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HomeMy WebLinkAbout03-0527 No. 11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 27, 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 District Police Station. This item was tabled for nearly two years. COMMON COUNCIL On May 14, 2003, while filing a letter in support of the above CITY HALL - BUFFALO item, we were surprised to learn that the tabled item was TUESDAY, MAY 27, 2003 received and filed by a vote of 11 -2 at your regular meeting on AT 2:00 P.M. May 13, 2003. As stated in our filed letter of April 10, 2003, since your PRESENT - James W. Pitts President of the Council, Honorable Body voted to approve the B District Art in Public and and Council Members Bonifacio, Coppola, Davis, Places Committee's selection, we believe that our original Fisher, Fontana, Franczyk, Golombek Grant, Gray, request deserves similar support. Therefore, the Buffalo Arts LoTempio, Martino, and Thompson - 13. Commission respectfully requests permission to contract with above artist as previously requested. Funding is available in the ABSENT - None. Department of Public Works, Streets and Parks capital improvement accounts. On a motion by Mrs. Grant, seconded by REFERRED TO THE COMMITTEE ON FINANCE AND THE Mr.Thompson, the minutes of the stated meeting held on COMMISSIONER OF PUBLIC WORKS May 13, 2003 were approved. FROM THE OFFICE OF CITIZEN SERVICES FROM THE MAYOR - EXECUTIVE DEPARTMENT No. 3 FROM THE BUFFALO ARTS COMMISSION Monthly report from the Division of Citizen Services – (Mayor’s Help Line – April 2003) No. 1 Attached is a monthly report for April 2003, of which most Art in Public Places categories had seasonal increases, with the exceptions of tote In 1999, Your Honorable Body adopted unanimously an request, recycle complaints, abandoned cars and adjudication. ordinance amendment creating the Art in Public Places However, to have more perspective on April's increases; I've Program and then approved the attached the April 2002 monthly report so that the Council can (Chapter 409) APP Rules and see that service calls are still down by 1/3 d over the same on 2/22/00 (item #13). The citizens appointed to Regulations 2002 reporting period. the APP Committees were arts and As always, I hope that this information is beneficial to the architectural professionals as well a representatives of the members. city's cultural community who demonstrated knowledge of REFERRED TO THE COMMITTEE ON FINANCE public art and took care that the proper approach be taken with these inaugural FROM THE BOARD OF PARKING Projects. You may recall that our process was based on national models for art selection. Our intent was to develop NO. 4 Buffalo's public art projects consistent with national standards. Results of Bid There was a general Call for Work as well as ample Owen B. Augspurger Addition opportunity for individual artists to respond. Notice was The City of Buffalo Board of Parking advertised for bidders publicized in local papers, through the district Council offices for the Owen P. Augspurger Addition on March 3, 2003. A as well as on the Internet. public was held at A Open House public bid opening was held on May 6, 2003 at 11:00 a.m. in each police station to address questions about the projects. the offices of the Board of Parking, 1801 City Hall the results Following the submission of more than 30 entries for each are as follows: location, the APP Committees, including representatives of the Contract No. 105 - Glazing and Metal Screening police districts as well as participation by Council offices, 1 NEP Glass Co., Ltd. carefully reviewed each proposal. 2291 Chapin Road $452,900 base bid Your Honorable Body voted to approve the B District APP Route 21 North 145,20 alt #8 Committee's selection in 2001. however, since then, the C Canandaigua, NY 14424 $598,100 District APP Committee's selection has been tabled. At its last 2. CBO Glass $519,600 base bid meeting (3/18/03), the Buffalo Arts Commission vote 162 Colgate Avenue 146,90 alt #8 unanimously to reaffirm its support for the Art in Public Buffalo, NY 14220 $666,500 Places (APP) project for the C District police station, 3. Window Specialist $ 562,907 base bid Guardian Angel, and the selection 188 Erie Street 122,812 alt #8 process that chose it. Lancaster, NY 14086 $685,719 The APP Committees for both B & C Districts followed the 4. The R.E. Krug Corp. $ 540,000 base bid same process as approved by Your Honorable Body. We 190 Oliver Street 164,00 alt #8 respectfully request Your Honorable Body reaffirm the N. Tonawanda, NY 14120 $704,000 adopted process and approve the C District AP At this time we recommend the following contract be awarded Committee's selection of Guardian Angel. Your to the lowest responsible bidder, at the following, listed bid: Honorable Body will accomplish closure to a process that Contract No. 105 - Glazing & Metal Screening you established and endorsed. NEP Glass Co., Ltd. If the process is allowed to be compromised, the credibility of 2291 Chapin Road $452,900 base bid future projects will be jeopardized. We have great concern as Route 21 North 145,20 alt #8 to how such a jeopardized process will be viewed amongst art Canandaigua, NY 14424 $598,100 professionals in other major art centers and communities and The original total estimate for this contract was $696,764. Fund here in Buffalo. for this project are in the Parking Board's Bond Account In addition to the process undertaken for the selection of art at 51019036 445100 C District, process that was adopted and approved by Your Mrs. LoTempio Moved: Honorable Body, on-going efforts have been made to work with That the above communication from the Chairman of the Board the community to share information about the selection. To this of Parking dated May 21, 2003, be received and filed; and end, we attach correspondence from Dr. Muriel Howard That the Chairman of the Board of Parking be, and he hereby is President of Buffalo State College regarding the Guardian authorized to award a contract for the Owen B. Augspurger project. Angel Addition, for Contract No. 105 - Glazing and Metal Screening to It is expected that public art may solicit differing opinions. NEP Glass Co., Ltd., the lowest responsible bidder, at a base However, a public are project, like that Guardian Angel, bid of $452,900 and alt #8 at $145,200 for a total amount of followed the same process as that undertake for the mural at B $598,100. Funds for the project are available in the Parking District, should be given every opportunity to proceed. Board's Bond Account 51019036 445 100. Thank you for your consideration. We welcome the opportunity Passed. to have an. further dialogue on this matter, as necessary, with AYES - 12 - NOES - 1 Your Honorable Body. AYES – Bonifacio, Coppola, Davis, Fisher, Fontana, Francyk, RECEIVED AND FILED Golombek, Grant, Gray, LoTempio, Martino and Thompson NOES – Pitts No. 2 Art in Public Places project for C District No. 5 On May 23, 200 1, the Buffalo Arts Commission filed an item Lease Agreement between the with your Honorable Body requesting permission to contract City of Buffalo and the North with: Buffalo Business Development Kenneth Payne 116 College St. Buffalo, NY 14201 Assoc., Inc. for an amount not to exceed $30,000 for all expenses related to Pursuant to Item No. 12, CCP 7-21-1987 the Common Council creating a sculpted work of art to be installed in the lobby of C authorized an amendment to the lease agreement between the City and the North Buffalo Business Development Association Council, per Item No. 11, C.C.P. 2/18/03. As a result the Inc. transferring the below listed lots to the operation Rapp properties at 362, 366 & 368 Broadway were omitted from the Program relieving the Association from the insurance passed Item No. 91, C.C.P. 3/4/03. requirement, but still having the Association be responsible for This office is resubmitting the properties located at 362, 366 & all other maintenance, electricity and snowplowing. 368 Broadway to Your Honorable Body for approval. As you are At this time the North Buffalo Business Association Inc. aware the property was auctioned on January 30, 2003 and the request that it be relieved from the responsibility of highest bidder was Taher W. Abdellatif of 191 Fareway Lane, snowplowing and electricity and that it will continue to maintain Grand Island, New York 14072 in the amount of Seven the following properties: Thousand Five Hundred Dollars ($7,500.00). The purchaser 1511 Hertel has deposited twenty percent of the bid price. The bid price is 1464 Hertel the amount to be received by the City. The buyer is required to REFERRED TO THE COMMITTEE ON FINANCE AND THE pay a ten percent buyer's premium to Cash Realty and Auction CORPORATION COUNSEL The property at 362 Broadway consists of 3-story brick (detached) row type retail building with upper apartments, the FROM THE OFFICE OF STRATEGIC PLANNING property at 366 Broadway is a vacant lot 25' x 100' and lastly 368 Broadway consists of a 3 story concrete block (detached) No. 6 row type retail building with upper office/apartment. The Abandonment and Sale property at 362 Broadway was acquired by the City through tax Scatchard Place, Along Property foreclosure In-Rem No. 35, Serial No. 366 of 10/22/01, 366 Lines of 136 & 142 Peabody Broadway was acquired through tax foreclosure In Rem No. 36, Approximately 50' x 107' Serial No. 472 of 10/28/02 and 368 Broadway was acquired Item #114, C.C.P. 12/26/01 through tax foreclosure In Rem No. 31, Serial No. 26 of Item # 37, C.C.P. 9/18/01 11/13/97. The purchaser intends to acquire and rehabilitate the Item #128, C.C.P. 9/4/01 property at 362 Broadway, rent out the storefront and convert The Office of Strategic Planning, Division of Real Estate has the second floor to office space and leave the third floor as received a request to purchase Scatchard Place from Mr. Peter storage space. The property at 366 Broadway he intends to use Battaglia, 631 Bullis Road, Elma, New York 14059. Mr. for off-street parking for his tenants at 362 & 368 Broadway. Battaglia owns Battaglia Demolition, Inc., a recycling facility at The property at 368 Broadway he intends to rent the first floor 1037-1055 Seneca Street, and adjoining vacant lots at 142 and as a storefront and covert the second and third floors to office 136 Peabody Street. Scatchard Place is situated directly space. He has submitted his list of repairs including cost between 142 and 136 Peabody Street. Mr. Battaglia intends to estimates and proof of financing. Mr. Abdellatif intends to widen the Scatchard Place entrance, which leads to his spend a total of $52,000.00 of improvements to 362 & 368 recycling facility. Broadway and improve 362 Broadway with a paved parking lot. The Buffalo Sewer Authority has no objections to the The Collections Office has indicated that he has no abandonment and sale of Scatchard Place. The Department of outstanding debt and the Inspections Office has indicated that Public Works recommends the following conditions: he has no outstanding violations. 1. All construction costs are at the expense of Battaglia I am recommending that Your Honorable Body approve the bid Demolition, Inc. of Taher W. Abdellatif in the amount of Seven Thousand Five 2. Construction of a 28 foot wide driveway consisting of two Hundred Dollars ($7,500.00) for the properties located at 362, (2) 13 foot driving lanes and two (2) - F curb offsets 366 & 368 Broadway. No search or survey will be provided by 3. Site plan of proposed improvements must be submitted, for the City. I am further recommending that the Corporation approval by the Department of Public Works, Parks and Counsel prepare the necessary documents for the transfer of Streets title and that the Mayor be authorized to execute the same. 4. Relocation of wood pole at southwest radius Mrs. LoTempio Moved: The Division of Permit- and Inspection Services and the That the offer of Taber W Abdellatif in the amount of seven Division of Collections have no objections to the sale. There are thousand five hundred dollars ( $7,500.00) for the purchase of no building code violations, taxes or other liens owed to the City 362, 266 and 368 Broadway be and hereby is accepted, and of Buffalo by the purchaser. That the Corporation Counsel is hereby authorized to prepare An independent appraisal of the property was conducted by the necessary documents for the transfer of them and that the Jeffrey Hennard of GAR Associates, Inc., 2399 Sweet Home Mayor be authorized to execute the same. Road, Amherst, New York. He has estimated the value of the PASSED subject property to be two thousand six hundred dollars AYES - 13 - NOES - 0 ($2,600), fifty cents (.50) per square foot. The Appraisal Review Board met and recommended the sales NO. 8 price of two thousand six hundred dollars ($2,600), fifty cents Request for Approval of Lease Between Buffalo Urban (.50) per square foot, for the subject property. Renewal Agency and Graphic Control 450 Exchange The results of our negotiations are that Mr. Peter Battaglia has Street - Parking Lot agreed to the conditions and is prepared to pay two thousand The City of Buffalo Urban Renewal Agency has approved a six hundred dollars ($2,600), for the subject property. He has Lease between BURA and the Graphic Control Company to also agreed to pay for the cost of the appraisal, transfer tax, lease a parking lot located at 450 Exchange Street. Graphic recording fees and cost of the legal description. Control owns a building at 400 Exchange Street this parking lot I am recommending that Your Honorable Body authorize the is adjacent to their building. The parking lot is used for their abandonment and sale of the subject property in accordance employees. with Article 27, Section 513 & 514 of the City Charter. I am The Lease Term is for 5 years with a rental of S 15,00.00 per further recommending that Your Honorable Body approve the month and there is a 5 year option with a rental of $2,000.00 sale of Scatchard Place to Battaglia Demolition, Inc. with the per month. conditions stated and for the amount of two thousand six Graphic has invested a million dollars into the parcel hundred dollars ($2,600). 1 am further recommending that the completing the parking lot. When they originally ]eased the Corporation Counsel prepare the necessary documents for the parcel it was a grass area. Graphic will also be paying taxes on transfer of title and that the Mayor be authorized to execute the the parcel. same. The Agency has determined that the proposed Land Use REFERRED TO THE COMMITTEE ON FINANCE Agreement negotiated by the Agency and the Tenant is satisfactory. No. 7 Please be advised that in accordance with the provisions of Report of Auction Article 15A of the General Municipal Law, it is now necessary 362 Broadway - 3 Story Brick Bldg. Row Type Retail with for Your Honorable Body to set a date for a public hearing, and Upper Apartments to direct the publication of a notice of said hearing. In the Lot Size: 25' x 100' interest of time and anticipating that Your Honorable Body is Assessed Valuation: Land: $ 1,900 willing to expedite this matter, I have taken the liberty to prepare Total: $ 16,600 a Resolution together with a Notice of Public Hearing for your 366 Broadway-Vacant Lot action. Lot Size.- 25' x 100 Forwarded herewith are the following Assessed Value: Land: $ 900 documents: 368 Broadway - 3 Story Concrete Bldg. Row Type Retail 1 . Resolution Setting Public Hearing with 2. Notice of Public Hearing Upper Office/Apartment 3. Resolution approving proposed Land Lot Size 83'x114' Use Agreement Assessed Value: Land: $ 6,000 4. Proposed Land Use Agreement Total:$24,000 After the Public Hearing is held, Your Honorable Body may Item No. 91, C.C.P. 3/4/03 adopt a Resolution authorizing the Lease of Land to Graphic The Office of Strategic Planning, Division of Real Estate Controls. submitted the results of our public auction to the Common REFERRED TO THE COMMITTEE ON COMMUNITY AYES - 13 - NOES - 0 DEVELOPMENT NO. 12 NO. 9 Results of Negotiations Response - D. DeBoth Purchase 1938 Niagara 192 Best, 377' E Michigan (a.k.a. 1932 Niagara Former Jubliee Center) Vacant Lot: 40' x 135' Item No. 54, C.C.P. 4/29/03 Assessed Valuation: 2,300. The above referenced item is a request by Mr. D. DeBoth for The Office of Strategic Planning, Division of Real Estate has information regarding the process to acquire 1938 Niagara received a request to purchase 192 Best Street from Mr. Street (a.k.a. 1932 Niagara former Jubliee Center). James Kennedy, This office forwarded a letter to Mr. DeBoth on May 7, 2003 190 Best Street, Buffalo, New York 14209. Mr. Kennedy owns informing him that Your Honorable Body approved a one year and resides at 190 Best Street, which is adjoining to 192 Best lease between the City of Buffalo and Endless Enterprises Street. He intends to use the subject property for additional d/b/a Gothic City for the above mentioned property. Mr. DeBoth yard space. was also informed that the lessee has an option to acquire the The Division of Permit and Inspection Services and the property for it's fair market value during the term of the lease. Division of Collections have no objections to the. sale. There The fair market value will be determined by an independent are no building code violations, taxes or other liens owed to the appraisal of the property. City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar REFERRED TO THE COMMITTEE ON FINANCE residential vacant lot properties in the suh7ect area. Sales prices range from twenty-five cents (.23) to seventy-five cent-s NO. 10 (,75), per square foot. Rescind Auction Sale and Forfeit Deposit The results of our negotiations are that Mr. Kennedy has 127 Holden agreed and is prepared to pay one thousand six hundred Item No. 91, C.C.P. 3/4/03 dollars ($1,600), thirty cents (.30) per square foot, for 1- lie In the above referenced item Your Honorable Body subject property. He has also agreed to pay for the cost of the authorized the sale of 127Holden to Mr. David Foster of 627 transfer tax, recording fees and cost of the legal description. Northampton, Buffalo, New York 14211. Mr. Foster was the I am recommending that Your Honorable Body approve the sale highest bidder in the amount of Two Thousand Two Hundred of 192 Best Street to Mr. James Kennedy in the amount of one Fifty Dollars ($2,250.00), plus a 10% buyer's premium for a thousand six hundred dollars ($1,6CO). I am further total of Two Thousand Four Hundred Seventy-Five Dollars recommending that the Corporation Counsel prepare the ($2,475.00). necessary documents for the transfer of title and that the Mayor Mr. Foster was notified on February 3, 2003 that in order to be authorized to execute the same. complete the terms of sale he must submit detailed estimates REFERRED TO THE COMMITTEE ON FINANCE of cost to repair and/or renovate and proof of financial ability to complete the purchase, repairs or renovations. On April 11, NO. 13 2003 a final notice was mailed giving him until May 12, 2003 to Results of Negotiations submit the required documents. This office spoke to Mr. Foster 221 Linwood, 99.60' S Bryant on May 12, 2003 and was informed that he no longer was Vacant Lot: 100' x 238' with interested in acquiring the property at 127 Holden. an Irregular Piece in the Rear Therefore, we are recommending that the Common Council Assessed Valuation: $23,800 approves to rescind the sale of 127 Holden, return the property The Office of Strategic Planning, Division of Real Estate has to our inventory for resale and that the bidder forfeits his received a request to purchase 221 Linwood Avenue from Mr. deposit in the amount Two Hundred Fifty Dollars ($250.00). William H. Gurney for 934 Niagara Falls Boulevard, LLC, 144 Mr. LoTempio Moved: Middlesex Road, Buffalo, New York 14216. Mr. Gurney owns That the communication from the Department of Strategic an office space building at 217 Linwood Avenue, which is Planning, dated May 14, 2003, be received and filed; and adjoining to 221 Linwood. He intends to use the subject That the Interim Executive Director of Strategic Planning be, property for additional green space and parking in the rear. and he hereby is authorized to rescind the sale of 127 Holden The Division of Permit and Inspection Services and the to David Foster of 627 Northampton and return the property to Division of Collections have no objections to the sale. There are the City of Buffalo for resale. no building code violations, taxes or other liens owed to the City Passed of Buffalo by the purchaser. AYES - 13 - NOES - 0 The Division of Real Estate has investigated the sale of similar commercial vacant lot properties in the subject area. Sales No. 11 prices range from one dollar ($1.00) to two dollars ($2.00), per Rescind Auction Sale and Forfeit Deposit square foot. 56 Peck and 120 Welker The Appraisal Review Board recommends the sale price of Item No. 91, C.C.P. 3/4/03 twenty three thousand eight hundred dollars ($23,800), one In the above referenced item Your Honorable Body dollar per square foot. authorized the sale of 56 Peck and 120 Welker to Judith The results of our negotiations are that Mr. William H. Gurney Douglas of 14 Oakridge, Williamsville, New York. Ms. Douglas has agreed and is prepared to pay twenty three thousand eight was the highest bidder for 56 Peck in the amount of Two hundred dollars ($23,800), one dollar ($1.00) per square foot, Thousand Dollars ($2,300.00), plus a 10% Three Hundred for the subject property. He has also agreed to pay for the cost buyer's premium for a total of Two Thousand Five Hundred of the transfer tax recording fees and cost of the legal Thirty Dollars ($2,530.00). She was also the highest bidder in description. the amount of Four Hundred Dollars for the property at 120 I am recommending that Your Honorable Body approve the sale a 10% buyer's premium for a total of Four Welker, plus of 221 Linwood Avenue to 934 Niagara Falls Boulevard, LLC in Hundred Forty Dollars. the amount of twenty three thousand eight hundred dollars Ms. Douglas was notified on April 8, 2003 that this office was ($23,800). 1 am further recommending that the Corporation ready to close. A second notice was mailed on May 1, 2003 Counsel prepare the necessary documents for the transfer of notifying the prospective purchasers that they had until May 12, title and that the Mayor be authorized to execute the same. 2003 to schedule the closing or the sale would be rescinding REFERRED TO THE COMMITTTEE ON FINANC: and their deposits forfeited. This office spoke to Ms. Douglas on May 12, 2003 and was informed that she no longer was No. 14 interested in acquiring said properties. Results of Negotiations Therefore, we are recommending that the Common Council 1079 Smith, 301.08, S Broadway approves to rescind the sale of 56 Peck and 120 Welker, return Vacant Lot: 30' x 108' the properties to our inventory for resale and that the bidder Assessed Valuation: 1,500. forfeits her deposits in the amount Six Hundred Dollars ($500 The Office of Strategic Planning, Division of Real Estate has for 56 Peck and $100 for 120 Welker. Ten percent of the received a request to purchase 1079 Smith Street from Ms. deposit will remain with the Auctioneer for the buyer's premium Grady G. Tate, 1073 Smith Street, Buffalo, New York i421-2. and the remaining balance will be deposited in the City's Ms. Tate owns a one family home at 1073 Smith and a vacant General Fund - Sale of In-Rem Property. lot at 1077 Smith, which are adjoining to 1079 Smith. She Mrs. LoTempio Moved: intends to use the subject property for additional yard space. That the communication from the Department of Strategic The Division of Permit and Inspection Services and the Planning, dated May 14, 2003, be received and filed; and Division of Collections have no objections to the sale. There are That the Interim Executive Director of Strategic Planning be, no building code violations, taxes or other liens owed to the City and he hereby is authorized to rescind the sales of 56 Peck of Buffalo by the purchaser. and 120 Welker to Judith Douglas of 14 Oakridge, The Division of Real Estate has investigated the sale of similar Williamsville, and return the property to the City of Buffalo for residential vacant lot properties in the subject area. Sales resale. prices range from twenty cents (.20) to fifty cents (.50), per Passed square foot. The results of our negotiations are that Ms. Tate has agreed FROM THE COMMISSIONER OF PUBLIC WORKS PARKS and is prepared to pay one thousand dollars ($1,000), thirty AND STREETS cents (.30) per square foot, for the subject property. She has also agreed to pay for the cost of the transfer tax, recording NO. 19 fees and cost of the legal description. Notification Serial #9644 I am recommending that Your Honorable Body approve the sale Install No Parking of 1079 Smith Street to Ms. Glady G. Tate in the amount of one on West Chippewa Street, north and south side thousand dollars ($1,000). 1 am further recommending that the between Main Street Corporation Counsel prepare the necessary documents for the and Delaware Avenue transfer of title and that the Mayor be authorized to execute the NO PARKING - REPEAL same. In conformity with Section 49 of Chapter 479 of the REFERRED TO THE COMMITTEE ON FINANCE Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, NO. 15 amending, or repealing existing provisions of Chapter 479 of Transfer of Title, Urban Homestead Program the Ordinances, as stated below, to be effective forty five days 10 Locust Street (City Owned-vacant lot, 25' x 100') after the first Council meeting at which they appear on the The Office of Strategic Planning has surveyed the agenda as an item business. city-owned vacant lot at I 10 Locust Street, Buffalo, New York That part of Subdivision 24 Section 15 of Chapter 479 of 14204, parcel is 25'x 100'in dimension; and it has been Ordinances of the City of Buffalo be supplemented by repealing determined that this parcel is inappropriate for either the therefrom the following: NO PARKING construction of new housing or needed for public purposes. PROHIBITED PORTION OF HIGHWAY Ms. Angela Middlebrooks, residing at 114 Locust Street, West Chippewa Street, north and south side Buffalo, New York 14204, indicated that she will clean, improve between Main Street and maintain the lot in the event title to the property is obtained and Delaware Avenue under the Urban Homestead Program. PROHIBITED PERIOD The Division of Permits and Inspections and the Division of 7:00pm to 5:00Am Collections have been contacted. There are no property code Thursday, Friday, and Saturday violations, taxes or other liens owed to the City of Buffalo by the This action is being taken at the request of the Buffalo Police homesteader Department. We, therefore, recommend the city-owned vacant lot be Notification Serial #9645 designated as a Homestead Property and be transferred to Ms. Install No Standing Angela Middlebrooks, on the condition the property is cleaned on Hertel Avenue, north side and improved within (6) months and maintained in a sanitary between Deer Street and a point 160 feet east therefrom manner. NO STANDING - INSTALL REFERRED TO THE COMMITTEE ON COMMUNITY In conformity with Section 49 of Chapter 479 of the Ordinances DEVELOPMENT of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or NO. 16 repealing existing provisions of Chapter 479 of the Ordinances, Transfer of Title, Urban Homestead Program as stated below, to be effective forty five days after the first 110 Locust Street (City Owned-vacant lot, 25' x 100') Council meeting at which they appear on the agenda as an item The Office of Strategic Planning has surveyed the business. city-owned vacant lot at I 10 Locust Street, Buffalo New York That part of Subdivision 22 Section 15 of Chapter 479 of 14204, parcel is 25x 100' in dimension; and it has been Ordinances of the City of Buffalo be supplemented by adding determined that this parcel is inappropriate for either the thereto the following: NO STANDING construction of new housing or needed for public purposes. PROHIBITED PORTION OF HIGHWAY Ms. Angela Middlebrooks, residing at 114 Locust Street, Hertel Avenue, north side between Deer Street and a point 160 Buffalo, New York 14204, indicated that she will clean, improve feet east there from and maintain the lot in the event title to the property is obtained PROHIBITED PERIOD under the Urban At all times Homestead Program. This action is being taken at the request of the Buffalo Police The Division of Permits and Inspections and the Division of Department for the purposes of safety and visibility. Collections have been contacted. There are no property code 9644 RECEIVED AND FILED violations, taxes or other liens owed to the City of Buffalo by the 9645 REFERRED TO THE COMMITTEE ON LEGISLATION homesteader. We, therefore, recommend the city-owned vacant lot be No. 20 designated as a Homestead Property and b transferred to Ms. Report of Bids Angela MiddIebrooks, on the condition the property is cleaned Buffalo City Hall, Phase I and improved within (6 months and maintained in a sanitary Main Entrance Steps, Walls & manner. Site Renovations (Job 0282) REFERRED TO THE COMMITTEE ON COMMUNITY I advertised for on April 23, 2003 and received the following DEVELPMENT sealed formal proposals for Buffalo City Hall, Phase 1, Main Entrance Steps, Walls & Site Renovations, Job 0282, which FROM THE COMPTROLLER were publicly opened and read on May 7, 2003. Goergen-Mackwirth Co. NO. 17 $34,990.00 Certificate of Appointment 765 Hertel, Buffalo, NY Appointment Effective: May 12, 2003 In the Department of: Allgaier Construction Audit and Control Division of: Audit to the Position of: $42,500.00 Associate Account Clerk 4790 Thompson, Clarence, NY Permanent Appointment Intermediate at the: Starting Salary of: The Peyton Barlow Co. Joanne Milioto 102 Richmond Ave Buffalo, NY 14222 $46,900.00 REFERRED TO THE COMMITTEEE ON CIVIL SERVICE 360 Delaware, Buffalo, NY BRD, Inc. FROM THE COMMISSIONFR OF ASSESSMENT AND $59,770.00 TAXATION 82 Pearl, Buffalo, NY The Hadala Corp. NO. 18 $79,900.00 Property Tax Incentive for 325 Grote, Buffalo, NY Owner Occupied Residential Housing Nichter Associates Item #113, C.C.P. 05/13/03 $88,000.00 This is in response to Councilmember Mary Martino's 3435 Harlem, Cheektowaga, NY resolution to provide a property tax credit equal to the user fee I hereby certify that the foregoing is a true and correct for owner occupied residential housing. statement of all bids received and that Goergen-Mackwirth Co., The duties of the Department of Assessment and Taxation with a bid of Thirty Four Thousand Nine Hundred Ninety and concerning exemptions are mandated by the State of New York 00/100 Dollars ($34,990.00) is the lowest responsible bidder in and governed by the Real Property Tax Law. Any exemption or accordance with the plans and specifications. reduction in real property taxes must comply with the State I recommend that Your Honorable Body authorize the Law. There is currently no provision in the statute that will allow Commissioner of Public Works, Parks & Streets to order the the City of Buffalo to implement a real property tax credit equal work on the basis of the low bids. Funds for this project are to the user fee. available in CPF 36322206 445100 - Buildings. REFERRED TO THE COMMITTEE ON FINANCE Mrs. LoTempio Moved: That the above communication from the Commissioner of 1997, the Board is requesting authorization to enter into a Public Works, Parks and Streets dated May 9, 2003, be contract with American Water Services Operations and received and filed; and Maintenance, Inc. for the operation of the water system from That the Commissioner of Public Works, Parks and Streets, July 1, 2003 through June 30, 2008. be, and he hereby is authorized to award a contract for Buffalo REFERRED TO THE COMMITTEE ON FINANCE AND THE City Hall, Phase 1, Main Entrance Steps, Walls & Site CORPORATION COUNSEL Renovations, Job 0282, to Goergen-Mackwirth Co., the lowest responsible bidder, in the amount of $34,990.00. Funds for the No. 23 project are available in CPF 36322206 445 100 - Buildings. 726 Exchange Street- Passed. Encroachment Within AYES - 13 - NOES - 0 Right of Way Mr. Joseph A. Petrella. as agent, acting on behalf of LCO No. 21 Building, LLC, applicant and owner of the property located at Report of Bids 726 Exchange Street. has requested permission to construct Saunders Unity Center an entranceway which would encroach City right of way at said Replace Rooftop A/C Units address. Job No. 0337 The proposed entranceway would be located in the sidewalk I advertised for on May 7, 2003 and received the area on the north side of Exchange Street. The entranceway following sealed formal proposals for the Saunders Unity would measure approximately 45' in length, project 7.5' from Center, Replace Rooftop A/C Units, Job No. 0337, which the building face into City right of way. and be constructed of were publicly opened and read on May 21, 2003. concrete. glass walls and doors and an anodized aluminum Mechanical Work canopy. Northeast Mechanical $95,000 The Department of Public Works, Parks and Streets has 137 SawyerAve., Depew, NY reviewed this request pursuant to Chapter 413-67 John W. Danforth Co. $95,228 (Encroachment Regulations) of the City Ordinances and has 2100 Colvin Blvd., Tonawanda, NYno objection to Your Honorable Body authorizing the Electrical Work Commissioner to issue a --Mere License" for said CIR Electrical Construction $ encroachment provided the following conditions are met: 9,900 I . That the applicant obtain any and all City of Buffalo 2750 Kenmore Ave., Tonawanda, NY permits and/or approvals necessary to construct the Tunney Electric $10,588 entranceway. 8565 Roll Rd., Clarence Ctr, NY 2. That the entranceway be constructed exactly as Goodwin Electric Corp. shown on plans submitted to and approved by the Department $12,373 of Permit and Inspection Services. 121 Califomia Dr., WIlliamsville, NY 3. That the applicant be responsible for relocation of I hereby certify that the foregoing is a true and correct any underground utilities effected by the new entranceway. statement of all bids received and that the following are the 4. That the applicant be responsible for maintenance lowest responsible bidders in accordance with the plans and of said entranceway as long as it remains within City right of specifications: 5. That the applicant supply the Department of Public Mechanical Work: Northeast Mechanical, with a bid of Works, Parks and Streets with a certificate of insurance in an $95,000. Electrical Work: CIR Electrical Construction Corp., amount deemed sufficient by the Corporation Counsel, which with a bid of $9,900.00 will indemnify, and hold harmless the City of Buffalo against I recommend that Your Honorable Body authorize the any and all loss or damage arising out of the construction. use Commissioner of Public Works, Parks & Streets to order the or removal of said entranceway. work on the basis of the low bids. Funds for this project are REFERRED TO THE COMMITTEE ON LEGISLATION AND available in CPF 35320406 445100 - Buildings. THE CITY PLANNING BOARD Mrs. LoTempio Moved: That the above communication from the Commissioner of No. 24 Public Works, Parks and Streets dated May 21, 2003, be Grant from Margaret L. Wendt Foundation received and filed; and For Martin Luther King Jr. Park That the Commissioner of Public Works, Parks and Streets, The Margaret L. Wendt Foundation has offered the City of be, and he hereby is authorized to award contracts to the Buffalo a $300,000 grant towards the rehabilitation of the lowest responsible bidders, for the Saunders Unity Center, Martin Luther King, Jr. Park wading pool. I respectfully request Replace Rooftop A/C Units, Job 0337, for Mechanical Work to the Common Council's authorization to accept this grant on Northeast Mechanical with a bid of $95,000, for Electrical Work behalf of the City. to CIR Electrical Construction Corp., with a bid of $9,900.00. Mrs. LoTempio Moved: Funds for the project are available in CPF 35320406 445 100 - That the above communication from the Commissioner of Buildings. Public Works, Parks and Streets dated May 22, 2003, be Passed. received and filed: and AYES - 13 - NOES - 0 That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to accept a grant from the No. 22 Margaret REFERRED TO THE COMMITTEE ON Buffalo Water Board Contract with LEGISLATION Wendt Foundation in the amount of $300,000 American Water Services Operations for the rehabilitation of the Martin Luther King Jr Park wading and Maintenance Inc. pool. Attached please find the most recent draft agreement PASSED between the Buffalo Water Board and American Water AYES - 13 - NOES - 0 Services Operations and Maintenance, Inc. (AWS), for the operation of the water system. At their meeting of May 9, 2003, NO. 25 the Board approved the business terms of this agreement, Traffic Issues on subject to minor modifications to some of the language of the Main Street, Northrup Place and contract. The Board is expected to approve the final contract at Winspear Avenue their meeting of May 28, 2003. No. 77, C.C.P. 04/01/03 and Item No. 53, C.C.P. 04/15/03 The new contract is very similar in nature to the previous The following response is being submitted in response to the contract, which has been extended through June 30, 2003. The above mentioned items, major difference is that under this contract, AWS will no longer Please be advised that the Department of Public Works, Parks reimburse the Board for the cost of labor, natural gas, fuels, & Streets - Traffic Section has reviewed the concerns voiced street cut restorations and lockbox services. These by the are residents and has the following comments. components will be paid directly by the Board and/or the City. 1) Traffic patterns in this area have changed since the The Board will reimburse any expenditure made by the City. installation of the traffic signal at the intersection of Main and Under this contract, AWS will be paid $6,073,809 per year for Northrup. The presence of this signal promotes travel on five years. The yearly fee will be subject to an annual Northrup between Main and Winspear. This is a common adjustment based on the Consumer Price Index (CPI) for this effect of traffic signal installation on major materials such as region. The contract may be terminated by either party without Main Street. penalty. The contract will commence on July 1, 2003. 2) There is no accident history at the intersection of Winspear The estimate for labor and other costs noted above that will be and Northrup. An inspection of the intersection revealed no paid by the Board, and/or City is $7,256,187 bringing the total apparent visibility problems due to an existing "No Parking Here cost of operation of the system to $13,329,996. AWS will be to Comer" sign to the west of the intersection and a fire hydrant paid $12,364,224 for operations for the last year of their current to the east of the intersection. Stop signs are not to be used for contract as extended. speed control. Therefore, a stop sign is not warranted at this Under the terms of the Operation Agreement between the City intersection. of Buffalo and the Buffalo Water Board as amended August 1, 3) The City speed limit is 30 miles per hour. Speed limit signs 115 West Chippewa currently posted on Winspear are slightly faded and will be Pursuant to Chapter 150 of the City of Buffalo Ordinances, replaced. Additional 30 mile per hour speed limit signs will be please be advised that I have examined the attached installed on Northrup Place. application for a Restaurant Dance Class IV License located at 4) Winspear and Northrup are not a part of the City's Truck 115 West Chippewa and find that as to form is correct. I have Route System. The installation of "No Trucks Over 5 Tons" caused an investigation into the premises for which said signs on Northrup at Main and on Winspear at both Main and application for a Restaurant Dance Class IV license is being at Bailey will allow police to enforce this regulation. sought and according to the attached reports from the Zoning 5) A possible solution for "cut through" traffic from Main to Office, Fire Department and Building Inspections, I find it Winspear as well as the perceived danger exiting from complies with all regulations and other applicable laws. I have Northrup onto Winspear would be to turn Northrup into a caused an investigation by the Police Department into the one-way street from Winspear to Main. This action would moral character of Brian J. Ruffino. The attached thereto for require a petition of seventy-five percent of the property Brian J. Ruffino d/b/a Chippewa St. Grille. This request is owners on Northrup Place stating their approval of such a submitted for your approval or whatever action you deem change. appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 NO. 32 Certificate of Appointment Second Hand Dealer Appointment Effective: 5/12/03 in the Department of Public 220 Allen Works Parks & Streets Division of Streets to the position of Pursuant to Chapter 254 of the City of Buffalo Ordinances, Laborer II please be advised that I have examined the attached Permanent Non-Competitive at the: INTERMEDIATE Starting application for a Second Hand Dealer License located at 21-0 Salary of: $ 28,935 Allen and find that as to form is correct. I have caused a Ronald Link 80 Reservation St. Buffalo, NY 14207 investigation into the premises for which said application for a REFERRED TO THE COMMITTEE ON CIVIL SERVICE second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department NO. 27 and Building Inspections, I find it complies with all regulations Certificate of Appointment and other applicable laws. I have caused an investigation by the Appointment Effective: 5/19/03 in the Department of Public Police Department into the moral character of Joshua Gage. Works Parks & Streets Division of Streets to the Position of The attached thereto for Joshua Gage d/b/a Smooth Grooves. Motor Equipment Mechanic Supervisor I Permanent Promotion This request is submitted for your approve or whatever action at the; Intermediate you deem appropriate. Starting Salary of: $ 33~094 REFERRED TO THE COMMITTEE ON LEGISLATION Gregory Danieu 213 Okell St. Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 33 Second Hand Dealer NO. 28 1046 Grant St Certificate of Appointment Pursuant to Chapter 254 of the City of Buffalo Ordinances, Appointment Effective: 5/21/03 in the Department of Public please be advised that I have examined the attached Works Parks & Streets Division of Streets to the Position of application for a second Hand Dealer License located at 1046 Street Worker Grant St. and find that as to form is correct. I have caused an Permanent NC Appointment at the: Intermediate Starting investigation into the premises for which said application for Salary of: second hand dealer license is being sought and according to $ 28,577 the attached reports from the Zoning Office, Fire Department Martin Eve 184 Jewett Pkwy. Buffalo, NY 14214 an Building Inspections. I find it complies with all regulations REFERRED TO THE COMMITTEE ON CIVIL SERVICE and other applicable laws. I have caused an investigation by the Police Department into the moral character of George FROM THE COMMISSIONFR OF FIRE Morse, Jr. The attached thereto for George Morse, Jr d/b/a George’s Restaurant and Bar Décor. This request is submitted NO. 29 for your approval of whatever action you deem appropriate. CERTIFICATE OF APPOINTMENT Mrs. LoTempio Moved: APPOINTMENT EFFECTIVE: March 31, 2003 IN THE That the above communication from the Commissioner of DEPARTMENT OF: Fire DIVISION OF: Permit and Inspection Services dated May 12, 2003 be Administration TO THE POSITION OF: Administrative Aide received and filed: and permanent appointment maximum That pursuant to Chapter 254 of the City Code, the Starting salary of: $27,859 Commissioner of Permit & Inspection Services be, and he Linda Kelly 55 Potters Road 14220 hereby is authorized you grant a Second Hand Dealer license REFERRED TO THE COMMITTEE ON CIVIL SERVICE to George Morse, Jr d/b/a George’s Restaurant and Bar Décor located 1046 Grant Street. FROM THE COMMISSIONER OF PERMIT &- INSPECTION PASSED SERVICES AYES - 13 - NOES – 0 NO. 30 No. 34 "C.Fisher-P.Harris-Req. Asst. Not to Auth. Oper. Lie.-" Used Car Dealer Saad Mkt.-Wakefield/Holden" 669 Bailey Item # 55, C.C.P. 04/29/03 Pursuant to Chapter 254 of the City of Buffalo Ordinances, In response to item #55, C.C.P., April 29, 2003, the advised that I have examined the attached please be Department of Permit & Inspection Services has the following application for a Used Car Dealer License located at 669 Bailey comments and/or recommendations: and find that as to form Is correct. I have caused a investigation On April 17, 2003 an Administrative Hearing was held in the into the premises for which said application for a used car Department of Permit & Inspection Services Office of Licenses dealer license is being sought and according t the attached regarding the Food Store License of 107 Wakfield based on a reports from the Zoning Office, Fire Department and Building disapproval recommendation from the Buffalo Police Inspections, I find it complies with a regulations and other Department. applicable laws. I have caused an investigation by the Police In that hearing, the Administrative Hearing Officer, Patrick Sole Department into the moral character of Mohamed Alawdi. The Jr., Supervisor of Licenses determined that enough evidence attached thereto for Mohamed Alawdi d/b/a M and N Auto was provided to determine that the "operators" of 107 Wakfield Services. This request I Submitted for your approval or were in violation of city , ordinance Chapter 194 "Food Store". whatever action you deem appropriate. Therefore, based on Mr. Sole's determination, an order to REFERRED TO THE COMMITTEE ON LEGISLATION "cease and desist" operations was issued for 107 Wakefield on April 17, 2003. NO. 35 A new Food Store application has since been submitted to the Used Car Dealer City of Buffalo's Office of Licenses. As with all new Food Store 160 Cambria applications this application will be referred to the City's Pursuant to Chapter 254 of the City of Buffalo Ordinances, Building Inspection Office, Collection Office, Fire Department, please be advised that I have examined the attached Police Department and the Zoning Office for recommendations application for a Used Car Dealer License located at 160 on the approval of this application. Cambria and find that as to form is correct. I have caused a REFERRED TO THE COMMITTEE ON LEGILATION investigation into the premises for which said application for a used car dealer license is being sought and according t the NO. 31 attached reports from the Zoning Office, Fire Department and Restaurant Dance Class IV Building Inspections, I find it complies with al regulations and other applicable laws. I have caused an investigation by the FROM THE COMMISSIONER OF COMMUNITY SERVICES Police Department into the moral character of Robert Wilson. The attached thereto for Robert Wilson d/b/a Weco Tire NO. 40 Distributors. This request is submitted for your approval or Performance Audits for Community Based whatever action you deem appropriate. Organizations" Item 102 C.C. P. May 13. 2003 REFERRED TO THE COMMITTEE ON LEGISLATION The Office of Contract Administration has made some minor changes to its contracts with CDBG funded NO. 36 C.B.O.'s in order to provide the Council and the Used Car Dealer Administration with better information when it comes to 1625 Fillmore funding of Community Based Organizations. Pursuant to Chapter 254 of the City of Buffalo Ordinances, The Office of Contract Administration has reassigned staff to please be advised that I have examined the attached increase ongoing monitoring and review of all Community application for a Used Car Dealer License located at 1625 Development Block Grant Public Service funded programs. Fillmore and find that as to form is correct. I have caused a The Department of Community Services will work with the investigation into the premises for which said application for a Council in reviewing and evaluating the Community Based used car dealer license is being sought and according Organizations throughout the year. the attached reports from the Zoning Office, Fire Department The Department of Community Services will file with the and Building Inspections, I find it complies with all regulations Council and the Buffalo Urban Renewal Agency Quarterly and other applicable laws. I have caused an investigation by the Evaluation Reports regarding the performance and services at Police Department into the moral character of Clarence the Community Based Organizations. Eckridge. The attached thereto for Clarence Eckridge d/b/a REFERRED TO THE COMMITTEEE ON FINANCE Beat Them All Auto Service. This request I submitted for your approval or whatever action you deem appropriate. NO. 41 REFERRED TO THE COMMITTEE ON LEGISLATION Permission to accept State grant on behalf of Women for Human Rights and Dignity, Inc. No. 37 I hereby request immediate permission from your Used Car Dealer Honorable Body to authorize the Commission of 184 Reading Community Services to accept two grants from the New Pursuant to Chapter 254 of the City of Buffalo Ordinances, York State Division of Criminal Justice Services for the please be advised that I have examined the attached purpose of enabling Women for Human Rights and application for a Used Car Dealer License located at 184 Dignity, Inc. to conduct an Anti-Drug Abuse Act program. Reading and find that as to form 'Is correct. I have caused a The grant will enable Women for Human Rights and Dignity, investigation into the premises for which said application for a Inc to carry out the program as detailed in the attached Project used car dealer license is being sought and according t the description. The grants total $50,000, and will be utilized to attached reports from the Zoning Office, Fire Department and help offset the administrative costs of the program, more Building Inspections, I find it complies with a relations and specifically for salary reimbursement. other applicable laws. I have caused an investigation by the Mrs. LoTempio Moved: Police Department into the moral character of Mark Marzello. That the above communication from the Commissioner of The attached thereto for Mark Marzello d/b/a AM Sales. This Community Services dated May 22, 2003 be received and filed; request is submitted for your approval or whatever action you and deern appropriate. That the Commissioner of Community Services be, and he REFERRED TO THE COMMITTEE ON LEGISLATION hereby is authorized to accept two (2) grants from the New York State Division of Criminal Justice Services for the purpose NO. 38 of enabling Women for Human Rights and Dignity, Inc. to Wholesale Junk Dealer conduct an Anti Drug Abuse Act program. 669 Bailey Passed. Pursuant to Chapter 254 of the City of Buffalo Ordinances, AYES - 13 - NOES - 0 please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 669 FROM THE BUFFALO ECONOMIC RENAISSANCE Bailey and find that as to form is correct. I have cause an CORPORATION investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought an according NO. 42 to the attached reports from the Zoning Office, Fire Department (NYS EMPIRE ZONE) and Building Inspections, I find it complied with all regulations "Revision to Empire Zone #74 and other applicable laws. I have caused an investigation by the On February 4, 1994, this Honorable Body approved a Local Police Department into the moral character of Mohamed Law creating an Economic Development Zone (hereinafter Alawdi. The attached thereto for Mohamed Alawdi d/b/a M and referred to as (Zone). On January 9, 2002, the City of Buffalo N Auto Service. This request is submitted for your approval or was awarded a second Economic Development Zone, now whatever action you deem appropriate. known as the Empire Zone, by the State of New York. REFERRED TO THE COMMITTEE ON LEGISLATION Subpart 4 of aforesaid Local Law defined the boundaries of the areas of Zone #74. Subsequent to the designation of the FROM THE CONIMISSIONER OF ADIMUNISTRATIONAND Empire Zone, certain areas adjacent to the Zone have been FINANCE proposed for major economic development activities. Due to recent developments and a change in circumstances, No. 39 the Buffalo Economic Renaissance Corporation believe that it General Fund Gap Sheet - Third Quarter 2002-03 is in the best interest of the City of Buffalo to approve a revision Under this cover please find the City's General Fund gap to the boundaries of Empire Zone #74. sheet for the third quarter of Fiscal 2002-03. The gap sheet It is therefore respectfully requested that the attached projects a negative result of operations of $1.308 million. This resolution be approved. is an improvement of $2.017 million from the second quarter RECEIVED AND FILED projection of -$3.325 million. Revenue projections, while still lagging $3.1 million behind NO. 43 budget, improved $1.14 million from the second quarter. J.Rose - Req. Mayor Appt.-Task Force on Property tax collections show the largest improvement of nearly Casino Gaming $600,000 while Other General City Revenues account for the Item #31, C.C.P. 04/01/03 remainder of the increase. The Mayor does not recommend any additional On the expense side, third quarter projections show savings of appointments to the Mayor's Task Force on Casino Gaming at $1.803 million from budget, an improvement of nearly $900,000 this time. from the second quarter. Personal service savings from attrition RECEIVED AND FILED control account for $4 million. Savings in this area are offset from increased expenses in the areas of services, supplies and NO. 44 other employee benefits. Other employee benefits have Response to Council increased due to the Police and Fire 2.25 percent and 2.25 A. Thompson - Casino percent raises, 650s 0 percent and 2.5 percent raise and Item #87, C.C.P. 04/01/03 raises of I percent and 1.25 percent for other bargaining units. Tae Ciardi's comments on Casino Gaming will be The projections for the 2003-04 Fiscal Year are merely the referred to the Mayo's Task Force on Casino Gaming. Mayor's recommended budget. Many of the points made by Tae Ciardi are dictated by the I hope this gap sheet informs the Council on the current status Compact between the State of New York and the Seneca of city finances. As always, I am available to meet with the Nation. They are, therefore, beyond the jurisdiction of the City Common Council to discuss the gap sheet in greater detail. of Buffalo. REFERRED TO THE COMMITTEE ON BUDGET However, the Mayor has repeatedly requested a Development RECEIVED AND FILED Agreement with the Seneca Nation prior to development of a casino in (downtown) Buffalo in order to mitigate any negative impacts of a casino and to enhance the many positive impacts NO. 47 that could result. MINUTES OF THE BOARD OF ETHICS RECEIVED AND FILED Attached please find the minutes of the April 14, 2003 Board of Ethics meeting. No. 45 City of Buffalo Special PILOT for TOPS Niagara Board of Ethics Meeting Item #104, C.C.P. 05/13/03 April 14, 2003 This is to inform you that at ECIDA's Board meeting of May Present: 14, 2003, the Board of Directors approved the Special PILOT Douglas Coppola for TOPS Niagara without any changes. James Magavem RECEIVED AND FILED Richard Sullivan Eleanor Paterson NON-OFFICIAL COMMUN11CATIONS., PETITIONS AND Charles L. Michaux, III REMONSTRANCES David Hayes, of Counsel NON-OFFICIAL COMMUNICATIONS Excused: Michael Risman FROM THE CITY CLERK Item #1) Roll Call Item #2) The board moved to accept the minutes of the March NO. 46 18, 2003 meeting. Mr. Michaux noted that Mr. Risman is MINUTES OF THE BOARD OF ETHICS marked "excused" and that he was in attendance at the Attached please find the minutes of the March 18, 2003 meeting. Mr. Coppola asked that this be corrected before the Board of Ethics meeting. minutes are filed with the Common Council. All were in favor City of Buffalo and the minutes were received and filed. Board of Ethics Meeting Item #3) Mr. Coppola asked if letters had gone out to the March 18, 2003 non-filers. Mr. Hayes, Corporation Counsel stated that they had Present: not, but that he would prepare the letters and mail them Douglas Coppola accordingly. A date of May 20, 2003 was given for non-filers to James Magavern respond without incident of hearing or possible fines. Richard Sullivan Items #4 - #6) All items were received and filed by the board. Eleanor Paterson Old Business: Charles L. Michaux, III Item #1.) The board reviewed the draft letter prepared by Mr. David Hayes, of Counsel Sullivan, and with the correction of one line in the last Michael Risman paragraph of the letter the board moved to have Mr. Sullivan Item #1) Roll Call make the revisions to the draft and send the letter out to Mr. Item #2) The board moved to accept the minutes of the McGurn upon its completion. February 4, 2003 meeting. So moved by Mr. Coppola, Item #2.) The board left this item on the table for future review. seconded by Mrs. Paterson. All were in favor and the minutes Item#3.) Mr. Michaux stated that revisions were being made to were received and filed. the travel voucher by the City's MIS Dept. and that it should be Item #3) A letter received from Mr. Stebbins, BERC for an completed for the boards review at its next meeting. Mr. extension for filing the boards Annual Disclosure Statement Coppola thanked Mr. Michaux for handling the matter promptly. was received and filed. The next meeting of the Board of Ethics was set for Tuesday, Item #4) The Board reviewed the list of non-filers and Mr. May 20, 2003 in room 1317 at 9:00 a.m Meeting adjourned. Coppola asked that David Hayes of Corporation Counsel RECEIVED AND FILED prepare a letter to go out to the late filers giving them 15fifteen days to file. NO. 48 Item #5) The Board received a letter from Council Member LIQUOR LICENSE APPLICATIONS Golombek regarding a potential conflict of interest issue, Mr. Attached hereto are communications from persons applying for Coppola suggested that Mr. Hayes reply to Council Member liquor licenses from the Erie County Alcohol Beverage Control Golombek's letter asking for additional information. Mr. Coppola Board. stated that without knowing more about the Buffalo Civil Auto Address Business Name Owner's Name Ramp Board and Council Member Golombek's function with 62 Allen Street Fiddle Heads Rest Kevin Peinkofer the board that this board could not properly respond. 16 Abbott Road Cathy Connor Cathy Connor Item #6) The board received and filed a letter from Mr. Laudico RECEIVED AND FILED informing the board that he was unable to attend a scheduled trip to Florida. NO. 49 Item #7) After reviewing a letter sent by Mr. Sullivan, Deputy LEAVES OF ABSENCE WITHOUT PAY Commissioner of Streets, regarding a trip he attended in March I transmit herewith notifications received by me, reporting the of 2003, the board asked that a letter go out to granting, of the leaves of absence without pay, in the various Mr. Sullivan requesting a more formal itinerary of the trip for its departments as listed: review. X Public Works, Streets & Parks- Lynn Marie Skulski Item #8) The Board reviewed a letter sent by Mr. Hazzan, X police_ Greg Danieu, Danielle Di Vito General Manager of the Buffalo Sewer Authority. The letter X Permit and Inspection services Matthew Baudo, Robert informed the board that an employee of Mr. Hazzan's, Angel Katilus Rivera, was invited by ITT Flyat to travel to the World RECEIVED AND FILED. Headquarters in Sweden to consider its latest technology for its treatment plant operations. The trip is scheduled for May of NO. 50 2003. After reviewing the letter the board found that Mr. Rivera REPORTS OF ATTENDANCE would be in compliance and could proceed with the proposed I transmit herewith communications received by me, from the travel. Upon his return the board will ask for a complete various boards, commissions, agencies and authorities itinerary of the trip and require Mr. Rivera to file a transactional reporting the membership attendance at their respective form to he attached to his annual disclosure statement. meetings. Item #9) The board received and filed a letter of resignation Buffalo Sewer Authority from Mr. Henry C. Gorino of the Buffalo Board of Parking. The RECEIVED AND FILED board also received and filed items #10 & #11, which were informational materials. NO. 51 Old Business: NOTICES OF APPOINTMENTS - COUNCIL INTERNS Item #1.) After much discussion and after reviewing and I transmit herewith appointments to the position of Council revising a draft letter prepared by Mr. Sullivan, the board moved Intern. to have Mr. Sullivan make the revisions to the draft and send Mrs. LoTempio moved the approval of the appointments to the the letter out to Mr. McGurn upon its completion. Mr. Coppola position of Council Intern. asked that Mr. Sullivan "cc" the Mayor, Mr. Brimmer and the ADOPTED. Zoning Board. Mr. Sullivan agreed and will prepare the letter accordingly. CERTIFICATE OF APPOINTMENT Item #2.) The board left this item on the table for future review. Appointment Effective 5/15/03 in the Department of Item#3.) Mr. Michaux stated that he did not have time to review COMMON COUNCIL to the Position of INTERN I or revise the travel voucher but would do so and report back to SEASONAL, Non-Competitive at the FLAT Starting Salary of the board at its next meeting $7.00/hr The next meeting of the Board of Ethics was set for Monday, RACHEL L. MARTIN, 32 WOODSIDE, BUFFALO, NY 14220 April 14, 2003 in room 1317 at 9:00 a.m. Meeting adjourned. CERTIFICATE OF APPOINTMENT Appointment Effective: May 21 , 2003 in the Department of Appointment Effective: in the Department of Common Pub! ic Works, Parks and Streets, Division of Streets to the Council Position of Seasonal Laborer II, Seasonal, Non-Competitive, to the Position of Intern IV, SEASONAL Appointment at the Flat Starting Salary of $ 8. 15/hr NON-COMPETITIVE at the FLAT Starting Salary of $8.00/hr Ernest Riley, Jr., :692 Northampton, Buffalo, NY 14211 ROSLYN M. DOMINICO, 92 BRAYTON, BUFFALO, NY 14213 CERTIFICATE OF APPOINTMENT Appointment Effective May 20, 2003 in the Department of CERTIFICATE OF APPOINTMENT Public Works, Parks and Streets, Division of Streets to the Appointment Effective 5/14/03 in the Department of Position of Seasonal. Laborer II, Seasonal, Non-Competitive Common Council, Intern IV, SEASONAL at the Flat Starting Salary $8.15/hr of: Appointment, Non-Competitive at the at the FLAT Leamond Turner, 64 Pavoni.a Street, Buffalo, NY 14207 Starting Salary of $6.00/hr Wendell Muhammad, 51 H. Willert Ave, Bflo NY 14204 CERTIFICATE OF APPOINTMENT Appointment NO. 52 Effective May 19, 2003 in the Department of Public Works, NOTICES OF APPOINTMENTS - SEASONAL/FLAT Parks and Streets, Division of Streets to the Position of I transmit herewith certificates received by me, reporting Seasonal Laborer II, Non-Competitive, at the Flat seasonal and flat salary appointments made in various Starting Salary of $8.15/hr departments. Andrew Smolkovich, Jr.,422 Huntington Avenue, Buffalo, NY RECEIVED AND FILED. 14214 VanAlstine Sara, 371 Villa Avenue, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective May 19, 2003 in the Department of CERTIFICATE OF APPOINTMENT Law to the Position of Intern V, Seasonal Non-Competitive at Appointment Effective: May 16, 2003 in the Department of the $8.00 per hour Starting Salary of $ 8:00/h Public Works, Parks and Streets, Division of Streets to the SEAN P. KELLY, 53 Robie Avenue, Buffalo, NY 14214 Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary Starting Salary of $8.15 CERTIFICATE OF APPOINTMENT Samuel. T. Campbell, 10 Sterling Avenue, Buffalo, NY 14216 Appointment Effective 5/9/03 in the Department of Public Brian C. Milligan, 88 Kentucky, Buffalo, NY 1-4204 Works Parks & Streets, Division of Streets to the Position of Clerk non-Competitive at the flat Starting Salary of $ 8.15/hr CERTIFICATE OF APPOINTMENT Anne Bingenheimer, 222 Norwood Ave., Buffalo, NY 14222 Appointment Effective: 5/12/03 in the Department of Public Works Parks & Streets, Division of Engineering to the Position CERTIFICATE OF APPOINTMENT of Laborer II, Appointment Effective May 14,2003 in the Department of Seasonal Non-Competitive at the Flat Starting Salary of $ 8. 15 Public Works, Parks and Streets to the Position of Fee Anne Marie McGrath, 161 Marine Drive Apt. #6E, Buffalo, NY Collector SEASONAL 14202 APPOINTMENT at the MINIMUM Starting Salary of $5.15 Hennigan Robert, 79 Marine Drive. Buffalo 14202 CERTIFICATE OF APPOINTMENT Appointment Effective: May 9, 2003 in the Department of CERTIFICATE OF APPOINTMENT Public Works Parks & Streets, Division of Engineering to the Appointment Effective: 5/27/03 in the Department of Public Position of Laborer II, Seasonal, Non-Competitive at the flat Works Parks & Streets, Division of Engineering to the Position starting salary of $8.15/hr of Laborer II, Kyle P. Murphy, 399 Voorhees Ave., Buffalo, NY 14216 Seasonal Non-Competitive at the Flat Starting Salary of: $ 8.15/hr NO. 53 Jerry Chapman, 436 Langfield Drive, Buffalo NY14215 APPOINTMENTS - TEMPORARY, PROVISIONAL OR Joseph M. Brocato, 83 Tacoma Ave., Buffalo, NY 14216 PERMANENT I transmit herewith Appointments in the various departments CERTIFICATE OF APPOINTMENT made at the Minimum (Temporary, Provisional or Permanent) Appointment Effective May 22,2003 in the Department of and for Appointments at the Maximum (as per contract Public Works, Parks and Streets to the Position of Laborer II, requirements) . SEASONAL REFERRED TO THE COMMITTEE ON CIVIL SERVICE. APPOINTMENT at the MINIMUM Starting Salary of $8.15 ph Allen Steven, 720 Parkside Avenue, Buffalo 14216 CERTIFICATE OF APPOINTMENT McParlane Thomas, 38 Eaglewood, Buffalo 14220 Appointment Effective 05/19/2003 in the Department of Administration and Finance, Division of Budget to the Position CERTIFICATE OF APPOINTMENT of Appointment Effective 5/21/03 in the Department of Public Administrative Aide, Provisional Appointment, Non-Competitive Works Parks & Streets, Division of Engineering to the Position at the MINIMUM Starting Salary of $25,005 of Laborer II Marilyn Fazio, 23 McClellan Circle, Buffalo, New York 14220 Seasonal Appointment at the Flat Starting Salary of $8.15/hr Matthew Kreuz, 257 Bedford Ave., Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 05/21/03 in the Department of CERTIFICATE OF APPOINTMENT Administration and Finance, Division of Parking Enforcement to Appointment Effective: May 19, 2003 in the Department of the Position of Public Works Parks & Streets, Division of Engineering to the Hearing Examiner, temporary non competitive at the flat Position of Laborer II, Seasonal, Non-Competitive at the Flat starting salary of $110/day Starting Salary of Patrick T. Garrity, 1773 Hertel Avenue, Buffalo 14216 $8.15/hr Lindsay Empric, 355 Whitfield Ave., Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Abraham McKinney, 216 Koons Ave., Buffalo, NY 14211 Appointment Effective May 12, 2003 in the Department of Community Services, Division of Community Services CERTIFICATE OF APPOINTMENT to the Position of Attendant Temporary Appointment at the flat Appointment Effective: May 23, 2003 in the Department of Starting Salary of $6.00/hr Public Works, Parks and Streets, Division of Streets to the Sherrie Cich, 140 Elk, Buffalo 14210 Position of Seasonal. Laborer II, Seasonal, Non-Competitive Lon Foltz, 90 Smith, Buffalo 14210 at the Flat Starting Salary of $ 8. 15 Katiejo Kiebzak, 39 St. Stephens, Buffalo 14210 Donald Palmer, 31 Philadelphia, Buffalo, NY 14207 Liza Waters, 779 Perry, Buffalo 14210 Nicholas Derfert, 103 Pontiac Street, Buffalo, NY 14206 Curtis Middlebrooks, 77 Cloverdale, Buffalo 14215 CERTIFICATE OF APPOINTMENT CERTIFICATE OF APPOINTMENT Appointment Effective May 22, 2003 in the Department of Appointment Effective: 5/12/03 in the Department of Public Public Works, Parks and Streets, Division of Streets to the Works Parks & Streets, Division of Engineering to the Position Position of Seasonal Laborer II, Seasonal Non-Competitive at of Senior Engineering Aide, Provisional Promotion at the: the Flat Minimum Starting Salary of: $ 30,310 Starting Salary of $ 8. 15 Robert Schmarder, 426 South Ogden, Buffalo, NY Marlino Gress, 45 Saratoga Street, Buffalo, NY 14207 14206 CERTIFICATE OF APPOINTMENT NO. 54 CIMINELLI CONSTRUCTION-JOINT SCHOOLS dispersing the crowd at the close of the show, which was CONSTRUCTION BOARD DOCUMENTS located in the Central Park Plaza- Attached are the following documents that were approved at Please help me in welcoming the circus back to Buffalo by the May 19, 2003 Joint Schools Construction Board Meeting. granting them an additional 2hour period between the dates of Draft Agenda for meeting dated May 19, 2003 June 6 through June 251h to set up, clean and disperse the Meeting Minutes from JSCB Meeting dated March 17, 2003 crowd after each performance. Approved Application and Certificate for Payment No. 7 - REFERRED TO LEGISLATION AND THE March 2003 COMMISSIONER OF PUBLIC WORKS Approved Application and Certificate for Payment No. 8 - April 2003 NO. 59 Career Path Meeting Minutes Dated February 20, 2003 R. FONTANA-KALEIDA HEALTH-HELIPAD COMMITMENT Bevlar & Associates Inc, Construction Contract Monitoring and WOMEN’S AND CHILDREN’S HOSPITAL Compliance Services Monthly Report for Dr. Lydia T. Wright Dear Councilman Fontana, School of Excellence #89 - February and March 2003 This is to finalize the commitment that Women and Children's Bevlar & Associates Inc. Construction Contract Monitoring and Hospital of Buffalo has made concerning the construction of a Compliance Services Monthly Report for District Wide helipad on our site at Bryant Street. Technology Project - Phase I and Phase II February and March 1 . We will hold a community meeting within six months 2003 after the initiation of helicopter Rights from the hospital helipad Resource Planning Associates, Inc. Construction Contract to communicate the usage and learn from the community of an) Monitoring and Compliance Monthly Report for Integrated issue and concerns they may have. As always, we will maintain Projects - March and April 2003 an open door" policy to any individual or group that may have JSCB Inclusion Committee Minutes from April 2, 2003 questions or concerns before and/or after such a community School Construction Projects Contract Lists Compiled by staff meeting. of BOE Division of 2. We will only use the helipad to transport women or children Plant Services and Facility Planning that are being treated at Women and Children's Hospital. REFERRED TO THE COMMITTEE ON EDUCATION 3. Within two years of the helipad being operational, we will ensure that the external oxygen tanks are located no closer NO. 55 than 100 feet from the nearest residential property. ECDEC-BUFFALO OUTER HARBOR RECREATION AREA I believe that this resolves the major issues that were brought to 461-525 FUHRMAN BLVD he STATE ENVIRONMENTAL QUALITY REVIEW Council's attention at the May 20, 2003 meeting. Please let me SOLICITATION FOR LEAD AGENCY STATUS know if you have any additional questions. TYPE I ACTION Sincerely, Pursuant to Part 617 of the implementing regulations pertaining Stuart W. Williams, President to Article 8 (State Environmental Quality Review Act) of the Women and Children's Hospital of Buffalo Environmental Conservation Law. LAID ON THE TABLE National Fuel Gas Name of Action: Buffalo Outer Harbor Recreation Area NO. 60 Location: 461 & 525 Fuhrman Blvd. B GRANT-D. LEVESQUE-CONCERNS SHOSHONE PARK Buffalo, Erie County, New York Please file enclosed correspondence for Tuesday, May 27, Project Number: M617-03-327 2003 Common Council Meeting. Erie County Department of Environment and Planning has Thank you for your attention to this matter. If you have any identified this project as a Type 1 action for the purpose of questions, please feel free to contact my office. SEQR, and has chosen to coordinate the review of involved David R. Levesque agencies pursuant to 6 NYCRR, Part 617.7 59 Shoshone Street Any involved or interested agency may submit comments in Buffalo, New York, 14214 writing within 30 days of the date of this notification. If no (716) 432-3466 objections are expressed, Erie County Department of david@abstractimageworks.com Environment and Planning will assume lead agency status. May 12,2003 REFERRED TO THE COMMITTEE ON COMMUNITY Ms. Betty Jean Grant DEVELOPMENT AND THE CORPORATION COUNSEL University District Council Member Room 14202 City Hall NO. 56 Buffalo, NY, 14202 C. FISHER-S. GREENBERGER-HUB WOULD TAX THE Dear Ms. Grant, TAX EXEMPT I am writing to you today to share a recent experience as well I hereby submit for film(g copies of an- article by Scott as introduce my family. My fiance and I recently became Greenberger regarding Boston Mayor Menino "mounting a residents of the city when we purchased a home and moved in campaign to pressure Harvard University and scores of other last October. Our backyard is bordered on two sides by tax-exempt 411 institutions for larger payments in lieu of taxes". neighbors and the direct back by Shoshone Park, which we Attached correspondence available for review in the City absolutely love. We had planned to erect a new fence on both Clerk’s Office sides of the yard but leave the back city fence uncovered so as REFERRED TO THE COMMITTEE ON FINANCE to enjoy views of the park, little league games, etc. This past weekend, I'm sad to say, almost caused us to change our NO. 57 minds. C FISHER-PUBLIC SAFETY FUNDAMENTAL COURSE Now that the weather is improving we have noticed kids The fall 2003 school year in the Cleveland (Ohio) Public School gathering after dark on the bleachers to hang out and drink System will offer Public Safety Fundamentals (foundation alcohol, which is another issue. (We were that age once course explores careers in public safety) to ninth and tenth ourselves so we can understand their nature). We don't grader (pdf catalog page 80) and Fire Technology I to eleven necessarily mind the hanging out part but the sight of empty and twelve grader (pdf catalog page 79) at the Martin Luther cans everywhere the next morning is getting a bit old. Saturday, King School for Law and Municipal Careers. however, was a bit too much. We awoke to the sound of The shadowing ride along program will begin this month for five seagulls and the large blue trash receptacle directly across the seniors and four juniors. These students currently have an fence from our house next to the bleachers toppled over and interest in EMT, Fire Fighting and Fire Prevention. the garbage scattered everywhere. My fianc6 and I decided to REFERRED TO THE CO.NWITTEE ON EDUCATION spend some time cleaning it up as we sure couldn't stand to look at it all day during a cookout. NO. 58 We gathered our rake, shovel, and some gloves and headed C. FISHER-UNIVERSAL CIRCUS EXT OF PARK HOURS over to the park only to find four other receptacles toppled over I hereby submit for filing copies of a letter regarding the and one of them burned! We don't remember hearing fire extension of park hours for the UniverSoul Circus. trucks or anything so it couldn’t have been too large. but there it Last year the City of Buffalo was very successful in attracting was right in front of us. We also noticed a small piece of graffiti "the best in urban family entertainment" the dynamic on the park sign itself. Ms. Grant, we know we can't control or UniverSoul Circus. Once again, the circus is coming to town. put a halt to all the kids on the bleachers after dark but we have This year the show will be located in the Martin Luther Kino, Jr, decided as a couple, and proud city residents who enjoy the Park in conjunction with the Juneteenth Festival. The views out our windows, to devote a couple hours every Sunday performances begin at 10 am and end at 10 p.m. Due to the to picking up after others less considerate. It's already a habit fact that the circus staff will have to clean up debris, load to pick up litter we find on our block but now we will commit this animals and disperse the crowd at the end of the 10:00 p.m. time to the park as well. We already love walking places show, I am asking that a waiver be granted to extend access to together except now we will carry a bag and some gloves. I'm the Park until 11: 59 pm. to the circus performers, staff and hoping this incident with the receptacles was isolated but I fear authorized agents. Last year, the circus did an excellent job that with Summer approaching and school ending that we've only seen the beginning. I must tell you, we sincerely love and enjoy the city park the prestige and value that they deserve. If the job description system, the City of Buffalo, and our neighborhood and are of a firefighter changes to include building inspecting, then simply attempting to involve ourselves as we have a vested saving lives and fighting fires will inadvertently become only one interest due to our property location. I am also gathering component of the job, rather than the primary focus. information on starting a Shoshone Street block club if you Our city officials need to think long and hard about the have any suggestions. I've noticed other surrounding upcoming choices they will be making. These choices will neighborhoods have them and feel it would help ours. In affect the futures of men and women who have worked hard to addition, I have sent similar letters to Mayor Masiello and the support their families. As the graduate of a prestigious Parks Commissioner in hopes something could be done with university that my father helped pay for, I feel it is my regards to police presence around the park after hours. Maybe daughterly duty to use my writing skills to repay him in this something as simple as a car passing by occasionally on small way. It's the least I could do for everything he has done Hertel, Beard, or Parkside Court with a high beam light? I for me. realize that the police staffing is down but anything would help. To all the people who have read this article and agree with my Lastly, when we were gathering the trash we were quite argument, do not fall victim to cynicism and helplessness. As appalled by the number of plastic and glass bottles in the piles. voters and taxpayers, we have the right to voice our opinions I read a recent Buffalo News article on the lack of residents and demand the attention of our elected officials. If nothing recycling, and I'm proud to say we are not in that group. Would else, Mayor Masiello, a rational justification for your decision is it make more sense to place some recyclable specific cans all we are asking for. around the park? Maybe if residents would get in the habit of REFERRED TO THE COMMITTEE OF THE WHOLE recycling at the parks then it might carry over to the home? As it is, I would be happy to toss the glass and plastic I collect NO. 62 during my time in the park into my own resident bin but I may M. HANS-RESPONSE-RECEIVING STORAGE TRANSFER- need to beg for a larger one! NYC GARBAGE-CLINTON BAILEY NEIGH Thank you for your time and you have our sincere commitment Your letter of May 14, 2003 to Mr. Gerald Mikol was referred as residents to help with Shoshone Park. I've also enclosed my to me for a response. Your letter asked for Department business card as I work with a local company and have more comments on the illegal storage of municipal solid waste in than just a personal interest in this great city. My company containers at a rail yard in the Clinton-Bailey area of Buffalo. recently purchased a building opposite the Buffalo Zoo on The Department is aware of this illegal activity and we have Parkside for some retail and office space and I am thrilled to be referred this case to the New York State Attorney Generals so close to such wonderful parks! Thank you for all your efforts office for enforcement. This waste was shipped to Buffalo by and I look forward too eventually meeting you. Chem-Rail Logistics. Chem-Rail has not paid for the containers REFERRED TO THE COMMITTEE ON LEGISLATION, in which the waste is stored and the company that sold them COMMISSIONER OF PUBLIC WORKS AND THE the containers would like them back. The company that sold COMMISSIONER OF POLICE the containers to Chem-Rail Logistics has proposed to remove the containers from the site and properly dispose of the waste NO. 61 material. Department staff are working with this company on J. GREENE-CONCERNS BLDG INSPECTORS several issues that must be resolved before the waste can be Ms. Davis: sent for disposal. Buffalo's serious economic troubles have been the topic of Should You have any questions, please call me at 851-7220. many conversations. The proposed budget cuts have Sincerely, stimulated incessant debates about what should be cut, and Mark J. Hans, P.E. why. I am writing the following letter in response to the Mayor's Regional Solid Materials Engineer proposal to eradicate the Jobs of many Building Inspectors and REFERRED TO THE COMMITTEE ON LEGISLATION replace these jobs by increasing the duties of our local firefighters. NO. 63 Over the past decade, I have witnessed my father actively T. PIETRZAK-BIRCHFIELD-PENNEY ART CENTERREQ involved in his work as a Buffalo Building Inspector. He takes REINSTATEMENT OF CULTURAL FUNDING his job very seriously, and does everything in his power to help On behalf of the board, council, and our members, I am writing Buffalo residents improve the condition of their neighborhoods. to request that you reintroduce the cultural funding that was cut When owners of city property choose not to comply with city from, previous year's budgeting the upcoming years and ordinances, they are fined. In doing so, every building inspector reinstate the position of the Executive Director of the Buffalo Ail generates large amounts of revenue for the city each time they Commission. write up a resident on a code violation, or make an appearance We realize the fiscal pressure on the city. The cuts last year in in court. It is the job of my father, as well as other people in his Cultural funding were an unfortunate, emergency measure but department to follow-up on every violation, resulting in better it indicated something more than a paring back of expenses. quality homes and happier city residents. Keeping this in mind, It indicated that the vision of achieving a balanced and the question then becomes, why is our Mayor choosing to lay sustainable community is waning. Reaction 'Is more important off a significant number of men and women from a city to decision-makers than thoughtful action. department that is so imperative to maintaining it's beauty and We realize the tremendous pressure on our leaders and wealth? elected officials. But one thing we also realize is that entirely To compensate for the complete loss of this department, the cutting out any form of support for this critical dimension in the Mayor has chosen to take a rather absurd action. In addition to community is irresponsible and reflects a lack of commitment their current duties, our heroic men and women who fight fires to the quality of life. You have forgotten that your responsibility and save lives on a daily basis will now be given more money to is to lead us towards a balanced community including having do the Job of our building inspectors. The Mayor plans to raise our children educated, our trash picked up and our homes the salaries of our firefighters, in protected. These are minimum expectations, minimum, addition to paying for all of them to take vigorous hours of code because from there we can begin to live. classes. How is this justifiable? How is this even logical? Life is more then eating, breathing and Putting out the trash. In these harsh times of economic distress, I understand that We need the arts so that we can contemplate ourselves and the city needs to save money and find new ways to make more our world, our relationship to others and our environment, money. Essentially, if a business can find an innovative way to where we have come from and where we are going, We do this cut costs, while generating more revenue, then it makes sense through Cultural experiences. to implement the new plan. This is an economic truth. As elected officials, your wisdom is needed more than ever. Unfortunately, the proposal by our Mayor is far from innovative. You have been elected as a trustee of a community. Your Any person with basic mathematical skills can see that if we responsibilities are not just balancing the budget but ensuring increase firefighter salaries and pay for their code classes, this for the entire health of the community. I pray that you will will never be more profitable than our current situation. reinstitute cultural funding, and the position of the Executive We are talking about laying off a department of men and Director of the Buffalo Arts Commission. You need to provide a women who have spent hours a day going out onto the streets clear signal that though, cultural funding is a small fraction of of Buffalo to investigate code violations, committing each code the budget, it is quintessential to our individual lives and to memory, while building a solid and positive rapport with important to our community. Buffalo residents; people who have seen first hand, the Please help keep the quality of life and the people in Buffalo. difference that these men and women have made for our city. Yours sincerely This is what they do. Among other things, they help tenants Ted Pietrzak, Director who have been taken advantage of by their landlords and help REFERRED TO THE COMMITTEE OF THE WHOLE law enforcement officials to investigate local delis who have engaged in unlawful activity. Simply put, their jobs have ignited NO. 64 people's trust in our city. Now all of a sudden, in a very bold, M. SCHMAND-OUTDOOR CAFÉ AT SPHERE politically and economically unjustifiable decision, the Mayor Re: #56 C,C-P- May 13 2003 Outdoor C06 at Sphere wants to take that all away. Thank you for requesting the opinion of Buffalo Place regarding Enough about economics, where is our humanity? After the proposed outdoor cafe at The Sphere. Our staff review September 11, the jobs of firefighters have finally been given included overview of the plans, site, and talking with the owner. Place is a strong supporter of outdoor cafes, especially on at Women's and Children’s Hospital of Buffalo (WCHOB) on Main Street, which has 3idewalks that are too wide and can the NICU roof site. benefit from additional activity. The caf6 proposed by The The reality of the situation is that a private company is Sphere will provide life to a quiet part of the pedestrian mail. enhancing their paid services at the expense of our quality of The layout provides for through pedestrian and service vehicle life, safety and the value of our property. traffic. When we purchased our homes, there was no proposed We enthusiastically recommend approval of this outdoor cafe helipad. Now we find that helicopters will be landing less than RECEIVED AND FILED 50 yards from our homes. We are not against the helipad, We are against the proposed NO. 65 NICU roof site location. A. THOMPSON—COORESPONDENCE TO SOLICITOR There was an "Environmental Impact Study" commissioned by GENERAL CAITLIN HALLIGAN Kaleida. We believe that cost alone was the prime motivating Dear Mr. Michaux III factor in choosing the NICU site over other sites, Not structural I am writing to respectfully request that you file a stability, Emergency room proximity, or community safety, as correspondence from Solicitor General Caitlin Halligan with the presented 'in the study. The Variety Tower site estimate was Council for discussion at the next meeting dated Tuesday May $850,000, compared to $670,000 for the NICU roof site 13, 2003. renovations. If you have any questions, please do not hesitate to contact me This study called the sight on top of the Variety Club Tower directly at (716) 851 -5145. "questionable" in it's ability to withstand the additional structural REFERRED TO THE MINORITY BUSINESS ENTERPRISE load. Here is an interesting fact about structural loads: Mercy COMMITTEE flight helicopters weigh around 6000 lbs. Three feet of wet snow in the same footprint as this helicopter, would weigh NO. 66 approximately 7200 lbs. or1200 pounds more. Many INFORMATION FROM THEODORE MYERS FROM THE commercial air conditioners have a heavier pound per square NEW YORK STATE DEPARTMENT OF foot density than the helicopter. ENVIRONMENTAL CONSERVATION DIVISION OF WATER The fact is that a study should analyze feasibility rather than , dismiss the site as "questionable". WATER METER PROGRAM The historical noise data used in the "study" was 3 years and Dear Mr. Michaux III: the whole idea of building the helipad is to increase usage, offer I am writing to respectfully request that you file a enhanced service. Or as Mayor Masiello put it "the helipad will correspondence from Theodore Myers from the New York be a boost for an economically challenged facility." This makes State Department of Environmental Conservation regarding the the noise data used in the study obselete. City of Buffalo's Water Meterization Program with the Council The fact is that even using the old data, the DNL(day night for discussion at the next meeting dated Tuesday May 13, level) calculations of 65dril had already put the surrounding 2003. residential homes in what the FAA calls "unacceptable for If you have any questions, please do not hesitate to contact me residential, educational or religious land uses." These directly at (716) 8 5 1 -5145. unacceptable noise levels are guaranteed to increase with REFERRED TO THE COMMITTEE ON LEGISLATION AND increased usage. THE COMMISSIONER OF PUBLIC WORKS The Variety Tower Site is safer. It has a 360 degree access for landing and takeoff, whereas, the NICU roof is limited to PETITIONS 200 degrees at best. NO. 67 The Variety Tower Site is quieter. D. WEYAND, AGENT, USE 38 NYC RR-PLACEMENT OF It would be over 6 stories higher and away from people than the TEMPORARY 164' METEOROLOGICAL TOWER ON CSX NICU roof site. RAILROAD PROPERTY (HRG. 6/3) The Variety Tower Site prevailing winds would remain REFERRED TO THE COMMITTEE ON LEGISLATION, consistent. DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING The lower landing site has inconsistent wind patterns due to BOARD AND CORPORATION COUNSEL. the Tanner Building blocking the prevailing wind off the lake. Any pilot would prefer consistent wind patterns. NO. 68 The Variety Tower Site is closer. B. BUCHANAN, AGENT, USE 1368 HERTEL AVENTTLE The fact is, that as a crow flies, the emergency room is about SIDEWALK CAFE. (HRG. 6/3) half the distance from the top of the Variety Tower than the REFERRED TO THE COMMITTEE ON LEGISLATION, proposed NICU roof location. DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING How close will you be. BOARD AND CORPORATION COUNSEL. Unbeknownst to residents nearby, the helicopter will be closer than 200 feet to the tops of their houses if they live within 5 NO. 69 football fields of the flight path of the proposed Helipad. That D. MIKA, AZENT. USE 263 WASHIN2TON-POLE SIGN will happen at least once a day on a good day, more often if (NAME OF AGENT, OWNER) (ADDRESS)business increases as anticipated. - (PROJECT) The Variety Tower Site is not cheaper. (PHONE #479-0589) Inexpensive, shortsighted, patches to sometimes imagined The attached is for Common Council Approval; but per crisises have caused Buffalo as a community to long suffer. Permits, no public hearing is required. Again, We believe a mistake of this nature is being made that REFERRED TO THE COMMITTEE ON LEGISLATION, could make one of the most desirable neighborhoods in the DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING city, undesirable. BOARD AND CORPORATION COUNSEL. I'm from Missouri, show me. Nearby residents deserve a pre-announced demonstration of a NO. 70 touchdown and takeoff on the proposed sight before it is B. GRANT-M. SHOWER & OTHERS-REQ 2 HR SIGNS constructed. This way, skeptics might be converted and REMOVED FROM BLOCK HIGHGATE AVENUE questions of disturbance can be put to rest. We are hopeful Please file enclosed correspondence for Tuesday, May 27, this can take place before a full green light is granted to this 2003 Common Council Meeting. site and project This is not the first time we have requested Thank you for your attention to this matter. If you have any this. questions, please feel free to contact my office. We would like to close by saying that should the project happen Petition from the 400 Block as proposed by Kaleida, we will hold the City of Buffalo, Highgate Ave. Kaleida, and the Women's and Childrens Hospital of Buffalo We the undersigned want the 2 hour signs removed from our responsible for any damages and/or losses suffered due to block. locating the helipad on top of the NICU roof In the way of explanation, Highgate is a one side parking REFERRED TO THE COMMITTEE ON LEGISLATION street. There is no alternate parking. Each house, often has 3 or more cars per house. There is not enough driveway space REGULAR COMMITTEES to have all cars off the street. CIVIL SERVICE REFERRED TO THE COMMITTEE ON LEGISLATION (MARC A. COPPOLA, CHAIRPERSON) ALND THE COMMISSIONE OF PUBLIC WORKS NO. 72 NO. 71 APPT.-SUPV. HEARING EXAMINER (PART-TIME) (MAX) R. PRICE & OTHERS-CONCERNS PROPOSED WOMEN (A&F) AND CHILDRENS HOSPITAL OF BUFFALO HELIPAD (CCP#36-APR. 29, 03) Sirs and Madams: That the above item be and the same hereby is received and For the record, We are homeowners on Bryant street and filed. Oakland avenue. We live directly across from the proposed ADOPTED helipad. We will be most impacted by the approval of a helipad NO. 73 That the offer from Taher W. Abdellatif, 191 Fareway Lane, APPOINTMENT Grand Island, in the sum of Nine Thousand Dollars ($9,000.00) APPT.-ASST. TO ASSESSOR (INTER#4) (ASSESS/TAX) to purchase the property described as 678 Bailey Avenue, be (ITEM NO. 9-C.C.P. MAY 13, 2003) and hereby is accepted; and That Communication 9, May 13, 2003 be received and filed That the buyer will be required to pay a ten percent (10%) and the permanent appointment of Brian A. Sullivan stated buyer premium to Cash Realty and Auction; and above at the intermediate salary of $27,132 effective on April That the City of Buffalo will not provide a search or survey; and 28, 2003 is hereby approved. That the Corporation Counsel be authorized to prepare the PASSED necessary documents for the transfer of title and that the Mayor AYES - 13 NOES - 0 be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. NO. 74 PASSED NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CIL) AYES - 13 NOES - 0 (CCP441 -MAY 13, 03) That the above item be and the same hereby is received and NO. 84 filed. REPORT OF AUCTION - 256, 258, 268, 272 EAST FERRY ADOPTED STREET, 1478, 1482 JEFFERSON AVENUE FINANCE (ITEM NO. 4 C.C.P., APR. 29, 2003) (BETTY JEAN GRANT, CHAIRPERSON) That the above item be, and the same hereby is NO. 75 returned to the Common Council without recommendation. XPAND-LIEN ANALYSIS SUMMARY (A&F) Mrs. Grant moved that the above item be recommitted to the (CCP#47-FEB 18, 03) Committee on Finance. ADOPTED. That the above item be and the same hereby is received and filed. NO. 85 ADOPTED RESULTS OF NEGOTIATIONS - 590 SWAN STREET (ITEM NO. 4, C. C.P., MAY 13, 2003) NO. 76 That the offer from Robert P. Rieker, residing at 578 Swan XPAND-INCREASING MUNICIPAL REVENUES (#67, 1/7) Street, in the sum of One Thousand and Six Hundred Dollars (CCP#98-FEB 18, 03) ($1,600.00) for the purchase of 590 Swan Street, be and is That the above item be and the same hereby is received and hereby accepted; and filed. That the appraisal requested by the City of Buffalo shall be paid ADOPTED by the purchaser; and That the transfer tax, recording fees and cost of legal NO. 77 description shall be paid by the purchaser; and B. DAVIS-XSPAND-DEBT COLLECTION IN NEW YORK That the Corporation Counsel be authorized to prepare the STATE necessary documents for the transfer of title and that the Mayor (CCP#55-MAR. 4,03) be authorized to execute the same, in accordance with the That the above item be and the same hereby is received and terms of sale upon which the offer was submitted. filed. PASSED ADOPTED AYES - 13 NOES - 0 NO. 78 NO. 86 B. DAVIS-STATE OFFERS AMNESTY TO LATE D. DEBOTH-REQ. PURCHASE-1938 NIAGARA ST. TAXPAYERS(#64,11/26) (CCP#54-APR. 29, 03) CCP#56 JAN 7, 03 That the above item be and the same hereby is received and That the above item be and the same hereby is received and filed. filed. ADOPTED ADOPTED NO. 87 NO. 79 BAILEY AMHERST DISTRICT MANAGEMENT APOLLO MEDIA CENTER - WORKSITE AGREEMENT ASSOCIATION (ITEM NO. 12, C.C.P., MAY 13, 2003) (ITEM NO. 42, C.C.P., MAY 13, 2003) That the Commissioner of Public Works, Parks and Streets That this Common Council approves the budget for the is hereby authorized to enter into a worksite agreement with the Bailey Amherst District Management Association for the fiscal Workforce Corporation of Buffalo and Erie County for use of year 7/l/03-6/30/04. the Apollo Media Center between July I and September 1, PASSED 2003. AYES - 13 NOES - 0 PASSED AYES - 13 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 80 PAYMENT OF DISPOSAL CHARGES - AMERICORPS NO. 88 (ITEM NO. 5, C.C.P., MAY 13, 2003) J. GUAGLIARDO, PETITION TO USE 681 MAIN STREET - That the Common Council does hereby authorize the ERECTION OF SIDEWALK CAFE Comptroller and the Department of Public Works, Parks and (ITEM NO. 56, C.C.P., MAY 13, 2003) Streets to abate the disposal charges levied against That the above item be, and the same hereby is, returned to Americorps in the amount of $2,172.96. the Common Council without recommendation. PASSED Mr. Fontana moved: AYES - 13 NOES - 0 That after the public hearing before the Committee on Legislation on May 20, 2003, the petition of I Guagliardo, NO. 81 owner, for permission to use 681 Main Street for the erection of A. THOMPSON-BRUCE DOVE-DOVE MINISTRIES a sidewalk caf6 in front of the nightclub be, and hereby is (CCP#61 -APR. 15, 03) approved with the following conditions: That the above item be and the same hereby is received and 1 . That there be no outside trash permitted on the sidewalk filed. caf6. ADOPTED 2. That there be no outside music permitted on the sidewalk cafi6. NO. 82 3. That the sidewalk caB6 close at 4:00 a.m. for a one-year A. THOMPSON-BRUCE DOVE-DOVE MINISTRIES (PW) period. (CCP#22-APR. 29, 03) PASSED That the above item be and the same hereby is received and AYES - 13 NOES - 0 filed. ADOPTED NO. 89 C. PIECH, PETITION TO USE 555 PROSPECT - D'YOUVILLE COLLEGE - SIGNS NO. 83 (ITEM NO. 57, C.C.P., MAY 13, 2003) REPORT OF AUCTION - 678 BAHEY AVENUE That the petition of C. Piech, agent, for permission to use 555 (ITEM NO. 2, C. C.P., APR. 29, 2003) Prospect for free standing signs, 3 ground signs and 8 pole (ITEM NO. 74, C. C.P., MAY 13, 2003) signs be, and hereby is approved. PASSED AYES - 13 NOES - 0 4. That the hours of operation for the shop should be between 7:00 a.m. and 6:00 p.m. NO. 90 PASSED D. MIKA, PETITION TO USE 2421 MAIN STREET - SIGNS AYES - 13 NOES - 0 (ITEM NO. 58, C.C.P., MAY 13, 2003) That the petition of D. Mika, agent, for permission to use NO. 98 2421 Main Street for an illuminated ground sign and 2 SIDEWALK CAFE - 23 4 DELAWARE AVENUE A/K/A 1] 5 non-illuminated ground signs be, and hereby is approved. W. CHIPPEWA PASSED (ITEM NO. 28, C.C.P., APR. 15, 2003) AYES - 13 NOES - 0 That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to NO. 91 Brian Ruffino, owner of the Chippewa Street Grille, located at C. AMBRUS, PETITION TO USE 219 BRYANT - 234 Delaware Avenue, to install a sidewalk cafe, which would PLACEMENT OF HELIPORT - WOMEN AND CHILDREN'S encroach city fight-of-way at said address, subject to the HOSPITAL following conditions: (ITEM NO. 86, C.C.P., MAR. 18, 2003) 1 . That the applicant obtains any and all other City of That the above item be, and the same hereby is, returned to Buffalo permits necessary for said installation. the Common Council without recommendation. 2. That the sidewalk cafe be installed exactly as shown Mr. Fontana now moved: on plans submitted to and approved by the Department of To table above item Permit and Inspection Services. LAID ON THE TABLE 3. That the sidewalk cafe does not exceed twenty-nine (29') in length or extend more than fifteen feet (15') from the NO. 92 building face. WOMEN AND CHILDREN'S HOSPITAL HELIPAD (PW) 4. That no portion of the sidewalk cafe be permanent in (ITEM NO. 23, C.C.P., APR. 29, 2003) nature or permanently affixed to the main building or public That the above item be, and the same hereby is, returned to sidewalk. the Common Council without recommendation. 5. That the sidewalk cafe be completely removed from Mr. Fontana moved: City fight-of-way from November 15 to April I each year. That the above mentioned item be and the same is hereby 6. That the applicant be assessed the annual fee of received and filed. one dollar and thirty cents ($1.30) per square foot of City ADOPTED fight-of-way occupied by said sidewalk café as described in Chapter 413, Article Section 59 (Sidewalk Cafes) of the City M NO. 93 Ordinances. WOMEN AND CHILDREN'S HOSPITAL HELIPAD (POLICE) 7. That the applicant supply the Department of Public (ITEM NO. 23, C.C.P., MAY 13, 2003) Works, Parks and Streets with a five thousand dollar That the above item be, and the same hereby is, returned to ($5,000.00) construction in street bond or certificate of the Common Council without recommendation. insurance which will indemnify and save harmless the City of Mr. Fontana Moved: Buffalo against any and all loss or damage arising out of the That the above mentioned item be and the same is hereby construction, maintenance, use and removal of said sidewalk received and filed. cafe. ADOPTED PASSED AYES - 13 NOES - 0 NO. 94 WOMEN AND CHFLDREN'S HOSPITAL HELIPAD (FIRE) NO. 99 (ITEM NO. 25, C.C.P., MAY 13, 2003) REAPPOINTMENT MEMBERS TO THE BUFFALO CABLE That the above item be, and the same hereby is, returned to ACCESS TV ADVISORY BOARD the Common Council without recommendation. (ITEM NO. 66, C.C.P., FEB. 18, 2003) Mr. Fontana moved: That the reappointment of Herb Cadle, Andres Garcia, Zeb That the above mentioned item be and the same is hereby Syed and Scott Turner, as members of the Buffalo Cable received and filed. Access TV Advisory Board for two year terms be, and hereby ADOPTED is approved. PASSED NO. 95 AYES - 13 NOES - 0 WOMEN AND CHILDREN'S HOSPITAL - USE PERMIT FOR A HELIPAD (PERMIT) NO. 100 (ITEM NO. 30, C.C.P., MAY 13, 2003) REV. OF NOMINEES-APPT.-BFLO. CABLE ACCESS TV That the above item be, and the same hereby is, returned to ADV. BD. (LAW) the Common Council without recommendation. (CCP#26-MAR. 4, 03) Mr. Fontana moved: That the above item be and the same hereby is received and That the above mentioned item be and the same is hereby filed. received and filed. ADOPTED ADOPTED NO. 101 NO. 96 MEMORIALIZE STATE LEGISLATURE FOR ALIENATION WOMEN AND CHILDREN'S HOSPITAL - PRIVATELY LEGISLATION FOR DR. GRACE MEMORIAL PARK OWNED HELIPORT (NYS DOT) (ITEM NO. 50, C.C.P., APR. 1, 2003) (ITEM NO. 45, C.C.P., MAY 13, 2003) That the above item be and the same hereby is returned to the That the above item be, and the same hereby is, returned to Common Council without recommendation. the Common Council without recommendation. Mr. Fontana moved that above item be recommitted to the Mr. Fontana moved: Committee on Finance. That the above mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO. 102 C. FISHER-P. HARRIS-REQ. ASST. NOT TO AUTH. OPER. NO. 97 LIC.-SAAD MKT.-WAKEFIELD/HOLDEN J. PEARSON 111, PETITION TO USE 1338 KENSINGTON - (CCP#55-APR. 29, 03) MOTORCYCLE REPAIR SERVICE That the above item be and the same hereby is received and (ITEM NO. 93, C.C.P., APR. 1, 2003) filed. That the above item be, and the same hereby is, returned to ADOPTED the Common Council without recommendation. NO. 103 Mr. Fontana moved: C. FISHER-P. HARRIS-REQ. ASST. NOT TO AUTH. OPER. That after the public hearing before the Committee on LIC.-SAAD MKT.-WAKEFIELD/HOLDEN Legislation on April 8, 2003, the petition of J. Pearson 111, (POL) owner, for permission to use 1338 Kensington Avenue for a (CCP42 I -MAY 13, 03) motorcycle repair service be, and hereby is approved with the That the above item be and the same hereby is received and following conditions: filed. 1 . That access to the motorcycle shop is ADOPTED permitted only on Orleans. NO. 104 2. Those repairs must only take place inside the shop. P. SOLE-LIST OF LICENSES EXPIRING FROM 4/L/04 TO 3. That the facade should be designed to more retail 4/30/04 oriented. (CCP#64-APR. 29, 03) That the above item be and the same hereby is received and Housing Services requests permission to hang two filed. banners on Connecticut Street for the World Street Market; ADOPTED and Whereas: These banners would hang, from May 25, 2003 to NO. 105 October 1, 2003; and NOTIF SERIAL #9603-07 (PW) Whereas: The City of Buffalo proudly supports these exciting (CCP#10-MAY 13, 03) events-, and That the above item be and the same hereby is received and Now, Therefore Be It Resolved- filed. That the City of Buffalo hereby permits the World Street Market ADOPTED to hang banners on Connecticut Street and Niagara Street, and on Connecticut Street and Richmond Avenue from May 25, NO. 106 200' 3 to October 1, 2003 in accordance with all conditions, REQUEST TEMPORARY PARKING CHANGE ON SOUTH restrictions, and requirements as set forth by the City of Buffalo DIVISION STREET and the Department of Public Works, Parks and Streets. (ITEM NO. 44, C.C.P., MAY 13, 2003) PASSED That the Commissioner of Police and the Commissioner of AYES - 13 NOES - 0 Public Works, Parks and Streets are hereby requested to allow temporary parking on the other side of South Division Street NO. 114 until the building of new townhouses in the 300 to 400 blocks of BY: MR. BONIFACIO Swan and South Division Streets are completed. ORDINANCE AMENDMENT ADOPTED CHAPTER 511 -ZONING, USE PERMIT REQUIREMENT The Common Council of the City of Buffalo does hereby NO. 107 ordain as follows: CONTRACTS - EDWARD M. COTTER FIREBOAT AND That Section 511-136 of Article XXVII of Chapter 511 of the HUNTINGTON CLEVELAND HARBORFEST 2003 Code of the City of Buffalo be amended to read as follows: (ITEM NO. 55, C.C.P., APR. 15, 2003) § 511-136. Use permit required for human service facilities. (ITEM NO. 102, C.C.P., APR. 29, 2003) A. Legislative findings and intent. It is recognized that That the above item be, and the same hereby is returned to human service facilities exist in the Common Council without recommendation. locations throughout the City of Buffalo. It is further recognized Mr. Fontana moved that there exists a concentration of such facilities in certain That the above item be recommitted to the committee on areas of the city despite application of the current Zoning Legislation Ordinances of the City of Buffalo. The continuing placement of ADOPTED such facilities in areas which are already over-concentrated serves to defeat the community integration goals of these NO. 108 facilities and may alter the nature and character of affected ST. MARY'S SCHOOL FOR THE DEAF - BANNERS - MAIN areas to the detriment of both the users of such facilities STREET and the community in general. Further regulation is (ITEM NO. 55, C.C.P., MAY 13, 2003) therefore necessary to balance the interests of the users of That the St. Mary's School for the Deaf be granted such facilities and the community in general. permission to hang banners on 20 of the street lights on Main B. Regulated uses. Effective July 1, 1995, [any]no Street near 2253 Main Street from June 2, 2003 and public or private [facility established to provide human services throughout the school year in accordance with all conditions, or assistance of a charitable, religious, cultural, civic or social restrictions and requirements as set forth by the Department of nature, including but not limited to food pantries, soup kitchens Public Works, Parks and Streets. entity shall establish a food pantry, soup kitchen substance PASSED abuse community or residential treatment [facilities facility, AYES - 13 NOES - 0 walk-in or drop-in [centers, counseling centers, detention centers center, counseling center, detention center, NO. 109 temporary or short-term [shelters] shelter, transient housing, TRAILBLAZING SIGNAGE FOR GENESEE STREET AS residential treatment [facilities] facility established for penal or "PASTOR RODERICK L. HENNINGS WAY" correctional purposes or similar facilities, [shall be permitted in (ITEM NO. 105, C.C.P., MAY 13, 2003) any R or C Distnict, provided that such use is approved That the Common Council of the City of Buffalo approves the individually by the Common Council after application in installation of trailblazing signs proclaiming the portion of accordance with the requirements of this article and upon the Genesee Street between Michigan Avenue and Pratt Street as issuance of a restricted use permit pursuant to § 511-55 of this "Pastor Roderick L. Hennings Way"; and chapter. The restnicted use permit] That this Common Council requests the Department of Public in the City of Buffalo without first obtaining permission from the Works install trailblazing signs that read "Pastor Roderick L. Zoning Board of Appeals. The requirements of this article shall Hennings Way" beneath the existing street signs on Genesee apply to regulated uses existing prior to the effective date of Street between Michigan Avenue and Pratt Street. this article which are enlarged or extended after the effective ADOPTED date of this article. C. [Application for restnicted use permit. In addition to the NO. 110 requirements under § 511-55 of this chapter, applicants L & J VALVO-CONCERNS-NOISE, AIR POLLUTION, proposing to establish regulated uses as described in ETC.-TOPS XW. NIAGARA ST. Subsection B of this section, or any combination thereof, shall (CCP#64-APR. 15, 03) submit to the Common Council and the City Planning Board] That the above item be and the same hereby is received and Application to Zoning Board. Applicants seeking to establish filed. uses regulated under this Section, shall submit to the Zoning ADOPTED Board a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be NO. 111 served at the facility over a stated time period, the number of CONCEMS-67 ENGLEWOOD AVE. (PERMITS/INSP.) residents to be housed, the activities and programs anticipated (CCP#29-MAY 13, 03) at the facility, the hours of operation and the degree of That the above item be and the same hereby super-vision at the facility. The [Common Council and] ADOPTED applicant shall also submit a demonstration of the need for such use at the propose location, and a detailed explanation of NO. 112 how this use will not adversely impact the nature and character B. GRANT-P. SEARCY-CONCERNS-67 ENGLEWOOD of the area in which the facility is to be based. The applicant AVE. (A&F) shall also submit the information required under this subsection (CCP#33-MAY 13, 03) to both the Common Council and the City Planning Board for That the above item be and the same hereby is received and their review and advisory recommendation, if any. The Zoning filed. Board of Appeals, Common Council, or City Planning Board ADOPTED may also require other information as may reasonably be [required] necessary to ascertain the impact of the proposed RESOLUTION facility on public safety, health and welfare. NO. 113 D. Standards. In addition to a consideration of the effect BY MR. BONIFACIO of the proposed use on the public health, safety, [aesthetics or PERMISSION TO HANG BANNERS ON CONNECTICUT general welfare as authonized under § 511-55D of this chapter, STREET including but not limited to the impact upon traffic patterns, Whereas: Connecticut Street will be alive this summer with municipal services and noise, the Common Council may fairs, vendors, performers, and many other events-, and authorize and direct the] and aesthetics, the Zoning Board shall Whereas: To commemorate these events the Connecticut consider the impact of the proposed use on the area in which Street Business Association and West Side Neighborhood the facility is to be based including the concentration of existing regulated uses. The Zoning Board shall consider any of this chapter, the City Clerk shall also serve ten (10) days" recommendation from the Common Council or the City notice of the time, place and object of such hearing Planning Board but it is not bound these recommendations. upon all owners and occupants of properties having a frontage Within One Hundred and Twenty (120) d4ys after receiving an on both sides of the public highway or highways within four application, hundred (400) feet in both directions along such highway or the Zoning Board of Appeals shall either approve the highways from the nearest side line, or nearest side line application without conditions, approve the application with extended, of the premises to be considered for such use and conditions or deny the application denial of the issuance of the also upon the owners and occupants of all properties located restricted use permit because to do so would result in such a within fifty (50) feet of the rear or side line of any premises for concentration of the facilities described in Subsection B of this which such use is proposed. Such notice shall also indicate article in the area in proximity to the site proposed by the that the use permit application is available for public inspection applicant that the nature and character of the area would be at the City Clerk's office prior to such hearing. The City Clerk substantially altered. In no event shall a regulated use be shall make available for public inspection prior to such hearing permitted where it is established that 5% of the land uses the use permit application for a human service facility. within a half-mile radius of the proposed site are uses regulated APPROVED AS TO FORM under this article or similar uses.] NOTE: Matter in brackets to be deleted. E. Conditions on approval. [restricted use permits. The REFERRED TO THE COMMITTEE ON LEGISLATION Common Council shall attach to such permit] In the event of an qpproval, the Zoning Board may attach such conditions as NO. 116 are necessary or desirable in its judgment to ensure the BY: MR. COPPOLA compatibility of the proposed use with surrounding property WAIVE BLOCK PARTY PERMITS FOR NATIONAL NIGHT and overall development of the [community and other OUT restrictions pursuant to § 511-55D of this chapter.] Whereas: National Night Out will be held on Tuesday, community. Such conditions shall be expressly set forth in the August 5, 2003, between 6:00 and 10: 00 PM; and [resolution authorizing the restricted use permit and in the Whereas: Neighborhoods throughout the City of Buffalo plan pen-nit therefor. Violation of such conditions shall be a block parties to celebrate this event, and violation of this chapter. The compliance and revocation Whereas: National Night Out is a way for our city to heighten provisions contained in §§ 511-55E and 511-55F shall be crime and drug prevention awareness, strengthen applicable to restricted use permits issued pursuant to this neighborhood spirit, and send a message to criminals letting Article in addition to the general penalty provisions contained them know that our neighborhoods are organized. in Buffalo Code § 1-15 and any other penalty allowed under Whereas: The City of Buffalo currently charges a $12 applicable law. Zoning Board approval. Nothing contained processing fee for block party permits; and herein shall preclude the [Common Council] Zoning Board Whereas: To encourage block clubs to participate in National from making reasonable accommodations in rules, policies, Night Out activities, the City of Buffalo should waive the $12 practices or services as are necessary to allow the users of a processing fee for the permit to block city streets. regulated facility to use and enjoy such facility. Now, Therefore, Be It Resolved: F. Denial of application. The Zoning Board shall deny an To encourage participation of block clubs in this year's National application if it is determined that the nature and character of Night Out activities on Tuesday, August 5, 2003, this Common the area in which the facility is to be based would be Council supports the waiving of the $12 block party permit for substantial altered as a result of the establishment that date. of the facility. In the event of a denial, the Zoning Board shall PASSED issue a written decision specifying the basis for the denial. AYES –COPPOLA, DAVIS, FONTANA, FRANCZYK, [F. Abandonment of use. All restricted use permits] G. GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, Abandonment of use. All approvals issued under this article PITTS, THOMPSON - 11 NOES – COPPOLA, FISHER - 2 shall expire and terminate upon the cessation or abandonment of the permitted use for a one-year period. NO. 117 [G]H. Termination. (1) All [restricted use pen-nits hereinafter MARC A. COPPOLA issued] approvals shall be deemed to be personal to the holder BY: BRIAN C. DAVIS RE: SHIFT OF OPERATIONS INTO and shall terminate upon the transfer of title or ownership of the AN ECONOMIC DEVELOPMENT ZONE property or change of operator, tenant or occupant or a change Whereas: Forge Consulting, LLC is a Structured Settlement of use. Company working with individuals to assist in securing their [H.]L Exemption. The requirements of this article shall not apply prospective futures through creative financing; and to hospitals, sanitariums or other institutions governed by § Whereas: Forge Consulting, LLC employs several individuals 511-12H of this chapter. The requirements of this article shall in the City of Buffalo; and not apply to those facilities whose site selection is Whereas: The physical problems prevented the Forge comprehensively regulated by state or federal law and when Consulting, LLC company from remaining at such regulation is intended to preempt local regulation of site 329 Elmwood Avenue; and locations as contained in this article. Whereas Forge Consulting, LLC moved its operation to 737 [LIL Effective date and expiration. This article shall take effect Main Street which currently sits within the current Empire on July 1, 1995, and shall expire on July 1, [2003] 2004. Development Zone (EDZ) boundaries. [J.] K. Severability. If any word, clause, sentence, paragraph, Now, Therefore, Be It Resolved: subsection, section or part of this article included in this article That the Common Council of the City of Buffalo consents to the now or through supplementation shall be adjudged by any court relocation of Forge Consulting, LLC from 329 Elmwood Avenue of competent jurisdiction to be invalid, such judgment shall not to 737 Main Street (property that is located in the EDZ. affect, impair or invalidate the remainder thereof, but shall be PASSED confined in its operation to the word, clause, sentence, AYES - 13 NOES - 0 paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been NO. 118 rendered. BY MR. DAVIS APPROVED AS TO FORM PROPOSED LEASE AGREEMENT Corporation Counsel 450 EXCHANGE STREET NOTE: Matter in brackets to be deleted; matter underlined is GRAPHIC CONTROLS new. WHEREAS, a Public Hearing has been duly held on the I 01h' REFERRED TO THE COMMITTEE ON LEGISLATION day of June, 2003 at 2:00 PM in the Common Council Chambers in the City of Buffalo, pursuant to the provisions of NO. 115 Section 507, subdivision 2 (d) of the General Municipal Law. BY: MR. BONIFACIO WHEREAS, the proposed Land Use Agreement has been duly ORDINANCE AMENDMENT submitted to this Common Council by the Director of Economic CHAPTER 511 -ZONING, USE PERMIT REQUIREMENT Development; and The Common Council of the City of Buffalo does hereby NOW, THEREFORE, BE IT RESOLVED: ordain as follows: 1. That Graphic Controls was duly approved to lease That Section 511-55 (B) of Article XXVII of Chapter 511 of the 450 Exchange Street by the Buffalo Urban Renewal Agency, Code of the City of Buffalo be amended to read as follows: and is now hereby approved as the Lessee of 450 Exchange § 511-55. Restricted use permits. Street. B. Notice and hearing. The Common Council shall 2. That the Mayor, the Chairman, Vice-Chairman, or publish a notice in a newspaper of general circulation in the any officer of the Buffalo Urban Renewal Agency is hereby City of Buffalo setting forth the name of the applicant, the authorized to execute the Lease necessary in accordance with location and owner of the property, the use proposed and the the terms of said Agreement and for the consideration recited time and place of a public hearing to be held by the Committee therein. on Legislation no sooner than five (5) business days after the REFERRED TO THE COMMITTEE ON COMMUNITY day of publication. [Upon an application for a restricted DEVELOPMENT use permit for a human service facility pursuant to Article XXVII NO. 119 The sponsors of the Subaru Buffalo 4-Nfile Chase are granted BY: BRIAN DAVIS, ELLICOTT DISTRICT permission to hang a banner, in accordance with the COUNCILMEMBER regulations put forth by the Dept. of Public Works, on Elmwood LEASE AGREEMENT Avenue from June 13tb through July 19th, 2003 GRAPHIC CONTROLS PASSED 450 EXCHANGE STREET AYES - 13 NOES - 0 WHEREAS, the City of Buffalo Urban Renewal Agency and Graphic Controls have negotiated a Lease Agreement for the NO. 122 rental of 450 Exchange Street, and BY: MR. GOLOMBEK WHEREAS, the terms of said Lease Agreement have been [SUBARU BUFFALO 4 MILE CHASE] approved by the City of Buffalo Urban Renewal Agency, and Whereas: Organizers of the 23rd annual Subaru Buffalo 4 WHEREAS, said Lease Agreement has been forwarded by the mile Chase have requested permission to conduct their annual City of Buffalo Urban Renewal Agency to this Common Council race on Saturday, July 19th along Elmwood Avenue, and for action, pursuant to Section 507, subdivision 2(d) of the Whereas: In the past there have been problems with various General Municipal Law; and individuals and/or vendors setting up and selling inappropriate NOW, THEREFORE, BE IT RESOLVED: wares, and THAT, the City Clerk be and is hereby directed to publish the Whereas: Through the sale of inappropriate wares, the illegal attached Notice of Hearing in the Buffalo News no later than vendors profit while neighborhood merchants suffer adversely the 301h day of May 2003. from the competition, and THAT, this Common Council will hold a public hearing on the Whereas: Neighborhood merchants would not be expected to proposed agreement on the 10th day of June, 2003. have a permit and would be allowed to sell their goods as they ADOPTED normally would on a daily basis, Now, Therefore, Be It Resolved: NO. 120 That the race area is a designated area in which neighborhood BY: CHARLEY H. FISHER, III merchants are allowed, as always, to sell their wares and that RAISING REVENUES FROM NOT-FOR-PROFIT illegal vendors be prohibited from soliciting during this event. ORGANIZATIONS Joseph Golombek Jr. The City of Buffalo currently has over 175 not-for-profit tax-REFERRED TO THE COMMITTEE ON LEGISLATION AND exempt organizations, who's real estate buildings represent THE CORPORATION COUNSEL 40% of all property in the City of Buffalo; Whereas: The City of Buffalo's current fiscal crisis has created NO. 123 a situation where necessary parameters must be set in place in BY: MR. THOMPSON order for the city to survive the drain of urban sprawl. This is RE: AUTHORIZATION TO LEASE CITY-OWNED LOTS TO partially due to LOCATE THE FARMER'S MARKET ON FILLMORE the fact that there is not a residency tax for commuters, the not AVENUE IN JUNE 2003 for-profit hospitals, schools and universities are not necessarily WhereasThe Office of Urban Initiatives, an organization utilized by people who only live and pay taxes in the city, and an currently working on opening the Farmer's Market from June inability to collect taxes on almost 1/2 of the property in the city 2003-September 2003, seeks to open the Market on three has hampered the City of Buffalo from generating capital in the city-owned lots on Fillmore Avenue; and way that America enforced its economic survival since the Whereas: The City of colonial times; Buffalo, through its Real Estate Division, reserves the right to Whereas: Other cities facing the same economic crisis have lease city-owned property; and decided to follow the example of Boston Mayor Menino who has Whereas: The City-owned lots located at 1353, 1361 Fillmore campaigned to generate capital by imposing payments in lieu of Avenue have been chosen as the designated site for the taxes to " tax exempt institutions like hospitals and universities, Farmer's Market; and who together with the State of Massachutes Port Authority, Whereas: This lease is contingent upon the acquisition of occupy a little more than 1/2 of the land in the city .... voluntary 1355 Fillmore Avenue from a private owner payments this year will total about $23 million as partial Whereas: The Farmer's Market Initiative has garnered compensation for city services they receive, such as police and widespread support from City residents, businesses and fire protection"; faith-based organizations in the surrounding area, and elected Whereas: When voluntary PILOT'S such as financial officials with jurisdiction over this area; and payments, housing or education can not be negotiated, then the Now Be It Therefore Resolved That. number of That the City of Buffalo's Common Council does hereby grant organizations that claim tax-exempt status, the services that the Division of Real Estate permission to enter into a temporary they lease agreement with the Office of Urban Initiatives from June provide, the fees involved in the services they provide such as 1, 2003 through October 1, 2003 schools and daycares receiving unsubsidized tuition and the ADOPTED legitimacy of the tax base in which they serve should be reviewed. Now, Therefore, Be It Resolved: No. 124 That for the betterment of the City of Buffalo, the Buffalo Mr. Thompson Common Council hereby requests that the Administration Authorization to Lease City-Owned Lots to Locate the review options for raising revenue from the not-for-profit Farmer's Market on Fillmore Avenue in June 2003 organizations, such as universities, hospitals, daycare centers Whereas: The Office of Urban Initiatives, an organization and other religious entities that are sheltered under a currently working on opening the Farmer's Market from June tax-exempt status. If we can not collect tax from 40% of the 2003-September 2003, seeks to open the Market on five property holders, and in essence city-owned lots on Fillmore Avenue; and double tax the remaining 60% property owners, then we need Whereas: The City of Buffalo, through its Real Estate Division, to review the output and input of the services provided by the reserves the right to lease city-owned property; and taxexempt organizations. Whereas: The City-owned lots located at 1374, 1376, 1382, REFERRED TO THE COMMITTEE ON FINANCE 1384, 1388 Fillmore Avenue have been chosen as the COMMISSIONER OF ADMINISTRAXION AND FINANCE designated site for the Farmer's Market; and AND THE CORPORATION COUNC1L Whereas: The Farmer's Market Initiative has garnered AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, widespread support from City residents, businesses and FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, faith-based organizations in the surrounding area, and elected MARTINO, PITTS, THOMPSON – 12 NOES – FRANCZYK-1 officials with jurisdiction over this area; and Now Be It Therefore Resolved That: NO. 121 That the City of Buffalo's Common Council does hereby grant BY: MR. GOLOMBEK the Division of Real Estate permission to enter into a temporary SUBARU BUFFALO 4-MILE CHASE BANNER lease agreement with the Office of Urban Initiatives from June Whereas: Organizers of Subaru Buffalo 4 mile Chase have 1, 2003 through October 1, 2003 announced this year's race will be held on Saturday July 19'h, ADOPTED and Whereas: This year marks the 23d annual run, and NO. 125 Whereas: To publicize the event, the Race Director has By: Mr. Thompson requested permission to display a banner across Elmwood Establishment of A Vacant Lot Auction Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue Whereas: With the summer months rapidly approaching, and maintenance Of these lots will again become an issue; and Whereas: The period the banner would be on display would be Whereas: Persons seeking to purchase these lots are th from June 13 th through July 19, 2003 subjected to extensive waiting periods and or complicated legal Now, Therefore, Be It Resolved: proceedings which can cost them tremendous time and resources; and Whereas: The Division of Real Estate of the City of Buffalo rights-of-way in the Airport Corridor running from the downtown has the authority to hold an auction for the purpose of selling central business district, through the east side of Buffalo, past vacant lots; and the historic Central Terminal, past Walden Galleria, on to the Whereas: Through the establishment of a Public Auction to airport, with a desirable future extension to a Transit Road sell vacant parcels, the City of Buffalo could alleviate many of park-and-ride station near the Thruway; and these problems; and Be It Further Resolved 7hat. Whereas: The sale of these parcels to private owners through The Common Council of the City of Buffalo shall conduct a public auction complying with all fair value requirements, hearings among all stakeholders, both public and private, along could generate needed dollars in tax revenue for the City of the Airport Corridor to evaluate the current level of public Buffalo support for the proposed extension of Light Rail in the Airport Now Therefore Be It Resolved That. Corridor; and The Common Council of the City of Buffalo does hereby Be It Finally Resolved That. request Certified Copies of this resolution be sent to the the Division of Real Estate hold a Vacant Lot Auction in the Niagara-Frontier Transit Authority, the Western New York Month of June of 2003. Delegation, the New York State Governor's Office, the New REFERRED TO THE COMMITTEE ON FINANCE THE York State Legislature, ECIDA, the Buffalo Economic DIRECTOR OF REAT ESTATE AND THE CORPORATION Renaissance Corporation (BERC), the Office of Urban COUNSEL Initiatives (OUI), the Black Chamber of Commerce, GNRTC, Citizen Regional Transit Corporation (CRTC), the United No.126 States Secretary's Office, the United States Department of By: Mr. Thompson Transportation, the Department of Commerce, and the Baptist Expansion of the Light Rail Transit Ministers Confederation. Whereas: There is increasing demand from city residents for ADOPT FINAL AND REMAINDER TO COMMUNITY light rail transit expansion which would benefit the entire City of DEVELOPMENT Buffalo, especially those who now depend partly or wholly on public No. 127 transportation; and By: Mr. Thompson Whereas: An increasing number of job opportunities, services, City of Buffalo and shopping centers have moved to the suburbs, out of the Local Law No. _ (2003) reach of the City's transit dependent population, who therefore Introductory No. 4 (2003) are forced to spend A LOCAL LAW amending Article 6 of the Charter of the City of unreasonable amounts of time to reach these destinations; and Buffalo in relation to the boundaries of empire zones. Whereas: Expansion of light rail transit service can assist in BE IT ENACTED BY THE COMMON COUNCIL OF THE managing traffic at a lower operating cost per passenger than CITY OF BUFFALO AS by buses or private FOLLOWS: automobiles, potentially reducing expenditures, both private and Section 1. That Article Six of the Charter of the City of Buffalo, public, on transportation; and adopted pursuant to law, Whereas: The current Light Rail transit attracts a ridership of is hereby amended as follows: approximately 25,000 passengers per day (7 million (a) By amending Sub-Zone 3 of Section 6-14 (3) to add passengers per year) and research suggests the proposed additional addresses to read as follows: Light Rail transit extension would add an additional 16,000 100.55-3-1 1219 MAIN passengers (4 million passengers per 122.13-1-2 575 FUHRMANN year) to the system, thereby increasing the efficiency, flexibility, 100.69-6-12 2 SYMPHONY CIR and convenience of the entire transportation system; and 90.26-2-34 1402 KENSINGTON Whereas: Investment in the expansion of the Light Rail to the 132.19-1-2 1751 FUHRMANN Airport will create hundreds of jobs during construction and add 111.42-5-23 696 BROADWAY a significant 112.10-2-2 99 BUD MILL number of permanent jobs as the line opens for service, 112.14-1-8.32 92 MSGR VALENTE DR thereby 112.15-1-1.1 1545 WILLIAM strengthening the City of Buffalo's economy and increasing 112.15-1-2 1615 WILLIAM access 112.19-3-16 176 DINGENS to numerous job opportunities, services, and businesses 112.19-3-13 224 DINGENS located 123.21-1-5.1 1167 CLINTON along the Airport Corridor; and 123.21-1-4.11 370 BABCOCK Whereas: The land-use impact of expanding Metro Rail along 123.06-1-5 692 BAILEY existing 123.22-3-3 1355 CLINTON rights-of-way is minimal compared to the environmental impact 123.30-1-7 39 SCOVILLE of 123.30-3-4 95 DOROTHY expanding highways or installing pavement for additional bus 123.34-7-8 1873 CLINTON routes, and air pollution will likely be reduced because 123.09-2-6 572 ELK automobile 123.09-2-2 1219 PERRY commuters will instead chose light rail. Expanding light rail will 123.09-2-13 35 BRADFORD have a positive impact on the environment as an important tool 123.09-2-5 590 ELK to 111.30-6-5.111 496 PEARLST improving air quality and sustaining land use respectful of the 111.46-12-2 318 PEARL ST natural environment; and 111.55-2-10 221 ELM Whereas: Reliance on the automobile places an undue 111.54-2-1.1 180 OAK financial burden on taxpayers to furnish their own 111.61-2-4 36 CHURCH transportation vehicles in order to use publicly-funded 122.47-2-11 137 KENTUCKY highways, but expansion of Metro Rail 90.77-2-26 228 SHERIDAN provides an efficient, equitable, and convenient alternative to all 100.33-5-14 256 FERRY EAST citizens of the City of Buffalo; and 100.33-5-16 252 FERRY EAST Whereas: Tourism and business operations will be greatly 100.33-5-15 254 FERRY EAST enhanced by the expansion of Light Rail transit to the Airport 100.33-5-13 258 FERRY EAST Corridor, thus 100.33-5-11 272 FERRY EAST creating additional incentives for tourists to the Western New 100.33-5-12 268 FERRY EAST York 100.22-2-88.1 807 ELMWOOD region; and 100.21-4-7 766 ELMWOOD Whereas: The City of Buffalo is geographically positioned to 99.35-6-14 374 HAMPSHIRE enjoy natural environmental assets and sustainable economic 99.35-6-11 384 HAMPSHIRE advantages during the next twenty years, which will attract new 99.35-6-12 380 HAMPSHIRE residents and job 99.35-6-13 378 HAMPSHIRE Opportunities to the City of Buffalo. Extending Light Rail 100.48-6-2 11 UTICA EAST service to the Airport Corridor will allow the City of Buffalo to 99.60-7-4 467 CONNECTICUT take advantage of its assets; and 99.66-2-13 780 NIAGARA Now Be It Therefore Resolved That: 79.37-2-2.1 500 KENMORE The Common Council of the City of Buffalo is in full support of 78.70-3-20.2 1801 ELMWOOD the expansion of the Light Rail transit to the Buffalo 77.84-2-29 275 CHANDLER International Airport Corridor; and 77.83-2-6 37 CHANDLER Be It Further Resolved That: 78.78-1-5 85 GREAT ARROW The Common Council of the City of Buffalo specifically 111.29-5-10 117 TUPPER WEST endorses the extension of the Light Rail transit on existing 111.29-5-11 119 TUPPER WEST 101.33-7-23.1 2255 BAILEY The City of Buffalo does hereby request the Corporation 100.35-4-28 545 FERRY EAST Counsel to file a report detailing the legal process and 100.32-2-8 1575 MAIN procedures needed to permanently separate the finances of the 100.32-2-5 24 FERRY EAST City of Buffalo from those of the Board of Education; and 100.32-2-3 32 FERRY EAST Be It Further Resolved That. 100.32-2-2 40 FERRY EAST The Office of the City Comptroller, the Law Department of the 100.32-2-1 1534 MICHIGAN City of Buffalo, the State Comptroller's Office, and the New 100.55-2-2 1114 ELLICOTT York State Attorney General's Office advise the Common 100.55-2-11 1269 MAIN Council of the City of Buffalo on the legal processes and 100.55-2-9 36 NORTHAMPTON procedures to permanently separate the finances of the City of 100.55-2-3 1110 ELLICOTT Buffalo from that of the Buffalo Board of Education. 100.55-2-10 1261 MAIN ADOPT FINAL REMAINDER TO COMMITTEE ON 100.55-2-4 1106 ELLICOTT FINANCE 122.14-2-2 25 BUFFALO RIVER 133.43-5-1.1 2412 SENECA NO. 129 133.63-3-52 2170 SOUTH PARK By: Antoine M. Thompson 112.61-4-4 531 HOWARD (NYS Empire Zone #74 112.61-4-5 575 HOWARD Revision to Boundary Description) 112.62-1-18 598 HOWARD WHEREAS, Local Law No. 5 (1994), adding section 281 of 112.62-1-17 602 HOWARD article 14 of the chapter of the City 112.61-4-6 166 LEWIS Buffalo in relation to establishing an economic development 112.62-2-1 609 HOWARD zone, was signed by Anthony M. Masiello, 112.61-4-7.1 1 HOLT Mayor of the City Of Buffalo; and 112.19-3-11.11 160 JAMES E CASEY DR WHEREAS, the Local Law was filed with the Secretary of 111.39-1-49.2 400 OAK NORTH State on February 28, 1994 and then verified by the Mayor on 111.39-1-2 390 OAK NORTH March 2, 1994; and 111.39-1-50.1 394 OAK NORTH WHEREAS, subpart 2 of aforesaid Local Law defined the 111.53-3-3.1 30 COURT boundaries of the area to be designated Economic 110.68-1-5 100 LAKEFRONT Development Zone #38; and 110.76-1-5 20 WILKESON WAY WHEREAS, on July 27, 1994, the City of Buffalo was awarded 110.76-1-3 10 LA RIVIERE a New York State Economic Development Zone 938 110.76-1-6 15 LA RIVIERE designation; and 122.09-1-5 8 CITY SHIP CANAL WHEREAS, Local Law No. 3 (200 1) re- designated the 89.61-4-3.21 1122 ELMWOOD boundaries of Economic Development 89.61-4-5 1116 ELMWOOD Zone 9' ) 8 as an Empire Zone and amended the boundaries of 89.70-4-20.1 929 ELMWOOD such zones as permitted by law, and 100.21-3-17 802 ELMWOOD WHEREAS, January 9, 2002 The City of Buffalo was awarded 100.21-3-18 798 ELMWOOD a second New York State Economic Development Zone #74, 100.29-3-8 718 ELMWOOD now known as Empire Zone; and 100.37-5-4 534 ELMWOOD WHEREAS, subpart 4 of aforesaid Local Law defined the 99.83-2-10 617 ELMOOD boundaries of the area to be designated Economic 100.78-4-35 481 FRANKLIN Development Zone, (Empire Zone) #74; and 100.78-4-34 473 FRANKLIN WHEREAS, Local Law No. 3 (2001) designated the Empire 78.61-2-2 1893 ELMWOOD Zone as an amended addition to the boundaries of such zones 78.71-4-4.1 2290 ELMWOOD as permitted by law-, and 78.71-4-5 2262 ELMWOOD WHEREAS, to take advantage of this year's construction 78.71-4-6 2240 ELMWOOD season, it has been proposed to amend the boundaries of Zone 78.79-3-3.1 2130 ELMWOOD #74 to include additional businesses; and 1402000787900003004120 65 GREAT ARROW WHEREAS, this action will benefit the City of Buffalo and 112.13-2-2.1 1223 WILLIAM further demonstrate the Council's commitment to Economic 122.42-2-23 601 FULTON Development in the City of Buffalo. 111.31-7-2 707 WASHINGTON NOW, THEREFORE, be it resolved: 111.31-13-3 703 WASHINGTON 1 . That the City of Buffalo request a boundary revision from 111.39-3-2.12 220 GENESEE the New York State Department of Economic Development to: 100.35-4-29 549 FERRY EAST a. The City of Buffalo would like to add a total of 133.03 90.37-1-10 140 HOLDEN acres of land to the Empire Zone for the attached additions. 89.44-3-29 2261 FILLMORE (See attachment A (map of existing and additions to zone #74 Section 2. The Commissioner of the New York State and attachment B-table of additional acreage requests) Department of Economic Development is hereby requested to b. The City of Buffalo would like to landbank a total of 20 revise the boundaries of the Empire Zone in accordance with acres to be designated as future development arises. this Local Law. 2. That, if the boundary revision is approved by the New Section 3. Insofar as the provisions of this local l are York State Department of Economic Development, that Article inconsistent with the provisions of any other local law or act, the 6, Section 6-14 of the Charter of the City of Buffalo be hereby provisions of this local law shall be controlling. amended as per the attached. Section 4. This local law shall take effect immediately upon REFERRED TO THE COMMITTEE ON COMMUNITY filing in the office of the Secretary of State as provided by DEVELOPMENT Section 27 of the Municipal Home Rule Law IT IS HEREBY CCERTIFIED, pursuant to Section 20 of the NO. 130 Municipal Home Rule Law that the immediate passage of the Mr. Thompson, Mr. Davis and Mrs. Martino Local Law in necessary Support for the "United States National Health Insurance REFERRED TO THE COMMITTEE ON COMMUNITY Act" (H.R. 676) DEVELOPMENT WHEREAS. Congressman John Conyers has introduced the "United States National Health Insurance Act", legislation NO. 128 designed to create a new American national health insurance By: Mr. Thompson program by creating a single payer health care system; and Legal Separation of the City of Buffalo Is and the Board of WHEREAS: Americans spend 58% more on healthcare than Education's Finances the average citizen of the next nine largest democracies, which Whereas: The City of Buffalo presently faces an immense all provide universal health care; and fiscal crisis; and WHEREAS.- According to Emeritus Professor Dorothy P. Rice Whereas. The Office of the Comptroller of the City of Buffalo is from UCSFs Institute for Health & Aging, Americans spend an charged with managing the City's financial accounts; and estimated $428 billion annually, or $4,951 per household, on Whereas: Because the finances of the City of Buffalo and the health care; and Board of Education are not legally separated, there have been WHEREAS. Of this total, 62% ($264.4 billion) is explained by times when the Board's cash flow problems have hampered the excessive private insurance costs and bureaucracy, defensive City's ability to pay its bills; and medicine, excess pharmaceutical marketing cost and higher Whereas: This lack of clarity further adds to the City's drug prices; and this figure seems very high. Ifit can be fiscal woes and in the past, has negatively affected the attributed to someone, that would lend some credibility . City's cash flow; and WHEREAS. America is the most prosperous and industrious Whereas. A permanent separation of the City of Buffalo's and nation in the history of the world, yet our country has roughly 75 the Board of Education's finances could resolve this matter in a million uninsured men, women and children; and cost-efficient manner; WHEREAS. There are another 50 million under-insured fellow Now Therefore Be It Resolved That. citizens in the United States; and WHEREAS. Health Maintenance Organizations treat health Beck,Anya Tina Bethea care as a commodity distributed according to the ability to pay, Boryszewski, Robert Shirley Boyd rather than as a social service to be distributed according to Brace, Frederick, Brown, Chris medical need; and Carnevale, Ronald Chestnut, Florida WHEREAS. Approximately 4, 000 individual physicians have Clancy, Willie Cordero, Martin endorsed the principles of the proposals embodied in HR 676 David Cummings Daniels, Ivery including two former Surgeons General (Dr. David Satcher and Dixon, Bernice Dixon, Jerome Dr. Julius Richmond), a Nobel Laureate (Dr. Bernard Lown), D'Orazio, Frank Durski, Jeffrey the highly respected authors of major textbooks of surgery and Justin Foley Franklin, Dennis family practice (Dr. William Silen and Dr. Robert Rakel, Ganci, Frank Gattone, Rick respectively), and a leading organizer of emergency services in Giglia, Michael Gist, Frank New York City on September 11th 2001 (Dr. Lewis Goldfrank, Guercio, Antoinette Howell, Etta Chairman of Emergency Medicine at New York University); and Iglesias, Lourdes Johnson, Andrew WHEREAS. According to a Kaiser Family Foundation survey, Kowalyk, Adam Kwiatkowski, Paul nearly all Americans, roughly ninety two percent (92Yo), feel Labambama, Joseph Lamparlli, Martha that the President and Congress must create more effective LoPatviello, Pasuale Machelor, Randolf strategies to increase the number of persons covered by health Mann, Andrea Mann, Michael insurance; and Martin Jr, David Matusiak, Martin WHEREAS. The time has come to change our inefficient, McCartney Henry, Donna Mentecky, Richard fragmented and costly health care system; and Mitchell Jr, Lee Dexter Mitchell, Yolanda Now Therefore Be It Resolved That: Monin, David Morrison-Fiorella, Judith The Buffalo Common Council supports HR 676 to reform Murphy, Paul Nabors, Annette America's highly inefficient and overly costly health care Nicholas, Amy Nicholas Jr, William system; and Norton, Justin Nosowicz, Gary Be It Further Resolved That: O'Hara, Donna O'Hara, William The Buffalo Common Council urges WNY Members of Palma, Vincent Penna, David Congress Jack Quinn and Louise Slaughter to add their names Pena, Delia Pfaff, David as co-sponsors to HR 676; and Primm, Carla Puskas,John Be It Finally Resolved That: Quintana, Diana Richarson, Duane Certified copies of this resolution be sent to United States Riester, Paul Rizzo, Carl Senator Hillary Rodham Clinton, United States Senator Charles Rodriguez, Adrian Rodriguez, Eduardo Schumer, Congressman Jack Quinn, Congresswoman Louise Rodriguez, Jorge Rodriguez, Miranda Slaughter, Congressman John Conyers, Congressman Runfola, Peter Rusin, Daniel 1homas Reynolds, and the Western New York State Russell, Bonnie Stroud, Kenneths Delegation. Smith, Duwan Smith, Russell ADOPTED Taibbi, Nicole Thomas, Alvin Totaro, Joseph VanCoevering, Richard NO. 131 Watson, Brian Waugaman, Donna By: Mr. Thompson Waugaman-Beck, Sandra Williams Jr, Gerald Re: Request for Permission to Hang Banners on the Williams, Kenny Wszdek, Jerome Fillmore Avenue Henderson 111, Roscoe Johnson, Jeffrey Commercial Strip Roth, Dorothy Buchanan, Paul Whereas: A Farmer's Market, one of several components of Neai, Gwen the Fillmore Avenue Re Development Project, is an open air Total: 92 market where fresh fruits and vegetables will be sold; and ADOPTED Whereas: The Fillmore Avenue Farmer's Market is scheduled to run from June 1, 2003 to September 1, 2003; and NO. 133 Whereas: To commemorate this event, the Office of Urban BY: ANTOINE M. THOMPSON Initiatives requests permission to hang 2 ~V2ft. by 3 Oft Appointments banners on select poles on the Fillmore Commercial strip Commissioners of Deeds (between East Ferry Street and East Utica Street); and Required for the Proper Whereas: The Office of Urban Initiatives requests permission Performance of Public Duties to hang the bannerfrom June 1, 2003 to September 1, 2003; and That the following persons are hereby appointed as Whereas: The Farmer's Market Initiative has garnered Commissioner of Deeds for The term ending December 31, widespread support from City residents, businesses and 2004, conditional upon the persons so appointed certifying faith-based organizations in the surrounding area, and elected under oath to their qualifications and filing same with the officials representing this area; Deardra Austin Timothy Callan Now Therefore Be It Resolved That. Ronald Deschenes Judy Doyle That the Common Council of the City of Buffalo hereby grants Paul Henderson Stephen Hicks the Office of Urban Initiatives permission to hang a 2 ~V2ft by Gregory Olma Mawusi Watson 30ft banner on the Fillmore Commercial strip from June 1, April Williams 2003 to September 1, 2003 in accordance with all conditions, TOTAL 9 restrictions, requirements, and any other relevant regulations ADOPTED as set forth by the City of Buffalo and the Department of Public Works, Parks, and Streets Sanitation. NO. 135 Passed ANNOUNCEMENT OF COMMITTEE MEETTNGS AYES - 13 - NOES - 0 The following meetings are scheduled. All meetings are held in th the Common Council Chambers 13 floor City Hall, Buffalo, No. 132 New, York, unless otherwise noted. By Mr. Thompson Regular Committees Felicitations/In Memoriam Committee on Civil Service Tuesday, June 3, 2003 at 930 Attached hereto are Felicitation and In Memoriam o'clock A.M. Resolutions sponsored by Members of the Common Council as Committee on Finance Tuesday, June 3, 2003 at 10: 00 o'clock indicated: A.M. Felicitation for Bennett Park Montessori Center Day following Civil Service By Councilmember Fontana, Davis, Pitts and Michaux III Committee on Legislation Tuesday, June 3, 2003 at 2:00 ADOPTED o'clock P.M. Committee on Comm. Dev. Wednesday- June 4, 2003 at 10:00 NO. 133 o'clock BY: ANTOINE M. THOMPSON Committee on Education Wednesday, June 4, 2003) at 2:00 Appointments o'clock Commissioner of Deeds Special Committees That the following persons are hereby appointed as Special Finance Comm. Mfg. Wednesday, May 28, 2003 at Commissioner of Deeds for the term ending December 31, 10:00 o'clock A.M. in Room 14170tv Hall on "Increase Penalty 2004, conditional, upon the person so appointed certifying For Illegal Dumping under oath to their qualifications and filing same with the City Streets Service Monday, June 2, 2003 at 10:00 o'clock A.M. in Clerk: Room 1417CIty Hall. Abrahamson, Richard Adimey, Carol MBEC Monday. June 9, 2003 at 10-00 o'clock A, M. in Anderson, Latika Aniela Baj Room 1417 City Hall. Aris, Karen Aughtry, Charles (Public Disclaimer All meetings are subject to change and Baines, Tommy Beceril, Roberto cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Oven 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. 136 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 2:53 pm Board of Police and Fire Pension Proceedings #5 Office of the Mayor-201 City Hall May 22, 2003 Present: Anthony M. Masiello, Mayor; Michael B. Risman, Corporation Counsel-2 Absent: -James W. Pitts, Council President; Andrew SanFilippo, Deputy Comptroller-2. The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 2003 amounting to $11,685.24 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 2003 amounting to $11,240.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 3 On motion by Mr. Risman , the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.