PW) Unlisted Action under the S.E.Q.R. Act and adopts petitioner's (CCP037-July 8, 03) findings such that no further environmental review is required That the above item be and the same hereby is received and under said Act. filed. It is hereby certified, pursuant to Section 3-19 of the ADOPTED Charter that the immediate passage of the foregoing ordinance is necessary. No. 136 Passed Appt. -Director of Street. Sanitation (Max) (PW) AYES-13. NOES-0. (CCP#38-.Iuly 8, 03) That the above item be and the same hereby is received and NO. 129 filed. K. WIDDOWSON, PETITION TO USE 186 NORTH STREET ADOPTED EAST - ILLUM. GROUND SIGN (ITEM NO. 81, C.C.P., JULY 8, 2003) No. 137 That the petition of K. Widdowson, agent, for Living Wage Ordinance, Draft of permission to use 186 North Street East for an illuminated (Item No. 42, C.C.P., July 8, 2003) ground sign be, and hereby is approved. That the above item be, and the same hereby is, returned to the Passed. Common Council without recommendation. AYES-13. NOES-0. Mr. Fontana moved That the above mentioned item be and the same is hereby NO. 130 received and filed. SAMIR KHOURY, PETITION TO REZONE 192-211 ELK & Adopted. 260-270 SMITH STREETS (ITEM NO. 89, C.C.P., JUNE 24, 2003) No. 138 (ITEM NO. 115, C.C.P., JULY 8, 2003) Downtown Preservation That the above item be, and the same hereby is (Item No. 111, C.C.P., Feb. 4, 2003) returned to the Common Council without recommendation. (Item No. 126, C.C.P., June 24, 2003) Mr. Fontana moved that the above item be recommitted to the Mr. Golombek made a motion to adopt said item. Seconded by Committee on Legislation. Mr. Franczyk ADOPTED. LOST AYES - FRANCZYK, GOLOMBEK 2 NO. 131 NOES BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA KENNETH MORIARITY, PETITION TO USE 225-229 GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, LEXINGTON - ADDITION TO EXISTING RESTAURANT THOMPSON – 11 (ITEM NO. 88, C.C.P., JUNE 24, 2003) That the above item be, and the same hereby is, NO. 139 returned to the Common Council without recommendation. Expand Radius of Protection to Historic Bldgs. Mr. Fontana moved that the above item be recommitted to the (Permits/Insp) Committee on Legislation. (CCP#3 8-Nov. 26, 02) ADOPTED. That the above item be and the same hereby is received and filed. NO. 132 ADOPTED DEAN KOBY (SONIC BLINDS), PETITION TO USE 125 CHERRY FOR NO. 140 Strengthen Law to Curb Demo of Historic Buildings (CCPA69-July 8, 03) (Permits/Insp) That the above item be and the same hereby is received and (CCP443-Nov. 26,02) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 149 Outdoor Advertising Structure - 646 Spring Street NO. 141 (Item No. 6 1, C.C.P., Mar. 18, 2003) Create Safeguard Against Gratuitous Demolitions (Pres That the above item be, and the same hereby is returned to the Bd) Common Council without recommendation. (CCP#l -Apr. 29, 03) Mr. Fontana moved that the above item be recommitted to the That the above item be and the same hereby is received and Committee on Legislation filed. ADOPTED. ADOPTED Community Development NO. 142 (Antoine M. Thompson, Chairman) Disch. Taxicab/Liv. CCp4 115-4/15/03 "Notif Serials #9534-96(#17,3/18) (LEG) (PW) No. 150 (CCP# I 69-July 8, 03) Union Ship Canal Redevelopment Area Urban Renewal That the above item be and the same hereby is received and Plan filed. (Item No. 172, C.C.P., July 8, 2003) ADOPTED That the above item be, and the same hereby is laid on the table . NO. 143 LAID ON THE TABLE Taxi Cab & Livery - Repeal/Install Taxi Stands Various Locations NO. 151 (Item No. 170, C.C.P., July 8, 2003) Union Ship Canal Redevelopment Area Urban Renewal That the above item be, and the same hereby is, returned to the Plan (Strat. Plan) Common Council without recommendation. (Item No. 5, C.C.P., July 8, 2003) Mr. Fontana Moved: That the above item be, and the same hereby is returned to the That the Corporation Counsel be, and he hereby is authorized Common Council without recommendation. to prepare an Ordinance Amendment to Chapter 437 as Mr. Thompson Moved: reflected in the attached communication. That the above mentioned item be and the same is hereby laid That the above item be and the same hereby is received and on the table filed. LAID ON TABLE Adopted. No. 152 No. 144 Urban Renewal Plan-Union Ship Redev Rea-Planning Bd B. Grant-M. Brown-Concerns Broken Sidewalk- 13 9 Rpt/Recom (Plan Bd), Roosevelt Ave, (UN) (CCP#4-July 8, 03) (CCP#71-July 8, 03) That the above item be and the same hereby is received and That the above item be and the same hereby is received and filed. filed- ADOPTED ADOPTED No. 153 No. 145 Empire Zone Application Criteria M. Martino-J. Dunbam- Concerns- Sidewalks-Athol St., (Item No. I 10, C.C.P., May 13, 2003) Tamarack St & S, Legion Dr, That the above mentioned item be and the same is hereby (CCP#77-June 24, 03) received and filed. That the above item be and the same hereby is received and Adopted. filed. ADOPTED No. 154 C- Fisher-BMEA-Lakeview Hope VI Phase 11 (BMHA) No. 146 (CCP452-Mar, 18, 03) Water Pressure-Kensington/Clarence Area (Fire) (UN) That the above item be and the same hereby is received and (CCP#53-June 24, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 155 A. Thompson-EEO Report No. 147 (CCP#74-Mar. 4, 03) Niagara Mohawk Utility Poles (Permits/Insp.) (SO) That the above item be and the same hereby is received and (CCP#45-July 8, 03) filed, That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 156 Results Neg – Abandonment/Sale of S. Pierce-Paper No. 148 Street (Strat Pl) C. Fisher-S. Ali-Concerns Variance-445 Norwood (CCP#8-Apr. 1, 03) That the above item be and the same hereby is received and filed. No. 164 ADOPTED Add. Areas for light Industrial Office Park Development (BERC) No. 157 (CCP#69-Mar, 19, 03) 2 Templeton Terrace, Transfer of Land That the above item be and the same hereby is received and (Item No. 16 1, C.C.P., July 8, 2003) filed. ADOPTED That the above item be, and the same hereby is, returned to the Common Council without recommendation. No. 165 Mr. Thompson Moved: Transfer of Title, Urban Homestead - 342 Sherman Street That the Common Council authorizes the Buffalo Urban (Item No. 15, C.C.P., July 8, 2003) Renewal Agency to enter into the Settlement and Lease That the city-owned property commonly known as 342 Agreement and to take all steps necessary to effectuate the Sherman Street, is hereby designated as Homestead Property, settlement upon said terms embodied in the Agreements and and that the Mayor be, and he hereby is authorized to execute a pursuant to the terms included in the above communication. deed transferring said property to Mr. Moses Kirkland and Mrs. ( see attached ) Vernell Kirkland, residing at 344 Sherman Street, in the amount Passed. of $1.00 (One Dollar), and all costs of transfer, on the condition AYES - 13 - NOES - 0 the property is cleared and improved within six (6) months and That the proposed Development of the Speciality Restaurant maintained in a sanitary manner. not receive any Public from the City of Buffalo. Passed. AYES - 13 - NOES - 0 No. 158 Bflo River Prop Transfers (Env Mgmt Comm-Strat Plan) No. 166 (CCP#25-Apr, 1, 03) T. Van NortvAck-NYS Division Hsg & Comm Ren. Private That the above item be and the same hereby is received and Marine Dr Apts filed. (CCP491 -Jan. 22, 03) ADOPTED That the above item be and the same hereby is received and filed. No. 159 ADOPTED L. Schneekloth, etc., FBN-R, Sale of Buffalo River Public Access Land Special Committees (CCP#86-Apr, 1, 03) MINORITY BUSINESS ENTERPRISE COMMITTEE That the above item be and the same hereby is received and (Charley H. Fisher III, Chairman) filed. ADOPTED no. 167 Fairness-Afr/Am Wkrs-Pub Wks/Sts & Resp-Var No. 160 Quest-Truck Drivers (Cit Rights) Special Meetings on Inner Harbor (CCP#60-Apr. 3, 03) (Item No. 30, C.C.P., Dec. 26, 2002) That the above item be and the same hereby is received and That the above item be, and the same hereby is, returned to the filed- Common Council without recommendation. ADOPTED Mr. Thompson Moved: That the above mentioned item be and the same is hereby No. 168 received and filed. C. Fisher-Ciminelli Const- Staffing Needs-Bflo Sch Const Adopted. Project (CCP#79-July 23, 03) No. 161 That the above item be and the same hereby is received and R. Fontana-P. Gauthier-Brinkman Blk Club-Req, Perm filed. Playground Equip/Ins ADOPTED (CCP451-Apr. 15, 03) That the above item be and the same hereby is received and No. 169 filed. C. Fisher-M. Risman/D. Hayes-Outcomes-Mich Law Sch ADOPTED Afirm Action Cases (CCP#57-Mar. 4, 03) No. 162 That the above item be and the same hereby is received and Bids Tabulations-Saunders Ctr, Exp (#24, 10/15) (PW) filed. (CCP# I 46-Nov. 26, 02) ADOPTED That the above item be and the same hereby is referred to the Committee on Finance. No. 170 ADOPTED C_ Fisher-Lakeview Phase II MBE/WBE Status Rpt, (CCP#64-Mar. 18, 03) No. 163 That the above item be and the same hereby is received and B. Davis-B. Bergen-UB Center for Urban Studies-306 filed. Carlton St ADOPTED (CCP#49-Nov. 12, 02) RESOLUTIONS That the above item be and the same hereby is received and BY: MR. BONIFACIO filed- CITY OF BUFFALO ADOPTED LOCAL LAW NO. _ (2003) INTRODUCTORY NO.11 (2003) Whereas: Mr. Frandina spent 30 years working for both the A LOCAL LAW amending the Charter of the City of City of Buffalo Department of Public Works and the Erie Buffalo in relation to the qualifications for Chiefs of County Department of Public Works, and his most recent Police. position before entering the private sector was Erie County BE IT ENACTED BY THE COMMON COUNCIL OF THE Commissioner of Public Works; and CITY OF BUFFALO AS FOLLOWS: Whereas: Mr. Frandina's experience can be helpful in dealing Section 1. That Section Thirteen-Eight of the Charter of the with the diverse interests encountered by the Planning Council, City of Buffalo, adopted pursuant to law, is hereby amended as and he would serve as a great asset to the Citizens Planning follows: Council. § 13-8. Qualifications. Now, Therefore, Be It Resolved: The chiefs of police shall be appointed from ranks not lower That this Common Council appoints Philip Frandina to the than [captain or inspector lieutenant. Citizens Planning Council. Section 2. Insofar as the provisions of this local law are Marc A. Coppola inconsistent with the provisions of any other local law or act, the REFERRED TO THE COMMITTEE ON LEGISLATION, THE provisions of this local law shall be controlling. DIVISION OF COLLECTIONS AND THE CORPORATION Section 3. This local law shall take effect immediately. COUNSEL APPROVED AS TO FORM Corporation Counsel NO. 174 NOTE: Matter in bracket to be BY: MR. DAVIS deleted; matter underlined is new. ORDINANCE AMENDMENT LAID ON THE TABLE CHAPTER 437 - TAXICABS AND LIVERIES The Common Council of the City of Buffalo does hereby ordain NO. 172 as follows: BY: MR. COPPOLA That Section 437-19 of Chapter 437 of the Code of the City of SALARY ORDINANCE AMENDMENT Buffalo Be amended to read as follows: 20 - DEPARTMENT OF POLICE § 437-19. Taxi stands. 1121 - ADMINISTRATION & COMMUNICATION A. The following are hereby designated as The Common Council of the City Of Buffalo does ordain as places where taxicabs may stand while awaiting employment: follows: Name Side Location and Number That part of Section I of Chapter 35 of the Code of the City of of Street Restrictions of Cabs Buffalo, relating to 20 -Department of Police, 1121 [Clinton Street][South][East of Washington Street] [31 -Administration & Communication which currently reads: [Clinton Street][South][Between Main Street and (8) I Assistant Police Dispatcher $61,787 Washington Street] 17 Public Safety Dispatcher $ 28,164 - $ 31,989 [Lafayette Square][South][East of Main Street] [3] Is hereby amended to read: Clinton StreetSouth Between a point 80' cast of WashingtoN 18 Public Safety Dispatcher $ 28,164 - $ 31,989 Street and a point 120' cast therefrom IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the It is hereby certified, pursuant to Section 3-19 of the Charter, Charter, that the immediate passage of the foregoing ordinance that the immediate passage of the foregoing ordinance is is necessary. necessary. ROCCO J. DIINA, COMMISSIONER OF POLICE AND APPROVED AS TO FORM MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby Corporation Counsel certify that the above change is necessary for the proper NOTE: Matter underlined is new; matter in brackets to be conduct, administration and performance of essential services deleted. of that department. We recommend that the compensation for PASSED said position be fixed at the respective amount set forth in the AYES - 13 NOES - 0 foregoing ordinance. That a personnel requisition incident to the creation of the NO. 175 above-mentioned position, containing a statement of the duties BY: BRIAN C. DAVIS for such position, has been filed with the Municipal Civil PERMISSION TO HANG A BANNER Service Commission, and said Commission has approved and Whereas: The Johnson Park Association Block Club is certified the position title set Forth in the foregoing ordinance as holding their first "Arts in the Park - Back to our Roots" being the appropriate Civil Service title for the proposed fundraiser event for education programs and park restoration; position. and APPROVED AS TO FORM Whereas: To celebrate the event, they would like permission to Corporation Counsel temporarily hang a banner across South Elmwood Avenue at 07/14/2003 Attachment the North Johnson park comer PASSED and AYES - 13 NOES - 0 Whereas: The Johnson Park Association Block Club has obtained the $1 Million liability waiver. NO. 173 Now, Therefore, Be It Resolved: BY: MR. COPPOLA That the Common Council of the City of Buffalo grants APPOINTMENT TO CITIZENS PLANNING COUNCIL permission to the Johnson Park Association to hang a banner Whereas: Philip Frandina has expressed interest in advertising the event; and volunteering his time to the Citizen's Planning Council; and Be It Further Resolved: Whereas: The appointment of Philip Frandina, to the Citizen's That said banner will hang from August 17 - 31, 2003; and Planning Council would be beneficial to the City of Buffalo; and Be It Finally Resolved: Whereas: Mr. Frandina is a lifelong resident of the City of That said banners meet all the requirements of pertinent City Buffalo and is currently in private practice as a consulting departments and that no existing laws are violated. In addition engineer; and that certified copies be sent to the applicant with the phone number of Joseph N. Giambra, Commissioner of Public Foundation, with the suggestion that the Control Board Works, Parks and Streets. Members contact the Office of Telecommunications to pursue PASSED transmission of their meetings. AYES - 13 NOES - 0 ADOPTED NO. 176 NO. 178 BY: MR. DAVIS, MR. BONIFACIO BY: MR. FONTANA PERMISSION TO HANG BANNERS REQUEST H.U.D. TO DEMOLISH 306 CABLE STREET Whereas: The Puerto Rican Day Parade of Western New Whereas: 306 Cable Street is currently owned by H.U.D. and York Association will be holding the first of a kind Puerto Rican is in total disrepair; and Parade in WNY; and Whereas: A recent inspection of the property revealed unsafe Whereas: To celebrate the event, they would like permission to living conditions; and temporarily hang two banners across Niagara Street; and Whereas: The foundation of said property has deteriorated to a Whereas One of the banners would be in the comer of point that the interior walls are now bowed outward; and Niagara and Maryland Street; and Whereas: Neighbors around 306 Cable Street are concerned Whereas: The other banner would be in the comer of Niagara about the property and the risks associated with it; and Porter Avenue. Now, Therefore, Be It Resolved: Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby That The Puerto Rican Day Parade of Western New York request that H.U.D. take immediate action and demolish the Association be granted permission to hang two street banners residential house at 306 Cable Street without delay; and in the comer of Niagara and Maryland Street and in the comer Now, Therefore, Be It Further Resolved: Niagara and Porter Avenue; and That this Honorable Body does hereby direct the City Clerk to Be It Further Resolved: send certified copies of this resolution to the local office of That said banners will hang from July 28 through September 8, H.U.D. with a request that H.U.D. respond with their demolition 2003; and schedule for this property to the Common Council, 1308 City Be It Finally Resolved: Hall, Buffalo, NY 14202, no later than 2:00pm, on Thursday, That the banner meets all the requirements of pertinent City August 28,2003. departments and that no existing laws are violated. In addition, ADOPTED that certified copy is sent to the applicant with the phone number of Joseph N. Giambra, Commissioner of Public NO. 179 Works, Parks and Recreation BY: MR. FONTANA, MR. THOMPSON AND MR. DAVIS, MS PASSED GRANT AYES - 13 NOES - 0 ORDINANCE AMENDMENT CHAPTER 96 - BONDS AND CONTRACTS NO. 177 The Common Council of the City of Buffalo does hereby BY: MR. DAVIS ordain as follows: PUBLIC ACCESS FOR CONTROL BOARD MEETINGS That Section 96-19 of Chapter 96 of the Code of the City of Whereas: It is widely known that due to the fiscal crisis facing Buffalo be repealed in its entirety and amended to read as the City of Buffalo, a Control Board is overseeing financial follows: decisions in Buffalo; and § 96-19. Living wage. Whereas: The Control Board is comprised of a nine member A. Legislative determination of intent. panel with representatives from New York State, Erie County (1) The city awards many contracts to private and the City of Buffalo branches of government, as well as firms to provide services to the public and to city government. representatives from the private sector; and Experience indicates that procurement by contract of services Whereas: The Control Board has stated that their meetings has all too often resulted in the payment by service contractors are, and will continue to be, available for public attendance; and to their employees of wages at or slightly above the minimum Whereas: The projected attendance for the first meeting of the required by federal and state minimum wage laws. Such Control Board was greatly under-anticipated, thus requiring last minimal compensation tends to inhibit the quantity and quality minute additional seating, and proving how interested residents of services rendered by such employees to the city and to the of the City of Buffalo are in being informed as to the content of public. Underpaying employees in this way fosters high these meetings; and turnover, absenteeism and lackluster performance. Conversely, Whereas: Most meetings for the Control Board will be held adequate compensation promotes amelioration of these during daytime hors, typical working hours, which is a great undesirable conditions. Through this section, the city intends to inconvenience for residents and interested persons wishing to require service contractors to provide a minimum level of attend the meetings; and compensation that will improve the level of services rendered to Whereas: The City of Buffalo Office of Telecommunications and for the city. has the equipment and capability to transmit meetings o n (2) The inadequate compensation typically Public Access paid today also fails to provide service employees with Television, Adelphia Channel 22, and therefore the cost to resources sufficient to afford life in the City of Buffalo. It is transmit Control Board Meetings would be minimal compared unacceptable that contracting decisions involving the to the public access it would allow; expenditure of city funds could foster conditions placing a Now, Therefore, Be It Resolved: burden on limited social services. That the Common Council of the City of Buffalo does hereby go (3) The City of Buffalo has a limited amount on record supporting the television transmission of all Control of taxpayer resources to expend; and even in promising Board Meeting; and economic times, far too many working Buffalo residents and Now, Be It Further Resolved: their families live below or near the poverty line. That this Honorable Body does hereby request that the City (4) Due to strict new time limits on public Clerk send a certified copy of this resolution to the Chairperson assistance, access to family- supporting jobs in Buffalo is of the Control Board, Mr. Thomas Baker, of the Oshel especially crucial, and as a result of new work requirements imposed by welfare reform, the influx of former welfare however, that persons who are employed in construction work recipients into low-wage labor market is projected to lower covered these workers' wages. provided pursuant to federal or state prevailing wage laws shall (5) The use of taxpayer dollars to promote be exempt from this section. This definition shall include any sustenance and create family- supporting jobs will increase employee who is employed (including fulfilling a work consumer income while decreasing levels of poverty. In the City requirement under the Family Assistance or Safety Net of Buffalo, new homeowners contribute additional property tax Program ) as a service employee of a contractor or revenue while spending more money in our city economy at subcontractor on or under the authority of one or more service neighborhood businesses. Additionally, desperate contracts and who expends any of his or her time thereon, neighborhoods overly dependent on low-wage jobs are blessed including but not limited to food-service employees, janitorial with a decrease in crime, given the compelling relationship employees, security guards, parking attendants, landscaping between crime statistics and low-wage work. And, for Buffalo employees, clerical employees and waste management students facing tougher educational standards, ending the employees. poverty cycle is imperative; presently many of Buffalo's school COVERED EMPLOYER -- The City of Buffalo or any children are so poor that they qualify for free school lunches contractor or subcontractor directly involved in providing a and/or breakfasts. No child can learn while hungry, and hunger covered service to the City of Buffalo. is the first result of debilitating poverty. NOT-FOR-PROFIT ORGANIZATION -- A corporation having tax exempt status under Section 501(c)(3) of the United States (6) In addition, on a region-wide basis, Internal Revenue Code and recognized under the New York living-wage legislation may benefit the larger State Not-For-Profit Corporation Law. community by reducing reliance on taxpayer-funded PERSON -- One or more of the following or their agents, public assistance such as food employees, representatives and legal representatives: stamps, Medicaid, individuals, corporations, partnership, joint ventures, emergency medical services and other social programs associations, labor organizations, educational institutions, provided by the Erie County government. mutual companies, joint-stock companies, trusts, (7) Community organizations, religious unincorporated organizations, trustees in bankruptcy, receivers, leaders, union members and other Buffalo residents have fiduciaries and all other entities recognized at law by this city. organized together and proposed the policy reflected in this SUBCONTRACTOR -- Any person, other than an employee, section. that enters into a contract with a contractor to assist the (8) Since the City is presently facing a grave financial primary contractor in performing a service contract. crisis, in order to relieve the City of any financial burdens in D. Living wage. connection with the Living Wage Ordinance, this law creates a (1) Applicability. Covered employers shall pay volunteer Commission to assist in the administration of the no less than a living wage to their covered employees. Ordinance. (2) Amount of wage. The living wage shall be B. Title and purpose: Buffalo Living Wage calculated on an hourly basis. With health benefits, the living Ordinance. wage rate shall be $8.08 (2003); $9.03 (2004). Without health (1) This section shall be known as the benefits, the living wage rate shall be $9.08 (2003); $10.15 "Buffalo Living Wage Ordinance." (2004). (2) The purpose of this section is to assure (3) Re-evaluation period. This section shall be revisited that employees of substantial city contractors and no later than December 3 1, 2003 to re-evaluate the living wage subcontractors provided by the City earn an hourly wage that is legislation. The amount of the living wage may be adjusted at sufficient for a family of three to live at or above the federal that time to reflect existing economic conditions. poverty level. (4) No reduction in collective bargaining wage C. Definitions. The following definitions shall rates. Nothing in this section shall be read to require or apply throughout this section: authorize any covered employer to reduce wages set by a CITY: The City of Buffalo and any division, subdivision, office, collective bargaining agreement or required under any department, board, commission, bureau, including but not prevailing wage. limited to the Board of Parking, the Zoning Board of Appeals, (5) Notifying employees of their potential right the City Planning Board, the Committee for Youth, the Office of to federal earned income credit. Employers shall inform Disabled Persons Advocacy, the Commission on Citizens employees making less than $12 per hour of their possible right Rights and Community Relations, the Citizens Planning to the Federal Earned Income Credit (EIC) under Section 32 of Council, the Board of Dunn Tire Park and the Board of Johnnie the Internal Revenue B. Wylie Stadium, whose expenses are paid in whole or part by Code of 1954, 26 U.S.C. 32, and shall make available to the City. employees forms informing them about the EIC and forms COMMISSION ON A LIVING WAGE - The body created by required to secure advance EIC payments from the employer. this Ordinance charged with overseeing and evaluating the E. Employer responsibility, compliance and Ordinance and holding hearings to investigate noncompliance sanctions. with its provisions. (1) Notice of application for contract. CONTRACT: Any written agreement for the purchase of Simultaneous with the submission of the bid for the proposed services in excess of $50,000 a year, where the Contractor contract, the department authorized to enter into the contract providing the service employs more than ten people and where shall obtain an Application for Contract from the prospective the city is obligated to expend funds or is entitled to receive employer and shall forward a copy to the Commission on a funds from a contractor in connection with a contract or Living Wage. An employer's failure to file an Application for subcontract for services. This definition excludes professional Contract may bar the City or any of its individual departments contracts such as legal, architectural or engineering services. from considering a bid for contract. Any contract entered into CONTRACTOR -- Any person that enters into a service by the City without receipt of an Application may be voided contract with the city. if not filed with the department within 60 days. The application COVERED EMPLOYEE and/or EMPLOYEE - An employee must contain the following: either part-time or fulltime, by a covered employer in, on or for the project or matter subject to the contract; (a) The name, address and phone number of (1) Private right of action. An employee both the prospective covered employer and the specific project claiming violation of this section shall have the right to file an for which the contract is sought. action against an employer in the appropriate court, within two (b) A description of the project or service for years after discovery of the alleged violation. The court may which the contract is sought. award any employee who files suit (c) A statement of project number of pursuant to this provision, as to the relevant period of time, the employees, by classification, under the prospective contract. following: (d) A statement of the projected wage levels (a) For failure to pay the living wage required of all covered employees in each of the years for which the by this section: the difference between the living wage required contract is sought. herein and the amount actually paid to the employee. (e) A written commitment to pay all covered (b) For retaliation for exercise of any rights employees a living wage as defined by this section. provided for under this section: reinstatement, back pay, and/or (2) Quarterly reports from covered employers. any other relief that a court may deem appropriate. Covered employers shall provide publicly available quarterly (c) The court may award reasonable reports to the Commission on a Living Wage regarding their attorney's fees and costs to an employee who prevails in any employment activities, including the name, address, such private action and such other remedies as the court may classification, period of employment and wage rate of covered determine to be just. employees hired and laid off (2) Each service contract to which these during the quarter. regulations apply shall provide that violation of this section (3) Compliance, enforcement and sanctions. shall enable any aggrieved employee to file an action against (a) Posting. Every employer shall post and keep in conspicuous the contractor for damage. In addition, such service contract places in its premises, where notices to employees and shall also indicate that the City has the discretion to terminate applicants for employment are customarily posted, two copies the service contract and pursue any other legal remedies of this section or other materials designed by regulation, available to the City if the contractor falls to comply with this informing employees of their rights under this section. section. Notwithstanding, the failure of a service contract to (e) Grievance procedure. An employee who believes that his or provide the foregoing information, that failure shall not alleviate her employer is not complying with the requirements of this the responsibility of a contractor to comply with the section has the night to file a grievance with the Commission requirements of this section. on a Living Wage. Such grievances may be made at any time (3) Retaliation prohibited. A covered employer and shall be investigated as soon as possible by the shall not discharge, reduce the compensation of or otherwise Commission on a Living Wage. Written and oral statements discriminate against any employee for making a complaint, made by an employee shall be treated as confidential and shall otherwise asserting his or her rights under this section, or not be disclosed to the covered employer without the consent of participating in any of its proceedings. the employee. (4) City enforcement. The City may, in its sole (c) Sanctions for Failure to Pay a Living Wage discretion, investigate and address any alleged violation of this [1] Where appropriate, following the receipt section's requirements. However, the City's failure to of a grievance, the Commission shall have the authority to investigate an alleged violation or otherwise enforce any of the conduct a hearing to determine the validity of the grievance or provisions of this section shall not create any right to recover complaint. After such a hearing, by majority vote of the damages from the City by any person, including but not limited Commission, the Commission may recommend that sanctions to an aggrieved employee. be imposed by the City Department Head responsible for the G. The Commission on a Living Wage: service contract in question. The recommended sanctions may Composition and Powers. The City hereby establishes a Living include one or more of the following: Wage Commission to evaluate the efficacy and enforcement of [a] Withholding payment of any amount due. the Ordinance. [b] Wage restitution for each affected 1. Powers. The Living Wage Commission shall have the employee. following powers: [c] Suspension or termination of ongoing a. to evaluate the enforcement of the Living Wage contracts. Ordinance, issue an annual public report and such other [d] Ineligibility for further city contracts for up reports as it shall deem necessary, and make legislative to three years or until all penalties and restitution have been recommendations regarding needed changes in the Ordinance; paid in full. b. to help notify City Department Heads responsible for entering (d) Sanctions for Retaliation. A covered into contracts of their obligations under the law and to assist in employer shall not discharge, reduce the compensation of or their understanding of the law; otherwise discriminate against any employee for making a c. to hold monthly meetings; grievance, otherwise asserting his or her rights under this d. to hold public and private hearings and take testimony under section, or participating in any of its proceedings. The oath Commission shall investigate allegations of retaliation and if e. to receive, investigate, and hold hearings in connection with such allegations shall be found to be true, after notice and complaints by employees of non-compliance with the hearing, shall recommend to the City Department Head Ordinance and retaliation by employers against employees responsible for the contract in question appropriate relief, asserting their rights under the Ordinance; including but not limited to: (1) reinstatement of a discharged or f. to issue and make public written findings in connection with demoted employee; (2) back pay to the date of the violation; or investigations of complaints or other allegations of (3) the sanctions in sections (d) [1] [a], [c], or [d] above. non-compliance; (e) The Commission shall make a recommendation to g. to recommend sanctions in connection with findings of the City department head who has a contract with the Covered non-compliance after a notice and hearing to employers; Employer. Within 30 days of the Commission's h. to receive charitable contributions and grants to recommendation, the Department Head will be obliged to facilitate its work; choose one or more of the listed above. i. to retain private counsel to assist the Commission in F. Enforcement. its work, provided that such counsel must agree, to work free of any charge for legal services or costs unless regulatory or constitutional provision or provisions, and attorney's fees are awarded by Court; Common Council approves the exemption on that basis. j. to have access to and the right to duplicate the (b) Youth employment exemption. An contracts governed by this Ordinance; exemption to this section may be granted where a covered k. to select a chairperson, by majority vote of the employer is an organization who regularly employs individuals Commission; and under the age of 21 in a summer youth program, 1. to adopt rules for the operation of meetings and to school-to-work program, or other related seasonal part-time carry out the powers enumerated above. work. The exemption shall only apply to these employees. The 2. The Right to Receive a Listing of Contracts and to Duplicate City of Buffalo shall be considered such an organization. Designated Contracts at the Commission's Expense: a. Upon (c) Not-for-profit organizations. An exemption written request to the Comptroller, the Comptroller shall to this section may be granted to not-for-profit organizations, forward-a listing of the contract that the City entered into for a which perform services for the city or its departments. stated period of time. That listing shall contain the name and (2) Contents. All general exemption requests address of the contractor, the amount of the contract, and a shall include the following: description of the services being provided. (a) The nature of the contract to which this section b. After reviewing the list provided by the Comptroller, members applies; and the specific or official name of the contract, the of the Commission or their designated representative are statutory or regulatory authority for the granting of the contract, authorized to view any contract they believe may be governed and a copy of that authority. by this Ordinance in the Office of the Comptroller. (b) The conflicting statutory, regulatory or c. The Commissioners or their designated representative are provisions that make constitutional provision or authorized to duplicate any contract they may wish to copy, at complaints with the section unlawful, and a copy of the Commission's expense, at a cost charged by the City not to each provision; and exceed 10 cents a page. (c) A factual explication and legal analysis of 3. Composition and Selection of Commissioners. The how compliance with this section would Commission shall be composed of nine members, each violate the cited provision or provisions, and the legal serving a three-year term. Commissioners shall serve without consequences that would attach if this violation were to occur. compensation. They shall be selected, by written notice to the (3) Common Council review and approval of Common Council, on the following basis: exemption requests. 1 . a representative selected by the Mayor; The Common Council shall consider exemption requests, along 2. a representative selected by the Common Council; with their supporting documentation and analysis, and may hold 3. a representative from the Cornell School of Industrial a public hearing to consider the views of the public, before Labor Relations; approving the exemption. The Common Council may approve 4. a representative selected by the Coalition of Black or deny all or part of a request. Trade Unionists; 1. Severability. In the event any court of competent 5. two representatives selected by the Network of jurisdiction shall hold any provision of this section invalid or Religious Communities; unenforceable, such holding shall not invalidate or render 6. a representative selected by the Buffalo Niagara unenforceable any other provisions hereof. Partnership; J. Effective date. This section shall be effective 7. a representative selected by the Western New York immediately upon enactment. Area Labor Federation; It is hereby certified, pursuant to Section 3-19 of the Charter, 8. a representative selected by the Western New York that the immediate passage of the foregoing ordinance is Welfare Monitoring Task Force. necessary. 4. Procedures Governing the Selection of Commissioners. APPROVED AS TO FORM a. Each organization designated above shall have three Corporation Counsel months from the effective date of the Ordinance to notify the PASSED Common Council in writing of its designated representative. AYES - 13 NOES - 0 Representatives shall be authorized to take their seat on the Commission at the first monthly meeting following their NO. 180 designation by each organization. BY: MR. FRANCZYK b. If any organization listed above ceases to exist following the ORDINANCE AMENDMENT passage of this ordinance, the chairperson of the Commission CHAPTER 103 - BUILDING CONSTRUCTION & shall designate a community organization with a comparable DEMOLITION; FIRE PREVENTION organizational mission to select a representative to serve on the The Common Council of the City of Buffalo does hereby Commission. ordain as follows: c. The failure of a designated organization to name a That Section 103-6 of Chapter 103 of the Code of the City of representative shall not affect the authority of the Commission Buffalo be amended to read to perform its functions § 103-6. Issuance of pen-nit. d. Consideration with regard to diversity of both race and H. Applications for demolition, partial gender ought to be given in the selection of Commissioners. demolitions that may affect the exterior of the property and e. A majority of the Commission should be residents of asbestos abatement shall be subject to Office of Strategic the City of Buffalo. Planning and Preservation Board review. H. Exemptions. The review will require additional documentation and (1) Grounds for granting exemptions. The information to be supplied by the applicant. Mayor may request that the Common Council grant a partial or I To facilitate public awareness, a sign shall be hung whole exemption to the requirements of this section. in a conspicuous location clearly visible from the street. In the (a) General exemption. Exemptions may be event that the building is located on a comer or has two granted where application of this section to a particular contract frontages, two signs shall be placed in clearly visible locations is found by the city to violate specific state or federal statutory, on each side of the building facing the street. The signs shall identify the building as being the subject of a pending period provided by § 337-19 herein. In cases demolition. The signs shall identify the Office of Strategic where these determinations are not made, no automatic night Planning - Preservation Board, its address and telephone of demolition shall exist. number as a source of additional information. The signs should B. During any such period, the Board may also contain the name and telephone number of an authorized take such steps as it deems necessary to avoid demolition of representative of the applicant who can provide basic the structure or improvement, including but not limited to information about the proposed demolition. The signs are to be preparation, publication in place for a period of ten (10) business days. and receipt of requests for proposals; solicitation of prospective a) The signs will be provided by the Commissioner of Permit developers; consultation with civic groups, public agencies and and Inspection Services in a size and format to be determined interested citizens; and recommendations for acquisition of the by the Commissioner. property by others. 2. The Applicant should provide two (2) photographs of C. In the event that the Board refuses to approve demolition each building located on the parcel with the structure to be during or after this period of delay, occasioned by the Board's demolished indicating the buildings to be demolished and the findings of hardship and architectural importance set forth in assessed address of any additional building. Subsection A, the applicant may appeal the Board's action to The applicant should provide two (2) photographs of buildings the Common Council. The on each adjacent parcel and indicate their assessed Common Council shall issue the appropriate certificate for addresses. demolition either at the end of the delay period or within sixty 4. The applicant should complete and submit Part I of (60) days of the filing of the appeal, whichever is later. the short environmental assessment form. As part of the review D. In the event that the Board refuses to approve demolition but by the Office of Strategic Planning, a proposed demolition does not find hardship and architectural importance, any application may require the submission of a full environmental appeal to the Common Council shall be in accordance solely assessment form. with § 337-26 herein. 5. The Office of Strategic Planning / Preservation E. During any such period, the owner shall prevent further Board shall consider every application for demolition and or deterioration of the structure or improvement, and the owner asbestos removal within thirty (30) days. This applies only for shall act in good faith and shall allow the Board reasonable those properties not under the jurisdiction of the Buffalo access to the structure and improvement, and permit Preservation Board. A longer period may apply for applications reasonable inspection of the information about the structure or within the jurisdiction of the Buffalo Preservation Board or if the improvement, if requested by the Board. time is extended by court order. F. The Preservation Board will conduct public hearings 6. The review process may be waived by the Commissioner of for all proper-ties in local designated or nationally registered Permit and Inspection Services in the event the application is historic districts, local landmarks, properties listed in the for home remodeling and or reconstruction as long as the National Register for Historic Places and national historic exterior of the property is unaffected. landmarks. 7. Except for designated landmarks or buildings within 1 . Notice and hearing. The Preservation Board shall preservation districts, single storages which are designed for publish a notice in a newspaper of general circulation in the up to three cars and which are designed expressly for use as City of Buffalo setting forth the name of the applicant, the automobile storage shall be exempt from the review process. location and owner of the property, and the time and place of a It is hereby certified, pursuant to Section 3-19 of the Charter, public hearing to be held by the Preservation Board on no that the immediate passage of the foregoing ordinance is sooner than five (5) business days after the day of publication. necessary. Upon an application for a demolition permit, the Preservation APPROVED AS TO FORM Board shall also serve ten (10) days' notice of the time, Corporation Counsel place and object of such hearing upon all owners and NOTE: Matter underlined is new. occupants of properties having a frontage on both sides of the PASSED public highway or highways within three hundred (300) feet in AYES - 13 NOES - 0 both directions along such highway or highways from the nearest side line, or nearest side line extended, of the premises NO. 181 to be demolished and also upon the owners and occupants of B Y: MR. FRANCZYK all properties located within fifty (50) feet of the rear or side line ORDINANCE AMENDMENT of any premises to be demolished. Such notice shall .also CHAPTER 337 - PRESERVATION STANDARDS indicate that the demolition permit application is available for The Common Council of the City of Buffalo does hereby public ordain as follows: inspection at the Preservation Board's office prior to such That Section 337-24 of Chapter 337 of the Code of the City of hearing. The Buffalo be amended to read as follows: Preservation Board shall make available for public inspection § 337-24. Demolition or removal. prior to such hearing the demolition permit application. A. Where an application to the Preservation 2. Public hearings may also be had for properties that come to Board seeks approval of demolition or removal of a landmark, the attention of the Preservation Board which could be deemed improvement on a landmark site or a structure within an historic significant and worthy of preservation after gppl3jng the criteria district, the Board shall evaluate the application in for review as provided in Section 337-20 of the Code. accordance with the provisions set forth in this code. It is hereby certified, pursuant to Section 3-19 of the Charter, Where the Board denies permission to commence that the immediate passage of the foregoing ordinance is immediate demolition, it is empowered to make determinations necessary. that the structure or improvement sought to be demolished or APPROVED AS TO FORM removed is of such importance that alternatives to demolition Corporation Counsel should be pursued and that a hardship under § 337-23 NOTE: Matter underlined is new. exists. Where these determinations are made, the Preservation PASSED Board may delay demolition for a maximum period of one AYES - 13 NOES - 0 hundred eighty (180) days after the initial forty-five-day NO. 182 Whereas: The banners will hang on Exchange Street from July BY: MR. FRANCZYK 28, 2003 through October 31, 2003; ORDINANCE AMENDMENT Now, Therefore, Be It Resolved: CHAPTER 175 - FEES That the Common Council of the City of Buffalo grants The Common Council of the City of Buffalo does hereby permission to Aurora Flag and Banner and City View Properties ordain as follows: to hang banners on Exchange Street; and That Chapter 175 of the Code of the City of Buffalo be Be it Finally Resolved: amended to read as follows: That certified copies be sent to the applicant with the phone Chapter 337, Preservation Standards number of Joseph N. Giambra, Commissioner of Public 337-24, Preservation Board Review Works, Parks, and Streets. Application for demolition pen-nit $500.00 PASSED § 337-3 1, Preservation Board Review AYES - 13 NOES - 0 Application for landmark designation [$525.00] $500.00 (non-owner-occupied NO. 185 Certificate of compliance (for non-owner occupants) BY: MR. GOLOMBEK Less than $10,000.00 $26.25 AUDIT AND INVENTORY OF EQUIPMENT AND More than $10,000.00 $52.50, FURNITURE IN COMMON COUNCIL OFFICES plus 10% surcharge for State Environmental Whereas: In January 2004 the Common Council will Quality Review Act downsize from thirteen to nine members, and It is hereby certified, pursuant to Section 3-19 of the Charter, Whereas: Every January, recently elected Council members that the immediate passage of the foregoing ordinance is move into their new offices and some returning incumbents necessary. switch offices, and APPROVED AS TO FORM Whereas: During this time there are requests for the furniture Corporation Counsel and equipment that are necessary in a functioning NOTE: Matter underlined is new. office, and PASSED Whereas: it is important that, in light of our fiscal AYES - 13 NOES - 0 condition, no funds are spent on unneeded equipment or furnishings. NO. 183 Now, Therefore, Be It Resolved: BY: MR. FRANCZYK This Common Council does hereby require that the City Clerk's WAIVE FEES FOR PLAYGROUND office perform a physical inventory and audit of all equipment Whereas: James A. Dockery Community Center, located at and furnishings allocated to offices of the Common Council. 800 Sycamore Street, in the City of Buffalo's Fillmore District, This initiative should take place this year and every year has requested permission from the City of Buffalo to build a hereafter during the August recess of the Common Council playground; and schedule. Whereas: The proposed playground will be located in a now Joseph Golombek Jr. vacant lot behind the Community Center; and ADOPTED Whereas: The total cost for this project is $66,284 covered in full with non-City funds. The proposed playground will provide NO. 186 equipment for the area children, including a sand studio, a BY: MR. GOLOMBEK spring horse and a circle cycle; and APPOINTMENT TO CITIZENS PLANNING COUNCIL Whereas: The James A. Dockery Community Center kindly Whereas: There currently exists at least one opening on the requests that the permit and application fees associated with Citizens Planning Council, and this project are waived; Whereas: The appointment of Tony D. Williams to the Now, Therefore, Be It Resolved: Citizens Planning Council would be beneficial to the City of That the Common Council of the City of Buffalo does hereby Buffalo, and waive the fees associated with the permit and application for Whereas: Mr. Williams resides within the City of Buffalo at the James A. Dockery Community Center's proposed 309 Tacoma Avenue and is currently the Director of Operations playground; and at the Northwest Buffalo Community Center. He is a recipient Now, Be It Further Resolved: of the New York State Unsung Hero award for his work with That this Honorable Body does hereby directs the James A. conflict resolution in adolescents, and Dockery Community Center that all City of Buffalo Department Whereas: With Mr. Williams' strong background in youth of Permits & Inspection Services guidelines are to be followed programming and his long history of public service he would and information furnished, including blueprints of the proposed serve as a great asset to the Citizen Planning Council. playground. Now, Therefore, Be It Resolved: PASSED This Common Council appoints Mr. Tony D. Williams to the AYES – COPPOLA, DAVIS, FISHER, FONTANA, Citizens Planning Council. FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, REFERRED TO THE'COMMITTEE ON LEGISLATION, THE MARTINO, PITTS, THOMPSON – 12 NPES – BONIFACIO - DIVISION OF COLLECTIONS AND CORPORATION 1 COUNSEL NO. 184 NO. 187 BY: MR. FRANCZYK BY: MRS. GRANT PERMISSION TO HANG BANNER INCREASED APPROPRIATION Whereas: Aurora Flag and Banner, 4211 North APPROPRIATION ALLOTMENTS - BOARD OF Buffalo Street, #7, Orchard Park, New York 14127, has EDUCATION requested permission on behalf of City View Properties, to That, Pursuant to §20-11 of the Charter and the Certificate of hang nine 24" x 72" banners on street lights along the building the Mayor and the Comptroller submitted to the Common City View Properties owns at 726 Exchange Street; Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Board of Education be and No. 190 the same hereby is increased in the sum of $29,321,465. By: Mrs. Grant FROM: Transfer of Funds That, the comptroller be and hereby is authorized and directed Health Care - Active to increase the revenue estimate of account., Workman's Comp Medical Services Increased State Aid revenues due to Board of Education That pursuant to §20-12 of the Charter and the $29,321,465 Certificate of the Mayor and the Comptroller submitted to the TO: Common Council, the sum of $1,000,000 be and the same is Board of Education hereby transferred from Health Care for Active Employees and General Fund said sum is hereby reappropriated as set forth below: Operations and Maintenance. $29,321,465 From: 17301002 - 421002 Health Care Active $600,000 PASSED To: AYES - 13 NOES - 0 12555006 -432002 Medical Services $600,000 PASSED No. 188 AYES - 13 - NOES - 0 By: Mrs. Grant Transfer of Funds No. 191 Common Council - Legislative by: Mrs. LoTempio That pursuant to §20-12 of the Charter and the Certificate of Request State Legislation to Strengthen the the Mayor and the Comptroller submitted to the Common "Anti-Pirating" Provision of the Industrial Development Council, the sum of $9,000 be and the same is hereby Act transferred within Common Council Legislative and said sum is Whereas: In 1969, Article 18-A of the State General Municipal hereby reappropriated as set forth below: Law (GML), known as the Industrial Development Act, gave the From: NY State Legislature the authority to create industrial Legislative - Personal Services development agencies with the power to borrow money, issue 10 102001 - 412002 Hourly Salary bonds and enter into agreements allowing third parties to avoid $9,000 certain taxes; and To: Whereas: The purpose of the Industnial Development Act is to Common Council Legislative - Councilmember #4 prevent unemployment and economic deterioration in New York 10 105004 - 458001 Transportation State; and $1,200 Whereas: Section 862 (1) of the GML, commonly known as the 10 105004 - 458002 Meals/Lodging "anti -pirating" provision states: $1,00 "No financial assistance of the agency shall be used in respect 10 105004 - 45 8003 Reg./Mem, etc. of any project if the completion thereof would result in the $ 800 removal of a facility or plant of the project occupant from one Common Council Legislative - Councilmember #2 area of the state to another area of the state or in the 10 103001 - 415001 Auto Allowance abandonment of one or more plants or facilities of the project $3,000 occupant located within the state, provided, however, that Common Council Legislative - Councilmember #6 neither restriction shall apply if the agency shall determine on 10 107001 - 415001 Auto Allowance the basis of the application before it that the project is $1,000 reasonably necessary to discourage the project occupant from Common Council Legislative - Councilmember #8 removing such plant or facility to a location outside the state or 10109001-415001 Auto Allowance is reasonably necessary to preserve the competitive position of $2,000 the project occupant in its respective industry; and PASSED Whereas: It has long been a contention of the City of Buffalo, AYES - 13 - NOES - 0 as well as downtown property owners and others, that IDA's, particularly Amherst's IDA, have been illegally using their No. 189 powers to pirate businesses from within the City of Buffalo in By: Mrs. Grant contravention of the well being of the region; and Transfer of Funds Whereas: Since the 2000-2001 fiscal year, the City of Buffalo Inventory & Stores has lost more than $200 million from its tax base; and Buildings Whereas: Business leaders in Buffalo contend that it will be That pursuant to §20-12 of the Charter and the Certificate of difficult to rebuild the City's tax base while the Amherst IDA the Mayor and the Comptroller submitted to the Common continues the practice of subsidizing multitenant "spec" Council, the sum of $1,000,000 be and the same is hereby buildings, which are then used to lure businesses from the city; transferred from Inventory & Stores and said sum is hereby and reappropriated as set forth below: Whereas: On June 10, 2003, the City of Buffalo and other From: parties won a NYS Court of Appeals decision stating that the 11781005 - 4A62600 Gas & Lube Town of Amherst IDA, along with the Uniland Partnership, $62,316 violated section 862 (1) by subleasing part of an IDA supported To: development to the BDO Seidman, LLP accounting firm, which 13296006 - 443400 tquipment Maintenance Contracts $ had been located in the City of Buffalo; and 300 Whereas: This victory, while important as a legal precedent, 13296006 - 480000 Other Services was incomplete in that the penalty was assessed on a minimal $62,016 basis and will easily be paid by the defendants; and PASSED Whereas: In addition, several matters of law, that are key to AYES - 13 - NOES - 0 preventing IDA resources and benefits from being used in the future pirating of businesses from Buffalo, were left unresolved; Whereas; The PBEP will begin holding partnering group and sessions and Public Collaborative Workshops with both the Whereas: As a result, it is in the interest of the citizens of City of Buffalo and Fort Erie Ontario in order to present this Buffalo, that the NYS Legislature act to strengthen and clarify final Scoping document for additional input After theses the Anti-Pirating provision of the Industrial Development Act; sessions the PBEP recommendations will be presented to the Now, Therefore, Be It Resolved That: Partnering groups for ratification; and This Common Council requests the NYS legislature to enact, Whereas; The Peace Bridge Authority (P.B.A.) recently and the Governor to sign, legislation that would: requested that the State of New York grant them the power of Prohibit IDA's from subsidizing "spec" office buildings; Require eminent domain in order to carry out any final alternative a developer found in violation of the anti-pirating provision to recommendation for the PBEP after the Environmental Impact repay all financial assistance received on the project; Refine process has been completed and approved by the City of and clarify the competitive position exception of the anti-pirating Buffalo. The proposed legislation is now the subject of a series provision by limiting it to manufacturing, research and of public hearings sponsored by the New York State Assembly; development, and other unique facilities; Preclude developers and found in violation of the anti-pirating provision from receiving Whereas; The request by the PBA for eminent domain powers any further IDA, Empire Zone and 485-b benefits; and has raised a number of substantial issues. Several involve the Be It Further Resolved That: timeliness and need for granting this power prior to the The City Clerk be directed to forward certified copies of this completion of the Environmental Impact Study (E.I.S.) Another resolution to Governor Pataki, to Assembly Speaker Sheldon very important one is the use of this power and its impact upon Silver, to the Clerk of the Assembly, to Senate Majority Leader the community with regard to the purchase of properties and Joseph Bruno, to the Secretary of the Senate and to the relocation plans; and members of the Western New York Legislative delegation. Whereas; The concerns with the granting of eminent domain ADOPTED powers to the PBA may not be resolved, especially in light of the lack of any concerted planning effort to address the No. 192 concerns on the impact to the community. This planning effort By: Mr. Pitts needs to be engaged as part of the current EIS process with Res: Frederick Law Olmsted Award the City of Buffalo and the community to identify viable WHEREAS: The Buffalo Olmsted Parks Conservancy will relocation plans with adequate funding; and celebrate its 25 th Anniversary with a magnificent Gala in Whereas; In order to continue the progress of the PBEP while Delaware Park on Friday, July 11, 2003; and further ensuring that the community and City of Buffalo's WHEREAS: The highlight of this wonderful occasion will be interests are preserved under the use of any eminent domain the presentation of the first annual Frederick Law Olmsted power. (FLO) Award. This special award is named for the renowned Be it resolved that the following considerations be included as landscape architect's work in planning and creating the City of part of the granting of any eminent domain power; Buffalo's magnificent and historic parks system; and 1. The proposed PBEP has the potential to advance a strong WHEREAS: The first recipients of the FLO Award will be municipal public purpose and should seek to; Gretchen and Tom Toles. Gretchen was the Chair of the a. improve conditions in the community by the separation of former Buffalo Friends of Olmsted Parks and her husband truck clearing activities from residential and parkland areas; Tom is a Pulitzer Prize winning Editorial Cartoonist formerly b. improve conditions in Front Park with the expansion of with the Buffalo News and now with the Washington Post; and continuous parkland vistas. WHEREAS: Both Gretchen and Tom Toles exemplify the C. enhance the Niagara Street commercial corridor by advocacy, activism and commitment to historic preservation providing easy vehicular access Southward and improving that has restored and preserved the legacy of the. City's truck access along the industrial and heavy commercial Olmsted Parks System for future generations; and corridor to the North. WHEREAS: On the occasion of its 25th Anniversary, the City 2. To the extent that there is a need to acquire any residential of Buffalo is indeed proud of both the work of the Buffalo or commercial properties a clear commitment to implementing a Olmsted Parks Conservancy and Gretchen and Tom Toles. sound relocation plan shall be developed. NOW, THEREFORE BE IT RESOLVED: That this Common 3.Consideration in any commitment for lands to the commercial Council of the City of Buffalo wishes to congratulate both corridor shall recognize the potential to further remove land Gretchen and Tom Toles on receiving the first Frederick Law otherwise supported by City services from the tax rolls; and Olmsted Award; and Be it further resolved that the Corporation Counsel submit to BE IT FURTHER RESOLVED: That July 11, 2003 be declared the Common Council an opinion that clarifies the utilization of Gretchen and Tom Toles Day in the City of Buffalo for their the City of Buffalo's eminent domain powers by the Peace outstanding dedication. Bridge Authority for the proposed ridge Expansion Project. James W. Pitts REFERRED TO THE COMMITTEE ON BINATIONAL ADOPTED BRIDGES, THE CORPORATION COUNSEL AND THE DIRECTOR OF STRATEGIC PLANNING No. 193 By: Mr. Pitts No. 194 Use of City of Buffalo Eminent Domain Powers by the By: Mr. Thompson, Ms. Gray, Mrs. Grant & Mr. Davis, Mr. Peace Bridge Authority Fontana Whereas; The Peace Bridge Expansion Project Empire Zone Application Criteria (P.B.E.P.) is in the final stages of the preparation of its Whereas: The New York State Economic Development Zone Scoping Document Alternative Screening Report. This (Economic Development Zone program was created in 1987, to report documents the results of the Alternative Screening encourage business development in designated areas by process, providing a technical evaluation of the various offering targeted incentives and benefits to new and expanding project alternatives to be studied in the Preliminary businesses in New York State; and Design Environmental Impact Phase for the finalization of the PBEP; and Whereas: Companies that move to or expand in EMPIRE Whereas: It is crucial that the Buffalo Fiscal Stability Authority Zones are eligible for wage and investment tax credits, sales establish similar NVWBE goals for legal, financial, engineering, tax refunds, real property tax credits, and utility discounts; and technical, employment, and other professional services. In Whereas: Empire Zones also provide benefits relative to addition, the Buffalo Fiscal Stability Authority needs to establish building market rate housing in the Home Zone; and gender and racial diversity for its staff that also reflects the Whereas: The Buffalo Economic Renaissance Corporation diversity of Buffalo; (BERC) is the designated City agency, responsible for the Now, Therefore, Be It Resolved: overall supervision of the City of Buffalo's EMPIRE ZONE That the Buffalo Fiscal Stability Authority establish a policy of operations; and 25% minority business enterprise and 5% women business Whereas: There are various grants and programs administered enterprise goal for legal, professional, technical, vending and by the City of Buffalo departments, and although the monetary other professional services that it purchases during the life of amounts are small in comparison to the benefits of the Empire the authority. That the Buffalo Fiscal Stability Authority Zone designation, all require grant recipients to be current in all establish a 35% minority and women workforce goal and an City of Buffalo property taxes relating to operating a business in Affirmative Action statement and policy; and the City of Buffalo; Be it Further Resolved: Now, Therefore, Be It Resolved That: That the City Clerk of Buffalo forward copies of this resolution This Common Council requests that the Buffalo Economic to all members of the Buff4o Fiscal Stability Authority, Renaissance Corporation (BERC), as the City's designated members of the WNY state and federal delegations, NYS agent for administering the EMPIRE ZONE program, Assembly Speaker Sheldon Silver, NYS Majority Leader immediately require that all participants in the program be Joseph Bruno, NYS Assembly Deputy Speaker Clarence current in all City of Buffalo property taxes and fees; and Norman, and Minority Leader of the NYS Senate David Be It Further Resolved That: Patterson, the NAACP, the Black Leadership Forum, UB The Buffalo Common Council further requests that any Center for Urban Studies, Hispanics United of BOW, WNY participant found to be delinquent in any City of Buffalo taxes Hispanics and Friends, the Buffalo Urban League, and the and fees, be immediately terminated from the EMPIRE ZONE SCLC; and program, or be given a reasonable time to resolve the issue or Be it Further Resolved: pay the taxes or fees; and That contracting, vending, and other advertisements and If the applicant becomes an Empire Zone certified business, meeting notices of the Buffalo Fiscal Stability Authority are new employment opportunities will be listed with the New York posted in The Challenger, and the Buffalo Criterion. State Department of Labor, and the administrative entity (City of REFERRED TO THE MONORITY BUSINESS ENTERPRISE Buffalo); and COMMITTEE The Applicant understands and agrees that, as part of the process of becoming an Empire Zone certified business, it NO. 196 must comply with the requirements to provide certain By Mr. Thompson information to the Buffalo Economic Renaissance Corporation Felicitations/In Memoriam regarding its business operations with an notarize Attached hereto are Felicitation and In Memoriam Resolutions correspondence attesting that the information provide is true sponsored by Members of the Common Council as indicated: and accurate for monitoring of activity, if not company will be Felicitation for Gretchen and Tonm Toles subject to decertification; and By Councilmember Pitts, Michaux Be It Finally Resolved That: Felicitation for Evangelist Mary F. Baldwin Day The Buffalo Economic Renaissance Corporation (BERQ By Councilmember Gray, Michaux, Pitts immediately amend their Empire Zone application to include the Felicitation for Evangelist Venita J. Mccoy Day above referenced request, and that a copy of the application be By Councilmember Gray, Michaux, Pitts filed with the Buffalo Common Council, and the Empire State Felicitation for Minister Sayyeed Muhammad Day Development Corporation encourage businesses to participate By Councilmember Gray, Michaux, Pitts in job and career fairs. Felicitation for Elder Verdell singletary III Day PASSED By Councilmember Gray, Michaux, Pitts AYES - 13 - NOES - 0 Felicitation for 1Eugene (Gene) Albert Day By Councilmember Gray,,,M.ichaux, Pitts No. 195 ADOPTED. By: Mr. Thompson Request Diversity for Buffalo Fiscal Stability Authority Staff NO. 197 and Consultants ANNOUNCEMENT OF COMMITTEE MEETINGS Whereas: The Buffalo Fiscal Stability The following meetings are scheduled. All meetings are held in Authority will have the ability to hire staff, consultants, and the Common Council Chambers, 13 1h floor City Hall, Buffalo, vendors; and New York, unless otherwise noted. Whereas: The City of Buffalo has struggled repeatedly Regular Committees throughout the years to achieve diversity in its workforce and in All Regular Committees are adjourned until Tuesday, professional and construction services; and September 9, 2002. Whereas: It is imperative that if the Buffalo Fiscal Stability Special Committees Authority represents a new era in the history of Buffalo, that the Bi-National Bridge Thursday, July 24, 2003 at 2:00 o'clock PM Buffalo Fiscal Stability Authority staff and its consultants, in Room 1417 City Hall. vendors, and contractors reflects the diversity of the City of REMINDER: Special Council Session-Tuesday, July 29, 2003 Buffalo; at 10:00 a.m. in Council Chambers-re: Public Hearing-Union and Ship Canal Redev. Area-Urban Renewal Plan Approval. Whereas: The City of Buffalo has adopted a minority and (Public Disclaimer): All meetings are subject to change and women business enterprise goal of 25% MBE and 5% WBE cancellation by the respective Chairmen of Council for contractors, vendors, and professional service providers on Committees. In the event that there is sufficient time given for city projects; and notification, it will be provided. In addition, there may be meetings set Lip whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 198 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Coppola the Council adjourned at 5:00 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #7 OFFICE OF THE MAYOR-201 CITY HALL JULY 24, 2003 Present: Anthony M. Masiello, Mayor; Andrew SanFilippo, Deputy Comptroller, Michael B. Risman, Corporation Counsel-3 Absent: -James W. Pitts, Council President-1. The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 2003 amounting to $10,780.42 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO. 2 The following annuitant was cancelled from the Fire Pension Fund for the month of July 2003. Edna Ball Died 7/1/03 Received and Filed. NO. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 2003 amounting to $11,240.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. NO. 4 Mr. Masiello made a motion to authorize approving the August 2003 Police and Fire Pension Payroll. Adopted. Ayes-3. Noes-0. NO. 5 On motion by Mr. Risman, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.