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HomeMy WebLinkAbout03-0624 No.(13) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (June 24, 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 I would like to re-appoint Casimier T. Czamara as Chairman of the Emergency Medical Services Board: COMMON COUNCIL RECEIVED AND FILED. CITY HALL - BUFFALO TUESDAY, (JUNE 24, 2003) NO. 3 AT 2:00 P.M. ART IN PUBLIC PLACES Thank you for the Opportunity to address your Honorable PRESENT - James W. Pitts President of the Council, Body regarding the Art in Public Places project for C District and and Council Members Bonifacio, Coppola, Davis, Police Station at the last Finance committee meeting on Fisher, Fontana, Franczyk, Golombek Grant, Gray, 6/17. LoTempio, Martino, and Thompson - 13. We hope the following information provides further clarification as to the extent to which the Arts Commission, ABSENT - None. the Art in Public Places Committee, and the artist have gone to interact with the community: On a motion by Mrs. LoTempio, seconded by 1) The Arts Commission and the Art in Public Places Mr.Fontana, the minutes of the stated meeting held on Committee held three public meetings (Jan., Feb. and June (INSERT DATE) were approved. of 200 1). In addition, members have actively participated in over a dozen meetings that sought support and better FROM THE MAYOR understanding for the selected piece of art for C District (see attached timeline). FROM THE MAYOR 2) The artist, Kenneth Payne, attended the initial Open House in Jan. 200 1. Since that time he has met three times NO. 1 with the Hon. Thompson and has attended two community DESIGNATION OF NOMINEES FOR APPOINTMENT TO meetings on behalf of the process that selected his work. THE 3) In the spirit of cooperation, the artist generously offered to BOARD OF TRUSTEES OF THE BUFFALO AND ERIE seek additional resources and assist the community in COUNTY LIBRARY creating additional works of art for the C District station. The Pursuant to Section 6212 of the Unconsolidated artist was in no way obligated to offer this additional work. Laws, being Chapter 768, Section 2 of the Laws of 1953, However, because the Community has taken such ail transmitted herewith are my designated nominees to the interest in tile project, the artist went above and beyond the Board of Trustees of the Buffalo and Erie County Public requirement of the Art in Public Places procedures in order Library. The County Executive, subject to confirmation by the to create an opportunity to develop greater participation and County Legislature, will appoint one nominee for a term understanding expiring December 31, 2007. 4) Following the submission of more than 30 entries for each Susan Maggiore 133 Bedford Avenue Buffalo, location, the APP Committees, including representatives of NY 14216 the police districts as well as participation by Council offices, Susan Maggiore is a retired Buffalo school carefully reviewed each proposal. Your Honorable Body teacher. Mrs. Maggiore taught at Lafayette High School voted to approve the B District APP Committee's selection in since 1964 and from 1975-1999 served on the Board of 2001. The APP Committees for both B & C Districts followed Directors of Lafayette High School Alumni Association, as tile same process as approved by Your Honorable Body. We fundraiser, school liaison, scholarship chairperson, and respectfully request Your Honorable Body reaffirm the writer for the alumni newspaper. adopted process and approve the C District APP David F. Granville 9 Cottage Street Buffalo, Committee's selection. Your Honorable Body will accomplish N.Y. 14201 closure to a process that you established and adopted. Mr. Granville is the Executive Director, City of The major point to be resolved is the role of private Buffalo Arts Commission. He serves as administrative for a citizens in the selection process and, more importantly, 15 member City of Buffalo Arts Commission and 17 member to what extent should individual citizens' opinions Arts and Cultural Funding Advisory Committee. From 1986 influence the selection of public art?” thru 1993) David was Director/Assistant Director of Niagara The Buffalo Arts Commission followed the procedures University Theatre, Buffalo Ensemble Theatre, Holy Name approved by the Mayor and the Common Council. This College Theatre (Oakland, CA), Greater Buffalo Opera is consistent with what other city do, i.e., let Company, and Eastman School of Music Opera Theatre professionals/experts, make the informed decision (Rochester, N.Y.) through a clearly defined process. Maureen Danahy, SSJ, 151 Summit Avenue We believe the attached timeline demonstrates that the Arts Buffalo, N.Y. 14201 Commission took its prescribed charge very seriously. In At the present time Maureen Danahy is Director of addition, we continue to seek out and meet with the District the Mayor's Internship Program. From 1972-1998 she was councilperson and his representatives. an elementary school teacher. Maureen has taught grades The Buffalo Arts Commission wishes to continue to work 2-8 over the course of her teaching career. with the Common Council on this matter. We believe that I hereby certify that the above designees are fully changes to tile process to involve greater citizen participation qualified to serve as members of the Board of Trustees of merits serious consideration. the Buffalo and Erie County Library. We hope that you will seriously consider the artist's offer to Mrs. LoTempio Moved involve the community in the current project. That the above communication from the Mayor Please let us know if you'd like any further information. We dated June 16, 2003, be received and filed; and look forward to your response and counsel. That Susan Maggiore, 133 Bedford Avenue, David RECEIVED AND FILED. F. Granville, 9 Cottage Street and Maureen Danahy, SSJ, 151 Summit Avenue are hereby nominated to the Board of FROM THE BOARD OF PARKING Trustees of the Buffalo and Erie County Library subject to the confirmation of one nominee by the Erie County NO. 4 Legislature, for a term expiring December 31, 2007. CHANGE ORDER NO. I Passed ADDITION TO THE ROBERT B. ADAM AYES-13. NOES-0. PARKING RAMP I hereby submit to your Honorable Body the following FROM THE MAYOR-EXECUTIVE DEPARTMENT changes for the addition to Robert B. Adam parking ramp. FROM THE BUFFALO ARTS COMMISSION SUPERSTRUCTURE NO. 2 Crane Hogan Structural Systems Inc. - Contract No. RE-APPT. OF MEMBERS TO THE EMERGENCY 92010728 MEDICAL SERVICES BOARD Original Contract $3,105.560.00 Pursuant to the powers vested in me in Change Order No. I Chapter 6 of the Code of the City of Buffalo, I hereby Alternative forming system $30,730.55 re-appoint the following member to the Emergency Additional steel reinforcement at stairs 3,545.00 Medical Services Board: Additional to build stairs to existing Re-Appointment: Construction 3,803.00 Casimier T. Czamara 941 Amherst Street Additional concrete to existing stairs 4,340.00 Bflo., 14216 Concrete Reinforcement Allowance - 3,400.00) Mr. Czamara's term will commence immediately and expire Total Change Order No. I $39,018.55 June 30, 2006. New Contract Amt. $3,144,578.55 I hereby certify that the above named individual is fully ARCHITECTURAL PRE-CAST qualified to serve as a member of the Emergency Medical Modem Mosaic Ltd. - Contract No. 92010757 Services Board. Original Contract $935,600.00 Change Order No. I Crane Hogan Structural Systems Inc., Contract No. Hardware change from stainless to galvanize (-42,800) 92010728, an increase in the amount of $39,018.55, change Entrance grade changes (- 1,108) order No. 1, to Modem Mosaic Ltd., Contract No. 92010757, Total Change Order No. 1 (-43,818) a decrease in the amount of $43,818.00, change order No. New Contract Amt. $891,782.00 1, to C & L Plumbing, Inc., Contract No. 9201075 8, an PLUMBING increase in the amount of $20,982.00, change order No. 1, C & L Plumbing, Inc. - Contract No. 92010758 to W.C. Roberson Plumbing & Const. Corp., Contract No. Original Contract $30,900.00 92010732, a decrease in the amount of $3,019.00, change Change Order No. 1 order No. 1, to CIR Electrical Construction Inc., Contract No. 2 pumps, piping & permit for 92010734, an increase in the amount of $102,402.48, water pressure $17,002.00 change order No. 1, to Summit Construction Groups Inc., Additional floor drain 3,980.00 Contract No. 92010727, an increase in the amount of Total Change Order No. I $20,982.00 $159,469.95, change order No. 1, to Victor Liberator Time New Contract Amt. $51,882.00 Systems, Contract No. 92010739, an increase in the amount MECHANICAL of $23,626.04, change order No. 1, to ThyssenKrupp W.C. Roberson Plumbing & Const. Co Elevator Co., Contract No. 92010772, an increase in the - Contract No. 92010732 amount of S8,0 10.00, change order No. 1, to Urbitran Original Contract $11,278.00 Associates, Contract No. 9201063 5, an increase in the Change Order No. I amount of $19,2 10.00, as more fully described in the above Exhaust fan & heater change $ (-communication, for work relating to addition to Robert B. 3,019.00) Adam parking ramp. Funds for this project are available in Total Change Order No. $ (-3.019.00) bond account 5 1019046 445100. New Contract Amt. Passed ELECTRICAL AYES-13. NOES-0. CIR Electrical Construction Inc - Contract No. 92010734 Original Contract $314,100 NO. 5 Change Order No. I SKYWAY LOT NO. 3 Larger panel boards $ 1,918 The existing three (3) year lease for the above mentioned Addition work for elevator service parking lot is about to expire. The Board of Parking for 4 new cabs $ 37,818 advertised for a new three year lease on June 2, 2003. A Change lighting at entrance $ 3,002 public bid opening was held on June 19,2003 at 12:30 p.m. Re-work exhaust fan in electric room $ 934 in the office of the Board of Parking, 1801 City Hall, the Rewire for energy panels $ 56,478 results are as follows: Power for temporary water $ 353 (Current Annual Rental is $33,000) Temporary power disconnect & BIDDER ANNUAL RENTAL re-connect $ Standard Parking 605.48 125 Carlton Additional photo cells $ 1,294.00 Buffalo, NY 14032 $29,400 Total Change Order No. I $ Pro Park LLC 102,402.48 465 Main Street - Suite 150 New Contract Amt. $ Buffalo, NY 14203 $28,282 416,502.48 Allright NY Parking ALLTRADES 107 Delaware - Suite One Summit Construction Groups Inc. - Contract No. 92010727 Buffalo, NY 14202 $18,000 Original Contract At this time we would recommend a three (3) year lease be $1,252,500.00 awarded to Standard Parking as the highest responsible Change Order No. I bidder in the amount of $29,400. Re-program elevator $ Mrs. LoTempio Moved: 8,572.95 That the above communication from the Board of Walkway protection at Parking dated June 18, 2003, be received and filed; and Eagle Street $3,657.00 That the Chairman of the Board of Parking be, and Additional Structural steel he hereby is authorized to award a contract for the Skyway at elevator towers for four (4) Lot No. 3, to Standard Parking, the highest responsible new cabs and demo of existing bidder, for a three (3) year lease in the amount of $29,400. machine rooms. $147,240.00 Passed. Total Change Order No. I $159,469.95 AYES-13. NOES-0. New Contract Amt. $1,411,969.95 PARKING EQUIPMENT Victor Liberator Time Systems - Contract No. 92010739 FROM THE BUFFALO PRESERVATION BOARD Original Contract $140,950.00 Change Order No. I NO. 6 Additional gate, ticket printer and PROPOSED LANDMARK DESIGNATION (HRG. 7/1) Communication equipment 23,626.04 11 PLYMOUTH AVENUE Total Change Order No. I $ 23,626.04 BUFFALO, NEW YORK 14201 New Contract Amt. $164,576.04 At its regular meeting on June 12, 2003, the ELEVATOR Buffalo Preservation Board, having conducted a public ThyssenKrupp Elevator Co. - Contract No. 92010772 hearing on May 29, 2003, as required by the Preservation Original Contract $530,200.00 Standards of the Buffalo Code, recommended designation of Change Order No. I 11 Plymouth Avenue, as a local historic landmark. Eliminate New Door Frames $ (-8,010.00) This recommendation is the result of findings Total Change Order No. I $ (-8,010.00) contained in a report prepared by the Board's Landmark New Contract Amt. $522,190.00 Designation Committee. A copy of the Committee's report ARCHITECTURAL SERVICES and the Landmark Application/Photos are enclosed for your Urbitran Associates - Contract No.92010635 information (referto Attachments 1 & 2). Original Contract Amt. $ 271,500.00 The Preservation Board determined that this Change Order No. 1 structure meets the following criteria specified in the Code Revision of Vehicular Circulation$ 7,690.00 for landmark designation: Wind screens $ 6,600.00 (1) It exemplifies the historic, aesthetic, architectural, Energy Saving Panels $ 4,920.00 archaeological, educational, economic, or cultural heritage of Total Change Order No. 1 $ 19,210.00 the New Contract Amt. $ 290,710.00 city, state or nation; These changes could not be foreseen at the time the (2) It is identified with a person or persons who significantly contract was let. All costs have been reviewed by the contributed to the development of the city, state or nation; architect and the construction manager and found to be fair (3) It embodies distinguishing characteristics of an and equitable. Funds for this work are available in bond architectural account 51019046 445100. style valuable for the study of a period, type, method of I request that your Honorable Body authorize a change order construction to the contracts as set forth above. or use of indigenous materials; Mrs. LoTempio Moved: (4) It is the work of a master builder, engineer, designer, That the above communication from the Board of architect or landscape architect whose individual work has Parking dated June 18, 2003, be received and filed; and influenced the development of the city, state or nation That the Chairman of the Board of Parking be, and ; he hereby is authorized to issue change order No. 1, to (5) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The Division of Permit and Inspection Services Pursuant to Article III, Section 337-9 through 12 of and the Division of Collections have no objection to the sale. the Preservation Standards, the Committee on Legislation There are no building code violations, taxes or other liens shall hold a public hearing on this item and report back to the owed to the City of Buffalo by the purchaser. Common Council with a recommendation on its findings. I am recommending that Your Honorable Body For your information, the owner of record supports approve the bid of Mr. Jarvis Louis Slater in the amount of the proposed landmark designation (refer to Attachment 3). seven thousand seven hundred fifty dollars ($7,750). 1 am The owner is: Mr. Christopher N. Brown 11 further recommending that the Corporation counsel prepare Plymouth Avenue Buffalo, New York 14201 the necessary documents for the transfer for title and that For the record, the vote by the Buffalo Preservation Board the Mayor by authorized to execute the same. on this item was as follows: Mrs. LoTempio moved: Ayes: Baer, Carroll, Guerra, Gurney, Kimberly, Klaric, That the offer by Mr. Jarvis Louis Slater for the purchase Laping, Masters & Singleton of 147 Woodlawn in the amount of seventy thousand, seven Noes: None hundred fifty dollars ($7,750) be and hereby is accepted; Absent: Lydon That the Corporation Counsel prepare the necessary Motion carried. documents for transfer of title and that the Mayor be If you have any questions, please contact Thomas authorized to execute the same. W. Marchese, Executive Secretary, at 851-5029. PASSED. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES-13. NOES-0. FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 RESULTS OF NEGOTIATIONS NO. 7 1608 BAILEY, 372.44' N BROADWAY OAK STREET REDEVELOPMENT VACANT LOT: 12' X 110' PROJECT NYR- 197 ASSESSED VALUATION: 1,300. APPROVAL OF CONTRACT FOR SALE OF LAND 19,166 The Office of Strategic Planning, Division of Real SQ. FT. Estate has received a request ~:o purchase 1608 Bailey ELLICOTT/NEW VIRGINIA Avenue from Mr. William Gorski and Mrs. Mary Gorski, 169 The City of Buffalo Urban Renewal Agency duty Diane Drive, Cheektowaga, New York 14225. Mr. and Mrs. designated Buffalo Niagara Medical Campus, acting on Gorski own a commercial motor vehicle body shop at 1602 behalf of Roswell Park Cancer Institute Corporation and/or Bailey. They intend to use 1608 Bailey for additional parking joint venture, partnership, corporation or other legal entity to space for their business, which is adjacent to the property be formed as the qualified and eligible Redeveloper for the they own. subject parcel. The Division of Permit and Inspection Services The Agency has also determined that the and the Division of Collections have no objections to the proposed Land Disposition Agreement negotiated by the sale. There are no building code violations, taxes or other Agency and the Redeveloper is satisfactory. liens owed to the City of Buffalo by the purchasers. Please be advised that in accordance with the The Division of Real Estate has investigated the provisions of Article 15A of the General Municipal Law, it is sale of similar parking lot properties in the subject area. now necessary for your Honorable Body to set a date for a Sales prices range from fifty cents (.50) to one dollar ($1.00), public hearing, and to direct the publication of a notice of per square foot. said hearing. In the interest of time and anticipating that Your The results of our negotiations are that Mr. and Honorable Body is willing to expedite this matter, I have Mrs.Gorski have agreed and are prepared to pay one taken the liberty to prepare a Resolution together with a thousand dollars ($1,000), seventy-five cents (.75) per Notice of Public Hearing for your action. square foot, for the subject property. They have also agreed Forwarded separately are the following to pay for the cost of the transfer tax, recording fees and cost documents: of the legal description. 1. Resolution setting Public Hearing I am recommending that Your Honorable Body 2. Notice of Public Hearing approve the sale of 1608 Bailey Avenue to Mr. and Mrs. 3. Resolution approving proposed Land William Gorski in the amount of one thousand dollars Disposition Agreement ($1,000). 1 am further recommending that the Corporation After the Public Hearing is held, Your Honorable Counsel prepare the necessary documents for the transfer of Body may adopt a Resolution authorizing the disposition of title and that the Mayor be authorized to execute the same. the land to the Redeveloper, which the Agency has REFERRED TO THE COMMITTEE ON FINANCE. designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY NO. 10 DEVELOPMENT. RESPONSE CONVEYANCE OF LAND TO ADMIRALS WALK CONDOMINIUM NO. 8 The above referenced item is a request from REPORT OF AUCTION Susan Grzeskowiak, property manager for the Admiral Walk 147 WOODLAWN, 24' E MASTEN Condominium to conveyance City-owned land on Ojibwa LOT SIZE: 76' X 60' Circle to Admiral Walk Condominium. ASSESSED VALUATION: Land - $2,300 Please be advised that the parcel in question, is TOTAL $40,300 part of Parcel #16 owned by the Buffalo Urban Renewal On January 30, 2003 the office of Strategic Agency and should be referred to the Buffalo Urban Planning, Division of Real Estate, held a public auction. Renewal Agency. After due notice and advertisement, the following bid was REFERRED TO THE COMMITTEE ON COMMUNITY received for the above captioned property: DEVELOPMENT. NO 11 PURCHASER TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM ADDRESS BID AMOUNT NAME AND 188 FOX (CITY OWNED-VACANT LOT, 30' X 132') ADDRESS The Office of Strategic Planning has surveyed the 147 Woodlawn $7,750.00 Mr. Jarvis Louis city-owned vacant lot at 188 Fox Street, Buffalo New York Slater 14211, parcel is 30' x 132' in dimension; and it has been 70 Benwood determined this parcel is inappropriate ft either the Avenue construction of new housing or needed for public purposes. Buffalo, New York Ms. Maggie Springs residing at 186 Fox Street, 14214 Buffalo, New York 14211 has indicated she will clean, The subject property consists of a two story improve and maintain the lots in the event that she obtains frame, eight unit apartment building acquired by the City of title to the property under the Urban Homestead Program. Buffalo through tax foreclosure in 2002. The purchaser The Division of Permit and Inspection Services intends to acquire, rehabilitate and rent for income and the Division of Collections have been contacted. There purposes. The purchaser has provided a plan and estimate are no property code violations, taxes or other liens owed to of repair costs to bring the building into code compliance. the City of Buffalo by the homesteader. He has also provided proof of his financial ability to We, therefore, recommend the city-owned vacant complete the cost of purchase and repairs. lot to be designated as a Homestead Property and b Mr. Slater has agreed to pay for the cost of the transferred to Ms. Maggie Springs on the condition that the transfer tax, recording fees and cost of the legal description. property is cleaned and improved within (6) months and The City will provide no search or survey. maintained in a sanitary manner. The bid price is the amount to be received by the Mrs. LoTempio moved: City. The buyer will be required to pay a ten percent buyer That the City owned property known as 188 Fox is premium to Cash Realty and Auction. hereby designated as Homestead Property and that title of such property shall be transferred to Ms. Maggie Springs on the condition that the property is cleaned and improved NO. 15 within 6 months and maintained in a sanitary manner. BOND CLOSEOUT PASSED. The City of Buffalo issues bonds to provide funds to AYES-13. NOES-0. finance the costs of various capital projects which are described in the bond resolutions submitted to the Common NO. 12 Council. When we raise capital funds by selling bonds, it is TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM reasonable to anticipate that all of the projects will proceed 177 WINSLOW (CITY OWNED-VACANT LOT, 30' X 102') timely and binding commitments for the completion of the The Office of Strategic Planning has surveyed the projects will be entered into in a timely manner. Proceeds of city-owned vacant lot at 177 Winslow Street., Buffalo, New bonds not expended for the object or purpose for which the York 14208, parcel is 30' x 102' in dimension-, and it has bonds were sold must be applied to the payment of principal been determined this parcel is inappropriate for either the and interest on such bonds (Local Finance Law - Section construction of new housing or needed for public purposes. 165.00) Mr. David J. Young residing at 171 Winslow The following account(s) listed below: I ) have a balance too Street, Buffalo, New York t4208 has indicated he will clean, small to proceed with project, 2) have no further improve and maintain the lot in the event that he obtains title commitments, 3) will not be used since projects incomplete to the property under the Urban Homestead Program. 4) have had no activity for a number of years, or 5) have The Division of Permit and Inspection Services never been used. and the Division of Collections have been contacted. There Org # 34321806 are no property code violations, taxes or other liens owed to Acct Name Construction of S. Comm. Ctr. the City of Buffalo by the homesteader. Unencumbered Balance: $2,962,215.33 We, therefore, recommend the city-owned vacant 2003/04 Debt Serv.: $278,618.76 lot to be designated as a Homestead Property and be Future Debt Serv.: $2,683,596.57 transferred to Mr. David J. Young, on the condition that the If these accounts are closed, $278,618.76 can be used as a property is cleaned and improved within (6) months and resource to pay 2003-2004 City debt. Also, $2,683,596.57 maintained in a sanitary manner. can be used as a resource to pay future debt service. Mrs. LoTempio moved: Upon favorable action by your Honorable Body, my office will That the City owned property known as 177 Winslow is close the bond account(s) and apply the remaining hereby designated as Homestead Property and that title of resources as set forth above. such property shall be transferred to Mr. David J. Young on REFERRED TO THE COMMITTEE ON FINANCE. the condition that the property is cleaned and improved within 6 months and maintained in a sanitary manner. NO. 16 PASSED. CERTIFICATE OF NECESSITY AYES- 13, NOES-0. INCREASED APPROPRIATION RESERVE FOR CAPITAL OUTLAY NO. 13 VARIOUS DEPARTMENTS TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, 265 WOLTZ (CITY OWNED-VACANT LOT, 28' X 108') Deputy Comptroller, do hereby certify pursuant to §20-11 of The Office of Strategic Planning has surveyed the the Charter, that an increase in the sum of $1,204,586 in the city-owned estimate for the fiscal year beginning July 1, 2003 is vacant lot at 265 Woltz Avenue, Buffalo, New York 14211, necessary in Appropriation Allotments for Capital Outlay in parcel is 28' x 108' in dimension; and it has been determined various departments as indicated below, to meet a this parcel is inappropriate for either the construction of new contingency which could not have been reasonably foreseen housing or needed for public purposes. when the budget was adopted. The amount of increased Ms. Mae F. Moses residing at 269 Woltz Avenue, appropriation will be met from the Reserve for Capital Buffalo, New York 14211 has indicated she will clean, Budget - 10700096 - 397200 - not otherwise appropriated for improve and maintain the lots in the event that she obtains any other purpose. The details of the requirements are set title to the property under the Urban Homestead Program. forth below: The Division of Permit and Inspection Services To: and the Division of Collections have been contacted. There 16551007 474100 Permits Equipment are no property code violations, taxes or other liens owed to $98,950 the City of Buffalo by the homesteader. 11475007 474100 PVB Equipment We, therefore, recommend the city-owned vacant 74,620 lot to be designated as a Homestead Property and be 11782007 474100 Print Shop Equipment transferred to Ms. Mae F. Moses on the condition that the 4,500 property is cleaned and improved within (6) months and 10871007 474100 MIS Equipment maintained in a sanitary manner. 400,000 Mrs. LoTempio moved: 10647007 474100 Assessment Equipment That the City owned property known as 265 Woltz is 18,144 hereby designated as Homestead Property and that title of 11150007 474100 Budget Equipment such property shall be transferred to Ms. Mae F. Moses on 3,200 the condition that the property is cleaned and improved 10441007 474100 Comptroller Equipment within 6 months and maintained in a sanitary manner. 25,000 PASSED. 16550007 474100 Inspections Equipment AYES-13. NOES-0. 90,000 10314007 474100 Real Estate Equipment FROM THE COMPTROLLER 459 11781007 474200 Inventory & Stores Vehicles NO. 14 28,000 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS 10311007 474100 Zoning Board Equipment RECEIVABLE 300 Attached hereto is a listing of various accounts receivable 12132007 474100 Fire Equipment invoices totaling $1,459,674.58. The departments have 100,000 requested the invoices listed be abated. Numerous attempts 11556007 474100 Treasury Equipment have been made to collect these outstanding receivables 7,913 without success. The Division of Collections has concurred. 12003007 474100 Police Equipment The Department of Law has agreed these invoices are 353,500 uncollectible for one or more of various reasons including but not limited to the following: unlocated or indigent defendants; $1,204,586 insufficient amount in controversy; insufficient documentation Dated: Buffalo, NY, June 17, 2003 for claim; lack of legal basis for claim bankruptcy and lapse RECEIVED AND FILED. of time. We are forwarding this for your review and approval of the NO. 17 abatement of these accounts totaling $1,459,674.58 as COMPREHENSIVE ANNUAL FINANCIAL REPORTI required by Charter to remove such open accounts from the FOR FISCAL YEAR ENDED JUNE 30, 2002 City's records ' Since an amount has been reserved in prior This is to advise that copies of the Comprehensive Annual years to provide for the possibility that these accounts Financial Report of the Comptroller of the City of Buffalo for become uncollectible, there will be no effect on the City's the fiscal year ending June 30, 2002 have been delivered to fund balance as a result of this. each Councilmember, the Common Council Chief of Staff, REFERRED TO THE COMMITTEE ON FINANCE. the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Ernst & Young LLP. I This report is available as a public record for inspection by all interested parties. FROM THE COMMISSIONER OF PUBLIC WORKS, Pursuant to Section 35 of the General Municipal Law, the PARKS AND STREETS Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and NO. 22 file such response with the City Clerk as a public record for NOTIFICATION SERIAL #9670 inspection by all interested parties not later than September INSTALL HANDICAPPED PARKING 19, 2003. GENESEE STREET, NORTH SIDE REFERRED TO THE COMMITTEE ON FINANCE. BETWEEN FREUND STREET AND ROGERS AVENUE NO. 18 HANDICAPPED PARKING - INSTALL ERIE BASIN MARINA In conformity with Section 49 of Chapter 479 of the ANNUAL AUDIT Ordinances of the City of Buffalo, the City Engineer hereby DESCRIPTION notifies Your Honorable Body of this action supplementing, An agreement, dated on or about August 1, 2002, between amending, or repealing existing provisions of Chapter 479 of the City of Buffalo and Brand-On Services, Inc. leases the the Ordinances, as stated below, to be effective forty five Marina facility for an additional five years. days after the first Council meeting at which they appear on AUDIT FINDINGS the agenda as an item business. The City has realized $201,735.65 in Marina rental That that part of Subdivision 26 Section 15 of Chapter 479 of receivables for the 2002 Ordinances of the City of Buffalo be supplemented by adding Based on the above, Brand-On Services, Inc. reported sales thereto the following: HANDICAPPED PARKING and operation receipts totaling $966,159, of which HANDICAPPED PARKING LOCATION PERIOD OF approximately 21% ($201,736) was due to the City. HANDICAPPED PARKING Our annual audits of the sales receipts reported to the City Genesee Street, north side At all times by both former and current tenant operators revealed an between a point 144 feet west of Freund Street increase in food, beverage, and sundry sales of and a point 20 feet west therefrom approximately 30% and 16% for the 2001 and 2002 seasons This action is being taken at the request of Community respectively. Services for the Developmentally Disabled to facilitate Due to the late signing of the previously discussed wheelchair access. agreement, the Department of Public Works actually billed and collected the 2002 season slip rentals and made timely NOTIFICATION SERIAL # 9671 deposits of said receipts with the City Treasury. On June 11, INSTALL STOP SIGNS 2002, the tenant operator requested release by the City the IN EAST STREET estimated over-collections of these rentals totaling $60,000, AT HAMILTON STREET less outstanding liabilities (utility invoices) due to the City. STOP SIGNS (ALL-WAY) - INSTALL The Comptroller of the City of Buffalo performed the audit In conformity with Section 49 of Chapter 479 of the and found that the financial records maintained by Brand-On Ordinances of the City of Buffalo, the City Engineer hereby Services, Inc. contain the basic elements to satisfy the City notifies Your Honorable Body of this action supplementing, for the purpose of auditing remittances to the City of Buffalo. amending, or repealing existing provisions of Chapter 479 of The results of our field audit are as follows: A trial balance of the Ordinances, as stated below, to be effective forty five general ledger accounts revealed all accounts were in days after the first Council meeting at which they appear on agreement. Based on our test sample, we are 95% confidant the agenda as an item business. that the reported sales revenues are a fair and accurate That that part of Subdivision 9 Section 11 of Chapter 479 of basis to provide the subsequent computation of Marina Ordinances of the City of Buffalo be supplemented by adding rentals due to the city, One invoice totaling $433.97 was not thereto the following: STOP SIGNS recorded. A copy of this billing was forwarded. Construction VEHICLES ON SHALL STOP BEFORE ENTERING costs reported to the City were traced and agreed to the East Street Hamilton Street general ledger. Payments were traced and agreed to This action is deemed necessary to properly control traffic at applicable M&T Bank statements, The above costs included this intersection. purchases totaling $4,75 1.00 from the Home Depot. We have requested a detailed list of items purchased. NOTIFICATION SERIAL # 9672 PERMISSIVE PARKING - Our Summary of Marina rentals reveals that Brand-On REPEAL ON SEVENTH STREET, EAST SIDE BETWEEN Services owes the City a balance due of $3,073.21. Upon COURT STREET AND W. GENESEE STREET receipt of said balance, the Comptroller's Department will PERMISSIVE PARKING - REPEAL effect an adjustment to credit the outstanding utility In conformity with Section 49 of Chapter 479 of the receivables totaling $16,818.26 as of December 31, 2002. Ordinances of the City of Buffalo, the City Engineer hereby REFERRED TO THE COMMITTEE ON FINANCE AND THE notifies Your Honorable Body of this action supplementing, COMMISSIONER OF PUBLIC WORKS amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five NO. 19 days after the first Council meeting at which they appear on ERIE COUNTY BOARD OF the agenda as an item business. ELECTIONS -CLAIM That that part of Subdivision 25 Section 15 of Chapter 479 of ITEM 59 CCP JUNE 10, 2003 F. WOLF - MONIES OWED Ordinances of the City of Buffalo be supplemented by TO THE ERIE COUNTY BOARD OF ELECTION repealing therefrom the following: PERMISSIVE PARKING The referenced item has been referred to our office for PERMISSIVE PARKING LOC PERIOD OF PERMISSIVE response. Be advised that we are in the process of PARKING - DAILY contacting the Eric County Attorney and Board of Elections Seventh Street, east side between Court 2 Hour offices to review this claim. We will report our finding as soon Parking as possible and recommend that this item be tabled in Street and W. Genesee Street 8:00 am anticipation of our response. to 6:00 pm REFERRED TO THE COMMITTEE ON FINANCE. Except Sunday J NO. 20 This action is being taken in conjunction with the Downtown MBBA FINANCING OF BUFFALO SCHOOL Buffalo Parking Infrastructure Task Force study to provide DISTRICT PRIOR YEAR CLAIMS more user friendly on-street parking in Downtown Buffalo. This is a letter from our bond counsel, Todd Miles, explaining the need for adoption of the resolution to authorize the City's NOTIFICATION SERIAL # 9673 PERMISSIVE PARKING - participation in the MBBA Financing of Buffalo School REPEAL ON SEVENTH STREET, WEST SIDE BETWEEN District COURT STREET prior year claims. C: AND W. GENESEE STREET RECEIVED AND FILED. PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the NO. 21 Ordinances of the City of Buffalo, the City Engineer hereby CERTIFICATE OF APPOINTMENT notifies Your Honorable Body of this action supplementing, Appointment Effective: June 18, 2003 In the Department of: amending, or repealing existing provisions of Chapter 479 of Audit and Control, Division of: Audit to the Position of Senior the Ordinances, as stated below, to be effective forty five Auditor days after the first Council meeting at which they appear on Temporary Appointment at the Maximum Starting Salary of $ the agenda as an item business. 40,772 That that part of Subdivision 25 Section 15 of Chapter 479 of Gloria Schiavone Ordinances of the City of Buffalo be supplemented by 3 Hecla Street repealing therefrom the following: PERMISSIVE PARKING Buffalo, New York 14216 PERMISSIVE PARKING LOCATION PERIOD OF REFERRED TO THE COMMITTEE ON CIVIL SERVICE. PERMISSIVE PARKING - DAILY Seventh Street, west side between 2 Hour Parking PERMISSIVE PARKING - INSTALL Court Street and W. Genesee Street 8:00 am to 6:00 pm In conformity with Section 49 of Chapter 479 of the Except Sunday Ordinances of the City of Buffalo, the City Engineer hereby This action is being taken in conjunction with the Downtown notifies Your Honorable Body of this action supplementing, Buffalo Parking Infrastructure Task Force study to provide amending, or repealing existing provisions of Chapter 479 of more user friendly on-street parking in Downtown Buffalo. the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on NOTIFICATION SERIAL # 9674 INSTALL METERED the agenda as an item business. PARKING ON SEVENTH STREET, EAST SIDE FROM That that part of Subdivision 29 Section 15 of Chapter 479 of COURT STREET TO WEST GENESEE STREET Ordinances of the City of Buffalo be supplemented by adding (EXCLUDING EXISTING NO PARKING AND NO thereto the following: METERED PARKING STANDING AREAS) Metered Parking Loc Period of Metered Pkg Rate of Metered PERMISSIVE PARKING - INSTALL Parking In conformity with Section 49 of Chapter 479 of the Genesee Street, 10 Hour Parking Rate D Ordinances of the City of Buffalo, the City Engineer hereby south side between 7:00 am to 5:00 pin $2.00 per day notifies Your Honorable Body of this action supplementing, Fourth Street and Monday - Friday amending, or repealing existing provisions of Chapter 479 of South Elmwood Avenue the Ordinances, as stated below, to be effective forty five (excluding existing No days after the first Council meeting at which they appear on Parking and No Standing areas) the agenda as an item business. This action is being taken in conjunction with the Downtown That that part of Subdivision 29 Section 15 of Chapter 479 of Buffalo Parking Infrastructure Task Force study to provide Ordinances of the City of Buffalo be supplemented by adding more userfriendly on-street parking in Downtown Buffalo. thereto the following: METERED PARKING Metered Parking Loc Period of Metered PKG Rate of NOTIFICATION SERIAL # 9678 PERMISSIVE PARKING - Metered Parking REPEAL ON WEST GENESEE STREET, SOUTH SIDE Seventh Street, east 10 Hour Parking Rate D BETWEEN NIAGARA SQUARE AND FRANKLIN STREET side from Court Street 7:00 am to 5:00 pin $2.00 per day PERMISSIVE PARKING - REPEAL to West Genesee St Monday - Friday In conformity with Section 49 of Chapter 479 of the reet (excluding existing No Ordinances of the City of Buffalo, the City Engineer hereby Parking and No notifies Your Honorable Body of this action supplementing, Standing areas) amending, or repealing existing provisions of Chapter 479 of This action is being taken in conjunction with the Downtown the Ordinances, as stated below, to be effective forty five Buffalo Parking Infrastructure Task Force study to provide days after the first Council meeting at which they appear on more user friendly on-street parking in Downtown Buffalo, the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of NOTIFICATION SERIAL # 9675 INSTALL METERED Ordinances of the City of Buffalo be supplemented by PARKING ON SEVENTH STREET, WEST SIDE FROM repealing thereftorn the following: PERMISSIVE PARKING COURT STREET TO WEST GENESEE STREET PERMISSIVE PARKING LOCATION PERIOD OF (EXCLUDING EXISTING NO PARKING AND NO PERMISSIVE PARKING - DAILY STANDING AREAS) West Genesee Street, south 2 Hour Parking PERMISSIVE PARKING - INSTALL side between Niagara Square 7:00 am to 7:00 In conformity with Section 49 of Chapter 479 of the PM Ordinances of the City of Buffalo, the City Engineer hereby and Franklin Street Except Sunday notifies Your Honorable Body of this action supplementing, This action is being taken in conjunction with the Downtown amending, or repealing existing provisions of Chapter 479 of Buffalo Parking Infrastructure Task Force study to provide the Ordinances, as stated below, to be effective forty five more userfriendly on-street parking in Downtown Buffalo. days after the first Council meeting at which they appear on the agenda as an item business. NOTIFICATION SERIAL # 9679 That that part of Subdivision 29 Section 15 of Chapter 479 of INSTALL METERED PARKING Ordinances of the City of Buffalo be supplemented by adding ON WEST GENESEE STREET, SOUTH SIDE thereto the following: METERED PARKING BETWEEN NIAGARA SQUARE Metered Parking Loc Period of Metered PKG Rate of AND FRANKLIN STREET Metered Parking (EXCLUDING EXISTING NO PARKING Seventh Street, 10 Hour Parking Rate D AND NO STANDING AREAS) west side from 7:00 am to 5:00 pm $2.00 per day PERMISSIVE PARKING - INSTALL Court Street to Monday - Friday In conformity with Section 49 of Chapter 479 of the West Genesee Ordinances of the City of Buffalo, the City Engineer hereby Street (excluding notifies Your Honorable Body of this action supplementing, existing No Parking amending, or repeating existing provisions of Chapter 479 of and No Standing areas) the Ordinances, as stated below, to be effective forty five This action is being taken in conjunction with the Downtown days after the first Council meeting at which they appear on Buffalo Parking Infrastructure Task Force study to provide the agenda as an item business. more user friendly on-street parking in Downtown Buffalo. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding NOTIFICATION SERIAL # 9676 PERMISSIVE PARKING - thereto the following: METERED PARKING REPEAL ON WEST GENESEE STREET, SOUTH SIDE Metered Parking Locations Period of Metered Parking BETWEEN FOURTH STREET AND SOUTH ELMWOOD Rate of Metered Parking AVENUE West Genesee Street, south side 2 Hour Parking PERMISSIVE PARKING - REPEAL Rate C In conformity with Section 49 of Chapter 479 of the between Niagara Square 8:00 am to 5:00 pin $ 1.00 Ordinances of the City of Buffalo, the City Engineer hereby per hour notifies Your Honorable Body of this action supplementing, and Franklin Street Monday - Friday 2 hour amending, or repealing existing provisions of Chapter 479 of maximum the Ordinances, as stated below, to be effective forty five (excluding existing No Parking days after the first Council meeting at which they appear on and No Standing areas) the agenda as an item business. This action is being taken in conjunction with the Downtown That that part of Subdivision 25 Section 15 of Chapter 479 of Buffalo Parking Infrastructure Task Force study to provide Ordinances of the City of Buffalo be supplemented by more userfriendly on-street parking in Downtown Buffalo. repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOC PERIOD OF PERMISSIVE NOTIFICATION SERIAL # 9680 PERMISSIVE PARKING - PARKING - DAILY REPEAL ON GENESEE STREET, SOUTH SIDE West Genesee Street, south 2 Hour Parking BETWEEN WASHINGTON STREET AND ELLICOTT side between Fourth Street 7:00 am to 7:00 pm STREET and South Elmwood Avenue Except Sunday PERMISSIVE PARKING - REPEAL This action is being taken in conjunction with the Downtown In conformity with Section 49 of Chapter 479 of the Buffalo Parking Infrastructure Task Force study to provide Ordinances of the City of Buffalo, the City Engineer hereby more user friendly on-street parking in Downtown Buffalo. notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of NOTIFICATION SERIAL # 9677 INSTALL METERED the Ordinances, as stated below, to be effective forty five PARKING ON GENESEE STREET, SOUTH SIDE days after the first Council meeting at which they appear on BETWEEN FOURTH STREET AND SOUTH ELMWOOD the agenda as an item business. AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) That that part of Subdivision 25 Section 15 of Chapter 479 of PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo be supplemented by in conformity with Section 49 of Chapter 479 of the repealing therefrom the following: PERMISSIVE PARKING Ordinances of the City of Buffalo, the City Engineer hereby PERMISSIVE PARKING LOCATION PERIOD OF notifies Your Honorable Body of this action supplementing, PERMISSIVE PARKING - DAILY amending, or repealing existing provisions of Chapter 479 of Genesee Street, south side between 2 Hour Parking the Ordinances, as stated below, to be effective forty five Washington Street and Ellicott Street 7:00 am to 7:00 pin days after the first Council meeting at which they appear on Except Sunday the agenda as an item business. This action is being taken in conjunction with the Downtown That that part of Subdivision 25 Section 15 of Chapter 479 of Buffalo Parking Infrastructure Task Force study to provide Ordinances of the City of Buffalo be supplemented by more userfriendly on-street parking in Downtown Buffalo. repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF NOTIFICATION SERIAL # 9681 PERMISSIVE PARKING - DAILY INSTALL METERED PARKING Genesee Street, north side between 2 Hour Parking ON GENESEE STREET, SOUTH SIDE Michigan Avenue and Elm Street 7:00 am to 7:00 BETWEEN WASHINGTON STREET pm AND ELLICOTT STREET Except Sunday (EXCLUDING EXISTING NO PARKING This action is being taken in conjunction with the Downtown AND NO STANDING AREAS) Buffalo Parking Infrastructure Task Force study to provide PERMISSIVE PARKING - INSTALL more userfriendly on-street parking in Downtown Buffalo. In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATION SERIAL # 9685 PERMISSIVE PARKING - notifies Your Honorable Body of this action supplementing, REPEAL ON GENESEE STREET, NORTH SIDE amending, or repealing existing provisions of Chapter 479 of BETWEEN OAK STREET AND W. CHIPPEWA STREET the Ordinances, as stated below, to be effective forty five PERMISSIVE PARKING - REPEAL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 29 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by adding amending, or repealing existing provisions of Chapter 479 of thereto the following: METERED PARKING the Ordinances, as stated below, to be effective forty five Metered Parking Locations Period of Metered Parking days after the first Council meeting at which they appear on Rate of Metered Parking the agenda as an item business. Genesee Street, south side 2 Hour Parking That that part of Subdivision 25 Section 15 of Chapter 479 of Rate B Ordinances of the City of Buffalo be supplemented by between Washington Street 8:00 am to 5:00 pm $0.50 repealing therefrom the following: PERMISSIVE PARKING per hour PERMISSIVE PARKING LOCATION PERIOD OF and Ellicott Street Monday - Friday 2 hour PERMISSIVE PARKING - DAILY maximum Genesee Street, north side between 2 Hour Parking (excluding existing No Parking Oak Street and W. Chippewa Street7:00 am to 7:00 pm and No Standing areas) Except Sunday This action is being taken in conjunction with the Downtown This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Buffalo Parking Infrastructure Task Force study to provide more userfriendly on-street parking in Downtown Buffalo. more userfriendly on-street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9682 PERMISSIVE PARKING - NOTIFICATION SERIAL # 9686 PERMISSIVE PARKING - REPEAL ON GENESEE STREET, SOUTH SIDE REPEAL ON GENESEE STREET, NORTH SIDE BETWEEN ELLICOTT STREET AND OAK STREET BETWEEN ELLICOTT STREET AND WASHINGTON PERMISSIVE PARKING - REPEAL STREET In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby In conformity with Section 49 of Chapter 479 of the notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo, the City Engineer hereby amending, or repealing existing provisions of Chapter 479 of notifies Your Honorable Body of this action supplementing, the Ordinances, as stated below, to be effective forty five amending, or repealing existing provisions of Chapter 479 of days after the first Council meeting at which they appear on the Ordinances, as stated below, to be effective forty five the agenda as an item business. days after the first Council meeting at which they appear on That that part of Subdivision 25 Section 15 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo be supplemented by That that part of Subdivision 25 Section 15 of Chapter 479 of repealing therefrom the following: PERMISSIVE PARKING Ordinances of the City of Buffalo be supplemented by PERMISSIVE PARKING LOCATION PERIOD OF repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING - DAILY PERMISSIVE PARKING LOCATION PERIOD OF Genesee Street, south side between 2 Hour Parking PERMISSIVE PARKING - DAILY Ellicott Street and Oak Street 7:00 am to 7:00 pm Genesee Street, north side between 2 Hour Parking Except Sunday Ellicott Street and Washington Street 7:00 am to 7:00 pm This action is being taken in conjunction with the Downtown Except Sunday Buffalo Parking Infrastructure Task Force study to provide This action is being taken in conjunction with the Downtown more userfriendly on-street parking in Downtown Buffalo. Buffalo Parking Infrastructure Task Force study to provide more userfriendly on-street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9683 PERMISSIVE PARKING - REPEAL ON GENESEE STREET, SOUTH SIDE NOTIFICATION SERIAL # 9687 INSTALL METERED BETWEEN ELM STREET AND MICHIGAN AVENUE PARKING ON GENESEE STREET, NORTH SIDE PERMISSIVE PARKING - REPEAL BETWEEN ELLICOTT STREET AND WASHINGTON In conformity with Section 49 of Chapter 479 of the STREET (EXCLUDING EXISTING NO PARKING AND NO Ordinances of the City of Buffalo, the City Engineer hereby STANDING AREAS) notifies Your Honorable Body of this action supplementing, PERMISSIVE PARKING - INSTALL amending, or repealing existing provisions of Chapter 479 of In conformity with Section 49 of Chapter 479 of the the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo, the City Engineer hereby days after the first Council meeting at which they appear on notifies Your Honorable Body of this action supplementing, the agenda as an item business. amending, or repealing existing provisions of Chapter 479 of That that part of Subdivision 25 Section 15 of Chapter 479 of the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo be supplemented by days after the first Council meeting at which they appear on repealing therefrom the following: PERMISSIVE PARKING the agenda as an item business. PERMISSIVE PARKING LOCATION PERIOD OF That that part of Subdivision 29 Section 15 of Chapter 479 of PERMISSIVE PARKING - DAILY Ordinances of the City of Buffalo be supplemented by adding Genesee Street, south side between 2 Hour Parking thereto the following: METERED PARKING Elm Street and Michigan Avenue 7:00 am to 7:00 pm Metered Parking Locations Period of Metered Parking Rate Except Sunday of Metered Parking This action is being taken in conjunction with the Downtown Genesee Street, north 10 Hour Parking Rate D Buffalo Parking Infrastructure Task Force study to provide side between Ellicott Street 7:00 am to 5:00 pm. $2.00 per more userfriendly on-street parking in Downtown Buffalo. day and Washington Street Monday - Friday NOTIFICATION SERIAL # 9684 PERMISSIVE PARKING - (excluding existing No Parking and REPEAL ON GENESEE STREET, NORTH SIDE No Standing areas) BETWEEN MICHIGAN AVENUE AND ELM STREET This action is being taken in conjunction with the Downtown days after the first Council meeting at which they appear on Buffalo Parking Infrastructure Task Force study to provide the agenda as an item business. more userfriendly on-street parking in Downtown Buffalo. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by NOTIFICATION SERIAL # 9688 PERMISSIVE PARKING - adding thereto the following: METERED PARKING REPEAL ON GENESEE STREET, NORTH SIDE Metered Parking Locations Period of Metered Parking BETWEEN WASHINGTON STREET AND E. HURON Rate of Metered Parking STREET Genesee Street, north side 2 Hour Parking Rate C PERMISSIVE PARKING - REPEAL between Franklin Street 8: 00 am to 5: 00 pm $1.00 In conformity with Section 49 of Chapter 479 of the per hour Ordinances of the City of Buffalo, the City Engineer hereby and Niagara Square Monday - Friday 2 hour notifies Your Honorable Body of this action supplementing, maximum amending, or repealing existing provisions of Chapter 479 of (excluding existing No Parking the Ordinances, as stated below, to be effective forty five and No Standing areas) days after the first Council meeting at which they appear on This action is being taken in conjunction with the Downtown the agenda as an item business. Buffalo Parking Infrastructure Task Force study to provide That that part of Subdivision 25 Section 15 of Chapter 479 of more userfriendly on-street parking in Downtown Buffalo. Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING NOTIFICATION SERIAL # 9692 PERMISSIVE PARKING - PERMISSIVE PARKING LOCATION PERIOD OF REPEAL WEST GENESEE STREET, NORTH SIDE PERMISSIVE PARKING - DAILY BETWEEN S. ELMWOOD AVENUE AND SEVENTH Genesee Street, north side Between 2 Hour Parking STREET E. Huron Street and Main Street 7:00 am to 7:00 pm PERMISSIVE PARKING - REPEAL Except Sunday In conformity with Section 49 of Chapter 479 of the This action is being taken in conjunction with the Downtown Ordinances of the City of Buffalo, the City Engineer hereby Buffalo Parking Infrastructure Task Force study to provide notifies Your Honorable Body of this action supplementing, more userfriendly on-street parking in Downtown Buffalo. amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five NOTIFICATION SERIAL # 9689 INSTALL METERED days after the first Council meeting at which they appear on PARKING ON GENESEE STREET, NORTH SIDE the agenda as an item business. BETWEEN WASHINGTON STREET AND E. HURON That that part of Subdivision 25 Section 15 of Chapter 479 of STREET (EXCLUDING EXISTING NO PARKING AND NO Ordinances of the City of Buffalo be supplemented by STANDING AREAS) repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING - INSTALL PERMISSIVE PARKING LOCATION PERIOD OF In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - DAILY Ordinances of the City of Buffalo, the City Engineer hereby West Genesee Street, north side 2 Hour Parking notifies Your Honorable Body of this action supplementing, between S. Elmwood Avenue and 7:00 am to 7:00 pm amending, or repealing existing provisions of Chapter 479 of Seventh Street Except Sunday the Ordinances, as stated below, to be effective forty five This action is being taken in conjunction with the Downtown days after the first Council meeting at which they appear on Buffalo Parking Infrastructure Task Force study to provide the agenda as an item business. more userfriendly on-street parking in Downtown Buffalo. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding NOTIFICATION SERIAL # 9693 INSTALL METERED thereto the following: METERED PARKING PARKING ON WEST GENESEE STREET, NORTH SIDE Metered Parking Locations Period of Metered Parking Rate BETWEEN S. ELMWOOD AVENUE AND SEVENTH of Metered Parking STREET (EXCLUDING EXISTING NO PARKING AND NO Genesee Street, north side 2 Hour Parking Rate C STANDING AREAS) between Washington Street 8:00 am to 5:00 pm $ 1.00 PERMISSIVE PARKING - INSTALL per hour In conformity with Section 49 of Chapter 479 of the and E. Huron Street (excluding Monday – Friday 2 hour Ordinances of the City of Buffalo, the City Engineer hereby maximum notifies Your Honorable Body of this action supplementing, existing No Parking amending, or repealing existing provisions of Chapter 479 of and No Standing areas) the Ordinances, as stated below, to be effective forty five This action is being taken in conjunction with the Downtown days after the first Council meeting at which they appear on Buffalo Parking Infrastructure Task Force study to provide the agenda as an item business. more userfriendly on-street parking in Downtown Buffalo. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding NOTIFICATION SERIAL # 9690 PERMISSIVE PARKING - thereto the following: METERED PARKING REPEAL ON WEST GENESEE STREET, NORTH SIDE Metered Parking, Locations Period of Metered Parking Rate BETWEEN FRANKLIN STREET AND NIAGARA SQAURE of Metered Parking PERMISSIVE PARKING - REPEAL West Genesee Street, north 2 Hour Parking Rate B In conformity with Section 49 of Chapter 479 of the side between S. Elmwood 8:00 am to 5:00 pin Ordinances of the City of Buffalo, the City Engineer hereby Avenue and Seventh Street Monday - Friday notifies Your Honorable Body of this action supplementing, (excluding existing No Parking $0.50 per hour amending, or repealing existing provisions of Chapter 479 of and No Standing areas) 2 hour maximum the Ordinances, as stated below, to be effective forty five this action is being taken in conjunction with the Downtown days after the first Council meeting at which they appear on Buffalo Parking Infrastructure Task Force study to provide the agenda as an item business. more userfriendly on-street parking in Downtown Buffalo. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by NOTIFICATION SERIAL # 9694 repealing therefrom the following: PERMISSIVE PARKING NO STANDING - REPEAL PERMISSIVE PARKING LOCATION PERIOD OF ON LAFAYETTE SQUARE (NORTH), NORTH SIDE PERMISSIVE PARKING - DAILY BETWEEN WASHINGTON STREET West Genesee Street, north side 2 Hour Parking AND MAIN STREET between Franklin Street and 7:00 am to 7:00 pm NO STANDING - REPEAL Niagara Square Except Sunday In conformity with Section 49 of Chapter 479 of the This action is being taken in conjunction with the Downtown Ordinances of the City of Buffalo, the City Engineer hereby Buffalo Parking Infrastructure Task Force study to provide notifies Your Honorable Body of this action supplementing, more userfriendly on-street parking in Downtown Buffalo. amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five NOTIFICATION SERIAL # 9691 days after the first Council meeting at which they appear on INSTALL METERED PARKING the agenda as an item business. ON GENESEE STREET, NORTH SIDE That that part of Subdivision 22 Section 15 of Chapter 479 BETWEEN FRANKLIN STREET of Ordinances of the City of Buffalo be supplemented by AND NIAGARA SQUARE repealing therefrom the following: NO STANDING (EXCLUDING EXISTING NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED AND NO STANDING AREAS) PERIOD - DAILY PERMISSIVE PARKING - INSTALL Lafayette Square (north), north side At all times. In conformity with Section 49 of Chapter 479 of the between Washington Street Ordinances of the City of Buffalo, the City Engineer hereby and Main Street notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 NOTIFICATION SERIAL # 9695 INSTALL METERED of the Ordinances, as stated below, to be effective forty five PARKING ON LAFAYETTE SQUARE (NORTH), NORTH ) SIDE FROM WASHINGTON STREET TO MAIN STREET Main Street, west side between Pearl 2 Hour Parking (EXCLUDING EXISTING NO PARKING AND NO Street and West Tupper Street 7:00 am to 7:00 pm STANDING AREAS) Except Sunday PERMISSIVE PARKING - INSTALL This action is being taken in conjunction with the Downtown In conformity with Section 49 of Chapter 479 of the Buffalo Parking Infrastructure Task Force study to provide Ordinances of the City of Buffalo, the City Engineer hereby more userfriendly on-street parking in Downtown Buffalo. notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of NOTIFICATION SERIAL # 9699 the Ordinances, as stated below, to be effective forty five INSTALL METERED PARKING days after the first Council meeting at which they appear on ON MAIN STREET, WEST SIDE the agenda as an item business. BETWEEN WEST TUPPER STREET That that part of Subdivision 29 Section 15 of Chapter 479 of AND A POINT 260' NORTH OF WEST TUPPER Ordinances of the City of Buffalo be supplemented by adding STREET thereto the following: METERED PARKING (EXCLUDING EXISTING NO PARKING Metered Parking Locations Period of Metered Parking Rate AND NO STANDING AREAS) of Metered Parking PERMISSIVE PARKING - INSTALL Lafayette Square (north), 15 Minute Parking Rate A In conformity with Section 49 of Chapter 479 of the north side from Washington 8:00 am to 5:00 pm $.25 per Ordinances of the City of Buffalo, the City Engineer hereby '/4 hour notifies Your Honorable Body of this action supplementing, Street to Main Street Monday - Friday amending, or repealing existing provisions of Chapter 479 of (excluding existing No the Ordinances, as stated below, to be effective forty five Parking and No Standing areas) days after the first Council meeting at which they appear on This action is being taken in conjunction with the Downtown the agenda as an item business. Buffalo Parking Infrastructure Task Force study to provide That that part of Subdivision 29 Section 15 of Chapter 479 of more userfriendly on-street parking in Downtown Buffalo. Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING NOTIFICATION SERIAL # 9696 PERMISSIVE PARKING - Metered Parking Locations Period of Metered Parking REPEAL ON MAIN STREET, EAST SIDE BETWEEN EAST Rate of Metered Parking TUPPER STREET AND GOODELL STREET Main Street, west side 8 Hour Parking Rate D PERMISSIVE PARKING - REPEAL between West Tupper Street 9:00 am to 5:00 pin $2.00 per In conformity with Section 49 of Chapter 479 of the day Ordinances of the City of Buffalo, the City Engineer hereby and a point 260' north of West Tupper Street Monday - notifies Your Honorable Body of this action supplementing, Friday amending, or repealing existing provisions of Chapter 479 of (excluding existing No Parking the Ordinances, as stated below, to be effective forty five and No Standing areas) days after the first Council meeting at which they appear on This action is being taken in conjunction with the Downtown the agenda as an item business. Buffalo Parking Infrastructure Task Force study to provide That that part of Subdivision 25 Section 15 of Chapter 479 of more userfriendly on-street parking in Downtown Buffalo. Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING NOTIFICATION SERIAL # 9700 PERMISSIVE PARKING LOCATION PERIOD OF INSTALL METERED PARKING PERMISSIVE PARKING - DAILY ON MAIN STREET, WEST SIDE Main Street, east side between East 2 Hour Parking BETWEEN A POINT 260 FT NORTH OF WEST Tupper Street and Goodell Street 7:00 am to 7: 00 pm TUPPER STREET Except Sunday AND PEARL STREET This action is being taken in conjunction with the Downtown (EXCLUDING EXISTING NO PARKING Buffalo Parking Infrastructure Task Force study to provide AND NO STANDING AREAS) more userfriendly on-street parking in Downtown Buffalo. PERMISSIVE PARKING - INSTALL in conformity with Section 49 of Chapter 479 of the NOTIFICATION SERIAL # 9697 INSTALL METERED Ordinances of the City of Buffalo, the City Engineer hereby PARKING ON MAIN STREET, EAST SIDE BETWEEN notifies Your Honorable Body of this action supplementing, EAST TUPPER STREET AND GOODELL STREET amending, or repealing existing provisions of Chapter 479 (EXCLUDING EXISTING NO PARKING AND NO of the Ordinances, as stated below, to be effective forty five STANDING AREAS) days after the first Council meeting at which they appear on PERMISSIVE PARKING - INSTALL the agenda as an item business. In conformity with Section 49 of Chapter 479 of the That that part of Subdivision 29 Section 15 of Chapter 479 Ordinances of the City of Buffalo, the City Engineer hereby of Ordinances of the City of Buffalo be supplemented by notifies Your Honorable Body of this action supplementing, adding thereto the following: METERED PARKING amending, or repealing existing provisions of Chapter 479 of Metered Parking Locations Period of Metered P Rate of the Ordinances, as stated below, to be effective forty five Metered Parking days after the first Council meeting at which they appear on Main Street, west side 2 Hour Parking Rate B the agenda as an item business. between a point 260 ft north 9:00 am to 5:00 pm $.50 per That that part of Subdivision 29 Section 15 of Chapter 479 of hour Ordinances of the City of Buffalo be supplemented by adding of West Tupper Street Monday - Friday 2 hour thereto the following: METERED PARKING maximum and Pearl Street Metered Parking Locations Period of Metered Parking Rate (excluding existing No Parking of Metered Parking and No Standing areas) Main Street, east side between 8 Hour Parking Rate D This action is being taken in conjunction with the Downtown East Tupper Street and 9:00 am to 5:00 pm $2.00 per Buffalo Parking Infrastructure Task Force study to provide day more userfriendly on-street parking in Downtown Buffalo, Goodell Street (excluding Monday - Friday WAIVE 45 DAYS existing No Parking and RECEIVED AND FILED No Standing areas) This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide NO. 23 more userfriendly on-street parking in Downtown Buffalo. REPORT OF BIDS BUFFALO CITY HALL, PHASE I NOTIFICATION SERIAL # 9698 PERMISSIVE PARKING - MAIN ENTRANCE STEPS, WALLS & REPEAL ON MAIN STREET, WEST SIDE BETWEEN SITE RENOVATIONS PEARL STREET AND WEST TUPPER STREET The Department of Public Works, Parks & Streets requests PERMISSIVE PARKING - REPEAL that Your Honorable Body reconsider your approval of Item In conformity with Section 49 of Chapter 479 of the #20, 5-27-03. That item authorized the Commissioner of Ordinances of the City of Buffalo, the City Engineer hereby Public Works, Parks & Streets to award the contract to the notifies Your Honorable Body of this action supplementing, apparent lowest responsible bidder, Goergen-Mackwirth Co. amending, or repealing existing provisions of Chapter 479 of Since, then Goergen-Mackwirth has notified this Department the Ordinances, as stated below, to be effective forty five that they have made a major mistake with their bid and have days after the first Council meeting at which they appear on requested it be withdrawn. As compensation, they offered the agenda as an item business. $1,300 to cover the City's expenses to date, which That that part of Subdivision 25 Section 15 of Chapter 479 of Corporation Counsel has accepted. Ordinances of the City of Buffalo be supplemented by The bids received on May 7, 2003 were repealing therefrom the following: PERMISSIVE PARKING Goergen-Mackwirth Co. $34,990.00 PERMISSIVE PARKING LOCATION PERIOD OF 765 Hertel, Buffalo, NY 14207 PERMISSIVE PARKING - DAILY Allgaier Construction $42,500.00 4790 Thompson, Clarence, NY 14031 Master's Edge, Inc. The Peyton Barlow Co. $46,900.00 1807 Elmwood Ave., Suite #290 $33,300.00 360 Delaware, Buffalo, NY 14202 Buffalo, New York 14207 BRD, Inc. $59,770.00 A.B.P. Concrete Construction, 82 Pearl, Buffalo, NY 14202 Inc. 3407 Delaware Avenue, $33,750.00 The Hadala Corp. $79,900.00 Suite 200 Kenmore, New York 14217 325 Grote, Buffalo, NY 14207 Sicilia Construction Co., Inc. Nichter Associates $88,000.00 25 Strasbourg Dr. $43,200.00 3435 Harlem, Cheektowaga, NY 14225 Buffalo, New York 14227-3021 Since Goergen-Mackwirth has withdrawn their bid, the I hereby certify that the lowest responsible bidder for the lowest responsible bidder, in accordance with the plans and above project is Master's Edge, Inc. and I respectfully specifications, is Allgaier Construction, with a bid of Forty recommend that Your Honorable Body authorize a contract Two Thousand Five Hundred and 00/100 Dollars award to Master's Edge, Inc. in the amount of $36,630.00. ($42,500.00). (Base Bid of $33,300.00 + [10% unit price increases] i recommend that Your Honorable Body authorize the $3,330.00 equals [Total Award] $36,630.00.) Funds for this Commissioner of Public Works, Parks & Streets to order the project are available in our Capital Account work on the basis of the low bids. Funds for this project are #32046406-445100. The engineer's estimate for this work is available in CPF 36322206 4455100 - Buildings. $45,000.00. Mrs. LoTempio moved: Mrs. LoTempio moved That the above communication from the Commissioner of That the above communication from the Commissioner of Public Works, Parks and Streets dated June 9, 2003, be Public Works, Parks and Streets dated June 17, 2003, be received and filed; and received and filed; and That the Commissioner of Public Works, Parks and Streets, That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for be, and he hereby is authorized to award a contract for Buffalo City Hall, Phase 1, Main Entrance Steps, Walls & Construction of Detectable Warning Surfaces at Existing Site Renovations, to Allgaier Construction, the lowest Wheelchair Ramps on Hertel between Delaware and Starin responsible bidder, in the amount of $42,500.00. Funds for Avenues, to Master's Edge, Inc., the lowest responsible the project are available in CPF 36322206 445100 bidder, in the amount of $36,630.00 (Base Bid of $33,300.00 -Buildings. + [10% unit prices] $3,330.00 equals a total award of PASSED $36,630.00. Funds for the project are available in Capital AYES - 13 NOES - 0 Account #32046406 445100. PASSED NO.24 AYES – 13 NOES - 0 REPORT OF BIDS CITY HALL NO. 26 ROOF RECONSTRUCTION CHANGE IN CONTRACT JOB NO. 0290 JOHN W. DANFORTH COMPANY I advertised for on May 20, 2003 and received the CONTRACT #92010670 following sealed formal proposals for City Hall, Roof I hereby submit to Your Honorable Body the following Reconstruction, Job No. 0290, which were publicly opened change order for this contract. This change order is and read on June 10, 2003. necessary for rehabilitation of the elevator located in the filter Base Bid Alt 1 Alt 2 building of the Colonel Ward Complex. This rehabilitation Weaver Metal & Roofing, Inc. $201,000 $1,500 $ 7,500 shall facilitate the operation and re-licensing of the freight 40 Appenheimer, Buffalo, NY elevator. Jameson Roofing $193,900 $9,100 $7,500 Contract Summary 3761 E Lake Rd, Dunkirk, NY Contract Amount $1,694,440.00 Jos. A. Sanders & Sons $203,929 $2,134 $7,500 This Change Order $158,750.00 107 Lathrop, Buffalo, NY Total Contract $1,853,190.00 Grove Roofing $281,467 $0 $7,500 Funds are available in a Division of Water account 131 Reading, Buffalo, NY 53170626. Progressive Roofing $336,000 $0 $0 I respectfully certify that this change order is fair and 331 Grote, Buffalo, NY equitable for the work involved, and respectfully request that Alternate #1 is to clean and test drain to assure free flow. Your Honorable Body approve the subject change order and Alternate #2 is for additional construction contingencies. authorize the Commissioner of Public Works, Parks & I hereby certify that the foregoing is a true and correct Streets to issue said change order to John W. Danforth statement of all bids received and that Weaver Metal & Company. Permission is requested from Your Honorable Roofing, Inc., with a Base Bid of $201,000, add Alternate #1 Body to authorize the increase contract as stated above. for $1,500, add Alternate #2 for $7,500, for a total amount of Mrs. LoTempio moved: Two Hundred Ten Thousand and 00/100 Dollars That the above communication from the Commissioner of ($210,000.00) is the lowest responsible bidder in accordance Public Works, Parks and Streets dated June 19, 2003, be with the plans and specifications. received and filed; and I recommend that Your Honorable Body authorize the That the Commissioner of Public Works, Parks and Streets Commissioner of Public Works, Parks & Streets to order the be, and he hereby is authorized to issue a change order, to work on the basis of the low bids. Funds for this project are John W. Danforth Company, an increase in the amount of available in CPF 36322206 445100 - Buildings. $158,750.00, as more fully described in the above Mrs. LoTempio moved: communication, for work relating to Colonel Ward Complex That the above communication from the Commissioner of Contract #92010670. Funds for this project are available in Public Works, Parks and Streets dated June 16, 2003, be Division of Water account 53170626. received and filed; and PASSED That the Commissioner of Public Works, Parks and Streets, AYES – 13 NOES -0 be, and he hereby is authorized to award a contract for Buffalo City Hall, Roof Reconstruction, Job No. 0290, to NO. 27 Weaver Metal & Roofing, Inc., the lowest responsible bidder, CHANGE IN CONTRACT with a Base Bid of $201,000, add Alternate #1 for $1,500, KANDEY COMPANY INC. add Alternate #2 for $7,500, for a total amount of CONTRACT #92010717 $210,000.00. Funds for the project are available in CPF I hereby submit to Your Honorable Body the following 36322206 445100 -Buildings. change order for this contract. This change order is PASSED necessary to mill and overlay Winslow Avenue & Roehrer AYES - 13 NOES - 0 Avenue where nel watermains are being installed. See the cost breakdown below: NO. 25 1. Roehrer Avenue: REPORT OF BIDS Item 02.401 Milling - 2,708 sy x $1.80/sy = $ CONSTRUCTION OF DETECTABLE WARNING 4,874.40 SURFACE AT EXISTING WHEELCHAIR RAMPS Item 04.110 Top Course - 230 tons x $58.00/ton = ON HERTEL AVE. BETWEEN DELAWARE AVE. $13,340.00 AND STARIN AVE. Subtotal $ This is to advise Your Honorable Body that I have 18,214.40 advertised and received bids on June 11, 2003 for the 2. Winslow Avenue: Construction of Detectable Warning Surfaces at Existing Item 02.401 Milling - 9,950 sy x $1.80/sy = Wheelchair Ramps on Hertel Ave. between Delaware $ 17,910.00 Avenue and Starin Avenue. Item 04.110 Top Course -840 tons x $58.00/ton = $ The following bids were received: 48,720.00 Contractor Total Bid Price Subtotal $ Inc. Permission is requested from Your Honorable Body to 66,630.00 authorize the increase in contract as stated above and Total $ accept funds from the New York State CCAP grant into our 84,844.40 Capital Projects Account #30032106. Contract Amount $1,774,300.00 Mrs. LoTempio moved: This Change Order 84,844.40 That the above communication from the Commissioner of Total Contract $1,859,144.40 Public Works, Parks and Streets dated June 16, 2003, be Funds are available in a Division of Water account received and filed; and 53180636. That the Commissioner of Public Works, Parks and Streets I respectfully certify that this change order is fair and be, and he hereby is authorized to issue a change order, to equitable for the work involved, and respectfully request that P & J Construction Co., Inc., an increase in the amount of Your Honorable Body approve the subject change ordf and $49,950.00, as more fully described in the above authorize the Commissioner of Public Works, Parks & communication, for work relating to the Dorrance/Ward Court Streets to issue said change order to Kandey Company. Circle, Contract #92010428. Funds for this project are Permission is requested from Your Honorable Body to available in Capital Projects Account #30032106.That the authorize the increase contract as stated above. Commissioner of Public Works, Parks and Streets is also Mrs. LoTempio moved: authorized to accept funds from the New York State CCAP That the above communication from the Commissioner of grant for deposit into the Capital Projects Account. Public Works, Parks and Streets dated June 19, 2003, be PASSED received and filed; and AYES – 13 NOES -0 That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to NO. 30 Kandey Company Inc., an increase in the amount of CHANGE IN CONTRACT $84,844.40, as more fully described in the above ZOOLOGICAL GARDENS communication, for work relating to mill and overlay Winslow CAMP CONSERVATION Avenue & Roehrer Avenue Contract #92010717. Funds for ELECTRICAL WORK this project are available in Division of Water account I hereby submit to Your Honorable Body the following 53170636. changes for the Zoological PASSED Gardens, Camp Conservation, Electrical Work, Tunney AYES – 13 NOES -0 Electric, Inc., C #92010702. 1. Install 4 additional "G" fixtures, relocate 4 "D" fixtures. NO. 28 Add $ 911.80 CHANGE IN CONTRACT 2. Install new 1" conduit for fire alarm panel. Add $ 2,466.83 MASTER'S EDGE INC. 3. Credit for repair of Dex-O-Tex floor in public area. Deduct CONTRACT #92010713 $ 213.96 I hereby submit to Your Honorable Body the following The foregoing change results in a net increase in the change order for this contract. This change order is contract of Three Thousand One Hundred Sixty Four and necessary to install new curb and sidewalk on Kenmore 671100 Dollars ($3,164.67). Avenue between Elmwood and Eugene in conjunction with Summary: Current Contract Amount the new watermain installation. See the cost breakdown $144,868.00 below: Amount of This Change Order (#1) Add $ Available in City Clerk’s Offiice 3,164.67 Contract Summary Revised Contract Amount $148,032.67 Contract Amount $ 978,781.10 Costs have been reviewed by the Consulting Architect (Foit This Change Order $ 105,163.75 Albert Associates) and the Department of Public Works, Total Contract $ 1,083,944.85 Parks & Streets and were found to be fair and equitable. Funds are available in a Division of Water account Funds for this work are to be credited to CPF 34321506 53180636. 445100 - Division of Buildings. I respectfully certify that this change order is fair and I request that Your Honorable Body authorize the equitable for the work involved, and respectfully request that Commissioner of Public Works, Parks & Streets to issue a Your Honorable Body approve the subject change order and change order to the contractor as set forth above. authorize the Commissioner of Public Works, Parks & Mrs. LoTempio moved: Streets to issue said change order to Master's Edge Inc. That the above communication from the Commissioner of Permission is requested from Your Honorable Body to Public Works, Parks and Streets dated June 9, 2003, be authorize the increase contract as stated above. received and filed; and Mrs. LoTempio moved: That the Commissioner of Public Works, Parks and Streets That the above communication from the Commissioner of be, and he hereby is authorized to issue change order No. 1, Public Works, Parks and Streets dated June 19, 2003, be to Tunney Electric, Inc., an increase in the amount of received and filed; and $3,164.67, as more fully described in the above That the Commissioner of Public Works, Parks and Streets communication, for work relating to Zoological Gardens, be, and he hereby is authorized to issue a change order, to Camp Conservation, Electrical Work, C #92010702. Funds Master's Edge Inc., an increase in the amount of for this project are available in CPF 34321506 445 100 - $105,163.75, as more fully described in the above Division of Buildings. communication, for work relating to new curb and sidewalk PASSED on Kenmore Avenue between Elmwood and Eugene, AYES – 13 NOES -0 Contract #92010713. Funds for this project are available in Division of Water account 53180636. NO. 31 PASSED B. GRANT - M. SHOWERS & OTHERS AYES – 13 NOES -0 REQ. 2 HOUR SIGNS REMOVED 400 BLOCK - HIGHGATE AVENUE NO. 29 ITEM NO. 70, C.C.P. 05/27/03 CHANGE IN CONTRACT This is being submitted in response to the above P & J CONSTRUCTION CO., INC., GR. #552 mentioned item. CONTRACT #92010428 Please be advised that the Department of Public Works, I hereby submit to our Honorable Body the following unit Parks & Streets - Traffic Section has reviewed the enclosed price additions for the subject contract. This change order is petition. The signatures represent nineteen of the thirty-five necessary to enable our Department to make improvements residences between 393 and 449 Highgate. Of these at the Dorrance/Ward Court circle including curbing, nineteen different addresses represented, only six of the exposed aggregate concrete sidewalk, decorative center signatures have been confirmed as property owners when light and landscaping. This work is being done in conjunction compared to the City's assessment system. This represents with the Olmstead Parks Conservancy and State seventeen percent of the property owners. Assemblyman Brian Higgins who secured a State grant that This Department has also received a second petition stating will reimburse the City for project costs. an opposition to removing the two hour restriction. DorrancelWard Court Circle Signatures on this petition represent fifteen of the thirty-five Bids available in the City Clerk’s Office residences between 393 and 449 Highgate. Of these fifteen Funds are available in account #30032106. If you have any different addresses represented, nine of the signatures have further questions please contact Michael J. Zera of our been confirmed as property owners when compared to the Construction Section at 85 1 -SW. City's assessment system. This represents twenty-six I respectfully certify that this change order is fair and percent of the property owners. equitable for the work involved, and respectfully request that It is this Department's policy that changing the parking Your Honorable Body approve the subject change order and regulations on any City street requires a change in traffic authorize the Commissioner of Public Works, Parks & engineering factors on that street and/or a signed petition Streets to issue said change order to P & J Construction Co., which must contain signatures from seventy-five percent of the property owners in this block favoring the requested Parks & Streets - Division of Streetlighting for review prior to change. the granting of approval. It is also noted that this regulation serves to prevent students It has come to our attention that many of these do not have attending the University at Buffalo from parking their cars on the proper insurances and do not meet with the standard this section of Highgate for extended periods of time, leaving specifications set forth by this Department. parking unavailable for residents of Highgate Avenue and Attached you will find a copy of the letter that will be sent to patients of the medical offices at the comer of Highgate and all applicants. Bailey Avenues. RECEIVED AND FILED This Department is not inclined to implement any changes to the parking regulations at this time. NO. 36 REFERRED TO THE COMMITTEE ON LEGISLATION PUBLIC NOTICE AMENDED WATER RATES NO. 32 Please be advised that the following public notice was PERMISSION TO ACCEPT FUNDS published in the Buffalo News on SUNDAY, JUNE 8, SHEA'S PERFORMING ARTS CENTER 2003. EXTERIOR RENOVATION PUBLIC NOTICE Permission is requested from Your Honorable Body to Public Notice is hereby given that a public hearing will be accept $650,000 from Shea's Performing Arts Center. The held pursuant to the Public Authorities Law Section 1048-1 funds will be used along with money already provided by the on June 26, 2003 at 6:00 p.m. local time in the Common City, New York State, and the Federal Government to Council Chambers, 13th Floor City Hall, Buffalo New York complete the masonry restoration of Shea's Buffalo. concerning the establishment of fees, rates, or other Mrs. LoTempio moved: charges by the Buffalo Water board (the "Water Board") for That the above communication from the Commissioner of the use of or services furnished, rendered or made Public Works, Parks & Streets dated May 18, 2003 be available by the water system of the City of Buffalo on or received and filed; and after July 1, 2003. Such charges proposed to be That the Commissioner of Public Works, Parks & Streets be established by the Water Board include up to a 11.8% and he hereby is authorized to accept $650,000 from Shea's increase on usage charges plus 11.8% increase on meter Performing Arts Center to complete the masonry restoration capacity charges currently in effect and 11.8% increase on of Shea's Buffalo. all miscellaneous fees and charges. I copy of these rates PASSED are available in the office of the Secretary of the Water AYES – 13 NOES -0 Board locate( in City Hall, Room 602 and may be inspected during regular business hours after June 16 2003. NO, 33 RECEIVED AND FILED PERMISSION TO HIRE ENGINEERING CONSULTANT NO. 37 ELMWOOD AVENUE RECONSTRUCTION U.S. ARMY CORPS OF ENGINEERS DELAVAN AVE. TO NY RT 198, SCAJAQUADA TEMPORARY ROADWAY EASEMENT EXPWY SQUAW ISLAND PIN #5755.46 #51 CCP OF 12/12/00 Permission is requested from Your Honorable Body The Department of Public Works, Parks and Streets has authorize the Commissioner of Public Works, Parks & recently received a request from the U.S. Army Corps of Streets to hire an engineering consultant to design, bid, Engineers for an extension of their temporary roadway administer and provide construction to Elmwood Ave. from easement across the north end of Squaw Island. The reason Delavan Ave. to N.Y. State Route 198, PIN #5755.46. This of the temporary easement is to provide access to the west $4.5 million dollar Federal Aid Highway Project is 95% side the U.S. Government's Black Rock Lock for the purpose reimbursable to the City of Buffalo and is scheduled for of painting and repairing their facilities. Your Honorable Body bidding in late summer of 2005. previously approved a temporary easement until 12/03. The Mrs. LoTempio moved: requested extension I for an additional (2) years or until That the above communication from the Commissioner of 12/05. Public Works, Parks & Streets dated June 19, 2003 be The City of Buffalo is in the process of permanently closing received and filed; and the Squaw Island Landfill site and developing the area into a That the Commissioner of Public Works, Parks & Streets be, "passive" park. I have reviewed the proposed easement and he hereby is authorized to hire an engineering agreement with our consultant engineers for the Squaw consultant to design, bid, administer and provide Island Project, Malcolm Pirnie, Inc., and we are in agreement construction to Elmwood Avenue from Delavan Avenue to that granting the easement will not interfere with said project. N.Y.S. Route 198, PIN #5755.46. Therefore, as Commissioner of Public Works, Parks & PASSED Streets, I herein recommend that Your Honorable Body AYES – 13 NOES -0 approve a (2) year extension of the temporary easement subject to conditions by our Department and approval of the NO. 34 Law Department as to form and send it to the Mayor PERMISSION TO HIRE ENGINEERING CONSULTANT Anthony M. Masiello for his signature. WEST FERRY STREET BRIDGE REHABILITATION Mrs. LoTempio moved: OVER THE BLACK ROCK CANAL That the above communication from the Commissioner of PIN #5756.09 Public Works, Parks and Streets dated June 17, 2003, be Permission is requested from Your Honorable Body received and filed; and authorize the Commissioner of Public Works, Parks & That the Mayor be, and he hereby is authorized to enter into Streets to hire an engineering consultant to design, bid, a two (2) year extension of the temporary easement across administer and provide construction to the West Ferry Street the north end of Squaw Island, with the U.S. Army Corps of Bridge Rehabilitation over the Black Rock Canal. This $3.5 Engineers, with conditions as set by the Commissioner of million dollar Federal Aid Highway Project is 95% Public Works, Parks and Streets and the Corporation reimbursable to the City of Buffalo and is scheduled for Counsel. bidding in late summer of 2005. PASSED Mrs. LoTempio moved: AYES – 13 NOES -0 That the above communication from the Commissioner of Public Works, Parks & Streets dated June 17, 2003 be FROM THE COMMISSIONER OF POLICE received and filed; and NO. 38 That the Commissioner of Public Works, Parks & Streets be, DRUG ASSET FORFEITURE CHECKS RECEIVED and he hereby is authorized to hire an engineering ITEM NO. 104, C.C.P. 2/2/88 consultant to design, bid, administer and provide 8155-00117888 C2-02-0065 construction to the West Ferry Street Bridge Rehabilitation $15,985.43 over the Black Rock Canal. C2-02-0115 3,281.35 PASSED C2-02-0135 2,311.45 AYES – 13 NOES -0 C2-02-0137 825.94 C2-02-0148 802.45 NO. 35 C2-03-0004 2,940.25 REQUESTS FOR BANNERS, 8155-00117980 C2-02-0065 5,564.63 SIGNS, FLAGS AND C2-02-0151 394.88 PLANT HANGERS WITH PLANTS 8155-00118175 C2-03-0013 795.85 I hereby submit to your Honorable Body the following C2-01-0137 896.03 request that all future requests for banners, signs, plant 8155-00118047 C2-01-0136 481.99 hangers with plants, and flags being attached to the City of 8155-00118043 C2-02-0081 2,141.35 Buffalo light standards be sent to the Dept. of Public Works, 8155-00117981 C2-02-0149 553.45 C2-02-0065 1,221.30 8155-00117788 245D-BF-34415 251.99 David M. Lillis, 30 Densmore Ave, Buffalo, NY 14220 8155-00118245 C2-02-0151 29,806.08 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 8155-00118253 C2-03-0028 8,223.25 C2-03-0016 633.85 NO. 46 TOTAL DEPOSIT $ CERTIFICATE OF APPOINTMENT 77,111.52 Appointment Effective: June 16, 2003 in the Department The above referenced property has been administratively of: Police forfeited by the Drug Enforcement Administration. to the Position of: Police Lieutenant Permanent Promotion (DEA). The checks were received by this Department and at the Flat Starting Salary of $ 56,560 duly deposited in the Trust & Agency Mary Hanley,163 Hinman Avenue, Buffalo, NY 14216 Account,#20010000-389001. Joseph Panus, 91 Tyler Street, Buffalo, NY 14214 These funds will be placed into one or more of the following REFERRED TO THE COMMITTEE ON CIVIL SERVICE accounts as deemed by the Commissioner of Police: Educational Training/Seminar NO. 47 Confidential Funds CERTIFICATE OF APPOINTMENT Materials and Supplies Appointment Effective: June 16, 2003 in the Department Firearms and Weapons of: Police Communications and Computers to the Position of: Police Lieutenant, Contingent Permanent Electrical Surveillance Promotion at the Flat, Starting Salary of $ 56,560 Purchase of Services Kevin J. Brinkworth, 20 Hedgerow Dr. Apt #8, Orchard Park, Improvements NY 14217 Vehicles Paul Flanagan, 56 Erwin Drive, West Seneca, NY 14224 Operating Equipment REFERRED TO THE COMMITTEE ON CIVIL SERVICE If you have any questions regarding the above mentioned, please contact Chief Edward Hempling at 851-518 1. NO. 48 REFERRED TO THE COMMITTEE ON FINANCE CERTIFICATE OF APPOINTMENT Appointment Effective: June 16, 2003 in the Department NO. 39 of: Police ["B. GRANT-D. LEVESQUE-CONCERNS- SHOSHONE to the Position of Police Officer, Permanent Appointment at PARK"] the Intermediate, Starting Salary of: $ 39,306 [ITEM #60, C.C.P. MAY 27,2003:] Melissa LeBron, 105A Altruria St., Buffalo, NY 14220 I have instructed Inspector William Misztal, of D District to Anthony Szymkowiak II, 82 Whitfield St., Buffalo, NY 14220 have his sector car make several checks of the park during Steven Maslowski, 311 Parker Avenue, Buffalo, NY 14216 each tour of duty and record each check, along with any James Scherer, Jr., 147 Marine Drive Apt. 7REFERRED TO activity they encountered, on their activity report. THE COMMITTEE ON EDUCATION, Buffalo, NY 14202 By Mark Blankenberg Christopher Sterlace, 68 Trowbridge St., Buffalo, NY 14220 Deputy Police Commissioner, Patrol Shawn Adams, 1061 Tonawanda St., Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON LEGISLATION Nicholas Budney, 3714 West View Ave., Hamburg, NY 14075 NO. 40 David Barczak, 98 Sheffield Avenue, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT David Rachuna, 71 Marbeth Court, Buffalo, NY 14220 Appointment Effective: June 16, 2003 in the Department REFERRED TO THE COMMITTEE ON CIVIL SERVICE of: Police to the Position of: Police Captain Permanent Promotion at NO. 49 the: Flat CERTIFICATE OF APPOINTMENT Starting Salary of: $ 64,801 Appointment Effective: June 16, 2003 in the Department of Patrick Mann, 20 Falconcrest, Orchard Park, NY Police 14127 to the Position of Police Officer, Permanent Appointment REFERRED TO THE COMMITTEE ON CIVIL SERVICE at the: Intermediate Starting Salary of $ 42,486 Jason Mayhook, 94 Wallace Avenue, Buffalo, NY 14214 NO. 41 REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective: June 16, 2003 in the Department NO. 50 of: Police CERTIFICATE OF APPOINTMENT to the Position of: Police Captain, Contingent Permanent Appointment Effective: June 16, 2003 in the Department Promotion at the Flat Starting Salary of $ 64,801 of: Police James M. Fagan, 555 Eisenhower Drive, Angola, NY 14006 to the Position of Police Officer Contingent Permanent REFERRED TO THE COMMITTEE ON CIVIL SERVICE Appointment at the Intermediate Starting Salary of $ 39,306 NO. 42 Timothy Wagner, 31 Gallatin Avenue, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT William Cooley, 33 Pritchard St., Buffalo, NY 14210 Appointment Effective: June 16, 2003 in the Department Donna Benitez, 132 Marine Drive, Amherst, NY 14228 of: Police, to the Position of Detective Permanent Promotion Eric Fuller, 99 Victoria Avenue, Buffalo, NY 14214 at the Flat Starting Salary of $ 50,635 Carl Andolina, 118 Ashland Avenue, Buffalo, NY 14222 Salvatore Valvo, 77 Bloomfield Street, Buffalo, NY 14220 John Evans, 366 Eden Street, Buffalo, NY 14220 Joseph Martin, 59 Ramsdell Ave, Buffalo, NY 14216 Denise Casey, 72 Dundee Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 NO. 51 CERTIFICATE OF APPOINTMENT CERTIFICATE OF APPOINTMENT Appointment Effective June 16, 2003 in the Department of: Appointment Effective: June 16, 2003 in the Department of Police Police to the Position of Detective Contingent Permanent to the Position of Police Officer, Temporary Appointment Promotion at the Intermediate, Starting Salary of $ 39,306 at the Flat Starting Salary of $ 50,635 Patrick Humiston, 46 Fawn Trail, West Seneca, NY 14224 Merrilee A. Collier, 170 Amber Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 FROM THE COMMISSIONER OF FIRE CERTIFICATE OF APPOINTMENT NO. 52 Appointment Effective: June 16, 2003 in the Department RENAME N. CARROLL PLACE of Police The Buffalo Fire Department has no objection to the to the Position of Detective, Temporary Promotion at the Flat renaming of Carroll Place between Seneca and Exchange Starting Salary of $ 50,635 Street to "Frank Lloyd Wright Way." Paul Barba, 30 Admiral Road, Buffalo, NY 14216 Respectfully submitted, REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 NO 53 CERTIFICATE OF APPOINTMENT WATER PRESSURE KENSINGTON CLARENCE AREA Appointment Effective: June 16, 2003 in the Department Please be advised that the Buffalo Fire Department does of: Police not have any control over water pressure in the Kensington/ to the Position of Detective Sergeant Permanent Promotion Clarence area. I recommend contacting the Division of at the Flat Water in room 602 City Hall. Starting Salary of: $ 52,960 Respectfully Submitted REFERRED TO THE COMMITTEE ON LEGISLATION That the Memorandum of Agreement between the City of Buffalo and AFSCME Local 650, representing 550 FROM THE CORPORATION COUNSEL employees, for the contract period July 1, 2001 through June NO. 54 30, 2004; effective April 25, 2003, be and hereby is REGIONAL ASSETS SALES AGREEMENT approved and ratified. Attached please find a draft of the County of Erie's PASSED proposed Regional Assets Sales Agreement related to AYES - 13 NOES - 0 Kleinhans Music Hall, Shea's Performing Arts Center and the Buffalo Zoological Gardens. The Law Department would like NO. 59 a meeting with the Council to discuss the draft and other CONTRACT SETTLEMENT BETWEEN issues in order to reach a final agreement. THE CITY OF BUFFALO AND REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO POLICE BENEVOLENT CORPORATION COUNSEL, THE COUNTY CLERK AND ASSOCIATION THE ERIE COUNTY LAW DEPARTMENT [PBA Attached are the highlights of the Interest Arbitration FROM THE COMMISSIONER OF PERMIT & INSPECTION Award between the City of Buffalo and the PBA for the SERVICES contract period, July 1, 2000 through June 30, 2002 and the NO. 55 successor agreement for the period of July 1, 2002 to June SECOND HAND DEALER 3126 MAIN 30, 2007. Pursuant to Chapter 254 of the City of Buffalo Ordinances, This arbitration award and the successor agreement is please be advised that I have examined the attached applicable to approximately 916 employees. application for a Second Hand Dealer License located at The Arbitration Award modifies provisions relating to dental 3126 Main and find that as to form is correct. I have caused insurance, health insurance, prescription drug copays, a investigation into the premises for which said application uniform allowance, longevity at retirement and establishes a for a second hand dealer license is being sought and Funeral Expense fund for police officers killed in the line of according to the attached reports from the Zoning Office, duty. The Award increases salaries as follows: Fire Department and Building Inspections, I find it complies 1 . Effective 7/1/2000 2Y4% 2. Effective 7/1/2001 2Y4% with a regulations and other applicable laws. I have caused The successor agreement effective July 1, 2002 through an investigation by the Police Department into the moral June 30, 2007, the parties agreed to- character ( Gina Vallone. The attached thereto for Gina 1 .Salary increases Vallone d/b/a Ragamuffins. This request is submitted for Effective 7/1/2003 3.4% your approval ( whatever action you deem appropriate. Effective 7/1/2004 3.4% REFERRED TO THE COMMITTEE ON LEGISLATION Effective 7/11/2005 3.4% Effective 711/2006 3.4% FROM THE COMMISSIONER OF ADMINISTRATION AND 2. The City agrees to retroactive $5,000 across the board FINANCE increase in base wages or salaries effective July 1, 2002. NO. 56 3. Implementation of one-officer patrol car system. B. DAVIS-M. SORRENTINO-CONCERNS-PARKING 4. Maintain a ten-hour schedule for police officers assigned SITUTATION NEAR BRISBANE BLDG. to patrol with five starting shifts (see attached agreement). ITEM NO. 49 C.C.P. JUN 10, 2003 5. Civilianize through attrition photographer, property office, In response to your request dated June 11, 2003 my court liaison, quartermaster and public information officer. suggestion to help rectify the lack of short term parking, 6. Non-economic issues agreed to are attached. which exists at the present time due to the fact that Public Mrs. LoTempio moved: Works removed numerous parking meters in this area when That the above communication from the Commissioner of Washington Street became 2-way, are: Human Resources dated June 5, 2003, be received and 1). Move the taxi stand located on the south side of filed; and Lafayette Square between Washington and Main That the Memorandum of Agreement between the City of adjacent to the Brisbane Building and install parking Buffalo and Buffalo Police Benevolent Association, meters in this location. representing 916 employees, for the contract period July 1, 2). Install meters on East Eagle between Washington 2002 through June 30, 2007; effective March 19, 2003, be and Ellicott (both sides). and hereby is approved and ratified. 3). Install meters on the south side of Clinton between PASSED Ellicott and Washington. AYES - 13 NOES - 0 4). Install meters on the west side of Washington behind the Ellicott Square Building between South Division and NO. 60 East Swan. CONTRACT SETTLEMENT BETWEEN 5). Install meters on north side of Court between Main and THE CITY OF BUFFALO AND Pearl. [BUFFALO PROFESSIONAL FIREFIGHTER ASSOC., 6). Reinstall meters on the north side of Broadway between INC. Ellicott and Washington. [LOCAL282 7). Install meters on Washington behind the old A M & A's Attached please find the Contract Settlement between the Building where there are currently No Standing Anytime City of Buffalo and Local 282, IAFF, AFLCIO, for the contract signs. period, July 1, 2000 through June 30, 2002. REFERRED TO THE COMMITTEE ON LEGISLATION This settlement is applicable to approximately 820 employees, and provides for two- (2) years of salary NO. 57 increase from July 1, 2000 through June 30, 2002. CERTIFICATE OF APPOINTMENT The parties also agreed to modify provisions relating to Appointment Effective June 24, 2003 in the Department of dental insurance, health insurance, prescription drug copays, Administration and Finance Division of Parking Enforcement uniform allowance, longevity at retirement, and establish a to the Position of Hearing Examiner Starting Salary of Funeral Expense fund for firefighters killed in the line of duty. $110.00/day Mrs. LoTempio moved: Ann R. Pinzier, 391 Jersey Street, Buffalo 14213 That the above communication from the Commissioner of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Human Resources dated June 5, 2003, be received and filed; and FROM THE COMMISSIONER OF HUMAN RESOURCES That the Memorandum of Agreement between the City of NO. 58 Buffalo and Buffalo Professional Firefighter Association, CONTRACT SETTLEMENT BETWEEN representing 820 employees, for the contract period July 1, THE CITY OF BUFFALO AND 2000 through June 30, 2002; effective March 27, 2003, be LOCAL 650, AFSCME, AFL-CIO and hereby is approved and ratified. Attached please find the Contract Settlement between the PASSED City of Buffalo and Local 650 AFSCME, AFL-CIO for the AYES - 13 NOES - 0 contract period, July 1, 2001 through June 30, 2004. This settlement is applicable to approximately 550 NO. 61 employees, and provides a two- (2) years of salary increase CONTRACT SETTLEMENT BETWEEN from July 1, 2002 through June 30, 2004. [THE CITY OF BUFFALO AND The parties also agreed to modify provisions relating to [TEAMSTERS LOCAL 264 dental insurance, health insurance, prescription drug copays. Attached please find the Contract Settlement between the There were no new articles added to the contract. City of Buffalo and Teamsters Local 264 for the contract Mrs. LoTempio moved: period, July 1, 2002 through June 30, 2004. That the above communication from the Commissioner of This settlement is applicable to approximately 30 employees, Human Resources dated June 5, 2003, be received and and provides a two(2) years of salary increase from July 2, filed; and 2002 through June 30, 2004. The parties also agreed to modify provisions relating to health insurance, prescription drug copays. No. 66 Mrs. LoTempio moved: Appointments - Temporary, Provisional or Permanent That the above communication from the Commissioner of I transmit herewith Appointments in the various departments Human Resources dated June 5, 2003, be received and made at the Minimum (Temporary, Provisional or filed; and Permanent) and for Appointments at the Maximum (as per That the Memorandum of Agreement between the City of contract requirements) . Buffalo and Teamsters Local 264, representing 30 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. employees, for the contract period July 2, 2002 through June Certificate of Appointment 30, 2004; effective June 19, 2003, be and hereby is Appointment Effective: June 18, 2003 In the Department approved and ratified. of: Audit and Control Division of: Audit to the Position of: PASSED Senior Auditor Temporary Appointment at the: Minimum AYES - 13 NOES - 0 Starting Salary of: $ 36,028 Gerald Smith 1174 Kenmore Avenue, Apt. 10 Buffalo, NY FROM THE CITY CLERK 14216 No. 62 Certificate of Appointment Liquor License Applications Appointment Effective: June 2, 2003 in the Department of: Attached hereto are communications from persons applying Police for liquor licenses from the Erie County Alcohol Beverage Division of: Communications to the Position of: Public Safety Control Board. Dispatcher Contingent Permanent Appointment at the: Address Business Name Owner's Name Minimum 751 Fillmore Wilfred Ruiz Wilfred Ruiz Starting Salary of: $ 28,164 572 Busti St Suave Holding Patrick Kelleher Jody A. Strobele 135 Longnecker Buffalo, N.Y. 14206 RECEIVED AND FILED Certificate of Appointment Appointment Effective: June 11, 2003 in the Department No. 63 of Public Works, Parks & Streets Division of Leaves of Absence Without Pay Engineering to the Position of Senior Engineer Provisional I transmit herewith notifications received by me, reporting the Promotion at the: Minimum Starting Salary of: $ 45,9413 granting of the leaves of absence without pay, in the various Joseph J. Poltorak 106 Delsan Court Buffalo, NY 14216 departments as listed: Public Works, Streets & Parks- Sandra Ortolano, Jerome NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Bushen REMONSTRANCES Police- Brian Winnie, Ronnie Daniels, Thomas Whelan, NON-OFFICIAL COMMUNICATIONS Antonio Borrelli, Gregory Danieu No. 67 RECEIVED AND FILED. THE CIMINELLI CONSTRUCTION COMPANIES Memorandum No. 64 Attached are the following documents Notices of Appointments - Council Interns that were approved at the June 11, I transmit herewith appointments to the position of Council 2003 Joint Schools Construction Board Intern. Meeting. Mrs. LoTempio moved the approval of the appointments to Final Agenda for meeting dated May 19, 2003 the position of Council Intern. Meeting Minutes from JSCB Meeting dated May 19, 2003 ADOPTED. Application and Certificate for Payment No. 9 - May 2003 Certificate of Appointment Career Path Meeting Minutes Dated March 20, 2003 Appointment Effective: 6/9/03 in the Department of Resource Planning Associates, Inc. Construction Contract COMMON COUNCIL to the Position of INTERN IV Monitoring and Compliance Monthly Report for Integrated SEASONAL NON-COMPETITIVE FLAT Starting Salary of Projects - May 2003. $6.00 Bevlar & Associates Inc. Construction Contract Monitoring LILLIAN RIVERA 853 PROSPECT AVE. 14213 and Compliance Services Monthly Report for Dr. Lydia T. Wright School of Excellence #89 - April 2003. No. 65 Bevlar & Associates Inc. Construction Contract Monitoring Notices of Appointments - Seasonal/Flat and Compliance Services Monthly Report for District Wide I transmit herewith certificates received by me, reporting Technology Project - Phase I and Phase 11 - April 2003. seasonal and flat salary appointments made in various REFERRED TO THE COMMITTEE ON EDUCATION departments. RECEIVED AND FILED. No. 68 Ron’s Towing Privatizing Towing for COB Certificate of Appointment To rectify the problem of abandoned/disabled Appointment Effective: 06/19/2003 in the Department of vehicles in the City of Buffalo ADMINISTRATION & FINANCE Division of INVENTORY & To Increase the number of Tow Trucks to pick up the STORES vehicles - especially in blighted areas of the city. to the Position of LABORER II SASONALFLAT Downsize the Parking Violations Bureau NON-COMPETITIVE The Opportunity. Starting Salary of. 8.15HOUR To withstand the responsibility for damaged vehicle claims or LAKEITH WATTS 149 E. AMHERST BUFFALO NY 14214 liability costs to the city associated with accidents,, impounds Certificate of Appointment and towing. Appointment Effective: June 16,2003 in the Department of To create a quicker response in the areas designated as well Public Works Division of Recreation to the Position of as job opportunities for the community., without city Laborer SEASONAL responsibility. APPOINTMENT MINIMUM Starting Salary of $8.15 To maintain and purchase equipment needed to do various Logal Jeffrey 55 Virgil Buffalo 14216 jobs pertaining to towing with no added cost to the city. This McCarthy Vincent 595 Linden Buffalo 14216 will create more revenue for the city as well as a cleaner Sterlace Nicholas 41 Kimberly Buffalo 14220 environment. Police ordered tows will be addressed in a Tordoff Richelle 54 Carmel Road Buffalo 14214 more timely manner thereby freeing police officers for other Wilkinson Jim 83 Philadelphia Buffalo 14207 calls. Certificate of Appointment To ensure that any vehicles that are stored by our privatized Appointment Effective: June 16, 2003 in the Department of tow lot,, that remain on the lot for a maximum time delegated Public Works, Streets & Parks Division of Engineering to the by the city, will be returned to the city to be disposed of the Position of Laborer II Seasonal Appointment at the: Flat city auction. Starting Salary of: $ 8.15 The Solution Privatized Towing companies will create an William Grillo Jr. 26 Edgewood Ave. Buffalo, NY 14220 enhanced approach to Buffalo's inner-city needs for car Certificate of Appointment removal by creating a more cost effective way for the city to Appointment Effective: June 9, 2003 in the Department of handle the towing business. Public Works Parks & Streets Division of Buildings to the To create a Business relationship with local police and fire Position of Laborer II Seasonal Non-Competitive at the: Flat departments to clean abandoned,, disabled and ticketed Starting Salary of: s 8.15 vehicles in a timely manner thus allowing the police and fire Cynthia L. Anderson 639 Grant Street Buffalo 14213 enforcement to have a more efficient response time. With Certificate of Appointment the downsizing of the police force,, this would help speed up Appointment Effective: June 11,2003 in the Department of the process to address other calls. Public Works Division of Recreation to the Position of Even though some jobs may be eliminated in this proposal Lifeguard SEASONAL other job opportunities will be available at the expense of the APPOINTMENT MINIMUM Starting Salary of $6.25 towing company. By creating new jobs for the community Bertini Anthony 38 Hubbell Buffalo 14220 this will enhance Buffalo's commitment to support minority I'm a citizen of Buffalo, and I'm representing for the owned businesses. Developmental older adults that are learning impaired or With a 24-hour,, 7days a week including holiday dispatched disabled. Many of us, including myself are unemployed and towing service Ron's Towing and Recovery can fulfill the unskilled, therefore I'm requesting that we be included in the Towing needs for the City of Buffalo as well as alleviating the amended fisco for worthwhile funded state programs. We city of paying tow truck drivers around the clock for services never had any amendment acts for academic programming that Ron's Towing and Recovery will assume the cost for. to transition into marketable employment. Therefore I'm Township and Counties have already privatized their towing asking that the state control board and other local levels of such as Cheektowaga, Tonawandas, Amherst, Lackawana government, to give us worthwhile programs. We need and Hamburg just to name a few. This process has already access to appropriate modified public education and related alleviated their towns cost for extra services and paperwork services-designed to meet our unique needs. Our dominant that is rendered by their private towers to help them save language in reference to education, is not of the traditional money and provide proficient and knowledgeable state standards! The standards need to be of a professionals in their field with job opportunities. non-traditional method that must be designed to fit different By disposing of vehicles it will provide the city an extra size learning capacities of the learning impaired adults of all income which can be utilized for City Purposes. ages. We need exclusive modified accommodations in the REFERRED TO THE COMMITTEE ON FINANCE, THE admission testing; we need exclusively modified CORPORATION COUNSEL AND THE COMMISSIONER and-accr6di-ted curriculums that must be designed for us; OF ADMINISTRATION AND FINANCE we need modified civil service testing for entry level jobs, and we need modified state examinations. Many of the No. 69 universities, colleges, and centers that teach traditional D. Guercio – Houses in need of Repair – Lower West accredited academic programming, discriminate us by Side requiring that we meet the same ac demic requirements. The following item is available in the City Clerks office for Many of us have gaps between our ability and performance review in the learning of traditional academic courses for lucrative REFERRED TO THE COMMITTEE ON LEGISLATION AND occupational skills. We are only qualified for sub-poverty THE COMMISSIONER OF PERMITS AND INSPECTIONS waged Jobs, that don't require any accredited academic programming. The developmental older adults that are No. 70 learning impaired or disabled, have substantial functional W. Glair – Request renaming of East Lovejoy public limitations in their self-care, mobility, learning, capacity for Facility in memory of William E. Madden independent living, and Economic self-efficiency! Many of us As discussed during our meeting at Lovejoy The East are unemployed and unskilled because the "one size all American Legion Post 1306 Memorial Day Services, we standard" in regards to accredited academic programming, would respectfully request that a Lovejoy public facility be won't let us meet different requirements. Working low waged named in memory of Mr. William E Madden, a former 1306 jobs of non-marketable skills, can not help us sufficiently Legion member. Mr. Madden, past many years ago. away maintain our basic necessities that are costly. Some of the But he will be remembered as a highly decorated veteran of limited resources, such. as medical insurance, and rental World War II and a very dedicated East Lovejoy community subsidies are free when we remain unemployed and receive leader. disability incomes. That type of income fits within the poverty If you have any question. please do not hesitate to contact level and is very detrimentally effecting to many of us! For me. too long, we have been wrongly subjected having to-do REFERRED TO THE COMMITTEE ON LEGISLATION without vital necessities, such as not being able to receive proper heal care, that Medicaid never covered. Gas bills, the No. 71 effects of price and tax increases, car and house notes, rent, M. Brown – Concerns- Broken Sidewalk and child support payments are just some of the facts. TJ 138 Rosevelt Ave factual examples are not lowered because we don't earn Please file the enclosed correspondence for sufficient wages! Tuesday, June 24, 2003 Common Council meeting My request of exclusive modified accommodations-for regarding Monroe and Sarah Brown concern of broken modified and accredited degree are certificate programs sidewalk at 138 Roosevelt Avenue, Buffalo, New York could also help the working poor. There are many 14215. non-disabled working poor people, that have much difficulty Copy available in City Clerks Office for review in meeting the traditional academic standards too! The REFERRED TO THE COMMITTEE ON LEGISLATION AND developmentally disabled adults with learning impairments, THE COMMISSIONER OF PUBLIC WORKS and the working poor could benefit from non-traditional accredited programs. My request needs to be approved by No. 72 your common council committee and local levels of J. Garner – TACC – Req. Perm. Install Sign 4 Thatch government. We would also need to be fully supported and The Thatcher Avenue Concerned Citizens is a funded through a new and improved Federal Developmental group of neighbors organized in 1979 (under the name Disabilities Assistance and Bill of Rights Act (D.D., Act). Thatcher Avenue Block Club) to preserve and enhance the Whenever worthwhile program are created, it could reduce quality of life on our street and in our community. the high jobless rate among the poor learning impaired After We have recently learned that the TACC's application to the we had completed the non-traditional accredited courses, University District Matching Fund program was successful there must be equivalent types of lucrative employment for and will be using funds from that grant plus other monies us. We could receive skill training and work experiences and sweat equity to install a Gateway Sign & Garden. The from internships which can strengthen our resumes. Through TACC seeks the City's permission to install the sign on the modified programming, we could learn gainful career public right-of-way, at what we believe to be 4 Thatcher positions. The non-traditional courses could be similar to the (near Kensington) in an empty plot of earth which long-ago Home Professions and Hartcourt training. was the site of a tree. Since 2001 I had wrote to other local and state level We believe this would both make the primary entry-way to government officials by certified mail, and the topics were our street more attractive and save the City the expense of similar to what I've wrote on this letter! In this year of 2003, 1 replacing the tree. had wrote to the U.S Senator, and I wrote a brief letter for Should you have any questions about this request please the recent state control board meeting, that was held on contact me (at the above address or 837-5247) or Secretary 6-10-03. Scott Gehl (at 854-1400). Thank you for your consideration. Throughout year 2001, 1 had wrote important letters to these REFERRED TO THE COMMITTEE ON FINANCE AND THE officials: The U.S Secretary of Education; to the Acting COMMISSIONER OF PUBLIC WORKS Commission of New York Works; to the County Executive to the Common Council President; to the N.Y.S Governor, and No. 73 to the researchers of the New York Works! Quarterly Customer Service Standards Report I had wrote to these officials in year 2002: U.S Dept. of I have enclosed a copy of the Quarterly Customer Service Special Education; N.Y.S -Developmental Disabilities Standards Report for your records. Planning Council; Admin. on Developmental Disabilities and Please feel free to call me directly with any questions you to the Learning Disabilities Association of W.N.Y. may have concerning this report. The city of Buffalo have had fisco problems in the past. Copy available in the City Clerks Office for review There were many years when the fisco situation was REFERRED TO THE COMMITTEE ON averagely working. However, people like myself were never TELECOMMUNICATIONS AND THE OFFICE OF ad ministered state aid funding for what I have requested. TELECOMMUNICATIONS While the state control boar is improving the fisco, many of the disabled, that are learning impaired need to be included No. 74 in the state funding for worthwhile programs. K. Lighten – Req. Exc. Modified Accommodations – I'm looking forward to seeing a course catalog handbook of Admissions Testing, Cirriculums, Civ Sv Test/Exam exclusively modified and accredited academic degree and certificate programs for the learning impaired adults Modified programs could create social economical growth and repeated at locations spaced in an overlapping pattern. An qualified learning impaired employees. If we're given this estimated 130 auger-mixing locations will be needed to needed chance, many of us may finally be able to maintain cover the contaminated area. some or all of our substantial functional limitations. About two weeks after the initial treatment, soils samples will This program method needs immediate enactment through be collected and tested to determine have much of the the local and state levels of government, and it could also be nitioberizente has been oxidized (destroyed). if the cleanup an investment for ideas that would help the present and goal has not been reached, a second treatment will be future learning impaired adults! Support from your common undertaken. Since it is expected that the contamination will council members, and committee would make a critical have been reduced to a smaller area, the second treatment difference by enriching many lives with appropriate will use drilling equipment and small diameter soil probes to academic programming that could create career inject the potassium permanganate into the contaminated opportunities! formation. REFERRED TO THE COMMITTEE ON CIVIL SERVICE About two weeks after the second treatment, the soils will AND THE COMMISSIONER OF HUMAN RESOURCES again be tested. If residual contamination is found, the soil will be solidified and stabilized by mixing or injecting a cement-like material to immobilize the remaining NO. 75 contaminants. The stabilizing agent to be used, the exact . D. LUCEY-NYS DEC –BUFFALO HARBOR /RADIO dosage of stabilizing agent to soil, and the method of TOWER injection will be determined during the chemical oxidation Dear Interested Citizen: treatments. The Department welcomes your participation and input into After the soils have been treated, a one-foot layer of clean this remedial effort. If you have any questions or would like soil will be placed over the entire Radio Tower Area and to comment on the Buffalo Outer Harbor project, please deed restrictions placed on the property limiting it to contact: industrial and commercial use. Mr. David Locey Preparations for the cleanup are already underway. Project Manager Equipment should begin arriving at the work site in NYSDEC mid-June. Treatment of the soils should begin about one 270 Michigan Avenue week later. About one month will be needed to complete the Buffalo, N.Y. 14203 initial treatment. Following the post-treatment sampling of (716) 851-7220 soils and evaluation, a second treatment (if needed) would or occur in late summer 2003. All clean-up work will be Mr. Michael Podd completed by the end of the 2003 construction season. Office of Public Affairs Public understanding and involvement are crucial to the NYSDEC success of New Yorks hazardous waste remedial program. 270 Michigan Avenue To provide you with more detailed information, the NYSDEC Buffalo, N.Y. 14203 has placed site documents in a repository in your community (716) 851-7220 for you to read. The repositories for the Buffalo Outer For site related health questions, please contact the Harbor-Radio Tower Area are: following New York State Department of Health (NYSDOH) JP Dudley Branch Library NYSDEC Region 9 Office representative: 2010 South Park (at Whitfield) or 270 Michigan Ave Mr. Cameron O'Connor Buffalo, N.Y. Buffalo, NY 14203 Public Health Specialist Questions, concerns or comments regarding the NYSDOH environmental aspects of the site can be addressed by 584 Delaware Avenue contacting Mr. David Locey, NYSDEC Project Manager, at Buffalo, N.Y. 14202 (716) 851-7220. (716) 847-4385 For site-related health concerns contact the New York State FACT SHEET Department of Health's Mr. Cameron O'Connor, Public The New York State Department of Environmental Health Specialist at (716) 84774385. Conservation (NYSDEC), in cooperation with the New York RECEIVED AND FILED State Department of Health (NYSDOH), is pleased to announce the start of cleanup activities at the Buffalo Outer NO. 76 Harbor/Radio Tower Area Inactive Hazardous Waste Site V. LAUDISIO-NAME CHANGE N. CARROLL PLACE (See drawing). The site is located in the southeast corner of Dear Mark: a larger parcel of land commonly known of the Buffalo Outer This is in reply to your recent correspondence requesting Harbor Property currently owned by the Niagara Frontier comments regarding "Street Name Change - N. Carroll Transportation Authority (NFTA). Place between Seneca/Exchange Sts to'Frank Lloyd Wright In the early 1990s, the NYSDEC classified the larger Buffalo Way'," (Hrg. 7/08) (#126 C.C.P. Sept. 3, 2002). Outer Harbor property a hazardous waste disposal site Since N. Carroll Place has no residential or business because of past land filling operations that occurred there. deliveries, there will be no operational or service concerns After completing a detailed site Remedial Investigation, for us if the street is renamed. As a result, Buffalo NYSDEC found that only a small comer of the site actually postmaster Donald Gross has given his support to the contained significant quantities of hazardous waste. proposal by returning a signed copy of the resolution to City Through its investigation the NYSDEC concluded that a local Clerk Charles L. Michaux. dye manufacturing facility formerly owned by Honeywell Once again, we remind the Council that the renaming of International, Inc., had in the past disposed a sludge-like streets with residential and/or business deliveries is waste material containing the chemical nitrobenzene. The discouraged by the Postal Service because it inevitably contaminated sludge was located several feet underground results in major, long-term service disruptions, increased in the vicinity of the NFTA's present day radio handling costs, and dissatisfied customers. And, street name communications tower. This area, which measures several changes confuse out-of-town residents, whose maps do not thousand square feet, has since become known as the have the new street name. Radio Tower Area. We continue to endorse the concept of adding "trailblazer" In a 1999 Record of Decision (ROD), the NYSDEC sings beneath the current street signs to honor individuals, concluded that the most effective means of cleaning the site rather than renaming streets completely. was to excavate and treat the contaminated soils with a Sincerely, biological agent. However, in subsequent pilot studies, Victor C. Laudisio Honeywell demonstrated that the soils could be treated REFERRED TO THE COMMITTEE ON LEGISLATION in-place, without excavation, using a chemical oxidizing agent. In an Explanation of Significant Difference issued earlier this NO. 77 year, the NYSDEC agreed that this alternative method would M. MARTINO-CONCERNS-SIDEWALKS ATHOL ST, be as effective as the remedy outlined in the ROD while TAMARACK ST & S LEGION providing a greater degree of protection to the public health. Please file the enclosed correspondence for the Council Under a Consent Order with the NYSDEC, Honeywell meeting of June 24, 2003. The Park Place Apartments have completed its design for implementing the in place chemical concerns with the sidewalks adjacent to their property at the oxidation remedy and is ready to begin cleanup activities in comers of Athol Street, Tamarack Street and South Legion June 2003. Drive. A crane-mounted mixing system using 8 foot diameter If you have any additional questions, comments or concerns augers will drill through the upper layer of clean soils to the please do not hesitate to contact me. nitrobenzene-contaminated soils that lie approximately 8 to Sincerely, 20 feet below ground. Potassium permanganate, the Mary M. Martino, Councilmember chemical oxidant, will be injected through openings in the South District auger blades and thoroughly mixed with the contaminated Park Place Apartments soils. The crane and augers will be moved and the process 100 Athol Street Buffalo, New York 14220 Thank you for requesting the opinion of Buffalo PWe 716-822-0533 regarding this item. We, concur with Dr. Sorrentino that Fax 716-822-3620 several parking meters in his vicinity have recently been June 13, 2003 removed and that there are not enough reasonably p7iced, South District Council Member, Mary M. Martino 1504 City short term parking spaces near the Brisbane Building. Dr. Hall Buffalo, New York 14202 Sorrentino explains an important fact that needs Common Council Meeting, July 1, 2003 consideration when evaluating the downtown parking New Signage Park Place Apartments situation: Reasonably priced short-term parking is needed by Dear Council Member Martino: downtown tenants for their customers and business visitors. I have enclosed copies of new signage we are hoping to get The difficult situation at the Brisbane Building will improve approved at the Council Meeting July 1, 2003. We would this fall when new parking meters on Eagle Street between appreciate any help you could give us getting this through. Washington and Ellicott Streets, and the new spaces in the I met with James Carr today and he said the only sign that Adam Ramp become available. In the meantime, we needs approval is the Large Sign (A) that will go on the understand that the Council is considering adjustment of the comer of Athol and South Legion. We intend to landscape Taxi Stand in Lafayette Square. It may be possible to the area around the signs. It will be a nice improvement to relocate some or all of the taxicabs to the next block so that our area. several short-ten-n parking meters could be installed on We have many items planned at Park Place Apartments. We Clinton Street adjacent to the Brisbane Building. have signed a contract to bring our buildings up to the Seventeen new meters were installed last week on Pearl newest fire code and will be hardwiring 5 smoke detectors behind Main Place Mail, These spaces are full, indicating the and one carbon monoxide sensor in each Apartment. We need for more reasonably priced short-term parking in the feel this will give our residents the best protection we area. We will also contact Dr. Sorrentino and suggest that he possibly can. We are also in process of getting quotes to contact Buffalo Civic Auto Ramps and some of the private repair some of our sidewalks. parking operators to discuss the possibility of setting up a Mary, the Sidewalks on the Comer's of Athol, Tamarack and parking validation program South Legion are in very bad shape. I had written last year REFERRED TO THE COMMITTEE ON LEGISLATION about the Fire Hydrant being taken out during our 7 ft of snow, and it is now just black patched. Since we are willing to make an investment to repair all other sidewalks, is there NO. 81 any chance of getting these comers repaired by the City. A. TAYLOR-NYSDOT-ROUTE 33-DESIGNATION OF The Street is sinking on the Comer of Athol and South RESTRICTED HIGHWAY Legion. There is always a large puddle that people have to Pursuant to Section 104a of the Highway Law the following walk around. described highway: Please let me know if there are any Grants available for any A portion of Route 33 (Kensington Expressway) starting at of the work we will be doing. the Elm-Oak Arterial (Elm Street Station 0+340, Oak Street Sincerely, Station 1+536) and ending approximately east of the 198, Joanne Dunham 150M east of the railroad overpass (Eastbound Station Site Manager 6+540, westbound Station 6+410) including those detours as REFERRED TO THE COMMITTEE ON LEGISLATION AND shown on the contract plans THE COMMISSIONER OF PUBLIC WORKS All in the City of Buffalo, in Erie County which is being reconstructed under Contract No. D259257 is hereby designated as a Restricted Highway. Designation 1 NO. 78 restricted highway shall expire on January 31, 2005. NO. C. PALADINO-ELLICOTT DEV. CO BUILDING Pursuant to Section 1625 of the Vehicle and Traffic Law, all INSPECTORS movement of vehicles, persons or animals on such highway Gentlemen: is hereby restricted and regulated in accordance with the As a significant property owner in the City of Buffalo, we determination of the Commissioner of Transportation z have heard a lot of discussion lately about doing away with evidenced by posted signs, signals or barriers placed along building inspectors in the City of Buffalo in favor of giving said highway and/or by directions by an authorize their responsibilities to the Fire Department personnel. representative of the Commissioner of Transportation. As a property owner, we have been, in the past, consistently Any action taken by the Commissioner of Transportation challenged by building 'Inspectors to maintain and renovate pursuant to Section 1625 of the Vehicle and traffic Law our properties in the highest standards. should supersede any other provisions of the Vehicle and I personally cannot imagine all of our efforts to rejuvenate Traffic Law where inconsistent or in conflict with respect to our City without the focused efforts of dedicated building the following enumerated subjects: inspectors who over the years have built up a wide 1. Establishment of maximum and minimum speed limits at knowledge of not only the laws, but also the nature and which vehicles may proceed along any such restrict, ownership of properties throughout the City. Having dealt highway. with property owners on their issues, they know the history 2. Weights and dimensions of vehicles. of the relationships and are able to judicially act where it is 3. Use of such restricted highway by pedestrians, due and recognize in instances where limitations and equestrians and animals. restrictions may be more appropriate. 4. Parking, standing, stopping and backing of vehicles If we are to re-grow our City, we must deal with the 5. Control of persons and equipment engaged in work on standards that we desire for our commercial and housing such highway. properties. We must set reasonable standards and maintain The provisions of the Vehicle and Traffic Law with respect to them and it is only the watchful eye of our building inspection registration shall not apply to vehicles and equipment department that will maintain those standards for us. engaged in work on such restricted highways. To try to delegate that responsibility to Firemen and to deal When used on such restricted highways, all traffic control with having to train them, not only in the laws and rules, but devices shall be considered as official traffic con devices and also in the procedures, would be a very time consuming and shall conform to the manual and specifications for a uniform difficult task. We don't have time. system of traffic control devices adopted by Department of We are cognizant of the City's fiscal plight, but also Transportation. cognizant of the tools that will be necessary to help us RECEIVED AND FILED rejuvenate our economic base. Thank you for your attention to the above. NO. 82 Very truly yours, A. THOMPSON- THE INSTALLATION OF WATER ELLICOTT DEVELOPMENT COMPANY METERS IN THE MASTEN DISTRICT CARL P. PALADINO Dear Mr. Michaux III: Chief Executive Officer I am writing to respectfully request that you file this RECEIVED AND FILED correspondence from Commissioner Giambra of Public Works, Parks, and Streets Sanitation of Buffalo with the NO. 79 Council for discussion at the next meeting dated June 10, CONCERNS- SPEEDING ON STERLING ST. 2003. Attached for review in the City Clerks Office If you have any questions, please do not hesitate to contact REFERRED TO THE COMMITTEE ON POLICE me directly at (716) 851 -5145. REORGANIZATION AND THE COMMISSIONER OF Dear Mr. Giambra: POLICE On behalf of the Masten District Council Office, I am writing to respectfully request your assistance in modifying the City NO. 80 of Buffalo's Water Conservation Program with the New York M SCHMAND State Department of Environmental Conservation, Division of PARKING CONCERNS NEAR THE BRISBANE BLDG Water to allow for some exceptions to the City of Buffalo’s CCP #49 JUNE 10, 2003 Universal Water Meterization Program. Dear Honorable Common Council Members: Over the past few years, the Masten District Council Office sharing a facility with casino would present a conflict of has received numerous complaints regarding the installation interest for certain religious and youth groups." of water meters in the Masten District, especially in cases "Any discussion that speaks to this community shutting down where the water meter cannot be installed without the convention and trade show business for any length of performing work to either remove, replace, or rearrangement time, clearly demonstrates a lack of understanding of how of the homeowner's basement area in order to install the the convention business operates on a two- to four-year lead meter. time," added Geiger. "Currently booked events would cancel. In addition, to date neither the City of Buffalo nor the State Potential future groups would avoid selecting Buffalo as a Department of Environmental Conservation have established convention and meeting site. And it would become clear guidelines to determine how to handle cases in which a Impossible to sell convention space in a city with an meter could not be installed without making changes to a uncertain convention center future." person's home. Additionally, neither entity has a process to "If the capacity and focus of the Buffalo Convention Center determine who shall be financially responsible for covering were to be altered by the addition of a gambling casino, the the cost of implementing the meters should work needed to effect on downtown hotel business would be devastating," be performed. We are working to effectively address these said David Hart, owner of Hart Hotels and chair elect of the concerns in a timely manner. Buffalo Niagara Convention & Visitors Bureau's board of Based on a correspondence sent to you by Mr. Myers of the directors. Division of Water in 2001, the City of Buffalo's application for "An alternative plan that utilizes vacant or under-used public water supply permit 9907 through the Water buildings in downtown as the site of the casino, creating a Conservation Program was approved by the New York State venue that is complimentary to the existing convention Department of Environmental Conservation's Division of business seems to make more sense," added Hart. Water Division of Water in 1992 (See Attachment 1). The "Cannibalizing what little convention space the region has, City of Buffalo then included a universal metering program in and it's significant economic impact, by turning it into another its permit request. According to Article 15, Section 1503, an casino makes no business sense in our current approved Water Conservation Program is a statutory circumstances," requirement in granting a Public Water Supply Permit to any 'Without a doubt, the Buffalo Niagara Convention & Visitors municipality. Bureau would be willing to participate in a discussion about Mr. Myer's letter specifies that the New York State the possibility of building a new convention center, but not at Department of Envirornmental Conservation cannot the expense of shutting down our current efforts and facility, subjectively exempt certain water customers from the City of while a new one is being built," said Jonathan Dandes, Chair Buffalo's Water Conservation Program. The Department can, of the Buffalo Niagara CVB board of directors. however, consider a revised Water Conservation Program, "We simply can't destroy one of our community's single most which may include a mechanism to provide certain important economic generators," concluded Geiger, exemptions from the metering requirements under a formal The Buffalo Niagara Convention & Visitors Bureau, as the application to modify Public Water Supply Permit No. 8907. marketing leader of the Buffalo Niagara hospitality industry, The Revised Program should include criteria and a plan for promotes our region worldwide as a convention, tourism, granting metering exemptions to the Water Conservation leisure and business destination for the economic benefit of Program. to the community. Against this background, I respec6fully request your MAYOR’S TASK FORCE ON CASINO GAMING assistance in modifying the City of Buffalo's permit to allow for metering exemptions to Water Conservation Program NO. 84 also request your assistance in removing all fines that CONCERNS- NATIONAL FUEL 32 % INCREASE personswho are unable to have the water meters installed Attached for review in the City Clerks Office ma incurred throughout this process . RECEIVED AND FILED I thank you in advance for your assistance, if you have any questions, please do not hesitate to contact me directly at NO. 85 (716) 851-5145. PSC ORDER INDEP AUDIT OF VERIZON SERVICE RECEIVED AND FILED QUALITY EFFORTS New York, NY - 6/18/03 - In response to concerns about NO. 83 the quality of telephone services provided by Verizon New N. VARGO- York Inc. (Verizon), the New York State Public Service BUFFALO NIAGARA CONVENTION & VISITORS Commission voted today to initiate a service quality BUREAU ANNOUNCES OPPOSITION TO CASINO SITE proceeding that will include an independent audit focusing The Buffalo Niagara Convention & Visitors Bureau on the adequacy of Verizon's long-term service quality President Richard Geiger has announced the organization's improvement efforts. Further, the Commission decided to strong opposition to the proposed plan to locate a casino in direct Verizon to file tariffs suspending the company's pricing the Buffalo Convention Center. flexibility and to file a service improvement plan that It simply is not a good business move economically or envisions attainment of all five service quality objectives in strategically," Geiger said. 'To take the convention center or the second year of its current regulatory plan, the Verizon any portion of the convention center space and turn it into a Incentive Plan (VIP). The plan is due within 20 days of the casino is bad business." issuance of the Commission's written decision reflecting An excess of $5 million in renovations that County Executive today's vote. Joel Giambra and the Erie County Legislature recently "We take service quality very seriously because poor service pumped into the Buffalo Convention Center has enabled the is not just an inconvenience for customers, but it also CVB to considerably increase bookings," reported Geiger. negatively impacts economic development and public "Buffalo's Convention Center can be pointed to as one of the safety," William Flynn, Chairman of the Commission, said. city's successful economic engines," Geiger added. 'We "New Yorkers have very high standards and I believe those can't lose sight of the fact that our convention business is high standards are reflected in the service quality targets one of the only significant and visible means of bringing and incentives contained in the VIP. Despite these money into Buffalo from outside of the region." incentives, I have made it clear that we have serious In 2003, the Buffalo Convention Center has contractual concerns about Verizon meeting the agreed-upon targets. obligations to host 41 conventions and trade shows, along The investigation we are ordering today will aid in evaluating with more than 200 meetings. These groups are attracting Verizon's approach to improving service quality and will an excess of 400,000 people to the downtown facility and serve as a valuable resource as we continue our efforts to will result in direct spending that will exceed $50 million. ensure that Verizon meets its long-term service quality In 2004, the CVB has already signed contracts with 36 obligations." conventions and trade shows along with I 15 meetings that The State Public Service Law authorizes the Commission to will attract more than 385,000 people with an economic initiate an audit of the company's operations and to direct the impact of $47 million. Also, there are 20 groups the CV13 is company to implement any recommendations resulting from working with for 2004 business that would generate an the audit that it finds necessary and reasonable. The audit additional economic impact of $27 million will be part of the proceeding initiated by the Commission "We have a momentum - our sales staff has spent years and will be conducted under the direction of, and be building relationships that has led to our reputation and the managed by, the Commission's staff and will be paid for by confidence these groups have in Buffalo," added Geiger. Verizon. "This discussion will have a detrimental effect on decisions "Over the past few months, a wide range of interested by groups currently considering Buffalo as a future site for a parties have expressed strong, and sometimes divergent, convention or meeting." positions on Verizon's service quality and the efficacy of the "The concept of taking half the convention center doesn't VIP," Flynn said, "In my mind, the most important party is the work for most of the groups based on their space consumers who are affected by inadequate service quality requirements for exhibits, general sessions, meetings and and who deserve a solution. I expect the combination of the banquets. Even now, most of our clients would like to have service quality investigation, the independent audit, the more space than we can offer," added Geiger. "in addition, improvement plan and the existing incentives contained in the VIP to produce results for those consumers." The independent audit will examine, among many of the ONE STORY RESTAURANT SEATING ADDITION TO company's management and operational areas, network REAR investment and resources dedicated to improving service OF EXISTING RESTAURANT.(HRG. 7/1) quality, the adequacy of company records to locate and REFERRED TO THE COMMITTEE ON LEGISLATION, correct deficient equipment in a quick and efficient manner, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING available work force, expected work load, and worker BOARD AND CORPORATION COUNSEL. productivity. Data reviewed by Commission staff indicates that productivity in some areas of New York is below the productivity of other states in the Verizon footprint as NO. 89 measured by the number of trouble reports or service S. KHOURY, OWNER, REZONE 192-211 ELK & 260-270 installations completed per employee per day. Staff s SMITH STREET FROM R2 TO C2 FOR A CONVENIENT analysis of service results shows that Verizon's performance STORE/PIZZERIA. (HRG. 7/1) failures under the VIP involve productivity-related REFERRED TO THE COMMITTEE ON LEGISLATION, measurements associated with the timeliness of responding DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING to consumer concerns about repairs and installations. BOARD AND CORPORATION COUNSEL. Verizon's performance on all other measurements has been good to excellent in the first year of the VIP. NO. 90 "A previous incentive plan won praise for its success in C. ARNONE, OWNER, USE 1472 HERTEL-SIDEWALK raising service quality between 1995 and 2002, yet Verizon CAFE. struggled in the early years of that plan to meet the targets. (HRG. 7/1) Eventually, New Yorkers benefited greatly from that plan, REFERRED TO THE COMMITTEE ON LEGISLATION, and we expect the VIP, containing even stronger service DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING incentives, to produce similar benefits," Chairman Flynn BOARD AND CORPORATION COUNSEL. stated. "Arguably, the VIP is one of the strongest service quality plans in the country. However, improved service quality requires dedication to consumer interests and NO. 91 cooperation from management and labor. I urge all parties to T. MURRAY, OWNER, USE 1312 HERTEL, SIDEWALK dedicate themselves to this effort, and to avoid actions that CAF6 further frustrate consumer needs." (HRG 7/1) The VIEP, Penalties and Pricing Flexibility REFERRED TO THE COMMITTEE ON The VIEP, which includes a Retail Service Quality Plan, LEGISLATION,STRATEGIC PLANNING, THE CITY establishes five key, interrelated service quality targets. The PLANNING BOARDAND THE CORPORATION COUNSEL plan is designed to maintain for customers the significant service quality improvements Verizon made between 1995 NO. 92 and 2002 under a previous incentive plan. Failure to meet J. DUNHAM, A2EN , USE 463 S. LE2ION-GROUND SI2N the targets triggers penalties ranging from $15 million to (NAME OF AGENT, OWNER) ) - $170 million that are payable to customers. In the first year (PROJECT) of the VIEP - March 1, 2002, through February 28, 2003 (PHONE #822-0533) -Verizon missed one of the five service quality targets and The attached is for Common Council Approval; but issued rebates to customers totaling $15 million. per Permits, no public hearing is required. When Verizon misses at least two targets during any REFERRED TO THE COMMITTEE ON LEGISLATION, three-month period after the first year of the plan, the DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING company's pricing flexibility - that is, the ability to increase BOARD AND CORPORATION COUNSEL. prices to respond to competitive market changes - for its services and products is automatically suspended. For the NO. 93 twelve-month period ending in May, 2003, Verizon failed to M MARTINO L. MAUND & OTHERS STOP SIGN BE meet two service quality objectives: percent of customers INSTALLED ZITTEL & PARKVIEW out-of-service for less than 24 hours and a metric measuring Please file the enclosed correspondence for the Council how many of its local and regional reporting entities fail to meeting of June 24, 2003. meet Commission service quality targets. Therefore, the Dear Mr. Michaux, flexibility to raise prices has been suspended until Verizon is If you have any additional questions, comments or concerns able to meet all five Commission targets for three please do not hesitate to contact me. consecutive months, on a twelve-month rolling average Sincerely, basis, as required under the VIP, Verizon retains the ability Mary M. Martino, Councilmember to lower prices in response to competitive pressures. South District The Commission will issue a written decision detailing We the undersigned, request that a Stop Sign be installed on today's vote to initiate a service quality proceeding, including Zittel Street at the an independent audit. The decision in Commission Cases intersection of Parkview, as soon as possible. We are 02CO543/00CI945, when available, can be obtained from concerned about the safety of the Commission's website at littp~//Nk,)A,-w.dps-state.nv.us our children and want to deter speeding on our street. by accessing the Commission Documents section of the REFERRED TO THE COMMITTEE ON LEGISLATION AND homepage. Many libraries offer free Internet access. THE COMMISSIONER OF PUBLIC WORKS Commission orders can also be obtained from the Files Office, 14th floor, 3 Empire State Plaza, Albany, NY 12223 NO. 94 (518-474-2500). C. FISHER-R. RICHARDSON & OTHERS KEEP SAAD REFERRED TO THE COMMITTEE ON LEGISLATION MARKET CLOSED I hereby submit for filing, copies of petitions from the NO. 86 Wakefield Avenue Block Club. The residents of the block C FISHER T. PARADZAI-CONCERNS DEPORTATION club are seeking assistance from the Council in keeping the Dear Mr. Michaux: Saad Market closed due to drug trafficking, many heath I hereby submit for filing, copies of a letter from a young lady hazards, and the mistreatment of minors in their by the name of Tsi Tsi Paradzai, a young immigrant from neighborhoods. Zimbabwe who possibly will be deported in approximately Wakefield Avenue Block Club twenty days. We are requesting assistance form the Council Donald Hill, President in this pressing issue. Flare Comunnity Center, 307 Leroy Ave., Buffalo, New Sincerely, York 14214 Charley H. Fisher III Petition Council Member at Large On behalf of the Wakefield Avenue residents, we are asking Attached available for review in the City Clerk’s Office that the City of Buffalo and legislation not to permit the Saad REFERRED TO THE COMMITTEE ON COMMUNITY Market, Wakefield & Holden Avenue of Buffalo, New York an DEVELOPMENT operating store license. The Saad Market to be permanently PETITIONS close for any operations and not to permit or authorize an NO. 87 operating store at this area of location. This is a City of J. CARANGELO, AGENT, REZONE 2134-2142 GENESEE Buffalo Public School bus zone that needs to be taken in ST. consideration of the safety and welfare of neighborhood FROM R2 TO C2 FOR A PARKING AREA. (HRG. 7/1) children being transported to and from school. This store has REFERRED TO THE COMMITTEE ON LEGISLATION, been a health hazard and endangerment to our community DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING and residents, which was announced and TV broadcasts by BOARD AND CORPORATION COUNSEL. City of Buffalo officials (April 17, 2003) and Buffalo Evening news (April 18, 2003) of the illegal operations of Saad NO. 88 Market corner store. K. MORIARITY, AGENT, USE 225-229 LEXINGTON FOR REFERRED TO THE COMMITTEE ON LEGISLATION A REGULAR COMMITTEES That the Interim Executive Director of Strategic Planning CIVIL SERVICE be, and he hereby is authorized to renew the lease between (MARC A. COPPOLA, CHAIRPERSON) the City and Friends of the Elderly Youth & Family Center, NO. 95 Inc., for use of 118 East Utica Street for an additional five (5) APPOINTMENT year term commencing on April 1, 2003 and expiring March SR. ACCOUNTANT (INTER) (COMPT.) 31, 2008. That the Corporation Counsel be authorized to (ITEM NO. 18-C.C.P. JUNE 10, 2003) prepare the necessary lease and that the Mayor be That Communication 18, June 10, 2003 be received and authorized to execute the same. filed and the permanent appointment of Claudia M. PASSED Zona-Panczyk stated above at the intermediate salary of AYES - 13 NOES - 0 $39,563 effective on June 4, 2003 is hereby approved. PASSED NO. 104 AYES - 13 NOES - 0 CELLBLOCK AGREEMENT (ITEM NO. 29, C.C.P., JUNE 10, 2003) NO. 96 That the above item be, and the same hereby is returned APPOINTMENT to the Common Council without recommendation. SR. AUDITOR (INTER 93) (COMPT.) Mrs. Grant moved: (ITEM NO. 19-C.C.P. JUNE 10, 2003) That the Mayor be, and he hereby is authorized to execute That Communication 19, June 10, 2003 be received and the agreement between the City of Buffalo and the County of filed and the permanent appointment of James Messina Erie to transfer responsibility for the detention of stated above at the intermediate salary of $38,385 effective pre-arraigned arrestees of the City of Buffalo to the County on June 4, 2003 is hereby approved. of Eric. PASSED PASSED AYES - 13 NOES - 0 AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO MARTINO, THPMPSON NO. 97 - 9 NOES – DAVIS, FISHER, GRAY, PITTS - 4 APPOINTMENT SR. AUDITOR (INTER #4) (COMPT.) NO. 105 (ITEM NO. 20-C.C.P. JUNE 10, 2003) A. THOMPSON-S. GONZALEZ-POLICE ATHLETIC That Communication 20, June 10, 2003 be received and LEAGUE OF BUFFALO filed and the permanent appointment of Marian LaMacchia (CCP458-JUNE 10, 03) stated above at the intermediate salary of $39,563 effective That the above item be and the same hereby is received on June 4, 2003 is hereby approved. and filed. PASSED ADOPTED AYES - 13 NOES - 0 NO. 106 NO. 98 INCREASE PENALTY FOR ILLEGAL DUMPING APPOINTMENT (CCP#183-NOV. 26,02) MOTOR EQUIP. MAINT. SUPV. PERM. (MAX) (FIRE) That the above item be and the same hereby is received (ITEM NO. 30-C.C.P. JUNE 10, 2003) and filed. That Communication 30, June 10, 2003 be received and ADOPTED filed and the permanent appointment of Andrew Adinolfi stated above at the permanent salary of $30-806-35,381 NO. 107 effective on June 10, 2003 is hereby approved. B. DAVIS-E. TAYLOR-USE OF MASTEN PLAYGROUND- PASSED SUMMER 2003 AYES - 13 NOES - 0 (CCP#52-APR. 29, 03) That the above item be and the same hereby is received NO. 99 and filed. NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CLK.) ADOPTED (CCP#43-JUNE 10, 03) That the above item be and the same hereby is received NO. 108 and filed. E. TAYLOR-USE OF MASTEN PLAYGROUND- SUMMER ADOPTED 2003 (PW) (CCP#20-MAY 13, 03) FINANCE That the above item be and the same hereby is received (BETTY JEAN GRANT, CHAIRPERSON) and filed. NO. 100 ADOPTED B. GRANT-A. HARRIS-COB BUDGET CRISIS-NON RESIDENT EMPLOYEES TAX LEVY NO. 109 (CCP#54-JUNE 10, 03) L. TAYLOR-INFO. -MASTEN SHELTER HOUSE That the above item be and the same hereby is received (CCP#57-JUNE 10, 03) and filed. That the above item be and the same hereby is received ADOPTED and filed. ADOPTED NO. 101 ADDL. INFO. ON FED. FINANCIAL ASSISTANCE NO. 110 (COMPT.) RESULTS OF NEGOTIATIONS - 221 LINWOOD AVENUE (CCP#16-JUNE 10, 03) (ITEM NO. 13, C.C.P., MAY 27, 2003) That the above item be and the same hereby is received (ITEM NO. 79, C.C.P., JUNE 10, 2003) and filed. That the above item be, and the same hereby is returned ADOPTED to the Common Council without recommendation. Mrs. Grant moved: NO. 102 That the offer from William H. Gurney for 934 Niagara Falls REPORT OF BIDS - AUD LOTS' 1, 2 AND 3 (ITEM NO. 3, Boulevard, LLC, 144 Middlesex Road, in the sum of Twenty C.C.P., JUNE 10, 2003) Three Thousand and Eight Hundred Dollars ($23,800.00) for That the above item be, and the same hereby is returned the purchase of 221 Linwood Avenue, be and is hereby to the Common Council without recommendation. accepted; and Mrs. Grant Moved: That the appraisal requested by the City of Buffalo shall be That the Chairman of the Board of Parking be, and he paid by the purchaser; and hereby is authorized to award a contract for Aud Lots 1, 2 That the transfer tax, recording fees and cost of legal and 3 to Standard Parking, the highest responsible bidder, in description shall be paid by the purchaser; and the amount of $30,000. That the Corporation Counsel be authorized to prepare the PASSED necessary documents for the transfer of title and that the AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, Mayor be authorized to execute the same, in accordance FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, with the terms of sale upon which the offer was submitted. LOTEMPIO, MARTINO, THOMPSON - 12 NOES –PITTS - PASSED 1 AYES - 13 NOES - 0 NO. 103 NO. 111 LEASE - FRIENDS OF THE ELDERLY YOUTH & FAMILY RESULTS OF NEGOTIATIONS - 399 LOUISIANA CENTER - 118 E. UTICA STREET (ITEM NO. 9, C.C.P., JUNE 10, 2003) (ITEM NO. 7, C.C.P., MAR. 4, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation Mrs. Grant moved: agent, for permission to use 1962 Niagara Street for an That the offer from Ms Danielle M. Jacobs on behalf of Old adjacent vacant lot be, and hereby is approved. First Ward Group, Inc., 295 Main Street, Suite 2 10, in the PASSED sum of Six Thousand and Six Hundred Dollars ($6,600.00) AYES - 13 NOES - 0 for the purchase of 399 Louisiana, be and is hereby accepted; and NO. 117 That the appraisal requested by the City of Buffalo shall be T. FINNEGAN, PETITION TO USE 44 ALLEN STREET - paid by the purchaser; and OPERATE BAR That the transfer tax, recording fees and cost of legal (ITEM NO. 61, C.C.P., JUNE 10, 2003) description shall be paid by the purchaser; and That after the public hearing before the Committee on That the Corporation Counsel be authorized to prepare the Legislation on June 17, 2003, the petition of T. Finnegan, necessary documents for the transfer of title and that the agent, for permission to use 44 Allen Street to operate a bar Mayor be authorized to execute the same, in accordance be, and hereby is approved. with the terms of sale upon which the offer was submitted. PASSED PASSED AYES - 13 NOES - 0 AYES - 13 NOES - 0 NO. 112 NO. 118 RESULTS OF NEGOTIATIONS - 39 ST. JOHN'S PLACE D. WILCOX, PETITION TO USE 503 ELK STREET - (ITEM NO. 10, C.C.P., JUNE 10, 2003) GROUND SIGN That the above item be, and the same hereby is returned (ITEM NO. 62, C.C.P., JUNE 10, 2003) to the Common Council without recommendation. That the petition of D. Wilcox, agent, for permission to use Mrs. Grant moved: 503 Elk Street for a ground sign be, and hereby is approved. That the offer from Timothy H. Wilkinson, 33 St. John's PASSED Place, in the sum of Ten Thousand Dollars ($ 10,000.00) for AYES - 13 NOES - 0 the purchase of 39 St. John's Place, be and is hereby accepted; and NO. 119 That the appraisal requested by the City of Buffalo shall be BOB BAUNIKER, PETITION TO USE 564 NIAGARA paid by the purchaser; and STREET - POLE SIGN That the transfer tax, recording fees and cost of legal (ITEM NO. 63, C.C.P., JUNE 10, 2003) description shall be paid by the purchaser; and That the above item be, and the same hereby is, returned That the Corporation Counsel be authorized to prepare the to the Common Council without recommendation. necessary documents for the transfer of title and that the Mr. Fontana moved: Mayor be authorized to execute the same, in accordance That the petition of Bob Baumker, agent, for permission to with the terms of sale upon which the offer was submitted. use 564 Niagara Street for a restaurant/bar be, and hereby PASSED is approved. AYES - 13 NOES - 0 PASSED AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, NO. 113 FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, ABANDONMENT/SALE SCATHARD PLACE ALONG MARTINO, PITTS, THOMPSON - 12 NOES – FONTANA – PROP. LINES- 13 6 & 142 PEABODY (STRAT. PLAN.) 1 (CCP46-MAY 27, 03) That the above item be and the same hereby is received NO. 120 and filed. B. DAVIS-R. VAZQUEZ-REQ. SIGNAGE FOR 564 ADOPTED NIAGARA ST. (CCP#47-JUNE 10, 03) NO. 114 That the above item be and the same hereby is received NYSDOL FINE - BROADWAY GARAGE and filed. (ITEM NO. 62, C.C.P., APR. 29, 2003) ADOPTED (ITEM NO. 74, C.C.P., JUNE 10, 2003) That the above item be, and the same hereby is returned NO. 121 to the Common Council without recommendation. J. CAMACHO, PETITION TO USE 1101 KENMORE Mrs. Grant moved that the above item be recommitted to the AVENUE - SIDEWALK CAFE Committee on Finance. (ITEM NO. 64, C.C.P., JUNE 10, 2003) ADOPTED That the petition of J. Camacho, agent, for permission to use I 10 1 Kenmore Avenue for a sidewalk caf6 be, and LEGISLATION hereby is approved with the following conditions: (RICHARD A. FONTANA, CHAIRMAN) 1 . That there is no outside music permitted on the sidewalk NO. 115 caf6. TELEPHONE POLE CONDITIONS IN THE COB & 2. That there are no outside trash receptacles on the SURROUNDING AREAS (HRG. 6/24) sidewalk cafe. (CCP#/1D -06/10/03) 3. That the sidewalk caf6 closes at 11:00 p.m. weekdays That the above item be and the same is returned to the and at 12:00 p.m. weekends. Common Council without recommendation. PASSED RECOMMENDED BY THE COMMITTEE ON LEGISLATION AYES - 13 NOES - 0 Richard A. Fontana, Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above NO. 122 item, and a Notice of same has been published in the Buffalo APPOINTMENT AND REAPPOINTMENT - BUFFALO News, a copy of which is attached hereto. ENVIRONMENTAL MANAGEMENT COMMISSION On a motion by Mrs. LoTempio, seconded by Mrs. Martino (ITEM NO. 1, C.C.P., JUNE 10, 2003) the item is properly before the Common Council, and the That the above item be, and the same hereby is, returned hearing is opened. to the Common Council without recommendation. CARRIED. Mr. Fontana moved: Appearances - Mr. Shaye, PSC, John Carosa, That the appointment as members of the Buffalo CWA, D Kreuz, Lisa Hesclur, CWA Environmental Management Commission of Ethics of John Mrs. LoTempio now moved that the hearing be closed. Kolaga, residing at 66 Berkley Place and the reappointment Seconded by of Dr. John E. Vena, residing at 118 Leonard, of Cynthia A. Mrs. Martino Schwartz, residing at 833 Auburn Avenue, and of Bruce CARRIED Coleman, residing at 135 Buffurn Street for terms expiring Mr. Fontana moved February 16, 2005, be and hereby are approved. That the above item be and the same hereby is received and PASSED filed AYES - 13 NOES - 0 ADOPTED NO. 123 APPOINTMENT - BOARD OF HEATING EXAMINERS NO. 116 (ITEM NO, 2, C.C.P., JUNE 10, 2003) C. LEONE, PETITION TO USE 1962 NIAGARA - That the above item be, and the same hereby is, returned ADJACENT VACANT LOT to the Common Council without recommendation. (ITEM NO. 60, C.C.P., JUNE 10, 2003) Mr. Fontana moved that the above item be and the same is That after the public hearing before the Committee on hereby received and filed Legislation on June 17, 2003, the petition of C. Leone, ADOPTED NO. 124 NO. 134 THOMPSON-R LIPSITZ-WITHDRAWL OF LAWSUIT LIV M. HASTREITER & O-SAVE HISTORIC NEW YORK WAGE COALITION FOR ECON JUSTICE CENTRAL TERMINAL CCP# 54 MAY 13, 2003 (CCP#59-MAY 13, 03) That the above item be and the same hereby is received That the above item be and the same hereby is received and filed. and filed. ADOPTED ADOPTED NO. 125 NO. 135 R. FONTANA-COALITION FOR ECON. JUSTICE-LIVING USED CAR DEALER LICENSE - 2186 SOUTH PARK WAGE SETTLEMENT (CCP#50-JUNE 10, 03) AVENUE (ITEM NO. 40, C.C.P., MAR. 18, 2003) (ITEM NO. That the above item be and the same hereby is received 127, C.C.P., APR. 1, 2003) and filed. That the above item be, and the same hereby is returned ADOPTED to the Common Council without recommendation. Mr. Fontana moved: NO. 126 That pursuant to Chapter 254 of the City Code, the DOWNTOWN PRESERVATION Commissioner of Permit and Inspection Services be, and he (ITEM NO. 111, C.C.P., FEB. 4, 2003) hereby is authorized to grant a Used Car Dealer license to That the above item be, and the same hereby is returned Gina Burke & Nagib Aziz d/b/a Express Auto Sales, located to the Common Council without recommendation. at 2186 South Park Avenue with a five (5) car limit. Mr, Fontana moved that the above item be recommitted to PASSED the committee on Legislati6n. PASSED ADOPTED. AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, NO. 127 LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS - DOWNTOWN PRESERVATION 1 (ITEM NO. 78, C.C.P., FEB. 18, 2003) That the above item be, and the same hereby is returned to NO. 136 the Common Council without recommendation. SECONDHAND DEALER - 220 ALLEN Mr. Fontana moved: (ITEM NO. 32, C.C.P., MAY 27, 2003) That the above mentioned item be and the same is hereby That pursuant to Chapter 254 of the City Code, the received and filed. Commissioner of Permit & Inspection Services be, and he ADOPTED hereby is authorized to grant a Secondhand Dealer license to Joshua Gage d/b/a Smooth Grooves located at 220 Allen. NO. 128 PASSED DOWNTOWN PRESERVATION AYES - 13 NOES - 0 (ITEM NO. 65, C.C.P., MAR. 4, 2003) That the above item be, and the same hereby is returned NO. 137 to the Common Council without recommendation. USED CAR DEALER LICENSE - 1625 FILLMORE Mr. Fontana moved: AVENUE That the above mentioned item be and the same is hereby (ITEM NO. 3 6, C.C.P., MAY 27, 2003) received and filed. That pursuant to Chapter 254 of the City Code, the ADOPTED Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to NO. 129 Clarence Eckridge d/b/a Beat Them All Auto Service, located ARCHITECTURAL SALVAGE CONTRACT at 1625 Fillmore. (ITEM NO. 3 1, C.C.P., JUNE 10, 2003) PASSED That the above item be, and the same hereby is returned AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, to the Common Council without recommendation. FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, Mr. Fontana moved: LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS - That the Director of Real Estate be, and he hereby is 1 authorized to execute the final version of the Architectural Salvage agreement with the Allentown Association, Inc. on NO. 138 behalf of the City of Buffalo. USED CAR DEALER LICENSE - 184 READING PASSED (ITEM NO. 37, C.C.P., MAY 27, 2003) AYES - 13 NOES - 0 That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he NO. 130 hereby is authorized to grant a Used Car Dealer license to R_ FONTANA-J. SLATTER & O-PROTECT REC., Mark Marzello d/b/a AM Sales, located at 184 Reading. STORAGE, TRANSFER NYC PASSED GARBAGE-CLINTON/BAILEY AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, NEIGHBORHOOD FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, (CCP#61 -MAY 13, 03) LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS - That the above item be and the same hereby is received 1 and filed. ADOPTED NO. 139 B. SANDERS-CONCERNS-BIDWELL PARK NO. 131 (CCP#59-APR. 15, 03) M. HANS-RESPONSE- RECEIVING STORAGE, hat the above item be and the same hereby is received TRANSFER NYC GARBAGE-CLINTON/BAILEY NEIGH. and filed. (CCP#62-MAY 27, 03) ADOPTED That the above item be and the same hereby is received and filed. NO. 140 ADOPTED B. SANDERS-CONCERNS-BIDWELL PARK (PW) (CCP#I 7-MAY 13, 03) NO. 132 hat the above item be and the same hereby is received R. FONTANA-J. SLATTER & O-PROTECT REC., and filed. STORAGE, TRANSFER NYC ADOPTED GARBAGE-CLINTON/BAILEY NEIGHBORHOOD (PERMITS/INSP.) COMMUNITY DEVELOPMENT (CCP#32-JUNE 10, 03) (ANTOINE M. THOMPSON, CHAIRMAN) That the above item be and the same hereby is received NO. 141 and filed. OAK STREET REDEV. URBAN RENEWAL PLAN (HRG. ADOPTED 6/24) (CCP#134 -6/10/01) NO. 133 That the above item is returned without recommendation. A. BILLITTIER-ECDOH RODENT ACT. A public hearing has been set, before the Common Council, CLINTON-BABCOCK AREA-GARB. DELAY FROM NYC at this regularly scheduled meeting, on the above item, and (CCP#45-JUNE 10, 03) a Notice of same has been published in he Buffalo News, a That the above item be and the same hereby is received copy of which is attached hereto and filed. On motion by Mrs. LoTempio, seconded by Mr. Thompson ADOPTED properly before the Common Council, and the hearing is opened. CARRIED. NO. 144 Appearances SECTION 108 LOAN FUNDS/ECONOMIC DEVELOPMENT Tom Chwalinski, Strategic Planning INITIATIVES GRANT Mrs. LoTempio now moved that the hearing be closed CENTRAL PARK PLAZA REDEVELOPMENT PROJECT Seconded by (BERC) Mr. Thompson (ITEM NO. 37, C.C.P., JUNE 10, 2003) CARRIED. That the City of Buffalo and the City of Buffalo Urban Oak Street Redevelopment Urban Renewal Plan Renewal Agency are hereby authorized to utilize a (Item No. 136, C.C.P., June 10, 2003) $3,100,000 Community Development Block Grant Section That the above item be, and the same hereby is returned to 108 loan and a $ 1,000,000 Economic Development Initiative the Common Council without recommendation. Grant (EDI) for the redevelopment of the Central Park Plaza Mr. Thompson moved: into a Light Industrial and Commercial Business Complex, That the "Oak Street Redevelopment Urban Renewal Plan with the terms and conditions as listed in the above Amendments", as prepared by the Office of Strategic communication, Planning, and as approved by the City Planning Board and That the authorizing resolution of BURA and the Common the Buffalo Urban Renewal Agency, be and the same are Council be amended to include authorization to hereby approved; and amend/include the Central Park Plaza Section 108/EDI in That the Urban Renewal Plan Project area is substandard the 29 th year Consolidated Plan. and tends to impair or arrest the sound growth and PASSED development of the municipality; and AYES - 13 NOES - 0 That the Plan as herein approved has been duly reviewed and conforms to the comprehensive plan for the NO. 145 development of the municipality and the community as a A. THOMPSON-A. GUESS-CONCERNS-HSG. PROBLEMS whole; and (CCP#69-MAR. 4,03) That the Plan affords maximum opportunity to private That the above item be and the same hereby is received enterprise, consistent with the sound needs of the and filed. municipality as a whole, for the undertaking of an urban ADOPTED renewal program; and That the Mayor is hereby authorized to execute any and all NO. 146 deeds or other documents necessary to acquire and convey SCHOOL #75-MONROE ST. TO COB (BD. ED.) lands in the Urban Renewal Area to the City of Buffalo or the (CCP#54-OCT. 1, 02) Buffalo Urban Renewal Agency, upon the approval of said That the above item be and the same hereby is received deeds or other documents by the Corporation Counsel; and and filed. That the City of Buffalo and the Urban Renewal Agency are ADOPTED hereby authorized to acquire by gift, grant, purchase, devise, condemnation, and eminent domain or otherwise the NO. 147 property located within the Project area, as defined within SCHOOL 975-MONROE ST. TO COB (PW) said Plan, in furtherance of the Urban Renewal Plan. (CCP#34-OCT. 15, 02) PASSED That the above item be and the same hereby is received AYES - 13 NOES - 0 and filed. ADOPTED NO. 142 OAK STREET REDEVELOPMENT URBAN RENEWAL RESOLUTIONS PLAN (STRAT. PLAN.) NO. 148 (ITEM NO. 6, C.C.P., JUNE 10, 2003) SALARY ORDINANCE AMENDMENT That the above mentioned item be and the same is hereby VARIOUS DEPARTMENTS received and filed. The Common Council of the City of Buffalo does ordain as ADOPTED follows: That Section I of Chapter 35 of the Code of the City of NO. 143 Buffalo, relating to Various Departments under the various SECTION 108 LOAN FUNDS/ECONOMIC DEVE OPMENT subheadings relating to positions listed below is hereby as INITIATIVES GRANT follows: (CENTRAL PARK PLAZA REDEVELOPMENT PROJECT) This ordinance shall take effect as per the respective dates (ITEM NO. 152, C.C.P., JUNE 10, 2003) on the attached schedule. That the City of Buffalo and the City of Buffalo APPROVED AS TO FORM Urban Renewal Agency are hereby authorized to enter into a Corporation Counsel Section 108 Loan as follows: 05/23/2003 Attachment a. The Section 108 loan shall be a pass through loan This ordinance shall be effective July 1, 2003. from the United States Department of Housing and Urban It is hereby certified, pursuant to Section 24-15 of the Development Charter, that the immediate passage of the foregoing b. That the City of Buffalo is hereby authorized to ordinance is necessary. pledge its Community Development Block Grants as security We, Anthony M. Masiello, Mayor, Andrew A. SanFiliippo, for the Section 108 loan. Deputy Comptroller, James B. Milroy, Commissioner of C. The loan application shall be prepared and Administration and Finance, Charles L. Michaux 111, City administered by the Buffalo Economic Renaissance Clerk, Michael Risman, Corporation Council, Rajender Corporation ("BERC"). Mehta, Supervisor Systems Programming, Bruna Michaux, d. The loan shall be granted to the City of Buffalo Commissioner of Assessment, Rocco I Diina, Commissioner Urban Renewal Agency ("BURA"). of Police, Calvin G. Worthy, Commissioner of Fire, Lenoard e. The interest rate assessed will be at the prevailing A. Matarese, Commissioner of Human Resources, Joseph Section 108 rate plus a ½ of 1% administration fee, and the N, Giambra, Commissioer of Public Works, Parks and following conditions: Streets, Donald 0. Allen, Commissioner of Community i) Approval and authorization of such financing by Services, Raymond McGurn, Commissioner of Permits and BURA. Inspections, and Michael A. Seaman, Director of Budget, ii) Authorization by the BERC Board of Directors to recommend that the compensation for said positions be fixed submit the at the respective amounts set forth in the P Section 108 loan application for financing to the Federal foregoing ordinance. Grantor. PASSED That the Mayor of the City of Buffalo and the Director or AYES - 13 NOES - 0 Interim Director of the Office of Strategic Planning acting in their capacities as Mayor and Director, or Chairman and NO. 149 Vice-Chairman of BURA, respectively, are hereby authorized BY: Mr. Coppola to execute any and all documents deemed necessary by SALARY ORDINANCE AMENDMENT their appropriate legal counsel to effect this resolution. VARIOUS DEPARTMENTS That the authorizing resolution of BURA and the Common AFSCME LOCAL #650 Council be amended to include authorization to The Common Council of the City of Buffalo does ordain as amend/include the Central Park Plaza Section 108/EDI in follows: the 29 th year Consolidated Plan. That Section I of Chapter 35 of the Code of the City of F. That 25% of the construction work force shall be Buffalo, relating to Various Departments under the various minorities and 5 % shall be women for the redevelopment subheadings relating to positions listed below is hereby as and reconstruction of the Central Park Plaza follows: PASSED This ordinance shall take effect as per the respective dates AYES - 13 NOES - 0 on the attached schedule. Salary Ordinances on file in Clerk’s Office This Ordinance shall be effective July 1, 2002. That part of Subdivision (A) of Section 35 - 9 of It is hereby certified, pursuant to Section 24-15 of the Chapter 35 of the Code of the City of Buffalo, relating to Charter, that the immediate passage of the foregoing Salary and Wage Schedule "G", International Brotherhood of ordinance is necessary. Teamsters, Local 264T, is hereby amended to read as We, Anthony M. Masiello, Mayor, Andrew A. SanFilippo, follows: Deputy Comptroller, James B. Milroy, Commissioner of See Attached Schedule "G" Administration and Finance, Charles L. Michaux III, City Schedule on file in Clerk’s Office Clerk, Michael B. Risman, Corporation Counsel, Rajender We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Mehta, Supervisor, Systems Programming, Bruna Michaux, Deputy Comptroller, pursuant of Section 24-15 of the Commissioner of Assessment, Rocco J. Diina, Charter of the City of Buffalo, hereby certify that contingent Commissioner of Police, Calvin G. Worthy, Commissioner of upon prior or concurrent action to provide and authorize Fire, Leonard A. Matarese, Commissioner of Human funding thereof, the interests of the City of Buffalo will be Resources, Joseph N. Giambra, Commissioner of Public subserved by the increase in compensation provided for the Works, Parks and Streets, Donald O. Allen, Commissioner of positions set forth in the foregoing ordinance. Community Services, Raymond McGurn, Commissioner of APPROVED AS TO FORM Permits and Inspections, and Michael A. Seaman, Director, Michael B. Risman recommend that the compensation for said positions be fixed Corporation Counsel at the respective amounts set forth in the foregoing 06/11/2003 - Attachment ordinance. PASSED APPROVED AS TO FORM AYES-13. NOES-0. Michael B. Risman Corporation Counsel NO. 153 05/23/2003 Attachment BY: Mr. Coppola PASSED. SALARY ORDINANCE AMENDMENT AYES-13. NOES-0. DEPARTMENT OF POLICE The Common Council of the City of Buffalo does ordain as NO. 150 follows: By: Mr. Coppola That Section I of Chapter 35 of the Code of the City of SALARY AND WAGE SCHEDULE “A” Buffalo, relating to Various Departments under the various 7/1/02-6/30/04 AFSCME LOCAL #650 subheadings relating to positions listed below is hereby as JULY 1, 2002 - JUNE 30, 2004 follows: The Common Council of the City of Buffalo does ordain as This ordinance shall take effect as per the respective dates follows: on the attached schedule. That part of Subdivision (A) of Section 35 - 9 of Chapter 35 This Ordinance shall be effective July 1, 2000. of the Ordinance on file in Clerk’s Office. Code of the City of Buffalo, relating to Salary and Wage It is hereby certified, pursuant to Section 24-15 of the Schedule "A", Local 650., is hereby amended to read as Charter, that the immediate passage of the foregoing follows: ordinance is necessary. See Attached Schedule "A" We, Anthony M. Masiello, Mayor, Andrew A. SanFilippo, Schedule on File in Clerk’s Office Deputy Comptroller, Rocco J. Diina, Commissioner of Police We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, and Michael A. Seaman, Director of the Budget, recommend Deputy Comptroller, pursuant of Section 24-15 of the that the compensation for said positions be fixed at the Charter of the City of Buffalo, hereby certify that contingent respective amounts set forth in the foregoing ordinance. upon prior or concurrent action to provide and authorize APPROVED AS TO FORM funding thereof, the interests of the City of Buffalo will be Michael B. Risman subserved by the increase in compensation provided for the Corporation Counsel positions set forth in the foregoing ordinance. 05/23/2003 Attachment APPROVED AS TO FORM PASSED. Michael B. Risman AYES-13. NOES-0. Corporation Counsel 05/23/2003 - Attachment NO. 154 PASSED. BY: MR. COPPOLA AYES-13. NOES-0. SAL./WAGE SCHEDULE “C”-7/1/00-6/30/04 (POLICE) The Common Council of the City of Buffalo does ordain as NO. 151 follows: BY: Mr. Coppola That part of Subdivision (A) of Section 35 - 9 of SALARY ORDINANCE AMENDMENT Chapter 35 of the Code of the City of Buffalo, relating to DEPARTMENT OF PUBLIC WORKS Salary and Wage Schedule "C", Local PBA, is hereby DIVISION OF WATER (PIPE CAULKERS) amended to read as follows: The Common Council of the City of Buffalo does ordain as See Attached Schedule "C" follows: Schedule on file in Clerk’s Office. That Section I of Chapter 35 of the Code of the City of We, Anthony M. Masiello, Mayor, and Andrew A. SanFilippo, Buffalo, relating to Various Departments under the various Deputy Comptroller, pursuant of Section 24-15 of the subheadings relating to positions listed below is hereby as Charter of the City of Buffalo, hereby certify that contingent follows: upon prior or concurrent action to provide and authorize This ordinance shall take effect as per the respective dates funding thereof, the interests of the City of Buffalo will be on the attached ordinance. subserved by the increase in compensation provided for the Ordinance on file in Clerk’s Office. positions set forth in the foregoing ordinance. This ordinance shall be effective July 1, 2002. APPROVED AS TO FORM It is hereby certified, pursuant to section 24-15 of the Michael B. Risman Charter, that the Corporation Counsel Immediate passage of the foregoing ordinance is necessary. 05/23/2003 - Attachment We, Anthony M. Masiello, Mayor, Andrew A. SanFilippo, PASSED. Deputy Comptroller, James B. Milroy, Commissioner of AYES-13. NOES-0. Administration and Finance, Joseph N. Giambra, Commissioner of Public Works, Parks and Streets and NO. 155 Michael A. Seaman, Director of Budget, recommend that the BY: Mr. Coppola compensation for said positions be fixed at the respective SALARY ORDINANCE AMENDMENT- amounts set forth in the foregoing ordinance. DEPARTMENT OF FIRE APPROVED AS TO FORM The Common Council of the City of Buffalo does ordain as Michael B. Risman follows: Corporation Counsel That Section I of Chapter 35 of the Code of the City of 06/11/2003 Attachment Buffalo, relating to Various Departments under the various PASSED. subheadings relating to positions listed below is hereby as AYES-13. NOES-0. follows: This ordinance shall take effect as per the respective dates By: Mr. Coppola on the attached ordinance. NO. 152 Ordinance on file in Clerk’s Office. SALARY AND WAGE SCHEDULE "G" This ordinance shall be effective July 1, 2000. JULY 1, 2002 - JUNE 30, 2004 (CAULKERS) It is hereby certified, pursuant to Section 24-15 of the The Common Council of the City of Buffalo does ordain as Charter, that the immediate passage of the foregoing follows: ordinance is necessary. We, Anthony M. Masiello, Mayor, Andrew A. SanFilippo, 2. That the Mayor, the Chairman, Vice-Chairman, Deputy Comptroller, James B. Milroy, Commissioner of or any officer of the Buffalo Urban Renewal Agency is Administration and Finance, Calvin G. Worthy, hereby authorized to execute any and all deeds or other Commissioner of Fire and Michael A. Seaman, Director of documents necessary to convey land described in the Budget, recommend that the compensation for said positions proposed "Land Disposition Agreement" to Roswell Park be fixed at the respective amounts set forth in the foregoing Cancer Institute and/or other legal entity to be formed in ordinance. accordance with the terms of said Agreement and for the PASSED. consideration recited therein. AYES-13. NOES-0. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 156 BY: MR. COPPOLA NO. 159 SALARY AND WAGE SCHEDULE “D”-JULY 1, 2000 - By: Councilmernber Davis JUNE 30, 2002 SET PUBLIC HEARING The Common Council of the City of Buffalo does ordain as OAK STREET REDEVELOPMENT follows: PROJECT NYR- 197 That part of Subdivision (A) of Section 35 - 9 of Chapter 35 ELLICOTT/NEW VIRGINIA of the WHEREAS, Roswell Park Cancer Institute and/or Code of the City of Buffalo, relating to Salary and Wage other legal entity to be formed (herein referred to as the Schedule "D", Local 282, is hereby amended to read as "Redeveloper") has been duty designated as qualified and follows: eligible Redeveloper In accordance with the rules and See Attached Schedule "D" procedures prescribed by the City of Buffalo Urban Renewal Schedule on file in Clerk’s Office. Agency; and We, Anthony M. Masiello, Mayor, and Andrew A. SanFilippo, WHEREAS, the City of Buffalo Urban Renewal Deputy Comptroller, pursuant of Section 24-15 of the Agency and the Redeveloper has negotiated a Land Charter of the City of Buffalo, hereby certify that contingent Disposition Agreement for a 19,166 sq. ft. vacant parcel of upon prior or concurrent action to provide and authorize land located in the Oak Street Development Project NYR- funding thereof, the interests of the City of Buffalo will be 197; and subserved by the increase in compensation provided for the WHEREAS, the terms of said Land Disposition positions set forth in the foregoing ordinance. Agreement have been approved by the City of Buffalo Urban APPROVED AS TO FORM Renewal Agency; and Michael B. Risman WHEREAS, said Land Disposition Agreement has Corporation Counsel been forwarded by the City of Buffalo Urban Renewal 03/28/2003 - Attachment Agency to this Common Council for action, pursuant to PASSED. section 507, subdivision 2(d) of the General Municipal Law; AYES-13. NOES-0. and NO. 157 WHEREAS, Article 15A of the "General Municipal By: Mr. Coppola Law" requires that the disposition of land in an Urban GRANT PERMISSION TO INSTALL LIGHT POLE Renewal Project may be approved only after a public BANNERS ON HERTEL AVENUE FOR THE ITALIAN hearing on due notice. FESTIVAL NOW, THEREFORE, BE IT RESOLVED: Whereas: The Italian Festival is a yearly event that takes 1, That the City Clerk is hereby directed to publish place on Hertel Avenue between Delaware and Colvin the notice attached hereto and marked "Notice of Hearing" in Avenues; and the Buffalo News, no later than the 28th day of June 2003. Whereas: The firm of Parisi and O'Brien Marketing and 2. That this Common Council will conduct a Public Promotions have requested that they will be able to install 20 Hearing on the matter stated in said "Notice of Hearing" at light pole banners along Hertel Avenue between Delaware 2:00 P.M, in the Council Chambers on the 8th of July 2003. and Colvin Avenues to promote the Italian Festival; and ADOPTED. Whereas: Parisi and O'Brien have had discussions with the Hertel North Buffalo Business Association and members of NO. 160 the Italian Festival Committee, and all parties would like to By: Mr. Davis see the banners installed; and PERMISSION TO HANG COMMERCIAL GRADE Whereas: Parisi and O'Brien will submit the proper BANNERS notification of serial to the Department of Public Works, Whereas: The St. Louis R.C. Church located on 35 Edward Parks, & Streets upon approval of this item. Street request permission to hang 24" wide by 72" tall Now, Therefore, Be It Resolved: banners to celebrate their 175th anniversary in January This Common Council supports Parisi and O'Brien in its 2004; and endeavors, and subject to the conditions set forth by the Whereas: In order to promote the celebration, the St. Louis Department of Public Works, Parks, & Streets, grants them R.C. Church is requesting permission to hang three (3) permission to install 20 banners on city owned light poles commercial grade banners on city street lights; two on Main located on Hertel Avenue between Delaware and Colvin Street in front of the Church and one on Edward Street on Avenues; and the side of the church. Be It Further Resolved: Now, Therefore, Be It Resolved: That these banners may not be installed until July 1, 2003, That the Common Council of the City of Buffalo grants and must be removed by July 31, 2003. permission to the St. Louis R.C. Church to hang the banners PASSED. advertising their 175th anniversary; and AYES-13. NOES-0. Be It Further Resolved: That the St. Louis R.C Church will have to request the NO. 158 permission of the businesses that will have the banners By: Mr. Davis affixed to their structures, and will purchase the necessary LAND DISPOSITION AGREEMENT bond before the banners are hung; and ELLICOTTINEW VIRGINIA Be It Further Resolved: 19,166 SQ.FT, That said banners will hang on Main and Edward Street from ROSWELL PARK CANCER June 24 2003, through the end of January 2004; and INSTITUTE - REDEVELOPER Be It Finally Resolved: WHEREAS, the Buffalo Urban Renewal Agency That said banners meet all the requirements of pertinent City has duly designated Roswell Park Cancer Institute and/or departments and that no existing laws are violated. other legal entity to be formed as qualified and eligible PASSED. Redeveloper in accordance with rules and procedures duly AYES-13. NOES-0. adopted by the Agency; and WHEREAS, the City Clerk has published a Notice NO. 161 of Public Hearing, as required by Section 507, Subdivision By: Mr. Davis 2(d) of the "General Municipal Law" and PERMISSION TO HANG BANNER WHEREAS, the proposed Land Disposition Whereas: The Gospel Fest 2003 would like to advertise this Agreement has been duly submitted to this Common Council years event; and by the Buffalo Urban Renewal Agency; and Whereas: In order to promote the event, the Gospel Fest is NOW, THEREFORE, BE IT RESOLVED requesting permission to hang a banner on the comer of 1. Rowel Park Cancer Institute and/or other legal Jefferson and High Streets. entity to be formed was duly designated as qualified and Now, Therefore, Be It Resolved: eligible Redeveloper by the Buffalo Urban Renewal Agency, That the Common Council of the City of Buffalo grants is hereby approved as the Redeveloper for a 19,166 sq. ft. permission to the Gospel Fest to hang the banner vacant parcel at Elicit/New Virginia in the Oak Street advertising this years event; and Redevelopment Project NYR- 197. Be It Further Resolved: That said banner will hang on Jefferson and High Streets Assembly, to Assembly Majority Leader Paul Tokasz, to the from June 24 through July 27, 2003; and Secretary of the Senate, to Senate Majority Leader Joseph Be It Finally Resolved: Bruno, and to members of the Western New York Legislative That said banners meet all the requirements of pertinent City delegation. departments and that no existing laws are violated. ADOPTED. PASSED. AYES-13. NOES-0. NO. 164 By: Mr. Davis, Mr. Thompson NO. 162 HOME RULE MESSAGE - ASSEMBLY BILL #A8684 By: Mr. Davis, Mr. Thompson SENATE BILL #S4465 - "AN ACT TO AMEND THE TAX HOME RULE MESSAGE - ASSEMBLY BILL #A8681 AND LAW, IN RELATION TO ESTABLISHING CERTAIN TAX SENATE BILL #S4462 - "AN ACT TO AMEND THE CIVIL CREDITS FOR RESIDENT POLICE OFFICERS AND SERVICE LAW, IN RELATION TO CIVIL SERVICE EXAM FIREFIGHTERS" CREDITS FOR POLICE OFFICERS AND FIREFIGHTERS Whereas: A Bill has been introduced in the NYS Assembly, IN CERTAIN CITIES" #A8684 and Senate Bill #S4465 - "an act to amend the tax Whereas: A Bill has been introduced in the NYS Assembly, law, in relation to establishing certain tax credits for resident #A8681 and Senate #S4462 –“An act to amend the civil police officers and firefighters"; and service law, in relation to civil service exam credits for police Whereas: The City of Buffalo is the second largest city in officers and firefighters in certain cities"; and New York State and for years has experienced a declining Whereas: The City of Buffalo is the second largest city in population and tax base; and New York State and for years has experienced a declining Whereas: Police Officers and Firefighters living outside the population and tax base; and city impacts Buffalo's ability to receive a return on its Whereas: Police Officers and Firefighters living outside the investment and has been a factor in the City of Buffalo laying city impacts Buffalo's ability to receive a return on its off police officers and closing firehouses; and investment and has been a factor in the City of Buffalo laying Whereas: Assembly Bill #A8684 and Senate Bill #S4465 off police officers and closing firehouses; and adds a new section 620-B authorizing cities with the Whereas: Assembly Bill #A8681 and Senate Bill #S4462 population between two hundred ninety thousand and one authorizes cities with a population between two hundred million to adopt and an amend local law providing for ninety thousand and one million to adopt a local law which resident police officers and firefighters a tax credit; and would grant residents of such city additional credit in Whereas: Assembly Bill #A8684 and Senate Bill #S4465 will competitive examinations for original appointment as a provide certain municipalities with a local law the option to police officer or firefighter, and provide a procedure offer a state income tax credit to police officers and for implementation and awarding of this credit; and firefighters intended to encourage residency by police Whereas: Assembly Bill #A8681 and Senate Bill #S4462 will officers and firefighters within these municipalities; provide certain municipalities with a local law the option to Now, Therefore be it Resolved: offer additional exam credit for police or firefighters that is That the Common Council of the City of Buffalo hereby goes intended to encourage residency by police officers and on record in support of Assembly Bill #A8684 and Senate Bill firefighters within these municipalities; #S4465 -"an act to amend the civil service law, in relation to Now, Therefore be it Resolved: establishing certain tax credits for resident police officers That the Common Council of the City of Buffalo hereby goes and firefighters"; and on record in support of Assembly Bill #A8681 and Senate Bill Be it Further Resolved: #S4462 -"an act to amend the civil service law, in relation to That the City Clerk be directed to forward certified copies of civil service exam credits for police officers and firefighters in this Home Rule Message to Governor George Pataki, to certain cities"; and Assembly Speaker Sheldon Silver, to the Clerk of the Be it Further Resolved: Assembly, to Assembly Majority Leader Paul Tokasz, to the That the City Clerk be directed to forward certified copies of Secretary of the Senate, to Senate Majority Leader Joseph this Home Rule Message to Governor George Pataki, to Bruno, and to members of the Western New York Legislative Assembly Speaker Sheldon Silver, to the Clerk of the delegation. Assembly, to Assembly Majority Leader Paul Tokasz, to the ADOPTED. Secretary of the Senate, to Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative NO. 165 delegation. BY: MR. DAVIS, MR. THOMPSON ADOPTED. HOME RULE MESSAGE - ASSEMBLY BILL #A8683 SENATE BILL #S4466 - "AN ACT TO AMEND THE REAL NO. 163 PROPERTY TAX LAW, IN RELATION TO ESTABLISHING By: Mr. Davis, Mr. Thompson CERTAIN TAX CREDITS FOR RESIDENT POLICE HOME RULE MESSAGE - ASSEMBLY BILL #A8680 AND OFFICERS AND FIREFIGHTERS" SENATE BILL #S4463- "AN ACT TO AMEND THE CIVIL Whereas: A Bill has been introduced in the NYS Assembly, SERVICE LAW, IN RELATION TO PROMOTIONAL EXAM #A8683 and Senate Bill #S4466 - "an act to amend the real CREDITS FOR POLICE OFFICERS AND FIREFIGHTERS property tax law, in relation to establishing certain tax credits IN CERTAIN CITIES" for resident police officers and firefighters"; and Whereas: A Bill has been introduced in the NYS Assembly, Whereas: The City of Buffalo is the second largest city in #A8680 and Senate #S4463 -an act to amend the civil New York State and for years has experienced a declining service law, in relation to promotional exam credits for police population and tax base; and officers and firefighters in certain cities"; and Whereas: Police Officers and Firefighters living outside the Whereas: The City of Buffalo is the second largest city in city impacts Buffalo's ability to receive a return on its New York State and for years has experienced a declining investment and has been a factor in the City of Buffalo laying population and tax base; and off police officers and closing firehouses; and Whereas: Police Officers and Firefighters living outside the Whereas: Assembly Bill 4A8683 and Senate Bill 4S4466 city impacts Buffalo's ability to receive a return on its authorizes cities with a population between two hundred investment and has been a factor in the City of Buffalo laying ninety thousand and one million to adopt a local law which off police officers and closing firehouses; and would grant residents of such city additional credit officer of Whereas: Assembly Bill #A8680 and Senate Bill #S4463 firefighter, and provide a procedure for additional credit for authorizes cities with a population between two hundred promotional exams and awarding this credit; and ninety thousand and one million to adopt a local law which Whereas: Assembly Bill #A8683 and Senate Bill #S4466 would grant residents of such city additional credit officer of provides certain municipalities with a local law the option to firefighter, and provide a procedure for additional credit for offer a real property tax credit that is intended to encourage promotional exams and awarding this credit; and residency by police officers and firefighters within these Whereas: Assembly Bill #A8680 and Senate Bill #S4463 will municipalities; provide certain municipalities with a local law the option to Now, Therefore be it Resolved: offer additional exam credit for promotional exam, intended That the Common Council of the City of Buffalo hereby goes to encourage residency by police officers within these on record in support of Assembly Bill #A8683 and Senate Bill municipalities; #S4466 -"an act to amend the real property tax law, in Now, Therefore be it Resolved: relation to establishing certain tax credits for resident police That the Common Council of the City of Buffalo hereby goes officers and firefighters"; and on record in support of Assembly Bill #A8680 and Senate Bill Be it Further Resolved: #S4463 -"an act to amend the civil service law, in relation to That the City Clerk be directed to forward certified copies of promotional exam credits for police officers and firefighters in this Home Rule Message to Governor George Pataki, to certain cities"; and Assembly Speaker Sheldon Silver, to the Clerk of the Be it Further Resolved: Assembly, to Assembly Majority Leader Paul Tokasz, to the That the City Clerk be directed to forward certified copies of Secretary of the Senate, to Senate Majority Leader Joseph this Home Rule Message to Governor George Pataki, to Bruno, and to members of the Western New York Legislative Assembly Speaker Sheldon Silver, to the Clerk of the delegation. ADOPTED. Services pursuant to a verified written application upon a form provided by the Department. NO. 166 Section 194-3. Referral and approval of license application. By: Mr. Davis, Mr. Thompson A. All new applications shall be referred to the Department of HOME RULE MESSAGE - ASSEMBLY BILL #A8682 AND Pen-nit and Inspection Services Permit Office to determine SENATE BILL #S4467 - "AN ACT TO AMEND THE compliance with all applicable city-zoning laws and EDUCATION LAW, IN RELATION TO ESTABLISHING ordinances, including determination of permitted and THE POLICE OFFICER AND FIREFIGHTER LOAN established use of the property location. FORGIVENESS PROGRAM" B. All new applications and the renewals therefore shall be Whereas: A Bill has been introduced in the NYS Assembly, referred to the Department of Permit and Inspection Services #A8682 and Senate Bill #S4467 - "an act to amend the Inspections Division to determine that the building meets all education law, in relation to establishing the police officer city and state building codes and to determine whether the and firefighter loan forgiveness program"; and business meets and is conforming with any and all Whereas: The City of Buffalo is the second largest city in established primary and accessory uses. New York State and for years has experienced a declining C. All new applications shall be referred to the Department of population and tax base; and Fire to determine that the property location meets all Whereas: Police Officers and Firefighters living outside the applicable New York State Fire Codes. city impacts Buffalo's ability to receive a return on its D. All new applications and the renewals therefore shall be investment and has been a factor in the City of Buffalo laying referred to the Department of Police for their investigation off police officers and closing firehouses; and regarding the moral character of the applicant and an Whereas: Assembly Bill #A8682 and Senate Bill #S4467 incident history of the property location, with a authorizes cities with a population between two hundred recommendation for approval or disapproval of the ninety thousand and one million to adopt a local law which application. All recommendations for disapproval must state would grant residents of such city additional credit officer of the reason for such disapproval in writing. firefighter, and provide a procedure for additional credit for E. The City of Buffalo reserves the right to make promotional exams and awarding this credit; and unannounced periodic on-site inspections during business Whereas: Assembly Bill #A8682 and Senate Bill #S4467 hours by any of the aforementioned enforcement agencies to provides certain municipalities with a local law the option to ensure compliance with all applicable laws and ordinances. establish a college loan forgiveness program that is intended Section 194-4. Operation of business. to encourage residency by police officers and firefighters A. The owner/operator of any licensed food store shall within these municipalities; comply with all provisions of federal, state and local laws and Now, Therefore be it Resolved: ordinances relating to the conduct of the business, use and That the Common Council of the City of Buffalo hereby goes maintenance of the premises. on record in support of Assembly Bill #A8682 and Senate Bill B. The owner/operator of any licensed food store shall #S4467 -"an act to amend the education law, in relation to comply with all notices, orders, decisions and rules and establishing the police officer and firefighter loan forgiveness regulations made by the Department of Permit and program"; and Inspection Services. Be it Further Resolved: C. A licensed food store shall not have a commercial kitchen That the City Clerk be directed to forward certified copies of and there shall not be any on this Home Rule Message to Governor George Pataki, to site food consumption or public assembly at on-site public Assembly Speaker Sheldon Silver, to the Clerk of the seating areas on the premises. Assembly, to Assembly Majority Leader Paul Tokasz, to the D. Any person, firm, corporation or other entity violating the Secretary of the Senate, to Senate Majority Leader Joseph provisions of this Chapter may be liable for penalties as Bruno, and to members of the Western New York Legislative prescribed in Chapter 137, Article 1, of this Code, and may delegation. be subject to immediate closure by the Buffalo Police ADOPTED. Department and/or the Department of Permit and Inspection Services. NO. 167 Section 194-5 .Transferability and expiration of license. By: Mr. Fisher A. All licenses are nontransferable. All licenses issued are ORDINANCE AMENDMENT valid for only the owner/operator and business location CHAPTER 194 - FOOD STORE indicated on the license. Any change in business ownership The Common Council of the City of Buffalo does hereby or business location requires a new application. ordain as follows: B. Said license shall expire annually on April I after the That Chapter 194 of the Code of the City of Buffalo be issuance thereof, unless revoked by he Department of amended to read as follows: Permit and Inspection Services for cause. Chapter 194 Food Store C. The annual fee for a food store license shall be as Section 194-1. Definitions. provided in Chapter 175, Fees. DEPARTMENT - - The Department of Permit and Inspection Section 194-6. Complaints. Services, the Commissioner of Permit and Inspection Written complaints may be received by the Department. Services and his or her designee acting under the Upon investigation, the Department may require a meeting Commissioner's authority. with the owner/operator to determine whether a food store PRIMARY USE - - Shall constitute a minimum of eighty-five license should be suspended or revoked, or whether a percent (85%) of the principal and main use of the business license should be renewed. If outstanding complaints are not establishment. The "primary use" shall be determined and resolved, a hearing will be held before the revocation or established by the Department of Permit and Inspection suspension of the license or renewal is granted. Services. Section 194-7. Revocation, suspension or non renewal of ACCESSORY USE - - Shall constitute a maximum of fifteen license. percent (15%) of the use of said business establishment. In The license of any person, firm, corporation or no case shall such "accessory use" dominate, in area, extent other entity granted under this Chapter may be revoked or or purpose, or in any way exceed fifteen percent (15%) of suspended by the Department of Permit and Inspection the primary and main use established by the Department of Services upon determination by the Department, after notice Permit and Inspection Services for such business and hearing. A license may not be renewed if, after notice establishment, and hearing, it has been determined that a food store COMMERCIAL KITCHEN - - Cooking facilities used for the owner/operator has not operated such food store in preparation of food such as, but not limited to, commercial compliance with this Chapter or other applicable laws and ranges, ovens, broilers, grills, griddles, char boilers, pizza codes. Such non renewal shall be issued in writing and may ovens, deep fat frying equipment or any other similar be appealed pursuant to Article 78 of the Civil Procedure equipment as so determined by the Department of Permit Law and Rules. and Inspection Services. Section 194-8. Closure FOOD STORE - - Any [premises] commercial establishment Any food store operating without the required food store with a total floor space [with] of twenty-thousand (20,000) license shall be immediately closed by order of the Buffalo square feet or less, of which the "primary use" (85% or more) Police Department or the Department of Permit and is devoted to the sale and or display of but not limited to, Inspection Services. Every day of operation without a license cigarettes, dry goods, bottled or canned beverages and shall constitute a separate violation. prepackaged foods not prepared on the premises. This It is hereby certified, pursuant to Section 3-19 of definition shall not include residential space that maybe the Charter, that the immediate passage of the foregoing adjacent to such food store. ordinance is necessary. Section 194-2. License Required. APPROVED AS TO FORM No person, firm, corporation or other entity shall Michael B. Risman operate, maintain or engage in the business of operating a Corporation Counsel food store in the City of Buffalo without first having been PASSED. issued a license by the Department of Permit and Inspection AYES-13. NOES-0. NO. 168 authorizes the Seneca Nation of Indians to build several BY: MR. FRANCZYK gaining facilities in the Western New York area. The first of ADJUST ALTERNATIVE PARKING ON TENNESSEE the authorized casinos has been established in Niagara STREET Falls, it attracts up to twenty thousand visitors a day; and WHEREAS: Tennessee Street between South Street and Whereas: The Seneca Nation has recently announced that it the railroad tracks to the north currently has all day wishes to purchase the Buffalo Convention Center and alternative parking restrictions, but residents only want convert it into a gaining facility; and alternative parking on Tennessee Street from 9 a.m. to 5 Whereas: The City of Buffalo cannot withstand a negative p.m., allowing them to park on either side of the street from 5 impact on the core of its downtown business community; and p.m. to 9 a.m. Whereas: Downtown stakeholders are wary of the NOW THEREFORE BE IT RESOLVED: Convention Center location for many reasons. No matter That the Public Works Department posts Alternative Parking what side of the downtown parking discussion you are on signs on Tennessee Street from 9 a.m. to 5 p.m. only, one fact remains constant - the area surrounding the casino allowing for parking on both sides of the street outside those does not have the parking inventory to sufficiently serve the times. crowds that the casino would draw. This leads to fear that REFERRED TO THE COMMITTEE ON LEGISLATION AND rates would skyrocket, as rates and parking become THE COMMISSIONER OF PUBLIC WORKS problematic businesses leave for the spacious suburbs for supposed convenience; and NO. 169 Whereas: Building more parking ramps is not the By: Mr. Golombek and Mr. Franczyk answer to this dilemma. RIMAT has stated that for the urban MEMORIALIZE ERIE COUNTY TO ADOPT ANTI-SPRAWL fabric of the central business district to be maintained, it is MEASURES - WATER essential to reduce the practice of demolishing buildings to Whereas: The City of Buffalo has lost half its population over create off-street parking and recommends the city explore the past 50 years. During the same period the population of legal means of preventing this type of urban blight; and Erie County did not experience a loss of similar proportions. Whereas: There is also substantial concern that as In fact several of the out lying suburbs have seen large businesses leave and stores become vacant that the Seneca population increases. This is as clear of an indication of will purchase the land and take it off the tax rolls. According urban sprawl as there could be; and to the Compact the Seneca may acquire land around the Whereas: As strip malls and sub-divisions were built in these casino for gaming and commercial activities traditionally outlying suburbs to serve the new residents, the shopping associated with the operation of a casino facility. These districts and neighborhoods of the City of Buffalo that once properties, once acquired, would then come off the tax rolls served those residents deteriorated; and resulting 'in a loss of revenue to the City of Buffalo; and Whereas: Revenues derived from the taxpayers of the City Now, Therefore, Be It Resolved: of Buffalo went to help the suburbs grow. Those monies This Honorable Body does hereby go on record 'in were used to build new highways and widen roads when opposition to the Buffalo Convention Center as the location they should have been used to strengthen city for a gambling facility within the City of Buffalo neighborhoods and help stabilize city business districts. REFERRED TO THE MAYOR"S TASK FORCE ON CASINO Whereas: Just as the City of Buffalo subsidized the growth of GAMING the suburbs - the inner ring suburbs are now subsidizing the growth of the outer ring suburbs; and NO. 171 Whereas: When people move further away from the urban By: Ms. Grant core and its adjacent suburbs they leave behind the DISCHARGE FROM THE FINANCE COMMITTEE - ITEM available infrastructure that supports modem living. When NO. 75, C.C.P. JUNE 10, 2003-"ART IN PUBLIC PLACES those people move to communities where the citizens rely FOR C. DISTRICT" on well water two things happen - a) the surrounding aquifer Whereas: Item No. 75, June 10, 2003-"Art in Public Places is insufficient to safely meet the needs of the growing for C District" is presently before the Finance Committee; community and b) newer residents, often from the urban and core, are unhappy with well water and want what is often Whereas: It is no longer necessary for this item to be referred to as "City Water"- water that is treated and considered by that committee; delivered through a governmental agency; and Now, Therefore, Be It Resolved: Whereas: In order to deal with the aforementioned That this Common Council does hereby discharge the eventualities the residents and the municipalities take steps Committee on Finance from further consideration of item No, to create what are called "water districts". In this model small 75, C.C.P. June 10, 2003"Arts in Public Places for C District" service areas are created and the infrastructure to deliver and said item is now before the Council. the water within that area is paid for by those serviced That the above item be and is hereby received and filed. residents. In most cases over time it becomes very ADOPTED. expensive for local municipalities to continue to provide AYES-BONIFACIO, DAVIS, FISHER, FONTANA, GRANT, water service to such customers and the water district is sold GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON-10. or leased to Erie County Water Authority. This reality NOES-COPPOLA, FRANCZYK, GOLOMBEK-3. provides a method that Erie County can use to abate the problem of sprawl- by prohibiting new water districts from NO. 172 connecting to its water system; and BY: MRS. GRANT Whereas: Although it costs considerably more to deliver INCREASED APPROPRIATION water service to its outlying suburban customers the Erie RESERVE FOR CAPITAL OUTLAY County Water Authority charges customers in Lackawanna VARIOUS DEPARTMENTS and Hamburg the same rate per 1000 gallons that they That, Pursuant to §20-11 of the Charter and the Certificate of charge customers in Newstead and Alden. Therefore, the the Mayor and the Comptroller submitted to the Common residents of the inner suburbs are subsidizing the water Council, the appropriation in the budget for the current fiscal service to the outer suburbs; and year for Appropriation Allotments Capital Outlay - Various Whereas: It is time to end the sprawl in Erie County that is departments, be and the same hereby are increased in the harming the City of Buffalo, the regional hub of Erie County. sum of $1,204,586. Now, Therefore, Be It Resolved That: That, the comptroller be and hereby is authorized and This Common Council does hereby memorialize Erie County directed to increase the appropriation estimates of accounts: to take measures to end the sprawl that is not only killing the From: City of Buffalo but will drag down the inner ring suburbs as 10700096 - 397200 - Reserve for Capital Budget well; and $1,204,586 Now, Be It Further Resolved That: To meet the increased appropriation as set This Honorable Body requests the Erie County Water forth below: Authority adopt a moratorium on connecting its system to To: water districts and other municipal water systems created 16551007 474100 Permits Equipment after 1990; and $98,950 Now, Be It Finally Resolved That: 11475007 474100 PVB Equipment The Common Council requests the City Clerk to send 74,620 certified copies of this resolution to the Erie County 11782007 474100 Print Shop Equipment Executive, Erie County Legislature and Erie County 4,500 Department of Environment and Planning. 10871007 474100 MIS Equipment ADOPTED. 400,000 10647007 474100 Assessment Equipment NO. 170 18,144 By: Mr. Golombek and Mr. Franczyk 11150007 474100 Budget Equipment OPPOSE BUFFALO CONVENTION CASINO LOCATION 3,200 Whereas: The "Nation-State Gaining Compact Between the 10441007 474100 Comptroller Equipment Seneca Nation of Indians and the State of New York" 25,000 16550007 474100 inspections EquipmentSection 2. The Mayor, Comptroller, 90,000 Corporation Counsel, and City Clerk are hereby authorized 10314007 474100 Real Estate Equipmentand directed to execute and deliver any and all papers, 459 instruments, opinions, certificates, affidavits and other 11781007 474200 inventory & Stores Vehiclesdocuments, including agreements with the School District, 28,000 and to do or cause to be done any and all other acts and 10311007 474100 Zoning Board Equipmentthings necessary or proper for carrying out this resolution 300 and the Special School Purpose Agreement. 12132007 474100 Fire EquipmentIntroduced: June 24, 2003 100,000 PASSED. 11556007 474100 Treasury EquipmentAYES-13. NOES-0. 7,913 12003007 474100 Police EquipmentNO. 174 353,500 By: Mrs. Martino $1,20 ABBOTT/MCKINLEY SPECIAL ZONING DISTRICT: REFERRED TO THE COMMITTEE ON FINANCE. A. The Abbott/McKinley District, as hereafter limited and described, shall be known as the "Abbott/ McKinley Special NO. 173 Zoning District." By: Mrs. LoTempio B. Limits and Description. The Abbott/McKinley Special SPECIAL SCHOOL PURPOSE AGREEMENT BETWEEN Zoning District shall include all properties fronting on both THE CITY AND THE STATE MUNICIPAL BOND BANK sides of Abbott Road originating at the intersection of South AGENCY FOR FINANCING OF $9,351,876 IN PRIOR Park and Bailey Avenue continuing to the City line at the YEAR CLAIMS OWED TO THE CITY SCHOOL DISTRICT street centerline of Dorrance Avenue; and both sides of BY THE STATE OF NEW YORK PURSUANT TO THE McKinley Parkway originating at the intersection of Bailey EDUCATION LAW Avenue and Heussy Street continuing to Abbott Road. RESOLUTION AUTHORIZING THE NEGOTIATION AND C. Legislative Intent. EXECUTION OF A SPECIAL SCHOOL PURPOSE (1) This Common Council finds that, in the Abbott/McKinley AGREEMENT BETWEEN THE CITY AND THE STATE Special Zoning District, that the stability and continued MUNICIPAL BOND BANK AGENCY TO PROVIDE viability of this area as a sound residential, commercial and FINANCING FOR $9,351,876 IN PRIOR YEAR CLAIMS cultural area of the City is threatened and thus adversely OWED TO THE CITY SCHOOL DISTRICT BY THE STATE affects the welfare and economic well being of the city and OF NEW YORK PURSUANT TO SECTION 3604 OF THE its residents. EDUCATION LAW (2) The Common Council therefore finds that future WHEREAS, the City School District of development shall be controlled by the creation of a special the City of Buffalo, New York ("School District') is owed a zoning district. total of $9,351, 876 in prior year claims for education aid by D. Permitted Uses. Any of the uses which presently are the State of New York (the "State") pursuant to Section 3604 permitted pursuant to this Chapter of the Code of the City of of the New York State Education Law; and Buffalo or which may be established or extended as a matter WHEREAS, by Chapter 83 of the Laws of right pursuant to said Code, except those uses herein of 2002 the State Legislature has enacted legislation (the restricted, shall be permitted uses in the Abbott/McKinley "State Legislation") authorizing the State Municipal Bond Special Zoning District. Bank Agency ("MBBA") to issue special school purpose E. Restricted Uses. No use shall be permitted in the bonds and provide the proceeds of such bonds to the City Abbott/McKinley Special Zoning District which is a use for for satisfaction of such prior year claims; and dance halls, nightclubs, car washes, eating and drinking WHEREAS, the State Legislation establishments, take-out food places, tattoo parlors, billiard authorizes the City and the MBBA to enter into a special parlors and amusement arcades, except as permitted by school purpose agreement with MBBA, in substantially the subsection G of this section. form presented to this meeting and on file in the City Clerk's F. Restricted Use Permit. Office (the "Special School Purpose Agreement"), specifying (1) Any of the following listed uses may be established or the $9,351, 876 amount of MBBA bond proceeds to be made extended, Separately or in combination with other uses available to the City and requiring the City to acknowledge permitted in this district, if in compliance with all of the that, pursuant to the State Legislation, the Chairman of the regulations of this chapter, and then only if a restricted use MBBA within 30 days after the sale of such special school permit is issued pursuant to 511-55 of this chapter: purpose bonds and annually thereafter, shall deliver, with Amusement arcades respect to such bonds, a certificate to the State Comptroller Bars and the State Director of the Budget, with a copy to the State Billiard Parlors Commissioner of Education, certifying a schedule setting Car Washes forth the amount of State education aid n necessary for Dance Halls payment of the annual payments to the MBBA necessary to Eating & Drinking Establishments provide for payment of the debt service on such MBBA Nightclubs bonds together with related fees, charges, costs and other Take-Out food places amounts as determined by the MBBA; and Tattoo Parlors WHEREAS, such Special School (2) Any person seeking to establish or extend a use Purpose Agreement also requires the City to acknowledge restricted by Subsection E of this section shall file an that the State Comptroller, upon receipt of such certificate or application for a restricted use permit as provided by 511-55 any amendment thereto, shall be authorized to transfer to of this chapter. the MBBA such State education aid to the extent of the REFERRED TO THE COMMITTEE ON I.EGISLATION, amount so stated in such certificate at the times set forth CITY PLANNING BOARD AND CORPORATION therein, and that such State education aid shall belong to the COUNSEL. MBBA, shall not be, or be treated as, revenues of the City for appropriation, accounting or any other purpose (provided, NO. 175 however, that such State education aid shall be deemed to By: Mrs. Martino be revenues of the City for the purpose of any computation SOUTH PARK AVENUE SPECIAL ZONING DISTRICT: of federal or state aid). A. The South Park District, as hereafter limited and WHEREAS, by resolutions adopted described, shall be known as the "South Park Avenue December 18, 2002 the MBBA has authorized (1) the Special Zoning District." issuance of its special school purpose bonds to provide such B. Limits and Description. The South Park Avenue Special $9,351, 876 proceeds to the City and pay such related fees, Zoning District shall include all properties fronting on both charges, costs and other amounts as deter-mined by the sides of South Park Avenue originating at South Park the MBBA, and (ii) the execution and delivery by its Senior intersection of South Park and Bailey Avenue continuing to Officers of the Special School Purpose Agreement with the the City line at the street centerline of Dorrance Avenue. City. Legislative Intent. THE COMMON COUNCIL OF THE (1) This Common Council finds that, in the South Park CITY OF BUFFALO, IN THE COUNTY OF ERIE, New York, Avenue District, that the stability and continued viability of HEREBY RESOLVES AS FOLLOWS: this area as a sound residential, commercial and cultural Section 1. The Special School Purpose area of the City is threatened and thus adversely affects the Agreement is hereby approved. The Mayor and Comptroller welfare and economic well being of the city and its residents. of the City are hereby authorized to execute and deliver the (2) The Common Council therefore finds that future Special School Purpose Agreement with any changes, development shall be controlled by the creation of a special insertions and omissions therein as may be approved by the zoning district. Mayor and Comptroller, such approval to be conclusively D. Permitted Uses. Any of the uses which presently are evidenced by such execution and delivery of the Special permitted pursuant to this Chapter of the Code of the City of School Purpose Agreement. Buffalo or which may be established or extended as a matter of right pursuant to said Code, except those uses herein LoTempio, Joseph Marciano, Kathleen restricted, shall be permitted uses in the South Park Avenue Brown, Byron Atkinson, Andrae District. Gillespi, Vastye W. Bishop, Mildred L. E. Restricted Uses. No use shall be permitted in the South McCaa, Willie Eve, Arthur Jr. Park Avenue Special Zoning District which is a use for dance Miller, Gregory McCreary, Stephanie L. halls, nightclubs, car washes, eating and drinking Stroud, Jarrod Burley, Lamont establishments, take-out food places, tattoo parlors, billiard Total: 24 parlors and amusement arcades, except as permitted by ADOPTED. subsection G of this section. F. Restricted Use Permit. NO. 179 (1) Any of the following listed uses may be established or ANNOUNCEMENT OF COMMITTEE MEETINGS extended, Separately or in combination with other uses The following meetings are scheduled. All meetings are held permitted in this district, if in compliance with all of the in the Common Council Chambers, 13'h floor City Hall, regulations of this chapter, and then only if a restricted use Buffalo, New York, unless otherwise noted. permit is issued pursuant to 511-55 of this chapter: Regular Committees Amusement arcades Committee on Civil Service Tuesday, July 1, 2003 at 9:30 Bars o'clock A.M. Billiard Parlors Committee on Finance Tuesday, July 1, 2003 at 10:00 Car Washes o'clock A.M, Dance Halls following Civil Service Eating & Drinking Establishments Committee on Legislation Tuesday, July 1, 2003 at 2:00 Nightclubs o'clock P.M. Take-Out food places Committee on Comm. Dev. Wednesday, July 2, 2003 at Tattoo Parlors 10:00 o'clock A.M. (2) Any person seeking to establish or extend a use Committee on Claims Wednesday, July 2, 2003 at 1:00 restricted by Subsection E of this section shall file an o'clock P.M. application for a restricted use permit as provided by 511-55 Special Committees of this chapter. Fruitbelt Task Force Wednesday, June 25, 2003 at 10:00 REFERRED TO THE COMMITTEE ON LEGISLATION, o'clock A.M. CITY PLANNING BOARD, CORPORATION COUNSEL in Room 1417 City Hall. Police Reorganization Thursday, June 26, 2003 at 10:00 NO. 176 o'clock A.M. in Room 1417 City Hall. By Mr. Thompson (Public Disclaimer): All meetings are subject to change and FELICITATIONS/IN MEMORIAM cancellation by the respective Chairmen of Council Attached hereto are Felicitation and In Memoriam Committees. In the event that there is sufficient time given Resolutions sponsored by Members of the Common Council for notification, it will be provided. In addition, there may b as indicated: meetings set up whereby the City Clerk's Office is not made Felicitation for The Buffalo Club of the National Association aware; therefore, unless we receive notice from the of Negro Business and Professional Women's Clubs Inc., respective Chairmen, we can only make notification of what By: Councilmembers Pitts, Michaux we are made aware. Felicitation for Reverend Michael Chapman By Councilmember Pitts Michaux NO. 180 ADOPTED. ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the NO. 177 Council adjourned at 5:10 p.m. BY: Mr. Thompson CHARLES L. MICHAUX, III APPOINTMENTS CITY CLERK COMMISSIONER OF DEEDS That the following persons are hereby appointed as BOARD OF POLICE AND FIRE PENSION PROCEEDINGS Commissioner of Deeds for the term ending December 31, #6 2004, conditional, upon the person so appointed certifying OFFICE OF THE MAYOR-201 CITY HALL under oath to their qualifications and filing same with the City JUNE 19, 2003 Clerk: Present:; Anthony M. Masiello, Mayor; Jeffrey Reed-Asst. Costantino, Andrew Corporation Counsel-2 Farthing, James Absent: - James W. Pitts, Council President; Andrew Ragan, Thomas SanFilippo, Deputy Comptroller-2. Furtney, Dorothy U. The Journal of the last meeting was approved. Costantino, Eric NO. 1 Heeb, Greg I transmit herewith the Pension Payroll for the Fire Pension Schmidbauer, Joseph Fund for the month of June 2003 amounting to $11,685.24 Gwitt, Thomas J. and respectfully request that checks be drawn to the order of Augustiniak, Christine the persons named herein for the amounts stated. Beavers, Marshall A. Adopted Brown, Che Ayes-2. Noes-0. Burts, Larry Lavell NO. 2 Davidson, Jack I transmit herewith the Pension Payroll for the Police Flax, Martin Pension Fund for the month of June 2003 amounting to Gern, Kimberly R. $11,240.00 and respectfully request that checks be drawn to Martin, Barry the order of the persons named herein for the amounts Morris, Armal stated Payne Jr. Ivory C. Adopted. Saunders, Lisa Ayes-2. Noes-0. Total: 19 NO. 3 ADOPTED On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. NO. 178 BY: Mr. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Leary, Barbara McDonnell, June Dimatteo, Denise Fahey, Christopher McCoy, Matthew Murphy, Kathryn Stribing, Jeffrey Stribing, Kimberly Genovese, Carrie Kaczmarz, Geraldine Kibby, Patricia Kosmowski, Karen