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HomeMy WebLinkAbout03-0610 No. 12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 10, 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 a CNC Machinist at Moog, Inc., a position he held from COMMON COUNCIL 1978-1995. CITY HALL - BUFFALO Mr. Overfield is being appointed to the vacancy created TUESDAY, JUNE 10, 2003 by the resignation of Daniel Granville. His term will AT 2:00 P.M. commence immediately and expire April 30, 2006. I hereby certify that the above named individual is fully PRESENT - James W. Pitts President of the qualified to serve on the Board of Heating Examiners. Council, and and Council Members Bonifacio, REFERRED TO THE COMMITTEE ON LEGISLATION, Coppola, Davis, Fisher, Fontana, Franczyk, THE CORPORATION COUNSEL AND THE DIVISION Golombek Grant, LoTempio, Martino, and OF COLLECTIONS Thompson - 12. FROM THE BOARD OF PARKING ABSENT – Gray . - 1 NO.3 ON A MOTION BY MRS. GRANT, SECONDED BY RESULTS OF BID MR.THOMPSON, THE MINUTES OF THE STATED AUD LOTS 1, 2 AND 3 MEETING HELD ON MAY 27, 2003 WERE This office has been notified that the Buffalo Sabres APPROVED. FROM THE MAYOR are not interested in the above stated lots this year (see FROM THE MAYOR - EXECUTIVE DEPARTMENT attached). The existing lease for the above mentioned parking lots has expired. The Board of Parking NO. 1 advertised for a new one year lease on March 3. 2003 APPOINTMENT AND RE-APPOINTMENT OF ). A public bid opening was held on March 26, 2003 at MEMBERS TO THE 11:00 a.m. in the office of the Board of Parking, 1801 BUFFALO ENVIRONMENTAL MANAGEMENT City Hall. The results are as follows: COMMISSION (Current Annual Rental is $15, 3 60) Pursuant to the powers vested in me by Section 18-51 At this time we would recommend a one (1) year lease of the Charter of the City of Buffalo, as amended, I be awarded to Standard Parking as the highest hereby appoint and re-appoint the following individuals responsible bidder in the amount of $30,000. as members of the Buffalo Environmental Management BIDDER ANNUAL RENTAL Commission: for a term commencing immediately and Standard Parking $30,000 will expire February 16, 2005. 125 Carlton Street Appointment Buffalo. NY 14203 John Kolaga 66 Berkley Place Pro Park LLC $25.620 Buffalo, 14209 465 Main Street - Suite 150 John Kolaga is an attorney with the firm of Jaeckle Buffalo, NY 14203 Fleischmann and Mugel. Mr. Kolaga earned a Bachelor Allright NY Parking of Arts degree from Canisius College in 1982. He 107 Delaware - Suite One earned his law degree from SUNY at Buffalo in 1985, Buffalo, NY 14202 $23,040 where he was a member of Law Review. From 1985 to REFERRED TO THE COMMITTEE ON FINANCE 1988 he was Confidential Law Clerk to Federal District Judge John T. Curtin. Mr. Kolaga brings a wealth of FROM THE OFFICE OF CITIZEN SERVICES experience in environmental and other matters to his service with the Commission and is well qualified to NO. 4 serve. MONTHLY REPORT FROM THE DIVISION Mr. Kolaga is being appointed to fill the vacancy Dear Members of the Buffalo Common Council: created by the resignation of Margery Miller. Attached is a monthly report for May 2003, that shows Re-Appointment seasonal increases in Housing Violations, Forestry, Dr. John E. Vena 118 Leonard Buffalo, 14215 Refrigerator and Garbage calls, as compared to the Cynthia A. Schwartz 833 Auburn Ave Buffalo, 14222 May 2002 report, which is attached. Bruce Coleman 135 Buffum Street Buffalo, 14210 When comparing May 2002 to May 2003, two I hereby certify that the above named individuals are categories stand out - Refrigerator requests and tote fully qualified for appointment to the Buffalo requests. Environmental Management Commission. Tote requests are significantly down from 2002, 1,361 REFERRED TO THE COMMITTEE ON LEGISLATION, to 243, however, refrigerator requests increased from CORPORATION COUNSEL AND DIVISION OF 120 to 244. Streets and Sanitation will be making COLLECTIONS additional pick ups to eliminate this back log. All other categories of complaints are consistent with NO. 2 May 2002. APPOINTMENT OF MEMBER As always, I hope that this information is helpful. TO THE BOARD OF HEATING EXAMINERS RECEIVED AND FILED Pursuant to the powers vested in me by Section 238-17, Article 11, Chapter 238 of the Buffalo Code, I FROM THE OFFICE OF STRATECIC PLANNING hereby appoint the following individual to serve as a member of the Board of Heating Examiners. NO. 5 APPOINTMENT: Mark Overfield AMENDED RESULTS OF NEGOTIATIONS 320 Fenton Street Buffalo, 14206 258 EAST FERRY, 80' W JEFFERSON Mr. Overfield is currently a Senior First Class Housing LOT SIZE: 87' X 129' Project Engineer with the Buffalo Municipal Housing ASSESSED VALUATION: $6,800 Authority. His previous employment includes serving as 268 EAST FERRY, 50' W JEFFERSON LOT SIZE: 30' X 89.53' E,28.06' R I am recommending that Your Honorable Body approve ASSESSED VALUATION: LAND the sale of 258, 268, 272 East Ferry and 1478 and 1,800 1482 Jefferson in the amount of Forty Thousand Dollars 272 EAST FERRY, WEST COR. JEFFERSON ($40,000) to Mr. Ahmed M. Ayash or entity to be formed LOT S- - ZE: 50' X 107' upon the above terms and conditions. I am further ASSESSED VALUATION: LAND 4,000 recommending that the Corporation Counsel prepare IMPROVEMENT 6,000 the necessary documents for the transfer of title and TOTAL 10,000 that the Mayor he authorized to execute the same. 1478 JEFFERSON, 107.23' N FERRY Mrs. LoTempio moved: LOT SIZE: 50' X 74' LANDThat the above communication from the Office of $3,700 Strategic Planning, Division of Real Estate, dated June IMPROVEMENT 16,300 4, 2003, be received and filed; and TOTAL 20,000 That the offer from Mr. Ahmed M. Ayash, residing at 1482 JEFFERSON, 157.23' N FERRY 1635 Genesee Street, in the sum of Forty Thousand LOT SIZE: 45' X 153' Dollars ($40,000.00) for the purchase of 258, 268, and ASSESSED VALUATION: LAND 272 East Ferry, 1478 and 1482 Jefferson, be and they $6,900 hereby are accepted; and ITEM # 4, C.C.P. 4/29/03 That the appraisal requested by the City of Buffalo shall ITEM #84, C.C.P. 5/27/03 be paid by the purchaser; and The Office of Strategic Planning, Division of Real That the transfer tax, recording fees and cost of legal Estate has received a request to acquire the above description shall be paid by the purchaser; and captioned properties from Mr. Ahmed M. Ayash, 1635 That the Corporation Counsel be authorized to prepare Genesee Street, Buffalo, New York 14211. Mr. Ayash the necessary documents for the transfer of title and intends to construct a combined neighborhood that the Mayor be authorized to execute the same, in convenience store/gas station facility. accordance with the terms of sale upon which the offer An independent appraisal of the property was was submitted. conducted by Arrow Appraisal Service, 40 Gardenville PASSED Parkway West, Buffalo, New York 14218. They have AYES - 12 NOES - 0 estimated the value of the properties to be Forty Nine Thousand Dollars ($49,000). The Appraisal Review NO. 6 Board, City of Buffalo, has reviewed the appraisal and OAK STREET REDEVELOPMENT PROJECT recommends the Forty Nine Thousand Dollar valuation. URBAN RENEWAL PLAN The above referenced item reported the results of PRIOR COUNCIL REFERENCE: (IF ANY) negotiations for MAY 5,1970, C.C.P. NO. 170 City-owned properties located at the northwest corner It is with pride and most hopeful expectations that we of Jefferson Avenue and present for review and consideration the Oak Street East Ferry Street. After further negotiation and Redevelopment Area Urban Renewal Plan" proposed discussion -with the District Councilmember and the amendments. developer, Mr. Ahmed Ayash, we have eliminated the The Oak Street Redevelopment Project Area was found lot to suffer from conditions of spreading slum and blight at 236 Eas7_ Ferry and the west twenty-five feet of 258 and was formally designated for urban renewal East Ferry and a 25' x 45' rear portion of 1482 Jefferson treatment by the Common Council of the City of Buffalo Avenue. We have on May 5, 1970, C.C.P. No. 170. further agreed to reduce the sale price of the remaining The Office of Strategic Planning, in cooperation with the parcels to $40,090. Buffalo Urban Renewal Agency, proposes to establish a The result of our negotiations are that Mr. Ahmed M. long-term renewal program for the revitalization of the Ayash or entity to be formed has agreed and is Oak Street Redevelopment Project Area. This program prepared to purchase the five (5) properties for forty will assist in the elimination of existing signs of blight, thousand dollars ($40,000). He has also agreed to slums, and substandard conditions within the project prepare and file plans and obtain all necessary permits area. The plan features the establishment of a new and approvals for the construction of a convenience low-impact light-industrial Business Park, as well as an store/gas station upon the approval of the purchase inspection and concentrated code enforcement price by the Common Council. The cost of the program for all commercial, industrial and other appraisal, transfer tax, recording fees, legal non-residential properties within the project area- descriptions, search and surveys are to, be paid for by The City Planning Board has approved the Urban the purchaser. Renewal Plan amendments, after conducting a public The City of Buffalo will perform the petroleum hearing as required by General Municipal Law, and the remediation work in accordance with the purchase Board's "Report and Recommendations" relative to the agreement signed between the City and the buyer Plan appears on the Common Council agenda of June dated April 16, 2003. In exchange for the City of Buffalo 24, 2003. performing Petroleum, subsurface remediation and in The Office of Strategic Planning, therefore, consideration of the negotiated purchase price, the recommends your approval and adoption of the Plan purchaser agrees to release the City of Buffalo from and respectfully requests that you authorize the City any and all claims and liabilities in accordance with said Clerk to advertise a Notice of Public Hearing and that agreement. your Honorable Body schedule a Public Hearing for the The Office of Strategic Planning and the Division of Plan to be held on June 24, 2003. We have attached for Collections have no objections to the sale. There are no your consideration and approval an appropriate draft outstanding taxes, code violations, or other liens owed Notice of Public Hearing and a draft Resolution to the City of Buffalo by the purchaser. scheduling the hearing. REFERRED TO THE COMMITTEE ON COMMUNITY ($1,000), thirty one cents (.31) per square foot, for the DEVELOPMENT subject property. H of the transfer tax, recording fees and cost of the legal description. NO. 7 He has also agreed to pay for the cost PERMISSION TO FILE GRANT APPLICATION FOR I am recommending that Your Honorable Body approve FUNDS FROM THE NYS OFFICE OF PARKS, the sale of 569 Clinton Street to Mr. Manuel Slaughter, RECREATION AND HISTORIC PRESERVATION: Jr. in the amount of One Thousand Dollars ($1,000). 1 DELAWARE-ASBURY CHURCH am further recommending that the Corporation Counsel The City of Buffalo is intending to submit a Historic prepare the necessary documents for the transfer of Preservation grant application for new window title and that the Mayor be authorized to execute the installations as well as the cleaning and repairing of the same. existing windows at the Delaware-Asbury Church under Mrs. LoTempio Moved: 'that the offer from Mr. Manuel New York State's Environmental Protection Fund Slaughter Jr at 573 Clinton St, in the sum of One (EPF). Thousand Dollars k $1,000) for the purchase of 569 Common Council permission is required to authorize Clinton St. be and hereby is accepted, and 'that the and direct Mayor Masiello to file an application for funds appraisal requested by the City shall be paid by the from the New York State Office of Parks, Recreation purchaser, and 'that the Corporation Counsel be and Historic Preservation in accordance with the authorized to prepare the necessary documents for the provisions of Title 9 of the Environmental Protection Act transfer of title and that the Mayor be authorized to of 1993, in an amount not to exceed $350,000. Upon execute the same in accordance with the terms of sale approval of said request, the Mayor will then enter into upon which the offer was submitted. and execute a project agreement with the State for PASSED such financial assistance to the City of Buffalo for the AYES -12 NOES 0 restoration and rehabilitation of the windows on the exterior at the Delaware Asbury Church. NO. 9 This is a reimbursable grant, which requires the City of RESULTS OF NEGOTIATIONS 399 LOUISIANA,S Buffalo to match State funds awarded at a ratio of COR. FULTON VACANT LOT: 71' X 330' ASSESSED one-to-one or higher. The match for this project has VALUATION: $6,300. already been identified through the use of $350,000 in The Office of Strategic Planning, Division of Real private developer equity. Through the actions taken by Estate has received a request to purchase 399 this Honorable Body (Item No. 112-C.C.P.April 29, Louisiana Street from Old First Ward Group, Inc., 295 2003) the City of Buffalo retains a fagade easement to Main Street, Suite 210 Buffalo, New York 14203, the Delaware-Asbury Church. represented by Ms. Danielle M. Jacobs. Old First Ward If you have any questions regarding this project, please Group Inc. intends to use the property for expansion of contact Bonnie Kane Lockwood (851-5468) or John the existing retail plaza, which is adjacent to the subject Riccione (851-4182). parcel. Mrs. LoTempio moved: The Division of Permit and Inspection Services and the That the above communication from the Department of Division of Collections have no objections to the sale. Strategic Planning dated June 5, 2003 be received and There are no building code violations, taxes or other filed; and liens owed to the City of Buffalo by the purchaser. That the Mayor be, and he hereby is authorized and The Division of Real Estate has received a Real Estate directed to file an application for funds from the New Appraisal of the property conducted by GAR York State Office of Parks, Recreation and Historic Associates. They have estimated the Fair Market Value Preservation, in an amount not to exceed $350,000 for to be six thousand six hundred dollars ($6,600). The the restoration and rehabilitation of the windows on the Appraisal Review Board has reviewed the appraisal exterior at the Delaware Asbury Church. and recommends the $6,600 appraised value. PASSED The results of our negotiations are that old First Ward AYES - 12 NOES - 0 Group, Inc. has agreed and is prepared to pay six thousand six hundred dollars ($6,600), twenty-eight NO. 8 cents (.28) per square foot, for the subject property. RESULTS OF NEGOTIATIONS They have also agreed to pay for the cost of the 569 CLINTON, 46.50' W MADISON transfer tax, recording fees and cost of the legal LOT SIZE: 28' X 112' description. The Office of Strategic Planning, Division of Real I am recommending that Your Honorable Body approve Estate, has received a request to purchase 569 Clinton the sale of 399 Louisiana Street to old First Ward Street from Mr. Manuel Slaughter, Jr., 573 Clinton Group, Inc. in the amount of six thousand six hundred Street, Buffalo, New York 14210. Mr. Slaughter owns a dollars ($6,600). 1 am further recommending that the one family home at 573 Clinton, which is adjoining to Corporation Counsel prepare the necessary documents 569 Clinton Street. He intends to use the property for for the transfer of title and that the Mayor be authorized extra yard space. to execute the same. The Division of Permit and Inspection Services and the REFERRED TO THE COMMITTEE ON FINANCE Division of Collections have no objections to the sale. There are no building code violations, taxes or other NO. 10 liens owed to the City by the, purchaser. RESULTS OF NEGOTIATIONS The Division of Real Estate has investigated the sale of 39 ST. JOHN'S PLACE,110' NE similar residential vacant lot properties in the subject ORTON PLACE area. Sales prices range from twenty cents (.20) to fifty VACANT LOT: 59' X 153', (.50), per square foot. W/A/P 26'X 301 IN REAR The result of our negotiations are that Mr. Man,LP1 ASSESSED VALUATION:$12,100. Slaughter, Jr. is prepared to pay one thousand dollars The office of Strategic Planning, Division of Real That the offer from Mr. Thomas J. Kelley, Buffalo Estate has received a request to purchase 39 St. Restoration Inc., 286 Starin Avenue, in the sum of John's Place from Mr. Timothy H. Wilkinson, 33 St. Seven Hundred Dollars ($700.00) for the purchase of John's Place, Buffalo, New York 14201. Mr. Wilkinson 17 Storz Avenue, be and hereby is accepted; and owns a one family home at 33 St. John's Place, which That the appraisal requested by the City of Buffalo shall is adjoining to 39 St. John's Place. He intends to use be paid by the purchaser; and the subject property for additional yard space. That the transfer tax, recording fees and cost of legal The Division of Permit and Inspection Services and the description shall be paid by the purchaser; and Division of Collections have no objections to the sale. That the Corporation Counsel be authorized to prepare There are no building code violations, taxes or other the necessary documents for the transfer of title and liens owed to the City of Buffalo by the purchaser. that the Mayor be authorized to execute the same, in The Division of Real Estate has investigated the sale of accordance with the terms of sale upon which the offer similar residential vacant lot properties in the subject was submitted. area. Sales prices range from fifty cents (.50) to one PASSED dollar and fifty cents ($1.50), per square foot. AYES - 12 NOES - 0 The results of our negotiations are that Mr. Timothy Wilkinson has agreed and is prepared to pay ten NO. 12 thousand dollars ($10,000), one dollar and ten cents SAINT JOHN BAPTIST CHURCH ($1.10) per square foot, for the subject property. He has REQUEST TO USE CITY-OWNED LOTS also agreed to pay for the cost of the transfer tax, 1412 JEFFERSON, S. COR. WOODLAWN recording fees and cost of the legal description. LOT SIZE: 96' X 100' I am recommending that Your Honorable Body approve 1424 JEFFERSON, S. COR. WOODLAWN the sale of 39 St. John's Place to Mr. Timothy H. LOT SIZE: 63' X 100' Wilkinson in the amount of ten thousand dollars The Office of Strategic Planning, Division of Real ($10,000). 1 am further recommending that the Estate, has received a request from Rev. Michael Corporation Counsel prepare the necessary documents Chapman. of Saint John Baptist Church, 184 Goodell for the transfer of title and that the Mayor be authorized Street, Buffalo, New York 14204 to use the City-owned to execute the same. vacant lots at 1412 and 1424 Jefferson Avenue. The REFERRED TO THE COMMITTEE ON FINANCE purpose is to hold religious revival meetings on the following dates: NO. 11 Tuesday July 15, 2003 RESULTS OF NEGOTIATIONS Wednesday July 16, 2003 17 STORZ, 145.71 N UTICA Thursday July 16, 2003, LOT SIZE: 32' X 100' Tuesday August 19, 2003 ASSESSED VAIUATION: $1,900 Wednesday August 20, 2003 The Office of Strategic Planning, Division of Real Thursday August 21, 2003 Estate, has received a request- to purchase 17 Starz Saint John Baptist Church has agreed to clean the lot Avenue from Mr. Thomas J. Kelley, Buffalo before and after the event and has provided proof of Restoration Inc., 286 Starin Avenue, Buffalo, New York liability insurance coverage in the amount of 14216. Mr. Kelley owns three residential homes at 19, $1,000,000, holding the City of Buffalo harmless from 21, and 25 Storz Avenue, which are adjoining to 17 any accident or injury, which may result from their use Storz Avenue. He intends to use the property for extra of the properties. yard space. I am recommending that Your Honorable Body approve The Division of Permit and Inspection Services and the the request of St. John Baptist Church to use 1412 and Division of Collections have no objections to the sale. 1424 Jefferson Avenue upon the above terms and There are no building code violations, taxes or other conditions. liens owed to the City by the purchaser. Mrs. LoTempio moved: The Division of Real Estate has investigated the sale of That the above communication from the Office of similar resIdential vacant lot properties in the subject Strategic Planning, Division of Real Estate, dated June area. Sales prices range from fifteen cents (.15) to forty 4, 2003, be received and filed; and (.40), -per square foot. That Rev. Michael Chapman of Saint John Baptist The results of our negotiations are that Buffalo Church, 184 Goodell Street is hereby authorized to use Restoration Inc. is 1412 and 1424 Jefferson Avenue for religious revival prepared to pay seven hundred dollars ($700), meetings upon the terms and conditions listed in the twenty-two cents (.22) per square foot, for the subject above communication. property. Buffalo Restoration, Inc. has also agreed to PASSED Day for the cost of the transfer tax, recording fees and AYES - 12 NOES - 0 cost of the legal description. I am recommending that Your Honorable Body approve NO. 13 the sale of 17 Storz Avenue to Buffalo Restoration Inc. CENTRAL PRESBYTERIAN CHURCH in the amount of seven hundred dollars ($700). 1 am REQUEST TO USE CITY-OWNED LOT further recommending that the Corporation Counsel 221,~ FILLMORE N. COR. JEWETT prepare the necessary documents for the transfer of LOT SIZE: 48' X 120' title and that the Mayor be authorized to execute the The Office of Strategic Planning, Division of Real same. Estate, has received a request from Pastor Stephen H. Mrs. LoTempio moved: Phelps of Central Presbyterian Church, 5 Jewett That the above communication from the Office of Parkway, Buffalo, New York 14214 to use the Strategic Planning, Division of Real Estate, dated June City-owned vacant lot at 2214 Fillmore Avenue. The 4, 2003, be received and filed; and purpose is to hold Bible study and prayer services open to the public beginning on each Wednesday in June (CITY OWNED-VACANT LOT, 64'X 2003 through October 1, 2003. 83.06'S/L DEPTH) Central Presbyterian Church has agreed to clean the lot The Office of Strategic Planning, Division of Real before and after their use and have provided proof of Estate has surveyed the city-owned vacant lot at 26 liability insurance coverage in the amount of Schutrum Street, Buffalo, New York 14212, parcel is $1,000,000, holding the City of Buffalo harmless from 64'x 83.06'S/L Depth in dimension; and it has been any accident or injury, which may result from them' use determined that this parcel is inappropriate for either of the property. the construction of new housing or needed for public I am recommending that Your Honorable Body approve purposes. the request of Central Presbyterian Church to use 2214 Ms. Peggy Mason (Carthon), residing at 30 Schutrum Fillmore Avenue upon the above terms and conditions. Street indicated that she will clean, improve and Mrs. LoTEmpio moved maintain the lot in the event that she obtains title to the That the above communication from the Office of property under the Urban Homestead Program. Strategic Planning, Division of Real Estate, dated June The Division of Permits and Inspection Services and 4, 2003, be received and filed; and the Division of Collections have been contacted. There That Pastor Stephen H. Phelps of Central Presbyterian are no property code violations, taxes or liens owed to Church, 15 Jewett Parkway is hereby authorized to use the City of Buffalo by the homesteader. 2214 Fillmore Avenue to hold Bible study and prayer We, therefore, recommend that the city-owned vacant services upon the above terms and conditions listed in lot be designated as a Homestead Property and be the above communication. transferred to Ms. Peggy Mason (Carthon), on the PASSED condition that the property is cleaned and improved AYES - 12 NOES – 0 within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: NO. 14 That the above communication from the Office of TRANSFER OF TITLE, URBAN HOMESTEAD Strategic Planning dated June 4, 2003, be received and PROGRAM filed; and 3 BUTLER STREET, BUFFALO, NEW YORK 14208 That the city-owned property commonly known as 26 (CITY OWNED-VACANT LOT, 38X 105') Schutrum Street, is hereby designated as Homestead The Office of Strategic Planning, Division of Real Property, and that the Mayor be, and he hereby is Estate has surveyed the city-owned vacant lot at 3 authorized to execute a deed transferring said property Butler Street, Buffalo, New York 14208, parcel is 38'x to Ms. Peggy Mason (Carthon), residing at 30 Schutrum 105' in dimension; and it has been determined that this Street, for the amount of One Dollar ($1.00) and no parcel is inappropriate for either the construction of new more, and all costs of transfer, on the condition the housing or needed for public purposes. property is cleared and improved within six (6) months Ms. Colleen D. Smith, residing at 5 Butler Street, and maintained in a sanitary manner. Buffalo, New York 14208 indicated that she will clean, PASSED improve and maintain the lot in the event that she AYES - 12 NOES – 0 obtains title to the property under the Urban Homestead Program. FROM THE COMPTROLLER The Division of Permits and Inspection Services and the Division of Collections have been contacted. There No. 16 are no property code violations, taxes or liens owed to Additional Information on Federal Financial the City of Buffalo by the homesteader. Assistance We, therefore, recommend that the city-owned vacant This is to advise that a copy of the single audit of lot be designated as a Homestead Property and be Federal, state and local financial assistance programs transferred to Ms. Colleen D. Smith, on the condition received by the City of Buffalo for the fiscal year ending that the property is cleaned and improved within (6) June 30, 2002 has been delivered to each months and maintained in a sanitary manner. Councilmember, the Common Council Chief of Staff, Mrs. LoTempio moved the City Clerk, the Mayor and the Budget Office. That the above communication from the Office of Pursuant to amendments of Section 35 of the General Strategic Planning dated June 4, 2003, be received and Municipal Law, which took effect January 1, 1989, Your filed; and Honorable Body may, in its discretion, provide to the That the city-owned property commonly known as 3 State Comptroller and file with the City Clerk a written Butler Street, is hereby designated as Homestead response to the findings and recommendations in this Property, and that the Mayor be, and he hereby is report no later than ninety days after its receipt, or authorized to execute a deed transferring said property September 2, 2003. to Ms. Colleen D. Smith, residing at 5 Butler Street, for REFERRED TO THE COMMITTEE ON FINANCE AND the amount of One Dollar ($ 1.00) and no more, and all THE COMMISSIONER OF ADMINISTRATION AND costs of transfer, on the condition the property is FINANCE cleared and improved within six (6) months and maintained in a sanitary manner. No. 17 PASSED Certificate of Necessity AYES - 12 NOES - 0 Increased Appropriation Department of Police NO. 15 We, Anthony M. Masiello, Mayor and Andrew A. TRANSFER OF TITLE, URBAN HOMESTEAD SanFilippo, Deputy Comptroller, do hereby certify PROGRAM pursuant to &20-11 of the Charter, that an increase in 26 SCHUTRUM STREET, BUFFALON, the sum of $10,000 in the estimate for the fiscal year NEW YORK 14212 beginning July 1, 2002 is necessary in Appropriation Allotments for the Department of Police - Fleet Maintenance Vehicle Body Repair, to meet a South Elmwood Avenue, east side between W. Eagle contingency which could not have been reasonably Street and Perkins Drive foreseen when the budget was adopted. The amount of PERIOD OF PERMISSIVE PARKING - DAILY increased appropriation will be met from an increase of 1 Hour Parking $10,000 in the General City Revenue account Org & 7:00 am to 7:00 pm Obj # 10700030 - 379002 - Insurance Recovery not Except Sunday otherwise appropriated for any other purpose. The This action is being taken in conjunction with the details of the requirements are set forth below: Downtown Buffalo Parking Infrastructure Task Force To: 12022006 - 443302 – study to provide more user friendly on-street parking in Police Fleet Maintenance Vehicle Body Repair Downtown Buffalo. $ 10,000 Notification Serial # 9647 Install Metered Parking RECEIVED AND FILED on Elmwood Avenue, east side between West Eagle Street NO. 18 and Perkins Drive Certificate of Appointment (excluding existing No Parking Appointment Effective: June 4, 2003 in the and No Standing areas) Department of Audit and Control Division of Accounting PERMISSIVE PARKING - INSTALL to the Position of Senior Accountant Permanent In conformity with Section 49 of Chapter 479 of the Appointment at the: Intermediate Starting Salary of $ Ordinances of the City of Buffalo, the City Engineer 39,563 hereby notifies Your Honorable Body of this action Claudia M. Zona-Panczyk 58 Cochrane St Bflo NY 14206 supplementing, amending, or repealing existing REFERRED TO THE COMMITTEE ON CIVIL provisions of Chapter 479 of the Ordinances, as stated SERVICE below, to be effective forty five days after the first Council meeting at which they appear on the agenda as NO. 19 an item business. Certificate of Appointment That part of Subdivision 29 Section 15 of Chapter 479 Appointment Effective: June 4, 2003 In the Department of Ordinances of the City of Buffalo be supplemented of: Audit and Control Division of: Audit to the Position by adding thereto the following: METERED PARKING of: Senior Auditor Permanent Appointment at the: Metered Parking Locations Intermediate Starting Salary of: $ 38,385 Elmwood Avenue, east side between West Eagle Street James Messina 81 Fargo St Buffalo, NY 14201 and Perkins Drive (excluding existing No Parking and REFERRED TO THE COMMITTEE ON CIVIL No Standing areas) SERVICE Period of Metered Parking 2 Hour Parking No. 20 8:00 am to 5:00 pin Certificate of Appointment Monday – Friday Appointment Effective: June 4, 2003 In the Department Rate of Metered Parking of: Audit and Control Division of: Investments & Cash Rate C Management to the Position of: Senior Auditor $ 1.00 per hour Permanent Appointment at the: Intermediate 2 hour maximum Starting Salary of: $ 39,563 This action is being taken in conjunction with the Marian LaMacchia 290 Woodside Ave. Buffalo, NY Downtown Buffalo Parking Infrastructure Task Force 14220 study to provide more user friendly on-street parking in REFERRED TO THE COMMITTEE ON CIVIL Downtown Buffalo. SERVICE Notification Serial # 9648 Permissive Parking - Repeal FROM THE COMMISSIONER OF PUBLIC WORKS. on Elmwood Avenue, east side PARKS AND STREETS between W. Chippewa Street and S. Johnson Park No. 21 PERMISSIVE PARKING - REPEAL Notification Serial # 9646 In conformity with Section 49 of Chapter 479 of the Permissive Parking - Repeal Ordinances of the City of Buffalo, the City Engineer on South Elmwood Avenue, east side hereby notifies Your Honorable Body of this action between W. Eagle Street supplementing, amending, or repealing existing and Perkins Drive provisions of Chapter 479 of the Ordinances, as stated PERMISIVE PARKIG - REPEAL below, to be effective forty five days after the first In conformity with Section 49 of Chapter 479 Council meeting at which they appear on the agenda as of the Ordinances of the City of Buffalo, the City an item business. Engineer hereby notifies Your Honorable Body of this That part of Subdivision 25 Section 15 of Chapter 479 action supplementing, amending, or repealing existing of Ordinances of the City of Buffalo be supplemented provisions of Chapter 479 of the Ordinances, as stated by repealing therefrom the following: PERMISSIVE below, to be effective forty five days after the first PARKING Council meeting at which they appear on the agenda as PERMISSIVE PARKING LOCATION an item business. Elmwood Avenue, east side between W. Chippewa That part of Subdivision 25 Section 15 of Chapter 479 Street and S. Johnson Park of Ordinances of the City of Buffalo be supplemented PERIOD OF PERMISSIVE PARKING - DAILY by repealing therefrom the following: PERMISSIVE 2 Hour Parking PARKING 7:00 am to 6:00 pm PERMISSIVE PARKING LOCATION Except Sunday This action is being taken in conjunction with the between S. Johnson Park Downtown Buffalo Parking Infrastructure Task Force and N. Johnson Park study to provide more user friendly on-street parking in (excluding existing No Parking Downtown Buffalo. and No Standing areas) Notification Serial # 9649 PERMISSIVE PARKING - INSTALL Install Metered Parking In conformity with Section 49 of Chapter 479 of the on Elmwood Avenue, east side Ordinances of the City of Buffalo, the City Engineer between W. Chippewa Street hereby notifies Your Honorable Body of this action and S. Johnson Park supplementing, amending, or repealing existing (excluding existing No Parking provisions of Chapter 479 of the Ordinances, as stated and No Standing areas) below, to be effective forty five days after the first PERMISSIVE PARKING - INSTALL Council meeting at which they appear on the agenda as In conformity with Section 49 of Chapter 479 of the an item business. Ordinances of the City of Buffalo, the City Engineer That part of Subdivision 29 Section 15 of Chapter 479 hereby notifies Your Honorable Body of this action of Ordinances of the City of Buffalo be supplemented supplementing, amending, or repealing existing by adding thereto the following: METERED PARKING provisions of Chapter 479 of the Ordinances, as stated Metered Parking Locations below, to be effective forty five days after the first Elmwood Avenue, east side between S. Johnson Park Council meeting at which they appear on the agenda as and N. Johnson Park (excluding existing No Parking an item business. and No Standing areas) That part of Subdivision 29 Section 15 of Chapter 479 Period of Metered Parking of Ordinances of the City of Buffalo be supplemented 8 Hour Parking by adding thereto the following: METERED PARKING 9:00 am to 5:00 pm. Metered Parking Locations Monday - Friday Elmwood Avenue, east side between W. Chippewa Rate of Metered Parking Street and S. Johnson Park (excluding existing No Rate D Parking and No Standing areas) $2.00 per day Period of Metered Parking, This action is being taken in conjunction with the 8 Hour Parking Downtown Buffalo Parking Infrastructure Task Force 9:00 am to 5:00 pin study to provide more user friendly on-street parking in Monday - Friday Downtown Buffalo. Rate of Metered Parking Notification Serial # 9652 Rate D Permissive Parking - Repeal $2.00 per day on Elmwood Avenue, east side This action is being taken in conjunction with the between N. Johnson Park Downtown Buffalo Parking Infrastructure Task Force and Tracy Street study to provide more user friendly on-street parking in PERMISSIVE PARKING - REPEAL Downtown Buffalo. In conformity with Section 49 of Chapter 479 of the Notification Serial # 9650 Ordinances of the City of Buffalo, the City Engineer Permissive Parking - Repeal hereby notifies Your Honorable Body of this action on Elmwood Avenue, east side supplementing, amending, or repealing existing between S. Johnson Park provisions of Chapter 479 of the Ordinances, as stated and N. Johnson Park below, to be effective forty five days after the first PERMISSIVE PARKING - REPEAL Council meeting at which they appear on the agenda as In conformity with Section 49 of Chapter 479 of the an item business. Ordinances of the City of Buffalo, the City Engineer That part of Subdivision 25 Section 15 of Chapter 479 hereby notifies Your Honorable Body of this action of Ordinances of the City of Buffalo be supplemented supplementing, amending, or repealing existing by repealing therefrom the following: PERMISSIVE provisions of Chapter 479 of the Ordinances, as stated PARKING below, to be effective forty five days after the first PERMISSIVE PARKING LOCATION Council meeting at which they appear on the agenda as Elmwood Avenue, east side between N. Johnson Park an item business. and Tracy Street That part of Subdivision 25 Section 15 of Chapter 479 PERIOD OF PERMISSIVE PARKING - DAILY of Ordinances of the City of Buffalo be supplemented 2 Hour Parking by repealing therefrom the following: PERMISSIVE 7: 00 am to 7:00 pm PARKING Except Sunday PERMISSIVE PARKING LOCATION This action is being taken in conjunction with the Elmwood Avenue, east side between S. Johnson Park Downtown Buffalo Parking Infrastructure Task Force and N. Johnson Park study to provide more user friendly on-street parking in PERIOD OF PERMISSIVE PARKING - DAILY Downtown Buffalo. 2 Hour Parking Notification Serial # 9653 7:00 am to 6:00 pm Install Metered Parking Except Sunday on Elmwood Avenue, east side This action is being taken in conjunction with the between N. Johnson Park Downtown Buffalo Parking Infrastructure Task Force and Tracy Street study to provide more user friendly on-street parking in (excluding existing No Parking Downtown Buffalo. and No Standing areas) Notification Serial # 9651 PERMISSIVE PARKING - INSTALL Install Metered Parking In conformity with Section 49 of Chapter 479 of the on Elmwood Avenue, east side Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action by repealing therefrom the following: PERMISSIVE supplementing, amending, or repealing existing PARKING provisions of Chapter 479 of the Ordinances, as stated PERMISSIVE PARKING LOCATION below, to be effective forty five days after the first Elmwood Avenue, east side between W. Tupper Street Council meeting at which they appear on the agenda as and Trinity Place an item business. PERIOD OF PERMISSIVE PARKING - DAILY That part of Subdivision 29 Section 15 of Chapter 479 2 Hour Parking of Ordinances of the City of Buffalo be supplemented 7: 00 am to 7: 00 pm by adding thereto the following: METERED PARKING Except Sunday Metered Parking Locations This action is being taken in conjunction with the Elmwood Avenue, east side between N. Johnson Park Downtown Buffalo Parking Infrastructure Task Force and Tracy Street (excluding existing No Parking and No study to provide more user friendly on-street parking in Standing areas) Downtown Buffalo. Period of Metered Parking Notification Serial # 9656 8 Hour Parking Permissive Parking - Repeal 9:00 am to 5:00 pin on Elmwood Avenue, east side Monday - Friday between Trinity Place Rate of Metered Parking and Edward Street Rate D PERMISSIVE PARKING - REPEAL $2.00 per day In conformity with Section 49 of Chapter 479 of the This action is being taken in conjunction with the Ordinances of the City of Buffalo, the City Engineer Downtown Buffalo Parking Infrastructure Task Force hereby notifies Your Honorable Body of this action study to provide more user friendly on-street parking in supplementing, amending, or repealing existing Downtown Buffalo. provisions of Chapter 479 of the Ordinances, as stated Notification Serial # 9654 below, to be effective forty five days after the first Permissive Parking - Repeal Council meeting at which they appear on the agenda as on Elmwood Avenue, east side an item business. between Tracy Street That part of Subdivision 25 Section 15 of Chapter 479 and W. Tupper Street of Ordinances of the City of Buffalo be supplemented PERMISSIVE PARKING - REPEAL by repealing therefrom the following: PERMISSIVE In conformity with Section 49 of Chapter 479 of the PARKING Ordinances of the City of Buffalo, the City Engineer PERMISSIVE PARKING LOCATION hereby notifies Your Honorable Body of this action Elmwood Avenue, east side between Trinity Place and supplementing, amending, or repealing existing Edward Street provisions of Chapter 479 of the Ordinances, as stated PERIOD OF PERMISSIVE PARKING - DAILY below, to be effective forty five days after the first 2 Hour Parking Council meeting at which they appear on the agenda as 7: 00 am to 6: 00 pm an item business. Except Sunday That part of Subdivision 25 Section 15 of Chapter 479 This action is being taken in conjunction with the of Ordinances of the City of Buffalo be supplemented Downtown Buffalo Parking Infrastructure Task Force by repealing therefrom the following: PERMISSIVE study to provide more user friendly on-street parking in PARKING Downtown Buffalo. PERMISSIVE PARKING LOCATION Notification Serial # 9657 Elmwood Avenue, east side between Tracy Street and Permissive Parking - Repeal W. Tupper Street on Elmwood Avenue, west side PERIOD OF PERMISSIVE PARKING – DAILY between Edward Street 2 Hour Parking and W. Tupper Street 7:00 am to 6:00 pm PERMISSIVE PARKING - REPEAL Except Sunday Inconformity with Section 49 of Chapter 479 This action is being taken in conjunction with the of the Ordinances of the City of Buffalo, the City Downtown Buffalo Parking Infrastructure Task Force Engineer hereby notifies Your Honorable Body of this study to provide more user friendly on-street parking in action supplementing, amending, or repealing Downtown Buffalo. existing provisions of Chapter 479 of the Ordinances, Notification Serial # 9655 as stated below, to be effective forty five days after Permissive Parking - Repeal the first Council meeting at which they appear on the on Elmwood Avenue, east side agenda as an item business. between W. Tupper Street That part of Subdivision 25 Section 15 of Chapter 479 and Trinity Place of Ordinances of the City of Buffalo be supplemented PERMISSIVE PARKING - REPEAL by repealing there from the following: PERMISSIVE In conformity with Section 49 of Chapter 479 of the PARKING Ordinances of the City of Buffalo, the City Engineer PERMISSIVE PARKING LOCATION hereby notifies Your Honorable Body of this action Elmwood Avenue, west side between Edward Street supplementing, amending, or repealing existing and W. Tupper Street provisions of Chapter 479 of the Ordinances, as PERIOD OF PERMISSIVE PARKING - DAILY stated below, to be effective forty five days after the 2 Hour Parking first Council meeting at which they appear on the 7:00 am to 6:00 pm agenda as an item business. Except Sunday That part of Subdivision 25 Section 15 of Chapter 479 This action is being taken in conjunction with the of Ordinances of the City of Buffalo be supplemented Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on-street parking in PERMISSIVE PARKING - REPEAL Downtown Buffalo. In conformity with Section 49 of Chapter 479 of the Notification Serial # 9658 Ordinances of the City of Buffalo, the City Engineer Permissive Parking - Repeal hereby notifies Your Honorable Body of this action on Elmwood Avenue, west side supplementing, amending, or repealing existing between Tracy Street provisions of Chapter 479 of the Ordinances, as stated and N. Johnson Park below, to be effective forty five days after the first PERMISSIVE PARKING - REPEAL Council meeting at which they appear on the agenda as In conformity with Section 49 of Chapter 479 of the an item business. Ordinances of the City of Buffalo, the City Engineer That part of Subdivision 25 Section 15 of Chapter 479 hereby notifies Your Honorable Body of this action of Ordinances of the City of Buffalo be supplemented supplementing, amending, or repealing existing by repealing therefrom the following: PERMISSIVE provisions of Chapter 479 of the Ordinances, as stated PARKING below, to be effective forty five days after the first PERMISSIVE PARKING LOCATION Council meeting at which they appear on the agenda as Elmwood Avenue, west side between W. Chippewa an item business. Street and Cary Street That part of Subdivision 25 Section 15 of Chapter 479 PERIOD OF PERMISSIVE PARKING - DAILY of Ordinances of the City of Buffalo be supplemented 2 Hour Parking by repealing therefrom the following: PERMISSIVE 7:00 am to 7:00 pm PARKING Except Sunday PERMISSIVE PARKING LOCATION This action is being taken in conjunction with the Elmwood Avenue, west side between Tracy Street and Downtown Buffalo Parking Infrastructure Task Force N. Johnson Park study to provide more user friendly on-street parking in PERIOD OF PERMISSIVE PARKING - DAILY Downtown Buffalo. 2 Hour Parking Notification Serial # 9661 7:00 am to 6:00 pm Install Metered Parking Except Sunday on Elmwood Avenue, west side This action is being taken in conjunction with the between West Chippewa Street Downtown Buffalo Parking Infrastructure Task Force and Cary Street study to provide more user friendly on-street parking in (excluding existing No Parking Downtown Buffalo. and No Standing areas) Notification Serial # 9659 PERMISSIVE PARKING - INSTALL Install Metered Parking In conformity with Section 49 of Chapter 479 of the on Elmwood Avenue, west side Ordinances of the City of Buffalo, the City Engineer between Tracy Street hereby notifies Your Honorable Body of this action and N. Johnson Park supplementing, amending, or repealing existing (excluding existing No Parking provisions of Chapter 479 of the Ordinances, as stated and No Standing areas) below, to be effective forty five days after the first PERMISSIVE PARKING - INSTALL Council meeting at which they appear on the agenda as In conformity with Section 49 of Chapter 479 of the an item business. Ordinances of the City of Buffalo, the City Engineer That part of Subdivision 29 Section 15 of Chapter 479 hereby notifies Your Honorable Body of this action of Ordinances of the City of Buffalo be supplemented supplementing, amending, or repealing existing by adding thereto the following: METERED PARKING provisions of Chapter 479 of the Ordinances, as stated Metered Parking Locations below, to be effective forty five days after the first Elmwood Avenue, west side between West Chippewa Council meeting at which they appear on the agenda as Street and Cary Street (excluding existing No Parking an item business. and No Standing areas) That part of Subdivision 29 Section 15 of Chapter 479 Period of Metered Parking_ of Ordinances of the City of Buffalo be supplemented 2 Hour Parking by adding thereto the following: METERED PARKING 8:00 am to 5:00 pin Metered Parking Locations Monday - Friday Elmwood Avenue, west side between Tracy Street and Rate of Metered Parking N. Johnson Park (excluding existing No Parking and No Rate C Standing areas) $ 1.00 per hour Period of Metered Parking 2 hour maximum 8 Hour Parking This action is being taken in conjunction with the 9:00 am to 5:00 pm Downtown Buffalo Parking Infrastructure Task Force Monday - Friday study to provide more user friendly on-street parking in Rate of Metered Parking, Downtown Buffalo. Rate D Notification Serial # 9662 $2.00 per day Permissive Parking - Repeal This action is being taken in conjunction with the on Elmwood Avenue, west side Downtown Buffalo Parking Infrastructure Task Force between Cary Street study to provide more user friendly on-street parking in and W. Huron Street Downtown Buffalo. PERMISSIVE PARKING - REPEAL Notification Serial # 9660 In conformity with Section 49 of Chapter 479 of the Permissive Parking - Repeal Ordinances of the City of Buffalo, the City Engineer on Elmwood Avenue, west side hereby notifies Your Honorable Body of this action between West Chippewa Street supplementing, amending, or repealing existing and Cary Street provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first by repealing therefrom the following: PERMISSIVE Council meeting at which they appear on the agenda as PARKING an item business. PERMISSIVE PARKING LOCATION That part of Subdivision 25 Section 15 of Chapter 479 Elmwood Avenue, west side between W. Huron Street of Ordinances of the City of Buffalo be supplemented and W. Mohawk Street by repealing therefrom the following: PERMISSIVE PERIOD OF PERMISSIVE PARKING - DAILY PARKING 2 Hour Parking PERMISSIVE PARKING LOCATION 7:00 am to 7:00 pm Elmwood Avenue, west side between Cary Street and Except Sunday W. Huron Street This action is being taken in conjunction with the PERIOD OF PERMISSIVE PARKING - DAILY Downtown Buffalo Parking Infrastructure Task Force 2 Hour Parking study to provide more user friendly on-street parking in 7:00 am to 7:00 pm Downtown Buffalo. Except Sunday Notification Serial # 9665 This action is being taken in conjunction with the Install Metered Parking Downtown Buffalo Parking Infrastructure Task Force on Elmwood Avenue, west side study to provide more user friendly on-street parking in between W. Huron Street Downtown Buffalo. and W. Mohawk Street Notification Serial # 9663 (excluding existing No Parking Install Metered Parking and No Standing areas) on Elmwood Avenue, west side PERMISSIVE PARKING - INSTALL between Cary Street In conformity with Section 49 of Chapter 479 of the and W. Huron Street Ordinances of the City of Buffalo, the City Engineer (excluding existing No Parking hereby notifies Your Honorable Body of this action and No Standing areas) supplementing, amending, or repealing existing PERMISSIVE PARKING - INSTALL provisions of Chapter 479 of the Ordinances, as state( In conformity with Section 49 of Chapter 479 of the below, to be effective forty five days after the first Ordinances of the City of Buffalo, the City Engineer Council meeting at which they appear on the agenda as hereby notifies Your Honorable Body of this action an item business. supplementing, amending, or repealing existing That part of Subdivision 29 Section 15 of Chapter 479 provisions of Chapter 479 of the Ordinances, as stated of Ordinances of the City of Buffalo be supplemented below, to be effective forty five days after the first by adding thereto the following: METERED PARKING Council meeting at which they appear on the agenda as Metered Parking Locations an item business. Elmwood Avenue, west side between W. Huron Street That part of Subdivision 29 Section 15 of Chapter 479 and W. Mohawk Street (excluding existing No Parking of Ordinances of the City of Buffalo be supplemented and No Standing areas) by adding thereto the following: METERED PARKING Period of Metered Parking Metered Parking Locations 2 Hour Parking Elmwood Avenue, west side between Cary Street and 8:00 am to 5:00 pm. W. Huron Street (excluding existing No Parking and No Monday - Friday Standing areas) Rate of Metered Parking Period of Metered Parking Rate C 2 Hour Parking $ 1.00 per hour 8:00 am to 5:00 pm 2 hour maximum Monday - Friday This action is being taken in conjunction with the Rate of Metered Parking Downtown Buffalo Parking Infrastructure Task Force Rate C study to provide more user friendly on-street parking in $ 1.00 per hour Downtown Buffalo. 2 hour maximum Notification Serial # 9666 This action is being taken in conjunction with the No Parking - Repeal Downtown Buffalo Parking Infrastructure Task Force on Fourth Street, north and west sides study to provide more user friendly on-street parking in between W. Genesee Street Downtown Buffalo. and a point 60' north of the Notification Serial # 9664 north cubline extended of the Permissive Parking - Repeal north drive of the circular driveway on Elmwood Avenue, west side of the Waterfront School between W. Huron Street NO PARKING - REPEAL and W. Mohawk Street In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer In conformity with Section 49 of Chapter 479 of the hereby notifies Your Honorable Body of this action Ordinances of the City of Buffalo, the City Engineer supplementing, amending, or repealing existing hereby notifies Your Honorable Body of this action provisions of Chapter 479 of the Ordinances, as stated supplementing, amending, or repealing existing below, to be effective forty five days after the first provisions of Chapter 479 of the Ordinances, as stated Council meeting at which they appear on the agenda as below, to be effective forty five days after the first an item business. Council meeting at which they appear on the agenda as That part of Subdivision 24 Section 15 of Chapter 479 an item business. of Ordinances of the City of Buffalo be supplemented That part of Subdivision 25 Section 15 of Chapter 479 by repealing therefrom the following: NO PARKING of Ordinances of the City of Buffalo be supplemented PROHIBITED PORTION OF HIGHWAY Fourth Street, north and west sides between W. on Perry Blvd, west side Genesee Street and a point 60' north of the north between Erie Street cubline extended of the north drive of the circular and Pearl Street driveway of the Waterfront School PERMISSIVE PARKING - REPEAL PROHIBITED PERIOD In conformity with Section 49 of Chapter 479 of the At all times Ordinances of the City of Buffalo, the City Engineer This action is being taken in conjunction with the hereby notifies Your Honorable Body of this action Downtown Buffalo Parking Infrastructure Task Force supplementing, amending, or repealing existing study to provide more user provisions of Chapter 479 of the Ordinances, as stated friendly on-street parking in Downtown Buffalo. below, to be effective forty five days after the first Notification Serial # 9667 Council meeting at which they appear on the agenda as No Parking - Repeal an item business. on Perry Blvd, northeast side That part of Subdivision 25 Section 15 of Chapter 479 between points 125 feet northwest of Ordinances of the City of Buffalo be supplemented and 325 feet northwest of Pearl Street (at nose of by repealing therefrom the following: PERMISSIVE curb) PARKING NO PARKING - REPEAL PERMISSIVE PARKING LOCATION In conformity with Section 49 of Chapter 479 of the Perry Blvd, west side between Erie Street and Pearl Ordinances of the City of Buffalo, the City Engineer Street hereby notifies Your Honorable Body of this action PERIOD OF PERMISSIVE PARKING - DAILY supplementing, amending, or repealing existing 2 Hour Parking provisions of Chapter 479 of the Ordinances, as state( 8:00 am to 6:00 pm below, to be effective forty five days after the first Except Sunday Council meeting at which they appear on the agenda as This action is being taken in conjunction with the an item business. Downtown Buffalo Parking Infrastructure Task Force That part of Subdivision 24 Section 15 of Chapter 479 study to provide more user friendly on-street parking in of Ordinances of the City of Buffalo be supplemented Downtown Buffalo. by repealing therefrom the following: NO PARKING No. 22 PROHIBITED PORTION OF HIGHWAY Report of Bids Perry Blvd, northeast side City Hall between points 125 feet northwest Common Council TV Studio A/C and 325 feet northwest of Pearl Street Job No. 0304 PROHIBITED PERIOD I advertised for on May 14, 2003 and received the May 1 - September 30 following sealed formal proposals for City Hall, Except Buses Common Council TV Studio, New Air Conditioning, Job This action is being taken in conjunction with the No. 0304, which were publicly opened and read on May Downtown Buffalo Parking Infrastructure Task Force 30, 2003. study to provide more user friendly on-street parking in R P Mechanical Downtown Buffalo. 7165 Genesee, Springville, NY Notification Serial # 9668 $37,777.00 Permissive Parking - Repeal Air conditioning is required to protect the recently on Perry Blvd, east side purchased television equipment from overheating. between Pearl Street I hereby certify that the foregoing is a true and correct and Erie Street statement of all bids received and that R P Mechanical, PERMISSIVE PARKING - REPEAL with a bid of Thirty Seven Thousand Seven Hundred In conformity with Section 49 of Chapter 479 of the Seventy Seven and 00/100 Dollars ($37,777.00) is the Ordinances of the City of Buffalo, the City Engineer lowest responsible bidder in accordance with the plans hereby notifies Your Honorable Body of this action and specifications. supplementing, amending, or repealing existing I recommend that Your Honorable Body authorize the provisions of Chapter 479 of the Ordinances, as state Commissioner of Public Works, Parks & Streets to below, to be effective forty five days after the first order the work on the basis of the low bids. Funds for Council meeting at which they appear on the agenda as this project are available in CPF 35320606 445100 - an item business. Buildings. That part of Subdivision 25 Section 15 of Chapter 479 Mrs. LoTempio Moved: of Ordinances of the City of Buffalo be supplemented That the above communication from the Commissioner by repealing therefrom the following: PERMISSIVE of Public Works, Parks and Streets dated June 2, 2003, PARKING be received and filed; and PERMISSIVE PARKING LOCATION That the Commissioner of Public Works, Parks and Perry Blvd, east side between Pearl Street and Erie Streets, be, and he hereby is authorized to award a Street contract for City Hall, Common Council TV Studio, New PERIOD OF PERMISSIVE PARKING - DAILY Air Conditioning, Job No. 0304, to R P Mechanical, the 2 Hour Parking lowest responsible bidder, in the amount of $37,777.00. 8:00 am to 6:00 pm Funds for the project are available in CPF 35320606 Except Sunday 445100 -Buildings. This action is being taken in conjunction with the Passed. Downtown Buffalo Parking Infrastructure Task Force AYES - 11 - NOES - 1 study to provide more user friendly on-street parking in AYES – Bonifacio, Coppola, Davis. Fisher, Franczyk, Downtown Buffalo. Golombek, Grant, LoTempio, Martino, Pitts and Notification Serial # 9669 Thompson Permissive Parking - Repeal NOES - Fontana In addition, permission is requested for the City to No. 23 commit funding necessary for first instance costs and Change in Contract all related Federal and Non-Federal shares of project Zoological Gardens costs. The City of Buffalo's share o costs for this project Camp Conservation is anticipated to be 5%. Costs estimates for the work, Job 0285 including engineering costs are $14,382,000 million I hereby submit to Your Honorable Body the following dollars and the City's share of costs will be available in changes for the Zoological Gardens, Camp our Capital Account for Local Match Reserve. This Conservation, Job 0285, General Construction, Allgaier project is scheduled for bidding late summer of 2003. Construction, C #92010706. Mrs. LoTempio Moved: 1. Repairs to Dex-O-Tex floor in public area. That the Mayor is hereby authorized to enter into all Add $ 680.00 necessary agreements with the New York State The foregoing change results in a net increase in the Department of Transportation to administer, design, bid contract of Six Hundred Eighty and 00/100 Dollars and construct Main St, Hertel Ave to Buffalo East City ($680.00). Line, and that the City is hereby authorized to commit Summary: finding for first instance, costs and all related Federal Current Contract Amount $642,345.00 and non-Federal shares of project costs, estimated to Amount of This Change Order (#2) Add $680.00 be Five percent (5%) of $14,382.00. Finding will be Revised Contract Amount $643,025.00 available in the Capital Account for local Match Costs have been reviewed by the Consulting Architect Reserve. (Foit Albert Associates) and the Department of Public PASSED Works, Parks & Streets and were found to be fair and AYES - 12 - NOES - 0 equitable. Funds for this work are available in CPF 34321506 445100 - Division of Buildings. No. 26 I request that Your Honorable Body authorize the Permission to Trade-in Vehicles Commissioner of Public Works, Parks & Streets to On May 15, 2003, the Division of Purchase received issue a change order to the contractor as set forth bids for a tandem axel truck chassis. Vendors were above. asked to provide a bid, and to adjust that bid for the Mrs. LoTempio Moved: trade-in of ten 1987 and 1988 dump trucks. Buffalo That the above communication from the Commissioner Truck Center submitted the low bid of $86,720 minus of Public Works, Parks and Streets dated May 29, an allowance of $47,000.00 for the trade-ins. 2003, be received and filed; and I, therefore, request Common Council approval to That the Commissioner of Public Works, Parks and trade-in Division of Streets vehicles #S962, 964, 965, Streets be, and he hereby is authorized to issue change 967, 001, 003, 004, 005, and 006 toward the purchase order No. 2, to Allgaier Construction, an increase in the of the tandem axel truck chassis. amount of $680.00, as more fully described in the REFERRED TO THE CONMMITTEE ON FINANCE above communication, for work relating to Zoological Gardens, Camp Conservation, Job 0285, General NO. 27 Construction, C #92010706. Funds for this project are Temporary Lease-City Hall Cafeteria available in CPF 34321506 445 100 - Division of Sodexho Corporate Services, the company that Buildings. currently leases the City Hall cafeteria, has advised us Passed that they are exercising their right to discontinue AYES - 12 - NOES - 0 operations effective June 13, 2003. I, therefore, request Common Council approval to enter No. 24 into a short-term (June 16, 2003December 31, 2003) Negative Declaration agreement with Brand-On Services 11, Inc. for the Scajaquada Pathway - Phase I I I lease and operation of the cafeteria. Under this City of Buffalo, Eric County proposed short-term lease, Brand-On would provide PIN #5756.14 similar services to Sodexho and would pay the City 2. 1 Attached for Your Honorable Body's % of net sales which exceed $125,000. They will, information is a Determination of Non-Significance in however, guarantee a minimum payment of $2,500 for accordance with the New York State Environmental this period. Also, realizing that the cafeteria needs Quality Review Act (SEQR) along with Parts 2 and 3 of some repairs, replacements and improvements, the Full Environmental Assessment Form for Brand-On would do these upgrades and deduct the Scajaquada Pathway Phase 111. cost from their payment to the City. Brand-On Services Our Department is the lead agency for the project and it currently operates the Erie Basin Marina under contract is anticipated to be bid late summer to the City. RECEIVED AND FILED During this short-term lease, this department will solicit formal bids for a long-term lease. NO. 25 Mrs. LoTempio Moved: Permission to Enter into Agreements w/NYSDO' That the above communication from the Commissioner NY Route 5, Main St. Phase I of Public Works, Parks and Streets dated June 2, 2003, Hertel Ave. to Buffalo East City Line be received and filed; and PIN #5034.93 That the Commissioner of Public Works, Parks and Permission is requested from Your Honorable Body Streets, be, and he hereby is authorized to enter into a to authorize the Mayor of the City of Buffalo to enter short-term (June 16, 2003-December 31, 2003) into all necessary agreements with the New York State agreement with Brand-On Services 11, Inc. for the Department of Transportation (NYSDOT) to lease and operation of City Hall cafeteria. That the administer, design, bid and construct Main St., Hertel Commissioner of Public Works, Parks and Streets, be, Ave. to Buffalo East City Line. and he hereby is authorized to solicit formal bids for a order to comply with New York State Department of long-term lease of the City Hall cafeteria. Corrections guidelines, the City of Buffalo must improve Passed. air quality and make other capital improvements within AYES - 11 - NOES - 1 the existing cellblock area. The preliminary cost AYES – Bonifacio, Coppola, Davis, Fisher, Franczyk, estimate for bringing the cellblock into compliance is Golombek, Grant, LoTempio, Martino, Pitts and approximately $200,000.00. Thompson 2. Future Capital Costs NOES - Fontana The Buffalo Police Department cellblock is on older facility. The facility will need physical maintenance No. 28 (painting, cleaning, plumbing, etc) and capital Water Meterization Program improvements during the entire term of this agreement Item #66, C.C.P. 5/27/03 to stay in compliance with State Department of The referenced item has been sent Corrections guidelines. to this department for comment. 3. Increased Patrol Positions The City of Buffalo (i.e. Water Board) Public Water Presently, the Buffalo Police Department assigns three Supply Permit, issued by the New York State (3) officers to transport prisoners to Court for Department of Conservation, requires a water arraignment. This agreement will allow these three (3) conservation program (i.e. universal metering program). positions to be reassigned to patrol functions. The The conservation program seeks to minimize Department can eliminate these police officer positions unaccounted for water. through attrition. We cannot extend selective exemptions of this required 4. Reduced Staffing program at this time. We can, however, work with The positions of cellblock attendants and senior homeowners that would experience a hardship by cellblock attendant will be eliminated. All permanent plumber's fees to accommodate the required meter. cellblock attendants will be transferred to the County of Such instances should be brought to the attention of Eric. All seventeen (17) cellblock attendant positions American Water Services. If it is determined that a will be eliminated. substantial investment would be required to 5. Safety accommodate a meter, the installation may be set aside Arrested persons will be placed in a secure detention temporarily. immediately after arrest. Presently, prisoners are We will not be seeking exemptions until we have transported through an administrative office building attempted to install meters on all accounts, at least prior to gaining entry into the detention facility. This once. would also eliminate the movement of arrested persons REFERRED TO THE COMMITTEE ON LEGISLATION multiple times prior to Court arraignment. This agreement will reduce the risk of injury, escape, FROM THE COMMISSIONER OF POLICE contraband and use of weapons. 6. Efficiency No. 29 Buffalo Police Department officers will spend less time Cellblock Agreement processing the arrested person since they will not have Please find enclosed for your review and approval an to stay with a prisoner through any of the booking agreement transferring the responsibility for the process. This will allow Buffalo Police Department detention of pre-arraigned arrestees from the City of officers to return to patrol duty faster. This will improve Buffalo to the County of Erie. Presently, the Buffalo response time to quality of life calls that normally Police Department operates and maintains a cellblock experience a delay in response when large numbers of on the fourth floor of police headquarters. The officers are out of service processing arrests. agreement provides for the housing of all future Buffalo 7. Reduced Liability Police Department arrestees by the County of Erie at On occasion, arrestees are injured while in the the Erie County Holding Center or the Erie County cellblock. This could be either a suicide attempt or an Correctional Facility. In return, the City of Buffalo would altercation with another inmate or cellblock attendant. reimburse This agreement will eliminate potential liability claims the County of Erie for the expense of providing relating to prisoners injured in the cellblock. detention services as calculated by the Buffalo Police 8. Police Headquarters Department. The annual payment will remain the same Elimination of the cellblock area would facilitate the City with no increase from July 1, 2003 through June 30, of Buffalo selling the Police Headquarters Building in 2006. Beginning July 1, 2007, the city of Buffalo and the future should the City be interested in doing so. In County of Erie will negotiate a new increased or that event, operations in police headquarters could be decreased amount every three (_3 )) years based upon relocated to other City buildings and the Erie County a review and negotiation of the actual costs incurred by Public Safety Campus without the need to address the County in operating the detention facility for Buffalo housing of prisoners or construction of a new cellblock. Police Department arrestees. The County has proposed 9. Union Support that if the par-ties cannot agree, the amount will be The City's Blue Collar union (Local 264) is in agreement increased by the lesser of the Consumer Price Index or on this transfer of function and the PBA has also 2.5 percent (2.5%) in any one year. There will be a 2.5 agreed to the transfer of this function as part of the percent (2.5%) cap on any annual increase. original agreement that allowed the civilianization of the The agreement will allow the Buffalo Police Department cellblock. to discontinue use of its cellblock and reduce its REFERRED TO THE COMMITTEE FINANCE THE workforce. The agreement will have the following COMMISSIONER OF ADMINISTRATION AND benefits to the City of Buffalo. FINANCE AND THE 1. Capital Costs OF HUMAN RESOURCES The City of Buffalo will save a substantial amount of money for capital improvements in the cellblock. In FROM TUIE COMMISSIONER OF FIRE 270 Abbott No. 30 Pursuant to Chapter 254 of the City of Buffalo CERTIFICATE OF APPOINTMENT Ordinances, please be advised that I have examined APPOINTMENT EFFECTIVE: June 10, 2003 IN THE the attached application for a Used Car Dealer License DEPARTMENT OF: Fire DIVISION OF: fire - repair located at 270 Abbott and find that as to form is correct. shop TO THE POSITION OF: Motor Equipment I have caused an investigation into the premises for Maintenance Supervisor I permanent appointment at which said application for a used car dealer license is the: maximum Starting salary of: $30-806-35,381 being sought and according t the attached reports from Andrew Adinolfi 56 Belmont Street Buffalo, 14207 the Zoning Office, Fire Department and Building REFERRED TO THE COMMITTEE ON CIVIL Inspections, I find it complies with a regulations and SERVICE other applicable laws. I have caused an investigation by the Police Department into the moral character of FROM THE CORPORATION COLNSEL James P. Ball. The attached thereto for James P. Ball d/b/a Jim Ball Resale Center, LLC. This request is No. 31 submitted ft your approval or whatever action you deem Architectural Salvage Contract appropriate. Item No. 26, C.C.P., 12/10/2002 Mrs. LoTempio Moved: Item No. 41, C.C.P., 2/18/2003 That the above communication from the Commissioner Item No. 114, C.C.P., 3/18/03 of Permit and Inspection Services dated May 27, 2003, Attached for your approval is the correct, final version be received and filed; and of the contract between the City and Allentown That pursuant to Chapter 254 of the City Code, the Association, Inc., on behalf of Buffalo Architectural Commissioner of Permit and Inspection Services be, Salvage Committee ("BASC") for BASC to render and he hereby is authorized to grant a Used Car Dealer salvage services to the City upon City properties prior license to James P. Ball d/b/a Jim Ball Resale Center, to their demolition. This replaces the incorrect contract LLC, located at 270 Abbott. this Body approved on March 18, 2003. This Passed. Department, with the Director of Real Estate, has AYES - 12 - NOES - 0 negotiated this agreement with Allentown Association's representatives. As with the earlier version, pursuant to No. 34 City Code § 133-22, this contract authorizes BASC to Used car dealer 700 Military Road conduct salvage services for the City, including (Item No. 3 1, C.C.P. 5/13/2003: identifying and collecting salvageable materials from I am in receipt of the above stated Common Council City properties. BASC would sell the salvage materials Communication and wish to supply your Honorable and turn the proceeds over to the City. The City in this Body with the following information. Please be advised agreement would agree to use those proceeds for that an on site inspection was performed by Building historical preservation activities recommended by Inspector Brian Higgins on April 8., 2003. At that time BASC. the Used Car Sales Lot was in compliance with all We request that the Council substitute this final version pertinent ordinance and laws. A re inspection of the contract for the version approved last March 18 performed on May 20, 2003 revealed that the owner of and authorize the Director of Real Estate to execute this Used Car Lot was exceeding the limit set by the this agreement on behalf of the City. Department of Fire. A Notice of Violation was sent By REFERRED TO THE COMMITTEE ON LEGISLATION Building Inspector Higgins to remove the excess vehicles. Pleas( be advised that the Building Inspector FROM THE COMMISSIONER OF PERMIT & will monitor this situation to assure compliance with the INISPECTION SERVICES applicable laws an ordinances. It is my sincere hope that this response satisfies your inquiry. No. 32 RECEIVED AND FILED "R.Fontana-J. Slatter Protest Receiving, Storage, Transfer NYC NO. 35 Garbage-Clinton/Bailey Neigh. Used car dealer 609 Walden Avenue (Item No. 61. C.C.P. May 13, 2003: I am in receipt of the above stated Common Council I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Communication and wish to supply your Honorable Body with the following information. Please be advised Body with the following information. The transfer of the that an on site inspection was performed by Building municipal waste from New York City has been a Inspector David Gilson At that time the Used Car Sales problem for the surrounding residents and businesses. Lot was in compliance with all pertinent ordinance and This activity is under the jurisdiction of the New York laws. The Department of Fir established a limit of State Department of Environmental Conservation. As twenty vehicles. Please be advised that the Building for trucks using City of Buffalo right of ways and streets, Inspector will monitor this situation to assure the transportation of any product falls under the compliance with the applicable laws and ordinances. It jurisdiction of the Department of Public Works. Although is my sincere hope that this response satisfies your not part of our assigned charge I would like to inform inquiry. you Honorable Body that the Department of Permit and RECEIVED AND FILED Inspection Services will monitor the situation to assure that a] pertinent codes are complied with. It is my FROM THE BUFFALO MUNICIPAL HOUSING sincere hope that this response satisfies your inquiry. AUTHORITY REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 No. 33 "BMHA - Legal Opinion on Marine Drive Used Car Dealer Apartments Lease" Total Source of Funds $5,700,000 Copy available in the City Clerks Office for review. Use of Fund - For particulars please refer to page 6 of REFERRED TO THE COMMITTEE ON LEGISLATION the Section 108 application. REFERRED TO THE COMMITTEE ON COMMUNITY FROM THE BUFFALO ECONOMIC RENAISSANCE DEVELOPMENT CORPORATION FROM THE CITY CLERK NO. 37 1,000,000 EDI and a $3,100,000 Section 108 Loan No. 38 for the Central Park Redevelopment Project Liquor License Applications Permission is requested of your Honorable Body to Attached hereto are communications from persons utilize a $3,100,000 Community Development Block applying for liquor licenses from the Erie County Grant Section 108 loan and a $1,000,000 Economic Alcohol Beverage Control Board. Development Initiative Grant (EDI) for the Address Business Name Owner's redevelopment of the Central Park Plaza into a Light Name Industrial and Commercial Business Complex. 41 Virginia Fat Bob's Anthony The terms and conditions of the $3, 100,000 Section Piccione 108 Loan ("Loan") are proposed as are follows: 391 Ellicott Odyssey Bart a. The Loan will be for a term and amortization of 20 Williams years. RECEIVED AND FILED b. Central Park Plaza LLC ("Borrower") will pay interim financing interest only payments for tile first N0. 39 three (3) years of the term based on an estimated Leaves of Absence Without Pay interest rate of 2.50%. From years 4 to 20 when it is I transmit herewith notifications received by anticipated the loan will be converted to permanent me- reporting the granting of the leaves of absence financing, the loan will amortize requiring principal and without pay, in the various departments as listed: interest payments. The interest rate during tile Public Works, Streets & Parks- Tanya Brinson permanent term is estimated at 4.50%. Police- Timothy Strunk, Patty Jo Krolikowski st c. The Loan will be secured by a 1 mortgage on the RECEIVED AND FILED, land, buildings and improvements on the property commonly known as Central Park Plaza ("Real No. 40 Property"). Reports of Attendance d. The Loan will be secured by a first blanket lien on I transmit herewith communications received all fixed and current assets now owned or hereafter by me, from the various boards, commissions, agencies acquired. and authorities reporting the membership attendance at st e. The Loan will also be secured by a 1 priority their respective meetings: Assignment of Rents and Leases. Buffalo Sewer Authority f. In addition, the personal guarantees of Samuel RECEIVED AND FILED. Kurz, Robert Quinn and Samuel Savarino will be required if the MAI Appraised fair market value of No. 41 the Real Property is less than 125% of the Section Appointments-Mayor's Youth Opportunity &- 108 Loan amount or less than $3,875,000 or Employment should HUD require the personal guarantees of I transmit herewith appointments made in the the principals even though the FMV test is met. Mayor's Youth Opportunities and Employment Said MAI appraisal should indicate the Fair Market Programs. Value as well as the Income Approach to Value of RECEIVED AND FILED. the Plaza "as is" and "as complete" (after phase I Certificate of Appointment of the improvement plan only). Appointment Effective: June 2,2003 in the Department g. The Developer will be required to invest not less of Executive than $600,000 of equity Into tile Project for eligible Division of Mayor to the Position of Intern I Seasonal costs. Evidence of Developers equity injection must be Non-Competitive at the: Flat Starting Salary of: $7.00 in the form of cancelled checks and cancelled Note(s) Joseph Zera 18 Coburg Buffalo, NY 14216 evidencing that equity funds were used to retire a Donald Geary 122 Geary Buffalo, NY 14210 portion of the outstanding debt on the Plaza and paid Jessica Jacobi 477 Norwood Buffalo, NY 14222 invoices for engineering, design and for the MAI Michael Anderson 68 Stevenson Buffalo, NY 14220 appraisal. The developers $600,000 equity must be of Rachel Gottlieb 231 Parker Buffalo, NY 14214 invested in full before tile Section 108. EDI, county and Jill Gilmour 29 Carlyle Buffalo, NY 14220 state funds can be drawn down for project Beth Gilmour 29 Carlyle Buffalo, NY 14220 expenditures. Certificate of Appointment The Project will be required to comply with Davis-Bacon Appointment Effective: June 2, 2003 in the Department (i.e. prevailing wages) and Section 3 Legislation (e.g. of Executive local hiring requirements). Division of Mayor to the Position of Intern VI Seasonal The following are the proposed sources and uses of Non-Competitive at the: Flat Starting Salary of: $10.00 funds: Meredith Beck 536 Auburn Buffalo, NY 14222 Proposed Source of Funds: Sean Kelly 53 Robie Ave. Buffalo, NY 14214 Section 108 Loan $3,100,000 EDI Grant $1,000,000 No. 42 NYS Grant $ 500,000 Notices of Appointments - Seasonal/Flat County of Eric Grant $ 500,000 Equity Injection 600,000 I transmit herewith certificates received by Pursuant to § 4- i 04 Section 3 of New York State me, reporting seasonal and flat salary appointments Election Law, it is our position that the board or body made in various departments. empowered may designate any public school building RECEIVED AND FILED. as a polling place. And further, that any such Certificate of Appointment designated public school is required to make available Appointment Effective: May 29, 2003 in the Department suitable space for voting purposes. of Public Works Division of Recreation to the Position This section of the law reads in part: of LIFEGUARD "If a board or body empowered to designate polling SEASONAL APPOINTMENT MINIMUM Starting Salary places chooses a public school building for such of $6.25 purpose, the board or agency which controls such Schmidt Lillie 190 Cumberland Buffalo 14220 building must make available a room or rooms in such Certificate of Appointment building which are suitable for registration and voting Appointment Effective: 5/29/03 in the Department of and which are as close as possible to a convenient Public WorkS7 Parks & Streets Division of Engineering entrance to such building and must make available any to the Position of Laborer1l such room or rooms which the board or body Seasonal Appointment at the: Flat Starting Salary of: designating such building determines are accessible to 8.15 physically disabled voters." Robert McDow 25 Suffolk St. Buffalo, NY 14215 Should you have any questions, please do not hesitate William Rogers III 34 Pavonia Buffalo, NY 14207 to contact us at 858-7786 or 858-7787. Robert Stevenson 897 Columbus Ave. Buffalo, NY RECEIVED AND FILED 14213 NO. 45 No. 43 A. BILLITTIER-RODENT ACTIVITY CLINTON Appointments - Temporary, Provisional or BABCOCK Permanent Dear Honorable Council Members: I transmit herewith Appointments in the In response to your letter regarding Item # 61, C.C.P. various departments made at the Minimum (Temporary, May 13, 2003, please be advised that Erie County Provisional or Permanent) and for Appointments at the Department of Health (ECDOH) staff has been Maximum (as per contract requirements) . conducting weekly visits to the Clinton-Babcock area to REFERRED TO THE COMMITTEE ON CIVIL ascertain whether any rodent activity or other public SERVICE. health problem has arisen due to the delay in removing Certificate of Appointment garbage from New York City. To date, no rodent activity Appointment Effective: June 4 , 2003 in the Department or other public health problem has been found. Rest of Community Services Division of Contract assured, we will however continue to monitor this Administration situation carefully. to the Position of Attendant TEMPORARY As you may already know, the New York State Attorney APPOINTMENT General's Office and the New York State Department of FLAT Starting Salary of.$6.00 Environmental Conservation have also been taking an Chad McCabe 124 Smith # 2 Buffalo 14210 active role toward the resolution of this problem. I Angela Boyd 30 Fernhill Buffalo 14215 understand that both agencies are working with the Certificate of Appointment individuals involved with the transport companies to try Appointment Effective: May 26,2003 in the Department to bring about a conclusion. of Public Works, Parks, Streets Division of Recreation Also included in your communication was a letter from to the Position of Spvrs. Lifeguard TEMPORARY Thorner Press, Inc. President Jack Slater referencing a APPOINTMENT MINIMUM nearby field that may have been contaminated by Starting Salary of $6.50 defoliants. Since the New York State Department of Augustiniak Gary 302 Kensington Buffalo 14214 Environmental Conservation addresses situations such Laracuente Lindsay 91 Aldrich Buffalo 14220 as this, I will forward his letter to the DEC regional Certificate of Appointment office. Appointment Effective: May 27, 2003 in the Department If I can be of further assistance please feel free to of Community Services Division of Contract contact my office. Administration REFERRED TO THE COMMITTEE ON LEGISLATION to the Position of Attendant TEMPORARY APPOINTMENT NO. 46 FLAT Starting Salary of $6.00 D. BONIFACIO-DAMAGE TO WEST FERRY CIRCLE Margaret Overdorf 122 Turner Buffalo 14220 Please file the attached correspondence from the Certificate of Appointment Richmond Neighborhood Community Association Appointment Effective: May 27, 2003 In the Department regarding the request that the corporation council of: Audit and Control Division of: Audit to the Position recover the cost of repairs to the Drivers of the vehicles of: Assistant Auditor Temporary Appointment at the: damaged by the West Ferry Circle. Minimum Starting Salary of: $ 30,922 If you have any questions or concerns, please do not Frank Barrile 10 13 Tifft Street Buffalo, NY 14220 hesitate to contact me at 851-5125. Thank you for your cooperation. NON-OFFICIAL COMMUNICATIONS, PETITIONS Dear Councilman Bonifacio, AND REM0NSTRANCES On behalf of the Richmond Neighborhood Community NON-OFFICIAL COMMUNICATIONS Association, I am writing to express concern about damage to the West Ferry Circle. We know that at least NO. 44 two cars have hit the pedestal base, uprooting plants MEMORANDUM and the watering system. We are requesting that the PUBLIC SCHOOLS AS POLLING PLACES Corporation Council recover the cost of repairs to the circle from the drivers' insurance companies. We hope M. SORRENTINO-CONCERNS PARKING SITUATION that any money recovered in this way will be able to BRISBANE BLDG offset the cost of repairs. June 2, 2003 REFERRED TO THE COMMITTEE ON C.LAIMS AND This letter is concerning the difficult parking situation THE COMMISIONER OF PUBLIC WORKS that we are experiencing in downtown Buffalo in the vicinity of the Brisbane Building. The parking problems NO. 47 that my patients are facing is greatly inconveniencing R. VASQUEZ-REQ SIGNAGE FOR 564 NIAGARA them and causing adverse effects to my business. Dear Mr. Michaux: Many patients try to come to our office for their Please file the attached letter regarding request for appointments and find they cannot find parking, causing permission to install a double-faced illuminated pylon them to not show up for their appointments. This has sign with a two-line message center for the upcoming caused a decrease in business and I fear many of Council Session to be held on Tuesday, June 10, 2003. these patients may feel the hassle of parking downtown Should you require any further information, please feel is not worth remaining a patient in my practice. free to contact my office at 851-4980. Thank you. Much of the off street parking has very limited I am requesting permission from the council to install a short-term parking because it is limited to monthly pass double-faced holders. The pricing structure ($3.50-$3.75/hour) for illuminated pylon sign with a two line message center. off-street short-term parking has always been excessive new office is My and a deterrent for people who wish to patronize Currently under construction at 564 Niagara Street. downtown businesses. The construction to the Adams The signage would be by a 40-6'-square tube St. Ramp has further decreased off-street parking and steel foundation. Our project should by late June, 2003. many other parking lots have taken advantage of this We expect to secure occupancy shortly situation to raise rates. thereafter. Subsequently, we request that our proposal The changing of Washington St. from one-way to be considered and approved expeditiously. two-way has resulted in the removal of 6-metered If you have any further questions or concerns. please parking spots on Washington St. between Clinton and do not hesitate to call me at (716) 882-0366. Eagle St., 6 metered parking spots on the east side of REFERRED TO THE COMMITTEE ON LEGISLATION, Washington St. in front of the library, and another 6 THE CITY PLANNING BOAJ THE DIRECTOR OF spots on Broadway between Washington and Ellicott STRATEGIC PLANNING AND THE CORPORATION St. All total there have been 18 metered parking spots COUNSEL removed in 'the area of the Brisbane Building, leaving 9 metered parking spots for this area, where there were NO. 48 once 27. D. WATTS-HAMPTON INN-PROJECTING I have discussed this issue with Stuart Hunt, the owner DIRECTORY SIGN of the Brisbane Building. He indicated that there was Please file the attached letter regarding the Hampton consideration for putting parking meters on Court St. in Inn & Suites Building Retail Projection Directory Sign front of the Brisbane Building. I strongly support this for the upcoming Council Session to be held on and any other measures that increase parking and Tuesday, June 10,2003. accessibility to downtown Buffalo. The availability of Should you require any further information, please feel on-street parking is crucial for a downtown business to free to contact my office at 851-4980. Thank you. survive since people do not mind putting quarters in the Sincerely, meter as opposed to paying inflated rates at off-street Brian C. Davis parking facilities. Ellicott District Councilmember Sincerely, In 2001, Benderson Development Company, Inc. Mark F. Sorrentino, OD redeveloped the above mentioned property into a new REFERRED TO THE COMMITTEE ON Hampton Inn & Suites Hotel with retail space on the first LEGISLATION,THE DIRECTOR OF PARKING floor. A portion of the retail space has frontage on ENFORCEMENT AND THE BUFFALO PLACE Delaware Ave. with the majority of the retail space facing Chippewa Ave. NO. 50 We have proposed a Directory Sign that is intended to M. WHYTE help overcome the lack of visibility of the Chippewa LIVING WAGE SETTLEMENT Street tenants as viewed from Delaware Ave. The sign As I am sure you are aware, our organization, the would be installed on the Delaware Ave. building wall, Coalition for Economic Justice (CEJ), has suspended perpendicular to the street. The style and size of the our lawsuit against the City of Buffalo. CEJ and the proposed sign would be similar to other projecting signs Corporation Council agreed to this suspension on two also in the Chippewa Entertainment District. conditions: We believe the proposed directory will be a beneficial that the Common Council and CEJ would be able to leasing tool as we work towards attracting tenants that reach an agreement on the new living wage legislation, will further enhance the development. calling for an all-volunteer living wage Commission to Thank you for your assistance and please feel free to carry-out the burden of implementation, and contact me should you have any questions at • that CEJ would be able to receive the Common 716.878.9415. Council's help in uncovering documents disclosing the REFERRED TO THE COMMITTEE ON LEGISLATION, contractors expected to comply with the living wage. THE CITY PLANNING BOARD, THE DIRECTOR OF It was of course necessary for Judge Lane to approve STRATEGIC PLANNING AND THE CORPORATION the suspension. The purpose of this letter is to inform COUNSEL you that according to the agreement the Judge has approved, we have only until June 23 rd to reach a NO. 49 settlement with the City. However, we intend to ask the Judge to extend the deadline to July 10 , giving both parties a bit more time to meet the above stated pieces of concrete on the lots (two properties have conditions should more time be necessary. been lost). The soil also must be leveled off. I We want to be honest with you about our intentions, understood it to be the responsibility of the contractor to however. You should know that if we do not resolve our level off the area. differences by the July deadline, we will be obliged to In the process of removing the homes, it was necessary submit a court order to the Judge which will put us right to drive the machinery onto my driveway and the back to where we were before we reached this pavement in front of my home. The weight of the temporary suspension in the litigation. Should going machinery has cracked the driveway and the sidewak I back to Court become necessary, we will then am looking to have these areas replaced. I understand immediately proceed to schedule depositions of the that you have worked with various community clean-up fifteen or so city officials he has authorized us to programs. Beautification of city properties is important depose. These are people who, we believe, may have to neighborhood revitalization programs. We would like personal knowledge about how the city processes to secure the lot and hope that you may be instrumental service contracts. In fact, as you know, we sent out in securing funding to repair the pavements damaged notices for those depositions just a few days before we during demolition. Possibly you can advise us of no agreed to this temporary cessation. In addition, the interest loans or any neighborhood grants available for Judge also indicated that if we felt we needed to do low-income families. I have lived at this location for 20 more depositions, based on what we learn in the first years. My friend and neighbor Mary Lou Scura told me set, that he would permit us to do so. she was a friend of yours and I could count on you for We look forward to working with you extensively over support. We would like to make improvements on the the next 6 weeks on this very important issue for our lot, but our income is low. We (family of three) live on community. We remain confident that a settlement can my husbands' veterans' disability. I am current be reached and the lawsuit dismissed. Living wage unemployed because of several health challenges. Our legislation offers tremendous hope at a time of unique family would appreciate any help you could give us. challenges. Please know that we are grateful for your Thank you in advance. I hope to hear from you in the commitment to living wages in WNY and your near future. commitment to working with us on finding mutually RECEIVED AND FILED agreeable legislation to benefit workers in our community. NO. 53 Very Sincerely, P. GREELEY-WATER PRESSURE-KENSINGTON Maria R. Whyte CLARENCE AVE Executive Director Please file the enclosed correspondence for Tuesday, REFERRED TO THE COMMITTEE ON LEGISLATION June 10, 2003 Common Council meeting. Thank you for your attention to this matter. NO. 51 Dear Ms Grant: L. PAGE-REQ REFUND PARK PERMIT I need your assistance in addressing a serious issue Please file the enclosed correspondence for regarding water pressure in our neighborhood. First let discussion at the next Common Council Meeting on me introduce our company and myself My name is 6/10/2003. Patrick Greeley, Controller at Winfield Industries. We Ms. Linda Page resides at 742 Carroll Street is are a manufacturer on Kensington and Clarence requesting a refund of $25.00 for a parks permit to rent Avenues in the City. We have a 90,000 square foot the shelter at Houghton / Stachowski Park for going facility and employ over 100 individuals (many from our away party for son leaving for the Marines on 6-8-03. immediate area). We have been here for 30 years and This date had to be cancelled due to death in family. remain committed to our neighborhood and city. The parks Department can not accommodate any other We are encountering a problem obtaining competitive date before her son leaves for the Marines. She is insurance quotes because of the poor rating our requesting a refund. neighborhood is getting from the insurance companies. Mrs. LoTempio Moved: Some insurance companies will not even quote our That the Comptroller and the Commissioner of business upon obtaining our business address. With Administration and Finance are hereby authorized to the events of September 11th and the turmoil in the issue a refund to Ms. Linda Page in the amount of insurance industry, premiums are increasing at $25.00 for an unused parks permit. substantial rates, to the point where we need the best PASSED pricing available to remain at our location. AYES - 12 - NOES - 0 We are told that the water pressure to support our fire pump would be inadequate in the event of a prolonged NO. 52 fire. As a matter of fact, they feel that the draw on the SECURING LOT OF DEMOLISHED HOUSE AT 86 infrastructure would collapse the line. We would hope CONDON AVENUE, BUFFALO, NY 14207 that this is not the case but it is inconsequential what I am the homeowner of the property at 90 Condon we think. The insurance companies dictate our rates. Avenue. My home was recently involved a fire on This instance is putting us at serious disadvantage in Condon Avenue. My home is undergoing repairs to getting competitive pricing and we a seriously restore it to its former condition. The lot next to my concerned that we may not be able to get insurance at home at 86 Condon is now empty. The house that was all. at that location has been demolished. I am interested in We need your help in resolving this issue. Is it possible purchasing the lot from the city. A fireman and a to increase the pressure in the water lines of the neighbor told me that the lot could be purchased for neighborhood? Is there any data showing that the $1.00. insurance companies can be incorrect or using old out I understand that you concentrate on issues that are dated data? Has there been improvements that the city important to families and our community. Although the recently undertaken to reduce this exposure? These homes have been demolished, there are still large are some things we would need answers to as well as Dear Mr. SanFilippo: any insight you may have on this problem. Recently, one of our members, who is a city employee, I appreciate your assistance in this matter. I can be received a loan from our credit union and elected to reached @ Winfield at any time if you have any have the payments directly deposited from his questions. Thank you. paycheck. Direct deposit assures the lender that REFERRED TO THE COMMITTEE ON LEGISLATION, payments will be made on time. and relieves the THE member of the burden of writing and mailing a check COMMISSIONER OF PUBLIC WORKS, THE each month. COMMISSIONER Our member was told by the city payroll department OF FIRE AND THE CORPORATION COUNSEL that he could not have this service. beca6se -the city does not have a contract"' with our credit union. Your NO. 54 Assistant, Tony Farina, made some inquiries and found A. HARRIS-COB BUDGET CRISIS that there were only certain entities that could have Please file the enclosed correspondence for Tuesday, direct deposit by city employees. I asked Mr. Farina June 10, 2003 Common Council meeting. how our credit union could become one of these Thank you for your attention to this matter. preferred few. and he referred me to Mr. Len Matarese. It is with great pleasure, that the opportunity has Commissioner of Human Relations. afforded me privilege to communicate with you. My I spoke to Mr. Matarese, who told me that all of the topic of interest is the City of Buffalo budget crisis. above was true, and that in addition. employees who I am totally disgusted that the residents of the City of did have funds directly deposited to their savings or Buffalo are continuously laden with tax burdens, user loan accounts had to wait 3 days after the funds were fees, and everything else on the books. I feel, be it transferred to gain access to them. also informed me public or private sector, any none resident working in that the the City of Buffalo should be accounted for some sort of human relations office, which he heads, has no tax levy. authority in this matter, but that it was a function of your Over 95% of the employees at my place of office. employment, are none city residents. At the close of my Although I have not taken legal advice on this subject, I workday, it takes me forever to get home because Main would not be surprised to learn that it would be illegal to Street is lined with none-residents heading home, the deny access to an employee's pay after that pay has same is true for the 33, the thruway, and other been issued. I would also not be surprised to learn that roadways. it would be discriminatory to allow some city employees It is just not right for all these people to come into the access to a service while denying that service to others. City, hold high paying jobs and take all revenue to the Please advise why this credit union and its members, suburbs. With the population of the City on a and others, are being discriminated against by the City continuously decline, I feel strongly that these people of Buffalo. Also please advise to whom our credit union should be held responsible for the city, as operation of can apply to allow our members to be allowed this well. If the current trend continues, people won't be able service. to buy food or clothing, because all income will go for Please note that our credit union would be pleased to some sort of tax increase. offer the City Automated Clearing House (ACH) I applause you for the great job you are doing for the origination services at a very affordable cost (much City of Buffalo. We need voice of leaders who lower than the cost of cutting a check every pay period!) understands our needs and concerns. Is it at all feasible if you do not have the ability to do so currently. that a tax responsibility be placed upon non-residents REFERRED TO THE COMMITTEE ON FINANCE working in the City? Thanks for accepting my correspondence. NO. 56 REFERRED TO THE COMMITTEE ON FINANCE AND S. COMMENTS-ALLENTOWN ART FESTIVAL THE CORPORATION COUNSEL Attached available for review in the City clerk’s Office. RECEIVED AND FILED NO. 55 L. MATARESE-DIRECT DEPOSIT NO. 57 Please file the enclosed correspondence for Tuesday, L. TAYLOR-MASTEN SHELTER HOUSE June 10, 2003 Common Council meeting. Attached available for review in the City clerk’s Office. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE MEMORANDUM DEPARTMENT OF HUMAN RESOURCES NO. 58 Direct Deposit A. THOMPSON-S. GONZALEZ-POLICE ATHLETIC Please be advised that I have received responses from LEAGUE OF BUFFALO our union leadership regarding employee interest in MEMORANDUM direct deposit of payroll checks. Dear Mr. Michaux III: Each union has indicated that their membership is I am writing to respectfully request that you file this keenly interested in such a program, which is widely correspondence from Susan Gonzales from the Police available in other government and private sector Athletic League of Buffalo with the Council for organizations. discussion at the next meeting dated June 10, 2003. I have previously forwarded to you a copy of a letter If you have any questions, please do not hesitate to from 1s' Alliance XXI Federal Credit Union to Andy contact me directly at (716) 85 1 -5145. SanFilippo, indicating that there may well be Re: Fax of May 201h : your correspondence of May discrimination issues involved in the manner in which 12 th 2003 the City currently handles direct deposit. I have read your request for assistance for Juneteenth I am available to assist Council in pursuing this matter and Unity Day at MLK Park. I have several thoughts in anyway Council desires. Please advise. and suggestions regarding event sponsorship. On behalf of Parks: F. WOLE- MONIES OWED TO THE ERIE COUNTY 1. On the phone you mentioned having the parks BOARD OF ELECTIONS department being a co-sponsor. Please be aware that We are writing to collect payment on the attached the parks department only co-sponsors through in-kind invoice for monies due and owing to the Erie County assistance, as preparing areas for events through Board of Elections. In the general election of November regular park work. We do not provide, nor do we have a 2001, an extra channel was required in voting machines budget for, cash contributions for any events in our in the City of Buffalo to accommodate all candidates on parks. the correct party line. In order to properly conduct this 2. All events we are associated with through election, as an accommodation, the Erie County Board co-sponsorship are still required to go through the of Elections purchased, on your behalf, a channel with J proper channels to apply and pay for the necessary compensators for each voting machine in Erie County. permits through our department, special events permits, The total cost of the channels with J compensators was licensing, fire (tents), emergency NTY State mass $77,294.20 which had been paid by the Board of gathering permits, etc. Elections to the voting machine service center. The City On behalf of PAL: of Buffalo was billed in the amount of $28,026.20 in 1. The Police Athletic League of Buffalo, Inc. is a not for December 2001 for its statutory share of the cost of profit 501 (c)(3) and therefore solicits contributions on purchasing compensators for voting machines within its own behalf and does not give any cash contributions the City of Buffalo. As of this date, we have yet to because of charitable solicitation guidelines from the receive the outstanding balance due and owing. New York State Charity Registry. Therefore, cash The Commissioners of the Erie County Board of contributions from PAL are not possible. Elections have made several attempts to collect monies 2. As we are all facing hard times raising money for our due and owing without success. In the event the Erie own programs due to the state of the economy, I would County Board of Elections does not receive payment of find it difficult to be out raising money for another the monies due and owing to it within thirty (330) days, organization simultaneously, as I do that for PAL. we will have no choice but to seek a judgment against PAL is already committed to co-sponsoring another the City in court. Please proceed with payment of the "Bicycle Safety Training & Helmet Giveaway" with outstanding invoice as soon as possible. Buffalo Police Officer Patrick Cray at the Juneteenth REFERRED TO THE COMMITTEE ON FINANCE, Festival. This is the only district we are hosting two of CORPORATION COUNSEL, THE COMMISSIONER these events. As you know, we did this three weeks OF ADMINISTRATION AND FINANCE AND THE ago in MKL Park and gave out 135 helmets following COMPTROLLERS OFFICE the safety training. Additionally, PAL's offer still stands from our meeting PETITIONS last June. I would be happy to meet with you, your staff, a group of volunteers etc, to help provide you with the NO. 60 procedures and materials necessary to go out and C. LEONE, AGENT, USE 1962 NIAGARA FOR AN solicit sponsorship for your events. Even though I do ADJACENT provide training and education on a professional, paid VACANT LOT (HRG 06/17) level, I would be willing to work with you on developing REFERRED TO THE COMMITTEE ON LEGISLATION, sponsorship proposals and analyzing events to ask for DIRECTOR OF STRATEGIC PLANNING, CITY sponsorship and to share ideas on how you can raise PLANNING money at events to profit that event; identify corporate BOARD AND CORPORATION COUNSEL. partners PAL would be willing to discuss providing some type of NO. 61 kid's activity at Unity Day, but I would need to get more T. FINNEGAN, AGENT, USE 44 ALLEN ST TO information on the event to determine what is OPERATE appropriate. At other events we've provided BAR. (HRG. 6/3) opportunities such as small carnival games (duck pond, REFERRED TO THE COMMITTEE ON LEGISLATION, bean bag toss), make-it & take-it arts/crafts projects, DIRECTOR OF STRATEGIC PLANNING, CITY child fingerprinting id kits, etc. PLANNING With regard to the Masten District Christmas Party, BOARD AND CORPORATION COUNSEL. because of the number of agencies such as the Buffalo News Neediest Fund, Toys for Tots, etc., PAL doesn't NO. 62 provide any holiday parties. I understand, the Delavan D. WILCOX, AGENT, USE 503 ELK-GROUND SIGN Grider Community Center is a 501(c)(3) and should be (PHONE #877-5535) able to raise funds through their charitable status to The attached is for Common Council Approval; but help with your December event. per Permits, no public hearing is required. On behalf of the Parks and Recreation department, we REFERRED TO THE COMMITTEE ON LEGISLATION, do not host holiday parties in our own centers for DIRECTOR OF STRATEGIC PLANNING, CITY several reasons. A lack of funds and the sensitivity PLANNING BOARD AND CORPORATION COUNSEL. issue regarding people of various faiths celebrating different holidays. Lastly, we run limited programs NO. 63 during the holiday week as personnel typically takes off B. BAUMKER-USE 564 NIAGARA –POLE SIGN to spend time with their families. REFERRED TO THE COMMITTEE ON LEGISLATION, Please contact me at your earliest convenience so that DIRECTOR OF STRATEGIC PLANNING, CITY we can set a meeting to review all of this. PLANNING BOARD AND CORPORATION COUNSEL. REFERRED TO THE COMMITTEE ON FINANCE NO. 64 NO. 59 J. CAMACHO, AGENT, USE 1101 KENMORE AKA 1112 KENMORE-SIDEWALK CAFE (PHONE #390-4620) PASSED The attached is for Common Council Approval; but AYES - 12 NOES - 0 per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 71 DIRECTOR OF STRATEGIC PLANNING, CITY APPOINTMENT PLANNING BOARD AND CORPORATION COUNSEL. APPT. -ADMINISTRATIVE AIDE (MAX) (FIRE) (ITEM NO. 29-C.C.P. MAY 27, 2003) REGULAR COMMITTEES That Communication 29, May 27, 2003 be received CIVIL SERVICE and filed and the permanent appointment of Linda Kelly (MARC A. COPPOLA, CHAIRPERSON) stated above at the maximum salary of $27,859 effective on March 31, 2003 is hereby approved. NO. 65 PASSED STATUS/UPDATE COB EEO/AFFIRM. ACT PLAN (# AYES - 12 NOES - 0 120, 6/12) (# 184, 2/20) NO. 72 (CCP#80-NOV. 26, 02) NOTICES OF APPOINTMENTS TEMP/PROV/PERM That the above item be and the same hereby is (CTY CLK) received and filed. (CCP#53-MAY 27, 03) ADOPTED That the above item be and the same hereby is received and filed. NO. 66 ADOPTED COB EEO/AFFIRMATIVE ACTION PLAN (956, 10/16) (HR) FINANCE (CCP#81 -NOV. 26,02) (BETTY JEAN GRANT, CHAIRPERSON) That the above item be and the same hereby is received and filed. NO. 73 ADOPTED LEASE AGREEMENT - CITY OF BUFFALO AND THE NORTH NO. 67 BUFFALO BUSINESS DEVELOPMENT APPOINTMENT (ITEM NO. 5, C.C.P., MAY 27, 2003) APPT.-ASSOCIATE ACCOUNT CLERK INTER That the Chairman of the Board of Parking be, and he (COMPT) hereby is relieved from the responsibility of (ITEM NO. 17-C.C.P. MAY 27, 2003) snowplowing and electricity and that the North Buffalo That Communication 17, May 27, 2003 be received Business Development Assoc., Inc. continue to and filed and the permanent appointment of Joanne maintain 1464 and 1509 Hertel Avenue for the Millioto stated above at the intermediate salary of operation of the Rapp Program retroactive to November $30,019 effective on May 12, 2003 is hereby approved. 2002. PASSED PASSED AYES - 12 NOES – 0 AYES - 12 NOES - 0 NO. 68 NO. 74 APPOINTMENT NYSDOL FINE - BROADWAY GARAGE APPT.-LABORER 11 (INTER) (PW) (ITEM NO. 62, C.C.P., APR. 29, 2003) (ITEM NO. 26-C.C.P. MAY 27, 2003) (ITEM NO. 73, C.C.P., MAY 13, 2003) That Communication 26, May 27, 2003 be received That the above item be, and the same hereby is and filed and the permanent appointment of Ronald returned to the Common Council without Link stated above at the intermediate salary of $26,935 recommendation. effective on May 12, 2003 is hereby approved. Mrs. Grant moved that the above item be recommitted PASSED to the Committee on Finance. AYES - 12 NOES - 0 ADOPTED. NO. 69 NO. 75 APPOINTMENT ART IN PUBLIC PLACES PROJECT FOR C APPT.-MOTOR EQUIP SUPV I (INTER) (PW) DISTRICT (ITEM NO. 27-C.C.P. MAY 27, 2003) (ITEM NO. 2, C.C.P., MAY 27, 2003) That Communication 27, May 27, 2003 be received That the above item be, and the same hereby is and filed and the permanent promotion of Gregory returned to the Common Council without Dameu stated above at the intermediate salary of recommendation. $33,094 effective on May 19, 2003 is hereby approved. Mrs. Grant moved that the above item be recommitted PASSED to the Committee on Finance. AYES - 12 NOES – 0 ADOPTED. NO. 70 NO. 76 APPOINTMENT MONTHLY RPT.-APRIL 2003 (CIT SVS) APPT. -STREET WORKER (INTER) (PW) (CCP43 -MAY 27, 03) (ITEM NO. 28-C.C.P. MAY 27, 2003) That the above item be and the same hereby is That Communication 28, May 27, 2003 be received and received and filed. filed and the permanent appointment of Martmi Eve ADOPTED stated above at the intermediate salary of $28,577 effective on May 21, 2003 is hereby approved. NO. 77 RESPONSE-D. DEBOTH-PURCHASE 1938 (ITEM NO. 22, C.C.P., MAY 27, 2003) NIAGARA AKA 1932 NIAG. FMR. JUBILEE CTR. (ST That the above item be, and the same hereby is PI) returned to the Common Council without (CCP#9-MAY 27, 03) recommendation. That the above item be and the same hereby is Mrs. Grant moved: received and filed. That the Common Council approve the Operation ADOPTED Agreement between the Buffalo Water Board and the American Water Services Operations and Maintenance, NO. 78 Inc. for the operation of the water system from July 1, RESULTS OF NEGOTIATIONS - 192 BEST STREET 2003 through June 30, 2008. (ITEM NO. 12, C.C.P., MAY 27, 2003) PASSED That the offer from James Kennedy, residing at 192 AYES - 12 NOES – 0 Best Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 192 LEGISLATION Best Street, be and is hereby accepted; and (RICHARD A. FONTANA, CHAIRMAN) That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and NO. 83 That the transfer tax, recording fees and cost of legal ORDINANCE AMENDMENT-CHAPTER 511 description shall be paid by the purchaser; and ZONING-USE PERMIT REQUIREMENT (511-136) That the Corporation Counsel be authorized to prepare (HRG 6/10) the necessary documents for the transfer of title and (CCP# 114,05/27/03 that the Mayor be authorized to execute the same, in That the above item is returned without accordance with the terms of sale upon which the offer recommendation. was submitted. Richard Fontana, Councilmember PASSED A public hearing has been set, before the Common AYES - 12 NOES - 0 Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published NO. 79 in the Buffalo News, a copy of which is attached hereto. RESULTS OF NEGOTIATIONS - 221 LINWOOD On motion by Mrs. LoTempio, seconded by Mr. AVENUE Fontana the item is properly before the Common (ITEM NO. 13, C.C.P., MAY 27, 2003) Council, and the hearing is opened. That the above item be, and the same hereby is CARRIED. returned to the Common Council without Appearances- R. Fontana, D. Bonifacio recommendation. Mrs. LoTempio now moved that the hearing be Mrs. Grant moved that the above item be recommitted closed. Seconded by Mr. Fontana to the Committee on Finance. CARRIED. ADOPTED. Ordinance Amendment - Chapter 511 - Zoning, Use Permit NO. 80 Requirement (Human Service Facilities) RESULTS OF NEGOTIATIONS - 1079 SMITH (Item No. 114, C. C.P., May 27, 2003) STREET That the Ordinance Amendment as contained in Item (ITEM NO. 14, C.C.P., MAY 27, 2003) No. 114, C.C.P., May 27, 2003, be and the same That the offer from Ms. Grady G. Tate, residing at hereby is approved. 1073 Smith Street, in the sum of One Thousand Dollars PASSED ($ 1,000.00) for the purchase of 1079 Smith Street, be AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, and is hereby accepted; and FONTANA, FRANCZYK, GOLOMBEK, GRANT, That the appraisal requested by the City of Buffalo shall LOTEMPIO, MARTINO, THOMPSON - 11 NOES be paid by the purchaser; and PITTS- 1 That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare NO. 84 the necessary documents for the transfer of title and ORDINANCE AMENDMENT-CHAPTER 511 that the Mayor be authorized to execute the same, in ZONING-USE PERMIT REQUIREMENT (511-55) accordance with the terms of sale upon which the offer (HRG 6/10) was submitted. (CCP# 115, 5/27/03) PASSED That the above item is returned without AYES - 12 NOES - 0 recommendation. A public hearing has been set, before the Common NO. 81 Council, at this regularly scheduled meeting, on the RESULTS NEG 256, 258, 268, 272 E. FERRY & 1482 above item, and a Notice of same has been published JEFFERSON (STRAT PI) (#4, 4/29) in the Buffalo News, a copy of which is attached hereto. (CCP#84-MAY 27, 03) On motion by Mrs. LoTempio, seconded by Mr. That the above item be and the same hereby is Fontana the item is received and filed. properly before the Common Council, and the hearing ADOPTED is opened. CARRIED. NO. 82 Appearances- R. Fontana, D. McPhearson BUFFALO WATER BOARD CONTRACT WITH Mrs. LoTempio now moved that the hearing be AMERICAN WATER SERVICES closed. Seconded by Mr. Fontana OPERATIONS AND MAINTENANCE, INC. CARRIED. Mr. Fontana moved: That the above item be, and the same hereby is, That the Ordinance Amendment as contained in Item returned to the Common Council without No. 115, C.C.P., May 27, 2003, be and the same recommendation. hereby is approved. .Mr. Fontana moved that the above item. be PASSED recommitted to the Committee on Legislation, D. Weyand, Petition to Use 38 NYC Railroad ADOPTED Placement of Temporary 164' Meterological Tower on CSX Railroad Property NO. 89 (Item No. 67, C.C.P., May 27,2003) R. PRICE & O-CONC.-PROP. NICU ROOF SITE LOC. -WOM. /CHILDREN'S HOSPITAL HELIPAD That after the public hearing before the (CCP#71 -MAY 27, 03) Committee on Legislation on June 3, 2003, the petition That the above item be and the same hereby is of D. Weyand, agent, for permission to use 38 NYC received and filed. Railroad Placement of Temporary 164' Meterological ADOPTED Tower on CSX Railroad Property be, and hereby is approved. NO. 90 PASSED SUPPORT MARINE DRIVE RESIDENTS AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, (CCP#6-FEB. 18, 03) FONTANA, FRANCZYK, GOLOMBEK, GRANT, That the above item be and the same hereby is LOTEMPIO, MARTINO, THOMPSON - 11 NOES received and filed. PITTS- 1 ADOPTED NO. 85 NO. 91 D WEYAND, PETITION TO USE 38 NYC RAILROAD G. BROWN-BMHA-SUPPORT MARINE DRIVE PLACEMENT OF TEMPORARY 164’ RESIDENTS (BMHA) METEROLOGICAL TOWER ON CSX RAILROAD (CCP#44-MAR. 4, 03) PROPERTY That the above item be and the same hereby is ITEM NO 67 CCP MAY 27, 2003 received and filed. That after the public hearing before the Committee on ADOPTED Legislation on June 3, 2003, The petition of D. Weyand, agent, for permission to use 38 NYC Railroad NO. 92 Placement of Temporary 164’ Meterological Tower on DOWNTOWN PRESERVATION CSX Railroad property be, and hereby is approved. (ITEM NO. 111, C.C.P., FEB. 4, 2003) PASSED That this Honorable Body does hereby go on record AYES - 12 NOES - 0 in support of extending the Metro Rail east past HSBC Arena for a distance adequate to serve the NO. 86 Cobblestone District. This will provide access to the D. WEYLAN-ERIE CO. SHORELINE WIND STUDY ample parking areas located in the district as well as (CP) spurring some economic growth. The City of Buffalo (CCP#8-MAY 13, 03) currently runs a "parking shuttle" to the area at a cost of That the above item be and the same hereby is about $500,000 annually; and received and filed. That copies of this resolution be distributed, for ADOPTED comment, to the entire delegation of federal, state and county elected officials serving Buffalo and Erie County. NO. 87 ADOPTED B. BUCHANAN, PETITION TO USE 1368 HERTEL AVENUE - SIDEWALK CAFE NO. 93 (ITEM NO. 68, C.C.P., MAY 27, 2003) C. MICHAUX-C. WILSMAN-CONCERNS-S. That after the public hearing before the Committee on ELMWOOD AVE. AT EDWARD ST. Legislation on May 6, 2003, the petition of B. (CCP#51 -MAY 13, 03) Buchanan, agent, for permission to use 1368 Hertel That the above item be and the same hereby is Avenue for a sidewalk cafe be, and hereby is approved received and filed. with conditions: ADOPTED 1 . That no outside music is permitted on the sidewalk caf6. NO. 94 2. That no trash receptacles are permitted on C. FISHER-P. HARRIS-REQ. REMOVAL OF ICE the sidewalk caf6 and the owner is responsible for MACHINE-SAAD MKT. exterior trash around the premises. (CCP#47-MAY 13, 03) 3. That the restaurant and the sidewalk caf6 That the above item be and the same hereby is closes at 10:00 P.M. on weeknights and at 11:00 P.M. received and filed. on weekends. ADOPTED PASSED AYES - 12 NOES - 0 NO. 95 C. FISHER-P. HARRIS-REQ. ASST. NOT TO AUTH. NO. 88 OPER. LIC.-SAAD MKT.-WAKEFIELD/HOLDEN D. MIKA, PETITION TO USE 263 WASHINGTON (PERMITS) A/K/A 64 EXCHANGE STREET - POLE SIGN (CCP#30-MAY 27, 03) (ITEM NO. 69, C.C.P., MAY 27, 2003) That the above item be and the same hereby is received and filed. ADOPTED LOTEMPIO, MARTINO, THOMPSON - 11 NOES NO. 96 PITTS- 1 USED CAR DEALER LICENSE - 700 MILITARY ROAD NO. 101 (ITEM NO. 31, C.C.P., MAY 13, 2003) NOTIFICATION SERIAL #9645 (PW) That the above item be, and the same hereby is (CCP#L 9-MAY 27, 03) returned to the Common Council without That the above item be and the same hereby is recommendation. received and filed. Mr. Fontana moved: ADOPTED That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and NO. 102 he hereby is authorized to grant a Used Car Dealer 726 EXCHANGE STREET - ENCROACH license to Roland Andrew d/b/a Hot Spot Auto, located ENTRANCEWAY at 700 Military Road. (ITEM NO. 23, C.C.P., MAY 27, 2003) PASSED That the Commissioner of Public Works, Parks and AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, Streets be, and he hereby is authorized to issue a FONTANA, FRANCZYK, GOLOMBEK, GRANT, "mere license" to Joseph A. Petrella, as agent, acting LOTEMPIO, MARTINO, THOMPSON - 11 NOES on behalf of LCO Building LLC, located at 726 PITTS- 1 Exchange Street, to construct an entranceway, which would encroach city right-of-way at said address, NO. 97 subject to the following conditions: USED CAR DEALER LICENSE - 609 WALDEN 1. That the applicant obtains any and all other City of (ITEM NO. 32, C.C.P., MAY 13, 2003) Buffalo permits and/or approvals necessary to construct That the above item be, and the same hereby is the entranceway. returned to the Common Council without 2. That the entranceway be constructed exactly recommendation. as shown on plans submitted to and approved by the Mr. Fontana moved: Department of Permit and Inspection Services. That pursuant to Chapter 254 of the City Code, the 3. That the applicant be responsible for Commissioner of Permit & Inspection Services be, and relocation of any underground utilities effected by the he hereby is authorized to grant a Used Car Dealer new entranceway. license to Anthony LaBoy d/b/a Excel Motors, located at 4. That the applicant be responsible for 609 Walden. maintenance of said entranceway as long as it remains AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, within City right of way. FONTANA, FRANCZYK, GOLOMBEK, GRANT, 5. That the applicant supply the Department of LOTEMPIO, MARTINO, THOMPSON - 11 NOES Public Works, Parks and Streets with a certificate of PITTS- 1 insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage NO. 98 arising out of the construction, maintenance, use and USED CAR DEALER LICENSE - 669 BAILEY removal of said entranceway AVENUE PASSED (ITEM NO. 34, C.C.P., MAY 27, 2003) AYES - 12 NOES - 0 That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and NO. 103 he hereby is authorized to grant a Used Car Dealer RESTAURANT DANCING CLASS IV - 115 WEST license to Mohamed Alawdi d/b/a M and N Auto CHIPPEWA Services, located at 669 Bailey Avenue. (ITEM NO. 3 1, C.C.P., MAY 27, 2003) AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, That pursuant to Chapter 150 of the City Code, the FONTANA, FRANCZYK, GOLOMBEK, GRANT, Commissioner of Permit & Inspection Services be, and LOTEMPIO, MARTINO, THOMPSON - 11 NOES he hereby is authorized to grant a Restaurant Dancing PITTS- 1 Class IV License to Brian J. Ruffino, d/b/a Chippewa St. Grille, located at 115 West Chippewa. NO. 99 PASSED WHOLESALE JUNK DEALER-669 BAILEY AYES - 12 NOES - 0 (PERMITS) (CCP#3 8-MAY 27, 03) NO. 104 That the above item be and the same hereby is UNIVERSOUL CIRCUS - REQ. EXTENSION OF received and filed. PARK HOURS ADOPTED (ITEM NO. 58, C.C.P., MAY 27, 2003) That the above item be, and the same hereby is NO. 100 returned to the Common Council without USED CAR DEALER LICENSE - 160 CAMBRIA recommendation. (ITEM NO. 35, C.C.P., MAY 27, 2003) Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the That the UniverSoul Circus be granted an additional Commissioner of Permit & Inspection Services be, and 2-hour closing period until 11: 59 p.m. for the use of he hereby is authorized to grant a Used Car Dealer Martin Luther King, Jr. Park between the dates of June license to Robert Wilson d/b/a Weco Tire Distributors, 6 through June 25, 2003. located at 160 Cambria. PASSED AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, AYES - 12 NOES - 0 FONTANA, FRANCZYK, GOLOMBEK, GRANT, NO. 105 SUBARU BUFFALO 4 MILE CHASE Article 6, Section 6-14 of the Charter of the City of (ITEM NO. 122, C.C.P., MAY 27, 2003) Buffalo be hereby amended as per the attached. That the 23 d Annual Subaru Buffalo 4 Mile Chase Passed race area is hereby designated as an area in which AYES - 12 - NOES - 0 neighborhood merchants are allowed, as always, to sell their wares and that illegal vendors are prohibited from No. 109 soliciting during this event. Local Law Intro. No. 4 (2003) - Boundaries of ADOPTED Empire Zones Community Development (Item No. 127, C.C.P., May 27, 2003) (Antoine M. Thompson, Chairman) That the Local Law as contained in Item No. 127, C.C.P., May 27, 2003, be and the same hereby is No. 106 approved. Prop. Lease Agree.-450 Exchange St.-Graphic Passed Controls (Hrg. 6/10) AYES - 12 - NOES - 0 (CCP# -05/27/03) That the above item be and the same is returned to the No. 110 Common Council without recommendation. A. Thompson-M. Barron-Boundary Revisions 2003 RECOMMENDED BY THE COMMITTEE ON (CCP#68-Mar. 4, 03) COMMUNITY DEVELOPMENT That the above item be and the same hereby is A public hearing has been set, before the Common received and filed. Council, at this regularly scheduled meeting, on the ADOPTED above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. No. 111 On a motion by Mrs. LoTempio, seconded by Mr. Davis K-Mart Fall Back the item is properly before the Common Council, and (CCP#152-Jan. 21, 03) the hearing is opened. That the above item be and the same hereby is CARRIED. received and filed. Appearances - Mary Ann De Marco – BURA, B. Davis ADOPTED Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Davis No. 112 That Graphic Controls was duly approved to lease 450 B. Davis-E. Lefebvre-Main Place Lib. Exchange Street by the Buffalo Urban Renewal Grp.-Conc.-Dev. Of Prop. -Ct./Franklin (CCP#56-Mar. Agency, and is now hereby approved as the Lessee of 4,03) 450 Exchange Street. That the above item be and the same hereby is That the Mayor, the Chairman, Vice-Chairman, or any received and filed. officer of the Buffalo Urban Renewal Agency is hereby ADOPTED authorized to execute the Lease necessary in accordance with the terms of said Agreement and for No. 113 the consideration recited therein. A. Colucci-D. Bonifacio-C. DelPrince-Conc./Prob. -Downtown Cent. Bus. Dist. PASSED (CCP#60-Mar. 18, 03) AYES - 12 - NOES – 0 That the above item be and the same hereby is received and filed. ADOPTED NO. 107 Lease - Graphic Control - 450 Exchange Street No. 114 (Item No. 8, C.C.P., May 27, 2003) P. Hotung-Main Pl. Lib. Grp.-D. Bonifacio-C. \That the above item be, and the same hereby is DelPrince-Conc./Prob-Dwntwn. Bus. Dist. returned to the Common Council without (CCP#67-Mar. 18, 03) recommendation. That the above item be and the same hereby is Mr. Thompson Moved: received and filed. That the above mentioned item be and the same is ADOPTED hereby received and filed. Adopted. No. 115 D. Bonifacio-C. DelPrince-Conc./Prob. -Downtown No. 108 Cent. Bus. Dist (#60, 2/18) NYS Empire Zone #74 - Revision to Boundary (CCP#102-Mar. 18,03) Description That the above item be and the same hereby is (Item No. 129, C.C.P., May 27, 2003) received and filed. That the City of Buffalo requests a boundary revision ADOPTED from the New York State Department of Economic Development to: No. 116 a. The City of Buffalo would like to add a total of 133.03 D. Bonifacio-C. DelPrince-Conc./Prob.-Dwntwn acres of land to the Empire Zone for the attached Cent. Bus. Dist. (Strat. Plan.) (#5,3/4) additions. (See attachment A as attached to the (CCP#103-Mar. 18,03) above-communication CCP # 129 5/27/03) That the above item be and the same hereby is b. The City of Buffalo would like to landbank a total of received and filed. 20 acres to be ADOPTED designated as future development arises. That, if the boundary revision is approved by the New No. 117 York State Department of Economic Development, that A. Thompson-MLK Jr. Cult. Dist. & Cult. Corr./Strat. That the above item be, and the same hereby is Pl. Masten Dist. returned to the Common Council without (CCP9100-May 14,03) recommendation. That the above item be and the same hereby is Mr. Thompson moved that the above item be received and filed. recommitted to the Committee on Community ADOPTED Development. ADOPTED No. 118 Renaming Kensington Expressway and Humbolt No. 125 Parkway Transfer of Title, Urban Homestead - 303 Maple (Item No. 133, C.C.P., Oct. 15, 2002) Street (Item No. 30, C.C.P., Dec. 26, 2000) (Item No. 6, C.C.P., Apr. 29, 2003) That the above mentioned item be and the same is That the above item be, and the same hereby is hereby received returned to the Common Council without and filed. recommendation. Adopted. Mr. Thompson moved that the above item be recommitted to the Committee on Community No. 119 Development. A. Thompson-H. Boggio-Ken. Exp. Safety Study ADOPTED Presentation (CCP#76-June 25, 02) NO.126 That the above item be and the same hereby is Transfer of Title, Urban Homestead - 113 Mulberry received and filed. Street ADOPTED (Item No. 18, C.C.P., Feb. 18, 2003) (Item No. 156, C.C.P., Apr. 15, 2003) No. 120 That the above item be, and the same hereby is A. Thompson-Route 33-Kensington Expressway returned to the Common Council without Safety Study Report recommendation. (CCP#77-Oct. 1, 02) Mr. Thompson moved that the above item be That the above item be and the same hereby is recommitted to the Committee on Community received and filed. Development. ADOPTED ADOPTED No. 121 SPECIAL COMMITTEES A. Thompson-Concentrated Code Enf Project No. 2 MINORITY BUSINESS ENTERPRISE COMMITTEE Hamlin Pk. (CHARLEY H. FISHER III, CHAIRMAN) (CCP481 -Feb. 18, 03) That the above item be and the same hereby is NO. 127 received and filed, A. THOMPSON-D. HAYES-CORRES.-C. ADOPTED HALLIGAN-EST. OF MIN/WOM. BUS. ENT GOALS/REQ No. 122 (CCP#65-MAY 27, 03) R. Ammerman & O-Concerns-Boone Park (CP) That the above item be and the same hereby is (CCP#15-Apr. 15,03) received and filed. That the above item be and the same hereby is ADOPTED received and filed. ADOPTED NO. 128 J MINTER & O-SUPP. PROJ. LABOR AGREEMENT No. 123 (CCP#96-MAR. 6, 03) Transfer of Title, Urban Homestead - 23 Boehm That the above item be and the same hereby is Street received and filed. (Item No. 12, C.C.P., Apr. 1, 2003) ADOPTED (Item No. 153, C.C.P., Apr. 15, 2003) That the city-owned property commonly known as 23 NO. 129 Boehm Street, is hereby designated as Homestead T. BURKE-CONCERN-UNION/APPRENTICE PART. Property, and that the Mayor be, and he hereby is IN COB PROJECTS authorized to execute a deed transferring said property (CCP#80-DEC. 12, 02) to Mrs. Thelma V. Jones, residing at 19 Boehm Street, That the above item be and the same hereby is in the amount of S 1.00 (One Dollar), and all costs of received and filed. transfer, on the condition the property is cleared and ADOPTED improved within six (6) months and maintained in a sanitary manner. NO. 130 Passed. T. BURKE-CONCERNS-UNION/APPR. PART. IN COB AYES - 12 - NOES - 0 PROJ. (BMI-IA) (CCP#40-JAN. 9, 03) No. 124 That the above item be and the same hereby is Transfer of Title, Urban Homestead - 194 Locust received and filed. Street ADOPTED (Item No. 17, C.C.P., Jan. 21, 2003) (Item No. 154, C.C.P., Apr. 15, 2003) NO. 131 SMALL BUSINESS ACCELERATED PAYMENT The City Clerk be directed to send certified copies of PROGRAM this resolution to Governor Pataki, to Assembly (ITEM NO. 68, C.C.P., NOV. 27, 200 1) Speaker Sheldon Silver, to the clerk of the Assembly, to That in addition to the social justice and economic Senate Majority Leader Joseph Bruno, to the Secretary development benefits of an accelerated program, this of the Senate and to the members of the Western New Council endorses the establishment of the program York legislative delegation. because it should save taxpayers money as businesses ADOPTED will no longer have to build the costs of 46waiting to get paid" into their bids for City of Buffalo projects. NO. 134 ADOPTED BY- MR. COPPOLA, MR. GOLOMBEK, AND MR. BONIFACIO AND MRS. MARTINO NO. 132 MANDATORY ATTENDANCE FOR STATUS/UPDATE COB EEO/AFFIRM. ACTION PLAN COUNCILMEMBERS AT REGULARLY SCHEDULED (#65, 10/30) (COM. SVS.) COMMON COUNCIL BUDGET HEARINGS (CCP#40-JAN. 8, 03) Whereas: Each year the Mayor of the City of Buffalo That the above item be and the same hereby is submits his recommended budget to the Common received and filed. Council for their review; and ADOPTED Whereas: The recommended budget is sent to the Committee of the Whole where Councilmembers will RESOLUTIONS have the opportunity to question department heads on NO. 133 the specifics of the budget, as well as, discuss possible BY: MR. COPPOLA, MR. THOMPSON,. deletions and additions to the recommended budget; $2.2 BILLION MEDICAID & FISCAL RELIEF and PACKAGE Whereas: The budget process is one of the most Whereas: The City of Buffalo and the State of New important tasks of any legislature and Councilmembers York are facing unprecedented budget problems; and should be required to attend all regularly scheduled Whereas: Congress has approved $2.2 billion in budget hearings and consider it an obligation to the Medicaid and fiscal relief for New York State, as part of taxpayers that they represent to review the the economic stimulus agreement based on the recommended budget; and provisions of the local aid bill introduced by Senator Whereas: Failure to attend any or all of the Common Charles E. Schumer and Senator Olympia Snowe in Council Budget Hearings shows a lack of interest January; and in the city finances and is irresponsible to the Whereas: In accordance with the provisions set forth in taxpayers, who elected the members of this Council that bill, New York State has received $2.2 billion in and deserve to be represented during the budget unanticipated revenue, with over $1.5 billion to help pay process; and for Medicaid expenses; and Whereas: Other Boards, who are paid a stipend, in the Whereas: of the $1.5 billion allocated to help pay for City of Buffalo are required to attend all scheduled Medicaid expenses, New York State will receive $945 meetings or their stipend will be withheld, such as the million and localities, specifically New York State's Zoning Board Counties, will receive $555 million for Medicaid Now, Therefore Be It Resolved- expenses; and That this Common Council requests that Corporation Whereas: In addition to $1.5 billion allocated to assist Counsel draft a local law requiring Councilmembers to the state and its counties in paying for Medicaid attend all regularly scheduled Budget Hearings; and expenses, $700 million of the $2.2 billion federal aid Be It Further Resolved: package is to be used for fiscal relief, and That this local law include that a Councilmember can Whereas: The original Senate Bill introduced by only miss a budget hearing if he/she is excused by Schumer and Snowe would have sent forty (40) two-thirds vote of the Common Council, and any percent of the $700 million directly to local Councilmember who misses a budget hearing without governments; and being excused will be subject to a deduction equivalent Whereas: The final version of the bill directs the entire to one day's salary for each budget hearing that is $700 million to New York State to be allocated as State missed. officials see fit; and REFERRED TO THE COMMITTEE ON LEGISLATION Whereas: Given its current financial predicament, the AND THE CORPORATION COUNSEL City of Buffalo is faced with the need to borrow funds totaling $25 million in order to restructure; and NO. 135 Whereas: If New York State allocates a portion of the BY: MR. DAVIS unanticipated $700 million fiscal relief package that it PERMISSION TO HANG BANNERS AND AMERICAN has received from the federal government to the City of FLAGS - SUMMER EVENTS ON CHIPPEWA STREET Buffalo to fund these reforms, the City's need to borrow Whereas: The Chippewa Entertainment District funds could be eliminated and a significant savings Association would like to advertise summer events on realized by taxpayers. Chippewa Street - Chippewa Cruiser Tuesdays; and Now, Therefore Be it resolved: Whereas: In order to This Common Council urges the Governor, the New promote the events, the Chippewa Entertainment York State Assembly and the New York State Senate to District Association is requesting permission to hang a share a portion of the $700 million fiscal relief package banner on Chippewa Street between Delaware Avenue allocated to the State of New York by the federal and Franklin Street; and government with the City of Buffalo and other struggling Whereas: The Chippewa Entertainment District cities. Association is also requesting permission to install Be It Further Resolved: American Flags on the below listed lightposts located on: Delaware Avenue: three (3) south and three (3) north of 2. That the Urban Renewal Plan Project area is Chippewa St. substandard and tends to impair or arrest the sound Chippewa Street: 16 between Pearl and Delaware growth and development of the municipality; Avenue 3. That the Plan as herein approved has been duly Franklin Street: three (3) south and three (3) north of reviewed and conforms to the comprehensive plan for Chippewa St. the development of the municipality and the community Now, Therefore, Be It Resolved: as a whole; That the Common Council of the City of Buffalo grants 4. That the plan affords maximum opportunity to private permission to the Chippewa Entertainment District enterprise, consistent with the sound needs of the Association to hang the banner and American Flags municipality as a whole, for the undertaking of an urban advertising summer event; and renewal program; Be It Further Resolved: 5. That the Mayor is hereby authorized to execute any Chippewa Entertainment District Association will have and all deeds or other documents necessary to acquire to request the permission of the businesses that will and convey lands in the Urban Renewal Area to the have the banners affixed to their structures, and will City of Buffalo or the Buffalo Urban Renewal Agency, purchase the necessary bond before the banners are upon the approval of said deeds or other documents by hung; the Corporation Counsel; and Be It Further Resolved That: 6. That the City of Buffalo and the Urban Renewal That said banners and flags will hang on Chippewa Agency are hereby authorized to acquire by gift, grant, Street between Delaware Avenue and Franklin Street purchase, devise, condemnation, eminent domain or from June 14, 2003, through September 5, 2003; and otherwise the property located within the Project area, Be It Finally Resolved: as defined within said Plan, in furtherance of the Urban That said banners and flags meets all the requirements Renewal Plan. of pertinent City departments and that no existing laws REFERRED TO THE COMMITTEE ON COMMUNITY are violated. DEVELOPMENT PASSED AYES - 12 NOES – 0 NO. 137 BY: COUNCILMEMBER DAVIS NO. 136 SET PUBLIC HEARING, OAK STREET BY: COUNCILMEMBER DAVIS REDEVELOPMENT URBAN RENEWAL PLAN OAK STREET REDEVELOPMENT URBAN WHEREAS, the Common Council of the City of RENEWAL PLAN Buffalo has approved the Oak Street Redevelopment WHEREAS, the Common Council of the City of Urban Renewal Plan at it's May 5, 1970 meeting Buffalo has approved the Oak Street Redevelopment (C.C.P. No. 170); and Urban Renewal Plan (Item # 170, C.C.P., May 5, 1970); WHEREAS, the City Planning Board, upon conducting and appropriate Urban Renewal treatment, as defined a public hearing held on May 6, 2003, did consider said in Article 15 of the New York State General Municipal Plan amendments, prepared by the Office of Strategic Law, and Planning and approved the proposed amendments to WHEREAS, the City Planning Board, upon conducting the Urban Renewal plan at its meeting of May 6, 2003, a public hearing, held on May 6, 2003, did consider the and did submit its report and unqualified Urban Renewal Plan amendments to allow for less than recommendations respecting said Plan amendments to 20' setback, a building height of approximately three the Common Council: and stories and grant the City Planning Board the ability to WHEREAS, Article 15 of the General Municipal Law waive minor area and use requirements for the parcel requires that an Urban Renewal Plan be approved only of land designated 8D, specifically, as prepared by the after a public hearing is conducted by the governing Office of Strategic Planning and approved the proposed body, upon due notice: at it's meeting of May 6, 2003, and did submit its report NOW, THEREFORE, BE IT RESOLVED: and 1 . That the City Clerk is hereby directed to publish unqualified recommendations respecting said Plan to the notice attached hereto and marked "Notice of the Common Council; and Hearing" for five (5) consecutive days in the WHEREAS, the proposed Urban Renewal Plan Buffalo News and the City Record, beginning no conforms to and furthers the implementation of the later than the 10th day of June, 2003; and Comprehensive Plan for the City of Buffalo, and 2. That this Common Council will conduct a furthers the development of the community as a whole public hearing on the matters stated in said "Notice of and is consistent with local objectives as determined by Hearing" at 2:00 p.m. in the Common Council the City Planning Board; Chambers, 1308 City Hall on June 24, 2003. WHEREAS, the Urban Renewal Plan will implement a ADOPTED program of site assembly and redevelopment to upgrade the area along with other private and public AMENDED RESOLUTION improvements to encourage participation in these NO. 138 programs by private enterprise; BY: BRIAN C. DAVIS, NOW, THEREFORE, BE IT RESOLVED BY THE PERMISSION TO RENAME NORTH CARROLL COMMON COUNCILOF THE CITY OF BUFFALO: PLACE BETWEEN SENECA AND EXCHANGE 1 .That the "Oak Street Redevelopment Urban Renewal STREET Plan Amendments", as prepared by the Office of Whereas: The Buffalo Transportation Pierce-Arrow Strategic Planning, and as approved by the City Museum is in the process of building a Frank Lloyd Planning Board and the Buffalo Urban Renewal Wright designed gas station next to the current Agency, be and the same are hereby approved; Pierce-Arrow Auto Museum; and Whereas: The Frank Lloyd Wright gas station will Whereas: Parents of students at Turner Carroll have commemorate a historic event in the City of Buffalo formed committees to keep Turner Carroll High School attracting new tourism in the area; and open; and Whereas: The Buffalo Transportation Pierce-Arrow Whereas: The parents goals are to increase enrollment Museum is requesting the City of Buffalo to change at the school and increase fund raising to offset rising North Carroll Place between Seneca and Exchange costs; and Streets to "Frank Lloyd Wright Way". Now, Therefore, Be It Resolved: That the City of Buffalo Now, Therefore, Be It Resolved: Common Council go on record in support of Turner That the Common Council of the City of Buffalo Carroll High School staying open; and approves of the name changing of North Carroll Place Be It Further Resolved: That the Buffalo Common between Seneca and Exchange Streets to "Frank Lloyd Council as that the Buffalo Catholic Diocese grant Wright Way"; and Turner Carroll High School a year extension to remain Be It Further Resolved: open in an attempt to chart a prosperous action plan to That this Common Council requests that the run the High School with less dependency of the Department of Public Works and the City Administration Diocese subsidy; and take the appropriate steps necessary to change North Therefore Be It Finally Resolved: That certified copies Carroll Place between Seneca and Exchange Streets to of this resolution be sent to Bishop Henry Mansell of the "Frank Lloyd Wright Way". Buffalo Catholic Diocese. Be It Finally Resolved: ADOPTED That copies of this resolution be sent by certified mail to New York State Senator Byron Brown, NO. 141 Assemblywoman Crystal Peoples, The State BY: MR. GOLOMBEK AND MR. BONIFACIO Department of Transportation, Erie County Department FINANCIAL CONTROL BOARD FOR THE CITY OF of Transportation, The Buffalo Police Department, The BUFFALO Buffalo Fire Department, and The Niagara Frontier Whereas: It appears that a Financial Control Board is Transportation Authority. immanent for the City of Buffalo, and REFERRED TO THE COMMITTEE ON LEGISLATION, Whereas: The reason the THE COMMISSIONER OF PUBLIC WORKS, THE City of Buffalo finds itself in the economic situation is COMMISSIONER OF FIRE AND THE CORPORATION due to bad political leadership over the past forty years, COUNSEL and Whereas: Many of these same people - whose advice, NO. 139 leadership, special interests and personal goals served BY: MR. FONTANA to place the City in its current plight - have been DISCHARGE LEGISLATION COMMITTEE mentioned as potential members of the Control Board, ITEM #107 C.C.P. MAY 27, 2003 and "M. MARTIN O-CONTRACTS-EDW. COTTER Whereas: It is imperative that the best and the brightest FIREBT/HUNTNGTN. TALL - not the well connected or the most generous SHIPS EVENT 2003 (#55, 4/15, #102, 4/29) contributors - are selected to direct the City of Buffalo Whereas: The above item is currently in the back towards prosperity, and Legislation Committee; and Whereas: Realizing that it is necessary to have drastic Whereas: It is no longer necessary for this item to be change rather than the typical government as usual in considered by that committee; Western New York - it is imperative that the powers Now, Therefore Be it Resolved: creating the Control Board be directed to look not That this Common Council does hereby discharge the towards those who have made the mess in Legislation Committee from further consideration of the region but to search outside the usual cast of local Item 107, C.C.P. May 27, 2003, "M. characters. Martino-Contracts-Edw. Cotter Firebt/Huntngtn. Tall Therefore Be It Resolved: Ships Event 2003 (#55, 4/15, #102, 4/29)" and said That this Honorable Body recognizes that a Financial item is now before the Common Council for its Control Board may be immanent because the same old consideration. tired political solutions to solve the problems of the City Seconded by: Mrs. Martino of Buffalo have not been successful. To help ensure its That the above item be and hereby is approved success this Common Council realizes that financial PASSED professionals need to serve on the Control Board, not AYES - 12 NOES – 0 politicians, and Be It Further Resolved: NO. 140 This Honorable Body implores upon the New York BY: MR. FONTANA & ALL COUNCILMEMBERS State Legislature to put together a Financial Control TURNER/ CARROLL HIGH SCHOOL Board that is made up of municipal finance experts from PLEA TO BISHOP HENRY MANSELL TO KEEP across the state and nation with no direct ties to the TURNER CARROLL HIGH SCHOOL OPEN. political or business community in Erie County, and Whereas: Turner Carroll High School has served the Be it Further resolved Buffalo Region faithfully for many tears in Buffalo's that certified copies of this resolution be sent to all Schiller Park neighborhood; and parties who are named to the control board at the Whereas: Turner Carroll offered students a Catholic present time Educational choice in an era where school choice Be It Finally Resolved: issues are burgeoning; and That this Control Board be given the authority to deal Whereas: Turner Carroll academic and athletic with all financial problems in the City of Buffalo as well achievements over the years have brought a great as the authority to correct forty years of fiscal and sense of accomplishment to the East Side of our city; political mismanagement. and ADOPTED AYES – BONIFACIO, COPPOLA, FISHER, FONTANA, 10700030 - 379002 - Insurance Recovery General City FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO, Revenue $10,000 THOMPSON – 9 NOES – DAVIS, GRANT, PITTS - 3 To meet the increased appropriation as set forth below: To: NO. 142 12022006 - 443302 - Police Fleet Maintenance Vehicle BY: MR. GOLOMBEK AND MR. FRANCZYK Body Repair $10,000 MEMORIALIZE ERIE COUNTY TO ADOPT PASSED ANTI-SPRAWL MEASURES AYES - 12 NOES - 0 Whereas: The City of Buffalo has lost half its population over the past 50 years. During the same NO. 144 period the population of Erie County did not experience BY: MRS. LOTEMPIO a loss of similar proportions. In fact several of the out EXCUSE COUNCILMEMBER GRAY FROM COUNCIL lying suburbs have seen large population increases. MEETING. This is as clear of an indication of urban sprawl as there Whereas: Councilmember Beverly Gray will be unable could be; and to attend the Whereas: As strip malls and sub-divisions were built in Council meeting on Tuesday, June 10, 2003, these outlying suburbs to serve the new residents, the Now, Therefore, Be It Resolved: shopping districts and neighborhoods of the City of That the Common Council excuses Councilmember Buffalo that once served those residents deteriorated; Beverly Gray from attending the Tuesday, June 10, and 2003, Common Council meeting. Whereas: Revenues derived from the taxpayers of the ADOPTED City of Buffalo went to help the suburbs grow. Those monies were used to build new highways and widen NO. 145 roads when they should have been used to strengthen BY: MRS. LOTEMPIO, MR. BONIFACLO AND MR. city neighborhoods and help stabilize city business DAVIS districts; and CHAMELEONWEST ALLENTOWN MUSIC AS ART Whereas: When new subdivisions and strip malls are FESTIVAL 2003 built they must have access to the infrastructure Whereas On the 14 and 15th of June 2003, running of the Erie County Department of Environrnent and alongside the Allentown Art Festival at the comer of Planning. This reality provides a method that Erie Franklin and Allen Streets, Chameleonwest Studios, County can use to abate the problem of sprawl by along with Red Cape Enterprises, and 103.3 The Edge, prohibiting new connections to its sewer system, and wish to present a 2 day Music and Art Festival featuring Whereas: Many suburban communities are already over 30 area bands and musicians participating in a 2 taking anti-sprawl positions by fighting against new day marathon recording session along with local artists subdivisions and "big box" chain store developments; displaying their "left of center" work on the premises at and 5 10 Franklin Street; and Whereas: It is time to end the sprawl in Erie County Whereas: With 2 alternating stages, one being framed that is harming the City of Buffalo, the regional hub of by floor to ceiling windows looking into live in studio Erie County. recording sessions in the Chameleon west Live Room, Now, Therefore, Be It Resolved That: and another a smaller ensemble stage outside, This Common Council does hereby memorialize Erie Chameleon west plans to record 15 acts a County to take measures to end the sprawl that is not day, varying from jazz to metal, folk, punk, electronic, only killing the City of Buffalo but will drag down the and more as part of a CD/DVD release to be sold inner ring suburbs as well; and locally to raise money for Roswell Park and Camp Now, Be It Further Resolved That: Good Days; and This Honorable Body requests the Eric County Whereas: In Item No. 112, C.C.P., May 13, 2003, the Department of Environment and Planning adopt a Council authorized the Allentown Village Society, Inc. to moratorium on new connections to its infrastructure and conduct the 46 1h Annual Allentown Outdoor Art concentrate on maintaining the existing system; and Festival on the weekend of June 14 and 15, 2003 with Now, Be It Finally Resolved That: various caveats and restrictions; and The Common Council requests the City Clerk to send Whereas: That resolution may be construed in such a certified copies of this resolution to the Erie County way as to prohibit the Chameleon west Allentown Executive, Erie County Legislature and Erie County Music as Art Festival from taking place; and Department of Environment and Planning and Buffalo Whereas: It is the desire of the City of Buffalo that both Sewer Authority events take place to further broaden and enhance the beginning of the City's summer festival season; and NO. 143 Now Therefore Be It Resolved: BY: MRS. GRANT That notwithstanding the authorization granted in Item INCREASED APPROPRIATION No. 112, C.C.P., May 13, 2003, the Common Council DEPARTMENT OF POLICE does hereby grant permission to Charneleonwest That, Pursuant to §20-11 of the Charter and the Studios, 103.3 The Edge and Red Cape Productions to Certificate of the Mayor and the Comptroller submitted conduct the Chameleonwest Allentown Music as Art to the Common Council, the appropriation in the budget Festival 2003 at 5 10 Franklin Street on June 14 and for the current fiscal year for Appropriation Allotments 15, 2003. Department of Police - Fleet Maintenance Vehicle Body ADOPTED Repair, be and the same hereby is increased in the sum of $10,000. NO. 146 That, the comptroller be and hereby is authorized and MRS. LOTEMPIO MOVED. directed to increase the revenue estimate of account: AMENDMENT FOR ALLENTOWN ART FESTIVAL From: Whereas: The Allentown Village Social has requested Whereas: Verizon has cut approximately 4,000 Jobs in an amendment to the resolution authorizing the New York State last year and anticipates an additional Allentown Art Festival, and 1,300 cut this year; and Whereas: It is believed this request will satisfy the Whereas: Verizon connects 10.7 million access lines needs of the Allentown Village statewide which is an estimated 82% of local telephone Society, customers, and Now Therefore Be It Resolved: That the authorization Whereas: The Public Service Commission has the granted in Item No 112 CCP May 13, 2003 is hereby ability to penalize Verizon for missing service amended as follows That paragraph 1 is amended to targets; and read Art or Craft exhibitors may be located within the Whereas: An inspection of telephone poles and lines in events area as defined in the original resolution That the City of Buffalo shows a blatant disregard for the remainder of paragraph 1 be deleted and that the industry standard; and rest of the resolution shall be unchanged and will Whereas: In addition to remain in effect as originally enacted delay of repairs and installation, unsafe wiring, PASSED telephone poles not sunk in the ground, telephone AYES - 12 - NOES - 0 poles tied to existing poles and numerous other violations exist in the City of Buffalo and surrounding NO. 147 areas. BY: MRS. MARTINO Now, Therefore, Be It Resolved: NIAGARA FRONTIER TRANSPORTATION A Certified Copy of this resolution and pictures be sent AUTHORITY (NFTA) APPLICATION FOR A GRANT to Richard Brodsky, Chair of the Assembly's Committee FOR THE OUTER HARBOR BROWNFIELD on Corporation, Authorities and Commissions, and to GREENBELT PROJECT the Public Service Commission Chairman, William F. Whereas: Title 11 of the Environmental Protection Flynn. Fund provides for State assistance to municipalities Be It Finally Resolved: for local waterfront revitalization projects; and That this Honorable Body convene a public hearing with Whereas: The Niagara Frontier Transportation Authority members and or representatives of the Public Service (NFTA) wishes to apply for a grant to assist in the Commission, City of Buffalo Electrical Inspectors, City development of the NFTA-owned Outer Harbor of Buffalo Office of Telecommunications and members Brownfield Greenbelt Project at Furhmann of the community to address the numerous unsafe Boulevard; and conditions that exist. Whereas: The NFTA has been a successful applicant in ADOPT RESOLVES AND REMINDER TO THE the past, for such grants, with the City of Buffalo as the COMITTEE LEGISLATION lead agency; and Whereas: The City of Buffalo has been requested, by NO. 149 the NFTA to assist them, by agreeing to act as the lead BY: MR. THOMPSON agency for the submission of the aforesaid application; ORDINANCE AMENDMENT and CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE Whereas: The NFTA will provide all of the required local The Common Council of the City of Buffalo does matching funds for the project and the NFTA shall be hereby ordain as follows: responsible for complying with all items and conditions That Section 216-10 of Chapter 216 of the Code of the set forth in the grant. City of Buffalo be amended to read as follows: Now, Therefore, Be It Resolved: § 216-10. Rewards. City of Buffalo will incur no obligation to NFTA or any A reward of [$500] $1,00 is hereby offered to the other entity in performing this service; and person or persons who furnish information leading to Be It Further Resolved- the apprehension, arrest and conviction of anyone The Mayor is authorized to execute all relevant found guilty of illegal dumping within the City of Buffalo documents to facilitate the application. The Mayor is as set out in this chapter. Such reward shall not apply authorized to accept the grant award, should it be to any employee, agent or servant of the City of Buffalo tendered by the State. who acquires such information during the discharge of Be It Finally Resolved: his official duties. All claims for such reward must be City of Buffalo will transfer to NFTA, any and all made to the City of Buffalo within 90 days after the Environmental Protection Fund grant proceeds that are conviction of any such person or persons. received by the City of Buffalo, as a result of this It is hereby certified, pursuant to Section 3-19 of the application. Charter, that the immediate passage of the foregoing PASSED ordinance is necessary. AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, APPROVED AS TO FORM FONTANA, FRANCZYK, GOLOMBEK, GRANT, NOTE: Matter in brackets to be deleted; matter under- LOTEMPIO, MARTINO, THOMPSON - 11 NOES – lined is new, PITTS - 1 PASSED AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, NO. 148 FONTANA, FRANCZYK, GOLOMBEK, GRANT, BY- MRS. MARTINO, MR. FONTANA, AND MR. LOTEMPIO, MARTINO, THOMPSON - 11 NOES – FRANCZVK PITTS - 1 TELEPHONE POLE CONDITIONS IN THE CITY OF BUFFALO AND SURROUNDING AREA NO. 150 Whereas- The Public Service Commission's recent BY: MR. THOMPSON quarterly report of Verizon points out significant delays REQUESTFOR TRAILBLAZING SIGN ON EAST for repairs and installations; and UTICA STREET BETWEEN WOHLERS AVENUE AND THE WESTSIDE OF HUMBOLDT .That the Common Council of the City of Buffalo hereby PARKWAY grants St. Mary's School of the Deaf permission to hang Whereas Dr. Ivery Daniels, the son of share croppers 20, 24 " X 68 " banners on the Main Street from June farmers, was born in Timmonsville, South Carolina in 15, 2003 to July 1, 2004 in accordance with all early 1950's; and conditions, restrictions, requirements, and any other Whereas: Dr. Ivery Daniels attended Buffalo Public relevant regulations as set forth by the City of Buffalo's Elementary Schools, and graduated from Hutchinson Department of Public Works, Parks, and Streets Central High School with high honors in chemical Sanitation. science; and PASSED Whereas: Dr. Ivery Daniels demonstrated his ability to AYES - 12 NOES – 0 spiritually guide and lead others from a very young age; and NO. 152 Whereas: Dr. Daniels served as a role model, educator, BY: MR. THOMPSON counselor, and civil rightsadvocate to the White Rock SECTION 108 LOAN FUNDS/ECONOMIC Missionary Baptist Church community for nearly 35 DEVELOPMENT INITIATIVES GRANT (EDI) years; and [CENTRAL PARK PLAZA REDEVELOPMENT Whereas: Dr. Daniels has also undertaken a community PROJECT.] (/I IT C garden and vacant lot maintenance program to beautify WHEREAS, Section 108 of the Housing and and restore the surrounding community to its original Community Development Act of 1974 authorizes a splendor; and program of community development loan guarantee Whereas On June 8, 2003, The While Rock Baptist will assistance (Section 108 or Section 108 Program). celebrate the birth of Dr. Ivery Daniels as well as 35 Under the Section 108 Program, the Department years of his spiritual leadership; and provides metropolitan cities and urban counties that Whereas: In honor of Dr. Ivery Daniels, 7he White Rock receive entitlement grants (entitlement public entities) Baptist Church has respectfully requested that this with front-end financing for large-scale community and Honorable Body designate the section of East Utica economic development projects that cannot be financed Street between Wohlers Avenue and the West Side of from annual grants; and Humboldt Parkway "Dr. Ivety Daniels Way"; and WHEREAS, The United States Department of Housing Now Therefore Be It Resolved That. and Urban Development has published rules and The Common Council of the City of Buffalo does hereby regulations governing the eligibility requirements and approve the While Rock Baptist Churchs request to administration of the Section 108 Program; and implement a trailblazing sign for the section of East WHEREAS, The City of Buffalo satisfies all the eligibility Utica Street between Wohlers Avenue and the West criteria established by the United States Department of Side of Humboldt Parkway as "Dr. Ivery Daniels Way Housing and Urban Development; and PASSED WHEREAS, An Economic Development Initiative (EDI) AYES - 12 NOES - 0 Grant was approved for this Project in the 2001 Notice of Funding Availability (NOFA) round. and NO. 151 WHEREAS, The Project is not eligible to receive the BY: MR. THOMPSON $1,000,000 EDI Grant unless it is in conjunction with a REQUEST FOR PERMISSION TO HANG BANNERS $3,100,000 Section 108 Loan. ON THE MAIN STREET FOR ST WHEREAS, Deadline for submission of the Section 108 MARY'S SCHOOL OF THE DEAF 150' Loan Application is June 30, 2003; and ANNIVERSARY WHEREAS, The Buffalo Economic Renaissance Whereas: St. Alatys School of the Deaf will be Corporation has underwritten the loan request celebrating its 150'h Anniversary throughout the presented by Central Park LLC (the Development 2003-2004 school year; and Team) for a proposed redevelopment of the Central Whereas: As part of this celebration, St. Mary School of Park Plaza into a light industrial & commercial complex; the Deaf will host Deaf Awareness Week from and September 21-2 7, 2 003; and NOW, THEREFORE, BE IT RESOLVED BY THE Whereas: Deaf Awareness Week will be comprised of a COMMON COUNCIL OF THE CITY OF BUFFALO: series of tours to the St. Mary's School of the Deaf, a 1. That the City of Buffalo and the City of Buffalo Urban drama presentation, athletic games, historical Renewal Agency are hereby authorized to enter into a presentations, a mass service at the St. Joseph's Section 108 Loan as follows: Cathedral, and an Anniversary Dinner at the Buffalo a. The Section 108 loan shall be a pass through loan Convention Center; and from the United States Department of Housing and Whereas: To commemorate this event St. Mary's Urban Development. School of the Deaf requests permission to hang 20, b. That the City of Buffalo is hereby authorized to 24 " X 68 " banners on select poles on Main Street; and pledge its Community Development Block Grants as Whereas: Two of the poles that the St. Mary's School security for the Section 108 loan. of the Deaf requests permission to use c. The loan application shall be prepared and currently have banners from previous events on them; administered by the Buffalo Economic Renaissance and Corporation (hereinafter referred to as "BERC"). Whereas: St. Mary's School of the Deaf requests d. The loan shall be granted to the City of Buffalo Urban permission to remove banners from these two poles Renewal Agency (hereinafter referred to as "BURA"). and place their own banners on them; and e. The interest rate assessed will be at the prevailing Whereas: St. Mary's School Section 108 rate plus a '/2 of 1% administration fee, of the Deaf 150'h Anniversary has garnered widespread and the following conditions: support from City residents, businesses, and (1) Approval and authorization of such financing faith-based organizations in the surrounding area; by the Buffalo Urban Renewal Agency. Now Therefore Be It Resolved. (ii) Authorization by the BERC Board of Directors Total Of 32 to submit the Section 108 loan application for financing ADOPTED to the Federal Grantor. 2. That the Mayor of the City of Buffalo and the Director NO. 155 or Interim Director of the Office of Strategic Planning BY: ANTOINE M. THOMPSON acting in their capacities as Mayor and Director, or APPOINTMENTS Chairman and Vice-Chairrnan of the City of Buffalo COMMISSIONERS OF DEEDS Urban Renewal Agency, respectively, are hereby REQUIRED FOR THE PROPER authorized to execute any and all documents deemed PERFORMANCE OF PUBLIC DUTIES necessary by their appropriate legal counsel to effect That the following persons are hereby appointed as this resolution. Commissioner of Deeds for The term ending December REFERRED TO THE COMMITTEE ON COMMUNITY 31, 2004, conditional upon the persons so appointed DEVELOPMENT certifying under oath to their qualifications and filing same with the NO. 153 Jeffery Abraham Mildred Bishop BY: MR. THOMPSON Steve Casey Jennifer Coffey [PUBLIC HEARING - CENTRAL PARK PLAZA Michael Dobies Shiana Eve REDEVELOPMENT PROJECT] Natalie Gibson Christopher Grant [S3,100,000 SECTION 108 LOAN AND A Mary Johnson Dale Larson $1,000,000 ECONOMIC DEVELOPMENT Jessie Maglietto Steven McCarville INITIATIVE GRANT (EDI)L Gregory Peoples Tom Smith WHEREAS: Section 108 of the Housing and Janet Vogtli Calvina Wilkins Community Development Act of 1974 authorized the Carolyn Blackmon Heather Burke Department of Housing and Urban Development to Jeanne Chase Elise Cusack offer Section 108 loans for community and economic Nicole Drye Gregory Falkner development projects that cannot be financed from Frances Giglio Rosalee Hill annual grants; and Michael Johnson Clarence Lott WHEREAS: The proposed Central Park Plaza Stephen Magiott Gary Parenti Redevelopment Project Section 108 Loan requires the Nelson Reid Rosemarie Timm approval of the local governing body. Shera Welsh NOW, THEREFORE, BE IT RESOLVED BY THE TOTAL 31 COMMON COUNCIL OF THE CITY OF BUFFALO: ADOPTED 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Central UNFINISHED BUSINESS Park Plaza Redevelopment Project before the NO. 156 Community Development Committee on June 18, 2001, R. FONTANA-KALEIDA HEALTH HELIPAD at 10:00 a.m. in the Common Council Chambers; and COMMITMENT WOMENS AND CHILDREN'S HOSP. 2. That the City Clerk is hereby directed to publish a (#59-C.C.P., MAY 27, 2003) notice similar to the attached and marked "Notice of Mrs. LoTempio moved that the above item be taken Hearing" in the Buffalo News and the City Record no from the table. Seconded by CARRIED Mrs. LoTempio later then the 11 th day of June 2003. now made a motion to approved said item. Seconded Signed by: by Mr. Fontana City Clerk ADOPTED ADOPTED AYES - 10 NOES - 2 NO. 154 AYES – BONIFACIO, COPPOLA, FISHER, FONTANA, BY: ANTOINE M. THOMPSON FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, APPOINTMENTS MARTINO, THOMPSON - 10 COMMISSIONERS OF DEEDS NOES – DAVIS, PITTS - 2 That the following persons are hereby appointed as Commissioner of Deeds for The term NO. 157 ending December 31, 2004, conditional upon the C. AMBROSE, PETITION TO USE 219 persons so appointed certifying under oath to their BRYANT-PLACEMENT OF HELIPORT-WOMEN AND qualifications and filing same with the City CHILDREN'S Gabrielle Alfieri Mark Campanella HOSPITAL Elaine Cryer Richard Finnegan (#91-C.C.P.,MAY27, 2003) Francesco Giacobbe Renata Giacobbe Mrs. LoTempio moved that the above item be taken Marcus Hill Lisa LaTrovato from the table. Seconded by CARRIED Mrs. LoTempio Susan Moody Aimee Ned now made a motion to approve said item. Seconded by Anthony Panebianco Nicholas Page Mr. Coppola Kevin Rusowicz Nicholas Sinatra PASSED Pamela Teaque Edward Wiley AYES - 10 - NOES - 2 Rudolphus Boans Sal Campanella AYES – BONIFACIO, COPPOLA, FISHER, FONTANA, John Facciponte Franco Giacobbe FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, Paula Giacobbe Jennifer Hemingway MARTINO, THOMPSON - 10 Daniel Kersch Anthony Lipinski NOES – DAVIS, PITTS - 2 Thomas Mullen Claire Oshei Alphonse Patton Randy Paul NO. 158 Joshua Sanders John Stanley Jr ANNOUNCEMENT OF COMMITTEE MEETINGS Louis Turnchiarelli Avery Bates The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13"' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 17, 2003 at 930 o'clock A.M. Committee on Finance Tuesday, June 17, 2003 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, June 17, 2003 at 2:00 o'clock P.M. Committee on Comm Dev. Wednesday, June 18, 2003 at 10:00 o'clock A.M. Committee on Education Wed, June 18, 2003 at 2:00 o'clock P.M. Special Committees Regional GovernanceWednesday, June 11, 2003 at 100 o'clock P.M. in Room 1417 City Hall. Bi-National Bridge Thursday, June 12, 2003 at 100 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided- In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 159 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by MvQft2y, the Council adjourned at 4:55 pm CHARLES MICHAUX, III CITY CLERK