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Home My WebLink About03-0513 No.( 10) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 13, 2003 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula 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 30,000 alt 49 $509,710 COMMON COUNCIL 4. Industrial Power & Lighting Corp. $ 417,400 CITY HALL - BUFFALO 701 Seneca Street 5,080 alt #1 TUESDAY, MAY 13, 2003 Buffalo, NY 14202 3,150 A #2 AT 2:00 P.M. 54,200 A #5 24,600 alt #9 PRESENT - James W. Pitts President of the Council, $ 504,430 and and Council Members Bonifacio, Coppola, Davis, 5. Cir Electrical $ 474,600 base bid Fisher, Fontana, Franczyk, Golombek Grant, Gray, 2750 Kenmore Avenue 60.900 alt #5 LoTempio, Martino, and Thompson - 13. Tonawanda. NY 14150 29,700 alt #9 $565,200 ABSENT - None. No. 109 - Elevator 1. ThysseKrupp Elevator$ 179,900 base bid On a motion by Mrs. LoTempio, seconded by 55 Benbro Drive 122,600 alt #1 Mr.Fontana, the minutes of the stated meeting held on Buffalo, NY 14225 124,800 alt #2 April 29, 2003 were approved. $ 427,300 2, Schindler Elevator Corp $ 173,000 base bid FROM THE MAYOR 80 Curtvvright Dr - Suite 3 172,000 alt #1 On a motion by Mr. Fontana, seconded by Mrs. Grant, the Williamsville, NY 14221 169,00 alt #2 minutes of the stated meeting held on April 29, 2003 were $514,000 approved. No. 110 -General Trades 1. Sicoli & Massaro Inc. $ 1,532,000 base bid FROM THE MAYOR - E XECUTIVE DEPARTMENT MPO Box 925 22,000 alt #4 FROM THE BOARD OF PARKING Niagara Falls. NY 14302 $ 1,554,000 NO. 1 2. Cirninelli Construction $ 1,598,000 base bid RESULTS OF BID The Cyclorama Building 22.500 alt #4 OWEN B. AUGSPURGER ADDITION 369 Franklin $ 1,620,500 The City of Buffalo Board of Parking advertised for bidders Buffalo, NY 14202 for die Owen B, Augspurger Addition on March 3, 2003. A 3. Summit Construction Group$ 1,634,000 base bid public bid opening was held on May 61. 2003 at 11:00 a.m. 4. 6 Lancaster Parkway 25,000 alt 4 in the offices of the Board of Parking, 1801 City Hall. The Lancaster, NY 14086 $ 11,659,000 results are as follows: Contract No. I I I - Parking Equipment Contract No. 103 Superstructure 1. Victor Liberator Time Svstems $ 197,451 base bid BIDDERS 25 Tvrol Drive 90,000 alt #6 1. Ciminelli Construction Companies Buffalo, NY 14227 $2871,451 $4,605,000 At this time we recommend the following contracts be The Cyclorama Building awarded to the lowest responsible bidders, at the following 369 Franklin Street listed bids: Buffalo, NY 14202 Contract No. 103 Superstructure 2 LeChase Construction $4,632,000 Ciminelli $4,605,000 300 Trolley Boulevard The Cyclorama Building P.O. Box 60830 369 Franklin Street Rochester, NY 14606 Buffalo, NY 14202-1790 3 Crane- Hogan Structural Systems, Inc.Contract No. 104 - Architectural Precast $5,483,700 Modem Mosaic Ltd. $1,001,000 3001 Brockport Road 1025 Main St. Spencerport. NY 14559 Niagara Falls, NY 14302 Contract No. 104 - Architectural Precast Contract No. 106 - Plumbing & Fire Protection 1. Modem Mosaic Lid $1,001,000 C & L Plumbing Inc. $ 215,500 base bid 1025 Main 70 Sheldon Avenue 3,800 alt #I Niagara Falls., NY 14302 Depew, NY 14043 $219,300 Contract No. 106 - Plumbing & Fire Protection Contract No. 107 - Mechanical 1. C & L Plumbing, Inc $ 215,500 base bid DV Brown & Associates $108,400 70 Sheldon Avenue 3,80 alt #1 567 Vickcrs St Depew, NY 14043 $219.300 Tonawanda, NY 14150 2. DV Brown & Associates $ 259,400 base bid Contract No. 108 -Electrical 567 Vickers Street Ferguson Electric Construction Co. $ 389,900 base bid Tonawanda, NY 14150 333 Ellicott Street 4,200 alt # I 3. W.C. Roberson Buffalo, NY 14203 2,400 alt # 2 Plumbing & Construction Corp $ 293,300 base bid 35,400 alt #5 602 E. Delavan 21,900 alt #9 Buffalo, NY 14211 $453,800 4, Matthew Kandefer Inc. $293,500 base bid Contract No. 109 - Elevator 2215 Broadway ThyssenKrupp Elevator $ 179,900 base bid Buffalo, NY 14212 55 Benbro Drive 122,600 alt #1 Contract No. 107 - Mechanical Buffalo, NY 14225 124,800 alt #2 1. DV Brown & Associates, Inc $ 108,400 $427,300 567 Vickers Street Contract No. 110 -General Trades Tonawanda. NY 14150 Sicoli & Massaro, Inc. $ 1,532,000 base bid 2. W. C. Roberson M.P.0 Box 825 22,000 alt #4 Plumbing and Construction Corp. $ 150,000 Lancaster, NY 14086 $ 1,554,000 602 E. Delavan Contract No.111 - Parking Equipme Buffalo, NY 14211 Victor Liberator Time Systems $ 197,451 base bid Contract No. 108 -Electrical 25 Tyrol Drive 90,000 alt #6 1. Ferguson Electric 3 89,900 base bid Buffalo, NY 14227 $287.451 333 Ellicott Street 4,200 alt #1 GRAND TOTAL $ 8,656,251 Buffalo, NY 14203 2,400 alt #2 The original total estimate for all contracts was $9,4931,608. 35,400 alt #5 Fund for this project are in the Parking Board's Bond 21,900 alt #9 Account 51019036 445 100. $453,800 Mrs. LoTempio moved: 2 Frey Electric Construction $ 413,000 base bid That the above communication from the Chairman of the 106 Pearce 4,000 alt #I Board of Parking dated May 8, 2003, be received and filed; Tonawanda, NY 14150 2,400 A # 2 and 63,000 alt #5 That the Chairman of the Board of Parking be, and he 22,000 alt #9 hereby is authorized to award contracts to the lowest $ 504,400 responsible bidders for the Owen B. Augspurger Addition, for 3. Electrical Service & Systems $ 393,2 10 base bid Contract No. 103 - Superstructure to Ciminelli, in the amount 35 Lee Street 1,500 alt #1 of $4,605,000, for Contract 104 - Architectural Precast to Buffalo, NY 142 10 3,000 aft 42 Modem Mosaic Ltd., in the amount of $ 1,001,000, for 82,000 alt #5 Contract No. 106 - Plumbing & Fire Protection to C & L Plumbing Inc., in the base bid amount of $215,500 with alt That the above communication from the Office of Strategic #1 in the amount of $3,800 for a total bid amount of Planning, Division of Real Estate, dated April 30, 2003, be $219,300, for Contract No. 107 - Mechanical to DV Brown & received and filed; and Associates in the amount of $108,400, for Contract 108 - That the offer from Pastor Kenneth Wilkerson of Timothy Electrical to Ferguson Electric Construction Co., in the base Baptist Church, residing at 1467 Genesee Street, in the sum bid amount of $389,000, alt #1 in the amount of $4,200, alt of Ten Thousand and Eight Hundred Dollars ($10,800.00) for #2 in the amount of S2,400, alt #5 in the amount of $35,400, the purchase of 1463 and 1471 Genesee Street, be and they alt #9 in the amount of $21,900 for a total bid of $453,800, hereby are accepted; and for Contract No. 109 - Elevator to ThyssenKrupp Elevator in That the appraisal requested by the City of Buffalo shall be the base bid amount of $179,000, alt #I in the amount of S paid by the purchaser; and 122,600, alt #2 in the amount of $124,800 for a total bid That the transfer tax, recording fees and cost of legal amount of $427,300, Contract No 110 - General Trades to description shall be paid by the purchaser; and Sicoll & Massaro, Inc. in the base bid amount of $1,532,000, That the Corporation Counsel be authorized to prepare the alt #4 in the amount of $22,000 for a total bid amount of necessary documents for the transfer of title and that the $1,554,000, for Contract No. I I I - Parking Equipment in the Mayor be authorized to execute the same, in accordance base amount of S 197,45 1, alt #6 in the amount of $90,000 with the terms of sale upon which the offer was submitted. for a total bid amount of $287, 451 for a grand total of PASSED $8,656,25 1. Funds for the project are available in the AYES - 13 NOES - 0 Parking Board's Bond Account 5 101903 6 445 100. PASSED NO. 4 AYES – COPPOLA, DAVIS, FONTANA, FRANCZYK, RESULTS OF NEGOTIATIONS GOLOMBEK, GRANT, LOTEMPIO, MARTINO, 590 SWAN, 162.60' E JEFFERSON THOMPSON – 9 NOES – BONIFACIO, FISHER, GRAY, VACANT LOT: 26' X 122' PITTS - 4 ASSESSED VALUATION: 1,600. The Office of Strategic Planning, Division of Real Estate FROM THE OFFICE OF STRATEGIC PLANNING has received a request to purchase 590 Swan Street from NO. 2 Mr. Robert P. Rieker, 578 Swan Street, Buffalo, New York RESCIND AUCTION SALE AND FORFEIT DEPOSIT 142 10. Mr. Rieker owns a one family home at 578 Swan 277 ROTHER and 584 and 586 Swan, which are vacant lots. He intends to ITEM NO. 91, C.C.P. 3/4/03 use 590 Swan Street for additional green space In the above referenced item Your Honorable Body The Division of Permit and Inspection Services and the authorized the sale of 277 Rother to Mr. Wilfredo A. Ruiz of Division of Collections have no objections to the sale. There 88 Detroit Street, Buffalo, New York 14206. Mr. Ruiz was the are no building, code violations, taxes or other liens owed to highest bidder in the amount of Six Hundred Dollars the City of Buffalo by the purchaser. ($600.00), plus a 10% buyer's premium for a total of Six The Division of Real Estate has investigated the sale of Hundred Sixty Dollars ($660.00). similar resident I al vacant lot properties in the subject area. The purchaser has indicated that he no longer wishes to Sales prices range from twenty-five cents (.25) to purchase the property. We have sent him notice that we will seventy-five cents (1.75) per square foot. rescind the sale and he will forfeit his deposit in the amount The results of our negotiations are that Mr. Rieker has of Seventy Dollars ($70.00). agreed and is prepared to pay one thousand six hundred Therefore, we are recommending that the Common Council dollars ($1,600), fifty cents (.50) per square foot, for the approves rescinding the sale of 277 Rother, return the subject property. He has also a-reed to pay for the cost of property to our inventory for resale and that the bidder the appraisal, transfer tax, recording fees and cost of the forfeits his deposit in the amount of Seventy Dollars legal description. ($70.00), I am recommending that Your Honorable Body approve the Mrs. LoTempio moved: sale of 590 Swan Street to Mr. Robert P. Ricker in the That the communication from the Department of Strategic amount of one thousand six hundred dollars (S 1,600). 1 am Planning, dated May 7, 2003, be received and filed; and further recommending that the Corporation Counsel prepare That the Executive Director of Strategic Planning be, and he the necessary documents for the transfer of title and that the hereby is authorized to rescind the sale of 277 Rother at a Mayor be authorized to execute the same. cost of $70.00 down payment to Wilfredo A. Ruiz of 88 REFERRED TO THE COMMITTEE ON FINANCE Detroit Street and that the property be returned to inventory for sale. FROM THE COMPTROLLER PASSED NO. 5 AYES - 13 NOES - 0 PAYMENT OF DISPOSAL CHARGES AMERICORPS NO. 3 The Americorps programs have been very effective in our RESULTS OF NEGOTIATIONS 1463 GENESEE, 66.92, E City. Their neighborhood projects as well as the ranger IVY LOT SIZE: 31' X 127' ASSESSED VALUATION: $ program downtown have made an impact on the quality of 3,200. life in the City. 1471 GENESEE, W COR. ST. LOUIS LOT SIZE: 32' X 149' The Americorps Program does not have a contract with the ASSESSED VALUATION: $ 4,900. City of Buffalo to remove debris and trash from City owned The Office of Strategic Planning, Division of Real Estate, properties. The organization was listed on the disposal has received a request to purchase 1463 and 1471 Genesee records invoice and was therefore billed for the fee. Street from Pastor Kenneth Wilkerson of Timothy Baptist Organizations doing business with or for the City need to be Church, 1467 Genesee Street, Buffalo, New York 14211. covered by contract for their activity. Insurance concerns Pastor Wilkerson intends to make a parking lot for the (e.g. workers compensation, liability etc) represent one area congregation, which is adjoining to his church. that must be considered. The Department of Permit and Inspection Services and the Without a contract, and a listing of the City owned properties Division of Collections have no objections to the sale. There we cannot abate, nor do we have such authority under the are no building code violations, taxes or other liens owed to charter. The Council has that authority, as does the the City of Buffalo by the purchaser. Corporation Counsel's Office who would approve, as to form The Division of Real Estate has investigated the sale of any contract. similar commercial vacant lot properties in the subject area. We therefore return the billing to the Council for their action Sales prices range from one dollar and twenty-four cents on this and future billings. ($1.24) to one dollar and seventy-nine cents (1.79) per REFERRED TO THE COMMITTEE ON FINANCE AND THE square foot. CORPORATION COUNSEL The results of our negotiations are that Pastor Wilkerson has agreed and is prepared to pay ten thousand eight hundred NO. 6 dollars ($10,800), one dollar and twenty four cents ($1.24) ACCURACY OF REVENUE AND per square foot, for the subject properties. He has also EXPENDITURE ASSESSMENTS. agreed to pay for the cost of the transfer tax, recording fees As comptroller, I am required by charter to offer my and legal descriptions. observations on the accuracy of revenue and expenditure I am recommending that Your Honorable Body approve the assessments contained in the administration's proposed sale of 1463 and 1471 Genesee Street to Pastor Kenneth budget. As proposed, the spending plan is out of balance by Wilkerson of Timothy Baptist Church in the amount of ten S29 million, and relies on borrowing to close the gap and thousand eight hundred dollars ($10,800). 1 am further address re-engineering expenditures, including increases in recommending that the Corporation Counsel prepare the police and fire costs. The total package for police includes necessary documents for the transfer of title and that the increases in excess of 28 percent over the length of the Mayor be authorized to execute the same. five-year contract going forward (plus two retroactive years), Mrs. LoTempio moved: and includes a one-time incremental $5,000 payment to each member of the police department in exchange for certain management concessions. A $20 million spin up in state aid in the current year, 2002-2003, is used to address As you are aware, this test tower and the equipment on it will the $11 million front-end costs associated with the police and be used to collect basic data on wind speed and direction for fire contracts (retroactive pay). The concern is that projected the Shoreline Wind Study that is being conducted by the savings of $15.21- million at the back end of the police County. The data will determine if the site is suitable for contract is dependent on the rate of retirement, and could development of a wind energy facility. come in much lower if retirement rates don't materialize as Installation and operation of the tower will not cause projected. There are revenue increases built into the environmental harm since it does not emit pollutants or 2003-2004 budget, namely a 9.5 percent property tax odors, does not makes noise, and only requires a minor increase, and hikes in parking fines, water rates, and fees for disturbance to the ground surface where the guy wires are permits and licenses. There are no new revenue sources anchored to the ground. identified in this budget and no projection for future year If the wind data are not favorable, the tower will be removed deficits. It would seem imperative that discussions continue and the site will return to its original condition. If the data are on identifying new revenue sources and savings, most likely favorable, monitoring will continue for one project year. in collaboration with other governmental units. Increased Should a wind energy facility be proposed in the future, more efficiency Could mean lower costs, and coupled with new extensive environmental documentation will be prepared in revenue sources may steer the city toward structural balance compliance with SEQR. with recurring revenues and expenditures in line. Budgets If you have any questions with regard to the enclosed balanced on borrowing are not structurally balanced and information or the wind study, please call me at 716- raise red flags to the credit-rating agencies, meaning a 684-8060, extension 2809. Thank you for your assistance possible credit adjustment leading to higher borrowing costs. and we look forward to working with the City on this very Improved management of federal block grant funds could important project. help stimulate neighborhood and downtown development, REFERRED TO THE COMMITTEE ON LEGISLATION and we would urge reducing debt and focusing more on delivery of human services. We do not take issue with FROM THE COMMISSIONER OF ASSESSMENT AND revenue and expenditure assessments, but are concerned TAXATION with the need for deficit financing to balance the budget and NO. 9 the lack of projections for future year deficits. If police CERTIFICATE OF APPOINTMENT savings materialize in the later years of the contract, and if Appointment Effective April 28, 2003 in the Department of other cooperative efforts continue to reduce costs and boost Assessment and Taxation to the Position of Assistant to revenue, this budget could represent an important step Assessor toward reform. Permanent at the flat Starting Salary of $27,132 REFERRED TO THE COMMITTEE OF THE WHOLE Brian A. Sullivan, 168 Lafayette Avenue,Buffalo NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THF PRESIDENT OF THE COUNCIL NO. 7 NO. 10 REQ MARKER FOR H. WOLANSKI NOTIFICATION SERIAL # 9603 Whereas; Private Henry Wolanski #1700968, who lived on INSTALL STOP SIGN Sears St., Buffalo, NY was killed in action in France in World IN VIOLA PARK War I at the age of 19 years in the 308 1h Infantry, 77 th AT DAISY PLACE Division STOP SIGNS - INSTALL Whereas; Henry Wolanski was employed by the Dold Packing Company located at 745 William Street, Buffalo, NY Inconformity with Section 49 of Chapter 479 of the and following his death in the service of our country the Ordinances of the City of Buffalo, the City Engineer hereby employees of Dold Packing Co. formed an American Legion notifies Your Honorable Body of this action supplementing, Post in his honor. amending, or repealing existing provisions of Chapter 479 of Whereas; A Charter was issued on October 27, 1919 to the Ordinances, as stated below, to be effective forty five Wolanski Post #707 at Jacob Dold Packing Company, 745 days after the first Council meeting at which they appear on William St., Buffalo, NY and the Wolanski Post #707 the agenda as an item business. operated at this address. That part of Subdivision 9 Section 11 of Chapter 479 of Whereas; proper recognition should be given to Private Ordinances of the City of Buffalo be supplemented by adding Henry Wolanski and to the Wolanski American Legion Post thereto the following: STOP SIGNS #707. VEHICLES ON SHALL STOP BEFORE Now therefore be it resolved; That the Erie County American ENTERING Legion assembled at a regularly convened meeting on April Viola Park Daisy Place 24, 2003 respectfully requests Buffalo Mayor Anthony This action is being taken in order to provide traffic control at Masiello, members of the Buffalo Common Council and a previously uncontrolled intersection. Fillmore District Councilman Franczyk to place a marker at NOTIFICATION SERIAL # 9604 the former site of Dold Packing Company or immediate INSTALL STOP SIGN proximity to honor the memory of Private Henry Wolanski IN VIOLA PARK who is buried in foreign soil in France and to recognize that AT PANSY PLACE an American Legion Post #707 was chartered on that site. STOP SIGNS - INSTALL And may it be further resolved; that a copy of this resolution In conformity with Section 49 of Chapter 479 of the be forwarded to Mayor Anthony Masiello and members of Ordinances of the City of Buffalo, the City Engineer hereby the Buffalo Common Council and to Fillmore District notifies Your Honorable Body of this action supplementing, Frankczyk. amending, or repealing existing provisions of Chapter 479 of Mrs. LoTempio moved: the Ordinances, as stated below, to be effective forty five That the above communication from the Erie County days after the first Council meeting at which they appear on American Legion, be received and filed; and the agenda as an item business. That the City of Buffalo is hereby authorized to place a That part of Subdivision 9 Section 11 of Chapter 479 of marker at the former site of Dold Packing Company or Ordinances of the City of Buffalo be supplemented by adding immediate proximity to honor the memory of Private Henry thereto the following: STOP SIGNS Wolanski who is buried in foreign soil in France and to VEHICLES ON SHALL STOP BEFORE recognize that an American Legion Post #707 was chartered ENTERING on that site. Viola Park Pansy Place PASSED This action is being taken in order to provide traffic control at AYES - 13 NOES - 0 a previously uncontrolled intersection. NOTIFICATION SERIAL # 9605 NO. 8 INSTALL STOP SIGN (POLICE EMERGENCY ORDER) ERIE COUNTY SHORELINE WIND STUDY IN TACOMA AVENUE METEOROLOGICAL TOWER INSTALLATION, CITY AT FRONTENAC AVENUE OF BUFFALO, CSX PROPERTY STOP SIGNS - INSTALL Dear Mr. Krug: In conformity with Section 49 of Chapter 479 of the Please find enclosed, on behalf of the Erie County Ordinances of the City of Buffalo, the City Engineer hereby Department of Environment and Planning (County), a site notifies Your Honorable Body of this action supplementing, plan containing five copies of a: project description; figures amending, or repealing existing provisions of Chapter 479 of depicting location information including a 7.5 Minute U.S. the Ordinances, as stated below, to be effective forty five Geological Survey (USGS) Quadrangle Map; and other days after the first Council meeting at which they appear on supporting documentation for the proposed installation of a the agenda as an item business. meteorological tower on CSX-owned property (42' 50.312' That part of Subdivision 9 Section 11 of Chapter 479 of 78' 50.625'). Also enclosed is a check in the amount of Ordinances of the City of Buffalo be supplemented by adding $275.00 to cover the cost of site plan review by the City of thereto the following: STOP SIGNS (POLICE EMERGENCY Buffalo Common Council for the proposed installation by ORDER) June 2003. VEHICLES ON SHALL STOP BEFORE AND W. EAGLE STREET ENTERING (EXCLUDING EXISTING NO PARKING Tacoma Avenue Frontenac Avenue AND NO STANDING AREAS) PERMISSIVE PARKING - INSTALL NOTIFICATION SERIAL #9606 In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby VARIOUS LOCATIONS notifies Your Honorable Body of this action supplementing, (SEE LIST BELOW) amending, or repealing existing provisions of Chapter 479 of PERMISSIVE PARKING - REPEAL the Ordinances, as stated below, to be effective forty five In conformity with Section 49 of Chapter 479 of the days after the first Council meeting at which they appear on Ordinances of the City of Buffalo, the City Engineer hereby the agenda as an item business. notifies Your Honorable Body of this action supplementing, That part of Subdivision 29 Section 15 of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding the Ordinances, as stated below, to be effective forty five thereto the following: METERED PARKING days after the first Council meeting at which they appear on the agenda as an item business. Metered Parking Locations That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by Period of Metered Parking repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOC. PERIOD OF Delaware Avenue, east side 2 Hour Parking PERMISSIVE PARKING between Church Street 10:00 am to 4:00 Bryant Street, north side between 2 hour parking pm Main Street and Delaware 7:00 am to 4:00 pm Ave. Friday, Saturday, Monday Rate of Metered Parking Bryant Street, south side 2 hour parking Rate C between Main Street and 7:00 am to 4:00 pm $1.00 Per Hour Delaware Avenue Tuesday, Wednesday, 2 Hour Maximum Thursday This action is being taken in conjunction with the Downtown This action is being taken to allow for less prohibitive parking Buffalo Parking Infrastructure Task Force study to provide on Saturdays for residents of Bryant Street, at the request of more user-friendly on-street parking in Downtown Buffalo. the District Councilmember. (See next serial.) NOTIFICATION SERIAL# 9610 NOTIFICATION SERIAL #9607 PERMISSIVE PARKING - REPEAL PERMISSIVE PARKING - INSTALL ON DELAWARE AVENUE, EAST SIDE VARIOUS LOCATIONS BETWEEN W. EAGLE STREET (SEE LIST BELOW) AND NIAGARA SQUARE PERMISSIVE PARKING - INSTALL PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on days after the first Council meeting at which they appear on the agenda as an item business. the agenda as an item business. That part of Subdivision 25 Section 15 of Chapter 479 of That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding Ordinances of the City of Buffalo be supplemented by thereto the following: PERMISSIVE PARKING repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOC. PERIOD OF PERM. PERMISSIVE PARKING LOC. PERIOD OF PERMISSIVE PARKING - DAILY PARKING Delaware Avenue, east side 2 Hour Parking Bryant Street, north side 2 hour parking between W. Eagle Street and 10:00 a.m. to 7:00 p.m. between Main Street and 7:00 a.m to 4:00 p.m. Niagara Square Except Sunday Delaware Avenue Friday and Monday This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Bryant Street, south side 2 Hour Parking more user-friendly on-street parking in Downtown Buffalo. between Main Street and 7:00 a.m. To 4:00 p.m. NOTIFICATION SERIAL # 9611 Delaware Avenue Tuesday, Wednesday, INSTALL METERED PARKING Thursday ON DELAWARE AVENUE, EAST SIDE This action is being taken to allow for less prohibitive parking BETWEEN W. EAGLE STREET on Saturdays for residents of Bryant Street, at the request of AND NIAGARA SQUARE the District Councilmember. (See next serial.) (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS) NOTIFICATION SERIAL # 9608 PERMISSIVE PARKING - PERMISSIVE PARKING - INSTALL REPEAL ON DELAWARE AVENUE, EAST SIDE In conformity with Section 49 of Chapter 479 of the BETWEEN CHURCH STREET AND W. EAGLE STREET Ordinances of the City of Buffalo, the City Engineer hereby PERMISSIVE PARKING - REPEAL notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby the Ordinances, as stated below, to be effective forty five notifies Your Honorable Body of this action supplementing, days after the first Council meeting at which they appear on amending, or repealing existing provisions of Chapter 479 of the agenda as an item business. the Ordinances, as stated below, to be effective forty five That part of Subdivision 29 Section 15 of Chapter 479 of days after the first Council meeting at which they appear on Ordinances of the City of Buffalo be supplemented by adding the agenda as an item business. thereto the following: METERED PARKING That part of Subdivision 25 Section 15 of Chapter 479 of Metered Parking Locations Period of Metered Ordinances of the City of Buffalo be supplemented by Parking repealing therefrom the following: PERMISSIVE PARKING Delaware Avenue, east side 2 Hour Parking PERMISSIVE PARKING LOC. PERIOD OF between W. Eagle Street 10:00 a.m. to 5:00 PERMISSIVE p.m.00 and Niagara Square Monday – PARKING - DAILY Friday Delaware Avenue, east side between 2 Hour Pkg. (excluding existing No Parking Church Street and W. Eagle Street 10:00 a.m to 4:00 and No Standing areas) p.m. Except Sunday Rate of Metered Parking This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Rate C more user-friendly on-street parking in Downtown Buffalo. $1.00 Per Hour 2 Hour Maximum NOTIFICATION SERIAL # 9609 This action is being taken in conjunction with the Downtown INSTALL METERED PARKING Buffalo Parking Infrastructure Task Force study to provide ON DELAWARE AVENUE, EAST SIDE more user-friendly on-street parking in Downtown Buffalo. BETWEEN CHURCH STREET NOTIFICATION SERIAL # 9612 In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby ON DELAWARE AVENUE, EAST SIDE notifies Your Honorable Body of this action supplementing, BETWEEN NIAGARA SQUARE amending, or repealing existing provisions of Chapter 479 of AND W. MOHAWK STREET the Ordinances, as stated below, to be effective forty five PERMISSIVE PARKING - REPEAL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That part of Subdivision 29 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by adding amending, or repealing existing provisions of Chapter 479 of thereto the following: METERED PARKING the Ordinances, as stated below, to be effective forty five Metered Park Locations Period of Metered Park Rate of days after the first Council meeting at which they appear on Metered the agenda as an item business. Delaware Ave, east side 2 Hour Parking Rate C That part of Subdivision 25 Section 15 of Chapter 479 of between W. Mohawk St 8:00 am to 5:00 pm $ 1.00 Ordinances of the City of Buffalo be supplemented by per hour repealing therefrom the following: PERMISSIVE PARKING and W. Huron Street Monday – Friday 2 hour PERMISSIVE PARKING LOC. PERIOD OF PERM.PKG – max DAILY (excluding existing No Parking Delaware Avenue, east side 2 Hour Pkg. and No Standing areas) between Niagara Square and 7:00 a.m. to 7:00 p.m. This action is being taken in conjunction with the Downtown W. Mohawk Street Except Sunday Buffalo Parking Infrastructure Task Force study to provide This action is being taken in conjunction with the Downtown more user friendly on-street parking in Downtown Buffalo. Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. Notification Serial # 9616 Permissive Parking - Repeal Notification Serial # 9613 on Delaware Avenue, east side Install Metered Parking between W. Huron Street on Delaware Avenue, east side and W. Chippewa Street between Niagara Square PERMISSIVE PARKING - REPEAL and W. Mohawk Street In conformity with Section 49 of Chapter 479 of the (excluding existing No Parking Ordinances of the City of Buffalo, the City Engineer hereby and No Standing areas) notifies Your Honorable Body of this action supplementing, PERMISSIVE PARKING – INSTALL amending, or repealing existing provisions of Chapter 479 of In conformity with Section 49 of Chapter 479 of the the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo, the City Engineer hereby days after the first Council meeting at which they appear on notifies Your Honorable Body of this action supplementing, the agenda as an item business. amending, or repealing existing provisions of Chapter 479 of That part of Subdivision 25 Section 15 of Chapter 479 of the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo be supplemented by days after the first Council meeting at which they appear on repealing therefrom the following: PERMISSIVE PARKING the agenda as an item business. PERM PARK LOCATION PERIOD OF PERM PARK - That part of Subdivision 29 Section 15 of Chapter 479 of DAILY Ordinances of the City of Buffalo be supplemented by adding Delaware Avenue, east side 2 Hour Parking thereto the following: METERED PARKING between W. Huron Street 7:00 am to 7:00 pm Metered Parking Locations Period of Metered Parking Rate and W. Chippewa Street Except Sunday of Metered Delaware Ave, east side 2 Hour Parking This action is being taken in conjunction with the Downtown Rate C Buffalo Parking Infrastructure Task Force study to provide between Niagara Square 8:00 am to 5:00 pm more user friendly on-street parking in Downtown Buffalo. $ 1.00 per hour and W. Mohawk Street Monday – Friday Notification Serial # 9617 2 hour max Install Metered Parking (excluding existing No Parking on Delaware Avenue, east side and No Standing areas) between W. Huron Street This action is being taken in conjunction with the Downtown and W. Chippewa Street Buffalo Parking Infrastructure Task Force study to provide (excluding existing No Parking more user friendly on-street parking in Downtown Buffalo. and No Standing areas) PERMISSIVE PARKING - INSTALL Notification Serial # 9614 In conformity with Section 49 of Chapter 479 of the Permissive Parking - Repeal Ordinances of the City of Buffalo, the City Engineer hereby on Delaware Avenue, east side notifies Your Honorable Body of this action supplementing, between W. Mohawk Street amending, or repealing existing provisions of Chapter 479 of and W. Huron Street the Ordinances, as stated below, to be effective forty five PERMISSIVE PARKING - REPEAL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That part of Subdivision 29 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by adding amending, or repealing existing provisions of Chapter 479 of thereto the following: METERED PARKING the Ordinances, as stated below, to be effective forty five Meter Park Locations Period of Meter Park Rate of days after the first Council meeting at which they appear on Meter the agenda as an item business. Delaware Ave, east side 2 Hour Parking Rate C That part of Subdivision 25 Section 15 of Chapter 479 of between W. Huron St 8:00 am to 5:00 pm. $1.00 per hr Ordinances of the City of Buffalo be supplemented by and W. Chippewa St Monday – Friday 2 hour max repealing therefrom the following: PERMISSIVE PARKING (excluding existing No Parking PERMISSIVE PARKING LOCATION and No Standing areas) Delaware Avenue, east side This action is being taken in conjunction with the Downtown between W. Mohawk Street Buffalo Parking Infrastructure Task Force study to provide and W. Huron Street more user friendly on-street parking in Downtown Buffalo. PERIOD OF PERMISSIVE PARKING - DAILY 2 Hour Parking Notification Serial # 9618 7:00 am to 7:00 pm Permissive Parking - Repeal Except Sunday on Delaware Avenue, east side This action is being taken in conjunction with the Downtown between W. Chippewa Street and Buffalo Parking Infrastructure Task Force study to provide W. Tupper Street more user friendly on-street parking in Downtown Buffalo. PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Notification Serial # 9615 Ordinances of the City of Buffalo, the City Engineer hereby Install Metered Parking notifies Your Honorable Body of this action supplementing, on Delaware Avenue, east side amending, or repealing existing provisions of Chapter 479 of between W. Mohawk Street the Ordinances, as stated below, to be effective forty five and W. Huron Street days after the first Council meeting at which they appear on (excluding existing No Parking the agenda as an item business. and No Standing areas) That part of Subdivision 25 Section 15 of Chapter 479 of PERMISSIVE PARKING - INSTALL Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERM PARK LOCATION PERIOD OF PERM PARK - and Edward Street Monday – Friday 2 DAILY hour max Delaware Avenue, east side 2 Hour Parking (excluding existing No between W. Chippewa Street 7:00 am to 7:00 pm Park and No Stand areas) and W. Tupper Street Except Sunday This action is being taken in conjunction with the Downtown This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Buffalo Parking Infrastructure Task Force study to provide more user friendly on-street parking in Downtown Buffalo. more user friendly on-street parking in Downtown Buffalo. Notification Serial # 9622 Notification Serial # 9619 Permissive Parking - Repeal Install Metered Parking on Delaware Avenue, west side on Delaware Avenue, east side between Edward Street between W. Chippewa Street and Trinity Place and W. Tupper Street PERMISSIVE PARKING - REPEAL (excluding existing No Parking In conformity with Section 49 of Chapter 479 of the and No Standing areas) Ordinances of the City of Buffalo, the City Engineer hereby PERMISSIVE PARKING - INSTALL notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby the Ordinances, as stated below, to be effective forty five notifies Your Honorable Body of this action supplementing, days after the first Council meeting at which they appear on amending, or repealing existing provisions of Chapter 479 of the agenda as an item business. the Ordinances, as stated below, to be effective forty five That part of Subdivision 25 Section 15 of Chapter 479 of days after the first Council meeting at which they appear on Ordinances of the City of Buffalo be supplemented by the agenda as an item business. repealing therefrom the following: PERMISSIVE PARKING That part of Subdivision 29 Section 15 of Chapter 479 of PERMISSIVE PARKING LOCATION Ordinances of the City of Buffalo be supplemented by adding Delaware Avenue, west side between Edward Street and thereto the following: METERED PARKING Trinity Place Meter Park Locations Period of Meter Park Rate of PERIOD OF PERMISSIVE PARKING - DAILY Metered Park 2 Hour Parking Delaware Ave, east side 2 Hour Parking Rate B 7:00 am to 7:00 pm between W. Chippewa St 8:00 am to 5: 00 pin $0.50 Except Sunday per hour This action is being taken in conjunction with the Downtown and W. Tupper Street Monday – Friday 2 hour Buffalo Parking Infrastructure Task Force study to provide max more user friendly on-street parking in Downtown Buffalo. (excluding existing No Parking and No Standing areas) Notification Serial # 9623 This action is being taken in conjunction with the Downtown Install Metered Parking Buffalo Parking Infrastructure Task Force study to provide on Delaware Avenue, west side more user friendly on-street parking in Downtown Buffalo. between Edward Street and Trinity Place Notification Serial # 9620 (excluding existing No Parking Permissive Parking - Repeal and No Standing areas) on Delaware Avenue, east side PERMISSIVE PARKING - INSTALL between W. Tupper Street and In conformity with Section 49 of Chapter 479 of the Edward Street Ordinances of the City of Buffalo, the City Engineer hereby PERMISSIVE PARKING - REPEAL notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby the Ordinances, as stated below, to be effective forty five notifies Your Honorable Body of this action supplementing, days after the first Council meeting at which they appear on amending, or repealing existing provisions of Chapter 479 of the agenda as an item business. the Ordinances, as stated below, to be effective forty five That part of Subdivision 29 Section 15 of Chapter 479 of days after the first Council meeting at which they appear on Ordinances of the City of Buffalo be supplemented by adding the agenda as an item business. thereto the following: METERED PARKING That part of Subdivision 25 Section 15 of Chapter 479 of Metered Parking Locations Ordinances of the City of Buffalo be supplemented by Delaware Avenue, west side repealing therefrom the following: PERMISSIVE PARKING between Edward Street PERMISSIVE PARKING LOCATION and Trinity Place Delaware Avenue, east side (excluding existing No Parking between W. Tupper Street and No Standing areas) and Edward Street Period of Metered Parking PERIOD OF PERMISSIVE PARKING - DAILY 2 Hour Parking 2 Hour Parking 9:00 am to 5:00 pm 7:00 am to 7:00 pm Monday - Friday Except Sunday Rate of Metered Parking This action is being taken in conjunction with the Downtown Rate B Buffalo Parking Infrastructure Task Force study to provide $0.50 per hour more user friendly on-street parking in Downtown Buffalo. 2 hour maximum This action is being taken in conjunction with the Downtown Notification Serial # 9621 Buffalo Parking Infrastructure Task Force study to provide Install Metered Parking more user -friendly on-street parking in Downtown Buffalo. on Delaware Avenue, east side between W. Tupper Street NOTIFICATION SERIAL # 9624 and Edward Street PERMISSIVE PARKING - REPEAL (excluding existing No Parking ON DELAWARE AVENUE, WEST SIDE and No Standing areas) BETWEEN TRINITY PLACE PERMISSIVE PARKING - INSTALL AND W. TUPPER STREET In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby In conformity with Section 49 of Chapter 479 of the notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo, the City Engineer hereby amending, or repealing existing provisions of Chapter 479 of notifies Your Honorable Body of this action supplementing, the Ordinances, as stated below, to be effective forty five amending, or repealing existing provisions of Chapter 479 of days after the first Council meeting at which they appear on the Ordinances, as stated below, to be effective forty five the agenda as an item business. days after the first Council meeting at which they appear on That part of Subdivision 29 Section 15 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo be supplemented by adding That part of Subdivision 25 Section 15 of Chapter 479 of thereto the following: METERED PARKING Ordinances of the City of Buffalo be supplemented by Meter Park Locations Period of Meter Park Rate of repealing therefrom the following: PERMISSIVE PARKING Meter PERMISSIVE PARKING LOC. PERIOD OF PERM. Delaware Ave, east side 2 Hour Parking Rate PARKING - DAILY B Delaware Avenue, west side 2 Hour Parking between W. Tupper St 9:00 am to 5:00 pm $0.50 between Trinity Place and 7:00 a.m. to 7:00 p.m. per hour W. Tupper Street Except Sunday This action is being taken in conjunction with the Downtown This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. more user-friendly on-street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9625 NOTIFICATION SERIAL # 9628 INSTALL METERED PARKING PERMISSIVE PARKING - REPEAL ON DELAWARE AVENUE, WEST SIDE ON DELAWARE AVENUE, WEST SIDE BETWEEN TRINITY PLACE BETWEEN TRACY STREET AND W. TUPPER STREET AND NORTH JOHNSON PARK (EXCLUDING EXISTING NO PARKING PERMISSIVE PARKING - REPEAL AND NO STANDING AREAS) In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - INSTALL Ordinances of the City of Buffalo, the City Engineer hereby In conformity with Section 49 of Chapter 479 of the notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo, the City Engineer hereby amending, or repealing existing provisions of Chapter 479 of notifies Your Honorable Body of this action supplementing, the Ordinances, as stated below, to be effective forty five amending, or repealing existing provisions of Chapter 479 of days after the first Council meeting at which they appear on the Ordinances, as stated below, to be effective forty five the agenda as an item business. days after the first Council meeting at which they appear on That part of Subdivision 25 Section 15 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo be supplemented by That part of Subdivision 29 Section 15 of Chapter 479 of repealing therefrom the following: PERMISSIVE PARKING Ordinances of the City of Buffalo be supplemented by adding PERMISSIVE PARKING LOCATION thereto the following: METERED PARKING Delaware Avenue, west side Metered Parking Locations Period of Metered Parking between Tracy Street and Delaware Avenue, west side 2 Hour Parking North Johnson Park between Trinity Place 9:00 am to 5:00 pm PERIOD OF PERMISSIVE PARKING - DAILY and W. Tupper Street Monday – Friday 2 Hour Parking (excluding existing No Parking 7:00 am to 7:00 pm and No Standing areas) Except Sunday Rate of Metered Parking This action is being taken in conjunction with the Downtown Rate B Buffalo Parking Infrastructure Task Force study to provide $.50 per hour more user-friendly on-street parking in Downtown Buffalo. 2 Hour Maximum This action is being taken in conjunction with the Downtown NOTIFICATION SERIAL # 9629 Buffalo Parking Infrastructure Task Force study to provide INSTALL METERED PARKING more user-friendly on-street parking in Downtown Buffalo. ON DELAWARE AVENUE, WEST SIDE BETWEEN TRACY STREET NOTIFICATION SERIAL # 9626 AND NORTH JOHNSON PARK PERMISSIVE PARKING – REPEAL (EXCLUDING EXISTING NO PARKING ON DELAWARE AVENUE, WEST SIDE AND NO STANDING AREAS) BETWEEN W. TUPPER STREET PERMISSIVE PARKING - INSTALL AND TRACY STREET In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby In conformity with Section 49 of Chapter 479 of the notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo, the City Engineer hereby amending, or repealing existing provisions of Chapter 479 of notifies Your Honorable Body of this action supplementing, the Ordinances, as stated below, to be effective forty five amending, or repealing existing provisions of Chapter 479 of days after the first Council meeting at which they appear on the Ordinances, as stated below, to be effective forty five the agenda as an item business. days after the first Council meeting at which they appear on That part of Subdivision 29 Section 15 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo be supplemented by adding That part of Subdivision 25 Section 15 of Chapter 479 of thereto the following: METERED PARKING Ordinances of the City of Buffalo be supplemented by Metered Parking Locations Period of Metered Parking repealing therefrom the following: PERMISSIVE PARKING Delaware Avenue, west side 2 Hour Parking PERMISSIVE PARKING LOC. PERIOD OF PERM. between Tracy Street 8:00 am to 5:00 pm PARKING - DAILY and North Johnson Park Monday – Friday Delaware Avenue, west side 2 Hour Parking (excluding existing No Parking between W. Tupper Street 7:00 am to 7:00 pm and No Standing areas) and Tracy Street Except Sunday Rate of Meter Parking This action is being taken in conjunction with the Downtown Rate B Buffalo Parking Infrastructure Task Force study to provide $.50 per hour more user-friendly on-street parking in Downtown Buffalo. 2 hour maximum This action is being taken in conjunction with the Downtown NOTIFICATION SERIAL # 9627 Buffalo Parking Infrastructure Task Force study to provide INSTALL METERED PARKING more user-friendly on-street parking in Downtown Buffalo. ON DELAWARE AVENUE, WEST SIDE BETWEEN W. TUPPER STREET NOTIFICATION SERIAL # 9630 AND TRACY STREET PERMISSIVE PARKING - REPEAL (EXCLUDING EXISTING NO PARKING ON DELAWARE AVENUE, WEST SIDE AND NO STANDING AREAS) BETWEEN NORTH JOHNSON PARK AND PERMISSIVE PARKING - INSTALL SOUTH JOHNSON PARK In conformity with Section 49 of Chapter 479 of the PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo, the City Engineer hereby In conformity with Section 49 of Chapter 479 of the notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo, the City Engineer hereby amending, or repealing existing provisions of Chapter 479 of notifies Your Honorable Body of this action supplementing, the Ordinances, as stated below, to be effective forty five amending, or repealing existing provisions of Chapter 479 of days after the first Council meeting at which they appear on the Ordinances, as stated below, to be effective forty five the agenda as an item business. days after the first Council meeting at which they appear on That part of Subdivision 29 Section 15 of Chapter 479 of the agenda as an item business. Ordinances of the City of Buffalo be supplemented by adding That part of Subdivision 25 Section 15 of Chapter 479 of thereto the following: METERED PARKING Ordinances of the City of Buffalo be supplemented by Metered Parking Locations repealing therefrom the following: PERMISSIVE PARKING Delaware Avenue, west side PERMISSIVE PARKING LOC. PERIOD OF PERM. PRKG between W. Tupper Street and - DAILY Tracy Street (excluding existing Delaware Avenue, west side 2 Hour Parking No Parking and No Standing areas) between North Johnson Park 7:00 a.m. to 7:00 p.m. Period of Metered Parking and South Johnson Park Except Sunday 2 Hour Parking This action is being taken in conjunction with the Downtown 8:00 am to 5:00 pm Buffalo Parking Infrastructure Task Force study to provide Monday - Friday more user-friendly on-street parking in Downtown Buffalo. Rate of Metered Parking Rate B NOTIFICATION SERIAL # 9631 $0.50 per hour INSTALL METERED PARKING 2 hour maximum ON DELAWARE AVENUE, WEST SIDE BETWEEN NORTH JOHNSON PARK AND SOUTH JOHNSON PARK In conformity with Section 49 of Chapter 479 of the (EXCLUDING EXISTING NO PARKING Ordinances of the City of Buffalo, the City Engineer hereby AND NO STANDING AREAS) notifies Your Honorable Body of this action supplementing, PERMISSIVE PARKING - INSTALL amending, or repealing existing provisions of Chapter 479 of In conformity with Section 49 of Chapter 479 of the the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo, the City Engineer hereby days after the first Council meeting at which they appear on notifies Your Honorable Body of this action supplementing, the agenda as an item business. amending, or repealing existing provisions of Chapter 479 of That part of Subdivision 25 Section 15 of Chapter 479 of the Ordinances, as stated below, to be effective forty five Ordinances of the City of Buffalo be supplemented by days after the first Council meeting at which they appear on repealing therefrom the following: PERMISSIVE PARKING the agenda as an item business. PERMISSIVE PARKING LOC. PERIOD OF PERM. That part of Subdivision 29 Section 15 of Chapter 479 of PARKING - DAILY Ordinances of the City of Buffalo be supplemented by adding Delaware Avenue, west side 2 Hour Parking thereto the following: METERED PARKING between W. Chippewa Street 7:00 a.m. to 7:00 p.m. Metered Parking Locations Period of Metered Parking and Cary Street Except Sunday Delaware Avenue, west side 2 Hour Parking This action is being taken in conjunction with the Downtown between North Johnson Park 8:00 am to 5:00 pm Buffalo Parking Infrastructure Task Force study to provide and South Johnson Park Monday – Friday more user-friendly on-street parking in Downtown Buffalo. (excluding existing No Parking and No Standing areas) NOTIFICATION SERIAL # 9635 Rate of Metered Parking INSTALL METERED PARKING Rate B ON DELAWARE AVENUE, WEST SIDE $0.50 per hour BETWEEN W. CHIPPEWA STREET 2 hour maximum AND CARY STREET This action is being taken in conjunction with the Downtown (EXCLUDING EXISTING NO PARKING Buffalo Parking Infrastructure Task Force study to provide AND NO STANDING AREAS) more user-friendly on-street parking in Downtown Buffalo. PERMISSIVE PARKING - INSTALL #1 (Rev. 1/93) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATION SERIAL # 9632 notifies Your Honorable Body of this action supplementing, PERMISSIVE PARKING - REPEAL amending, or repealing existing provisions of Chapter 479 of ON DELAWARE AVENUE, WEST SIDE the Ordinances, as stated below, to be effective forty five BETWEEN SOUTH JOHNSON PARK days after the first Council meeting at which they appear on AND W. CHIPPEWA STREET the agenda as an item business. PERMISSIVE PARKING - REPEAL That part of Subdivision 29 Section 15 of Chapter 479 of In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding Ordinances of the City of Buffalo, the City Engineer hereby thereto the following: METERED PARKING notifies Your Honorable Body of this action supplementing, Metered Parking Locations Per. of Metered Pkg Rate- amending, or repealing existing provisions of Chapter 479 of Metered Parking the Ordinances, as stated below, to be effective forty five Delaware Avenue, west side 2 Hour Parking Rate C days after the first Council meeting at which they appear on between W. Chippewa Street 8:00 am to 5:00 pm $ 1.00 the agenda as an item business. per hour That part of Subdivision 25 Section 15 of Chapter 479 of and Cary Street Monday – Friday 2 hour Ordinances of the City of Buffalo be supplemented by maximum repealing therefrom the following: PERMISSIVE PARKING (excluding existing No Parking PERMISSIVE PKG LOC. PER. OF PERMISSIVE and No Standing areas) PARKING - DAILY This action is being taken in conjunction with the Downtown Delaware Avenue, west side 2 Hour Parking Buffalo Parking Infrastructure Task Force study to provide between South Johnson Park 7:00 a.m. to 7:00 p.m. more user-friendly on-street parking in Downtown Buffalo. and W. Chippewa Street Except Sunday This action is being taken in conjunction with the Downtown NOTIFICATION SERIAL # 9636 Buffalo Parking Infrastructure Task Force study to provide PERMISSIVE PARKING - REPEAL more user-friendly on-street parking in Downtown Buffalo. ON DELAWARE AVENUE, WEST SIDE BETWEEN CARY STREET NOTIFICATION SERIAL # 9633 AND W. HURON STREET INSTALL METERED PARKING PERMISSIVE PARKING - REPEAL ON DELAWARE AVENUE, WEST SIDE In conformity with Section 49 of Chapter 479 of the BETWEEN SOUTH JOHNSON PARK Ordinances of the City of Buffalo, the City Engineer hereby AND W. CHIPPEWA STREET notifies Your Honorable Body of this action supplementing, (EXCLUDING EXISTING NO PARKING amending, or repealing existing provisions of Chapter 479 of AND NO STANDING AREAS) the Ordinances, as stated below, to be effective forty five PERMISSIVE PARKING - INSTALL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That part of Subdivision 25 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by amending, or repealing existing provisions of Chapter 479 of repealing therefrom the following: PERMISSIVE PARKING the Ordinances, as stated below, to be effective forty five PER. PRKG LOC. PER. OF PERMISSIVE days after the first Council meeting at which they appear on PARKING - DAILY the agenda as an item business. Delaware Avenue, 2 Hour Parking That part of Subdivision 29 Section 15 of Chapter 479 of west side between Cary 7:00 am to 7:00 pm Ordinances of the City of Buffalo be supplemented by adding Street and W. Huron Street Except Sunday thereto the following: METERED PARKING This action is being taken in conjunction with the Downtown Metered Parking Loc. Period of Metered Parking Buffalo Parking Infrastructure Task Force study to provide Delaware Avenue, west side 2 Hour Parking more user-friendly on-street parking in Downtown Buffalo. between South Johnson Park 8:00 am to 5:00 pm and W. Chippewa Street Monday – Friday NOTIFICATION SERIAL # 9637 (excluding existing No Parking INSTALL NO STANDING ON DELAWARE and No Standing areas) AVENUE, WEST SIDE BETWEEN CARY Rate of Metered Parking STREET AND W. HURON STREET Rate C NO STANDING - INSTALL $1.00 Per Hour In conformity with Section 49 of Chapter 479 of the 2 Hour Maximum Ordinances of the City of Buffalo, the City Engineer hereby This action is being taken in conjunction with the Downtown notifies Your Honorable Body of this action supplementing, Buffalo Parking Infrastructure Task Force study to provide amending, or repealing existing provisions of Chapter 479 of more user-friendly on-street parking in Downtown Buffalo. the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on NOTIFICATION SERIAL # 9634 the agenda as an item business. PERMISSIVE PARKING - REPEAL ON That part of Subdivision 22 Section 15 of Chapter 479 of DELAWARE AVENUE, WEST SIDE Ordinances of the City of Buffalo be supplemented by adding BETWEEN W. CHIPPEWA STREET thereto the following: NO STANDING AND CARY STREET PROH. PORTION OF HIGHWAY PROHIBITED PERMISSIVE PARKING - REPEAL PERIOD Delaware Avenue, west side between Cary Street and W. Huron St. At all times. notifies Your Honorable Body of this action supplementing, This action is being taken in conjunction with the Downtown amending, or repealing existing provisions of Chapter 479 of Buffalo Parking Infrastructure Task Force study to provide the Ordinances, as stated below, to be effective forty five more user-friendly on-street parking in Downtown Buffalo. days after the first Council meeting at which they appear on the agenda as an item business. NOTIFICATION SERIAL # 9638 That part of Subdivision 29 Section 15 of Chapter 479 of PERMISSIVE PARKING - REPEAL Ordinances of the City of Buffalo be supplemented by adding ON DELAWARE AVENUE, WEST SIDE thereto the following: METERED PARKING BETWEEN W. HURON STREET Metered Parking Locations AND W. MOHAWK STREET Delaware Avenue, west side between W. Mohawk Street PERMISSIVE PARKING - REPEAL and Niagara Square (excluding existing No Parking and No In conformity with Section 49 of Chapter 479 of the Standing areas) Ordinances of the City of Buffalo, the City Engineer hereby Period of Metered Parking notifies Your Honorable Body of this action supplementing, 2 Hour Parking amending, or repealing existing provisions of Chapter 479 of 8: 00 am to 5:00 pin the Ordinances, as stated below, to be effective forty five Monday - Friday days after the first Council meeting at which they appear on Rate of Metered Parking the agenda as an item business. Rate C That part of Subdivision 25 Section 15 of Chapter 479 of $ 1.00 per hour Ordinances of the City of Buffalo be supplemented by 2 hour maximum repealing therefrom the following: PERMISSIVE PARKING This action is being taken in conjunction with the Downtown PERM. PARKING LOC. PERIOD OF PER. PARKING - Buffalo Parking Infrastructure Task Force study to provide DAILY more user friendly on-street parking in Downtown Buffalo. Delaware Avenue, west side 2 Hour Parking between W. Huron Street and 7:00 am to 7:00 pm Notification Serial # 9642 W. Mohawk Street Except Sunday Permissive Parking - Repeal This action is being taken in conjunction with the Downtown on Delaware Avenue, west side Buffalo Parking Infrastructure Task Force study to provide between Niagara Square more user-friendly on-street parking in Downtown Buffalo. and W. Eagle Street PERMISSIVE PARKING - REPEAL NOTIFICATION SERIAL # 9639 In conformity with Section 49 of Chapter 479 of the INSTALL NO STANDING Ordinances of the City of Buffalo, the City Engineer hereby ON DELAWARE AVENUE, WEST SIDE notifies Your Honorable Body of this action supplementing, BETWEEN W. HURON STREET amending, or repealing existing provisions of Chapter 479 of AND W. MOHAWK STREET the Ordinances, as stated below, to be effective forty five NO STANDING - INSTALL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That part of Subdivision 25 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by amending, or repealing existing provisions of Chapter 479 of repealing therefrom the following: PERMISSIVE PARKING the Ordinances, as stated below, to be effective forty five PERMISSIVE PARKING LOCATION days after the first Council meeting at which they appear on Delaware Avenue, west side between Niagara Square and the agenda as an item business. W. Eagle Street That part of Subdivision 22 Section 15 of Chapter 479 of PERIOD OF PERMISSIVE PARKING - DAILY Ordinances of the City of Buffalo be supplemented by adding 2 Hour Parking thereto the following: NO STANDING 7:00 am to 7:00 pm PROHIBITED PORTION OF HIGHWAY Except Sunday Delaware Avenue, west side This action is being taken in conjunction with the Downtown between W. Huron Street Buffalo Parking Infrastructure Task Force study to provide and W. Mohawk Street more user friendly on-street parking in Downtown Buffalo. PROHIBITED PERIOD At all times. Notification Serial # 9643 This action is being taken in conjunction with the Downtown Install Metered Parking Buffalo Parking Infrastructure Task Force study to provide on Delaware Avenue, west side more user friendly on-street parking in Downtown Buffalo. between Niagara Square and W. Eagle Street Notification Serial # 9640 (excluding existing No Parking Permissive Parking - Repeal and No Standing areas) on Delaware Avenue, west side PERMISSIVE PARKING - INSTALL between W. Mohawk Street In conformity with Section 49 of Chapter 479 of the and Niagara Square Ordinances of the City of Buffalo, the City Engineer hereby PERMISSIVE PARKING - REPEAL notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby the Ordinances, as stated below, to be effective forty five notifies Your Honorable Body of this action supplementing, days after the first Council meeting at which they appear on amending, or repealing existing provisions of Chapter 479 of the agenda as an item business. the Ordinances, as stated below, to be effective forty five That part of Subdivision 29 Section 15 of Chapter 479 of days after the first Council meeting at which they appear on Ordinances of the City of Buffalo be supplemented by adding the agenda as an item business.' thereto the following: METERED PARKING That part of Subdivision 25 Section 15 of Chapter 479 of Metered Parking Locations Ordinances of the City of Buffalo be supplemented by Delaware Avenue, west side repealing therefrom the following: PERMISSIVE PARKING between Niagara Square PERMISSIVE PARKING LOCATION and W. Eagle Street Delaware Avenue, west side between W. Mohawk Street (excluding existing No Parking and Niagara Square and No Standing areas) PERIOD OF PERMISSIVE PARKING - DAILY Period of Metered Parking 2 Hour Parking 2 Hour Parking 7:00 am to 7:00 pm 8:00 am to 5:00 pm Except Sunday Monday - Friday This action is being taken in conjunction with the Downtown Rate of Metered Parking Buffalo Parking Infrastructure Task Force study to provide Rate C more user friendly on-street parking in Downtown Buffalo. $1.00 per hour 2 hour maximum Notification Serial # 9641 This action is being taken in conjunction with the Downtown Install Metered Parking on Buffalo Parking Infrastructure Task Force study to provide Delaware Avenue, west side more user friendly between W. Mohawk Street 9608-9643 RECEIVED AND FILED , 9603-9607 and Niagara Square REFERRED TO THE COMMITTEE ON LEGISLATION (excluding existing No Parking and No Standing areas) NO. 11 PERMISSIVE PARKING - INSTALL AMEND WATERMAIN BETTERMENT OVER ROUTE 198 In conformity with Section 49 of Chapter 479 of the RESOLUTION BIN #1039910, PIN #5470.19 Ordinances of the City of Buffalo, the City Engineer hereby #2 7 OF 11 /26/02 Your Honorable Body previously approved a resolution I hereby submit to Your Honorable Body the following (copy attached) which allowed the Commissioner of Public changes for the Small Animal Works, Parks & Streets to enter into all necessary Shelter, Kennel Upgrades, Miller Enterprises, C #92010749. agreements and pay the City's share of costs for the subject 1 . Repair damaged walls and install ceramic tile to a project. height of 4' in the kitchen area. Add $ 2,013.00 The City's share of costs was estimated at $225,000. 2. Alter existing opening to the office and install a new door, However, the project has since been bid by NYSDOT and frame and hardware to match the other existing door. Add $ the actual share of cost is $281,843.61. In order to allow for 2,037.00 construction contingencies I hereby request that Your 3. Replace heat exchangers and economizers on 2 rooftop Honorable Body amend the original resolution and authorize units; balance the ductwork. Add $ 9,698-00 a City share of cost for this project not to exceed $300,000. The foregoing change results in a net increase in the Mrs. LoTempio moved contract of Thirteen Thousand Seven Hundred Forty Eight That the above communication from the Commissioner of and 00/100 Dollars ($13,748.00). Public Works, Parks and Streets dated May 8, 2003 be Summary: Current Contract Amount $75,340.00 received and filed; and Amount of This Change Order (#2) Add $13,748.00 That the original resolution as approved in Item No. 27, Revised Contract Amount $89,088.00 C.C.P., November 26, 2002 is hereby amended to provide a Costs have been reviewed by the Department of Public City share of cost for Watermain Betterment over Route 198, Works, Parks & Streets and were found to be fair and BIN # 1039910, PIN #5470.19 not to exceed $3 00,000. equitable. Funds for this work are available in CPF PASSED 36322206 445100 - Division of Buildings. AYES - 13 NOES - 0 I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a NO. 12 change order to the contractor as set forth above. APOLLO MEDIA CENTER - WORKSITE AGREEMENT Mrs. LoTempio moved: Permission is requested from Your Honorable Body to That the above communication from the Commissioner of enter into a worksite agreement with the Workforce Public Works, Parks and Streets dated April 30, 2003, be Corporation of Buffalo and Erie County for use of the Apollo received and filed; and Media Center. The program would allow Buffalo Summer That the Commissioner of Public Works, Parks and Streets Youth Employment participants to use the facilities at the be, and he hereby is authorized to issue change order No. 2, Apollo between July 1 and September 1, 2003. Supervision to Miller Enterprises, an increase in the amount of S and training of the program participants would be provided 13,748.00, as more fully described in the above by WCBE. communication, for work relating to the Small Animal A proposed draft agreement is attached. Shelter, Kennel Upgrades, C #92010749. Funds for this REFERRED TO THE COMMITTEE ON FINANCE AND THE project are available in CPF 3 6322206 445 100 - Division of CORPORATION COUNSEL Buildings. PASSED AYES - 13 NOES - 0 NO. 13 REPORT OF BIDS NORTH JEFFERSON LIBRARY No. 15 CONSTRUCTION Permission to Acquire I advertised for on March 12, 2003 and received the 1176 South Park Ave. following sealed formal bids for the North Jefferson Library South Park Lift Bridge Rehab Construction, which were publicly opened and read on April PIN #5755.72 16, 2003. In conjunction with the South Park Lift Bridge Attached bids could not be scanned and are available for Rehabilitation the City is asking to acquire an approximate review in the City Clerk’s Office. 1.5 acres of land at 1176 South Park Ave. (map and description attached). The City currently holds a permanent Alternate GC-I: Substitute insulated structural skylight easement for the parcel for the operation/maintenance of the system for specified glass skylight system. Lift Bridge, LVT ice breakers storage/access and parking for Alternate GC-2: Provide library security system theft City employees. detectors in Lobby 112, including all The parcel is currently owned by the Buffalo Economic underground electrical power supply Renaissance Corporation (BERC) and our department and outlets for full operation. requested ownership of the parcel as necessary to comply Alternate GC-3: Delete all upper clerestory windows with FHWA regulations and funding requirements. shown on Plan A-3, Elevations A-8, It is therefore requested that Your Honorably Body authorize Building Sections A-9, and Wall the acquisition of 1176 South Park Ave. from BERC for the Sections on A- 12. Add masonry in sum of $1.00 (one dollar) to facilitate the South Park Lift their place. Bridge Rehab project. Alternate GC-4: Provide projection screens in Rooms 107 Mrs. LoTempio Moved: and 113. That the above communication from the Commissioner of Alternate GC-5: Delete fixed auditorium seating as per Public Works, Parks and Streets dated May 8, 2003, be Section 12650 and Drawing A-2. The received and filed; and number of seats delete( is 150. That the Buffalo Economic Renaissance Corporation owned Alternate GC-6: Delete stage curtain in Auditorium 104 as property commonly known as 1176 South Park Avenue be per Section 125 10. transferred to the Commissioner of Public Works, Parks and Mrs. LoTempio moved: Streets, to facilitate the South Park Lift Bridge Rehabilitation That the above communication from the Commissioner of project, for the amount of One Dollar ($1.00) and no more; Public Works, Parks and Streets dated May 2, 2003, be and received and filed; and That the attorney for the Buffalo Economic Renaissance That the Commissioner of Public Works, Parks and Streets, Corporation be authorized to prepare the necessary be, and he hereby is authorized to award contracts to the documents for the transfer of title and that the Mayor be lowest responsible bidders for the North Jefferson Library authorized to execute the same. Construction, for General Construction to Patrick Passed Development, in the Base Bid amount of $2,983,300, for AYES - 13 - NOES - 0 HVAC Work to J. Horace Seager & Sons, in the Base Bid of $567,000, for Electrical Work to Tunney Electric, with a Base No. 16 Bid of $498,900, for Plumbing & Fire Protection Work to Permission to Enter into Agreement/ W.C. Roberson, with a Base Bid of $183,900 for a total bid with New York State Thruway Authority price of $4,233,100.00. Funds for the project are available in Scajaquada Pathway Phase III the Division of Buildings Capital Account. P. I. N. 5805.18 PASSED Permission is requested from Your Honorable Body to AYES – COPPOLA, DAVIS, FISHER, FONTANA, authorize the City of Buffalo to enter into all necessary FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, agreements with the New York State Thruway Authority MARTINO, PITTS, THOMPSON - 12 NOES –BONIFACIO – (NYSTA) to facilitate construction of phase III Scajaquada 1 Pathway from Niagara St. / Forest Ave. to CN Rail Bridge Riverwalk. Approval is necessary due to portions of the NO. 14 Scajaquada Pathway being constructed on NYSTA CHANGE IN CONTRACT right-of-way. This $1.25 million dollar project is scheduled for SMALL ANIMAL SHELTER bidding in the summer 2003. KENNEL UPGRADES Mrs. LoTempio Moved: JOB 02-105 That the above communication from the Commissioner of COUNCIL Public Works, Parks and Streets dated May 8, 2003 be received and filed; and That the Commissioner of Public Works, Parks and Streets I have instructed the commanders of both E District and be, and he hereby is authorized to enter into all necessary the Traffic Division to monitor this area for any traffic agreements with the New York State Thruway to facilitate violations and issue citations where appropriate. construction of Phase III Scajaquada Pathway from Niagara REFERRED TO THE COMMITTEE ON LEGISLATION Street/Forest Avenue to CN Rail Bridge/Riverwalk. Passed. No. 23 AYES - 13 - NOES – 0 [" Mr. Coppola and Mr. Bonifacio -Women and Children's Hospital Helipad"] No. 17 [Item #206, C.C.P. April 16,2003:] B. Sanders-Concems-Bidwell Park In response to the above resolution, please be advised Item No. 59, C.C.P. 04/15/03 that I have reviewed the application for a privately owned Bidwell Parkway is officially part of the Buffalo Park heliport and have determined that it complies with System and as such, any group or organization seeking to appropriate public safety requirements. demonstrate at the location must apply for and receive a REFERRED TO THE COMMITTEE ON LEGISLATION permit from the Division of Parks. However, it has become more common for such groups to bypass Park policy and FROM THE COMMISSIONER OF FIRE demonstrate without obtaining a permit. This practice is in direct violation of Park policy. No. 24 During calendar year 2003, we have not received any Request 974 Fillmore request for a demonstration at Bidwell Park. As Perm. Training Structure REFERRED TO THE COMMITTEE ON LEGISLATION The Buffalo Fire Department is interested in acquiring 974 Fillmore Ave. as a permanent training structure. This vacant, No. 18 2-1/2 story frame residence is about ten doors from our SEQR Declaration - Buffalo Zoo Training Bureau Annex at Engine 18's old quarters. There River Otter and Sea Lion Exhibit are vacant lots to either side, and to the rear. It appears to This item is to inform Your Honorable Body that a SEQR be in excellent shape structurally, and it would afford us Declaration with a finding of "No Significant Impact" has opportunities to do superb and realistic training evolutions. been determined for the proposed River Otter and Sea Lion The City of Buffalo already owns this building. Exhibit at the Buffalo Zoo. As a result of this finding, no Ideally the BFD will build our own mask confidence course Environmental Impact Statement (EIS) will be required to inside this structure. A facility of this sort would allow us to advance this project. do firefighter survival classes, search and rescue classes, A Full Environmental Assessment Form has been prepared classes in initial fire attack -and more -- right in the center of and is on file in the Division of Buildings office. A copy of the the city. Currently we do our mask confidence training at the Negative Declaration is attached for your information. Erie County facility in Cheektowaga, and this always RECEIVED AND FILED presents us with worries regarding response times if we need to scramble our companies to an incident. No. 19 We are also interested in using this structure to help us in 621-623 Main Street developing a course in "mayday" operations. Dr. Burt Clark Sidewalk Café of the National Fire Academy has written several compelling (Item No. 153. C.C.P. 04/30/96) pieces on the need to train our firefighters in when to call a The Common Council approved a sidewalk cafe for the mayday. Buffalo is a logical site for such course restaurant located at 621-623 Main Street on April 30. 1996 development work. After all, we've had fourteen line of duty (C.C.P. # 153). The restaurant, formerly known as the deaths since 1980! We could build a fire scene simulator that Breckenridge Brewery. is now owned by Mr. Steve would allow us to have firefighters (safely) fall through holes, Calvaneso and called YaYa Bayou Brewhouse and Grill. Mr. become entangled in wires, become lost, and have Calvencso has requested permission to install a similar cafe. "emergencies" involving SCBA malfunctions. We could The Department of Public Works. Parks & Streets has no marry these evolutions to our current FAST and firefighter objection to your Honorable Body authorizing the survival classes and wind up with an excellent annual class Commissioner to issue a "mere license" to encroach City for our members. right of way provided all conditions in the above mentioned To partially fund the work we'd like to do, we will seek grants approval are met. from outside sources. Mrs. LoTempio Moved: Thank you for considering this request. That the above communication from the Department of REFERRED TO THE COMMITTEE ON FINANCE AND THE Public Works, Parks and Streets dated May 6, 2003, be DIRECTOR OF REAL ESTATE received and filed; and That the Commissioner of Public Works, Parks and Streets No. 25 be, and he hereby is authorized to issue a "mere license" to Common Council Resolution #206 Steve Calvaneso, owner of Ya-Ya Bayou Brewhouse and Women and Children’s Hospital Helipad Grill located at 621-623 Main Street, to install a cafe, which I have reviewed Common Council Resolution #206, would encroach city right-of-way at said address, subject to Women And Children's Hospital Helipad Note the following the conditions as listed in Item No. 153, C.C.P., April Fire Department requirements: 30,1996. All proposed sites must be in compliance with NFPA 418 Passed. Standard for Heliports. The standard addresses firefighting AYES - 13 - NOES – 0 access, construction materials, a foam fire extinguishing system, egress and fire alarm requirements. No. 20 All four (4) proposed sties in the resolution should he able to E. Taylor - Use of Masten Playground meet these requirements Summer 2003 REFERRED TO THE COMMITTEE ON LEGISLATION Item #52, C.C.P. 04/29/03 This item was referred to this department for comment. FROM TFIE CORPORATION COUNSEL We will assist Ms. Taylor in anyway possible to see to it that her programs are able to run from the Masten Playground. NO. 26 We worked well with Ms. Taylor last year, and plan to City of Buffalo v. Isaac Sanders continue through this year. On July 28, 2001, a police vehicle operated by Police REFERRED TO THE COMMITTEE ON FINANCE Captain Patrick McLeod was struck by a vehicle owned and operated by Isaac L. Sanders. Mr. Sanders went through a FROM THE COMMISSIONTR OF POLICE red light coming off the Route 33 ramp onto Jefferson Avenue. Mr. Sanders was charged with driving while NO. 21 intoxicated. Captain McLeod suffered severe injuries to his C. Fisher - P. Harris - Req. Assit. Not to Autho. Opera. back and neck. Captain McLeod has been out of work since Lic. - Saad Mkt.-Wakefield/Holden" the accident. Captain McLeod filed a lawsuit against Mr. [Item #55, C.C.P. April 29,2003:] Sanders for his personal injuries. The City of Buffalo has a In response to the aforementioned item, It would be in the claim for reimbursement against Mr. Sanders for best interest of the community and the Police Department if approximately $19,700.00 in medical bills and $112,500.00 this premise remains closed. in wages paid to Captain McLeod pursuant to Section 207-c REFERRED TO THE COMMITTEE ON LEGISLATION of the General Municipal Law since he was disabled in the line of duty. Mr. Sanders has only a $25,000 liability policy to No. 22 cover Captain McLeod and the City's claims. [" B. Grant-M. The purpose of this communication is to advise you that the Milligan-Concems-Traffic-Winspear-Northrup"] City of Buffalo has settled the City's claim against the [Item #58, C.C.P. April 29,2003:] $25,000.00 policy for the sum of $4,500.00. Captain McLeod and his attorney will split the balance of the policy. The insurance company has additionally reimbursed the City of Buffalo in full for its property damage on its vehicle in the filed. Once approvals are received from your Honorable amount of $5,614.56. Body and from the Department of Strategic Planning, RECEIVED AND FILED building plans will be accepted, and reviewed. If we can be of any further assistance please feel free to contact my No. 27 office. It is my sincere hope that this response satisfies your Settlement City of Buffalo vs. inquiry. Steven Day REFERRED TO THE COMMITTEE ON LEGISLATION On February 5, 2000, Buffalo Police Lieutenant Jose Rodriguez was operating his vehicle on Fillmore Avenue NO. 31 when he was flagged down by an off-duty police officer. Lt. Used Car Dealer Rodriguez stopped the police vehicle, turned on the 700 Military Road emergency fights and exited his vehicle. A vehicle coming in Pursuant to Chapter 254 of the City of Buffalo Ordinances, the opposite direction at a high rate of speed crossed the please be advised that I have examined the attached double yellow line markings and struck Lt. Rodriguez. That application for a Used Car Dealer License located at 700 vehicle was owned and operated by Steven Day. Mr. Day Military Road and find that as to form is correct. I have cause fled the scene. Lt. Rodriguez radioed in a partial description an investigation into the premises for which said application and Mr. Day was subsequently arrested. Mr. Day had a for a used car dealer license is being sought and according t blood alcohol level of . 19% and was charged with DWI, as the attached reports from the Zoning Office, Fire Department well as other charges. and Building Inspections, I find it complies with a regulations Lt. Rodriguez suffered severe injuries to his neck, back, legs and other applicable laws. I have caused an investigation by and abdomen. He filed a lawsuit against Mr. Day. Mr. Day the Police Department into the moral character of Roland had only a $25,000 insurance policy. The City of Buffalo also Andrew. The attached thereto for Roland Andrew d/b/a Hot has a claim for reimbursement of medical bills and wages Spot Auto. This request is submitted for your approval or paid pursuant to Section 207-c of the General Municipal Law whatever action you deem appropriate. in the amount of $50,778.75. Lt. Rodriguez has recently left REFERRED TO THE COMMITTEE ON LEGISLATION the service of the Buffalo Police Department because of his injuries. NO. 32 In light of the fact that there is only a $25,000 policy, and that Used Car Dealer Lt. Rodriguez has a substantial claim against the policy, a 609 Walden compromise was agreed upon. The City of Buffalo will Pursuant to Chapter 254 of the City of Buffalo Ordinances, receive the sum of $4,500, and Lt. Rodriguez and his please be advised that I have examined the attached attorney will split the balance of the insurance proceeds. application for a Used Car Dealer License located at 609 Mrs. LoTempio Moved: Walden and find that as to form is correct. I have caused a That the above communication from the Corporation investigation into the premises for which said application for Counsel dated May 6, 2003, be received and filed; and a used car dealer license is being sought and according t the That the Corporation Counsel be, and he hereby is attached reports from the Zoning Office, Fire Department authorized to compromise the City's claim in the amount of and Building Inspections, I find it complies with a regulations $4,500.00, payable to the City of Buffalo for settlement of and other applicable laws. I have caused an investigation by City of Buffalo v. Steven Day. the Police Department into the moral character of Anthony Passed. LaBoy. The attached thereto for Anthony LaBoy d/b/a Excel AYES - 13 - NOES - 0 Motors. This request is submitted for YOL approval or whatever action you deem appropriate. FROM THE COMMISSIONER OF PERMIT & WSPECTION REFERRED TO THE COMMITTEE ON LEGISLATION SERVICES FROM THE COMMISSIONER OF ADMINISTRATION AND No. 28 FINANCE S. Guastaferro, BDDABC. Req. Police Asst. In Enforc. Noise Ordinance NO. 33 Item No. .54 C.C.P. 4/15/2003: B. Grant-P. Searcy-Concerns I am in receipt of the above stated Common 67 Englewood Ave. Council Communication and wish to supply your Honorable Item No. 80 C.C.P. 04/01/03 Body with the following information. We in the Department The Division of Parking Enforcement checks the above of Permit and Inspection Services have enforced the location on a daily basis during all shifts. This division does "Noise Ordinance" in the past The situation that we were not have the manpower to check the area three or four times involved with were industrial/residential in nature. Having during a shift, but it is checked as least once during each received complaints from a manufacturing facility, which shift. When vehicles are found to be illegally parked, they are bordered on a residential neighborhood sound testing, was ticketed. performed. AS a result of that testing, sound proofing was REFERRED TO THE COMMITTEE ON LEGISLATION installed on the offending device and the situation rectified. Complaints from individuals from passing automobiles and NO. 34 persons carrying "Boom Boxes" would be the responsibility Sale of Obsolete Equipment/Vehicles of the Department of Police. It is my sincere hope that this The Department of Administration & Finance, Purchase response satisfies your inquiry. Division is requesting permission from your Honorable Body REFERRED TO THE COMMITTEE ON POLICE to dispose of by means of Auction various obsolete pieces of REORGANIZATION equipment and vehicles that are no longer of use or serviceable. The equipment/vehicles is from various No. 29 departments throughout the City (Police; Public Works; etc Concems-67 Englewood Avenue: ... ). The auctions will be held during the months of June and (Item No. 34, C.C.P. 04/29/2003: July. The dates are to be determined. I am in receipt of the above stated Common Council Mr. LoTempio Moved: Communication and wish to supply your Honorable Body That the above communication from the Commissioner of with the following information. Attached you will find copies Administration & Finance dated May 6, 2003, be received of the information that you have requested regarding 67 and filed; and Englewood. A letter of violation was sent to the owner on That the Commissioner of Administration & Finance, be, and 3/15/03 and tickets were issued on 4/14/03 for trash and he hereby is authorized to dispose of various obsolete debris and parking on the front lawn. The next inspection pieces of equipment and vehicles that are no longer of use was scheduled for 5/12/03/ or serviceable by public auction, to the highest bidders. REFERRED TO THE COMMITTEE ON LEGISLATION Passed. AYES - 12 - NOES - 1 NO. 30 AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, Kaleida Health Car Corporation FRANCZYK, GOLOOMBEK, GRANT, GRAY, LOTEMPIO, Use Permit for a "Helipad" MARTINO, PITTS AND THOMPSON Item No86, C.C.P. 3/18/2003 NOES - FONTANA I am in receipt of the above stated Common Council No. 35 Communication and wish to supply your Honorable Body Treasury Audit with the following information. On March 13,2003, Charles Audit Recommendations Response: Ambrus, agent for Kaleida Health Car Corporation, applied The Statement of Condition has been adjusted to reflect the for a Use Permit for a "Helipad" to be erected on the second additional Trust Fund of $5000-00. Will verify the monthly story of Women's and Children's Hospital. At the time of beginning and ending balances. Have and will continue to application referrals were forwarded to the Department of request audit verification for all teller overages and/or Strategic Planning for "CityWide" Site Review approval, and shortages totaling $50.00 or more. to your Honorable Body for approval of this Use. At the • Procedures have been implemented to reconcile present time no building plans and or site plans have been the on-line credit card payments form customer payment to Sure Pay to Payment Review to Bank In the event of a substitution, the Group will notify the City in Statement. writing and, if such substituted personnel are unsatisfactory • Consideration has been discussed with MIS of a to the City, the Group will agree to continue the work of one day suspension of access to the on-line personnel as identified in the Proposal. If agreement on payment system. personnel is not possible, the Group will agree to terminate • It is not within the realm of the Treasury to close the Agreement upon payment for the level of the project that bank accounts. has been completed, consistent with the Performance • Will follow recommendation of City Auditor to have Milestones attained prior to termination. the Budget Director or the Commissioner of The contact person for the City will be Leonard A. Matarese, Administration and Finance sign the Clearing Commissioner, or any successor to the role designated by account checks. the City. The contact person for the City will be responsible • Policy has been established requiring two for reviewing the work performed under the Scope of employees to verify the correct funds and dollar Services, determining the completion of Performance amount before presenting for signature. Milestones and relaying to the contact person of the Group Additionally,. two different employees will verify any questions or concerns relative to the same. signature and endorsement before funds are VI. FEES deposited in the bank. Treasury is working with M The Group will provide the Scope of Services and Product & T Bank to electronically transfer funds from the under this Agreement for $67,200, all-inclusive. The Group Clearing Account to the City Operating Accounts. will invoice the City upon the completion of Performance RWCEIVED AND FILED Milestones for services rendered based on the work completed consistent with the Schedule of Performance FROM THE COMMISSIONER OF HUMAN RESOURCES Milestones. Payment of each invoice is due within 3 )0 days of the invoice date. The Group may suspend the NO. 36 performance of future services until overdue payments are Agreement between the City of Buffalo and MMA received. Consulting Group, Inc. VII. STANDARD OF PERFORMANCE Attached, please find a copy of the Agreement between the City of Buffalo and NMA Consulting Group, Inc. The Group will perform the Services in a professional and If you have any questions regarding the above, please responsible manner. However, such performance and the contact Commissioner Matarese at 851-4270. Product to be delivered involve matters of judgment and AGREEMENT BETWEEN THE CITY OF BUFFALO, NEW opinion. Therefore, the Group's responsibility and any liability YORK under this Agreement are limited to providing the Scope of AND Services and Product consistent with the Proposal and the MMA CONSULTING GROUP, INC. Performance Milestones. The following Agreement is made and entered into between To the extent that the Scope of Services and Product involve MMA CONSULTING GROUP, INC. (hereafter referred to as recommendations as to a particular company, person, the "GROUP") and the City of Buffalo, New York (hereafter system or product to be chosen by the City, the City shall be referred to as the "CITY"). responsible for the ultimate selection of the company, I. SCOPE OF SERVICES AND PRODUCT person, system or product and the Group shall have no The services will be provided in the manner indicated in the responsibility or liability for the performance of the same, City's Request for Qualifications/Proposals (Management provided that the Group has acted in a professional and and Organization Assessment Fire Department/Emergency responsible manner. Medical Services) ("RFP") and the Group's proposal of VIII. RETENTION OF RECORDS/CONFIDENTIALITY January 23, 2003, which is incorporated as part of this The Group will have no responsibility to retain a copy of Agreement ("Proposal"). Any inconsistency between the materials furnished to the Group by the City or its employees terms of the Proposal and this Agreement shall be resolved and must dispose of the same, as well as all notes and in favor of this Agreement. documents prepared by the Group's employees or II. PERIOD OF PERFORMANCE independent contractors. Performance hereunder will commence within 10 days of the The Group acknowledges that the City will have provided last date at the end of this Agreement and will be completed information of a confidential nature to the Group for use in within a target date of 160 days of commencement, or on the the performance of services. The Group shall take all date of acceptance of the Final Report by the City. reasonable precautions to safeguard the confidential nature Completion of the services within this period depends on of (a) all information relating the services, information being made available to the Group as provided contracts. evaluations, proceedings or assets of the City below, upon prompt responses of employees of the City to which is not generally available to the public and (b) all inquiries by the Group, and timely review by the City of documents, models, data and other tangible items containing materials submitted to the City by the Group. Any delays in or relating to such information ("Confidential Information") providing such information, responses or reviews will and any other precautions with respect thereto which the correspondingly extend the period of performance. City, in its sole discretion, may request. Without limiting the III. Performance Milestones generality of the foregoing, the Group shall not at any time.. A Schedule of Performance Milestones will be established to whether before or after the termination of the Agreement, (a) guide the stepwise completion of the tasks and activities transfer or disclose or otherwise make available any identified in the REP and the Proposal. Within two weeks Confidential Information to any person, (b) use any following the first meeting of the City and the Group, an Confidential Information other that for the precise purpose action plan detailing target dates, report requirements, for which it is disclosed to the Group or (c) reproduce or specificity in the areas of analysis, review and work will be of otherwise copy any Confidential Information other than as sufficient detail that Performance Milestones will be finalized required I performing the Group's duties pursuant to the and incorporated into the Agreement as an amendment, to Agreement. The parties agree that the Final Report and the be finalized pursuant to Article IX of this Agreement. The Executive Summary prepared as part of the scope of Performance Milestones will establish the schedule for services of the Agreement will be public documents and not completion of work and the expectations for payment of each Confidential Information. Performance Milestone. Any failure of the Group to timely IX. AMENDMENT OR TERMINATION complete any Performance Milestone shall give the City the This Agreement, including any document incorporated by right to cancel the Agreement. If the City elects to waive this reference, contains all of the terms and provisions of the right, the Schedule of Performance Milestones will extend agreement between the parties and can be amended only by the period of performance for that particular Milestone, and a written document signed on behalf of both parties. In the correspondingly the period of performance identified in the event either party believes the other party is not fulfilling its Schedule of Performance Milestones for the entire scope of obligations hereunder, it shall notify the contact person of the services. other party in writing specifying such failure. If the other party IV. AVAILABILITY OF INFORMATION does not resolve such failure to the reasonable satisfaction The City agrees to make available promptly upon the of the notifying party within 30 days, the notifying party may Group's request any and all reasonable information, which terminate this Agreement by written notice to the other party. the Group may deem necessary to the progress and Nothing herein shall prevent the Group from suspending the successful conclusion of this engagement. Within 7 calendar performance of services when its invoices have not been days, or sooner, of receipt of a request from the Group, the paid as provided above. Upon termination of this Agreement, City will identify the target date of submittal of information to the City shall pay the Group for all Performance of the Group. All information will be submitted to the Group in Milestones completed prior to such termination. hard copy and in electronic or disc format whenever X. Miscellaneous possible. Whereas the City's principal place of business and the V. PERSONNEL To BE ASSIGNED performance of this Agreement are in Buffalo, New York, The contact person for the Group will be Mark E. Morse. The County of Erie in New York State, this Agreement shall be Group may seek to substitute other personnel identified in governed by and construed in accordance with the laws of the Proposal to perform the services under this Agreement. New York State and Erie County and Erie County shall be the venue for any litigation, special proceeding, or other Appointment Effective: May 14, 2003 in the Department of proceeding as between the parties that may be brought or Public Works, Division of Streets to the Position of Seasonal arise out of, in connection with, or by reason of this Laborer II Agreement. Parks and Streets Seasonal. Non-Competitive at the: Flat The waiver of either party of a breach or violation of any Starting Salary of: $8.15 provisions of this Agreement shall not be construed to be a Ronald J. White 79 Flower Street Buffalo. NY 14214 waiver of any subsequent breach or the same or other Certificate of Appointment provision of this Agreement. Appointment Effective: May 13, 2003 in the Department of Any notice, demand, or communication required, permitted, Public Works. Parks and Streets Division of Streets to the or desired to be given hereunder shall be deemed effectively Position of Seasonal Laborer II Seasonal Non-Competitive at given when personally delivered, faxed or mailed (with a the: FIat dated return receipt or proof of receipt) addressed as Starting Salary of: $8. 15 follows: James Paul 64 Pavonia Street Buffalo, NY 14207 Group: Certificate of Appointment Mark Morse Appointment Effective: May 12. 2003 in the Department of MMA Consulting Group, Inc. Public Works, Parks and Streets Division of Streets to the 41 West Street Position of Seasonal Laborer II Seasonal. Non-Competitive Boston, Massachusetts 02111 at the: Flat City: Starting Salary of: $8.15 Leonard Matarese, Commissioner John Kalwicki 21 Brinton Buffalo, NY 14214 City of Buffalo Frederick T. Mosca 588 Dorrance Avenue Buffalo, NY 14218 Human Resources Department Certificate of Appointment Room 920, City Hall Appointment Effective: May 5,2003 in the Department of Niagara Square Public Works Division of Parks to the Position of Laborer II Buffalo, New York 14201 SEASONAL IX. AUTHORIZATION APPOINTMENT MINIMUM Starting Salary of.$8.15 ph The individuals signing this Agreement warrant that each of Quider Richard 100 Beatrice Avenue Buffalo 14207 them is authorized to sign it on behalf of the party he or she has signed for, and the individual signing on behalf of the Certificate of Appointment City warrants that funds are available for the Group's fees. Appointment Effective: 4/28/03 in the Department of Public RECEIVED AND FILED Works Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Appointment At the: Flat Starting FROM THE BOARD OF EDUCATION Salary of: 8. 15 Cherie Davis 49 Humber Ave- Buffalo, NY 14215 NO. 37 "B. Grant-I. Long-Incident - 4/3/03" No. 41 Open" Appointments - Temporary, Provisional or Permanent Ex. Item no. #52, C.C.P. April 15, 2003 I transmit herewith Appointments in the various departments Item #52, C.C.P. 04/15/03, "B. Grant 1. Long-Incident - made at the Minimum (Temporary, Provisional or 4/3/03". Permanent) and for Appointments at the Maximum (as per The Superintendent and Chief Academic Officer contract requirements) . are aware of this situation and have been working with the REFERRED TO THE COMMITTEE ON CIVIL SERVICE. school and the family. Certificate of Appointment Appointment Effective: April 28, 2003 in the Department of REFERRED TO THE COMMITTEE ON LEGISLATION Community Services Division of Contract Administration to the Position of Attendant TEMPORARY APPOINTMENT FROM THE CITY CLERK FLAT Starting Salary of. $6.00 No. 38 Shardae Johnson 530 Wyoming Buffalo 14215 Liquor License Applications Nicholas Pugliese 882 West Buffalo 14213 Attached hereto are communications from persons Certificate of Appointment applying for liquor licenses from the Erie County Alcohol Appointment Effective: May 5, 2003 in the Department of: Beverage Control Board. Police Address Business Name Division of: Communications to the Position of: Public Safety Owner's Name Dispatcher Permanent Appointment Minimum Starting 51 W. Chippewa St Brink's Salary of: Patrick Kelleher $ 28,164 454 Pearl St 1945 Inc Stella R. Adams 93 Montclair Avenue Buffalo, N.Y. 14215 Beverly Howard Certificate of Appointment RECEIVED AND FILED APPOINTMENT EFFECTIVE: May 5, 2003 IN THE DEPARTMENT OF: Fire DIVISION OF: Administration TO No. 39 THE POSITION OF: Typist Leaves of Absence Without Pay Provisional appointment minimum Starting salary of : I transmit herewith notifications received by me, reporting $23,949 the granting of the leaves of absence without pay, in the Denise Sole 12 Rosemary 14216 various departments as listed: Certificate of Appointment Mayor/Mayor Executive- Michael Dickman Appointment Effective: April 28, 2003 in the Department of Police- Louis Cardona II, David Greenway, Patricia Public Works Parks & Streets Division of Buildings to the Denecke, Position of Electrician Provisional Appointment at the: Fire - James Otwell, Daniel Bossi Minimum Starting Salary of: 28,179 RECEIVED AND FILED. Nicholas R. Pugliese 882 West Avenue Buffalo, NY 14213 Certificate of Appointment No. 40 Appointment Effective: 5/5/03in the Department of Public Notices of Appointments - Seasonal/Flat Works Parks & Streets Division of Engineering to the I transmit herewith certificates received by me, Position of Account Clerk-Typist Provisional Appointment at reporting seasonal and flat salary appointments made in the: Minimum Starting Salary of: $ 25,005 various departments. April A. Tomczak 147 Marine Drive Apt. #7B Buffalo, NY RECEIVED AND FILED. 14202 Certificate of Appointment Certificate of Appointment Appointment Effective: May 5,2003 in the Department of Appointment Effective: April 28, 2003 in the Department of Public Works Division of Recreation to the Position of Public Works Parks & Streets Division of Engineering to the Laborer Position of Senior Engineer Provisional Promotion at the: SEASONAL APPOINTMENT MINIMUM Starting Salary of Minimum Starting Salary of: $45,413 $8.15 p/h Michael Hoffert 55 Coburg Street Buffalo, NY 14216 Brandon Banas 228 Esser Buffalo 14207 Certificate of Appointment David Borne 131 Kail Buffalo 14207 Appointment Effective: May 3, 2003 in the Department of Eric Cichowski 10 Gorski Buffalo 14206 Public Works, Parks & Streets Division of Buildings to the Matthew Messing 396 Cumberland Buffalo 14220 Position of Senior First Class Stationary Engineer Certificate of Appointment Temporary Appointment at the: Flat Appointment Effective: May 15, 2003 in the Department of Starting Salary of: $10.25 Public Works, Parks and Streets Division of Streets to the John A. Loughran 205 Marine Drive, Apt. 7A Buffalo 14202 Position of Seasonal Laborer Seasonal Non-Competitive at the: Flat Starting Salary of: $8.15 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND James LeGrand 48 Glenwood Buffalo, NY 14208 REMONSTRANCES Certificate of Appointment NON-OFFICIAL COMMUNICATIONS proposal as the law does not grant us that authority. Our determination is concerned only with the effect of operations NO. 42 on the safety of existing public buildings or facilities, or on BAILEY AMHERST DIST MGMT ASSN. public highways or waterways, as well as on operations at We respectfully submit this budget for the Bailey other airports in the vicinity, and is based on an investigation Amherst District Management Association for the fiscal year of the site and review of the information contained in the 7/1/03 - 6/10/04. proposal. Sincerely, Thank you for your attention. REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON FINANCE No. 46 NO. 43 Re: 2004 Cultural Funding REQ PROP AT OJIBWA CIRCLE FACING RIVERMIST "I see little of more importance to the future of our This request for your assistance is being sent as a follow up country and of civilization than the full recognition of the to conversations with Councilmember Davis. I am writing to place of the artist ... " John F. Kennedy, Jr. both of you today as you are the two Council representatives The members of the Buffalo's arts and cultural community, for the Waterfront Village. As Admiral's Walk was just their friends, patrons and supporters, urgently request that recently placed in the Fillmore District, we now need you reconsider your decision to eliminate financial support assistance from you, Councilmember Franczyk. for the arts, and at minimum restore the line designated for There is a small triangular piece of land in front of Admiral's cultural grant-in aid to the City's budget to reflect the value of Walk which is owned by the City. It is on Ojibwa Circle and contracts rescinded in 2001: $740,000. faces Rivermist. While we don't see how it would be feasible, What the arts do for the City of Buffalo: at least one plan for development included two townhouses Support approximately 2500 jobs being built on this land. Should anything like that happen, it Give Buffalo the most consistent positive press locally and would affect the property values and marketability of nationally Admiral's Walk. Are true forces for economic development, i.e. cultural Admiral's Walk Condominium is requesting that this land be tourism programs conveyed to it. The owners of Admiral's Walk have 'Deer, Support local business - many theater district businesses maintain ling this land for several years and will continue to would not survive without downtown arts groups, and other do so. area businesses would face severe losses without arts I am enclosing a copy of the building survey with the area organizations as clients or customers highlighted. Generate taxes for the City I will make myself available if you would like to see the area Are critical to efforts designed to attract professionals and we are referring to. Also, you need any further information, I industry to this region will be pleased to provide it. Lastly,, if you would like to Assist educators in meeting the learning standards discuss this matter with our Board of Managers, 1 am sure established by the NYS Dept. of Education we can arrange a meeting at your convenience. It is a well known fact that Buffalo is home to one of the most I can be reached at Admiral’s Walk, 852-19551, my home, recognized and well respected arts communities in the 842-0199, or by cell at 8770~7601 nation, as evidenced by the outstanding press the arts REFERRED TO THE COMMITTEE ON COMMUNITY receive in newspapers and magazines across the country. It DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE is also a fact that the majority of our community's most prized cultural assets are located within the City limits. NO. 44 We are not immune to the woes of Buffalo and its fragile B. ROBINSON financial disposition and the tough decisions that must be As you are well aware we are building new made going forward. But the decision to abdicate a primary townhouses in the 300 to 400 blocks of Swan and South responsibility to support culture altogether is not acceptable. Division Streets. We would like to request from you and your We don't believe it is productive and helpful towards building department to have the parking on South Division Street in a better tomorrow. When last appropriated in 2001, arts the area of this construction to be temporarily moved to the funding represented only .6% of the tax levy, when under other side of the street until the work is done. This temporary the City's code, grant-in-aid could be appropriated up to 3% parking will allow the construction vehicles to enter the area of the tax levy . Cultural funding has never come close to with less difficulty plus oftentimes cars are parked in front of that ceiling. We believe you must and can find a way to the temporary gates, which further hinders the construction reinstate at least a portion of that .6%. crews. Why are we fighting the war, if not to preserve our right We spoke with Principal McCrea of School 6 about this to beauty," Sir Winston problem and he is in agreement that this is a good idea since Churchill on the value and importance of the arts during his teaching staff mainly park in this area and they would World War II prefer that their vehicles be parked further away from the While Erie County strives to stand steady in its support of the construction site. arts community, its eligibility for funding, by law, is different Please respond to this request at your earliest opportunity than the City of Buffalo, and may not have the authority to and hopefully you will have this temporary parking done for invest in certain key programmatic elements vital to many us, neighborhood based initiatives. Thanking you in advance for your response, I remain, Even in these troubled times, the cities that are best REFERRED TO THE COMMITTEE ON LEGISLATION AND weathering the storm, are those cities that have maintained THE COMMISSIONER OF PUBLIC WORKS their pledge to support art and culture, and are taking extraordinary measures to keep that pledge. No. 45 Arts organizations are working diligently to improve our local PROPOSED PRIVATELY OWNED HELIPORT economy through tourism, achieve greater student CHOB HELIPORT performance in our public schools, unify communities to fight CITY OF BUFFALO against the forces of crime and hate, and promote the This office has received the April 16, 2003 request from the character and quality of life in this region. We cannot City of Buffalo common Council asking for a determination contribute to these efforts without City support, and the City's as to whether the heliport proposed by Women and goals for itself cannot be achieved without our help. Children's Hospital is in accordance with Department I have the audacity to believe that people everywhere standards. can have three meals a day for their bodies, education Pursuant to Section 249 of the General Business Law, the and culture for their minds, and dignity, equality and Department has investigated the subject landing area and freedom for their spirits," Dr. Martin Luther King, Jr. finds that: from his Nobel Peace Prize acceptance speech. 1. Operations at the proposed heliport will not The citizens of Buffalo deserve a quality of life that is holistic conflict with or affect the safety of public buildings or facilities and provides choices. That is an inalienable right under the or operations on public highways or waterways. constitution of this great nation. We look to elected 2. The volume, character and direction of traffic at leadership to put into place a standard of living that affords the proposed heliport will be consistent with other airports us access to "life, liberty and the pursuit of happiness," not and heliports. the imposition of fear and denial of resources. We urge you Accordingly, the proposal meets our standards subject to the to examine your process carefully, and find a way to restore following: support for art and culture. 1. The heliport will be maintained as depicted on the "I see little of more importance to the future of our drawings submitted (site plan) with the proposal and on FAA country and of civilization than Form 7480-1. the full recognition of the place of the artist ..." John F. 2. The conditions outlined in the FAA Kennedy, Jr. Airspace Clearance letter dated November 15, 2002 to Mr. The members of the Buffalo's arts and cultural community, Edward McDonnell. their friends, patrons and supporters, urgently request that This determination should not be construed to mean State you reconsider your decision to eliminate financial support approval of the physical development involved in the for the arts, and at minimum restore the line designated for cultural grant-in aid to the City's budget to reflect the value of Wakefield vacant property pick up the garbage, it would be contracts rescinded in 2001: $740,000. nice if all police officers adopted this type of transaction. What the arts do for the City of Buffalo: REFERRED TO THE COMMITTEE ON LEGISLATION Support approximately 2500 jobs Give Buffalo the most consistent positive press locally and nationally Are true NO. 48 forces for economic development, i.e. cultural tourism 1996 CLEAN WATER – CLEAN AIR programs Support local business - many theater district BOND ACT PROJECT BULLETIN businesses would not survive without downtown arts groups, TRINIDAD PARK and other area businesses would face severe losses without NYSDEC ANNOUNCES ENVIRONMENTAL RESTORTION arts organizations as clients or customers Generate taxes for RECORD OF DECISION the City Introduction: Are critical to efforts designed to attract professionals and The New York State Department of Environmental industry to this region Conservation (NYSDEC), in cooperation with the New York Assist educators in meeting the learning standards State Department of Health (NYSDOH) has issued a established by the NYS Dept. of Education Record of Decision for the Trinidad Park "brownfield" site. This plan was developed using funding from the Clean It is a well known fact that Buffalo is home to one of the most Water/Clean Air Bond Act of 1996 passed by the citizens of recognized and well respected arts communities in the New York State. The Bond Act allows for funding of a variety nation, as evidenced by the outstanding press the arts of programs including the "Brownfields" Environmental Restoration Program. This program makes $200 million receive in newspapers and magazines across the country. It available to local governments to investigate and clean up is also a fact that the majority of our community's most municipally owned brownfields. A brownfield is an unused or prized cultural assets are located within the City limits. We under utilized parcel of property which may be contaminated because of its industrial past and is no longer contributing to are not immune to the woes of Buffalo and its fragile the tax base of a Municipality. financial disposition and the tough decisions that must be Background: made going forward. But the decision to abdicate a primary Trinidad Park is a small city-owned park in a mixed-use neighborhood, with an active railroad track along its eastern responsibility to support culture altogether is not acceptable. perimeter, homes to the west and industrial commercial We don't believe it is productive and helpful towards building properties north and south. The park had been occupied by a better tomorrow. When last appropriated in 2001, arts asphalt manufacturing, paving and construction companies funding represented only .6% of the tax levy, when under from the early 1900s until approximately 1970, when the City of Buffalo purchased the property. The asphalt plant was the City's code, grant-in-aid could be appropriated up to 3% demolished and the entire site was covered with soil to of the tax levy. Cultural funding has never come close to that create the park. ceiling. We believe you must and can find a way to restate at In 1992, area residents reported an oily tar seeping to the surface of the park's basketball courts. The City of Buffalo least a portion of that .6%. excavated test pits, the tar was removed but the source of Why are we fighting the war, if not to preserve our right the material was never found. In 1995, another oily tar was to beauty," Sir Winston Churchill on the value and observed seeping to the ground surface near the earth importance of the arts during World War II. mound located north of the park's pool house. NYSDEC While Erie County strives to stand steady in its support of the excavated the seep area, uncovering the remains of four arts community, its eligibility for funding, by law, is different badly corroded underground storage tanks. The tanks and than the City of Buffalo, and may not have the authority to 600 tons of contaminated soil were removed and disposed of invest in certain key programmatic elements vital to many at a permitted landfill. The contamination was identified as neighborhood based initiatives. fuel oil. Even in these troubled times, the cities that are best Investigation: weathering the storm, are those cities that have maintained Concerned that the historic operation of the asphalt plant their pledge to support art and culture, and are taking may have resulted in the accumulation of contaminants on extraordinary measures to keep that pledge. site, and with the reports of the oily tar seeps and buried Arts organizations are working diligently to improve our local tanks in mind, the City of Buffalo completed a detailed economy through tourism, achieve greater student environmental investigation of the park under the performance 14n our public schools, unify communities to Environmental Restoration program. fight against the forces of crime and hate, and promote the character and quality of life in this region. We cannot The investigation found that the park soil contained a group contribute to these efforts without City support, and the City's of chemicals known as polycyclic aromatic hydrocarbons goals for itself cannot be achieved without our help. (PAHs), which are common to asphalt-based materials, coal " I have the audacity to believe that people everywhere can have three meals a day for their bodies, education tar, ash and the byproducts of fossil fuel (coal and gas) and culture for their minds, and dignity, equality and combustion. The concentrations of PAHs found in the freedom for their spirits," Dr. Martin Luther King, Jr. surface soils of the park were however similar to from his Nobel Peace Prize acceptance speech. concentrations found in off-site, background locations. The The citizens of Buffalo deserve a quality of life that is holistic and provides choices. That is an inalienable right under the concentrations of PAHs in the soils beneath the park were constitution of this great nation. We look to elected only slightly higher than background levels. Small, scattered leadership to put into place a standard of living that affords pockets of asphalt were found buried beneath several us access to "life, liberty and the pursuit of happiness," not the imposition of fear and denial of resources. We urge you locations of the park. to examine your process carefully, and find a way to restore The investigation also discovered another tar seep at the support for art and culture. ground surface, south of the park's pool house. Excavation REFERRED TO THE COMMITTEE OF THE WHOLE of the seep uncovered another underground storage tank, partially filled with asphalt tar. The tar, tank and NO. 47 contaminated soils surrounding the tank were removed and REMOVAL OF ICE MACHINE disposed at an off-site landfill. A metal detector survey of the The Wakefield Ave residents would like your assistance to park revealed no evidence of any other buried tanks beneath have the ice machine that is front of the Saad market the park. The findings of the investigation were outlined in a removed. The ice machine was removed before but they Site Investigation/Remedial Alternatives Report (SI/RAR). returned it. They have a hard time understanding the law or Record of Decision: it just don't apply to them. We want the owner of the building The park soils contain hazardous substances, PAHs, but at named Wllie contacted to have it removed. We need to have concentrations similar to background levels. With the this corner and sidewalk cleared for our senior citizens, removal of the last buried tank and the tar that it contained, children and police patrols. Now that the store is closed the the NYSDEC proposed that no further action was required. drug dealers are standing on the corner of Wakefield & In February 2003, the NYSDEC prepared a Proposed Holden, which this past weekend they were blocking traffic. Remedial Action Plan (PRAP), proposing the "No Further We definitely need to have the vacant homes boarded for Action" remedy. A public meeting was held February 25 to they are being used as smoke houses, which we recently solicit comment on the proposal. Fact sheets explaining the had a vacant house caught on fire. Any assistance, you can proposal were also mailed to the community and at the provide would be appreciated. Its like being in heaven with March 26 close of the comment period, no comments had the store being closed and we are praying that it remains been submitted. closed. You can't begin to know how much the residents of NYSDEC has decided to select the No Further Action Wakefield appreciate what you have done for them "you are remedy which will include: a God send". We would like to have the vacant lots cleaned deed restrictions on the property limiting it to recreational up and need to know how to make this happen. The police use only; restrictions prohibiting the use of groundwater officers made the drug dealers sitting on the porch of 99 beneath the site for potable or process water; the requirement that for any future excavations or disturbance of to be addressed in the preparation of the SDEIS. We the park soils, excavated soils returned or backfilled to the encourage you to participate in this meeting. excavation must be covered with a minimum of 12" of clean Enclosed for your review and comment is a copy of the Draft soil; and an annual certification from the City of Buffalo to Scoping Report, intended to summarize the preliminary 1;st NYSDEC that these restrictions remain in place and are still of issues to be included in the SDEIS. Additional copies of effective. the report may be obtained by contacting Florine Luhr at The site investigation left the park's surface disturbed in ESDC at 716-856-8111. Copies will also be available at the some areas. Landscaping will be completed in May 2003 to public meeting. repair these areas. If you cannot attend the Public Scoping Meeting and/or if you Public Involvement and Information: have written comments, please submit your c0mments to, Public understanding and involvement are important to the Florine Luhr Empire State Development Corporation success of New York's Brownfields program. To keep you Western New York Region 420 Main Street, Suite 717 informed the City of Buffalo and NYSDEC have placed site Buffalo, NY 142102. documents for your review in local repositories. The public is To be included in the firal scoping document, please get 145your urged to review the Record of Decision and the Site comments no later than 5 pm May 28, 2003. Investigation/Remedial Alternatives Report at these REFERRED TO THE COMMITTEE ON COMMUNITY document repositories: DEVELOPMENT Buffalo & Erie County Central Library Science and Technology Area NO. 51 Lafayette Square Re: South Elmwood Avenue at Edward Street Buffalo, NY 14203; or I am writing on behalf of the Board of Managers of St. Mary's Kensington Branch Library Square Condominium, which is located at 125 Edward Street 22 Westminster Street at South Elmwood Avenue. The Board President, Tracy Buffalo, NY 14215; or, Diina, has asked me to request your assistance with a by appointment only, recurring problem the Condominium experiences with cars NYSDEC's Buffalo Office veering off the roadway on the South Elmwood side of their 270 Michigan Avenue property. Buffalo, NY 14203 The Condominium property is surrounded by a wrought-iron (716) 851-7220 fence. On the South Elmwood side of the property, the fence If you have any questions regarding this program or would has been struck by cars traveling off South Elmwood Avenue like more information, please contact: no less than times in the last two years. Apparently, the eight cars veer off the roadway along the curve approaching For site remediation information: Edward Street, ascend the curb and strike the fence. I have Mr. David Locey enclosed photographs illustrating the most recent damage NYSDEC caused this winter. 270 Michigan Avenue The Condominium is requesting your intervention to see that Buffalo, New York 14203 this dangerous condition does not continue. The Board of (716) 851-7220; or, Managers believes that installation of a guardrail in this area would remedy the condition. While the Condominium is For site related health concerns: obviously troubled by the continual property damage it Mr. Cameron O'Connor suffers as a result of this problem, the Board is equally NYSDOH concerned about the potential for injury to passers-by. As 584 Delaware Avenue you can see in the enclosed photographs, there is a bus stop Buffalo, New York 14202 situated very near the area of the most recent incident. (716) 847-4385 The Board of Managers indicated to me that they have RECEIVED AND FILED requested the City's assistance in this regard in the past, but no response followed. I hope that, at this time, you will No. 49 reconsider this situation and the potential liability that might Concerns budget arise from its perpetuation. I am a retired RN who worked 45 yrs and am now Thank you for your kind consideration of this matter. We will trying to enjoy retirement. look forward to your response. My income is the same each year. I cannot afford too many REFERRED TO THE COMMITTEE ON LEGISLATION AND increases. My rent, elec, etc do go up each yr but I cannot THE COMMISSIONER OF PUBLIC WORKS afford your problems too. If you have to borrow money to pay your bills something is NO. 52 not right. ROOF REPAIR Perhaps we need a Financial Board (with teeth) to do the 376 URBAN/FORMER SCHOOL 62/C.R.U.C.I.A.L right thing. Signed: A registered voter: Joan Lochnicht This office has received requests from your office, from RECEIVED AND FILED Commissioner Donald Allen, as well as Mike Risman regarding a leaking roof at 376 Urban Street which has NO. 50 allegedly been leaking for two years and causing damage to ERIE CANAL HARBOR PROJECT the basketball court and gym floors. (Formerly the Buffalo Inner Harbor Development Project) The original lease with C.R.U.C.I.A.L, which expired on July Supplemental Draft Environmental Impact Statement 31,2002, on page 3, paragraph 12, states that C.R.U.C.I.A.L Public Scoping Meeting shall be responsible for the cost of repairs and maintenance. Tuesday, May 13, 2003, 6: 00 PM - 8:00 PM When the Division of Buildings inquired about a renewal Buffalo & Erie County Historical Society lease, the Division of Real Estate informed us that this 25 Nottingham Court property is not a City owned building and under the Buffalo, New York jurisdiction of BURA. Accordingly, Real Estate has stated A Public Scoping Meeting regarding the that they cannot initiate or negotiate a lease for property that preparation of a draft supplemental environmental impact is not City owned. I would therefore strongly suggest that statement (SDEIS') for the Erie Canal Harbor Project will be David Sengbush be contacted to provide both funds and a conducted by the Federal Transit contractor to perform emergency roof repairs at 376 Urban Administration (FTA). Niagara Transportation Authority Street. (NFTA) and the New York State Urban Development REFERRED TO THE COMMITTEE ON FINANCE, THE Corporation d/b/a Empire State Development Corporation CORPORATION COUNSEL AND THE DIRECTOR OF (ESDC). The DSEIS process will focus on developing and STRATEGIC PLANNING assessing alternative site design changes and historic site NO. 53 themes associated with the Project intended to better AMENDED interpret archaeological resources associated with the site's NEW YORK STATE DEPARTMENT OF location at the historic western terminus of the Erie Canal. TRANSPORTATION The scoping meeting has been scheduled for Tuesday, May DESIGNATION OF RESTRICTED HIGHWAY 13, 2003 at the Buffalo & Erie County Historical Society, Pursuant to Section 104a of the Highway Law the following 25 Nottingham Court, Buffalo, NY from 6:00 PM to 8:00 PN4. described highway: If there Is a need for a translator for the hearing impaired or This painting contract includes the Route 5 Skyway bridge other special accommodations with which we can provide and the Ramp from the Southbound Thruway (1-190) to the assistance. please notify Florine Luhr by Tuesday, May 6, Southbound Skyway Bridge in the City of Buffalo, Erie 2003 at the address below. County which is being reconstructed under Contract No. The Public Scoping, Meeting is intended to provide the D259223 is hereby designated as a Restricted Highway. public and involved/interested agencies an opportunity to Designation of restricted highway shall expire on November identify potential issues and concerns relevant to the Project 30, 2004. Pursuant to Section 1625 of the Vehicle and Traffic Law all main events will take place during Deaf Awareness Week, movement of vehicles, persons or animals on such highway September 21- 27, 2003. Throughout that week there will be hereby restricted and regulated in accordance with the tours of the school, a drama presentation, athletic games, determination of the Commissioner of Transportation as and history presentations. The week will conclude with a evidenced by posted signs, signals or barriers placed along mass at St. Joseph's Cathedral and an Anniversary Dinner said highway and/or by directions by an authorized at the Buffalo Convention Center. Our honorary chairpersons representative of the Commissioner Transportation. for the Anniversary Celebration are Congressman Jack Any action taken by the Commissioner of Transportation Quinn and Dr. I King Jordan, President of Gallaudet pursuant to Section 1625 of the Vehicle and Traffic Law s University. supersede any other provisions of the Vehicle and Traffic As part of this celebration we would like to have banners on Law where inconsistent or in conflict with respect to the 20 of the street lights on Main Street near our school. These following enumerated subjects: banners measure 24" x 68" and are made of a canvas 1. Establishment of maximum and minimum speed material. These are similar to the ones that Canisius College limits at which vehicles may proceed along any such and Forest Lawn Cemetery currently have up. restricted highway. Attached is a list of street lights we would like to 2. Weights and dimensions of vehicles. use. Also noted next to each number is whether or not there 3. Use of such restricted highway by pedestrians, is already hardware on the street light. Two of the street equestrians, and animals. lights currently have banners on them, and we would like 4. Parking, standing, stopping and backing of permission to have those taken down so ours can be put up. vehicles. We would like to have these banners up by June 20, 2003 5. Control of persons and equipment engaged in and keep them up throughout the school year. Our Alumni is work on such highway. having their reunion in June 2003 and we would like to have The provisions of the Vehicle and Traffic Law with respect to them up prior to that event. registration shall not apply to vehicles and equipment Please call me at 834-7200 ext. 175 if you have any engaged in work on such restricted highways. questions or concerns. We appreciate your assistance. When used on such restricted highways, all traffic control Sincerely, devices shall be considered as official traffic control devices REFERRED TO THE COMMITTEE ON LEGISLATION AND shall conform to the manual and specifications for a uniform THE COMMISSIONER OF PUBLIC WORKS system of traffic control devices adopted by the Department REDEVELOP Transportation. RECEIVED AND FILED PETITIONS NO. 56 NO. 54 J. GUAGLIARDO, OWNER, USE 681 MAIN FOR A. THOMPSON- LIVING WAGE CORRESPONDENCE ERECTION FROM RICHARD LIPSITZ, SR., PRESIDENT OF THE OF SIDEWALK CAFT IN FRONT OF NIGHTCLUB. (HRG. COALITION FOR ECONOMIC JUSTICE 5/20) Dear Mr. Michaux III: REFERRED TO THE COMMITTEE ON LEGISLATION, I am writing to respectfully request that you file a DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING correspondence from Coalition for Economic Justice BOARD AND THE CORPORATION COUNSEL President Lipsitz with the Council for discussion at the next meeting dated Tuesday May 13, 2003. NO. 57 If you have any questions, please do not hesitate to contact C. PIECH, A-_EN , USE 555 PROSPECT (D'YOUVILLE me directly at (716) 8 5 1 -5145. COILE_ZE)-L I FREE STANDIN_- SIGNS, 3 GROUND SIGNS. Legislative Committee Chair, Councilman Richard Fontana, POLE SIGNS. has asked our Executive Board to consider withdrawing the (NAME OF AGENT, OWNER) (ADDRESS) - lawsuit we have filed with the City of Buffalo for failure to (PROJECT) implement the living wage legislation. (PHONE #537-2087) The CEJ Board met earlier this month to consider the above he attached is for Common Council Approval; but request. The Board has decide that we would withdraw and per Permits, no public hearing is required. settle our lawsuit once the following conditions are met: REFERRED TO THE COMMITTEE ON LEGISLATION. 1 . All current and past contracts covered under the original DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING Ordinance be disclosed to u and made publicly available, as BOARD AND CORPORATION COUNSEL. the law requires. 2. The proposed living wage legislation calling for a NO. 58 Living Wage Commission (which I now before the Council) D. MIKA, AEENT, USE 2421 MAIN-BLUM. GROUND SI2N be passed (with acceptable modifications), and enacted into & 2 NON-ILLUM. GROUND SIGNS law. ( (PHONE #479-0589) 3. In addition, we will propose some clarifying language with The attached is for Common Council Approval; but per respect to covered contract and contractors Which, after Permits, no public hearing is required. negotiations, we expect we could reach agreement with you REFERRED TO THE COMMITTEE ON LEGISLATION, with an which would be added to the proposed legislation DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING which is before you, also to be passed and enacted into law. BOARD AND CORPORATION COUNSEL. We believe the City of Buffalo would be well served if this lawsuit were settled. A ruling against the City could result in NO. 59 fines and penalties as well as potential legal fees. Please M. HASTREITER & O-SAVE HISTORIC NEW YORK understand our intention has never been to harm the City, CENTRAL TERMINAL but rather to obtain the information to which we are entitled, FROM: Marge Thielman Hastreiter & others and to empower working people in our City with an improved I am hereby submitting approximately 2000 signatures to standard of living. SAVE HISTORIC NEW YORK CENTRAL TERMINAL. Hopefully, you will be willing to meet with our representatives These signatures were collected by myself, Heather Lynn in an effort to accomplished withdrawal of the lawsuit, after Jauch, Jessica Mercuri, Willard Lehner, Dennis Marrone and agreeing to the foregoing conditions. If the Legislative other members of the New York Central Terminal Committee I interested in this proposal, or if any Council Awareness Committee (formerly EXPO 2001) throughout the members are interested, please feel free to telephone m at past few years. 849-1333 ext. 325. The committee has a strong desire to see something positive Sincerely, happen to this National Landmark and has been meeting on Richard Lipsitz, Sr. a regular basis since 1995. The members are responsible for President of the Board bringing this building to the attention of the public before any REFERRED TO THE COMMITTEE ON LEGISLATION one became interested in the preservation of said building. The group is a committee of the Iron Island Preservation NO. 55 Society of Lovejoy, Inc., 998 Lovejoy Street, Buffalo, NY A. THOMPSON-REQ BANNERS MAIN ST 14206 892-3084. A special room in the Iron Island Museum Dear Mr. Michaux III: is dedicated to the New York Central Terminal. I am writing to respectfully request that you file a Submitted by: Marge Thielman Hastreiter, Vice President, correspondence from Ms. Cheryl Weigand of the St. Mary's Iron Island & Organizer of NYC Terminal Committee Home 4 School of the Deaf with the Council for discussion at the next 895-5239 meeting dated Tuesday May 13, 2003. REFERRED TO THE COMMITTEE ON LEGISLATION AND If you have any questions, please do not hesitate to contact THE PRESERVATION BOARD me directly at (716) 8 5 1 -5145. Dear Councilman Thompson: NO. 60 St. Mary's School for the Deaf will be celebrating its 150th D. HIPCHEN & O REQ PROMPT DEMO 382 MARYLAND Anniversary throughout the 2003-2004 school year. The ST We, the undersigned, request the prompt demolition of That the above item be and the same hereby is received 382 Maryland Street, which is a city-owned property. The and filed. structure is in decrepit condition and beyond rehabilitation. ADOPTED Recently thieves were arrested for removing aluminum siding from the front and sides of the structure for sale as NO. 68 scrap There is blatant evidence of illicit drug on the property M, COPPOLA-G. HEMDON-HILL-RES. MTG.-QUALIF and a stench is emanating from the property. There are feral -BLDG. INSP./BLDG. PLANS INSP. cats living in the basement. In addition to being an eyesore, (CCP#49-APR. 29, 03) the condition of 381) That the above item be and the same hereby is received Maryland lowers the property values of surrounding and filed. properties, which are all expected to maintain a neat ADOPTED appearance, as cited by city inspectors. Thank you for your prompt attention in resolving this matter. NO. 69 REFERRED TO THE COMMITTEE ON FINANCE AND THE EEO REPORT (HR) COMMISSIONER OF PUBLIC WORKS (CCP #59-APR. 1, 03) That the above item be and the same hereby is received filed. and NO. 61 ADOPTED R. FONTANA-J. SLATTER & O PROTEST RECEIVING STORAGE TRANSFER NYS GARBAGE FINANCE Please file the enclosed correspondence for discussion at (BETTY JEAN GRANT, CHAIRPERSON) the next Comon Council Meeting on 5/13/2003. NO. 70 The management and employees of Thorner Press, Inc. CERTIFICATE OF CURRENT BASE PROPORTIONS, strongly object to the Clinton-Bailey neighborhood being REQUEST APPROVAL used as a staging area for transportation of New York City (ITEM NO. 10, C.C.P., APR. 29, 2003) garbage. This is right in our "backyard". That the Common Council does hereby approve the We're afraid the garbage odors, exacerbated by the heat in Certificate of Base Percentages, Current Percentages and the coming warm weather, will make it very difficult for us to Current Base Proportions pursuant to Article 19 of the Real leave our doors open or spend any time outdoors. We are Property Tax Law. That the City Clerk, be, and he hereby is also very much concerned about rats and other vermin authorized to sign, date and forward said Certificate to the which are attracted to garbage. These conditions are not New York State Office of Real Property Service, Equalization conducive to good health; nor will we want to encourage Rate Bureau, 16 Sheridan Avenue, Albany, New York prestigious customers to visit our facility. 12210-2714 and provide a copy to the Department of It is our understanding that the lot next door to our property Assessment and Taxation. is being dug up to build an access road to the rail yard PASSED connecting it with Dingens Street. We have heard that this AYES - 13 NOES - 0 field contains contaminants in the ground - namely, defoliants. NO. 71 We feel something must be done to prevent the CERTIFICATE OF ADJUSTED BASE PROPORTIONS, Clinton-Bailey area from becoming a blighted neighborhood. REQUEST APPROVAL Instead, we should be making the city more attractive to (ITEM NO. 11, C,C.P., APR. 29, 2003) encourage growth and new industry. That the Common Council does hereby approve the Sincerely, Certificate of Adjusted Base Proportions pursuant to Article THORNER PRESS, INC. 19 of the Real Property Tax Law. That the City Clerk, be, Jadk Slatter President and he hereby is authorized to sign, date and forward said REFERRED TO THE COMMITTEE ON LEGISLATION, THE Certificate to the New York State Office of Real Property DEPARTMENT OF ENVIRONM CONSERVATION, THE Service, Equalization Rate Bureau, 16 Sheridan Avenue, NEW YORK STATE ATTORNEY GENERAL, THE ERIE Albany, New York 12210-2714 and provide a copy to the COUNTY HEALTH DEPARTMENT AND THE Department of Assessment and Taxation. COMMISSIONER OF PERMITS AND INSPECTIONS PASSED AYES - 13 NOES - 0 REGULAR COMMITTEES CIVIL SERVICE NO. 72 (MARC A. COPPOLA, CHAIRPERSON) TREASURY (COMPT.) NO. 62 (CCP#9-APR. 29, 03) APPT.-POLICE OFFICER (PERM.) (INTER#2) (POL) That the above item be and the same hereby is received (CCP#29-APR. 29, 03) and filed. That the above item be and the same hereby is received ADOPTED and filed. ADOPTED NO. 73 NYSDOL FINE - BROADWAY GARAGE NO. 63 (ITEM NO. 62, C.C.P., APR. 29, 2003) APPT.-POLICE OFFICER (PERM. CONT.) (INTER#2) That the above item be, and the same hereby is returned (POL) to the Common Council without recommendation. (CCP#30-APR. 29, 03) Mrs. Grant moved that the above item be recommitted to the That the above item be and the same hereby is received Committee on Finance. and filed. ADOPTED ADOPTED NO. 74 NO. 64 REPORT OF AUCTION - 678 BAILEY AVENUE APPT.-POLICE OFFICER (PERM) (INTER#3) (POL) (ITEM NO. 2, C.C.P., APR. 29, 2003) (CCP#31 -APR. 29,03) That the above item be, and the same hereby is returned That the above item be and the same hereby is received to the Common Council without recommendation. and filed. Mrs. Grant moved that the above item be recommitted to the ADOPTED Committee on Finance. ADOPTED NO. 65 No. 75 NOTICES OF APPT. -TEMP. /PROV./PERM. (C. CLK) Rescind Auction Sale and Forfeit Deposit - 80 Koons That the above item be and the same hereby is received (Item No. 3, C.C.P., Apr. 29, 2003) and filed. That the Executive Director of Strategic Planning ADOPTED be, and he hereby is authorized to rescind the sale of 80 Koons and return the property to inventory for resale and NO. 66 retain the One Hundred Sixty Dollars ($160.00) deposit from COUNCIL APPROVAL-SALARY ABOVE MINIMUM STEP Dwayne Hicks of 751 Woodlawn Avenue. (LAW) Passed (CCP#32-APR. 29,03) AYES - 13 - NOES - 0 That the above item be and the same hereby is received and filed. No. 76 ADOPTED Sewer and Water Terminations for Demolitions (Item No. 35, C.C.P., Apr. 29, 2003) NO. 67 That the Commissioner of Permit & Inspection Services M, COPPOLA-G. HEMDON-HILL-JOB SPECS.-BLDG. be, and he hereby is authorized to award a contract for INSPECTOR Sewer and Water Terminations for Demolition to (CCP#49-APR. 15, 03) Roto-Rooter for sewer and water cut standard in the amount No. 84 of $927.00, for sewer and water cut Smith Patent in the Req. Police Submit Plan for Enforcing Littering amount of $927,00 per termination, the lowest responsible Ordinance bidder. (CCP#205-Apr. 15, 03) Passed. That the above item be and the same hereby is referred to AYES - 13 - NOES - 0 the Special Committee on Police Reorganization. ADOPTED No. 77 B. Davis-J. Zeckhauser-Concerns-278 Hudson-, 272 No. 85 Jersey Req. Police Submit Plan for Enforcing Littering (CCP#53-Apr. 29,03) Ordinance (Pol) That the above item be and the same hereby is received and (CCP#28 Apr. 29,03) filed. That the above item be and the same hereby is referred to ADOPTED the Special Committee on Police Reorganization. ADOPTED No. 78 Norm Weaver - Req. Homestead - 1075 Seneca Street No. 86 (Item No. 57, C.C.P., Apr. 29, 2003) Ordinance Amendment - Chapter 175 - Fees (Records) That the Director of Real Estate be, and he hereby is (Item No. 116, C.C.P., Apr. 29, 2003) authorized to negotiate a sale or homestead of City-owned That the Ordinance Amendment as contained in Item No. property at 1075 Seneca Street to Norm Weaver residing at 116, C.C.P., April 29, 2003, be and the same hereby is 156 Peabody Street and to report the result of such approved. negotiation to the Common Council for final approval. Passed Passed AYES - 13 - NOES - 0 AYES - 13 - NOES - 0 No. 87 Legislation E. Blum-Oppose Dog Run/Park-Delaware Park (Richard A. Fontana, Chairman) (CCP#45-Apr. 29, 03) That the above item be and the same hereby is received no. 79 and filed. Glen Ferby, Petition to use 28 Montclair - Beauty Parlor ADOPTED (Item No. 65, C.C.P., Apr. 29, 2003) That the above item be, and the same hereby is, returned No. 88 to the Common Council without recommendation. C. Fisher-D. GoodvAn-Arab Deli Stores Mr. Fontana Moved: (CCP#50-Apr. 15, 03) That after the public hearing before the Committee on That the above item be and the same hereby is received and Legislation on May 6, 2003, the petition of Glen Ferby, filed. agent, for permission to use 28 Montclair for a beauty parlor ADOPTED be, and hereby is approved. Passed. No. 89 AYES - 13 - NOES - 0 C. Fisher-D. Goodwin-Arab Deli Stores (Pol) (CCP#27-Apr. 29, 03) No. 80 That the above item be and the same hereby is received Paul Strada, Petition to use 416 Pearl Street- and filed. Encroach/Projecting Sign ADOPTED (Item No. 66, C.C.P., Apr. 29, 2003) That the above item be, and the same hereby is, No. 90 returned to the Common Council without recommendation. C. Fisher-D. Goodwin-Arab Deli Stores Mr. Fontana Moved: (CCP#56-Apr. 29,03) That after the public hearing before the Committee on That the above item be and the same hereby is received Legislation on May 6, 2003, the petition of Paul A. Strada, and filed. agent, for permission to use 416 Pearl Street a/k/a 414-418 ADOPTED Pearl Street for encroachment/projecting sign to front facade of bar/restaurant be, and hereby is approved. No. 91 Passed. L. Renford-Concems-Deli Stores AYES - 13 - NOES - 0 (CCP#63 -Apr. 29, 03) That the above item be and the same hereby is received No. 81 and filed. M. Moscati, Petition to use 807 Elmwood - Food Co-Op, ADOPTED Restaurant; Take-Out (Item No. 67, C.C.P., Apr. 29, 2003) No. 92 That after the public hearing before the Committee on Rampant Criminal Activity at Fillmore/Peckham Legislation on May 6, 2003, the petition of M. Moscati, agent, (Permits/Insp.) for permission to use 807 Elmwood Avenue - Food Co-Op, (CCP#38-Apr. 15, 03) Restaurant; Take-Out be, and hereby is approved subject to That the above item be and the same hereby is received approval by the Zoning Board of Appeals. and filed. Passed. ADOPTED AYES - 13 - NOES - 0 No. 93 No. 82 T. Ramano-NYSDOT-NY Rte. 33-Kens. Express.-N & S V. Semeraro, Petition to use 1219 Hertel - Catering & Svs. Rds-Wall Rep. Pastry Shop (CCP#84-Apr. 1, 03) (Item No. 68, C.C.P., Apr. 29, 2003) That the above item be and the same hereby is received That after the public hearing before the Committee on and filed. Legislation on May 6, 2003, the petition of V. Semeraro, ADOPTED agent, for permission to use 1292 Hertel Avenue a/k/a 1296 Hertel Avenue for catering and a pastry shop be, and hereby No. 94 is approved. F. Parisi-Parking on Chippewa St.-Thurs-Sat Pole Signs Passed. Confusing AYES - 13 - NOES - 0 (CCP#3 I -Dec. 26, 02) That the above item be and the same hereby is received No. 83 and filed. J. Parrish, Petition to use 257 Virginia Street - Human ADOPTED Service Facility (Item No. 83, C.C.P., Mar. 18, 2003) No. 95 (Item No. 92, C.C.P., Apr. 29, 2003) F. Parisi-Parking on Chippewa St.-Thurs-Sat Pole Signs That after the public hearing before the Committee on Confusing (PW) Legislation on March 25, 2003, the petition of J. Parrish, (CCP#14-Jan. 7,03) agent, for permission to use 257 Virginia Street for a Human That the above item be and the same hereby is received service facility be, and hereby is approved. and filed. Passed. ADOPTED AYES - 13 - NOES - 0 No. 96 Concerns – 67 Englewood Ave (Permits/Insp) Whereas: It is the responsibility of the city to administer (CCP# 34 Apr 29, 03) these funds and make sure that they are spent according to That the above item be and the same hereby is received HUD guidelines; and and filed. Whereas: It is the further responsibility of the city to assure ADOPTED that the funds are utilized in order to achieve the best outcome and benefit for the various communities at-large; No. 97 and 67 Englewood (#33, 4/15) (Pol) Whereas: Providing needed services to the community and (CCP#103 – Apr 29, 03) its residents should be the Number One Priority of the city That the above item be and the same hereby is received and the respective CBO's that receive CDBG funds; and and filed. Whereas: Given the current budget constraints of the CDBG, ADOPTED the city must be more diligent in its oversight and recommendation function; and No. 98 Whereas: As the Department of Strategic Planning, the P. Paul-Relocation of Gas Meters in COB (#56, 4/15) Department of Community Services, and the Common (CCP#104-Apr. 29,03) Council deliberate the dispensation of CDBG dollars That the above item be and the same hereby is received throughout the city for various projects and programs, it is and filed. imperative that a more comprehensive evaluation of each ADOPTED and every agency receiving funds be done throughout the year; and No. 99 Whereas: Such audits should include, but not be limited to: B. Davis-B. Howard-Req. Waiver-Liquor License-454 short-term and long-term goals or outcomes of services Pearl St. provided, type of services provided, number of people (CCP#51 -Apr. 29,03) served (daily, weekly, monthly, yearly), possible duplication That the above item be and the same hereby is referred to of services, historical perspective of the agency and its the Office of the Mayor programs; and ADOPTED Whereas- These audits should be done at random and subsequently filed with the Common Council no less than RESOLUTIONS quarterly; and Whereas: The ongoing review will provide invaluable No. 100 cost-benefit information to the city, the council, and the Resolution agencies. The city and council will have additional By: Mr. Bonifaclo information to aid them in their decision making process, and Re: Permit YMCA of Greater Buffalo to Hang the agencies will have an opportunity to strengthen Banner on Porter Avenue themselves through a more comprehensive evaluation which Whereas: The Delaware Family YMCA requests permission will ultimately better serve the public. to hang a banner on Porter Avenue near Niagara Street Now therefore be it resolved: (poles 284 and 285) to raise community awareness of That the Department of Community Services develop a D'Youville College's new summer day camp; and policy and plan that will address the issues raised in this Whereas: This banner will hang from May 25, 2003 until July resolution; and 1, 2003; and Be It Further Resolved: Whereas: The City of Buffalo proudly supports the YMCA of That the Commissioner of Community Services files his Greater Buffalo, D'Youville College, and the summer day response to this resolution with the City Clerk no later than camp at D'Youville College; and May 27, 2003. Now, Therefore Be It Resolved- REFERRED TO THE COMMITTEE ON FINANCE AND THE That the City of Buffalo hereby permits the Delaware Family COMMISSIONER OF COMMUNITY SERVICES YMCA to hang a banner on Porter Avenue near Niagara Street from May 25, 2003 to July 1, 2003 to commemorate a No. 103 new summer day camp at D'Youville College, in accordance By: Mr. Coppola with all conditions, restrictions, and requirements as set forth SUBJECT: 2003 Greater Buffalo Italian Heritage and by the City of Buffalo and the Department of Public Works, Food Festival Parks and Streets. Whereas: The North Buffalo Community Development Corp., PASSED Hertel – North Buffalo Business Assn., and the West Side AYES - 13 - NOES - 0 Business and Taxpayers Assn. Inc. have requested permission to, again, jointly conduct the Great Buffalo Italian NO. 101 Heritage and Food Festival from July 17 through 20, 2003, Resolution on Hertel Avenue, and By: Mr. Bonifacio Whereas: These Groups are also requesting that Hertel Re: Permission to Hang Banners on Connecticut Street Avenue be closed to vehicular traffic between Delaware and Whereas.- Connecticut Street will be alive this summer with Colvin Avenues during the above dates, and that cross fairs, vendors, performers, and many other events; and streets between Colvin and Delaware Avenues, and also Whereas: To commemorate these events the Connecticut Linden and Tacoma between Colvin and Delaware Avenues, Street Business Association and West Side Neighborhood be designated festival areas, and Housing Services requests permission to hang two banners Whereas: This festival will be a major expression of Italian on Connecticut Street- one on Connecticut and Niagara Heritage which includes culture, customs, and foods and will Streets (near poles 180 and 193), and another on once again attract people from hundreds of miles away, Connecticut Street and Richmond Avenue (poles 521 and Whereas: The Italian Festival Committee will continue the 574)-l and drastic changes to the Festival that were made in 2002 in an Whereas: These banners would hang from May 25, 2003 to effort to focus more on Italian Heritage. The changes are as October 1, 20033; and follows: Whereas The City of Buffalo proudly supports these exciting (A) The festival will run from Thursday, July 17, 2003, to events; and Sunday, July Now, Therefore Be It Resolved: 20, 2003. (4 days) That the City of Buffalo hereby permits the Connecticut (B) The hours of operation will be from 11:00 am to 11:00 Street Business Association and West Side Neighborhood pm on Housing Services to hang banners on Connecticut Street Thursday, Friday, and Saturday, and from 11: 00 am to 10 - and Niagara Street, and on Connecticut Street and 00 pm on Richmond Avenue from May 25, 2003 to October 1, 200' ) in Sunday. accordance with all conditions, restrictions, and (C) The Festival Committee shall control the area bounded requirements as set forth by the City of Buffalo and the by Delaware Department of Public Works, Parks and Streets. Ave. from Linden Ave. to Tacoma Ave., Tacoma Ave. from PASSED Delaware AYES - 13 - NOES - 0 Ave. to Colvin Ave., Colvin Ave. from Tacoma Ave. to Linden Ave., NO. 102 Linden Ave. from Colvin Ave. to Delaware Ave. BY: Mr. Coppola, Ms. LoTempio, Mr. Bonifacio, Mr. Fontana, (D) Within the above area, the festival will operate from just Ms. Martino west of Subject: Performance Audits for Community Based Virgil Ave. to just east of Crestwood Ave. shortening the Organizations operating Whereas: Many community based organizations (CBO) and area by approximately three blocks. agencies that provide a wide range of services through the (E) All large amusement rides and all games of chance will City of Buffalo receive funding through the Community Block be eliminated. Grant; and (F) Where and when possible, all residents and businesses CONTINGENT PILOT (collectively the "Revised PILOT"); on Hertel Ave. between Delaware Ave. and Virgil Ave, will and have access to their Whereas, the Agreement for Payment in Lieu of Real Estate property. Taxes setting forth the terms of the Revised PILOT has been (G) The Festival Committee will maintain the increased level submitted to this Common Council for its information, but and presence of security throughout the area agreed to by requires no action by the Common Council; and you and the Festival Board. Whereas, in all cases under the Revised PILOT, the net (H) Electrical power provided by a private source will amount received by the City and County as PILOT eliminate large and noisy diesel generators with a whisper Payments (after giving effect to the City PILOT Application quiet electrical generators Agreement described herein) will not be less than the which eliminate all hazardous wires cris-crossing the street. amount that the City and County would have received under (I) The Festival Committee will be eliminating most non-food the Original PILOT; and vendors Whereas, the proposed City Pilot Application Agreement, thereby re-focusing our attention on ethnic and cultural pursuant to which a portion of the City PILOT Payments, if areas- the QEZE PILOT applies, shall be used for debt service for Now, Therefore, Be It Resolved: the financing for the Project, has been duly submitted to this The North Buffalo Community Development Corp., Hertel - Common Council; and North Buffalo Business Assn., and the West Side Business Now, therefore, be it resolved: and Taxpayers Assn., Inc. are hereby granted permission to That the Mayor is hereby authorized to execute the City Pilot jointly conduct the 2003 Greater Buffalo Italian Heritage and Application Agreement substantially in the form of the City Food Festival subject to the following conditions: Pilot Application Agreement submitted herewith, providing (A) The festival shall be conducted on Hertel Avenue from for the use of a portion of the City PILOT Payments for a July 17 through July 20, 2003, between the hours of 11: 00 portion of the debt service for the financing for the Project; am and 11: 00 pm, except Sunday when the hours are 11: and 00 am to 10 .- 00 prn with Tuesday, July 15, 2003 after 6:00 Be it further resolved: and Wednesday, July 16, 2003 to be used only as a set-up That the Mayor is hereby authorized to sign any other days, and Monday, July 21, 2003 to be used only as a documents and take any other action deemed necessary or breakdown day with traffic to recommence by 6-00 am of desirable in furtherance of the transaction contemplated by that day; these resolutions. (B) Hertel Avenue, between Crestwood and Tennyson Passed Avenues, shall be closed to vehicular and bicycle traffic, and AYES - 13 - NOES - 0 dogs and other animals shall be prohibited during the NO. 105 festival. In addition, cross streets bounded by Colvin, Linden, BY: BRIAN C. DAVIS, Delaware, and Tacoma Avenues, including those boundary TRAILBLAZING SIGNAGE FOR GENESEE STREET AS streets, shall be part of the festival area subject to its rules "PASTOR RODERICK L. HENNINGS WAY" and regulations. Permittees with the cooperation of and at Whereas: Pastor Roderick L. Hennings was born in 1962 in the direction of the Police Department will furnish and locate Youngstown, OHIO accepting Jesus Christ as his personal barriers to be placed at the beginning time of the festival and Savior and Lord at age 17; and to be removed at the end of the festival; Whereas: Pastor Hennings and his wife, Mrs. Pamela (C) That the city-owned residential area parking lot, located Hennings have two beautiful daughters - Ariane and Chloe; behind 1180 Hertel shall be closed to general use and shall and be reserved solely for those residents of Hertel Avenue Whereas: After being called for his vocation, Pastor Roderick residing within the festival area, and this restriction shall be L. Hennings earned his ministry in 1982 in Youngstown, enforced strictly by the city and festival committee'. Ohio; and (D) That the festival committee be, and hereby is, authorized Whereas: In 1987, Pastor Hennings obeyed the instruction to erect appropriate banners and fittings on street lamp posts of the Lord and relocated to Buffalo, NY joining Holy Temple on Hertel Avenue from the easterly side of Colvin to the Church of God in Christ and served as Youth Pastor; and westerly side of Delaware, and a banner across Hertel at Whereas: In 1993, Pastor Hennings founded Zion Dominion Tennyson and at Crestwood, all within the conditions Church of God in Christ which now has a membership of specified by the Department of Public Works; over 1,700; and (E) Permittees shall furnish to the City of Buffalo proper Whereas: Pastor Hennings was one of the two Pastors in the liability insurance as determined by the Special Events Buffalo area that took an AIDS test in front of his Committee and Corporation Counsel; congregation; and (F) Permittees shall assure complete responsibility for Whereas: Pastor Hennings constructed a computer room on removing barriers, pennants, decorations, barricades, the premises of Zion Dominion, and offer computer classes stands, equipment and any trash or debris in the area arising to both the membership and the surrounding community; out of the festival; and (G)Permittees shall assume complete responsibility for Whereas: Pastor Hennings has a working relationship with conducting the festival in compliance with all laws and Hopevale, Inc. to offer spiritual guidance and counseling to ordinances applicable, and with all directives of the various girls ages 11- 17 who are experiencing social and emotional city departments, including Police, Fire, Street Sanitation, difficulties and to women in crisis; Transportation, and Public Works-, and (H)Permission is hereby granted for the above under such Whereas: Pastor Hennings is the recipient of numerous terms and conditions so as to protect the interest of the City awards, honors, and community positions including Vice of Buffalo, as set forth by the Special Events Committee. President of the International Youth Department of the PASSED Church of God in Christ; and AYES - 13 - NOES - 0 Whereas: For all of his contributions, commitment and dedication to both his community and the City of Buffalo, it is NO. 104 fitting to honor Pastor Roderick L. Hennings for his faithful RESOLUTION service; By: Mr. Davis: Now, Therefore, Be It Resolved: Tops Niagara Project Payment in Lieu of Taxes That the Common Council of the City of Buffalo approves the Whereas, the City has engaged in an economic installation of trailblazing signs proclaiming the portion of development project to expand and redevelop the Tops Genesee Street between Michigan Avenue and Pratt Street Supermarket, 401 to 455 Niagara Street, 260 to 312 as "Pastor Roderick L. Hennings Way"; and Prospect Avenue (the "Project") to serve a predominately Be It Further Resolved: low-income and underserved neighborhood; and That this Common Council requests that the Department of Whereas, the Project consists of an approximate 40,000 sq. Public Works install trailblazing signs that read "Pastor ft. supermarket on Niagara Street in the lower West Side of Roderick L. Hennings Way" beneath the existing street signs Buffalo, a neighborhood that has historically been on Genesee Street between underserved by retailers, and will improve the quality of life Michigan Avenue and Pratt Street. for the area residents, many of whom do not otherwise REFERRED TO THE COMMITTEE ONLEGISLATION AND conveniently have access to a full-scale supermarket, and to THE COMMISSIONER OF PUBLIC WORKS the products and lower prices available in such stores; and Whereas, Supermarket Management, Inc., and its affiliates, NO. 106 Niagara-Maryland Development LLC and Pema-Niagara Inc. BY: MR. DAVIS, MR. THOMPSON were induced to develop the Project in part based on a HOME RULE MESSAGE - ASSEMBLY BILL #S4462 - "AN proposed payment in lieu of tax schedule that deviated from ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION the standard policy of the Erie County Industrial TO CIVIL SERVICE EXAM CREDITS FOR POLICE Development Agency (the "Original PILOT"); and OFFICERS AND FIREFIGHTERS IN CERTAIN CITIES" Whereas, the Original Pilot was later revised to provide for Whereas A Bill has been introduced in the NYS Assembly, payment in lieu of taxes under two alternative schedules, #S4462, - "an act to amend the civil service law, in relation to one called the QEZE PILOT and the other one called the civil service exam credits for police officers and firefighters in Whereas: The city makes this payment by virtue of a Council certain cities"; and resolution passed many years ago, and Whereas: The City of Buffalo is the second largest city in Whereas: The Common Council has the right to rescind the New York State and for years has experienced a declining authorization for payment of these expenses. population and tax base; and Now, Therefore, Be It Resolved: Whereas Police Officers and Firefighters living outside the That effective immediately the City of Buffalo will no longer city impacts Buffalo's ability to receive a return on its pay for BMHA board member salaries and health insurance. investment and has been a factor in the City of Buffalo PASSED playing off police officers and closing firehouses; and AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, Whereas: Assembly Bill #S4462 authorizes cities with a GOLOMBEK, LOTEMPIO, MARTINO - 7 NOES – DAVIS, population between two hundred ninety thousand and one FISHER, GRANT, GRAY, PITTS, THOMPSON - 6 million to adopt a local law which would grant residents of such city additional credit in competitive examinations for NO. 109 original appointment as a police officer or firefighter, and BY: MR. GOLOMBEK provide a procedure for implementation and awarding of this DISPLAY BANNER FOR OPEN AIR FILM FESTIVAL credit; and Whereas: Dolce Far Niente, Inc. will present the Third Whereas: Bill #S4462 will provide certain municipalities with Annual "Sotto Le Stelle -Free Open Air Film Festival" each a local law the option to offer additional exam credit for Friday in July 2003, and police or firefighters that is intended to encourage residency Whereas: To promote this event the organizers have by police officers and firefighters within these municipalities; requested permission to display a banner on Elmwood Now, Therefore be it Resolved: Avenue near Bidwell Parkway; and, That the Common Council of the City of Buffalo hereby goes Whereas: The banner will be hung across Elmwood Avenue on record in support of Assembly Bill #S4462 -"an act to between Pole #215 and the building located at 820 Elmwood amend the civil service law, in relation to civil service exam Avenue. The organizers would like to hang the banner credits for police officers and firefighters in certain cities"; starting on June 2Th-, 2003 and will have it taken down by and July 28th, 2003. Be it Further Resolved: Now, Therefore, Be It Resolved: That the City Clerk be directed to forward certified copies of This Common Council recognizes the importance of cultural this Home Rule Message to Governor George Pataki, to events that support neighborhood business districts by Assembly Speaker Sheldon Silver, to the Clerk of the attracting people. The organizers of the "Sotto Le Stelle - Assembly, to Assembly Majority Leader Paul Tokasz, to the Free Open Air Film Festival" are granted permission by this Secretary of the Senate, to Senate Majority Leader Joseph Honorable Body to hang a banner, pursuant to the Bruno, and to members of the Western New York Legislative conditions set forth by the Commissioner of Public Works, at delegation. the above location from, June 2nd, 2003 to July 28th, 2003. ADOPTED PASSED AYES - 13 NOES - 0 NO. 107 BY: MR. DAVIS, MR. THOMPSON NO. 110 HOME RULE MESSAGE - ASSEMBLY BILL #S4463 - "AN BY: MS. GRAY, MRS. GRANT & MR. DAVIS ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION EMPIRE ZONE APPLICATION CRITERIA TO PROMOTIONAL EXAM CREDITS FOR POLICE Whereas: The New York State Economic OFFICERS AND FIREFIGHTERS IN CERTAIN CITIES" Development Zone (EDZ) program was created in 1987, to Whereas: A Bill has been introduced in the NYS encourage business development in designated areas by Assembly, #S4463, "an act to amend the civil service law, in offering targeted incentives and benefits to new and relation to promotional exam credits for police officers and expanding businesses in New York State; and firefighters in certain cities"; and Whereas: Companies that move to or expand in Whereas: The City of Buffalo is the second largest city in EDZ's are eligible for wage and investment tax credits, sales New York State and for years has experienced a declining tax refunds, financing assistance, and utility discounts; and population and tax base; and Whereas: EDZ's also provide benefits relative to building Whereas: Police Officers and Firefighters living outside the market rate housing; and city impacts Buffalo's ability to receive a return on its Whereas: The Buffalo Economic Renaissance investment and has been a factor in the City of Buffalo laying Corporation (BERC) is the designated City agency, off police officers and closing firehouses; and responsible for the overall supervision of the City of Buffalo's Whereas: Assembly Bill #S4463 authorizes cities with a EDZ operations; and population between two hundred ninety thousand and one Whereas: There are various grants and programs million to adopt a local law which would grant residents of administered by the City of Buffalo departments, and such city additional credit officer of firefighter, and provide a although the monetary amounts are small in comparison to procedure for additional credit for promotional exams and the benefits of the Empire Zone designation, all require grant awarding this credit; and recipients to be current in all City of Buffalo property taxes Whereas: Bill #S4463 will provide certain municipalities with relating to operating a business in the City of Buffalo; a local law the option to offer additional exam credit for Now, Therefore, Be It Resolved That: promotional exam, intended to encourage residency by This Common Council requests that the Buffalo Economic police officers within these municipalities; Renaissance Corporation (BERC), as the City's designated Now, Therefore be it Resolved: agent for administering the EDZ program, immediately That the Common Council of the City of Buffalo hereby goes require that all participants in the program be current in all on record in support of Assembly Bill #S4463 -"an act to City of Buffalo property taxes and fees; and amend the civil service law, in relation to promotional exam Be It Further Resolved That: credits for police officers and firefighters in certain cities"; The Buffalo Common Council further requests that any and participant found to be delinquent in any City of Buffalo taxes Be it Further Resolved: or fees, be immediately terminated from the EDZ program, That the City Clerk be directed to forward certified copies of or be given a reasonable time to resolve the issue or pay the this Home Rule Message to Governor George Pataki, to taxes or fees; and Assembly Speaker Sheldon Silver, to the Clerk of the Be It Finally Resolved That: Assembly, to Assembly Majority Leader Paul Tokasz, to the The Buffalo Economic Renaissance Corporation (BERC) Secretary of the Senate, to Senate Majority Leader Joseph immediately amend their Empire Zone application to include Bruno, and to members of the Western New York Legislative the above referenced request, and that a copy of the delegation. application be filed with the Buffalo Common Council, the ADOPTED New York State Legislature, Erie County Legislature, ECIDA and the Empire State Development Corporation. NO. 108 REFERRED TO THE COMMITTEE ON COMMUNITY BY: MR. GOLOMBEK DEVELOPMENT AND THE BUFFALO ECONOMIC DISCONTINUE STIPEND PAYMENTS TO BMHA BOARD RENNAISSANCE CORPORATION MEMBERS Whereas: The City of Buffalo is in a severe financial crisis No. 111 and must cut spending, and Whereas: The City of Buffalo provides fiscal support for the BY: Mrs. LoTempio BMI-IA's operational deficit, RE: DISCHARGE FROM THE LEGISLATION COMMITTEE and - Com. No. 88, C.C.P. April 29,2003 Whereas: In addition, the City of Buffalo pays for a stipend Whereas: Com. # 88, C.C.P. April 29, 2003 -Rezone and health insurance for the board members of the Buffalo 120-156 S. Elmwood-R3, DO&CM for an Office Bldg. Municipal Housing Authority. The amount requested for the (#67,4/15)(Hrg.4/22), is presently before the Committee on upcoming fiscal year is $71,146.00, and Legislation; and Whereas: It is no longer necessary for this item to be promotional activities, fund raising activities, displays of considered by that Committee; goods or otherwise. Street performers, buskers or similar Now, Therefore, Be It Resolved That: performers or performances shall not be permitted within the This Common Council does hereby discharge the events area. All temporary inflatable devices used to Committee on Legislation from further consideration of Com. advertise or direct attention to a business, service, product #88, C.C.P. April 29, 2003 and Adopt said Discharge. or activity shall also be excluded from the events area. That the above item be and the same hereby is approved. The property of Ascension Church at 16 Linwood Avenue PASSED and Westminster Church at 724 Delaware Avenue shall not AYES - 13 - NOES - 0 be subject to the foregoing provisions, provided, however, that neither shall conduct or sponsor any out-of-door No.112 activities during the Art Festival event hours without prior approval of the Common Council. The above-mentioned shall not conduct or sponsor any outdoor amusement rides By: Mrs. LoTempio, Mr. Davis, and Mr. Bonifacio or art and craft show and the third resolved clause of this Subject: 46th Annual Allentown Outdoor Art Festival resolution governing radio and television broadcasts and Whereas: The Allentown Village Society, Inc. ("AVS"), has telecasts shall also be applicable on those properties. requested permission to conduct its 46th Annual Allentown PASSED Outdoor Art Festival on the weekend of June 14 th and 15 th AYES - 13 - NOES - 0 2003,and Whereas: The Special Events Advisory Committee, NO. 113 established pursuant to Chapter 414, Special Events, will meet to consider the application of AVS to hold the said 46th By: Mrs. Martino & Mr. Bonifacio Annual Allentown Outdoor Art Festival; and Now, Therefore, Be it Resolved That: SUBJECT: Property Tax Incentive for Owner Occupied Subject to the additional conditions to be established by the Residential Housing Special Events Advisory Committee and those stated herein, Whereas: In an age when the City of Buffalo is encouraging the AVS be and it hereby is granted permission to conduct residency and enticing new growth within individual the 45th Annual Allentown Outdoor Art Festival on the neighborhoods, any increase in user fees places a monitary weekend of June 14'h and 15 1h , 2003, between the hours hardship on residential owner occupied properties-, and of 11:00 a.m. and 6:00 p.m. on those days; within the events Whereas: Placement of increased user fees on these owner area bounded by Summer Street on the north, Elmwood occupied properties is a strain which may have far reaching Avenue and South Elmwood Avenue (east side) on the west, and dire consequences to keeping our neighborhoods Tracy Street (extended easterly) on the south, and Main stable; and Street (west side) on the east; and Whereas An incentive for promoting and maintaining owner Be It Further Resolved That: occupied residential housing should be explored. The Participants within the events area, whether on the public backbone of any strong community Is encouraging pride in streets or out-of doors on adjacent private property, will be your neighborhoods. In order to maintain and provide growth limited as follows: in any community, we need to be sensitive to the demands I . Art or craft exhibitors may be located within the events placed upon these property owners, and area on the following streets only: Delaware Avenue Whereas: A property tax credit equal to the user fee for between North Street and Tupper Street (east and west owner occupied residential housing should be explored; and sides); Franklin Street between Allen Street and Virginia Whereas: Absentee landlords are one of the major hurdles Street (east side); Allen Street from Elmwood Avenue to we currently face in the City of Buffalo. Inspection violations, Franklin Street (north or south sides); Virginia Street neglect, police intervention are only a few problems when a between Elmwood Avenue and Franklin Street (north or property does not have a landlord in residence to protect south sides); and Edward Street between Elmwood Avenue his/her interest; and and Delaware Avenue (south side only). Whereas: In order to encourage and maintain owner Only art and craft exhibitors selected through the AVS occupied housing an analysis must be done of the application and selection process shall be permitted. The short-term financial impact of increased user fees versus the AVS will select no more than 465 art and craft exhibitors, potential long-term catastrophic consequences. excluding therefrom the exhibition or sale of so-called Now, Therefore, Be It Resolved-, "pseudo" art and exhibits of a strictly commercial nature. That the Budget Office provides an in-depth report of the 2. Food concessionaires and vendors will be located within impact of increased user fees on Non-owner versus Owner the boundaries of the festival and according to police and fire occupied residential units utilizing the information for all departments' recommendations. Such participant residency verification available through the Assessment and concessionaires shall be responsible concessionaires to be Taxation Division maintained through the Star Program-, and selected by the AVS. Consistent with AVS procedure, the Be It Finally Resolved: AVS will solicit food and beverage concessionaires and That the Budget Office provides an analysis of the financial vendors from businesses or persons within the area of the impact to the City of Buffalo of a proposed property tax credit Allentown Art Festival as described in the first resolved equal to user fees for owner occupied residential property. clause above, reserving for them some of the concessions. REFERRED TO THE COMMITTEE ON FINANCE, THE The AVS may select and designate a single vendor COMMISSIONER OF ADMINISTRATION AND FINANCE employing a reasonable number of persons to vend balloons THE CORPORATION COUNSEL AND THE in the events area. The AVS may also select and designate COMMISSJONER OF ASSESSMENT a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise within the deemed No.114 concession areas. All participant concessionaires and vendors are required to comply with all otherwise applicable By Mr. Pitts licensing and health requirements. Re: Initiate Legal Action on Fees - Adelphia Cable Notwithstanding the foregoing, nothing herein is intended to Whereas: In March 2002 the Federal Communications limit the usual and customary operations of "Sidewalk cafes" Commission issued a declaratory ruling in which cable as defined in Section 413-59 of the Code of the City of modem service was determined to be an "interstate Buffalo; and information service" and not a cable service; and Be It Further Resolved That: Whereas: Most cable companies interpreted this to mean That radio and television broadcasts from remote broadcast that franchising authorities could not require cable units located outside of a building normally occupied by a companies to pay a franchise fee on cable modem service radio or television station may be permitted within the events delivering high-speed Internet access, and stopped paying a area by the event sponsor. No such remote broadcasts or franchise fee on that service; and telecasts shall be permitted on the public streets or Whereas: Such was the case in Buffalo, where Adelphia out-of-doors on adjacent private property without the Communications no longer pays the City a franchise fee on permission of the event sponsor. In no case shall any radio its cable modem service known as Powerlink, costing the or television station employ blaring loudspeakers or conduct City of Buffalo thousands of dollars in lost revenue; and giveaways, sale of merchandise, contests, displays or other Whereas: The franchise agreement between the City of promotional activities beyond what is broadcast or telecast Buffalo and Adelphia has specific language requiring over their airwaves in the public street or out-of-doors on franchise fees to be paid on revenue derived in the City from adjacent private property during the hours of the event; and cable modem service, so this action by Adelphia appears to Be It Finally Resolved: be a clear violation of a contractual obligation of the cable Unauthorized participants. The AVS shall provide all company; and participants with suitable identification showing each as an Whereas: Other local franchising authorities with similar authorized participant in the event. Except as herein above contract language have initiated legal proceedings against provided, there shall be no other participants within the cable companies in an effort to recover this revenue; events area during the event whether on public streets or Therefore be it resolved: out-of-doors on adjacent private property, including exhibitors, concessionaires, vendors, performers, That this Common Council authorize the Corporation ANNOUNCEMENT OF COMMITTEE MEETTNGS Counsel to initiate legal action against Adelphia The following meetings are scheduled. All meetings are held TH Communications in order to compel the company to live up in the Common Council Chambers, 13 floor City Hall, to its contractual obligation to pay a franchise fee on cable Buffalo, New York, unless otherwise noted. modem service revenues. Regular Committees ADOPTED Committee on Civil Service Tuesday, May 20, 2003 at 930 o'clock A.M. No. 115 Committee on Finance Tuesday, May 20, 2003 at 10: 00 o' clock A. M following Civil Service By Mr. Thompson Committee on Legislation Tuesday, May 20, 2003 at 2:00 Felicitations/In Memoriam o'clock P.M. whereby a special public hearing will be held on Attached hereto are, Felicitation and in Memoriam the Women and Children's Hospital Heliport Resolutions sponsored by Members of the Common Council Committee on Comm. Dev. Wednesdav, Mav 21, 1-003 at as indicated- 10-00 o'clock A.M. Felicitation for Bishop William Henderson Committee on Education Wednesday, May 21, 200' ) at 2 -. By Councilmember Pitts, Michaux 00 o'clock P.M. Felicitation for Western New York Armed-Forces Week (Public Disclaimer): All meetings are subject to change and By Councilmember Pitts, Michaux cancellation by th respective Chairmen of Council ADOPTED Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be NO. 116 meetings set up whereby the City Clerks Office is not made aware-, therefore, unless we receive notice from the BY: ANTOINE M. THOMPSON respective Chairmen, we can only make notification of what we are made aware. Appointments Commissioner of Deeds No 121. That the following persons are hereby appointed as Adjournment Commissioner of Deeds for the term ending December 31, On a motion by Mrs. LoTempio, Seconded by Mr. Fontana, 2004, conditional, upon the person so appointed certifying the Council adjourned at 3:50pm under oath to their qualifications and filing same with the City CHARLES L, MICHAUX, III Clerk: CITY CLERK Lyneen Baugh-Richardson Grover Brown Joanne Burdick Kathleen Callan James Chlebowy Martin Eve Satina Heard Ramona Lee Louis Perfetto Jr Arthur Tillman Jr James Turner Total: 11 ADOPTED No. 117 BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the Jeffrey Christ William Greeley Lisa Janczylik Kevin Kelley Angelo Sedita Megan Corbett Brian Higgins Lawrence Jasinski Jeremy O'Brien TOTAL 9 ADOPTED No. 118 Bf1o. Arts Comm.-Perm. Contract-Art in Public Places (C Dist) (#11,5/29) (CCP4146-6/12/01) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Fontana CARRIED Mrs. LoTempio now moved that the above item be received and filed Seconded by Mr. Fontana RECEIVED AND FILED AYES – BONIFACIO, DAVIS, FISHER, FONTANA, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS AND THOMPSON – 10 NOES – COPPLA, FRANCZYK AND GOLOMBEK - 3 No. 119 P. Casilio-Comments-Guardian Angel Structure (#'A- I 1/ 12/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved that the above item be received and filed, Seconded by Mr. Fontana RECEIVED AND FILED AYES – BONIFACIO, DAVIS, FISHER, FONTANA, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS AND THOMPSON – 10 NOES – COPPLA, FRANCZYK AND GOLOMBEK - 3 NO. 120