The URL can be used to link to this page

Home My WebLink About03-0708 No.14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO July 8, 2003 MAYOR Hon. Anthony M. Masiello ACTING COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean 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 TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS Fisher, Fontana, Franczyk, Golombek Grant, Gray, LoTempio, Martino, and Thompson - 13. COMMON COUNCIL CITY HALL - BUFFALO ABSENT - None. TUESDAY, JULY 8, 2003 AT 2:00 P.M. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on PRESENT - James W. Pitts President of the Council, June 24, 2003 were approved. and and Council Members Bonifacio, Coppola, Davis, FROM THE MAYOR Union Ship Canal Redevelopment Area Urban Renewal Plan Adoption No. 1 Ms. Swartz offered the following resolution, seconded by Mr. Appointment of Members to the Gioia, and moved for its adoption: Buffalo Municipal Housing Authority We, the duly appointed members of the City of Buffalo Pursuant to the powers vested in me by Subdivision 2, Planning Board, acting in accordance with Section 504, Article Section 30 of the Public Housing Law, I hereby appoint 15 of the General Municipal Law of New York State, do this Matthew Brown, residing at 36 William Price Parkway, Buffalo, 24th Day of June, 2003 adopt the following resolution: New York 14214, and Dennis Dargavel, residing at 1110 WHEREAS, the Common Council of the City of Buffalo Abbott Road, Buffalo, NY 14220 as members of the Buffalo designated the Union Ship Canal Redevelopment Area, Municipal Housing Authority. Mr. Brown is being appointed to consisting generally of all that tract of land situated in the City fill the vacancy created by the resignation of Stuart Alexander. of Buffalo within the area generally bounded by the street His term will commence immediately and expire on October 19, centerline of Tifft Street on the north, the street centerline of 2008. Mr. Dargavel is appointed to fill the vacancy created by New York State Route 5 on the west, the railroad right-of-way the resignation of Chairman Modesto Candelario. His term will of the Seneca railyard on the east, and the Buffalo/Lackawanna commence immediately and expire on October 19, 2005. City line on the south, as a substandard, insanitary area which I hereby certify that the above named individuals are fully tends to impair and arrest the sound growth and development qualified to serve as a member of the Buffalo Municipal of the municipality, and designated the Area as being Housing Authority. appropriate for urban renewal treatment on July 29, 2003; and REFERRED TO THE COMMITTEE ON LEGISLATION THE WHEREAS, the proposed Union Ship Canal Redevelopment DIRECTOR OF COLLECTIONS Area Urban Renewal Plan provides for the systematic, long term, preservation, restoration, and revitalization of this No. 2 historically significant area; and Appointment of Member to the WHEREAS, the proposed Urban Renewal Plan will aid in the Buffalo Environmental Management Commission stabilization of local real property values and local property tax Pursuant to the powers vested in me by Section 18-51 of the rolls, and will provide a framework for public and private Charter of the City of Buffalo, as amended, I hereby appoint reinvestment within the area; and the following individual as a member of the Buffalo WHEREAS. The proposed Urban Renewal Plan generally Environmental Management Commission for a term conforms to the comprehensive plan for the development of the commencing immediately and will expire February 16, 2005. community as a whole and is consistent with local objectives as Appointment deter-mined by the City Planning Board; and Peggy Brooks-Bertram, Ph.D. 384 Crescent Avenue Buffalo, WHEREAS, The City Planning Board requested further 14214 consideration of environmental concerns in open spaces of the Dr. Peggy Brooks-Bertram is a faculty member in the designated area and additional language addressing and Department of Environmental Health at the University of preventing any and all non-accessory signage, specifically Buffalo, Director of Undergraduate Studies in the Dept. of billboards; and African American Studies and the Co-Investigator on the WHEREAS, a public hearing upon the matter was held upon Buffalo Lupus Coalition Project. Dr. Brooks-Bertram is also the due notice before the City Planning Board in Room 901 City founder and CEO of Jehudi Educational Services, an Hall on June 24, 2003 at 8:00 a.m., at which hearing the independent consulting firm specializing in K- 12 curriculum proposed Urban Renewal Plan was presented and explained in development, staff development and training, conference and detail, and those desiring to be heard were heard, seminar planning, and specialized grant and proposal NOW, THEREFORE, BE IT RESOLVED, that, we the duly development. appointed members of the City Planning Board of and for the Dr. Brooks-Bertram received a Masters and Doctorate from the City of Buffalo, do hereby report to the Common Council and John Hopkins University School of Hygiene and Public Health. certify our unqualified approval of the Union Ship Canal Area In June 2002, she completed a second doctorate in American Urban Renewal Plan, and that we hereby recommend that the Studies from the University of Buffalo. Dr. Brooks-Bertram plan be approved and adopted by your Honorable Body; and brings a wealth of experience in environmental and other BE IT FURTHER RESOLVED, that, the Common Council be matters and is well qualified to serve. informed that pursuant to Subdivisions 2 and 3 of Section 15, Dr. Brooks-Bertram is being appointed to fill the vacancy Article 15 of the General Municipal Law, that the office created by the resignation of Dr. John Vena. preparing an Urban Renewal Plan must submit the proposed I hereby certify that the above named individual is fully qualified plan to the City Planning Board for a recommendation to be for appointment to the Buffalo Environmental Management submitted to the Common Council, after which the Council is to Commission. hold a public hearing on the subject, not earlier than four (4) REFERRED TO THE COMMITTEE ON LEGISLATION, THE weeks after the Planning Board recommendation. CORPORATION COUNSEL AND AYES: Messrs Berg, Lyons, Gioia, Ms. Swartz, Ms. Hoyt THE DIRECTOR OF COLLECTIONS NOES: None ABSENT: Mr. Burris, Mr. Morrell No. 3 REFERRED TO THE COMMITTEE ON COMMUNITY Certificate of Appointment DEVELOPMENT Appointment Effective: July 1, 2003 in the Department of Mayor Division of Executive to the Position of Typist PERMANENT FROM THE OFFICE OF STRATEGIC PLANNING APPOINTMENT MAXIMUM Starting Salary of $27,847.00 Lanette Boulware 127 Harvard Place Buffalo, New York 14209 NO. 5 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Union Ship Canal Redevelopment Area Urban Renewal Plan FROM THE MAYOR - EXECUTIVE DEPARTMENT January 7, 2003, C.C.P.#97 It is with pride and most hopeful expectations that we FROM THE CITY PLANNING BOARD present for your review and consideration the attached copy of the "Union Ship Canal Redevelopment Area Urban No. 4 Renewal Plan ". Urban Renewal Plan The Union Ship Canal Area was found to suffer from Union Ship Redevelopment Area conditions of spreading slum and blight and was formally Planning Board Report and Recommendation designated for urban renewal treatment by the Common 1/7/2003, C.C.P. No. 97 Council of the City of Buffalo on January 7, 2003, C.C.P. No. The City Planning Board at its meeting of June 24, 2003 97. adopted the following resolution recommending that the This Urban Renewal Plan initiates the process of establishing a Common Council approve the Union Ship Canal long-range framework plan for the preservation, restoration and Redevelopment Area Urban Renewal Plan. adaptive reuse of the project area's significant resources and City Planning Board Recommendation historic properties. The plan features the revitalization of the project area, which contains approximately 275 acres of former remaining balance will be deposited in the City's Mrs. heavy industrial and railroad lands that could be used for future LoTempio Moved: development. That the communication from the Department of Strategic The City Planning Board has approved the Urban Renewal Planning, dated June 27, 2003, be received and filed; and Plan, after conducting a Public Hearing, as required by General That the Executive Director of Strategic Planning be, and he Municipal Law, and the Planning Board's "Report and hereby is authorized to rescind the sale of 14 Burgard to Curt Recommendations" relative to the Plan appears on the Baker of 183 Martha and that his deposit be forfeited and the Common Council Agenda of July 8, 2003. property be returned to inventory for resale. Ten percent of the The Office of Strategic Planning, therefore, recommends your deposit will remain with Cash Realty for the buyer's premium approval and adoption of the Plan, and respectfully requests and the remaining balance will be deposited in the City's that you authorize the City Clerk to advertise a Notice of Public General Fund - Sale of In-Rem Property. Hearing, and that your Honorable Body schedule a Public Passed Hearing for the Plan to be held on Tuesday, July 29, 2003. AYES - 13 - NOES - 0 We have attached for your consideration and approval an appropriate draft Notice of Public Hearing and a draft No. 9 Resolution scheduling the hearing. Rescind Auction Sale and Forfeit Deposit REFERRED TO THE COMMITTEE ON COMMUNITY 185 Maple DEVELOPMENT On January 30, 2003 the Office of Strategic Planning, Division of Real Estate held a Public Auction NO. 6 conducted by Cash Realty. Ms. Leila Jemison and Regina PERMISSION TO TRANSFER Evans of 89 Leonard, Buffalo, New York were the highest 1168 HERTEL AVENUE bidders for the property located at 185 Maple in the amount of FROM BURA TO THE CITY One Thousand Dollars ($1,000.00), plus a 10% buyer's Permission is hereby requested to transfer a vacant parking premium for a total of One Thousand One Hundred Dollars lot located at 1168 Hertel Avenue from BURA to the City of ($1,100.00). Buffalo, The terms of sale stated that the successful bidders will be The 49'x 120' lot was acquired by BURA in December 1976 to required to submit a detailed repair/renovation plan and detailed assist with the parking needs of Hertel Avenue businesses. cost estimate for the repair/renovation to the structure. The The Board of Parking will now assume the responsibility of successful bidder also had to submit financial ability to maintaining the lot. purchase/repair/renovate the structure. We are therefore requesting permission to transfer this The successful bidders have not satisfied the above stated property from BURA to the City. terms of sale. Ms. Johnson & Ms. Evans were mailed final Mrs. LoTempio Moved: notices to submit the above information on or before April 3, That the above communication from the Department of 2003 or else the sale would be rescinded and their deposit in Strategic Planning dated June 30, 2003 be received and filed; the amount of Two Hundred Dollars ($200.00) would be and forfeited. That the Buffalo Urban Renewal Agency be, and they hereby Since the terms of sale have not been satisfied this office is are authorized to transfer a vacant parking lot located at 1168 recommending that the Common Council approve to rescind Hertel Avenue to the City of Buffalo. That General Counsel for the sale of 185 Maple, return the property to our inventory for the Buffalo Urban Renewal Agency be authorized to prepare resale and that the bidder forfeits their deposit in the amount the necessary documents for the transfer of title and that the Two Hundred Dollars ($200.00). Ten percent of the deposit will Mayor be authorized to execute the same. remain with the Auctioneer for the buyer's premium and the Passed. remaining balance will be deposited in the City's General Fund AYES - 13 - NOES - 0 - Sale of In-Rem Property. REFERRED TO THE COMMITTEE ON FINANCE No. 7 Request for Approval to Transfer Title of NO. 10 371 Square Feet of Parcel 29 to New York Rescind Auction Sales and Forfeit Deposits State Department of Transportation to complete their Item No. 91, C.C.P. 3/4/03 Easement along the N. Y. State Thruway Property In the above referenced item Your Honorable Body The City of Buffalo Urban Renewal Agency has approved authorized the sale of various properties (see attached list), the Transfer of 371 Square Feet from the Buffalo Urban which were sold through a Public Auction held on January 30, Renewal Agency to the New York State Department of 2003. The highest bidders have not satisfied all of the terms of Transportation. the sale. This transfer will complete an existing easement on the edge of A final notice was mailed to each of the highest bidders to the parcel that abuts NYSDOT land Linder the Interstate 190. submit the necessary documents in order to satisfy the terms The DOT needs this easement for access to the underside of of the sale on or before May 12, 2003 or the sale would be the Thruway. rescinded and their deposit would be forfeited. This office did In the interest of time and anticipating that Your Honorable not receive a response from any of the attached highest Body is willing to expedite this matter, I have taken the liberty to bidders. prepare a resolution for your action, Therefore, we are recommending that the Common Council Forwarded herewith is the following document: approves to rescind the sales, return the properties to our Resolution approving proposed Land Transfer inventory for resale and that the bidders will forfeit their Your Honorable Body may adopt a Resolution authorizing the deposits in the amount indicated on the attached list. Ten transfer of 3 7 1 square feet of Parcel 29 to the New York State percent of the deposit will remain with the Auctioneer for the Department of Transportation. buyer's premium and the remaining balance will be deposited in RECEIVED AND FILED the City's General Fund - Sale of In-Rem Property. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 Rescind Auction Sale and Forfeit Deposit NO. 11 14 Burgard Report of Auction - 387 Hickory On January 30, 2003 the Office of Strategic Planning, Lot Size: 25'x 143' Division of Real Estate held a Public Auction conducted by Assessed Valuation: Land: $ 1,000 Cash Realty. Mr. Curt Baker of 183 Martha, Buffalo, New York Total: $12,000 14215 was the highest bidders for the property located at 14 Item No. 91, C.C.P. 3/4/03 Burgard in the amount of Two Thousand Two Hundred Dollars The Office of Strategic Planning, Division of Real Estate ($2,200.00), plus a 10% buyer's premium for a total of Two submitted the results of our public auction to the Common Thousand Four Hundred Twenty Dollars ($2,420.00). Council, per Item No. 11, C.C.P. 2/18/03 and as a result the The Office of Strategic Planning, Division of Real Estate sent property at 387 Hickory was omitted from the passed Item No. Mr. Baker two letters the first dated April 3, 2003 and the 91, C.C.P. 3/4/03. second dated May 1, 2003 advising him that this office is ready This office is resubmitting the property located at 387 Hickory to close on said property. Mr. Baker was further advised that to Your Honorable Body for approval. As you are aware the failure to schedule an appointment to close on said property on property was auctioned on January 30, 2003 and the highest or before Thursday, May 15, 2003 would result in the sale bidder was Glen A. Gloster (Tripoint, LLC), 1849 Tillingway, being rescinded, the property returned to inventory for resale Stone Mountain, GA 30087 in the amount of One Thousand and his deposit would be forfeited, Two Hundred Dollars ($1,200.00). The purchaser has Mr. Baker did not respond to our letters. This office is deposited twenty percent of the bid price. The bid price is the recommending that the Common Council approves to rescind amount to be received by the City. The buyer is required to pay the sale of 14 Burgard, return the property to our inventory for a ten percent buyer's premium to Cash Realty and Auction resale and that the bidder forfeits his deposit in the amount The subject property consists of a single family home. Said Five Hundred Dollars ($500.00). Ten percent of the deposit will property was acquired by the City through tax foreclosure remain with the Auctioneer for the buyer's premium and the In-Rem No. 36, Serial No. 500 of 10/28/02. The purchaser intends to acquire, rehabilitate and use the property for rental The Office of Strategic Planning has surveyed the city-owned purposes. He has submitted his list of repairs including cost vacant lot at 61 Arkansas Street Buffalo, New York, parcel is estimates and proof of financing. The Collections Office has 50' x 110' in dimension; and it has been determined this parcel indicated that he has no outstanding debt and the Inspections inappropriate for either the construction of new housing or Office has indicated that he has no outstanding violations. needed for public purposes. I am recommending that Your Honorable Body approve the bid Mr. Archie C. Culton, Jr. residing at 65 Arkansas Street, of Glen A. Gloster on behalf of Tripoint, LLC in the amount of Buffalo, New York 14213 indicated he will clean, improve and One Thousand Two Hundred Dollars ($1,200.00). No search maintain the lot in the event he obtains title to the property or survey will be provided by the City. I am further under the Urban Homestead Program. recommending that the Corporation Counsel prepare the The Division of Permit and Inspection Services and the necessary documents for the transfer of title and that the Mayor Division of Collections have bee contacted. There are no be authorized to execute the same. property code violations, taxes or other liens owed to the City of Mrs. LoTempio Moved: Buffalo L the homesteader. That the offer of Glen A. Gloster on behalf of Tripoint LLC in We, therefore, recommend the city-owned vacant lot be the amount of One Thousand Two Hundred Dollars ($1200, 00 designated as a Homestead Property and be transferred to Mr. ) for the purchase of 387 Hickory be and hereby is accepted an Archie C. Culton, Jr. on the condition the property is cleaned that the Corporation Counsel prepare the necessary and improve within (6) months and maintained in a sanitary documents for the transfer and title and that the Mayor be manner. authorized to execute the same. Mrs. LoTempio Moved: PASSED That the above communication from the Office of Strategic AYES - 13 - NOES - 0 Planning dated July 2, 2003, be received and filed; and That the city-owned property commonly known as 61 Arkansas NO. 12 Street, is hereby designated as Homestead Property, and that Results of Negotiations the Mayor be, and he hereby is authorized to execute a deed 124 Loepere, 29.63' N transferring said property to Archie C. Culton, Jr., residing at Stanislaus 65 Arkansas Street, for the amount of One Dollar ($ 1.00) and Vacant Lot: 30'x 108' no more, and all costs of transfer, on the condition the property Assessed Valuation: $1,600. is cleared and improved within six (6) months and maintained The Office of Strategic Planning, Division of Real Estate, in a sanitary manner. has received a request to purchase 124 Loepere Street from Passed. Mr. Abdulmuqeeth Muhammadhusain Choudhury, 28 Circuit AYES - 13 - NOES - 0 Street, Boston, Massachusetts, 02119. Mr. Choudhury purchased a three family home at 126 Loepere in March 2002, No. 15 which is adjacent to 124 Loepere Street. He intends to use the Transfer of Title vacant lot for extra yard space for his tenants. Urban Homestead Program The Division of Permit and Inspection Services and the 342 Sherman (City Owned-Vacant Division of Collections have no objections to the sale. There are Lot, 25'x 132') no outstanding code violations, taxes, or other liens owed to the The Office of Strategic Planning has surveyed the City of Buffalo by the purchaser. city-owned vacant lot at 342 Sherman Street, Buffalo, New The Division of Real Estate has investigated the same of York, parcel is 25' x 132' in dimension; and it has been similar residential vacant lots in the subject area. Sales prices determined this parcel is inappropriate for either the range from fifteen cents (. 15) to thirty cents (.30) per square construction of new housing or needed for public purposes. foot. Mr. Moses Kirkland and Mrs. Vernell Kirkland residing at 344 The results of our negotiations are that Mr. Choudhury has Sherman Street, Buffalo, New York 14212 indicated they will agreed and is prepared to pay five hundred dollars ($500), clean, improve and maintain the lot in the event they obtain title fifteen cents per square foot, for the subject property. He has to the property under the Urban Homestead Program. also agreed to pay for the cost of the appraisal, transfer tax, The Division of Permit and Inspection Services and 'the recording fee's and cost of the legal description. Division of Collections have been contacted. There are no I am recommending that Your Honorable Body approve the sale property code violations, taxes or other liens owed to the City of of 124 Loepere Street to Mr. Abdulmuqeet Muhammadhusain Buffalo by the homesteaders. Choudhury for five hundred dollars ($500). 1 am further We, therefore, recommend the city-owned vacant lot be recommending the Corporation Counsel prepare the necessary designated as a Homestead Property and be transferred to Mr. documents for the transfer of title and that the Mayor be and Mrs. Kirkland on the condition the property is cleaned and authorized to execute the same. improved within (6) months and maintained in a sanitary REFERRED TO THE COMMITTEE ON FINANCE manner. REFERRED TO THE COMMITTEE ON COMMUNITY NO. 13 DEVELOPMENT Results of Negotiations 70 Fox, 660'N Broadway FROM THE COMPTROLLER Vacant Lot: 30'x 132' Assessed Valuation: $1,200. NO. 16 The Office of Strategic Planning, Division of Real Estate, Abatement of Uncollectable has received a request to purchase 70 Fox Street from Ms. Accounts Receivable (Compt.) Altheria Harris, 66 Fox Street, Buffalo, New York, 14212. Ms. (Item #14, C.C.P. 6/24/03) Harris owns a one family home at 66 Fox Street, which is Attached is the amended copy and backup schedule for adjacent to 70 Fox Street. She intends to use the vacant lot for Abatement of Uncollectable Accounts Receivable which extra yard space. explains the reasons why the bills should be abated and any The Division of Permit and Inspection Services and the collections efforts made to date. Division of Collections have no objections to the sale. There are COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW no outstanding code violations, taxes, or other liens owed to the REFERRED TO THE COMMITTEE ON FINANCE City of Buffalo by the purchaser. The Division of Real Estate has investigated the same of NO. 17 similar residential vacant lots in the subject area. Sales prices CAPITAL DEBT SERVICE FUND range from fifteen cents (.15) to thirty cents (.30) per square DEPOSITS 2003/2004 FISCAL YEAR foot. Certificate Number 1-03/04 of the Comptroller of the City of The results of our negotiations are that Ms. Harris has agreed Buffalo, New York, relative to the Capital Debt Service of Fund and is prepared to pay eight hundred dollars ($800), twenty of said city, stating the amounts to be deposited therein and cents per square foot, for the subject property. She has also paid therefrom for the period agreed to pay for the cost of the appraisal, transfer tax, Commencing July 1, 2003 and ending June 30, 2004 recording fee's and cost of the legal description. I, Andrew A. SanFilippo, Acting Comptroller of the City of I am recommending that Your Honorable Body approve the sale Buffalo, New York, in accordance with the provisions of Section of 70 Fox Street to Ms. Altheria Harris for eight hundred dollars 202 of the resolution entitled: ($800). 1 am further recommending that the Corporation "Enabling Resolution of the City of Buffalo, New York, Counsel prepare the necessary documents for the transfer of Establishing a Capital Debt Service Fund, Determining the title and that the Mayor be authorized to execute the same. Terms and Conditions of Such Fund and Other Matters in REFERRED TO THE COMMITTEE ON FINANCE Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." NO. 14 duly adopted by the Common Council on March 8, 1977, and Transfer of Title pursuant to the duties of the chief fiscal officer set forth therein, Urban Homestead Program Do Hereby Certify as follows: 61 Arkansas (City Owned-Vacant Lot, 50' x 110') 1. The Capital Debt Service Fund Requirements for the fiscal on the obligations, in the amounts, on the dates, and at the year commencing July 1, 2003 and ending June 30, 2004 is place or places as set forth below: $59,968,170.04. Obligation Amount Due Date Due Place Due 2. The portion of said Capital Debt Service Requirement Serial Bonds $2,497,375.01 Jan.30,2004 M & T Trust Co allocated to the First Collection Period (July 1, 2003 through Buffalo, New York and including November 30, 2003), is $33,148,233.14. Serial Bonds 140,482.50 Jan.30,2004 JP Morgan Chase 3. The portion of said Capital Debt Service Requirement Dallas, Texas allocated to the Second Collection Period (December 1, 2003 Serial Bonds 978,930.00 Jan.30,2004 HSBC through and including June 30, 2004), is $26,819,936.90. New York, New York 4. The First Collection Period portion of the Capital Debt Serial Bonds 780,915.63 Jan.30,2004 Deutsche Bank Service Requirement is due and payable during the period New York, New York commencing July 1, 2003 and ending December 31, 2003 on Serial Bonds 9,760,000.00 Feb.2,2004 M & T Trust Co the obligations, in the amounts, on the dates, and at the place Buffalo, New York or places as set forth below: Serial Bonds 745,000.00 Feb.2,2004 JP Morgan Chase Obligation Amount Due Date Due Place Dallas, Texas Due - Serial Bonds 2,060,000.00 Feb.2,2004 HSBC Serial Bonds $2,497,375.01 Jul. 31, 2003 M & T Trust Co New York, New York Buffalo, New York Serial Bonds 1,251,000.00 Feb.2,2004 Deutsche Bank Serial Bonds 140,482.50 Jul. 31, 2003 JP Morgan New York, New York Chase Serial Bonds 80,473.75 Feb.13,2004 JP Morgan Dallas, Texas Chase Serial Bonds 978,930.00 Jul. 31, 2003 HSBC Dallas, Texas New York, New York Serial Bonds 180,625.00 Feb.13,2004 Serial Bonds 780,915.63 Jul. 31, 2003 Deutsche Bank HSBC New York, New York New York, New York Serial Bonds 80,473.75 Aug.14,2003 Serial Bonds 715,000.00 Feb.16,2004 JP Morgan Chase JP Morgan Chase allas, Texas Dallas, Texas Serial Bonds 270,937.50 Aug. 14, 2003 Serial Bonds 361,438.75 Mar. 31, 2004 M & T Trust Co HSBC ew York, New York Buffalo, New York Serial Bonds 2,125,000.00 Aug. 15, 2003 Serial Bonds 37,100.00 Mar. 31, 2004 JP Morgan Chase HSBC York, New York Dallas, Texas Serial Bonds 130,980.00 Sept. 30, 2003 HSBC Serial Bonds 65,490.00 Mar. 31, 2004 New York, New York HSBC Serial Bonds 37,100.00 Oct. 1, 2003 JP Morgan Chase New York, New York Dallas, Texas Serial Bonds 2,105,000.00 April 1, 2004 M & T Trust Co Serial Bonds 361,438.75 Sept. 30, 2003 M & T Buffalo, New York Trust C Buffalo, New York Serial Bonds 115,000.00 April 1, 2004 JP Morgan Chase Serial Bonds 2,220,000.00 Oct. 1, 2003 HSBC Dallas, Texas New York, New York Serial Bonds 16,065.00 April 30, 2004 JP Morgan Chase Serial Bonds 16,065.00 Nov 3, 2003 JP Morgan Dallas, Texas Chase Dallas, Texas Serial Bonds 90,000.00 May 3, 2004 JP Morgan Chase Serial Bonds 1,661,845.63 Nov 14, 2003 Dallas, Texas M & T Trust Co Buffalo, New York Serial Bonds 1,606,408.13 May 14, 2004 M & T Trust Co Serial Bonds 4,435,000.00 Nov.17,2003 Buffalo, New York M&T Trust Co uffalo, New York Serial Bonds 1,252,305.63 May 31, 2004 M & T Serial Bonds 1,437,380.62 Nov.28,2003 M & T Trust Co Trust Co Buffalo, New York Buffalo, Serial Bonds 219,450.00 May 31, 2004 JP Morgan Chase New York Dallas, Texas Serial Bonds 605,813.75 Nov.28,2003 HSBC Serial Bonds 553,682.50 May 31, 2004 HSBC New York, New York, New York New York Serial Bonds 381,070.00 May 31, 2004 Deutsche Bank Serial Bonds 241,500.00 Nov 28, 2003 JP Morgan New York, New York Chase Serial Bonds 827,125.00 June 14, 2004 M & T Bank Dallas, Buffalo, New York Texas $26,819,936.90 Serial Bonds 387,470.00 Nov.28,2003 7. The aggregate amount to be deposited by the Director of the Deutsche Bank Treasury with the M&T Trust Company, Buffalo, New York, New York, commencing on December 1, 2003 is $26,819,986.90. New York 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Serial Bonds 8,420,000.00 Dec. 1, 2003 M & T Director of the Treasury shall deposit the amounts shown in Trust Co Section 5 and 7 hereof in the Capital Debt Service Fund held Buffalo, by the Trustee, M&T Trust Company, Buffalo, New York, New York immediately upon receipt of any payment of or on account of Serial Bonds 980,000.00 Dec. 1, 2003 JP Morgan any City ad valorem property taxes, until the amount deposited Chase during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. Dallas, Texas 9. 1 have this day delivered a copy of Certificate Number Serial Bonds 2,195,000.00 Dec. 1, 2003 1-03-04 to the Director of Treasury and to the Fleet Bank, HSBC Buffalo, New York. New York, IN WITNESS WHEREOF, I have hereunto set my hand this New York 23rd Day of June, 2003 Serial Bonds 512,000.00 Dec. 1, 2003 Deutsche RECEIVED AND FILED Bank New York, No. 18 New York Interfund Loan Serial Bonds 862,525.00 Dec. 12, 2003 M&T Citywide Parks/Playground Imp 2002 Trust Co MLK Splash Pool Buffalo, The City has provided interfund loans from the City General New York Fund to The City, Board and Enterprise Capital Projects Funds Serial Bonds 1,770,000.00 Dec 15, 2003 M&T to implement financing of the Capital Improvements Budget. Trust Co The interfund loans are repaid when the Bond Anticipation Buffalo, Notes or Bonds are issued to finance these projects. New York As of today, there are no requests for money to finance $33,148,233.14 projects and we will not reenter the bond market at this time. 5. The aggregate amount to be deposited by the Director of the We are requesting that you approve an interfund cash loan Treasury with the M & T Trust Company, Buffalo, New York, from the General Fund to the City's Capital Projects Fund in commencing on July 1, 2003 is $33,148,233.14 the amount of $300,000 against the 2002 City Capital 6. The Second Collection Period portion of the Capital Debt Improvements Budget for the Citywide Parks/Playground Service Requirement is due and payable during the period Improvements for the MLK Splash Pool. The loan will be repaid commencing January 1, 2004, and ending June 30, 2004, when Bond Anticipation Notes or Bonds are issued From To Account Repayment Date 2002-03 and 2003-04 assessments from $368,900 to Total $285,000. General Capital Projects 37400106 May 2004 Mrs. LoTempio Moved: $300,000 That the communication from the Commissioner of Fund Fund Assessment and Taxation, dated July 2, 2003, be received and Pursuant to the City's Capital Budget/Debt Management Policy, filed; and the City expects to issue bonds through the City of Buffalo That the Corporation Counsel be, and he hereby is authorized Oversight and Recovery Board in the amount of about to settle the 2002-03 and 2003-04 certiorari proceedings on $22,500,000 for City Projects during the Fiscal Year 1281 Clinton Street by reducing the assessment from 2003/2004. Currently, there are zero City Projects with S368,900 to $285,000. outstanding interfund loans. If this current request is approved, Passed. the City will be committed to three hundred thousand dollars AYES - 13 - NOES - 0 ($300,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2003/2004 debt issue will No. 22 be limited to $22,200,000. Certificate of Appointment Bonds to be issued Fiscal Year 2003/2004 Appointment Effective: July 1, 2003 in the Department of $ 22,500,000 Assessment and Taxation to the Position of Assessor Approved Interfund Loans PERMANENT APPOINTMENT Intermediate Starting Salary of 0 $42,246 David G. Gillig 137 Hollywood Ave Buffalo NY 14213 $ 22,500,000 REFERRED TO THE COMMITTEE ON CIVIL SERVICE LESS: Current request* FROM THE COMMISSIONER OF MANAGEMENT $ 300,000* INFORMATION SYSTEMS Balance available for F/Y 2003/2004 $22,200.000 No. 23 *Please be advised that once an interfund loan has been Certificate of Appointment approved, the City is committed to the total cost of the project Appointment Effective: June 30,2003 in the Department of MIS regardless of the amount advanced. to the Position of DIRECTOR OF DATA PROCESSING Mrs. LoTempio Moved: PROVISIONAL APPOINTMENT MAXIMUM Starting Salary That the above communication from the Comptroller dated July of: $62,910 3, 2003, be received and filed; and RAJENDER MEHTA 151 SHENANDOAH BUFFALO 14220 That the Comptroller be, and he hereby is authorized to make REFERRED TO THE COMMITTEE ON CIVIL SERVICE an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000 against the No. 24 2002 City Capital Improvements Budget for the Citywide Certificate of Appointment Parks/Playground Improvements for the Martin Luther King Appointment Effective: JUNE 9, 2003 in the Department of Splash Pool. The loan will be repaid when Bond Anticipation MIS to the Position of SYSTEM SUPPORT ANALYST Starting Notes or Bonds are issued. Salary of: $40,894 PROVISIONAL APPOINTMENT Passed Intermediate AYES - 13 - NOES - 0 PAUL SPRINGER 569 AUBURN AVE BUFFALO NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 19 Certificate of Appointment FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS Appointment Effective: June 30, 2003 In the Department of: AND STREETS Audit and Control Division of: Audit to the Position of: Principal Auditor Permanent Appointment at the: Intermediate Starting No. 25 Salary of: Report of Bids $ 49,327 City Hall, Phase 2 Arthur Jakubowski 133 Admiral Road Buffalo, NY 14216 Main Entrance Steps, Walls & REFERRED TO THE COMMITTEE ON CIVIL SERVICE Site Renovations Job No. 0342 NO. 20 I advertised for on June 10, 2003 and received the following Certificate of Appointment sealed formal proposals for City Hall, Phase 2, Main Entrance Appointment Effective: July 1, 2003 in the Department of Audit Steps, Walls and Site Renovations, Job No. 0342, which were and Control Division of Accounting to the Position of Principal publicly opened and read on June 25, 2003. Accountant Summit Construction Temporary Appointment at the: Maximum Starting Salary of: $111,500.00 $53,458 6 Lancaster Pky, Lancaster, NY Albert J. Renzoni 20 Brost Drive Buffalo NY 14220 Allgaier Construction REFERRED TO THE COMMITTEE ON CIVIL SERVICE $117,800.00 4790 Thompson, Clarence, NY FROM THE COMMISSIONER OF ASSESSMENT AND The Peyton Barlow Co. TAXATION $119,200.00 360 Delaware, Buffalo, NY No. 21 I hereby certify that the foregoing is a true and correct Certiorari Proceedings statement of all bids received and that Summit Construction, John Philip Tarantino, Jr. with a bid of One Hundred Eleven Thousand Five Hundred and 1281 Clinton Street 00/100 Dollars ($111,500.00) is the lowest responsible bidder This is to advise that the owner, John Philip Tarantino, Jr., in accordance with the plans and specifications. instituted certiorari proceedings on1281 Clinton Street, I recommend that Your Honorable Body authorize the Buffalo, New York, regarding the assessments for fiscal years Commissioner of Public Works, Parks & Streets to order the 2002-03 and 2003-04. The assessment was reviewed by the work on the basis of the low bids. Funds for this project are Department and the owner expressed a willingness to settle available in CPF 36322206 445100 - Buildings. the proceedings. Mrs. LoTempio Moved: The final assessment for fiscal years 2002-03 and 2003-04 That the above communication from the Commissioner of was $368,900 for each year. The owner is agreeable to a Public Works, Parks and Streets dated June 30, 2003, be settlement, which would result in a reduction to $285,000 for received and filed; and the 2002-03 and 2003-04 tax years on 1281 Clinton Street. The That the Commissioner of Public Works, Parks and Streets, taxpayer would be entitled to a refund of $3,037.28 for be, and he hereby is authorized to award a contract for City 2002-03. The 2003-04 tax would be reduced from $13,743.72 Hall, Phase 2, Main Entrance Steps, Walls and Site to $10,617.94. The property was sold in May, 2003 for Renovations, Job No. 0342, to Summit Construction, the $242,000. lowest responsible bidder, in the amount of $111,500.00. Based on a review of the current market value of the property, I Funds for the project are available in CPF 36322206 445 100 - feel this settlement would be in the best interest of the City. I Division of Buildings. recommend this settlement, in which the Department of Law Passed. concurs. AYES - 13 - NOES - 0 The proposed settlement is subject to approval by Your Honorable Body. I, therefore request that the Corporation No. 26 Counsel be authorized to settle the 2002-03 and 2003-04 Report of Bids certiorari proceedings on 1281 Clinton Street by reducing the Engine 38/Ladder 13 Roof Reconstruction Job No. 0323 The Hadala Corp. $111,000.00 I advertised for on June 17, 2003 and received the following 325 Grote, Buffalo, NY sealed formal proposals for Engine 38/Ladder 13, Roof Nichter Associates, Inc. $133,000.00 Reconstruction, which were publicly opened and read on July 3435 Harlem, Cheektowaga, NY 1, 2003. I hereby certify that the foregoing is a true and correct Progressive Roofing statement of all bids received and that Allgaier Construction 331 Grote, Buffalo, NY $109,725.00 Corp., with a bid of Eighty Six Thousand Nine Hundred and Weaver Roofing 00/100 Dollars ($86,900.00) is the lowest responsible bidder in 40 Appenheimer, Buffalo, NY $116,300.00 accordance with the plans and specifications. Jameson Roofing I recommend that Your Honorable Body authorize the 3761 E Lake, Dunkirk, NY $129,860.00 Commissioner of Public Works, Parks & Streets to order the Jos. A. Sanders & Sons work on the basis of the low bids. Funds for this project are 99-117 Lathrop, Buffalo, NY $144,556.00 available in CPF 36321606 445100 - Buildings. Grove Roofing Mrs. LoTempio Moved: 131 Reading, Buffalo, NY $158,800.00 That the above communication from the Commissioner of I hereby certify that the foregoing is a true and correct Public Works, Parks and Streets dated June 30, 2003, be statement of all bids received and that Progressive Roofing, received and filed; and with a bid of One Hundred Nine Thousand Seven Hundred That the Commissioner of Public Works, Parks and Streets, Twenty Five and 00/100 Dollars ($109,725.00) is the lowest be, and he hereby is authorized to award a contract for responsible bidder in accordance with the plans and Kleinhans Music Hall, Phase IX, Office Interior Alterations, Job specifications. No. 0347, to Allgaier Construction Corp., the lowest I recommend that Your Honorable Body authorize the responsible bidder, in the amount of $86,900.00. Funds for the Commissioner of Public Works, Parks & Streets to order the project are available in CPF 36321606 445 100 - Division of work on the basis of the low bids. Funds for this project are Buildings. available in CPF 36322206 445100 - Buildings. Passed. Mrs. LoTempio Moved: AYES - 13 - NOES - 0 That the above communication from the Commissioner of Public Works, Parks and Streets dated July 2, 2003, be No. 29 received and filed; and Report of Bids That the Commissioner of Public Works, Parks and Streets, Kleinhans Music Hall - Phase IX be, and he hereby is authorized to award a contract for Engine Site Improvements 38/Ladder 13, Roof Reconstruction, to Progressive Roofing, Job No. 0347 the lowest responsible bidder, in the amount of $109,725.00. I advertised for on June 17, 2003 and received the following Funds for the project are available in CPF 3 6322206 445 100 - sealed formal proposals for Kleinhans Music Hall, Phase IX, Division of Buildings. Site Improvements, which were publicly opened and read on Passed. June 30, 2003. AYES - 13 - NOES - 0 Thomann Asphalt Paving Corp. $43,750.00 56 Gunnville Rd., Lancaster, NY No. 27 The Peyton Barlow Co. $56,500.00 Report of Bids 360 Delaware, Buffalo, N Fronczak Branch Library The Hadala Corp. $77,700.00 HVAC Replacement 325 Grote, Buffalo, NY Job No. 0334 Nichter Associates, Inc. $78,000.00 I advertised for on June 10, 2003 and received the following 3435 Harlem, Cheektowaga, NY sealed formal proposals for the Fronczak Branch Library, I hereby certify that the foregoing is a true and correct HVAC Replacement, which were publicly opened and read on statement of all bids received and that Thomann Asphalt July 1, 2003. Paving Corp., with a bid of Forty Three Thousand Seven R P Mechanical $94,449.00 Hundred Fifty and 00/100 Dollars ($43,750.00) is the lowest 7165 Genesee, Springville, NY responsible bidder in accordance with the plans and D V Brown & Associates $99,189.00 specifications. 567 Vickers, Tonawanda,I recommend that Your Honorable Body authorize the NY Commissioner of Public Works, Parks & Streets to order the I hereby certify that the foregoing is a true and correct work on the basis of the low bids. Funds for this project are statement of all bids received and that R P Mechanical, with a available in CPF 34322206 445100 - Buildings. bid of Ninety Four Thousand Four Hundred Forty Nine and Mrs. LoTempio Moved: 00/100 Dollars ($94,449.00) is the lowest responsible bidder in That the above communication from the Commissioner of accordance with the plans and specifications. Public Works, Parks and Streets dated June 30, 2003, be I recommend that Your Honorable Body authorize the received and filed; and Commissioner of Public Works, Parks & Streets to order the That the Commissioner of Public Works, Parks and Streets ' work on the basis of the low bids. Funds for this project are be, and he hereby is authorized to award a contract for available in CPF 36321706 445100 - Buildings. Kleinhans Music Hall, Phase IX, Site Improvements, Job No. Mrs. LoTempio Moved: 0347, to Thomann Asphalt Paving Corp., the lowest That the above communication from the Commissioner of responsible bidder, in the amount of $43,750.00. Funds for the Public Works, Parks and Streets dated July 2, 2003, be project are available in CPF 34322206 445100 -Division of received and filed; and Buildings. That the Commissioner of Public Works, Parks and Streets, Passed. be, and he hereby is authorized to award a contract for AYES - 13 - NOES - 0 Fronczak Branch Library, HVAC Replacement, Job No. 0334, to R P Mechanical, the lowest responsible bidder, in the No. 30 amount of $94,449.00. Funds for the project are available in Report of Bids CPF 36321706 445 100 - Division of Buildings. Martin Luther King Jr. Park Passed. Splash Pad AYES - 13 - NOES - 0 I have previously requested and received permission to take bids for the above project, Item 32, CCP 7/10/01. 1 advertised No. 28 on May 21, 2003 and have received the following bids for the Report of Bids construction of Martin Luther King Jr. Park Spray Pad, which Kleinhans Music Hall - Phase IX were publicly opened and read on June 11, 2003. Office Interior Alterations General Job No. 0347 Contractor Base Bid Add Add Add I advertised for on June 17, 2003 and received the following Add sealed formal proposals for Kleinhans Music Hall, Phase IX, Alt.1 Alt.2 Alt.3 Office Interior Alterations, which were publicly opened and read Alt.4 on June 30, 2003. Visone Construction, Inc. $684,000 $9,250 $3,500 $3,000 Allgaier Construction $ 86,900.00 $4,150 4790 Thompson, Clarence, NY 79 Sheldon Avenue New Era Construction $ 90,300.00 Depew, New York 14043 200 Roosevelt, Tonawanda, NY Kirst Construction, Inc. $710,000 $9,200 $7,000 $No Bid C. H. Byron Co., Inc. $ 92,000.00 $5,000 100 James, Tonawanda, NY 7170 Boston State Road BRD, Inc. $ 95,900.00 North Boston, N.Y. 14110 82 Pearl St., Buffalo, NY Hadala Corporation $1,029,000 $9,400 $14,500 $15,000 The Peyton Barlow Co. $106,500.00 4,500 360 Delaware, Buffalo, NY 325 Grote Street 1 hereby certify that the foregoing is a true and correct Buffalo, New York 14207 statement of all bids received and that the following are the *C. Nichter, Inc. lowest responsible bidders in accordance with the plans and 344 Vulcan specifications: Buffalo, New York 14207 General Construction: Rodems Construction, with a Base Bid *Bid Withdrawn of $1,524,000, add Alternate #4 of $6,000, add Alternate #7 Deduct $8,000, for a total of $1,538,000. Alt.1 Electrical Work: Frey Electric Construction, with a Base Bid of Visone Construction, Inc. $18,000 $55,000, add Alternate #I of $0, for a total of $5 5,000. Kirst Construction, Inc. $5,000 The total bid price is $1,593,000. Total estimate for this work Hadala Corporation $8,000 was $1,900,000. Electrical Contractor Base Bid 1 recommend that Your Honorable Body authorize the Tunney Electric $23,400 Commissioner of Public Works, Parks & Streets to order the 8565 Roll Road work o basis of the low bids. Funds for this project are available Clarence Center, N.Y.14032 in Division of Buildings Capital Account. Weydman Electric Mrs. LoTempio Moved: 747 Young Street That the above communication from the Commissioner of Tonawanda, N.Y. 14150 $36,747 Public Works, Parks and Streets dated July 1, 2003, be I hereby certify the foregoing is a true and correct statement of received and filed; and the bids received and that Visone Construction, 79 Sheldon That the Commissioner of Public Works, Parks and Streets, Avenue, Depew, New York 14043 is the lowest responsible be, and he hereby is authorized to award contracts for Shea's General Contractor in the amount of $703,900 (Base bid plus Performing Arts Center, Phase 1, Exterior Restoration - East add alternates 1-4); and that Tunney Electric, 8565 Roll Road, Wall & Main Street Facade, to the lowest responsible bidders, Clarence Center, New York 14032 is the lowest responsible for General Construction to Rodems Construction with a Base electrical contractor in the amount of $23,400; in accordance Bid of $1,524,000, add Alternate #4 of $6,000, add Alternate with the plans and specification; and that the total of the #7 for $8,000 for a total of $1,538,000, for Electrical Work to contracts is $737f300- Frey Electric Construction, with a Base Bid of $55,000, add I also request that your Honorable Body approved the Alternate #1 or $0, for a total of $55,000. Funds for the project acceptance of $100,000 from the County of Erie towards the are available in Division of Buildings Capital Account. project cost. Passed. I request that Your Honorable Body authorize the AYES - 13 - NOES - 0 Commissioner of Public Works, Parks and Streets to order the work on the basis of the low base bids and alternates. Funds No. 32 for this work are available in Bond Accounts 34640606, and Change in Contract Bond Funds to be sold. 35640206 Change Order 91 Mrs. LoTempio Moved: Storm Damage Sidewalk Repair - 2002 That the above communication from the Commissioner of Phase 11, Group 9609 Public Works, Parks and Streets dated June 20, 2003, be I hereby submit to Your Honorable Body the following received and filed; and change in contract for the project reference above. This That the Commissioner of Public Works, Parks and Streets, work is being done at the request of the Commissioner of be, and he hereby is authorized to award contracts for the Public Works, Parks & Streets to include additional construction of Martin Luther King Jr. Park Splash Pad, to the hazardous tree root and storm damaged sidewalk areas. The lowest responsible bidders, for General Contractor to Visone final cost of the work will be based on unit prices and Construction in the amount of $703,900 (Base Bid plus add the actual materials involved in this work. alternates 104), for Electrical Contractor to Tunney Electric in Change Order #1 the amount of $23,400.00. Funds for the project are available in Contract Description Unit Bond Accounts 34640606, 35640206 and Bond Funds to be Item sold. That the Commissioner of Public Works, Parks and 02.110 Unclassified Excavation Cu.Yd Streets, be, and he hereby is authorized to accept $ 100,000 R05.204 Concrete Sidewalk 4" –Replace Sq.Ft from the County of Erie to be applied to the cost of the project. 12.110 Maintenance & Protection of Lump Sum Passed. Traffic AYES - 13 - NOES - 0 613.0101 Topsoil Cu,Yd. 09.812 Water Service Box – Top Each No. 31 Section, Install/Replace Report of Bids Contract Unit Price Quantity Cost Shea's Performing Arts Center, Phase I Item . Exterior Restoration-East Wall & 02.110 $1.00 50 $50.00 Main Street Fagade .R05.204 $3.45 13,000 $44,850.00 Job No. 0335 12.110 $500.001$500.00 I advertised for on May 1, 8, 15, 22, 2003 and received the 613.0101 $35.00 50 $1,750.00 following sealed formal bids for Shea's Performing Ai Center, 09.812 $25.00 3 $75.00 Phase 1, Exterior Restoration-East Wall & Main Street Fagade, Total which were publicly opened and read on J, 27,2003. $47,225.00 Copy available in the City Clerks office for review Contract Summary Alternate 1: Provide the Blade Sign, including cover and Original Contract Amount collars. $118,475.00 Alternate 2: Provide all new steel fire escape members Change Order #1 and related components, fasteners, etc. with a $47,225.00 hot dip galvanized (unpainted) finish. Total Contract Alternate 3: Provide all new steel fire escape members $165,700.00 and related components, fasteners, etc. with I therefore request that Your Honorable Body approve this hop dip galvanized steel with a painted finish. change in contract as referenced above and authorize the Alternate 4: Provide counter-balanced bottom stair run of Commissioner of Public Works to issue such change order. new fire escape in lieu of fixed bottom stair Monies are available in Capital Projects Fund run. Finish shall be ungalvanized steel with a #30057406445100. painted finish. Mrs. LoTempio Moved: Alternate 5: Provide counter-balanced bottom stair run of That the above communication from the Commissioner of new fire escape in lieu of fixed bottom stair Public Works, Parks and Streets dated June 30, 2003, be run. Finish shall be dip galvanized steel received and filed; and (unpainted). That the Commissioner of Public Works, Parks and Streets be, Alternate 6: Provide counter-balanced bottom stair run of and he hereby is authorized to issue change order No. 1, an new fire escape in lieu of fixed bottom stair increase in the amount of $47,225.00, as more fully described run. Finish shall be dip galvanized steel with a in the above communication, for work relating to Storm Damage painted finish. Sidewalk Repair -2002, Phase 11, Group #609. Funds for this Alternate 7: Replace existing bottom pivots mortised into project are available in Capital Projects Fund existing floor at doors indicated on drawings. 30057406-445100. Include all remo,, And associated patching/fill. Passed *BRD, Inc. indicated in writing to us that there was a math error AYES - 13 - NOES - 0 in their bid and they wish to withdraw, therefore, Rodem, Construction, is the lowest responsible bidder for General No. 33 Construction. Change in Contract Copy available in the City Clerks office for review Overlay of City Pavements - 2002, Gr. #604 I Janik Paving, Inc. Contract #92010685 Erie County Sewer District #6 I hereby submit to our Honorable Body the following unit Union Ship Canal Storm Water Service price additions for the subject contract. This change order is Permission is being requested from Your Honorable Body to necessary for our department to mill and overlay from Hertel authorize the City of Buffalo to enter into all necessary Avenue - Starin Avenue to Main Street. agreements with Erie County Sewer District #6 to facilitate The paving of Hertel Avenue is being done in conjunction with storm water service and other necessary infrastructure the Buffalo Sewer Authority project that is currently requirements. A similar resolution is being filed with the Erie installing a 60-inch sewer main in the same area. This County Legislature for their approval. pavement section had a rating of 94 - "Poor" - prior to the The project is being funded thru the N.Y. State Multi Modal sewer Program and construction is expected to start later this project. summer. The roadways in the development will be dedicated Copy available in City Clerks Office for review City streets and associated storm water will be conveyed directly to the Union Ship Canal as shown on the attached Contract Amount to Date:exhibit "A". $651Mrs. LoTempio Moved: ,514.74 That the above communication from the Commissioner of Changer Order # 1 $ Public Works, Parks and Streets dated July 3, 2003 be 117,749.00 received and filed; and Total ContractThat the Commissioner of Public Works, Parks and Streets be, $769and he hereby is authorized to enter into all necessary ,263.74 agreements with Erie County Sewer District #6 to facilitate storm water service and other necessary infrastructure Funds are available in our Capital Projects Account requirements. Funds for this project is being funded through #30032106-445100. If you have any further questions the New York State Multi Modal Program. regarding the Passed. above, please contact Michael J. Zera of our Construction AYES - 13 - NOES - 0 Section at 851-5864. 1 respectfully certify that this change order is fair and No. 36 equitable for the work involved, and respectfully request that Certificate of Appointment your Appointment Effective: 6/25/03 in the Department of Public Honorable Body approve the subject change order and Works Parks & Streets Division of Parks to the Position of authorize the Commissioner of Public Works to issue said Account Clerk-Typist Provisional Appointment at the: Maximum change Starting Salary of: $27,859 order to Janik Paving, Inc. Nicole M. Savage 207 West Ferry Buffalo, NY 14213 Mrs. LoTempio Moved: REFERRED TO THE COMMITTEE ON CIVIL SERVICE That the above communication from the Commissioner of Public Works, Parks and Streets dated July 3, 2003, be No. 37 received and filed; and Certificate of Appointment That the Commissioner of Public Works, Parks and Streets be, Appointment Effective: 7/ 2/03 in the Department of Public and he hereby is authorized to issue change order No. 1, to Works Parks & Streets Division of Streets to the Position of Janik Paving, Inc., an increase in the amount of $117,749.00, Director of Street Cleaning & Snow Removal Exempt as more fully described in the above communication, for work Appointment at the. Flat Starting Salary of: $ 58,542 relating to Overlay of City Pavements - 2002, Group #604. Steven Stepniak 152 Dorrance Buffalo, NY 14218 Funds for this project are available in Capital Projects Account REFERRED TO THE COMMITTEE ON LEGISLATION, THE #30032106-445 100. CORPORATION COUNSEL AND THE DIRECTOR OF Passed COLLECTIONS AYES - 13 - NOES - 0 NO. 38 No. 34 Certificate of Appointment Change in Contract Appointment Effective: 7/ 2/03 in the Department of Public, Police Precinct B Annex Works Parks & Streets Division of Streets to the Position of Main St. Fagade Restoration Director of Street Sanitation Provisional Appointment Flat at Job No. 0221 the: Starting Salary of: $58,542 I hereby submit to Your Honorable Body the following changes John Scardino 47 Coburg St. Buffalo, NY 14216 for Job No. 0221, Police Precinct B Annex, Main St. Fagade REFERRED TO THE COMMITTEE ON LEGISALATION, Restoration, C #92010677. CORPORATION COUNSEL AND THE DIRECTOR OF 1. Remove existing deck and replace with Type B COLLECTIONS in kind painted decking (approx 160 sq. ft.). Add $2,000.00 The foregoing change results in a net increase in the contract FROM THE COMMISSIONER OF POLICE of Two Thousand and 00/100 Dollars ($2,000.00). Summary: NO. 39 Current Contract Amount INFORMATIONAL: APPOINTMENT OF CHIEFS $72,300.00 This is an informational only to notify your Honorable Body, as Amount of This Change Order (#1) Add a matter of record, that I have appointed the following $2,000.00 individuals to service in the capacity as Chief: Revised Contract Amount George M. Loncar $74,300.00 140 Pontiac Street Costs have been reviewed by the Consulting Architect (Foit Buffalo, NY 14206 Albert Associates) and the Department of Public Works, Parks Effective Date of Appointment: July 1, 2003 Salary: & Streets and were found to be fair and equitable. Funds for Claudia Childs this work are available in CPF 35320306 445100 - Division of 50 Applewood Road Buildings. Cheektowaga, NY 14225 I request that Your Honorable Body authorize the Effective Date of Appointment: July 1, 2003 Salary: Commissioner of Public Works, Parks & Streets to issue a I feel that these individuals are duly qualified candidates for the change order to the contractor as set forth above. position of Chief. Mrs. LoTempio Moved: RECEIVED AND FILED. That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2003, be NO. 40 received and filed; and L. RUSSO-CONCERNS-SPEEDING-STERLING AVENUE That the Commissioner of Public Works, Parks and Streets be, ITEM #79, C.C.P. JUNE 24,2003 and he hereby is authorized to issue change order No. 1, an I have instructed Inspector William Misztal, of D District, along increase in the amount of $2,000.00, as more fully described in with Captain Fred Young of the Traffic Division to have their the above communication, for work relating to Job No. 022 1, officers pay particular attention to this area. They will be Police Precinct B Annex, Main Street Faqade Restoration. monitoring for any violation of the vehicle and traffic laws Funds for this project are available in CPF #35320306 445 100 including the commercial vehicle regulations relating to truck - Division of Buildings. traffic. Passed REFERRED TO THE SPECIAL COMITTEE ON POLICE AYES - 13 - NOES - 0 REORGANIZATION No. 35 NO. 41 Permission to Enter into Agreements CERTIFICATE OF APPOINTMENT Pursuant to Chapter 254 of the City of Buffalo Ordinances, Appointments effective June 16, 2003 in the Department of please be advised that I have examined the attached Police, to the position of Report Technician, Permanent application for a Second Hand Dealer License located at 1121 Appointment, at the Intermediate Starting Salary of $27,309. East Lovejoy and find that as to form is correct. I have caused Katherine E. Milks an investigation into the premises for which said application for 409 Abbott Road a second hand dealer license is being sought and according to Buffalo, NY 14220 the attached reports from the Zoning Office, Fire Department Desirae Greene and Building Inspections, I find it complied with all regulations 324 Pine Street and other applicable laws. I have caused an investigation by the Buffalo, NY 14204 Police Department into the moral. character of Dawn Dunkle. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. The attached thereto for Dawn Dunkle d/b/a Carousel City Consignments. This request is submitted for your approval or FROM THE CORPORATION COUNSEL whatever action you deem appropriate. Mrs. LoTempio moved: NO. 42 That the above communication from the Commissioner of DRAFT LIVING WAGE ORDINANCE Permit and Inspection Services dated June 19, 2003 be Upon discussions and review of proposed legislation received and filed; prepared by the Coalition for Economic Justice, my office has That pursuant to Chapter 254 of the City Code, the prepared a draft living wage ordinance which would be Commissioner of Permit and Inspection Services be, and he acceptable to the Law Department. It is attached hereto for your hereby is authorized to grant a Second Hand Dealer license to consideration. This version has not been approved as to form Dawn Dunkle, d/b/a Carousel City Consignments located at and is being submitted in draft form only for the purposes of 1121 East Lovejoy. discussion. PASSED. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES-13. NOES-0. NO. 43 NO. 48 REVIEW OF NOMINEES FOR USED CAR DEALER APPOINTMENT-BOARD OF HEATING 2660 BAILEY EXAMINERS Pursuant to Chapter 254 of the City of Buffalo Ordinances, C.C.P., 6/10/03, NO. 2 please be advised that I have examined the attached The Corporation Counsel conferred with the Division application for a Used Car Dealer License located at 2660 of Collections and reports (as verified by that Division as of Bailey and find that as to form is correct. I have caused a June 23, 2003) that the following nominees to the Board of investigation into the premises for which said application for a Heating Examiners has no outstanding debts to the City: used car dealer license is being sought and according to the Mark Overfield attached reports from the Zoning Office, Fire Department and RECEIVED AND FILED. Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an 'Investigation by the NO. 44 Police Department into the moral character of Huey Gunn. The REVIEW OF NOMINEES FOR attached thereto for Huey Gunn d/b/a Don's Quels Auto Sales, APPOINTMENT AND RE-APPOINTMENT This request is submitted for you approval or whatever action BUFFALO ENVIRONMENTAL MANAGEMENT you deem appropriate. COMMISSION REFERRED TO THE COMMITTEE ON LEGISLATION. C.C.P., 6/10/03, NO. 1 The Corporation Counsel conferred with the Division NO. 49 of Collections and reports (as verified by that Division as of USED CAR DEALER June 23, 2003) that the following nominees to the Buffalo 2677 DELAWARE Environmental Management Commission has no outstanding Pursuant to Chapter 254 of the City of Buffalo Ordinances, debts to the City: please be advised that I have examined the attached John Kolaga application for a Used Car Dealer License located at 2677 Dr. John E. Vena Delaware and find that as to form is correct. I have caused a Cynthia A. Schwartz investigation into the premises for which said application for a Bruce Coleman used car dealer license is being sought and according to the RECEIVED AND FILED. attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with al regulations and FROM THE COMMISSIONER OF PERMIT & INSPECTION other applicable laws. I have caused an investigation by the SERVICES Police Department into the moral character of E. Roger Tunmore. The attached thereto for E. Roger Tunmore d/b/a NO. 45 Tunmore Oldsmobile Inc. This request i~ submitted for your NIAGARA MOHAWK UTILITY POLES approval or whatever action you deem appropriate. I would like to provide your honorable body with the following REFERRED TO THE COMMITTEE ON LEGISLATION. information: The Department of Permit and Inspection Services has no jurisdiction in regards to the poles on the public right of NO. 50 way. The governing documents for Electrical installations is the USED CAR DEALER National Electrical Code which clearly exempts any utility from 835 SYCAMORE having to comply with the requirements of the National Pursuant to Chapter 254 of the City of Buffalo Ordinances, Electrical Code. The Public Service Commission and/or the please be advised that I have examined the attached Department of Public Works would have to inspect these poles application for a Used Car Dealer License located at 835 for Public Safety. Sycamore and find that as to form is correct. I have caused an REFERRED TO THE COMMITTEE ON LEGISLATION. investigation into the premises for which said application for a used car dealer license is being sought and according to the NO. 46 attached reports from the Zoning Office, Fire Department and RESTAURANT DANCE CLASS IV Building Inspections, I find it complies with all regulations and 391 ELLICOTT other applicable laws. I have caused an investigation by the Pursuant to Chapter 150 of the City of Buffalo Ordinances, Police Department into the moral character of Johnny please be advised that I have examined the attached Thompson. The attached thereto for Johnny Thompson d/b/a application for a Restaurant Dance Class IV License located at Street Stylz Auto Sales. This request is submitted for your 391 Ellicott and find that as to form is correct. I have caused an approval or whatever action you deem appropriate. investigation into the premises for which said application for a REFERRED TO THE COMMITTEE ON LEGISLATION. Restaurant Dance Class IV license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all FROM THE COMMISSIONER OF ADMINISTRATION AND regulations and other applicable laws. I have caused an FINANCE investigation by the Police Department into the moral character of Bart M. Williams Jr. The attached thereto for Bart M. NO. 51 Williams Jr. d/b/a Odyssey Entertainment Complex. This ITEM #68,C.C.P.JUNE 24, 2003&RIVATIZING TOWING) request is submitted for your approval or whatever action you ITERN #14, C.C.P.JUNE 24,2003)ABATEMENT OF deem appropriate. UNCOLLECTABLE ACCOUNTSRECEIVABLES) REFERRED TO THE COMMITTEE ON LEGISLATION. In response to (Item #68,C.C.P. June 24, 2003) Towing-Proposal-Privatizing Towing for the City of Buffalo. The NO. 47 Budget Department and Director Sciolino of Parking SECOND HAND DEALER Enforcement have been working on Privatizing the towing and 1121 EAST LOVEJOY storage services for the past few months. We have met with a number of operators that can provide both towing and storage the agreement. This reduction will be accomplished through services. I have spoken with Kathy Fitzpatrick from Purchasing attrition semi-annually over an 18-month period provided that at and she is in the process of preparing a draft RFP for Council least three members leave by December 31, 2003, an Review. At that time we will share our information with council additional four members leave by June 30, 2004, and further an for their input. As you know Dart Street has structural issues additional five members leave by December 31, 2004. along with an interest from the private sector to purchase the Concessions include elimination of minimum manpower levels, facility. (which will significantly reduce overtime expenditures), Item #,C.C.P. June 24,2003 "Abatement of Uncorrectable elimination of annual holiday pay, reduction in the minimum Accounts Receivable (Compt) The Budget Department court time pay, employee contribution to the cost of medical suggests that since the Comptrollers office has these details, insurance as well as a three-tier drug prescription rider. that they already have the historical information the Council is Additionally, the BMHA will have greater flexibility in shift requesting. Please let the Budget Office know when the assignments. The agreement further stipulates no wage information becomes available for review. At that time we will increase for the first two years of the contract and a 3% address the information with Council. increase the third year to be effective July 1, 2004. REFERRED TO THE COMMITTEE ON FINANCE. There will be no cost to the City of Buffalo or the BMHA to implement this agreement. In addition, it will provide a net NO. 52 reduction of approximately $756,693 in expenditures for the APPOINTMENT- KATHLEEN FITZPATRICK term of this agreement, as well as significant savings once the DIRECTOR OF PURCHASE workforce reduction plan is completed. EXEMPT The Board of Commissioners of the Authority approved the I, James B. Milroy, hereby appoint Kathleen Fitzpatrick to the Memorandum of Agreement at a special board meeting held on exempt position of Director of Purchase in the Division of June 30, 2003. A certified extract of the minutes of the meeting Purchase effective July 1, 2003. is attached. RECEIVED AND FILED. It is imperative that your Honorable Body approves this agreement as expeditiously as possible. Implementation of the NO. 53 contractual changes is necessary in order to avoid mass layoffs CERTIFICATE OF APPOINTMENT of Public Safety personnel. Thank you for your consideration in Appointment Effective: July 1, 2003 in the Department of this matter. Administration & Finance, Division of Inventory & Stores Mrs. LoTempio moved: to the Position of Associate Account Clerk, Permanent That the above communication from the Buffalo Municipal Appointment at the Starting Salary of $28,896.07. Housing Authority dated July 1, 2003 be received and filed; and Kathryn Barker That the Memorandum of Agreement between the Buffalo 246 Prospect Ave. Municipal Housing Authority and C.S.E.A., Local 815, Buffalo, NY 14201 representing Public Safety Unit employees of the BMHA, for REFERRED TO THE COMMITTEE ON CIVIL SERVICE. the contract period July 1, 2002 through June 30, 2005; effective July 3, 2003, be and hereby is approved and ratified. Passed. FROM THE COMMISSIONER OF HUMAN RESOURCES AYES-13. NOES-0. NO. 54 FROM THE CITY CLERK "K. LIGHTEN-REQ. EXC. MODIFIED ACCOMM. -ADMISSIONS TESTINGS, CURRICULUMS, CIV. SV. No. 57 TEST./EXAMS." Minutes of the Board of Ethics (ITEM NO. 74, C.C.P. 06/24/03 Present : Upon review of the above items, our department is able to Douglas Coppola respond to only one of the many issues addressed by Ms. James Magavern Lighten, namely, Civil Service testing. Eleanor Paterson When an applicant indicates that s/he is a Handicapped Charles Michaux III Person (there is an area on civil service applications to Excused : indicate) and needs special accommodations, the applicant is Michael Risman sent a letter requesting documentation from their physician David Hayes verifying the handicapping condition. Upon receipt, civil service Absent : staff reviews the information and the following occurs: Richard Sullivan If the individual needs special accommodations at the test site, Item #1 Roll Call i.e. wheelchair access, special lighting, specific height of Item #2 The board moved to accept the minutes of the April desk/chair, etc., our local staff makes the accommodations. 14, 2003 meeting. So moved by Eleanor Paterson, seconded If the individual needs special accommodations that involve test by James Magavern. All ere in favor and the minutes were material. i.e. large print, additional time to complete the test, received and filed. reader, etc. the request is sent to the NYS Department of Civil Item #3 The board discussed the list on non-files. It was Service for their review. If approved, local civil service staff will asked that Mr. Hayes send out letters to the non-filers proceed accordingly. informing them that to avoid hearings they need to submit their All other issues addressed by Ms. Lighten do not pertain to our annual disclosure statement to the City Clerk’s Office prior to department and appear to be issues that fall under State or Tuesday, May 27, 2003. After that time, Mr. Hayes would need Federal jurisdiction. to begin hearing procedures for the remaining non-filers. Mr. REFERRED TO THE COMMITTEE ON EDUCATION. Magavern suggested that the board confirm that all individuals receive first notice before starting the hearing process. Linda NO. 55 Andersen was asked to inform Mr. Hayes of the boards’ CERTIFICATE OF APPOINTMENT decision. The board also asked Mrs. Andersen give a final call Appointment Effective: July 1, 2003 in the Department of to the depts/divs. Having outstanding non-filers to allow these Human Resources, Division of Benefits to the Position of individuals one final chance to file without incident. Director of Benefits, Item #4 All items were received and filed by the board. Permanent Appointment at the flat starting salary of $49,643. Old Business: Tracy Healy-Barker Item #1 The board asked for verification that the letter was 238 Highgate Avenue completed and sent to Mr. McGurn. Mr. Michaux stated that he Buffalo, NY 14215 would find out who was responsible for distribution of the letter REFERRED TO THE COMMITTEE ON CIVIL SERVICE. and confirm that it had been send out. Item #2 The board left this item on the table for future review. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY Item 33 The board reviewed the request for travel form submitted by Mr. Michaux. Mr. Magavern suggested that the NO. 56 form be in two parts. One, requesting permission to travel to MEMORANDUM OF AGREEMENT include proposed budget and itinerary and two, the actual travel BMHA AND CSEA, LOCAL 815 expense report upon their return. We respectfully request that your Honorable Body consider and The next meeting of the Board of Ethics was set for Thursday approve the attached Memorandum of Agreement between the June 26, 2003 in room 1317 at 9:00 am BMHA and CSEA, Local 815, representing Public Safety Meeting adjourned employees. RECEIVED AND FILED The Memorandum of Agreement amends the existing contract NO. 58 between the parties and provides a successor Agreement for DISPOSITION OF RECORDS the period July 1, 2002, through June 30, 2005. The union Attached please find the following disposition of records from agreed to significant concessions in exchange for no layoffs the following departments. until at least December 31, 2003. HUMAN RESOURCES The contract stipulates that the workforce will be reduced by RECEIVED AND FILED a minimum of 12 bargaining unit members during the term of No. 59 Appointment Effective: July 1,2003 in the Department of Public Liquor License Applications Works, Parks,Streets Division of Recreation to the Position of Attached hereto are communications from persons applying Fee Collector SEASONAL APPOINTMENT MINIMUM for liquor licenses from the Erie County Alcohol Beverage Starting Salary of $6.25 Control Board. Santiago Aaron 464 West Utica Street Buffalo 14213 Address Business Name Owner's Name Certificate of Appointment 236 Delaware Alterations Patrick Kelleher Appointment Effective: June 2, 2003 in the Department of 494 Elmwood Mi Kien Giang Thai Quoc Banh Public Works Division of Parks to the Position of Fee Collector 230 Masten The Masten Eaton Lounge Frida Joyce Seasonal Appointment Minimum Starting Salary of $5.15 248 Allen Joseph Rubino Joseph Rubino Felschow III Robert 241 O’Connell Buffalo NY 14210 RECEIVED AND FILED Certificate of Appointment Appointment Effective: June 30, 2003 in the Department of No. 60 Public Works Parks & Streets Division of Engineering to the Leaves of Absence Without Pay Position of Laborer Il Seasonal Appointment Starting Salary of: I transmit herewith notifications received by me, reporting the $ 5.15 granting of the leaves of absence without pay, in the various Robin Robenolt 346 Pennsylvania St. Buffalo, NY 14201 departments as listed: Jamel M. Moman 238 Amherst St. Buffalo, NY 14207 Public Works, Streets & Parks- Peter Nicosia, Robert Boone, Certificate of Appointment Joseph Lunghino Appointment Effective: June 2, 2003 in the Department of Police- Brian Winnie, Jimmie Pitts, Ronnie Daniels, James Public Works Division of Recreation to the Position of Laborer Milroy, Todd Saffron II SEASONAL APPOINTMENT MINIMUM Starting Salary of Corporation Counsel- Karen Curtin $8.15 ph Management Information Systems Rai ender Mehta Kloepfer John 208 Starin Avenue Buffalo 14216 Administration and Finance- Kathleen Fitzpatrick Certificate of Appointment RECEIVED AND FILED. Appointment Effective: 6/23/03 in the Department of Public Works Parks & Streets Division of Engineering to the Position No. 61 of Laborer II Seasonal Appointment ,at the: Flat Starting Salary Reports of Attendance of: $ 8.15 I transmit herewith communications received by me, from Johnnie L. Davis 1256 Fillmore Ave. Buffalo, NY 14211 the various boards, commissions, agencies and authorities Anibal Sepulveda Jr 394 Plymouth Ave Buffalo NY 14213 reporting the membership attendance at their respective Certificate of Appointment meetings: Appointment Effective: July 1,2003 in the Department of Public Buffalo Sewer Authority Works, Parks, Public Works Division of Recreation to the RECEIVED AND FILED. Position of Lifeguard SEASONAL APPOINTMENT MINIMUM Starting No. 62 Salary of $6.25 Appointments-Mayor's Youth Opportunity & Employment Banas Jason 288 Esser Buffalo 14207 I transmit herewith appointments made in the Mayor's Youth Numeracki Tracey59 Gorski Buffalo 14206 Opportunities and Employments Programs. Ortiz Topacio 250 Niagara Buffalo RECEIVED AND FILED. Simmons Travis 50 Elmer Buffalo 14215 Certificate of Appointment Trimper John 56 Berkley Buffalo 14209 Appointment Effective: July 7, 2003 in the Department of Christine Wiz 99 East Lovejoy Buffalo 14212 Executive Lisa Wlostowski 212 Person St Buffalo 14212 Division of Mayor to the Position of Intern V Seasonal Rejeanna Wolfe 9 Yale Place Buffalo 14210 Non-Competitive at the: Flat Starting Salary of: $8.00 Jessica Woodrow 123 Niagara Falls Blvd Buffalo 14214 Sandra Szczpankiewicz 142 Ryan St Buffalo, NY 14210 Battenfeld Kerry 36 Brost Buffalo 14220 Certificate of Appointment Blyden Malik 164 Parkridge Buffalo 14215 Appointment Effective: July 7, 2003 in the Department of Boswell Darnell 277 Schuele Street Buffalo 14215 Executive Bowie Fred 450 Jefferson Buffalo 14204 Division of Mayor to the Position of Intern II Seasonal Clabuaex Brett 112 Ramona Buffalo 14220 Non-Competitive at the: Flat Starting Salary of: $5.15 Connors Elizabeth 152 Hamburg Buffalo 14204 Laneesha Eve 41 Dignity Circle Buffalo, NY 14211 Mattina Gabrielle 209 Hoyt Buffalo 14213 Jennifer Arroyo 163 Fargo Ave. Buffalo, NY 14201 McCabe Patrick 70 Sage Buffalo 14210 Megan Cervellera 34 Athol St. Buffalo, NY 14220 Suarez Rafael 67 Courtland Buffalo 14215 Kristin Hall 87 St. Florian Buffalo, NY 14207 Tirado David 12 Hertel Avenue Buffalo 14207 Lindsay Lehman 178 Elk St. Buffalo, NY 14210 Shire Abdikadir 309 Rhode Island Buffalo 14213 Christopher Meister 7 Ramsdell Ave. Buffalo, NY 14216 Simmons Jr. Terrance 50 Elmer Buffalo 1215 Traci Baggarozo 141 Crestwood Ave Buffalo, NY 14216 Steinwandel Justin 65 Oakhurst Buffalo 14220 Patrick Boland 92 Carlyle Ave. Buffalo, NY 14220 Stuckey Aaron150 Timon Buffalo 14208 Catherine McMahon 398 McKinley Pkwy Buffalo, NY 14220 Suarez Ramon 48 Alma Drive Buffalo 14215 Ashley Potenza 44 Agassiz Circle Buffalo, NY 14214 Nieduzak Jonathan 74 Cable Buffalo 14206 Lindsay Zolodos 408 Cumberland Ave. Buffalo, NY 14220 Padilla Melanie 6 Ashton Place Buffalo 14220 Michael Brennan 317 North Park Ave Buffalo, NY 14216 Pasciak John 420 McKinley Parkway Buffalo 14220 Lindsay Pajak 79 Frank Ave. Buffalo, NY 14210 Schultz Samantha 529 McKinley Parkway Buffalo 14220 Steven Merkling 161 Peter St. Buffalo, NY 14207 Seiner Rachelle 85 Aldrich Buffalo 14220 Derek Shelton 54 Vernon Pl. Buffalo, NY 14214 McMahon Joshua 81 Briggs Buffalo 14207 David Kafer 116 Huntley Buffalo, NY 14215 McPherson Jacob 122 Geary Buffalo 14210 Daneil McIntosh 158 St. Lawrence Buffalo, NY 14216 Moran David 171 Cantwell Buffalo 14220 Michael Robertson 115 Carlyle Buffalo, NY 14220 Nicotera Emily 106 Linwood Buffalo 14214 Bryan Bartkow±ak 28 Edgewood Ave. Buffalo, NY 14220 Niedzuak Alex 74 Cable Buffalo 14206 Courtney Collins 70 Phyllis Ave. Buffalo, NY 142215 Honan Elizabeth 32 Covington Buffalo 14216 Sean Murphy 12 Lockwood Ave. Buffalo, NY 14220 Jaeckle Justine 308 Esser Buffalo 14207 Marykate Oakley 134 Choate Ave. Buffalo, NY 14220 Kelly Erin 116 Portland Buffalo 14220 Nicholas Pellicore 615 St. Lawrence Ave. Buffalo, NY 14216 Logal John 55 Virgil Buffalo 14216 Charles Cannan 825 Tacoma Ave. Buffalo, NY 14216 McMahon Joseph 139 Hartwell Buffalo Aaron Livingston 217 Cambridge Ave. Buffalo, NY 14215 Echevarria Joel 308 Breckenridge Buffalo 14213 Natasha Simmons 929 Fillmore Ave. Buffalo, NY 14211 Flack Beth 95 McKinley Buffalo 14220 Jacqueline Wozniak 5 Wildwood Pl. Buffalo, NY 14210 Frydrychowski Jason 127 Fredro Buffalo 14206 Certificate of Appointment Garccia Lannette 442 Woodward Buffalo 14214 Appointment Effective: July 7, 2003 in the Department of Geary Donald 122 Geary Buffalo 14220 Executive Division of Mayor to the Position of Intern I Seasonal Golden Matthew 101 Louisiana Buffalo 14204 Non-Competitive at the: Flat Starting Salary of:$7.00 Gompah Michael 317 Plymouth Buffalo 14213 Danielle Powell 117 Texas St. Buffalo, NY 14215 Halligan Alexis 231 Cumberland Buffalo 14220 Hamilton Staci 91 Gatchell Buffalo 14212 No. 63 Heidinger Joshua 195 O'Connell Buffalo 14210 Notices of Appointments - Seasonal/Flat Cole Bradley 52 Barne Buffalo 14215 I transmit herewith certificates received by me, reporting Dickinson Kali 63 John Paul Court Buffalo 14206 seasonal and flat salary appointments made in various Doherty Caitlin 139 Wesley Buffalo 14214 departments. Doherty Meghann 139 Wesley Buffalo 14214 RECEIVED AND FILED. Doll William 1055 Tift Buffalo 14220 Certificate of Appointment Certificate of Appointment Appointment Effective: June 2,2003 in the Department of It has come to our attention that the local community group in Public Works Division of Recreation to the Position of the Elmwood Avenue area has presented a set of development Lifeguard SEASONAL APPOINTMENT MINIMUM Starting guidelines to be discussed at the June 17, 2003 legislative Salary of $6.25 ph meeting of the Buffalo Common Council. Our organization Olczak Andrew 23 Wyandotte Buffalo 14207 strongly feels that these guidelines Devine Patrick 63 Reiman Buffalo 14206 will be counter productive to the development and expansion of Frydychowski Rachael 127 Fredro Buffalo 14206 the commercial strip, especially during this time of financial Liska Julie 17 Matejko Buffalo 14206 difficulties that is currently facing, the City of Buffalo. We are McCullough Shayla 187 14th Street Buffalo 14213 familiar with the efforts of the Common Council and the McEwen Jenell 93 Gatchell Buffalo 14212 Masiello Administration to relax the Certificate of Appointment building and fire code restrictions, which have allowed for Appointment Effective: July 1,2003 in the Department of Public easier commercial development throughout the entire City of Works Division of Recreation to the Position of Supervising Buffalo. Our Association supports your efforts in commercial Lifeguard SEASONAL APPOINTMENT MINIMUM Starting development through relaxed building restrictions and we have Salary of $6.50 full confidence that you will Ray Brian 315 French Buffalo 14211 continue your mission towards the commercial and business Sanfilippo Joseph 222 Davey Buffalo 14206 Buffalo 14212 development throughout the City especially the Elmwood Strip. Ziolowski Jamie 287 Choate Buffalo 14220 The local community group claims that they represent the Nieves Rebecca 239 15th Street Buffalo 14213 entire Elmwood Avenue Community, however, The Elmwood Certificate of Appointment Business Association members feel that this group does not Appointment Effective: June 25,2003 in the Department of have the Public Works Division of Recreation to the Position of business owners' interest in mind. The business owners of the Lifeguard SEASONAL APPOINTMENT MINIMUM Starting Strip feel that the guidelines set forth by this community group Salary of. $6.25 will largely limit the growth, expansion and development on the Whitfield Darmel 1 Broadway Buffalo 14204 strip. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 64 Appointments - Temporary, Provisional or Permanent NO. 66 I transmit herewith Appointments in the various departments JOINT SCHOOL CONST. BD. made at the Minimum (Temporary, Provisional or Permanent) PROGRAM PACKAGING AND DEVELOPMENT SERVICES and for Appointments at the Maximum (as per contract (PPDS) PROVIDER requirements) . BOARD PACKET DOCUMENTS REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Attached are the following documents that were approved at Appointment Effective: July 1, 2003 in the Department of the June 24, 2003 Joint Schools Construction Board Meeting. Assessment and Taxation to the Position of Real Property Final Agenda for meeting dated June 24, 2003 Appraiser PERMANENT Meeting Minutes from JSCB Meeting dated June 11, 2003 APPOINTMENT Minimum Starting Salary of: $37,852 Application and Certificate for Payment No. 10 - June 2003 Brian A. Sullivan 168 Lafayette Avenue Buffalo NY 14213 Revised JSCB Schedule Certificate of Appointment Resource Planning Associates, Inc. Construction Contract Appointment Effective: 6/25/03 in the Department of Public Monitoring and Compliance Monthly Report for Integrated Works Parks & Streets Division of Buildings to the Position of Projects - June 2003. Laborer II Permanent Non-Competitive at the: Minimum Beviar & Associates Inc. Construction Contract Monitoring and Starting Salary of: Compliance Services Monthly Report for Dr. Lydia T. Wright $ 24,430 School of Excellence #89 - May 2003. David Lomax 107 Spauling St. Buffalo, NY 14220 Bevlar & Associates Inc. Construction Contract Monitoring and Certificate of Appointment Compliance Services Monthly Report for District Wide Appointment Effective: July 1,2003 in the Department of Public Technology Project - Phase I and Phase 11 - May 2003. Works, Parks, Public Works Division of Recreation to the PPDS Team Progress Report - May 2003 Position of The next meeting of the JSCB is scheduled for Monday, July Lifeguard PERMANENT APPOINTMENT MINIMUM Starting 21, 2003. Salary of $6.25 REFERRED TO THE COMMITTEE ON EDUCATION. Brady Jason 208 North Buffalo 14201 Munye Abukar 27 Olga Place Buffalo 14206 No. 67 Certificate of Appointment R. Cummings – Arc & Comm Appointment Effective: July 1,2003 in the Department of Public Central Station – Monitoring Works Division of Recreation to the Position of Supervising Of Public Schools Lifeguard TEMPORARY APPOINTMENT MINIMUM Since our conversation on 19JUN03, I have confirmed with Starting Salary of $6.50 our Central Station and it is still our opinion that Public Schools Berry Amber 136 Mercer Buffalo 14214 #38 & #53 have not been monitored since 09APRO3 as stated Capodicasa Gaetano 434 Seneca Street Buffalo 14204 in my previous letter to you. Our computer has the data stored Centinello Frank 253 Davey Buffalo 14206 to verify our opinion. The company responsible for monitoring Crespo Migdalia 379 Military Buffalo 14207 should be able to show you the day to day activity reports since Dmochowskii Jacnueline 119 Fleming Buffalo 14206 09APRO3 for both schools. This data should match the same Neuman Nathan 68 Shoreharn Buffalo 14216 information we have. Steele Danielle 24 Eden Buffalo 14220 As of today, our Central Station is presently receiving data Augustyn Eric 93 Baxter Buffalo 14207 transmission from only Public Schools #53. As a reminder, Roulhac Cordell 405 Jersey Buffalo 14213 starting tomorrow OIJ-UL03 a monthly fee of $40.00 will be charged to the Buffalo Board of Education for school #53 for each month that data is being received. The new company has had ample time to correct this error. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Also, from our recent conversation you stated that due to the REMONSTRANCES BOE financial situation that no bids are being put out to the public and that existing contracts would remain in place. Am I NON-OFFICIAL COMMUNICATIONS to believe that any existing contract, regardless of the contractor complying or not with the specs or if the contract NO. 65 has expired will still remain in place? If so, this practice is M. ATTARDO –ELMWOOD BUSINESS ASSOCIATION- totally unexceptable and will continue to waste taxpayers CONCERNS-DEVELOP GUIDELINES monies. The Elmwood Avenue Community and City face a number of REFERRED TO THE COMMITTEE ON EDUCATION economic, cultural and social challenges. These are significant issues and they will not be resolved overnight. The business No. 68 owners of Elmwood Avenue take these issues very seriously Direct Deposit of Payroll Checks and have decided to come together to address this and many We currently receive a check from the City of Buffalo other issues through a business perspective. The Elmwood on Monday for the City of Buffalo employees who have direct Business Association is making it their mission to: deposit with the Buffalo Metropolitan Federal Credit Union. • Service business interests. We respectfully request that the City of Buffalo consider • Keep the strip commercially viable sending the funds so that they are received by the Buffalo • Maintain and add to the success of the strip Metropolitan Federal Credit Union on the pay date of the City of • Encourage new investment Buffalo employees. Please file this request for the next The business owners are striving to make a difference Common Council meeting. throughout the Strip and we feet that the impact of our efforts I have spoken with many City of Buffalo employees who would will be beneficial to the City as a whole. choose to have their checks sent via direct deposit, but do not because they must wait the entire weekend to have access to REFERRED TO THE SPECIAL COMMITTEE ON POLICE their direct deposit. REORGANIZATION, THE COMMISSIONER OF POLICE REFERRED TO THE COMMITTEE ON FINANCE AND THE SUPERINTENDENT OF BUFFALO SCHOOLS No. 69 No. 71 S.Ali – Concerns Mr Bonfante Variance – 45 Norwo Req Montroe Change from 2 way The decision rendered by the Zoning Board of Appeals (ZBA) on May 14, 200' ) to grant the application to erect, To one way enlarge, and use 445 Norwood with a rear garage/kitchen After speaking to you on the phone, I Jus had to write to you addition has caused me a great deal of concern for my safety. & explain the good feeling it is to have Montrose Ave made in The side line of my property at 578 Breckenridge Street abuts One Way Street. the rear line of 445 Norwood Ave. Due to the close proximity of I believe about 80% of people are very happy over this situation. 445 Norwood to my property, the proposed expansion would It stopped the over flow of traffic coming up Montrose Ave totally eliminate access to light in my living room. Additionally, which stopped the heavy traffic also it stopped the school the proximity of the expansion will increase the likelihood that a buses from taking a short cut thru to Kenmore Ave Some of the fire starting at either property will quickly spread to the other people in the blocks don’t like the one way and are trying to get property. a petition to revert too 2 way againNo way I hope this letter The variance granted by the ZBA is in violation of several city explains it for you & that it stays as a one way street ordinances, which were designed to promote the welfare of RECEIVED AND FILED citizens. Variances are typically granted when city building codes have imposed an exceptional hardship. The owner of NO. 72 445 Norwood Ave., Gwen Howard, failed to prove any such T. HERLEHY hardship. Ms. Howard's request for the variance was based on REQ PARKRIDGE BE 2 WAY the fact that she is expecting twins and needs a larger kitchen ST BETWEEN KENSINGTON & HUTCHINSON with an attached garage to move her children from the car to Winfield Industries is located at the comer of Kensington the house. This difficulty is self created and is not unique. Avenue and Parkridge Avenue. Our truck dock is on Parkridge Through out the course of the ZBA meeting, Ms. Howard Avenue near the intersection. reiterated she is a NYS licensed architect and that she has We have a problem because your traffic signs make it illegal for worked with or for the City of Buffalo designing many plans, trucks to service our plant. and that she is aware of these laws. Additionally she used a Since Parkridge Avenue is a narrow residential road after our survey that was fraudulent and doctored in which parts of her plant, there is a 5-ton weight restriction on the road. Many of house were missing and some measurements of existing the trucks that service our plant far exceed that 5-ton limit, but structures were off significantly, but the ZBA did not find that do so illegally per the traffic signs. When leaving our plant, odd and granted her the variance. Moreover Gwen Howard has trucks return to the Kensington intersection to stay away from not paid application and permit fees for services requested the residential area. Unfortunately Parkridge is a one-way street from the City of Buffalo, but has received those services and they are illegal when leaving. This is an accident waiting to because she was a former city employee. happen because people entering a one-way do not expect The Zoning Board of Appeals concluded that the applicant has on-coming truck traffic. modified the design to limit the impact on the abutting home on Making Parkridge Avenue a two way street one block from Breckenridge with a peaked roof and using materials consistent Kensington Avenue to Hutchinson Avenue would make this with NYS building codes.- However, no modifications to the safer. The 5-ton weight restriction in front of our plant also original plan were ever submitted, and no modifications to the needs to be removed. plan are on record. Also section 511-87(A) of the city code Please give this recommendation serious consideration. clearly states that an accessory building constructed with REFERRED TO THE COMMITTEE ON LEGISLATION AND masonry walls can abut the rear line, however it shall not abut THE COMMISSIONER OF PUBLIC WORKS said property line if, as is the case here the rear line abuts the side line. NO. 73 I believe that the ZBA did not act properly in granting the "Regional Assets Agreement" variance, and in fact acted without giving due consideration to Item #54, C.C.P. June 24, 2003 all of the issues because of the relationship with Ms. Howard. By letter dated June 26, 2003, Sr. Legislative Assistant Millie Contacting my district councilman, Marc Coppola, has failed to Castro requested the Erie County Attorney, Frederick A. Wolf, produce any action. I am requesting -your assistance in to address and file comments to the above-referenced Regional resolving this matter as soon as possible. If you have any Assets Sales Agreement. Mr. Wolf, who is out of the office, questions you can contact me at the above address or call me requested that I respond in his absence. This Agreement was at 884-7-399. Thank you very much. prepared by the Erie County Attorney's Office in consultation REFERRED TO THE COMMITTEE LEGISLATION AND with the Erie County Department of Environment and Planning THE ZONING BOARD The Agreement provides a vehicle for the orderly transition of ownership of the Buffalo Zoo, Shea's Performing Arts Center No. 70 and Kleinhans Music Hall from the City of Buffalo to the County A. Picone – Vandalism of Erie. It addresses a myriad of legal and logistical issues, School 89 which must be resolved with respect to the conveyances of Picone Construction Corporation is the general contractor these invaluable cultural institutions. These buildings, rich in for the referenced project. Over the past three weekends we history and architecture, transcend political and geographical have been the target of a substantial amount of vandalism. boundaries. Their preservation and continued viability are 1. June 14/15: Construction equipment was severely integral to tourism and the regional economic revitalization damaged. strategy of not only the City of Buffalo, but Erie County and the 2. June 21/22: Recently installed windows at the new Library Western New York region as well. It is the intent of the County and Cafeteria Addition were smashed beyond repair. to collaborate with the City to maintain these regional assets for 3. June 28/29: Field office trailers of our firm and the the pleasure and enjoyment of our citizenry by assuring they architectural firm were severely damaged. receive adequate fiscal stability. The damage has totaled several thousand dollars to date and REFERRED TO THE COMMITTEE ON FINANCE our fear is that every weekend the site will be vandalized (especially this coming holiday weekend). This project represents a $12 Million investment by the City NO. 74 and Board of Education. It would be a real shame if the REQ REFUND OF vandalism continues to a point where the opening of School ZONING BD OF APPEALS FEE could be jeopardized. I would like to petition the Common Council for a refund of The new additions, the office trailers and construction the Zoning Bd. of Appeals fee of $75.00 paid to the Div. of equipment are enclosed by 6' high chain link fence. When the Buildings, Permit Office in June 2003 (342 Mackinaw project started we installed an alarm in our office trailer. Since application #54053. the trailer was not broken in to, the alarm did not activate. REFERRED TO THE COMMITTEE ON CLAIMS Neighbors in the vicinity, with a clear view of the area vandalized, have not notified the Police Department apparently NO. 75 due to fear of retribution. INFO F MOONEY We respectfully request that the Buffalo Police Department The Court having reviewed the materials submitted makes patrol this area during weekends and non-working hours in the following ruling: order to stop the crime. ORDERED, that it is the Court's determination that Gary We wish to thank you, in advance, for your cooperation and Mooney have access to public hearings, including the right to attention to this matter. make sound and video recordings, it is further ORDERED, that the staff of the City of Buffalo Clerk's Office Regular Committees and other City Departments will afford Gary Mooney equal treatment with other members of the press, it is further CLAIMS COMMITTEE ORDERED, that upon written request, the City of Buffalo (Mary M. Martino, Chairperson) Clerk's Office will provide Gary Mooney with a copy of the same agenda packet of legislation and proposals for Buffalo NO. 82 Common Council meetings that is provided to other members A1 TO A7 of the press, it is further PERSONAL INJURY ORDERED, that upon demonstrating to the approval of the City That, upon the recommendation of the Corporation Counsel, of Buffalo Clerk's Office that his audio equipment is compatible the following actions for personal injury arising out of alleged with the Council chambers media output terminals, which negligence approval is not to be withheld unreasonably, Gary Mooney will on the part of the City of Buffalo, be compromised and settled: have access to the terminals equal to other members of the A1 Jeffrey Cotton $ 1,500.00 press, it is further A2 Demetrice Jones $175,000.00 ORDERED, that it is the Court's determination that Gary A3 Daniel Olzewski $ 2,500.00 Mooney is an independent news producer, that he is not A4 Linda Savage $ 56,700.00 soliciting the City of Buffalo for commercial gains, and that he A5 Dawn Seiwell $ 5,000.00 is not competing for any service contract with the City of A6 State Farm Mutual Auto. Buffalo. Insurance Co. a/s/o SO ORDERED: Raymond F. Delucci $ 13,000.00 RECEIVED AND FILED A7 State Farm Mutual Auto. Insurance Co. a/s/o NO. 76 Andrew L. Zielinski $ 2,000.00 SEQR That checks be drawn on the account of Org 17221008 TIMES BEACH PUBLIC ACCESS (480205) This notice is pursuant to Part 617 of the implementing Judgment and Claims Prior Years, or (480204) Current Fiscal regulations pertaining to Article 8 (State Environmental Quality Year, payable to the respective claimants or plaintiffs and their Review Act) of the Environmental Conservation Law. attorneys, if any, herein above named, in the amounts set Name of Action: Times Beach Public Access opposite their names and delivered to them upon execution and Trail Project delivery to the Corporation Counsel of proper releases and Location: City of Buffalo, Erie County closing papers. Project Number: C617-03-A54 PASSED. Erie County Department of Environment and Planning has AYES-13. NOES-0. identified this project as an Unlisted Action for the purpose SEQR and has chosen to coordinate the review of involved NO. 83 agencies pursuant to Part 617.7(C). B1-B22 Any involved or interested agency may submit comments in PROPERTY DAMAGE writing within 30 days of the postmark of this notification If no That, upon the recommendation of the Corporation Counsel, objections are expressed, Erie County Department of the following actions for property damage arising out of alleged Environment and Planning will assume lead agency status this negligence action and will make a determination of its significance. on the part of the City of Buffalo, be compromised and settled: The Erie County Department of Environment and Planning has B 1 Tyrone E. Brooks, 445 Hewitt Avenue, 14215 made an initial determination of no significant imp and This is a claim for reimbursement of a garbage can which was anticipates issuing a negative declaration if no significant thrown out by workers on May 21, 2003. $12.00 concerns are identified. The short EAF, maps, pro description, B 2. Ronald Carney, 196 Ferndale Avenue, 14217 engineering drawings, a detour map, and other relevant This is a claim for money lost in a meter at the comer of information are attached for your review. Delaware and W. Huron Street on June 2, 2003. $2.00 RECEIVED AND FILED B 3. Joyce Dehn, 70 Riverside Avenue, 14207 This is a claim for reimbursement of a garbage can which was thrown out by workers on March 21, 2003. $10.00 NO. 77 B 4. Empire Medrano, Inc., 2403 Niagara Street, 14207 CONTROL BOARD LEGISLATION This is a claim for reimbursement for money paid in purchasing Copy available in the City Clerks Office for review property commonly known as 18 Hunt Street at the City Auction RECEIVED AND FILED in the In Rem procedures of last year. $3,970.00 B 5. Charles Gordon, 204 Hodge Avenue, 14222 PETITIONS On April 7, 2003, Charles Gordon was operating his motor vehicle when it was struck by a garbage truck. $5,155.31 NO. 78 B 6. Nancy Hager, 167 Admiral Road, 14216 R. DIPASQUALE9 OWNER9 USE 153 ELMWOOD This is a claim for reimbursement of three (3) garbage cans EXPANSION OF PATIO. (HRG. 7/15) which was thrown out by workers on April 28, 2003. $45.00 REFERRED TO THE COMMITTEE ON LEGISLATION, B 7. JoAnn Harrall, 27 Woodette Place, 14207 DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING Claim for damages to a 1993 Saturn which occurred on May BOARD AND CORPORATION COUNSEL. 10, 2002, on Route 198. $2,200.00 B 8. Marie Jakubowski, 53 Okell Street, 14220 NO. 79 This is a claim for reimbursement of a garbage can which was C. KOHLER, AGENT, USE 795 ELMWOOD-AWNING SIGN. thrown out by workers on May 5, 2003. (HRG. 7/15) $28.00 B 9. Mary Kelley, 135 Theodore Street, 14211 REFERRED TO THE COMMITTEE ON LEGISLATION, This is a claim for reimbursement of a garbage can which was DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING thrown out by workers on May 13, 2003. BOARD AND CORPORATION COUNSEL. $30.00 B 10. Barbara K. Lipka, 20 Hedgerow Drive #3, 14127 Claim for damage to a 2002 Jeep Cherokee on June 3, 2003. NO. 80 $177.12 D. HOPKINS, OWNER, REZONE 368 NORTHAMPTON B 11. Charles Mecca, 36 Claremont Avenue, 14223 FROM R2 TO C2 FOR A BUSINESS EXPANSION. (HRG. This is a claim for damage to a leather coat sleeve being 7/15) damaged by an unsafe broken guard on a door in City Hall REFERRED TO THE COMMITTEE ON LEGISLATION, $75.00 DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING B 12. Quincy Myles, 57 Peach Street, 14204 BOARD AND CORPORATION COUNSEL. This is a claim for damages to property commonly known as 57 Peach Street on November 5, 2000. NO. 81 $510.00 K. Widowson, Agent Use 186 North St. B 13. New York Central Mutual Fire Insurance Company East-Non-11(um. Ground Sign as subrogee of Kenneth Markovich and Irene Wolff, 1899 (Name of Agent, Owner) (Address) - (Project) Central Plaza East, Edmeston, New York 13335-1899 The attached is for Common Council Approval; but per This is a claim for damages to a 1992 Ford Tempo GL which Permits, no public hearing is required. occurred on February 23, 2003 REFERRED TO THE COMMITTEE ON LEGISLATION, $627.75 DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING B 14. Delores Oliveri, 444 Porter Avenue, 14201 BOARD & CORPORATION COUNSEL. This is a claim for reimbursement of a garbage can which was PASSED. thrown out by workers on May 13, 2003. AYES-13. NOES-0. $6.00 B 15. James Pappas, 108 Depew Avenue, 14214 NO. 86 This is a claim for reimbursement of three (3) garbage cans C1-C2 which were thrown out by workers on May 15, 2003. $30.00 MISCELLANEOUS INVOICES B 16. Michael Paveljack, 62 Davey 14206 That upon the recommendation of the Corporation Counsel and This is a claim for damages sustained to a 2000 Chevy the appropriate City Departments, the following claims be paid: Silverado on March 27, 2003 while it was parked at the fire C 1. Connors & Vilardo, 1020 Liberty Building, 420 Main alarm office. $523.80 Street, 14202 B 17. Petroleum Sales Service, Inc., 300 Ohio Street, This is a claim for payment of a prior fiscal year invoice to 14204 Connors & Vilardo from the Law Department. This is a compromise settlement for reimbursement for a $347.70 business sign that was taken down by the City of Buffalo on C 2. Ticor Title Insurance Company, Liberty Building, 420 March 1, 2002 Main Street, 14202 $882.90 Claim for payment of a prior fiscal year invoice to Ticor Title B 18. Christopher E. Robinson, 67 Brownell, 14212 Insurance Company from the Law Department. This is a claim for damages to a 1987 Chevy Caprice Classic $356.00 sustained on January 7, 2003 on South Elmwood Street. C 3. Town & Country Office Machines, 3110 Genesee $451.60 Street 14225 B 19. Mary R. Russo, 447 Baynes Avenue, 14213 Claim for payment of a prior fiscal year invoice to Town & This is a claim for reimbursement of a garbage can which was Country Office Machines from the Law Department. thrown out by workers on May 23, 2003. $263.95 $9.66 That checks be drawn on the account of Org 17221008 B 20. Shirley Spengler, 4347 Bailey Avenue, 14226 (480205) This is a claim for a damaged tire at 1104 Parkside Avenue, Judgment and Claims Prior Years, or (480204) Current Fiscal Buffalo, New York, on May 4, 2003. Year, payable to the respective claimants or plaintiffs and their $83.11 attorneys, if any, herein above named, in the amounts set B 21. Alfreda Taylor, 1570 Jefferson Avenue, 14208 opposite their names and delivered to them upon execution and Claim for damages to a concrete pad located in the yard at delivery to the Corporation Counsel of proper releases and 1570 Jefferson Avenue closing papers. $1,980.00 PASSED. B 22. Marjorie Towner, 69 Northampton Street, 14209 AYES-13. NOES-0. Claim for damages caused to the back of the garage at 69 Northampton Street. NO. 87 $2,800.00 REPORT TO THE CLAIMS COMMITTEE That checks be drawn on the account of Org 17221008 D 1. Bruce Andrews, 1719 Seneca Street, 14210 (480205) That the above item be and the same hereby is Judgment and Claims Prior Years, or (480204) Current Fiscal denied. Year, payable to the respective claimants or plaintiffs and their ADOPTED. attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and NO. 88 delivery to the Corporation Counsel of proper releases and REPORT TO THE CLAIMS COMMITTEE closing papers. D 2. Michael W. McKenna, 128 VanRensselaer, 14210 PASSED. That the above item be and the same hereby is returned to the AYES-13. NOES-0. Common Council without recommendation. That the above item be and the same hereby is received and NO. 84 filed. B-23 ADOPTED. PROPERTY DAMAGE B 23. Larry Verhagen, 32 Archer Avenue, 14210 That the above item be and the same hereby is returned to the Common Council Without Recommendation. NO. 89 Mrs. LoTempio moved: REPORT TO THE CLAIMS COMMITTEE Claim for reimbursement of a 1993 Dodge Spirit that was sent D 3. R & M Holdings, LLC (Randall Ferrino) 2163 South by the City to M & M Auto Wrecking on March 11, 2003 in the Park Avenue, 14220 amount of $750.00 This matter is being placed on the agenda for discussion at the That checks be drawn on the account of Org 17221008 request of Councilmember Martino. In 1999 the Division of (480205) Real Estate was interested in purchasing properties for a new Judgment and Claims Prior Years, or (480204) Current Fiscal community center. Year, payable to the respective claimants or plaintiffs and their The claimant has filed a claim for payment of his own attorneys, if any, herein above named, in the amounts set appraisal, the cost being $1,500.00. opposite their names and delivered to them upon execution and That checks be drawn on the account of Org 17221008 delivery to the Corporation Counsel of proper releases and (480205) closing papers. Judgement and Claims Prior Years, or (480204) Current Fiscal PASSED. Year, payable to the respective claimants or plaintiffs and their AYES-13. NOES-0. attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and NO. 85 delivery to the Corporation Counsel of proper releases and B-24-B-26 closing papers. PROPERTY DAMAGE PASSED. B 24. White Rock Baptist Church, 480 East Utica Street, AYES-13. NOES-0. 14208 Claim for reimbursement of a chain link fence which was NO. 90 damaged in the summer of 2002. E 1. MEMBERS OF AFSCME LOCAL 264 - MEMORADUM $1,400.00 OF UNDERSTANDING BETWEEN THE CITY OF BUFFALO B 25. Felix S. Wilczynski, 485 Howard Street, 14206 AND AFSCME LOCAL 264 (RETIREES MEDICAL Claim for a 1995 Pontiac Transport was auctioned by the City INSURANCE COVERAGE GRIEVANCE CB 31-99) of Buffalo on July 3, 2002. $825.00 That upon the recommendation of the Corporation Counsel and B. 26 Rosalie Eckborg, 189 Dearborn Street, the appropriate City Departments, the following claims be paid: 14207This matter is in full settlement of grievance #31-99, with Claim for damages to a large house at 189-191 Dearborn regard to remedying the loss, by retirees who retired from the Street City of Buffalo prior to July 1, 1998, of the prescription drug $15,189.50 co-payment reimbursement. The following retirees will receive That checks be drawn on the account of Org 17221008 settlement in the amount of total amount of $68,501.75. (480205) List in Clerk’s Office. Judgment and Claims Prior Years, or (480204) Current Fiscal That checks be drawn on the account of Org 17221008 Year, payable to the respective claimants or plaintiffs and their (480205) attorneys, if any, herein above named, in the amounts set Judgment and Claims Prior Years, or (480204) Current Fiscal opposite their names and delivered to them upon execution and Year, payable to the respective claimants or plaintiffs and their delivery to the Corporation Counsel of proper releases and attorneys, if any, herein above named, in the amounts set closing papers. opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. NO. 101 PASSED. APPOINTMENT AYES-13. NOES-0. POLICE OFFICER (PERM) (INTER#3) (POL) (ITEM NO. 49-C.C.P. JUNE 24, 2003) That Communication 49, June 24, 2003 be received and filed and the permanent appointment of Jason Mayhook Civil Service stated above at the intermediate salary of $42,486 effective on (Marc A. Coppola, Chairperson) June 16, 2003 is hereby approved. PASSED No. 91 AYES-13. NOES-0. Appointment Senior Auditor (Max) (Comptroller) NO. 102 (Item No. 2 1 -C.C. P . June 24, 2003) APPOINTMENTS That Communication 2 1, June 24, 2003 be received and POLICE OFFICERS (CONT. PERM.) (INTER#2) (POL) filed and the temporary appointment of Gloria Schiavone (ITEM NO. 50-C.C.P. JUNE 24, 2003) stated above at the maximum salary of $40,772 effective on That Communication 50, June 24, 2003 be received June 18, 2003 Is hereby approved. and filed and the contingent permanent appointments of PASSED Timothy Wagner, William Cooley, Donna Benitez, Eric Fuller, AYES - 13 - NOES - 0 Carl Andolina, John Evans and Denise Casey stated above at the intermediate salary of $39,306 effective on June 16, 2003 No. 92 is hereby approved. Appt.-Police Captain (Perm) (Max) (Pol) PASSED (CCP440-June 24, 03) AYES-13. NOES-0. That the above item be and the same hereby is received and filed. NO. 103 ADOPTED APPOINTMENT POLICE OFFICER (TEMP) (INTER#2) (POL) No. 93 (ITEM NO. 51 -C. C. P. JUNE 24, 2003) Appt.-Police Captain (Cont. Perm) (Max) (Pol) That Communication 5 1, June 24, 2003 be received (CCP#4 I -June 24, 03) and filed and the temporary appointment of Patrick Humiston That the above item be and the same hereby is received and stated above at the intermediate salary of $39,306 effective on filed. June 16, 2003 is hereby approved. ADOPTED PASSED AYES-13. NOES-0. No. 94 Appts. -Detective (Perm) (Max) (Pol) NO. 104 (CCP#42-June 24, 03) APPTS.-HEARING EXAMINER (MAX) (A&F) That the above item be and the same hereby is received and (CCP#57-JUNE 24, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 95 Appt.-Detective (Cont. Perm) (Max) (Pol) NO. 105 (CCP#43-June 24, 03) NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CLK) That the above item be and the same hereby is received and (CCP#66-JUNE 24, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 96 APPT. -DETECTIVE (TEMP.) (MAX) (POT) NO. 106 (CCP#44-JUNE 24, 03) K. LIGHTEN-REQ. EXC. MOD. ACCOM.-ADM. TESTINGS, That the above item be and the same hereby is received and CURR, CIV. SVS. TEST/EXAMS filed. (CCP#74-JUNE 24, 03) ADOPTED That the above item be and the same hereby is referred to the Committee on Education. ADOPTED4 NO. 97 APPT. -DETECTIVE SERGEANT (MAX) (POL) FINANCE (CCP#45-JUNE 24, 03) That the above item be and the same hereby is received and (BETTY JEAN GRANT, CHAIRPERSON) filed- NO. 107 ADOPTED COMPREHENSIVE ANN. FIN. RPT. FOR FY ENDED JUNE 30, 2002 (COMPT.) NO. 98 (CCP#17-JUNE 24, 03) APPTS.-POLICE LIEUTENANT (PERM) (MAX) (POL) That the above item be and the same hereby is received and (CCP#46-JUNE 24, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 108 DRUG ASSET FORFEITURE-CHECKS RECEIVED (POL) NO. 99 (CCP#39-JUNE 24, 03) APPTS.-POLICE LIEUTENANT (CONT. PERM.) (MAX) That the above item be and the same hereby is received and (POL) filed. (CCP#47-JUNE 24, 03) ADOPTED That the above item be and the same hereby is received and filed. NO. 109 ADOPTED PROP. TAX INCENTIVE FOR OWNER OCCUPIED RESIDENTIAL HSG. NO. 100 (CCP# 113 -MAY 13, 03) APPOINTMENTS That the above item be and the same hereby is received and POLICE OFFICERS (PERM) (INTER#2) (POL) filed. (ITEM NO. 48-C.C.P. JUNE 24, 2003) ADOPTED That Communication 48, June 24, 2003 be received and filed and the permanent appointments of Melissa LeBron, NO. 110 Anthony Szymkowiak II, Steven Maslowski, James Scherer, PROPERTY TAX INCENTIVE FOR OWNER OCCUPIED Jr., Christopher Sterlace, Shawn Adams, Nicholas Budney, RESIDENTIAL HOUSING (ASSESS) David Barczak and David Rachuna stated above at the (CCP# 18-MAY 27, 03) intermediate salary of $39,306 effective on June 16, 2003 is That the above item be and the same hereby is received and hereby approved. filed. PASSED ADOPTED AYES-13. NOES-0. NO. 111 findings such that no further environmental review is required REQ. 974 FILLMORE AS PERMANENT TRAINING under said Act. STRUCTURE (FIRE) It is hereby certified, pursuant to Section 3-19 of the (CCP#24-MAY 13, 03) Charter that the immediate passage of the foregoing ordinance That the above item be and the same hereby is received and is necessary. filed. Approved s to Form ADOPTED Michael B. Risen Corporation Counsel NO. 112 Passed PERMISSION TO TRADE-IN VEHICLES AYES-13. NOES-0. (ITEM NO. 26, C.C.P., JUNE 10, 2003) That the above item be and the same hereby is NO. 115 returned to the Common Council without recommendation. SAMIR KHOURY, PETITION TO REZONE 192-211 ELK & Mrs. Grant Moved: 260-270 SMITH STREETS That the Commissioner of Public Works, Parks and (ITEM NO, 89, C.C.P., JUNE 24, 2003) Streets, be, and he hereby is authorized to trade-in ten (10) That the above item be, and the same hereby is 1987 and 1988 dump trucks #S-962, 964, 965, 001, 003, 004, returned to the Common Council without recommendation. 005 and 006 to Buffalo Truck Center at the low bid of $86,720 Mr. Fontana moved that the above item be recommitted to the minus an allowance of $47,000.00 toward the purchase of the Committee on Legislation. tandem axle truck chassis. ADOPTED. Passed. AYES-13. NOES-0. NO. 116 C. ARNONE, PETITION TO USE 1472 HERTEL AVENUE - LEGISLATION SIDEWALK CAFE (ITEM NO. 90, C.C.P., JUNE 24, 2003) (RICHARD A. FONTANA, CHAIRMAN) That after the public hearing before the Committee on Legislation on July 1, 2003, the petition of C. Arnone, owner, NO.113 for permission to use 1472 Hertel Avenue for a sidewalk cafe PERMISSION TO RENAME N. CARROLL PLACE be, and hereby is approved with conditions as set by the City BETWEEN SENECA & EXCHANGE STREETS AS "FRANK Planning Board. LLOYD WRIGHT WAY" PASSED. CCP#138-JUNE 10, 2003 AYES-13. NOES-0. That the above item be and the same is returned to the Common Council without recommendation. NO. 117 A public hearing has been set, before the Common T. MURRAY, PETITION TO USE 1312 HERTEL AVENUE - Council, at this regularly scheduled meeting, on the above item, SIDEWALK CAFE and a Notice of same has been published in the Buffalo News (ITEM NO. 9 1, C.C.P., JUNE 24, 2003) for two consecutive weeks, a copy of which is attached hereto. That after the public hearing before the Committee On a motion by Mrs. LoTempio, seconded by Mr. on Legislation on July 1, 2003, the petition of T. Murray, owner, Davis, the item is properly before the Common Council, and the for permission to use 1312 Hertel Avenue for a sidewalk cafe hearing is opened. be, and hereby is approved with the following conditions: CARRIED. 1 . That no outside music is permitted on the sidewalk cafe. Appearances - 2. That no trash receptacles are permitted on the sidewalk cafe In Favor: J. Sandoro and the owner is responsible for exterior trash around the B. Davis premises. Mrs. LoTempio moved that the hearing be closed. 3. That the restaurant and the sidewalk cafe closes at 11:00 Seconded by Mr. Davis. P.M. CARRIED. Passed. Mrs. LoTempio moved: AYES-13. NOES-0. That the Common Council approves of the name changing of North Carroll Place between Seneca and NO. 118 Exchange Streets to "Frank Lloyd Wright Way"; and J. DUNHAM - PETITION TO USE 463 S. LEGION - That this Common Council requests that the GROUND SIGN Department of Public Works and the City Administration take (ITEM NO. 92, C.C.P., JUNE 24, 2003) the appropriate steps necessary to change North Carroll Place That after the public hearing before the Committee between Seneca and Exchange Streets to "Frank Lloyd Wright on Legislation on July 1, 2003, the petition of J. Dunham, Way"; and agent, for permission to use 463 S. Legion for a ground sign That copies of this resolution be sent by certified be, and hereby is approved. mail to New York State Senator Byron Brown, Assemblywoman Passed. Crystal Peoples, The State Department of Transportation, Erie AYES-13. NOES-0. County Department of Transportation, the Buffalo Police Department, the Buffalo Fire Department and the Niagara NO. 119 Frontier Transportation Authority. PROPOSED LANDMARK DESIGNATION - 11 PLYMOUTH PASSED. AVENUE AYES-13. NOES-0. (ITEM NO. 6, C.C.P., JUNE 24, 2003) That after the public hearing held before the NO. 114 Committee on Legislation on July 1, 2003, 11 Plymouth Avenue J. CARANGELO, PETITION TO REZONE 2134-2142 be, designated as a local historic landmark, pursuant to Article GENESEE STREET 111, Section 337-9 through 12 of the Preservation Standards (ITEM NO. 87, C.C.P., JUNE 24, 2003) of the Buffalo Code; and That the Common Council of the City of Buffalo does hereby That this designation is made upon due ordain as follows: consideration of the reports of the Buffalo Preservation Code That that part of the Zoning Ordinances of the City of (Chapter 337 of the Buffalo Code) and for the reasons set forth Buffalo, Section 511-126 of Article XXV of Chapter 5 11 as it in the reports of the Buffalo Preservation Board and its relates to the use map thereof be amended to show a "C2" Landmark Designation Committee; and Commercial District rather than a "R-2" Residential District for That the Secretary of the Preservation Board be, and the premises known as 2134-2142 Genesee Street, and more hereby is directed to file the property description with the City particularly described as follows: Clerk, the Planning Board, the Division of Planning and with the Premises situated in part of lot-43, township-11 Department of Public Works; and Range-7 of the Holland Land Company's Survey City of That the Petitioner is directed to file a description or Buffalo, Erie County, New York being: Sublets 5, 6 & 38. Also map of the property with the Erie County Clerk's Office. the 53 Northerly 53.50 of Sublet 4, Map Cover 334. Passed This rezoning shall be effective providing the AYES-13. NOES-0. following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in NO. 120 the offices of the Erie County Clerk's Office and proof of such D. MIKA, PETITION TO USE 263 WASHINGTON A/K/A 64 filing is submitted to the City Clerk's Office. EXCHANGE STREET - POLE SIGN That this rezoning will not be effective until such (ITEM NO. 69, C.C.P., MAY 27, 2003) conditions as set by the City Planning Board are met. (ITEM NO. 88, C.C.P., JUNE 10, 2003 That this Common Council finds this action to be an That the above item be, and the same hereby is, Unlisted Action under the S.E.Q.R. Act and adopts petitioner's returned to the Common Council without recommendation. Mr. Fontana Moved: R. Richardson & O-Req. Leg. Not To Permit Oper. Of Saad That the petition of D. Mika, agent, for permission to Mkt.-Wakefield/Holden use 263 Washington a/k/a 64 Exchange Street for a pole sign (CCP#94-June 24, 03) be, and hereby is approved with the condition that landscaping That the above item be and the same hereby is received and be provided at the base. filed. Passed. ADOPTED NO. 121 Community Development RENAME NORTH CARROLL PLACE BETWEEN SENECA AND EXCHANGE STREETS (FIRE) (Antoine M. Thompson, Chairman) (ITEM NO. 52, C.C.P., JUNE 24, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. No.131 Mr. Fontana Oak St. Redevelopment Project NYR- I 97-Roswell Park That the above mentioned item be and the same is hereby Cancer Institute (Hrg. 7/8) received and filed. (CCP# 158 6/24/03) Adopted. That the above item be and the same is returned to the Common Council without recommendation. NO. 122 RECOMMENDED BY THE COMMITTEE ON LEGISLATION RENAME NORTH CARROLL PLACE BETWEEN SENECA A public hearing has been set, before the Common Council, at AND EXCHANGE STREETS (USPS) this regularly scheduled meeting, on the above item, and a (ITEM NO. 76, C.C.P., JUNE 24, 2003) Notice of Same has been published in the Buffalo News, a That the above item be, and the same hereby is copy of which is attached returned to the Common Council without recommendation. hereto. Mr. Fontana Moved: On a motion by Mrs. LoTempio, seconded by Mr Fontana the That the above mentioned item be and the same is hereby item is properly before the Common Council, and the hearing is received and filed. opened. Adopted. CARRIED. Appearances – Maria Scinta, Rep of Roswell Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr Davis No. 123 CARRIED. Amend the Living Wage Law LDA Agreement - Ellicott/New Virginia - Roswell Park (CCP#153-Feb. 18, 03) Cancer Institute That the above item be and the same hereby is received and (Item No. 158, C.C.P., June 24, 2003) filed. That the above item be, and the same hereby is returned to the ADOPTED Common Council without recommendation. Mr Fontana Moved: No. 124 That Roswell Park Cancer Institute and/or other legal entity to A. Thompson-Living Wage be formed was duly designated as qualified and eligible (CCP#78-Mar, 18, 03) Redeveloper by the Buffalo Urban Renewal Agency, is hereby That the above item be and the same hereby is received and approved as the Redeveloper for a 19,166 sq. ft. vacant parcel filed. at Ellicott/New Virginia in the Oak Street Redevelopment ADOPTED Project NYR- 197; and That the Mayor, the Chairman, Vice-Chairman, or any officer of No. 125 the Buffalo Urban Renewal Agency is hereby authorized to Abbott/McKinley Special Zoning District execute any and all deeds or other documents necessary to (Item No. 174, C.C.P., June 24, 2003 convey land described in the proposed "Land Disposition That the Corporation Counsel be, and he hereby is authorized Agreement" to Roswell Park Cancer Institute and/or other legal to prepare an Ordinance Amendment to reflect an entity to be formed in accordance with the terms of said Abbott/McKinley Special Zoning District. Agreement and for the consideration recited therein. Adopted. Adopted. No. 126 No. 132 South Park Special Zoning District LDA Agreement - Ellicott/New Virginia - Roswell Park (Item No. 175, C.C.P., June 24, 2003 Cancer Institute (Strat. Plan.) That the Corporation Counsel be, and he hereby is authorized (Item No. 7, C.C.P., June 24, 2003) to prepare an Ordinance Amendment to reflect a South Park That the above item be, and the same hereby is returned to the Avenue Special Zoning District. Common Council without recommendation. Adopted. Mr Thompson Moved: That the Land Disposition Agreement for the Oak Street No. 127 Redevelopment Project NYR- 197 at Ellicott New Virginia "Bricks in the Bowl" Project - Use of, Section of shall be approved with Roswell Park Cancer Institute Cazenovia Park Corporation as Redeveloper. (Item No. 83, C.C.P., Apr. 1, 2003 Passed That South Buffalo ALIVE is permitted to use a small section of AYES - 13 - NOES - 0 land on the side of the Shelter House in Cazenovia Park for "Bricks in the Bowl" Project with conditions as determined by No 133 the Commissioner of Public Works, Parks and Streets. Seneca-Babcock Redev. UR Plan (Strat. Plan) Passed (CCP#5-Apr. 29, 03) AYES - 13 - NOES – 0 That the above item be and the same hereby is received and filed. No. 128 ADOPTED M. Martino-M. Krause-"Bricks in the Bowl" Project-Cazenovia Pk. (PW) No. 134 (CCP#l 9-Apr. 29, 03) Improve City SEQR Performance (Mayor) That the above item be and the same hereby is received and (CCP#2-Mar. 18, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 129 Memorialize State Legislature for Alienation Legislation No. 135 for Dr. Grace Memorial Park Improve City SEQR Performance (Compt.) (Item No. 50, C.C.P., Apr. 1, 2003) (CCP#12-Mar. 18,03) (Item No. 10 1, C.C.P., May 27, 2003) That the above item be and the same hereby is received That the above item be, and the same hereby is returned to the and filed. Common Council without recommendation. ADOPTED Mr. Fontana Moved: That the above item is here by received and filed No. 136 ADOPTED Env. Mgmt. Comm. -Rpt. Of Bflo. Env. Review Task Force (Strat. Plan.) NO. 130 (CCP#4-Nov. 12, 02) 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. 137 No. 149 SEQR Task Force Recommendations (Strat. Plan.) Erie Co. Takeover of Central Bkg. Duties (Pol) (CCP# I I -Mar. 4, 03) (CCP#33-Apr. 4, 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. 138 No. 150 R. Rogers-SEQR Process for School Const. (Bd. Ed.) Erie Co. Takeover of Central Bkg. Duties (Pol) (CCP#43 -Mar. 4, 03) (CCP#3 6-May 16, 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. 139 No. 151 Response-Conveyance of Land to Admirals Walk Condo, D. Bonifacio-R. Diina-Erie Co. Takeover-Central Booking, (Strat. Plan) etc. (CCP#10-June 24, 03) (CCP#48-Apr. 15, 03) That the above item be and the same hereby is received and That the above item be and the same hereby is received filed. and filed. ADOPTED ADOPTED No. 140 No. 152 P. Cromwell-M. H. Yachting-"Grog" (Strat. Plan.) Rampant Criminal Activity at Fillmore/Peckham (CCP#6-Apr. 1, 03) (CCP#152-Mar. 18,03) That the above item be and the same hereby is received and That the above item be and the same hereby is received filed. and filed. ADOPTED ADOPTED No. 141 No. 153 ECDEC-Buffalo Outer Harbor Recreation Area-461-525 Rampant Criminal Activity at Fillmore/Peckbam (Pol.) Fuhrman Blvd (CCP#48-Apr. 1, 03) (CCP#55-May 27, 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. 154 No. 142 S. Guastaferro, BDDABC, Req. Pol. Asst. Enforc. Noise School 475-Monroe St. to COB (PW) Ord. (CCP928-Oct. 29, 02) (CCP#54-Apr. 15, 03) That the above item be and the same hereby is received That the above item be and the same hereby is received and and filed. filed, ADOPTED ADOPTED No. 143 No. 155 Ed Saunders Comm. Ctr. (PW) S. Guastaferro, BDDABC, Req. Pol. Asst. Enforc. Noise (CCP#41-Apr. 1, 03) Ord. (Pol) That the above item be and the same hereby is received and (CCP#26-Apr. 29, 03) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED No. 144 Ed Saunders Comm. Ctr. (PW) No. 156 (CCP#42-Apr. 1, 03) S. Guastaferro, BDDABC, Req. Pol. Asst. Enforc. Noise That the above item be and the same hereby is received and Ord. (Permits/Insp.) filed.' (CCP#28-May 13, 03) ADOPTED That the above item be and the same hereby is received and filed. Special Committees ADOPTED POLICE REORGANIZATON & OVERSIGHT COMMITTEE RESOLUTIONS (Dominic J. Bonifacio Jr., Chairman) No. 157 No. 145 By: Mr. Bonifacio Erie Co. Takeover-Central Booking, etc, Re: Ordinance Amendment (CCP#182-June 29, 03) Chapter 78 - Animals That the above item be and the same hereby is received and The Common Council of the City of Buffalo does hereby ordain filed. as follows: ADOPTED That Section 78-12 of Chapter 78 of the Code of the City of Buffalo be amended to read as follows: No. 146 § 78-12. Seizure, redemption periods and impoundment fees. Erie Co. Takeover-Central Booking, etc. (Pol.) The seizure of dogs, the redemption periods and the (CCP#55-July 27, 02) impoundment fees shall be governed by Article 7 of the That the above item be and the same hereby is received and Agriculture and Markets Law of the State of New York and as filed. provided in Chapter 175, Fees. Notwithstanding the foregoing, ADOPTED the City of Buffalo shall maintain a redemption period of no less than three days, except that where notice to the owner is given No. 147 by mail, the redemption period shall be no less than seven Central Booking Duties (Pol) days. (CCP#42-Mar. 21, 03) It is hereby certified, pursuant to Section 3-19 of the Charter, That the above item be and the same hereby is received and that the immediate passage of the foregoing ordinance is filed. necessary. ADOPTED APPROVED AS TO FORM PASSED No. 148 AYES - 13 - NOES - 0 P. Gallivan, Erie Co., Erie Co. Takeover-Central Bkg. NOTE: Matter underlined is new. (CCP#83-Mar. 21, 03) NO. 158 By: Mr. Coppola Re: Approving Transfer of Land located at 2 Templeton RE: North Buffalo Business Development Association Terrace pursuant to Settlement of Litigation between City of Rapp Program Buffalo Urban Renewal Agency and Specialty Restaurants Whereas: In Item No. 5, C.C.P., May 27, 2003, the North Whereas: In October 2001 BURA sought to terminate Buffalo Business Development Association, Inc. requested to Specialty Restaurants interest in the parcel due to their failure be relieved from the responsibility of snowplowing and to rebuild the premises and operate consistent with their Land electricity for parking lots at 1509 Hertel and 1464 Hertel as Disposition Agreement (LDA); and required by their lease agreement with the City for the operation Whereas: Specialty Restaurant challenged the termination of of the Rapp Program; and their interests in State Supreme Court before the Hon. Joseph Whereas: In Item No. 73, C.C.P., June 10, 2003, the City Makowski , and Judge Makowski ruled the LDA could be erroneously relieved the Board of Parking of the responsibility terminated by BURA and set for trial Specialty Restaurants of snowplowing and electricity for those lots; and right to compensation for the termination of their interest, and Whereas: Now the Council should take correcting action to Specialty thence commenced an appeal of Judge Makowski's reflect the original intent of the motion, decision; and Now, Therefore Be It Resolved: Whereas: With assistance of the Court, and after extensive That the North Buffalo Business Development Association, Inc. settlement negotiations the terms of a proposed Settlement be and hereby is relieved from the responsibility of Agreement have been reached, and approved the Members of snowplowing and electricity for 1509 Hertel and 1464 Hertel, the but shall continue to maintain the parking lots for the operation BURA Board on June 26, 2003 and they our embodied in the of the Rapp Program; and attached documents with said terms including the following: Be It Further Resolved: I ) Specialty Restaurants will quit claim their interests in the That this authorization is retroactive to November 2002. property to BURA, PASSED 2) BURA will Lease the property back to Specialty Restaurants AYES - 13 - NOES - 0 for construction of a restaurant with the protections that are NO. 159 highlighted in the next numbered paragraphs, By: Mr. Coppola, Mr. Fontana, Ms. Martino, and Mr. 3) Specialty Restaurants will provide BURA with a Letter of Golombek Credit in the amount of Five Hundred Thousand Dollars Subject: Salary Increases for Exempt Employees ($500,000) which will be forfeited to BURA if Specialty falls to Whereas: Section 24-14 (c) of the Charter of the City of Buffalo meet the schedule for obtaining all necessary approvals and states that whenever the base salary of permanent full-time pen-nits for the construction of the new Restaurant, 4) After employees of any other department who are members of Local Specialty obtains approval of the construction permit I will hold 650 is increased pursuant to collective bargaining, the salary of the same in Escrow until they bond out completion of the exempt employees of that department shall be increased by the restaurant in the amount of Four Million Dollars same percentage dollar amount received by such non-exempt ($4,000,000.00). If they fail to complete the project the bond is employees of that department; and our guarantee of completion of construction, Whereas: Section 24-14 of the City Charter further provides 5) In months 13 through 48 of the lease Specialty Restaurants that the Common Council shall have the exclusive power to fix will pay BURA $ 1,000.00 per month in Ground Rent to the salary or compensation of every officer and employee of the reimburse our costs in recapturing the land, city except as otherwise provided by the council by resolution; 6) Specialty will further guarantee maintenance of the structure and in good repair through a commitment to pay $5,000.00 in rent if Whereas: The Common Council is the appointing authority they do not keep up on the maintenance, over exempt employees on the Council Staff, Senior Legislative 7) At the end of the twenty-two year term of the lease BURA Assistants, and Legislative Assistants; and will convey the premises in fee simple to Specialty Restaurants, Whereas: The City of Buffalo is facing unprecedented budget 8) There is fill placed on the site in 2001 by the City of Buffalo problems, and as a result, employees of the City of Buffalo and/or BURA. To the extent the material can be utilized for have been asked to do more with less; and grading on site Specialty will keep it there, however if Whereas: The issue is not whether or not employees are development necessitates its removal BURA will be deserving of a raise, but rather whether the City has the ability responsible for incremental costs to the projects brought about to fund the proposed raises at this time; and by removal of the fill, Whereas: Given the City's current financial predicament, this 9) The parties agree to arbitration of any future disputes Common Council is willing to do everything that it has to in concerning the Settlement Agreement before Judge Makowski; order to reduce expenditures; and Now, Therefore Be It Resolved: Now, Therefore be it Resolved: That this Common Council does hereby refuse any increase in That the Common Council of the City of Buffalo hereby salary for exempt employees appointed by the Common authorizes BURA to enter into the Settlement and Lease Council that occur due to the Local 650 collective bargaining Agreement and to take all steps necessary to effectuate the agreement for the fiscal years 2001 -02, 2002-03, and settlement upon said terms embodied in the Agreements. 2003-04. REFERRED TO THE COMMITTEE ON COMMUNITY RECEIVED AND FILED DEVELOPMENT AYES – 11 Bonifacio, Davis, Fisher, Franczyk, Golombek, Grant, Gray, NO. 162 Lotempio, Martino, Pitts and Thompson By: Mr. Davis NOES – 2 SUBJECT: Display Banner for Karibana Festival Coppola and Fontana Whereas: The Karibana Festival, Inc. plans to hold the above event from Saturday to Sunday, August 10 - 11, 2003; and No. 160 Whereas: To promote this event, the Karibana Festival, Inc. BY: Brian Davis, Ellicott District Councilmember has requested permission to display two (2) banners on TRANSFER OF 371 SQUARE FEET Delaware Avenue between Niagara Square and Huron, and OF PARCEL 29 FROM BURA TO THE North and Allen Street; and NEW YORK STATE DEPT. OF TRANSPORTATION Whereas: The organizers would like to display the banners WHEREAS, the City of Buffalo Urban Renewal Agency has from July 9, 2003 through August 14, 2003. approved the transfer of 371square feet of land that abuts an Now, Therefore, Be It Resolved: existing casement along the westerly side of Parcel 29. DOT That certified copies be sent to the applicant with the phone requires the easement for access to their property under the number of Joseph N. Giambra, Commissioner of Public Interstate 190. Works, Streets, and Parks. Completing this transfer will also assist in making the BURA parcel more suitable for re-use as a developable parcel. NO. 163 NYSDOT will also be transferring 3,838 square feet of their By: Brian C. Davis land to BURA for tile same purpose, to make the parcel more Re: Request refund of a cancelled event suitable for development. Whereas: Carol Speser of Rainbow Spirit Rising request that WHEREAS, the terms this transfer have been approved by the the City of Buffalo refund the fee of $425.00 for use of a City of Buffalo Urban Renewal Agency, and cancelled event in LaSalle Park on June 19, 2003; and WHEREAS, said request to transfer has been forwarded by Whereas: Ms. Speser changed the location of her event upon the City of Buffalo Urban Renewal Agency to this Common learning that she would be liable for anything that took place Council for action, pursuant to Section 507, subdivision 2(d) of during the event; and the General Municipal Law. Whereas: Ms. Speser further would not be able to provide the PASSED insurance to hold the city harmless, based on the limited AYES - 13 - NOES - 0 resources she had for this event; and Whereas: The event location was changed to Temple Beth NO. 161 Zion, and all fees were waived. By: Mr. Davis Be It Finally Resolved: That the Common Council of the City of Buffalo grants (11) For a yearly subscription to the Common Council permission to the Special Events Advisory Committee to refund Proceedings of the City of Buffalo. Ms. Speser $425.00, since she provided them with ample time (12) For furnishing a single copy of the City Record. regarding the cancellation of the Park event. (13) For a yearly subscription of the City Record. REFERRED TO THE COMMITTEE ON CLAIMS (14) [For furnishing a printed volume of the Charter of the City of Buffalo.] NO. 164 (15) [For furnishing a printed volume of the Charter and Code By: Mr. Fontana of the City of Buffalo.] Re: Ordinance Amendment (16) For furnishing [printed pamphlets of separate chapters Chapter 175 - Fees of the Code of the City of Buffalo. The Common Council of the City of Buffalo does hereby ordain (17) For the correction of replacement death certificates issued as follows: to funeral directors. That Chapter 175 of the Code of the City of Buffalo be (18) For furnishing copies of blueprints. amended to read as follows: B. The provision of this section requiring the payment of fees Chapter 361, Records shall not apply to the filing of applications and certification of § 361-8, [Filing] Searching approving of certain papers or papers where the head of the department of the state, county, records city or duly created agency thereof certifies that such filing and For a search of the marriage records and furnishing a $10.00 certification is required in the performance of public duties. certificate of marriage registration It is hereby certified, pursuant to Section 3-19 of the Charter, For a search of the marriage records filed in the Clerk's office that the immediate passage of the foregoing ordinance is $1.00 necessary. For a search of the marriage records and furnishing a APPROVED AS TO FORM noncertified $11.00 PASSED copy of marriage certificate for genealogical purposes AYES - 13 - NOES - 0 For the issuance of a license of marriage and for the furnishing NOTE: Matter in brackets to be deleted; matter underlined is $25.00 new. of a certificate of marriage registration upon receipt of the return of the marriage license properly endorsed and completed NO. 166 by the person who shall have solemnized the marriage in By: Mr. Fontana accordance with the laws of the State of New York Ordinance Amendment For use of a marriage room in the City Clerk's office [$15.00] Chapter 511 - Zoning $25.00 That the Common Council of the City of Buffalo does hereby during the performance of a marriage ceremony ordain as follows: For preparing and furnishing a copy of a resolution or $1.00 That Chapter 511 of the Code of the City of Buffalo be other paper filed in the Clerk's office amended to read as follows: For comparison of a copy prepared by the applicant of a $1.25 § 511-128. Applicability. resolution or other paper filed in the Clerk's office The urban renewal rehabilitation and design standards set forth For furnishing the form and filing and docketing an application herein shall apply to [the following areas for which urban $20.00 renewal plans have been adopted:] any and all Urban Renewal for appointment to the office of the Commissioner of Deeds Plans heretofore and hereafter adopted by the City of Buffalo For furnishing photographic copies of papers on file in the Planning Board and the Common Council as shown on Clerk's $0.25 mapping in the Office of the Strategic Planning, Division of office, not including the fee for certification per page Zoning and Land Use Planning. For furnishing [in booklet form a printed] a copy of the Common [A. The Grant-Ferry Urban Renewal Area as described in Item [$10.00] $25.0 No. 115, Common Council Proceedings, April 29, 1980, and as Council Proceedings of the City of Buffalo for each meeting shown on mapping in the offices of the Department of For a yearly subscription to the Common Council Proceedings Inspections and Licenses and the Division of Planning.] [$175.00] $375.0 [B. The Seneca-Cazenovia Urban Renewal Area as described of the City of Buffalo in Item No. 112, Common Council Proceedings, April 29, 1980, PASSED and as shown on mapping in the offices AYES - 13 - NOES - 0 of the Department of Inspections and Licenses and the Division of Planning.] NO. 165 [C. The Broadway-Fillmore Urban Renewal Area as described By: Mr. Fontana in Item No. 118, Common Council Proceedings, April 29, 1980, Re: Ordinance Amendment and as shown on mapping in the offices of the Department of Chapter 361 - Records Inspections and Licenses and the Division of Planning.] The Common Council of the City of Buffalo does hereby ordain § 511-129. Legislative intent. as follows: The Common Council finds that, in order to uphold the That Section 361-8 of Chapter 361 of the Code of the City of objectives of adopted urban renewal plans, it is necessary to Buffalo be amended to read as follows: incorporate such objectives into this chapter. § 361-8. Payment of fees; exceptions. § 511-130. Compliance required. A. The City Clerk is entitled to receive, on behalf of the city, for In order to uphold the objectives of adopted urban renewal services specified in this plans, no building or premises located in the above-listed urban section, except where another fee is allowed therefor by renewal project areas shall be erected, altered, rehabilitated or statutory provision, the fees as provided reconstructed except in accordance with the standards set in Chapter 175, Fees, to be paid in advance to be deposited by forth herein and in accordance with other standards as may be him with the [City Treasurer] set forth in the urban renewal plans involved, which latter Director of the Treasury standards are incorporated herein by reference. It is the (1) For a search of the marriage records and furnishing a responsibility of the applicant for a use or building pen-nit to be certificate of marriage registration. aware of any existing Urban Renewal Plan legislation relevant (2) For a search of the marriage records filed in his office. to their application. (3) For a search of the marriage records and furnishing a § 511-131. Permitted uses. noncertified copy of marriage registration for genealogical Any of the permitted uses which presently are permitted purposes. pursuant to the regulations of this chapter shall be permitted (4) For the issuance of a license of marriage and for the uses in the above-listed urban renewal project areas, except furnishing of a certificate of marriage registration upon receipt where otherwise prohibited or restricted by this Article or the of the return of the marriage license properly endorsed and urban renewal plan involved. completed by the person who shall have solemnized the APPROVED AS TO FORM marriage in accordance with the laws of the State of New York. NOTE: Matter in brackets to be deleted; matter underlined is (5) For use of a marriage room in the City Clerk's office during new. the performance of a marriage ceremony. REFERRED TO THE COMMITTEE ON LEGISLATION (6) For preparing and furnishing a copy of a resolution or other paper filed in his office. NO. 167 (7) For comparison of a copy prepared by the applicant of a By: Mr. Fontana resolution or other paper filed in his office. Re: Appoint Legislative Assistant (8) For furnishing the form, filing and docketing an application Whereas: Effective July 1, 2003, Jerome W. Marsala, residing for appointment to the office of the Commissioner of Deeds. at 178 Lovering Avenue, Buffalo, New York, 14216, is hereby (9) For preparing and furnishing photographic copies of papers appointed to the position of Legislative Assistant in the Lovejoy on file in his office, not including the fee for certification. District Council Office; (10) For furnishing in booklet form a printed copy of the ADOPTED Common Council Proceedings of the City of Buffalo. NO. 168 By: Mr. Franczyk Whereas: Pursuant to the Planning Assistance to States CEDAR Program Program, the United States Army Corps of Engineers will Whereas: In the event of a disaster, many communities do not provide 50% of the costs to undertake these activities, and have enough sufficiently trained Code Enforcement Officials to Whereas: Erie County has provided funds to pay the remaining inspect buildings affected by such disaster; and 50% required to provide this service. Whereas: Codes Division, in partnership with the New York Now, Therefore, Be It Resolved State Building Official Conference, has a program to render The City of Buffalo Mayor Anthony M. Masiello is hereby volunteer assistance to disaster stricken communities known authorized to act on behalf of the Municipality in all matters as CEDAR (Code Enforcement Disaster Assistance related to United States Army assistance. The representative is Response); and also authorized to execute the Planning Assistance to States Whereas: The City of Buffalo supports the CEDAR program Contract and otherwise act for the Municipality governing body and supports the participation in the program by code in all matters related to the Project and federal assistance; and enforcement officials employed by the City who meet the Be It Further Resolved-. qualifications of CEDAR; and That the Municipality agrees that it will fund its portion of the Now, Therefore, Be It Resolved That: cost of the Project using funds granted by Erie County, and will Code Enforcement Officer, Larry J. Schiavone is authorized to provide said funds in accordance with the Planning Assistance submit application for membership to the Code Enforcement to States which requires receipt of funds prior to initiating work; Disaster Assistance Response program and to complete the and necessary training; and Be It Finally Resolved: Be It Further Resolved That: That this Authorization take effect immediately. The City of Buffalo agrees to provide indemnification and PASSED insurance coverage for said Code Enforcement personnel while AYES - 13 - NOES - 0 acting as part of the CEDAR Team for mutual aid purposes. PASSED NO. 172 AYES - 13 - NOES - 0 BY: Council Member Martino RE: Union Ship Canal Redevelopment Area Urban NO. 169 Renewal Plan Approval By: Ms. Gray WHEREAS, the Common Council of the City of Buffalo has Re: Discharge Taxi Cab & Livery Ad-Hoc Committee Item designated the Union Ship Canal Redevelopment Area as #115 C.C.P. Apr. 15,2003 "Notification Serials #9594-96 being eligible and appropriate Urban Renewal treatment, as (#17, 3/18)(Leg)(PW)" defined in Article 15 of the New York State General Municipal Whereas: The above item is currently in the Taxi Cab & Livery Law and authorized the preparation of an Urban Renewal Plan Ad-Hoc Committee; and on January 7, 2003, C.C.P. No. 97; and Whereas: It is no longer necessary for this item to be WHEREAS, the City Planning Board, upon conducting a public considered by that committee; hearing, held on due notice, did consider the Urban Renewal Now, Therefore Be it Resolved: Plan, as prepared by the Office of Strategic Planning, and did That this Common Council does hereby discharge the Taxi submit its report and unqualified recommendations respecting Cab & Livery Ad-Hoc Committee from further consideration of said Plan to the Common Council; and Item #115 C.C.P. Apr. 15, 2003 "Notification Serials #9594-96 WHEREAS, the proposed Urban Renewal Plan conforms to, (#17, 3/18)(Leg)(PW)" and said item is now before the and furthers the implementation of the Comprehensive Plan for Common Council for its consideration. the City of Buffalo, and furthers the development of the Seconded by: Ms. Gray community as a whole and is consistent with local objectives as ADOPT DISCHARGE AND REFERRED TO THE determined by the City Planning Board; COMMITTEE ON LEGISLATION WHEREAS, the Urban Renewal Plan will implement a program of site assembly and redevelopment to upgrade the area along NO. 170 with other private and public improvements to encourage By: Ms. Gray participation in these Re: Discharge Taxi Cab & Livery Ad-Hoc Committee Item programs by private enterprise; #21 C.C.P. Mar. 18, 2003 "Ord. Amend.-Ch. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON 437-Taxicabs/Liveries-Repeal/InstalI Taxi StandsVar. COUNCIL OF THE CITY OF BUFFALO: Locations(PW)" 1. That the "Union Ship Canal Redevelopment Area Urban Whereas: The above item is currently in the Taxi Cab & Livery Renewal Plan", as prepared by the Office of Strategic Ad-Hoc Committee; and Planning, and as approved by the City Planning Board and the Whereas: It is no longer necessary for this item to be Buffalo Urban Renewal Agency, be and the same is hereby considered by that committee; approved; Now, Therefore Be it Resolved: 2. That the Urban Renewal Plan Project Area is substandard That this Common Council does hereby discharge the Taxi and tends to impair or arrest the sound growth and Cab & Livery Ad-Hoc Committee from further consideration of development of the municipality; Item #21 C.C.P. Mar. 18, 2003 "Ord. Amend.-Ch 3. That the Plan as herein approved has been duly reviewed 437-Taxicabs/Liveries-Repeal/InstalI Taxi Stands-Var. and conforms to the comprehensive plan for the development Locations(PW)" and said item is now before the Common of the municipality and the community as a whole; Council for its consideration. 4. That the plan affords maximum opportunity to private Seconded by: Ms. Gray enterprise, consistent with the sound needs of the municipality ADOPT DESCHARGE AND REFERRED TO THE as a whole, for the undertaking of an urban renewal program; COMMITTEE ON LEGISLATION 5. That the Mayor is hereby authorized to execute any and all deeds or other documents necessary to acquire and convey No. 171 lands in the Urban Renewal Area to the City of Buffalo or the By: Mrs. Martino Buffalo Urban Renewal Agency, upon the approval of said SUBJECT: Union Ship Canal Resolution authorizing the deeds or other documents by the Corporation Counsel; and items listed below pursuant to the 6.That the City of Buffalo and the Buffalo Urban Renewal Planning Assistance to States Agency are hereby authorized to acquire by gift, grant, Program purchase, devise, condemnation, eminent domain or otherwise Whereas: The City of Buffalo, herein called the "Municipality", the property located within the Project Area, as defined within after thorough consideration and completion of a Generic said Plan, in furtherance of the Urban Renewal Plan. Environmental Impact Statement for the redevelopment of the REFERRED TO THE COMMITTEE ON COMMUNITY former Hanna Furnace parcels located at 2 and 4 Fuhrmann DEVELOPMENT Boulevard, has hereby determined that developing public access for the 22 acre buffer area surrounding the Union Ship NO. 173 Canal is desirable, in the public interest and will facilitate the BY: Council Member Martino overall redevelopment of the Union Ship Canal project area; RE: Set Public Hearing, Union Ship Canal Redevelopment and Area Urban Renewal Plan Whereas: Section 22 of' the Water Resources Development WHEREAS, the Common Council of the City of Buffalo has Act of 1974, as amended, authorizes the Secretary of the designated the Union Ship Canal Redevelopment Area as Army, acting through the Corps of Engineers, to provide being eligible and appropriate for Urban Renewal treatment as assistance in the preparation of comprehensive plans for the defined in Subdivision 3 of Section 502 of Article 15 of the New development, utilization and conservation of watersheds York State General Municipal Law and has authorized the located in New York State and preparation of such a Plan; and Whereas: In order to further the development of the public WHEREAS, the City Planning Board, upon conducting a public access, a topographic study, and a Public Access Plan must hearing held on due notice, did consider said Plan, prepared by be undertaken, and the Office of Strategic Planning, and approved the proposed Urban Renewal Plan at its Meeting of June 24, 2003, and did submit its report and unqualified recommendations respecting B. Limits and Description. The South Park Special Zoning said Plan to the Common Council; and District shall include all properties fronting on both sides of WHEREAS, Article 15 of the General Municipal Law requires South Park Avenue originating at the intersection of South Park that an Urban Renewal Plan be approved only after a public and Bailey Avenue continuing to the City line at the street hearing is conducted by the governing body, upon due notice; centerline of Dorrance Avenue. NOW, THEREFORE, BE IT RESOLVED: C. Legislative Intent. 1. That the City Clerk is hereby directed to publish the notice (1) This Common Council finds that, in the South Park Special attached hereto and marked "Notice of Hearing" for five Zoning District, that the stability and continued viability of this (5) consecutive days in the Buffalo News and the City area as a sound residential, commercial and cultural area of the Record, beginning no later than the 23rd day of July 2003; City is threatened and thus adversely affects the welfare and and economic well being of the city and its residents. 2. That this Common Council will conduct a public hearing (2) The Common Council therefore finds that future on the matters stated in said "Notice of Hearing" at 10:00 development shall be controlled by the creation of a special a.m. in the Common Council Chambers on Tuesday, July zoning district. 29, 2003. D. Permitted Uses. Any of the uses which presently are ADOPTED pen-flitted pursuant to this Chapter of the Code of the City of Buffalo or which may be established or extended NO. 174 as a matter of night pursuant to said Code, except By: Mrs. Martino those uses herein restricted, shall be permitted uses in Ordinance Amendment the South Park Special Zoning District. Chapter 511 -Zoning E. Restricted Uses. No use shall be permitted in the That the Common Council of the City of Buffalo does hereby South Park Special Zoning District which is a use for dance ordain as follows: halls, nightclubs, car washes, eating and drinking That Chapter 511 of the Code of the City of Buffalo be establishments, take-out food places, tattoo parlors, billiard amended to add new section 511-68.3 to read as follows: parlors and amusement arcades, except as permitted by Section 511-68.3 Abbott/McKinley Special Zoning District subsection F of this section. A. The Abbott/McKinley District, as hereafter limited and F. Restricted Use Pen-nit. described, shall be known as the "Abbott/ McKinley Special (1) Any of the following listed uses may be established or Zoning District." extended, separately or in combination with other uses B. Limits and Description. The Abbott/McKinley Special Zoning permitted in this district, if in compliance with all of the District shall include all properties fronting on both sides of regulations of this chapter, and then only if a restricted use Abbott Road originating at the intersection of South Park and permit is issued pursuant to section 511-55 of this chapter: Bailey Avenue continuing to the City line at the street centerline Amusement arcades of Dorrance Avenue; and both sides of McKinley Parkway Bars originating at the intersection of Bailey Avenue and Heussy Billiard Parlors Street continuing to Abbott Road. Car Washes C. Legislative Intent. Dance Halls (1) This Common Council finds that, in the Abbott/McKinley Eating & Drinking Establishments Special Zoning District, that the stability and continued viability Nightclubs of this area as a sound residential, commercial and cultural Take-Out food places area of the City is threatened and thus adversely affects the Tattoo Parlors welfare and economic well being of the city and its residents. (2) Any person seeking to establish or extend a use restricted (2) The Common Council therefore finds that future by Subsection E of this section shall file an application for a development shall be controlled by the creation of a special restricted use permit as provided by 511-55 of this chapter. zoning district. REFERRED TO THE COMMITTEE ON LEGISLATION D. Permitted Uses. Any of the uses which presently are permitted pursuant to this Chapter of the Code of the No. 176 City of Buffalo or which may be established or extended By Mr. Thompson as a matter of night pursuant to said Code, except Felicitations/In Memoriam those uses herein restricted, shall be permitted uses in Attached hereto are Felicitation and In Memoriam Resolutions the Abbott/McKinley Special Zoning District. sponsored by Members of the Common Council as indicated: E. Restricted Uses. No use shall be permitted in the Felicitation for UniverSoul Circus Abbott/McKinley Special Zoning District which is a use for ADOPTED dance halls, nightclubs, car washes, eating and drinking establishments, take-out food places, tattoo parlors, billiard NO. 177 parlors and amusement arcades, except as permitted by BY: ANTOINE M. THOMPSON subsection F of this section. Appointments F. Restricted Use Permit. Commissioners of Deeds (1) Any of the following listed uses may be established or That the following persons are hereby appointed as extended, Commissioner of Deeds for The term ending December 31, separately or in combination with other uses permitted in this 2004, conditional upon the persons so appointed certifying district, if in compliance with all of the regulations of this under oath to their qualifications and filing same with the City chapter, and then only if a restricted use pen-nit is issued Anna May Amacher Kathleen pursuant to section 511-55 of this chapter: Fulle Amusement arcades Rogers Hicks Denise Bars Hodges Billiard Parlors Patti Boal Car Washes TOTAL 5 Dance Halls ADOPTED Eating & Drinking Establishments Nightclubs NO. 178 Take-Out food places BY ANTOINE M. THOMPSON Tattoo Parlors Appointments (2) Any person seeking to establish or extend a use restricted Commissioners of Deeds by Subsection E of this section shall file an application for a Required for the Proper restricted use permit as provided by section 511-55 of this Performance of Public Duties chapter. That the following persons are hereby appointed as REFERRED TO THE COMMITTEE ON LEGISLATION Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying NO. 175 under oath to their qualifications and filing same with the City By: Mrs. Martino Jerome Marsala Ordinance Amendment Total 1 Chapter 511 - Zoning ADOPTED That the Common Council of the City of Buffalo does hereby ordain as follows: NO. 179 That Chapter 511 of the Code of the City of Buffalo be ANNOUNCEMENT OF COMMITTEE MEETINGS amended to add new section 511-68.2 to read as follows: The following meetings are scheduled. All meetings are held in Section 511-68.2 South Park Special Zoning District the Common Council Chambers, 13 1h floor City Hall, Buffalo, A. The South Park District, as hereafter limited and New York, unless otherwise noted. described, shall be known as the "South Park Special Regular Committees Zoning District." Committee on Civil Service Tuesday, July 15, 2003 at 9:30 o'clock A.M. Committee on Finance Tuesday, July 15, 2003 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, July 15, 2003 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, July 16, 2003 at 10:00 o'clock A.M. Special Committees Spec. Leg. Comm. Mtg. Wednesday, July 9, 2003 at 9:3 0 o'clock A.M. in Room 1417 City Hall re: Expand Radius of Protection to Historic Bldgs/ Create Safeguard Against Gratuitous Demolitions. Spec. Leg. Comm. Mtg. Wednesday, July 9, 2003 at 11:00 o'clock A.M. in Room 1417 City Hall on Increase Fines/Fees Assoc. W/ Dog Control Violations. Regional Governance Wednesday, July 9, 2003 at 2:00 o'clock P.M. in Room 1417 City Hall. Bi-National Bridge Thursday, July 10, 2003 at 2:00 o'clock P.M. in Room 1417 City Hall. MBEC Monday, July 14, 2003 at 10: 00 o'clock A.M. in Room 1417 City Hall. Fruitbelt Redev. Plan Monday, July 14, 2003 at 2:00 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 180 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the Council adjourned at 3:29 pm