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HomeMy WebLinkAbout03-0401 No. 7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 1, 2003 MAYOR Hon. Anthony M. Masiello DEPUTY COMPTROLLER Andrew SanFilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant-Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS No. 2 Results of Bid COMMON COUNCIL Robert B. Adam Ramp Expansion CITY HALL - BUFFALO Elevators TUESDAY, APRIL 1, 2003 The City of Buffalo Board of Parking advertised for bidders AT 2:00 P.M. for elevators for the Robert B. Adam Ramp Expansion on March 3, 2003. A public bid opening was held on March 25, PRESENT - James W. Pitts President of the Council, 2003 at 11:00 a.m. in the offices of the Board of Parking, 1801 and Council Members Bonifacio, Coppola, Davis, Fisher, City Hall. The results are as follows: Fontana, Franczyk, Golombek, Grant , LoTempio, Contract No. 106 Elevators Martino, and Thompson - 12. BIDDERS ABSENT – Gray - 1 I . ThyssenKrupp Elevator 55 Benbro Drive Buffalo, NY 14225 On a motion by Mrs. LoTempio, seconded by Mr. $530,200 Fontana, the minutes of the stated meeting held on March 18, 2. Schindler Elevator Corp. 2003 were approved. 80 Curtwright Drive - Suite 3 Williamsville, NY 14221 FROM THE MAYOR - EXECUTIVE DEPARTMENT $762,750 3. Otis Elevator Company FROM THE BOARD OF PARKING 354 Sonwill Drive Buffalo, NY 14225 No. 1 $935,312 Results of Bid At this time we recommend the following contract be awarded Owen B. Augspurger Ramp to the lowest responsible bidder, at the following listed bid: Addition Contract 10 1 Demolition ThyssenKrupp Elevator of 47 W. Huron Street 55 Benbro Drive The City of Buffalo Board of Parking advertised for bidders Buffalo, NY 14225 for the demolition of 47 W. Huron on February 17, 2003. A $530,200 public bid opening was held on March 25, 2003 at I LOO a.m. The original estimate for this contract was $560,000. Fund for in the offices of the Board of Parking, 1801 City Hall. The this project are in the Parking Board's bond account 51019046 results are as follows: 445 100. Contract No. 101 Demolition of 47 W. Huron Mrs. LoTempio Moved: BIDDERS That the above communication from the Board of Parking dated 1. Ontario Specialty Contracting, Inc $437,102 March 25, 2003, be received and filed; and 333 Ganson Street -3,300 alt#1 That the Chairman of the Board of Parking be, and he hereby is Buffalo, NY 14203 $433,802 authorized to award a contract for the Robert B. Adam Ramp 2. Mark Cerrone Inc. $469,895 Expansion, Elevators, to Thyssen Krupp Elevator, the lowest 8467 W. Rivershore Dr - 16,000 alt #1 responsible bidder, in the amount of $530,200. Funds for the Niagara Falls, NY 14304 $453,895 project are available in Parking Board's bond account 5 3. Sabre Demolition Corp. $499,000 1019046 445 100. 137 S. Production Dr. - 10,000 alt #I Passed. Avon, IN 46123 $489,000 AYES - 12 - NOES - 0 4. Pinto Construction Svcs. Inc. $497,018 1 Babcock Street -1, 000 alt # I FROM THE CITY PLANNING BOARD Buffalo, NY 14210 $496,018 5. Cambria Contracting $540,123 NO. 3 5105 Lockport Road -0 alt #1 SENECA BABCOCK REDEVELOPMENT Lockport, NY 14094 $540,123 PROJECT URBAN RENEWAL PLAN 6. Bianchi Industrial Svcs. $564,000 It is with pride and most hopeful expectations that we 208 Longbranch Rd - Suite 300 -0 alt #1 present for review and consideration the attached Copy of the Syracuse, NY 13209 $564,000 "Seneca Babcock Redevelopment Project Urban Renewal 7. Cleveland Wrecking Company $586,789 Plan". 85 E. Market St -5,200 alt #1 The Seneca Babcock Redevelopment Project area was found Buffalo, NY 14204 $584,589 to suffer from conditions of spreading slum and blight and was 8. Empire Dismantlement Corp. $626,710 formally designated for urban renewal treatment by the 78 Sawyer Road -39,000 alt #1 Common Council of the City of Buffalo on June 11, 2002, Tonawanda, NY 14150 $587,710 C.C.P. No. 107. 9. Titan Wrecking & Environmental $619,544 The Office of Strategic Planning, in cooperation with the 262 Woodward Avenue -0 alt #1 Buffalo Urban Renewal Agency, proposes to establish a PO Box 606 $619,544 long-term renewal program for the revitalization of the Seneca Kenmore, NY 14217 Babcock Redevelopment Project Area. This program will assist 10. Sicoli & Massaro, Inc. $654,800 in the elimination of existing signs of blight, slums, and M.P.O. Box 825 -18,000 alt #1 substandard conditions within the project area. The plan Niagara Falls, NY 14302 $636,800 features the establishment of a new low-impact light-industrial At this time we recommend the following contract be awarded Business Park, as well as an inspection and concentrated code to the lowest responsible bidder, at the following listed bid: enforcement program for all commercial industrial and other Contractor No. 10 1 -Demolition of 47 W. Huron non-residential properties within the project area. Ontario Specialty Contracting Inc. The City Planning Board has approved the Urban Renewal $437,102 Plan, February 25, 2003 after conducting a public hearing as 333 Ganson Street - required by General Municipal Law, and the Board's " Report 3,300 and Recommendations" relative to the Plan appears on the Buffalo, NY 14203 Common Council agenda of April 1, 2003. $433,802 The office of Strategic Planning, therefore, recommends your The original estimate for this contract was $698,074. Fund for approval and adoption of the Plan and respectfully requests this project are in the Parking Board's bond account 51019036 that you authorize the City Clerk to advertise a Notice of Public 445 100. Hearing and that your Honorable Body schedule a Public Mrs. LoTempio Moved: Hearing for the Plan to be hold on April 1, 2003. We have That the above communication from the Board of Parking dated attached, for your consideration and approval an appropriate March 25, 2003, be received and filed; and draft Notice of Public Hearing and a draft Resolution That the Chairman of the Board of Parking be, and he hereby is scheduling 'the hearing. authorized to award a contract for Owen B. Augspurger Ramp, REFFERED TO THE COMMITTEE ON COMMUNITY Contract 101 Demolition of 47 W. Huron Street, to Ontario DEVELPMENT Specialty Contracting, Inc., the lowest responsible bidder, in the amount of $433,802. Funds for the project are available in FROM THE OFFICE OF STRATEGIC PLANNING Parking Board's bond account 51019036 445100. Passed. No. 4 AYES - 12 - NOES – 0 B. Grant-B. White & O-Req Mayor return Money for Ken-Bailey Comm. Ctr., etc. Item No. 87, C.C.P. 3/18/03 until the deed conveying the property is filed in the Erie County The above referenced item was referred to the Office of Clerk's Office. Strategic Planning for comment. Please note that the An independent appraisal of the property was conducted by Department of community Services administers programming Nathaniel Benston of R.W. Bronstein Appraisal Corp. He has fo3 the Kensington-Bailey Community Center. I respectfully estimated the value of the property to be Three Thousand Five request that you direct this matter to Commissioner Donald Hundred Dollars ($3,500.00). The appraisal report has been Allen for his attention and response. reviewed by the Appraisal Review Board. They are in REFERRED TO THE COMMITTEE ON COMMUNITY agreement with the Appraiser's estimate of value and DEVELOPMENT recommend a sale price of Three Thousand Five Hundred Dollars ($3,500.00). NO. 5 Patrick and Christine Sullivan and Donald and Pamela B. Grant-"Let the Community Run Grzebielucha have agreed and are prepared to pay Three it's own Community Centers" Thousand Five Hundred Dollars ($3,500.00) for said property. Item No. 65, C.C.P. 3/18/03 They have also agreed to pay for the cost of the appraisal, The above referenced item was referred to the Office of transfer tax and recording fees. Strategic Planning for comment. Please note that the Also, attached to this communication is Part I of the SEQR Department of Community Services administers programming Project Information form, which was prepared by the project and funding for community centers, including the sponsors and Internal Review of SEOR Applicability prepared Kensington-Bailey Community Center. I respectfully request by the Office of Strategic Planning on behalf of the Common that you direct this matter to Commissioner Donald Allen for his Council as the Lead Agency. As a result of the initial project attention and response. review, it has been determined that the proposed project is not REFERRED TO THE COMMITTEE ON COMMUNITY subject to the Environmental Quality Review ACT DEVELOPMENT (ECL-8-0113). The proposed action has been determined to be an Action Listed Locally as Type 11. No. 6 I am recommending that Your Honorable Body approve the P. CROMWELL - M.H. YACHTING abandonment and sale of a portion of the Paper Street, South ‘GROG’ Pierece, in the amount of Three Thousand Five Hundred (Item No. 45, C.C.P. 02/04/03) Dollars ($3,500.00) and adopt the Initial Review of SEQR Please be advised that my staff and I met with Mr. Peter Applicability. I am further recommending that the Corporation Cromwell several months ago and afforded him the opportunity Counsel prepare the necessary documents for the transfer of to present his very ambitious proposal to construct a waterfront title and the Mayor be authorized to execute the same. patio restaurant known as "Grog" on the former Crawdaddy's REFERRED TO THE COMMITTEE ON COMMUNITY site. DEVELOPMENT I explained to Mr. Cromwell that BURA solicited Request for Proposals for the former Crawdaddy's site approximately I year NO. 9 ago. In addition, I explained that the property is currently tied-up Rescind Auction Sale 89 Clark in court. Item No. 91, C.C.P. 3/4/03 I did suggest to Mr. Cromwell that he explore the possibility of In the above referenced item Your Honorable Body locating his proposal at LaSalle Park or Gallagher Beach and I authorized the sale of 89 Clark Street to Ms. Leila Jamison and also recommended that he contact BERC to see if his plan Regina Evans of 89 Leonard Street, Buffalo, New York 14215, would fit in with the Inner Harbor Development. who were the highest bidders, in the amount of One Thousand If you have any questions regarding the above, do not hesitate Dollars ($1,000.00), plus a 10% buyer's premium for a total of to contact my office Eleven Hundred Dollars ($1,100.00). Ms. Jamison and Ms. REFERRED TO THE COMMITTEE ON COMMUNITY Evans submitted a deposited of Two Hundred Dollars. DEVELOPMENT Prior to the auction the water pipes broke inside the property causing severe damage to the walls and floors. The property NO. 7 was inspected and it has been determined that the building 42 South Pontiac should be demolished. SEOR - Negative Declaration Therefore, we are recommending that the Common Council Item No. 13, C.C.P. 1/21/03 rescind the sale, that the Two Hundred Dollar ($200.00) In the above referenced item Your Honorable Body approved deposit be returned to the proposed purchaser and that the the sale of 42 South Pontiac, a vacant lot, to Michael and property be returned to inventory and released for demolition. Stephanie Cacciatore for the construction of a single family Mrs. LoTempio Moved: home. That the communication from the Department of Strategic Under the Environmental Review Provisions of the State Planning, dated March 25, 2003, be received and filed; and Environmental Quality Review Act (ECL8-0113) the proposed That the Interim Executive Director of Strategic Planning be, action has been determined to be an Action listed Locally as and he hereby is authorized to rescind the sale of 89 Clark Type 1. Street to Ms. Leila Jamison and Regina Evans of 89 Leonard Attached is Part 1 prepared by the project sponsor Michael and Street, that the deposit in the amount of Two Hundred Dollars Stephanie Cacciatore. The Director of Real Estate has ($200.00) be returned and that the property be returned to completed Part 11 with the assistance of Mr. Greg Bernas, inventory and released for demolition. Assistant Environmental Program Coordinator and Richard Passed Stanton, BURA Legal Counsel. AYES - 12 - NOES - 0 I have taken the liberty of preparing for the Common Council, as Lead Agency, a Negative Declaration - Notice of No. 10 Determination of Non-Significance for your review and Transfer of Title, Urban Homestead Program adoption. 28 Ada (City Owned-vacant lot, 20' x 60') REFERRED TO THE COMMITTEE ON COMMUNITY The Office of Strategic Planning has surveyed the DEVELOPMENT city-owned vacant lot at 28 Ada Place, Buffalo, New York 14208, parcel is 20' x 60' in dimension; and it has been NO. 8 determined this parcel is inappropriate for either the Results of Negotiations for the Abandonment & Sale of construction of new housing or needed for public purposes. South Pierce - Paper Street Ms. Angeline Barton residing at 30 Ada Street, Buffalo, New Item No. 62, C.C.P. 1/7/03 York 14208 indicated she will clean, improve and maintain the Pursuant to Item No. 62, C.C.P. 1/7/03 Your Honorable lot in the event she obtains title to the property under the Urban Body authorized the abandonment and sale of a portion of Homestead Program. South Pierce (a Paper Street) to Patrick and Christine Sullivan The Division of Permit and Inspection Services and the of 70 Ashland and Donald & Pamela Grzebielucha of 40 South Division of Collections have been contacted There are no Pierece Buffalo, New York. The Sullivan's are requesting to property code violations, taxes or other liens owed to the City of purchase approximately 25' of frontage on Seward and Buffalo by the homesteader. approximately 275' of depth in order to alleviate problems with We, therefore, recommend the city-owned vacant lot be set back requirements on the proposed home they wish to build designated as a Homestead Property and b transferred to Ms. at 41 South Pierce. The Grzebielucha's have recently built a Angeline Barton on the condition the property is cleaned and new home and would like to purchase the remaining 25' in improved within (6) month and maintained in a sanitary manner. order to keep the subject property maintained, for extra yard Mrs. LoTempio moved That the City owned property commonly space and for security purposes. known as 28 Ada Place is hereby designated as Homestead The property is being sold subject to the permanent easements Property and that the Mayor be and he hereby is authorized to of record and that no permanent structures be built on or over execute a deed transferring said property to Ms. Angeline the easements. That the City retains a 100' of land from the Barton residing at 30 Ada Street for the amount of One Dollar water in order to satisfy the 100' setback requirement along the ($1.00) and no more, and all costs of transfer on the condition Buffalo Creek. Lastly, that the official closing, the abandonment the property is cleared and improved within six (6) months and of the Paper Street (South Pierce) does not become effective maintained in a sanitary manner. PASSED AYES - 12 - NOES - 0 AYES - 12 NOES - 0 No. 14 No. 11 Transfer of Title, Urban Homestead Program Transfer of Title, Urban Homestead Program 90 Brayton (City Owned-vacant lot, 30' x 99') 247 Bissell (City Owned-vacant lot, 30' x 105') The Office of Strategic Planning has surveyed the The Office of Strategic Planning has surveyed the city-owned vacant lot at 90 Brayton Street, Buffalo New York city-owned vacant lot at 247 Bissell Street, Buffalo, New York 14213, parcel is 30' x 99' in dimension; and it has been 14211, parcel is 30' x 105' in dimension; and it has been determined this parcel is inappropriate for either the determined this parcel is inappropriate for either the construction of new housing or needed for public purposes. construction of new housing or needed for public purposes. Mr. Dung A. Tran residing at 86 Brayton Street, Buffalo, New Mr. Albert E. Prince residing at 245 Bissell Street, Buffalo, New York 14213 indicated he will clean, improve and maintain the lot York 14211 indicated he will clean, improve and maintain the lot in the event he obtains title to the property under the Urban in the event he obtains title to the property under the Urban Homestead Program. Homestead Program. The Division of Permit and Inspection Services and the The Division of Permit and Inspection Services and the Division of Collections have been contacted There are no Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. Buffalo by the homesteader. We, therefore, recommend the city-owned vacant lot be We, therefore, recommend the city-owned vacant lot be designated as a Homestead Property and b transferred to Mr. designated as a Homestead Property and be transferred to Mr. Dung Tran on the condition the property is cleaned and Albert Prince on the condition the property is cleaned and improved within (6) months an maintained in a sanitary manner. improved within (6) months and maintained in a sanitary Mrs. LoTempio Moved: manner. That the above communication from the Office of Strategic Mrs. LoTempio Moved: Planning dated March 26, 2003, be received and filed; and That the City owned property commonly known as 247 Bissell That the city-owned property commonly known as 90 Brayton Street is hereby designated as Homestead Property and that Street, is hereby designated as Homestead Property, and that the Mayor be and he hereby is authorized to execute a deed the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Albert G. Prince residing t 245 transferring said property to Mr. Dung A. Tran, residing at 86 Bissell Street for the mount of One Dollar ($1.00) and no more, Brayton Street, for the amount of One Dollar ($ 1.00) and no and all costs of transfer on the condition the property is cleared more, and all costs of transfer, on the condition the property is and improved within six (6) months and maintained in a cleared and improved within six (6) months and maintained in a sanitary manner. sanitary manner. PASSED Passed. AYES - 12- NOES - 0 AYES - 12 - NOES - 0 No. 12 No. 15 Transfer of Title, Urban Homestead Program Transfer of Title, Urban Homestead Program 23 Boehm (City Owned-vacant lot, 30' x 105') 108 Coit (City Owned-vacant lot, 30' x 108') The Office of Strategic Planning has surveyed the The Office of Strategic Planning has surveyed the city-owned vacant lot at 23 Boehm Street, Buffalo, New York city-owned vacant lot at 108 Coit Street, Buffalo New York 14211, parcel Is 30' x 105' in dimension; and it has been 14206, parcel is 30' x 108' in dimension; and it has been determined this parcel is inappropriate for either the determined this parcel is inappropriate for either the construction of new housing or needed for public purposes. construction of new housing or needed for public purposes. Ms. Thelma V. Jones residing at 19 Boehm Street, Buffalo, Ms. Diane Kilanowski residing at 106 Colt Street, Buffalo, New New York 14211 indicated she will clean, improve and maintain York 14206 indicated she will clean improve and maintain the the lot in the event she obtains title to the property under the lot in the event she obtains title to the property under the Urban Urban Homestead Program. Homestead Program. The Division of Permit and Inspection Services and the The Division of Permit and Inspection Services and the Division of Collections have been contacted There are no Division of Collections have been contacted There are no property code violations, taxes or other liens owed to the City of property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. Buffalo by the homesteader. We, therefore, recommend the city-owned vacant lot be We, therefore, recommend the city-owned vacant lot be designated as a Homestead Property and be transferred to Ms. designated as a Homestead Property and b transferred to Ms. Thelma Jones on the condition the property is cleaned and Diane Kilanowski on the condition the property is cleaned and improved within (6) months and maintained in a sanitary improved within (6) month and maintained in a sanitary manner. manner. Mrs. LoTempio moved That the City owned property commonly REFERRED TO THE COMMITTEE ON COMMUNITY known as 108 Coit Street is hereby designated as Homestead DEVELOPMENT Property and that the Mayor be and he hereby is authorized to execute a deed transferring said property to Ms. Diane NO. 13 Kilanowski residing at 106 Coit Street, for the amount of One Transfer of Title, Urban Homestead Program Dollar ($1.00) and no more, and all costs of transfer on the 65 Bradley (City Owned-vacant lot, 25' x 110') condition the property is cleared and improved within six (6) The Office of Strategic Planning has surveyed the months and maintained in a sanitary manner. city-owned vacant lot at 65 Bradley Street, Buffalo, New York PASSED 14213, parcel is 25' x 110' in dimension; and it has been AYES - 12 NOES - 0 determined this parcel is inappropriate for either the construction of new housing or needed for public purposes. No. 16 Mr. Alfred and Mrs. Myrtle Drzewiecki residing at 69 Bradley Transfer of Title, Urban Homestead Program Street, Buffalo, New York 14213 indicated they will clean, 357 Fox (City Owned-vacant lot, 37' x 141') improve and maintain the lot in the event they obtain title to the The Office of Strategic Planning has surveyed the property under the Urban Homestead Program. city-owned vacant lot at 357 Fox Street, Buffalo, New York The Division of Permit and Inspection Services and the 14211, parcel is 37' x 141' in dimension; and it has been Division of Collections have been contacted There are no determined this parcel is inappropriate for either the property code violations, taxes or other liens owed to the City of construction of new housing or needed for public purposes. Buffalo by the homesteaders. Ms. Helen Panebianco residing at 351 Fox Street, Buffalo, New We, therefore, recommend the city-owned vacant lot be York 14211 indicated she will clean, improve and maintain the designated as a Homestead Property and b transferred to Mr. lot in the event she obtains title to the property under the Urban & Mrs. Drzewiecki on the condition the property is cleaned and Homestead Program. improved within (6) month and maintained in a sanitary manner. The Division of Permit and Inspection Services and the Mrs. LoTempio Moved: Division of Collections have been contacted. There are no That the above communication from the Office of Strategic property code violations, taxes or other liens owed to the City of Planning dated March 26, 2003, be received and filed; and Buffalo by the homesteader. That the city-owned property commonly known as 65 Bradley We, therefore, recommend the city-owned vacant lot be Street, is hereby designated as Homestead Property, and that designated as a Homestead Property and be transferred to Ms. the Mayor be, and he hereby is authorized to execute a deed Helen Panebianco on the condition the property is cleaned and transferring said property to Mr. Alfred and Mrs. Myrtle improved within (6) months and maintained in a sanitary Drzewiecki, residing at 69 Bradley Street, for the amount of manner. One Dollar ($ 1.00) and no more, and all costs of transfer, on Mrs. LoTempio moved That the City owned property commonly the condition the property is cleared and improved within six (6) known as 357 Fox Street is hereby designated as Homestead months and maintained in a sanitary manner. Property and that the Mayor be and he hereby is authorized to Passed. execute a deed transferring said property to Ms. Helen Panebianco residing at 351 Fox Street, for the amount of One Mrs. LoTempio Moved: Dollar ($ 1.00) and no more, and all costs of transfer on the That the City owned property commonly known as 219 condition the property is cleared and improved within six (6) Mackinaw Street is hereby designated as Homestead Property months and maintained in a sanitary manner. and that the Mayor be and he hereby is authorized to execute a PASSED deed transferring said property to Ms. Anita M. Skinner residing AYES - 12 NOES - 0 t 217 Mackinaw Street for the mount of One Dollar ($1.00) and no more, and all costs of transfer on the condition the property No. 17 is cleared and improved within six (6) months and maintained Transfer of Title, Urban Homestead Program in a sanitary manner. 127 Gibson (City Owned-vacant lot, 30' x 110') PASSED The Office of Strategic Planning has surveyed the AYES - 12- NOES - 0 city-owned vacant lot at 127 Gibson Street, Buffalo New York 14212, parcel is 30' x 110' in dimension; and it has been NO. 20 determined this parcel is inappropriate either the Transfer of Title, Urban Homestead Program f6i 331 Monroe (City Owned-vacant lot, 30' x109') construction of new housing or needed for public purposes. The Office of Strategic Planning has surveyed the Ms. Esther B. Rogala residing at 129 Gibson Street, Buffalo, city-owned vacant lot at 331 Monroe Street, Buffalo New York New York 14212 indicated she will clean, improve and maintain 14212, parcel is 30' x 109' in dimension; and it has been the lot in the event she obtains title to the property under the determined this parcel is inappropriate for either the Urban Homestead Program. construction of new housing or needed for public purposes. The Division of Permit and Inspection Services and the Ms. Tonya R. Barksdale owns and resides at 334 Adams Division of Collections have been contacted There are no Street, and owns the vacant lot at 336 Adams Street, which property code violations, taxes or other liens owed to the City of abut 331 Monroe Street. She has indicated she will clean, Buffalo by the homesteader. improve and maintain the lot in the We, therefore, recommend the city-owned vacant lot be event she obtains title to the property under the Urban designated as a Homestead Property and bc transferred to Ms. Homestead Program. Esther Rogala on the condition the property is cleaned and The Division of Permit and Inspection Services and the improved within (6) months and maintained in a sanitary Division of Collections have been contacted There are no manner. property code violations, taxes or other liens owed to the City of Mrs. LoTempio moved That the City owned property commonly Buffalo by the homesteader. known as 127 Gibson Street is hereby designated as We, therefore, recommend the city-owned vacant lot be Homestead Property and that the Mayor be and he hereby is designated as a Homestead Property and b transferred to Ms. authorized to execute a deed transferring said property to Ms. Tonya Barksdale, 334 Adams Street, Buffalo, New York 14212 Esther B. Rogala residing at 129 Gibson Street, for the amount on the condition the property is cleaned and improved within (6) of One Dollar (S 1.00) and no more, and all costs of transfer on months and maintained in a sanitary manner. the condition the property is cleared and improved within six (6) REFERRED TO THE COMMITTEE ON COMMUNITY months and maintained in a sanitary manner. DEVELOPMENT PASSED AYES - 12 NOES - 0 NO. 21 Transfer of Title, Urban Homestead Program NO. 18 220 Mulberry, 280' S High Lot Size: 25' x 100' Transfer of Title, Urban Homestead Program 224 Mulberry, 275' S High Lot Size: 5' x 100' 49 Ivy(City Owned-vacant lot, 30' x 109') The Office of Strategic Planning has surveyed the above The Office of Strategic Planning has surveyed the referenced city-owned vacant lots. city-owned vacant lot at 49 Ivy Street, Buffalo, New York 220 Mulberry is 25' x 100' in dimension and 224 Mulberry is 5' 14211, parcel is 30' x 109' in dimension; and it has been x 100' in dimension. These parcels are no needed for any determined this parcel is inappropriate for either the public purpose. construction of new housing or needed for public purposes. Mr. Brian K. Wilson and Mrs. Denise Wilson residing at 222 Mr. David Cunningham residing at 53 Ivy Street, Buffalo, New Mulberry Street, Buffalo, New York 14222 have requested to York 14211 indicated he will clean, improve and maintain the lot homestead these City lots, which are adjoining to their property in the event he obtains title to the property under the Urban on both sides. Homestead Program. The Division of Permit and Inspection Services and the The Division of Permit and Inspection Services and the Division of Collections have been contacted There are no Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. Buffalo by the homesteader. We, therefore, recommend the city-owned vacant lots at 220 We, therefore, recommend the city-owned vacant lot be and 224 Mulberry Street be designated a! Homestead designated as a Homestead Property and be transferred to Mr. Properties and be transferred to Mr. & Mrs. Wilson on the David Cunningham on the condition the property is cleaned and condition the properties are cleaned an( improved within (6) improved within (6) months and maintained in a sanitary months and maintained in a sanitary manner. manner. Buffalo Mrs. LoTempio moved That the City owned property commonly Mrs. LoTempio moved That the City owned property commonly known as 220 and 224 Mulberry Street are hereby designated known as 49 Ivy Street is hereby designated as Homestead as Homestead Property and that the Mayor be and he hereby is Property and that the Mayor be and he hereby is authorized to authorized to execute a deed transferring said property to Mr. execute a deed transferring said property to Mr. David Brian K. Wilson and Mrs. Denise Wilson residing at 222 Cunningham residing at 53 Ivy Street, for the amount of One Mulberry Street, for the amount of One Dollar ($1.00) and no Dollar ($1.00) and no more, and all costs of transfer on the more, and all costs of transfer on the condition the property is condition the property is cleared and improved within six (6) cleared and improved within six (6) months and maintained in a months and maintained in a sanitary manner. sanitary manner. PASSED PASSED AYES - 12 NOES - 0 AYES - 12 NOES - 0 NO. 19 No. 22 Transfer of Title, Urban Homestead Program Transfer of Title, Urban Homestead Program 219 Mackinaw (City Owned-vacant lot, 27' x 106') 775 North Division (City Owned-vacant lot, 25' x 105') The Office of Strategic Planning has surveyed the The Office of Strategic Planning has surveyed the city-owned vacant lot at 219 Mackinaw Street, Buffalo, New city-owned vacant lot at 775 North Division Street, Buffalo, New York 14204, parcel is 27' x 106' in dimension; and it has been York 14210, parcel is 25' x 105' in dimension; and it has been determined this parcel is inappropriate for either the determined this parcel is inappropriate for either the construction of new housing or needed for public purposes. construction of new housing or needed for public purposes. Ms. Anita M. Skinner residing at 217 Mackinaw Street, Buffalo, Ms. Dawn Murdock residing at 773 North Division Street, New York 14204 indicated she will clean, improve and maintain Buffalo, New York 14210 indicated she will clean, improve and the lot in the event she obtains title to the property under the maintain the lot in the event she obtains title to the property Urban Homestead Program. under the Urban Homestead Program. The Division of Permit and Inspection Services and the The Division of Permit and Inspection Services and the Division of Collections have been contacted. There are no Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. Buffalo by the homesteader. We, therefore, recommend the city-owned vacant lot be We, therefore, recommend the city-owned vacant lot be designated as a Homestead Property and be transferred to Ms. designated as a Homestead Property and be transferred to Ms. Anita Skinner on the condition the property is cleaned and Dawn Murdock on the condition the property is cleaned and improved within (6) months and maintained in a sanitary manner. improved within (6) months and maintained in a sanitary The Environmental Management Commission, under manner. Ordinance provisions, has been sent SEQRA material for the Mrs. LoTempio Moved: above captioned possible actions. In both instances it is That the above communication from the Office of Strategic proposed that properties very near the Buffalo River be Planning dated March 26, 2003, be received and filed; and transferred from City to private ownership for use as residential That the city-owned property commonly known as 775 North building lots. Division Street, is hereby designated as Homestead Property, Transfer of these parcels at this time is not appropriate. After and that the Mayor be, and he hereby is authorized to execute a many years of work, the Buffalo Local Waterfront Revitalization deed transferring said property to Ms. Dawn Murdock, residing Program (LWRP) will soon be officially adopted. The private at 773 North Division Street, for the amount of One Dollar uses proposed are not likely to be consistent with the binding ($1.00) and no more, and all costs of transfer, on the condition uses for the properties that will be established in the LWRP. the property is cleared and improved within six (6) months and For a number of reasons, the properties in question have been maintained in a sanitary manner. identified as environmentally significant in the Green Passed. Infrastructure Report prepared for the Commission and the AYES - 12 - NOES - 0 City. Potential public purpose uses for the properties have been reflected in a number of concrete proposals that have been put No. 23 forward by neighborhood groups, by Friends of the Buffalo Transfer of Title, Urban Homestead Program Niagara Rivers, and by others. Appropriate potential uses 531 Sherman (City Owned-vacant lot, 33' x 132') include use as public access to the River, use as part of the The Office of Strategic Planning has surveyed the long-proposed Greenway Corridor, use as a wildlife, habitat, city-owned vacant lot at 531 Sherman Street, Buffalo, New and water quality resource, and use for other important public York 14211, parcel is 33' x 132' in dimension; and it has been purposes. determined this parcel is inappropriate for either the For all the foregoing, it is unlikely that the adopted LWRP will construction of new housing or needed for public purposes. allow residential use, and likely that it will rule out transfer for Mr. Freddie Mae Staples residing at 527 Sherman Street, that purpose. Buffalo, New York 14211 has indicated he will clean, improve This proposed last minute transfer is unseemly and unwise. and maintain the lot in the event that he obtains title to the The Commission thus urges that, in the LWRP area, and until property under the Urban Homestead Program. the LWRP is adopted, the City make no transfer of City The Division of Permit and Inspection Services and the property to private hands where there might be conceivable Division of Collections have been contacted. There are no conflict with use standards which are likely to be put in place in property code violations, taxes or other liens owed to the City of the adopted LWRP. Buffalo by the homesteader. REFERRED TO THE COMMITTEE ON COMMUNITY We, therefore, recommend the city-owned vacant lot to be DEVELOMENT designated as a Homestead Property and be transferred to Mr. Freddie Mae Staples on the condition that the property is FROM THE COMPTROLLER cleaned and improved within (6) months and maintained in a sanitary manner. NO. 26 Mrs. LoTempio Moved: Audited Financial Statements of That the above communication from the Office of Strategic Buffalo Municipal Water Finance Authority For Years Planning dated March 26, 2003, be received and filed; and Ended June 30, 2002 and 2001 With Report of That the city-owned property commonly known as 531 Independent Auditors Sherman Street, is hereby designated as Homestead Property, This is to advise that copies of the Audited Financial and that the Mayor be, and he hereby is authorized to execute a Statements and Other Financial Information of the Buffalo deed transferring said property to Mr. Freddie Mae Staples, Municipal Water Finance Authority for the years ended June residing at 527 Sherman Street, for the amount of One Dollar 30, 2002 and 2001 with Report of Independent Auditors, Ernst ($1.00) and no more, and all costs of transfer, on the condition & Young, LLP, have been distributed to members of the the property is cleared and improved within six (6) months and Buffalo Water Board, each Councilmember, the City Clerk, the maintained in a sanitary manner. Mayor, the Comptroller, the Division of Accounting and the Passed. Budget Office. AYES - 12 - NOES - 0 This report is available as a public record for inspection by all interested parties, No. 24 Pursuant to Section 35 of the General Municipal Law, the Transfer of Title, Urban Homestead Program Common Council of the City of Buffalo may, at its discretion, 385 Woodlawn (City Owned-vacant lot, 30' x 105') prepare a written response to the report of external audit and The Office of Strategic Planning has surveyed the file such response with the City Clerk as a public record for city-owned vacant lot at 385 Woodlawn Avenue, Buffalo, New inspection by all interested persons. York 14208, parcel is 30' x 105' in dimension; and it has been REFERRED TO THE COMMITTEE ON FINANCE, determined this parcel is inappropriate for either the COMMISSIONER OF PUBLIC WORKS, PARKS AND construction of new housing or needed for public purposes. RECREATION, BUFFALO WATER BOARD Ms. Susie M. Smith owns and resides at 395 Woodlawn Avenue, and also owns the vacant lots at 393, 391, and 387 NO. 27 Woodlawn, which are all adjoining to 385 Woodlawn Avenue. Audited Financial Statements of She has indicated she will clean, improve and maintain the lot Buffalo Water Board in the event that she obtains title to the property under the For Years Ended June 30, 2002 and 2001 Urban Homestead Program. With Report of Independent Auditors The Division of Permit and Inspection Services and the This is to advise that copies of the Audited Financial Division of Collections have been contacted. There are no Statements and Other Financial Information of the Buffalo property code violations, taxes or other liens owed to the City of Municipal Water Finance Authority for the years ended June Buffalo by the homesteader. 30, 2002 and 2001 with Report of Independent Auditors, Ernst We, therefore, recommend the city-owned vacant lot to be & Young, LLP, have been distributed to members of the designated as a Homestead Property and be transferred to Ms. Buffalo Water Board, each Councilmember, the City Clerk, the Susie Smith on the condition that the property is cleaned and Mayor, the Comptroller, the Division of Accounting and the improved within (6) months and maintained in a sanitary Budget Office. manner. This report is available as a public record for inspection by all Mrs. LoTempio Moved: interested parties. That the above communication from the Office of Strategic Pursuant to Section 35 of the General Municipal Law, the Planning dated March 26, 2003, be received and filed; and Common Council of the City of Buffalo may, at its discretion, That the city-owned property commonly known as 585 prepare a written response to the report of external audit and Woodlawn Avenue, is hereby designated as Homestead file such response with the City Clerk as a public record for Property, and that the Mayor be, and he hereby is authorized to inspection by all interested persons. execute a deed transferring said property to Ms. Susie M. REFERRED TO THE COMMITTEE ON FINANCE, Smith, residing at 395 Woodlawn Avenue, for the amount of COMMISSIOER OF PUBLIC WORKS PARKS AND One Dollar ($1.00) and no more, and all costs of transfer, on RECREATION, BUFFALO WATER the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. No. 28 Passed. Certificate of Necessity AYES - 12 - NOES - 0 Capital Budget Amendment Authorization for Additional Capital Indebtedness NO. 25 We, Anthony M. Masiello, Mayor and Andrew A. Buffalo River Property Transfers SanFilippo, Deputy Comptroller, do hereby certify, pursuant Item No. 62, C.C.P. 1/7/03 to §20-28 of the Charter, that it is necessary to authorize an Item No. 13, C.C.P. 1/21/03 increase in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2003 for citizens will be based on the following income schedule for the the ensuing fiscal year, by adding the following item: 2004/2005 fiscal year tax roll: Capital Projects Proposed for Fiscal Year 2004/2005: (less than) Public Works-Engineering-Reconstruction of Vulcan Street 50% $21,500 $500,000 45% $22,500 RECEIVED AND FILED 40% $23,500 35% $24,500 NO. 29 30% $25,400 Certificate of Necessity 25% $26,300 Transfer of Funds 20% $27,200 Common Council - Legislative 15% $28,100 We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, 10% $29,000 Deputy Comptroller, do hereby certify, pursuant to §20-12 of 5% $29,900 the Charter, that it is necessary that the sum of $4,995 be Mrs. LoTempio moved: transferred and reappropriated within Common Council That the communication from the Department of Assessment Legislative, as set forth below: and Taxation, dated March 24, 2003, be received and filed; and From: That the Commissioner of Assessment and Taxation be, and Common Council Legislative - Councilmember # 13 she hereby is authorized to implement the new basic 50% 10 114001-415001 Auto Allowance $2,250 exemption level of $20,500 as more fully described in the above 10114004-458001 Transportation $ 810 communication for the disability exemption granted to eligible 10114004-458002 Meals & Lodging $1,125 disabled citizens based on the income schedule as more fully 10 114004-458003 Registration/Membership $ 810 described in the communication for the 2004/2005 fiscal year To: tax roll. Common Council Legislative Passed 10102006-432004 Engineering & Technical Services AYES - 12 - NOES - 0 $4,995 RECEIVED AND FILED No. 33 Senior Citizen Exemption FROM THE PRESIDENT OF THE COUNCIL The following change to Real Property Tax Law 467, Senior Citizen Exemptions, has been enacted by the State of New NO. 30 York effective with taxable status dates beginning on and after Appointment to the Buffalo January 1, 2003: Urban Renewal Agency Increase the maximum income ceiling for purposes of I am appointing Council Member Antoine Thompson to the qualifying for the 50% level of senior citizens exemption from Buffalo Urban Renewal Agency. "less than $20,500" to "less than $21,500." Mr. Thompson currently serves as the Chair of the Community This increase will also affect the "sliding scale" option Development Committee and will replace Ms. LoTempio on previously adopted by the City of Buffalo, raising the maximum BURA. income allowed to qualify for a senior citizen exemption from RECEIVED AND FILED "less than $28,900" to "less than $29,900." If your Honorable body adopts the authorized changes, it is No. 31 estimated that the financial impact to the city of Buffalo will be a J. Rose – Req. Mayoral Appt total of approximately $56,700 loss of revenue. This As we discussed earlier today, I am enclosing a newly printed Department's financial impact forecast is based upon copy of assumptions made in a review of previous year's senior citizen the letter I sent to Mayor Masiello last month, requesting an exemption applications. appointment to the Mayor's Task Force on Casino Gambling for The Department of Assessment and Taxation recommends myself, as well as an appointment for someone from Citizens that the new basic 50% exemption level of $21,500 be adopted. for Common Sense. The letter was hand delivered to the In the event that your Honorable body adopts this change as Mayor's office by Rev. Dan Schifeling, who was at that time the outlined, the senior citizen exemption granted to eligible senior Secretary of CACGEC. Dan also delivered a copy to Council citizens will be based on the following income schedule for the Member Thompson, while testifying before the Community 2004/2005 fiscal year tax roll: Development Committee of the Common Council. Proposed for Fiscal Year 2004/2005: (less than) Please note that since the time the letter was written, CACGEC 50% $21,500 conducted elections, and my title has changed. Rather than a 45% $22,500 Chairperson, CACGEC now has two Co-Chairpersons. I am 40% $23,500 one of the Co-Chairpersons and will represent the group 35% $24,500 externally. Dan Schifeling is the other Co Chairperson and will 30% $25,400 be chairing meetings of the group. I appreciate your willingness 25% $26,300 to appoint me to serve on the Task Force. I look forward to 20% $27,200 serving, and hope to focus some of the attention away from 15% $28,100 where and how to introduce a gambling casino, to the more 10% $29,000 basic question of whether we should be doing it at all. 5% $29,900 REFERRED TO THE MAYOR"S TASK FORCE ON CASINO Mrs. LoTempio moved: GAMING. That the communication from the Department of Assessment and Taxation, dated March 24, 2003, be received and filed; and FROM THE COMMISSIONER OF ASSESSMENT AND That the Commissioner of Assessment and Taxation be, and TAXATION she hereby is authorized to implement the new basic 50% exemption level of $21,500 as more fully described in the above No. 32 communication for the senior citizen exemption granted to Disability Exemption eligible senior citizens based on the income schedule as more The following change to Real Property Tax Law 459-c, fully described in the communication for the 2004/2005 fiscal Disability Exemptions, has been enacted by the State of New year tax roll. York effective with taxable status dates beginning on and after Passed January 1, 2003: AYES - 12 - NOES - 0 Increase the maximum income ceiling for purposes of qualifying for the 50% level of disability exemption from "less FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS than $20,500" to "less than $21,500." AND STREETS This increase will also affect the "sliding scale" option previously adopted by the City of Buffalo, raising the maximum No. 34 income allowed to qualify for a disability exemption from "less Report of Bids than $28,900" to "less than $29,900." City Court If your Honorable body adopts the authorized changes, it is Interior Renovations estimated that the financial impact to the city of Buffalo will be a Job No. 0322 total of approximately $6,500 loss of revenue. This I advertised for on March 5, 2003 and received the following Department's financial impact forecast is based upon sealed formal proposals for City Court, Interior Renovations, assumptions made in a review of previous year's disability which were publicly opened and read on March 19, 2003. exemption applications. Base Bid The Department of Assessment and Taxation recommends Alt #1 that the new basic 50% exemption level of $20,500 be adopted. BRD, Inc. $242,900 In the event that your Honorable body adopts this change as $5,000 outlined, the disability exemption granted to eligible disabled 82 Pearl, Buffalo, NY C H Byron Co. $288,000 award of the contract is not made by May 12, 2003. Individual $5,000 bid submissions are available in our office for inspection and 100 James, Tonawanda, NY copies are available upon request. See attached list of The Hadala Corp. $288,000 locations. Additional locations can be added upon request. $5,000 Mrs. LoTempio Moved: 325 That the above communication from the Commissioner of Grote, Buffalo, NY Public Works, Parks and Streets dated March 27, 2003, be C. Nichter, Inc. $303,000 received and filed; and $5,000 That the Commissioner of Public Works, Parks and Streets, 30 Wildwood, Lancaster, NY be, and he hereby is authorized to award a contract for City Picone Const. $324,000 Wide Tree Planting for Spring 2003, Group #608, to Gleason's $5,000 Nursery, Inc., in the amount of $51,649.95 ($46,954.50 Base 8680 Main, Williamsville, NY Bid + $4,695.45 10% unit price increase = Total Award New Era Const. $330,000 $51,649.95), the lowest responsible bidder. Funds for the $5,000 project are available in Capital Project Account #35310106- 200 Roosevelt, Tonawanda, NY 445100. Alt #2 Passed. Alt #3 AYES - 12 - NOES - 0 BRD, Inc $10,000 $15,000 No. 36 C H Byron Co. $10,000 Change in Contract $15,000 City Hall – Stair Tower & The Hadala Corp. $10,000 Fire Protection System Modifications $15,000 Fire Protection Work C. Nichter, Inc. $10,000 I hereby submit to Your Honorable Body the following $15,000 changes for City Hall, Stair Tower & Fire Protection System Picone Const. $10,000 Modifications, Fire Protection Work, Allied Fire Protection, C $15,000 #92010660. New Era Const. $10,000 1. Furnish and install (2) Simplex modules and tamper $15,000 switches. Alternate #1 is to furnish and install additional carpeting in the Add Chief Clerks Suite. Alternate #2 is for electrical construction. $10,568.50 Alternate #3 is for millwork upgrade to courtrooms. The foregoing change results in a net increase in the contract I hereby certify that the foregoing is a true and correct of Ten Thousand Five Hundred Sixty Eight and 50/100 Dollars statement of all bids received and that BRD Construction, with ($10,568.50). a base bid of $242,900.00, add Alternate #1 for $5,000, add Summary: Alternate #2 for $10,000, add Alternate #3 for $15,000, for a Current Contract Amount total bid amount of Two Hundred Seventy Two Thousand Nine $49,800.00 Hundred and 00/100 Dollars ($272,900.00) is the lowest Amount of This Change Order (#11) Add $ responsible bidder in accordance with the plans and 10,568.50 specifications. Revised Contract Amount I recommend that Your Honorable Body authorize the $60,368.50 Commissioner of Public Works, Parks & Streets to order the Costs have been reviewed by the Consulting Engineer work on the basis of the low bids. Funds for this project are (DiDonato Associates) and the Department of Public Works, available in CPF 35320806 445100 - Buildings. Parks & Streets and were found to be fair and equitable. Funds Mrs. LoTempio Moved: for this work are available in CPF 36322206 445100 - Division That the above communication from the Commissioner of of Buildings. Public Works, Parks and Streets dated March 20, 2003, be I request that Your Honorable Body authorize the received and filed; and Commissioner of Public Works, Parks & Streets to issue a That the Commissioner of Public Works, Parks and Streets, change order to the contractor as set forth above. be, and he hereby is authorized to award a contract for City Mrs. LoTempio Moved: Court, Interior Renovations, to BRD Construction, with a base That the above communication from the Commissioner of bid of $242,900.00, add Alternate #1 for $5,000, add Alternate Public Works, Parks and Streets dated March 20, 2003, be #2 for $ 10,000, add Alternate #3 for $15,000, for a total bid received and filed; and amount of $272,900.00, the lowest responsible bidder. Funds That the Commissioner of Public Works, Parks and Streets be, for the project are available in CPF 35320806 445100 and he hereby is authorized to issue change order No. 1, to -Buildings. Allied Fire Protection, an increase in the amount of $10,568.50, Passed. as more fully described in the above communication, for work AYES - 12 - NOES – 0 relating to City Hall -Stair Tower & Fire Protection System Modifications, Fire Protection Work, C #92010660. Funds for No. 35 this project are available in CPF 3 63 22206 445 100 - Division Report of Bids of Buildings. City Wide Tree Planting - Spring 2003 Passed This is to advise your Honorable Body that I have advertised AYES - 12 - NOES - 0 and received bids for Street Tree Planting Spring 2003, Gr. #608. In obtaining the above project I have asked bids for No. 37 forbids on a unit price covering the various items of work and Change in Contract material, which will be performed. The final cost of the work will Change Order No. I bc based on the actual measured quantities of materials P & J Construction Co., Inc., Gr. #552 entering into the work and may be either more or less than the Contract #92010428 total bid I hereby submit to our Honorable Body the following unit The following bids were received: price additions for the subject contract. This work is being done Base Bid Unit at the request of Councilmember Fontana whom has identified Price Increase CDBG funds to replace tree root damaged sidewalks in the Gleason's Nursery, Inc. $46,954.50 Lovejoy District. $51,649.95 Change Order #I 4780 Sheridan Dr., Williamisville, NY 14221 Academy (west) - Walden to Doat A.B.P. Concrete Construction, Inc. $47,939.00 Contract $52,732.90 Item Description Unit 3407 Delaware Ave., Suite 200, Kenmore, NY 14217 R05.204 Concrete Sidewalks - 4" Repl. Sq.Ft Titan Development Inc. $49,084.00 613.0101 Topsoil Cu.Yd $53,992.40 Unit Estimated Estimated 853 4 Seaman Rd., Gasport, NY 14067 Price Quantity cost I hereby certify that the lowest responsible bidder for the above R05.204. $3,00 6,361.9 $19,085.79 project is Gleason's Nursery, Inc. I respectfully recommend 613.0101. $35.00 26.12 $914.20 that your Honorable Body authorize a contract award in the Total amount of $51,649.95 ($44,954.50 Base Bid + $4,695.45 10% $19,999.99 unit price increase = Total Award $51,649.95). Funds for this Contract Summary work are in Capital Project Account #35310106-445100. The Original Contract Amount $793,385.12 engineer's estimate for this work is $48,000. Changer Order #1 $20,000.00 The attached is certified to be true and correct statement of the Total Contract $813,385.12 two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an I therefore request that Your Honorable Body approve this Augspurger Ramp, subject to the conditions as listed in the change in contract as reference above and authorize a transfer above communication. of CDBG funds in the amount not to exceed $20,000.00 from PASSED CDBG Account #26-03201 to our Capital Account #35310806. AYES - 12 NOES - 0 (see BURA Item 3b of February 27, 2003). I respectfully certify that this change order is fair and equitable NO. 40 for the work involved. "B. GRANT - F. MURRAY ~REQUEST Mrs. Lotempio Moved: EVALUATIONLREPLACEINENT OF CURBS & SIDEWALK That the above communication from the Commissioner of ON SHIRLEY AVENUE - EGGERT ROAD TO ORLEANS Public Works, Parks and Streets dated March 24, 2003, be STREET) received and filed; and ITEM #58, C. CP. MARCH 4, 2003 That the Commissioner of Public Works, Parks and Streets be, In response to the above mentioned subject, please be and he hereby is authorized to issue change order No. 1, to P advised that an on-site inspection dated March 7, 2003 & J Construction Co., Inc., an increase in the amount of revealed the following: $20,000.00, as more fully described in the above Concrete Sidewalk: Concrete sidewalk is basically old communication, for work relating to Damaged Sidewalks - infrastructure with approximately 10% of the damage Lovejoy District, C #92010428. That the Comptroller be, and he contributed to tree roots. hereby is authorized to transfer CDBG funds in the amount not Medina Curb: Curbing is old infrastructure with average reveal to exceed $20,000.00 from CDBG Account #26-03201 to of 2" 3". Capital Account #35310806 for this project. The above mentioned infrastructure is recommended for Passed replacement, however, there was no evidence of storm damage AYES - 12 - NOES - 0 clean-up as the cause. In addition, this location is not considered "unsafe". No. 38 Estimated Replacement Cost 1,800 lin.ft. x $66/lin.R. Closing, Abandonment and Sale of Flint Alley $118,800 U. S. Courthouse Project - Niagara Square The above location will be scheduled for replacement at the Item No. 37, C.C.P. 2/18/03 earliest opportunity when funds are available. If you have any Our department is in receipt of a request from the U.S. further questions regarding the above, please contact Michael General Services Administration (GSA) for the closing, Zera of our Construction Section at 851-5864. abandonment and sale of Flint Alley to facilitate construction of Very truly yours, the proposed new U.S. Courthouse on Niagara Sq. RECEIVED AND FILED We have no objection to this agreement. The site plan for this project, including the closing of Flint Alley, was approved by the NO. 41 Planning Board at their meeting of 1/ 14/03. 1, therefore, Statements made at the Common Council meeting of March recommend that Your Honorable Body authorize the closing, 18, 2003 and at the Community Development Block Grant abandonment and sale of Flint Alley between Delaware Ave. public hearing on March 24, 2003 indicate some missing and Mohawk St. as related to the Niagara Square U.S. information regarding the future operation of the Ed Saunders Courthouse project, subject to the following conditions: The (Kensington-Bailey) Community Center at 2777 Bailey Avenue. final closing and abandonment of Flint Alley does not become It is my understanding that the facility will be turned over to the final until the deed conveying the property from the City of Department of Public Works, Parks and Streets. This action Buffalo to the GSA is filed in the Erie County Clerk's Office would allow for the assignment of Recreation staff to present (legal description attached). The GSA, on behalf of the City of programming similar to program activity that is offered at the Buffalo, shall obtain suitable agreements with all public and seven other City of Buffalo community centers. private utility companies having utility mains or lines within the At no time was there any request made, or action taken to parcel to be closed and abandoned. These agreements shall suggest that the operation of the building be turned over to the be to either abandon said utility mains or lines or to provide Police Athletic League of Buffalo. acceptable easements for their repair and maintenance. It is possible that a transfer of the programs to the Parks Mrs. LoTempio Moved: Division could result in additional program activity by the Police That the above communication from the Commissioner of Athletic League based on the Memorandum of Understanding Public Works, Parks and Streets dated March 27, 2003, be between PAL and the Parks Department. However, the transfer received and filed; and of the Ed Saunders Community Center programs to the Police That the Commissioner of Public Works, Parks and Streets, Athletic League has never been a consideration in this matter. be, and he hereby is authorized to close, abandon and sell Flint REFERRED TO THE COMMITTEE ON COMMUNITY Alley between Delaware Avenue and Mohawk Street to the U,S. DEVELOPMENT General Services Administration to facilitate construction of the proposed new U.S. Courthouse on Niagara Square, subject to NO. 42 the conditions as listed in the above communication. ED SAUNDERS COMMUNITY CENTER Passed. After watching the Common Council Meeting of March 18, AYES - 12 - NOES - 0 2003 and after having the financial officer for the Police Athletic League of Buffalo, Thomas Franczyk, attend the Community NO. 39 Development Block Grant Meeting on March 24 th , 2003, in CLOSING AND ABANDONMENT-ASBURY ALLEY Council Chambers, it is imperative that we file a communication AUGSPURGER RAMP ADDITION PROJECT regarding the misinformation stated about the PAL of Buffalo at Our department is in receipt of a request from the Board of these two (2) events. At no time has the PAL ever asked the Parking asking for the closing and abandonment of Asbury City of Buffalo for the ownership or use of the Ed Saunders Alley, north of Huron St., to facilitate construction of the Community Center. Augspurger Ram addition. The Police Athletic League of Buffalo does not own any Our department has no objection to this request and the buildings; but does provide youth programs at city owned and Planning Board approved the site plan for this project, which city staffed Community Centers on a daily basis . Additionally, includes the abandonment of Asbury Alley on 2/25/03. PAL does programming when other community agencies or 1, therefore, recommend that your Honorable Body approve the organizations invite them or collaborate through grants to work closing and abandonment for the portion of Asbury Alley as with them to supplement youth opportunities in their facilities. shown on the attached survey and legal description. This As Director of Recreation, our department is willing to provide approval should be subject to the following conditions: services at the Ed Saunders Community Center building which 1 . The closing and abandonment portion of Asbury Alley is would be staffed and run by recreation professionals from the deeded to the City of Buffalo for expansion of the Augspurger 650 Union already employed with the Department of Public Ramp and the deed is filed with the Erie County Clerk's Office Works, Parks and Streets, Division of Recreation, therefore 2. The Parking Board, on behalf of the City of Buffalo, shall being able to provide the youth of the University district with obtain suitable agreements with a public and private utility structured recreational opportunities as provided in other companies having utility mains or lines within the parcel to be districts where city owned community centers exist. closed and abandoned. REFERRED TO THE COMMITTEE ON COMMUNITY 3. These agreements shall be to either abandon said utility DEVELOPMENT mains or lines or to provide acceptable easements for their repair and maintenance. NO. 43 Mrs. LoTempio moved: INCREASE IN CONTRACT CHANGE ORDER 92 That the above communication from the Commissioner of NIAGARA STREET PAVING Public Works, Parks and Streets dated March 27, 2003, be HARTFORD PAVING CORPORATION, GR. #598 received and filed; and CONTRACT #92010611 That the Commissioner of Public Works, Parks and Streets, I hereby submit to our Honorable Body the following increase be, and he hereby is authorized to close and abandon Asbury in contract for the above named Project. This change order Alley, north of Huron Street to facilitate construction of the was necessary for watermain work prior to overlaying of Niagara Street work including the repair of six (6) water vaults, adjustment of six (6) water main valves top sections to grade, REFERRED TO THE COMMITTEE ON CIVIL SERVICE and the installation of four (4) resurfacing rings. Contract Unit Estimated Estimated FROM THE COMMISSIONER OF POLICE Item Description Price Quantity NO. 48 Cost RAMPANT CRIMINAL ACTIVITY AT 90,500 Construction Lump Sum 1 FILLMORE/PECKHAM" 8,368.37 Allowances #152CCP MARCH 25,2003 Contract Summary In response to the aforementioned item, please be advised Original Contract Amount $398,275.00 that representatives of the Buffalo Police Department are Change Order # 1 $118,732.32 available to participate in any concerted effort to develop an Change Order 42 $8,368.37 "action plan" to address the issues outlined in the Total Contract $525,375.69 correspondence. Funds for this change order #2 were approved by the Water It is suggested that the "Save Our Streets" program, Division and permission is requested to transfer funds into our administered by Assistant Corporation Counsel Tiffany Perry Division of Engineering Bond Fund Account #34310606-445 would be an appropriate mechanism to coordinate such a 100. project. I hereby certify that this change order is fair and equitable for REFERRED TO THE SPECIAL COMMITTEE ON POLICE the work involved, and request that your Honorable Body REORGANIZATION. approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to NO. 49 Hartford Paving Corporation. SURVEILLANCE CAMERAS IN POLICE PATROL Mrs. LoTempio moved: VEHICLES That the above communication from the Commissioner of 122 CCP MARCH 4,2003 Public Works, Parks and Streets dated March 26, 2003, be In response to the aforementioned item, following is a received and filed; and synopsis of the status of patrol vehicle video surveillance That the Commissioner of Public Works, Parks and Streets be, cameras: and he hereby is authorized to issue change order No. 2, to A contract was awarded to Mobile Vision Incorporated in June Hartford Paving Corporation, an increase in the amount of of 2001 for the purchase of (7) Mobile Vision in-car video $8,368.37, as more fully described in the above systems. The award was soon thereafter challenged by a communication, for work relating to Niagara Street Paving, competitor, and the matter was referred to the Corporation Contract #92010611. Funds for this project are available in Counsel. Division of Engineering Bond Fund Account #34310606-445 Following the events of "9/11 ", needless to say, the 100. Department's priorities changed and much of the PASSED administrations attention was diverted to cutbacks, cost saving AYES - 12 NOES - 0 measures and the resultant layoffs. Be assured that the safety of our officers has always been and NO. 44 will continue to be a priority. As the planning and 2003 VACANT LOT MAINTENANCE AND implementation process of 1 -officer cars progresses, the issue MOWING PLAN of in-car video systems will be an important part of the The Mayor directed this department to work with the Office of discussions. Strategic Planning to develop a workable plan for maintaining REFERRED TO THE SPECIAL COMMITTEE ON POLICE vacant lots. I am pleased to submit our plan herewith. This plan REORGANIZATIM. involves assistance from almost all City departments, but most notably the Streets Division of this department, the Mayor's FROM THE CORPORATION COUNSEL Impact Team, and the Real Estate Division of Strategic NO. 50 Planning. MEMORIALIZE STATE LEGISLATURE FOR I wish to acknowledge the assistance of Darlene Vogel of the ALIENATION LEGISLATION FOR DR. GRACE Office of Strategic Planning for the development of this plan. MEMORIAL PARK REFERRED TO THE SPECIAL COMMITTEE ON STREETS Under the Buffalo Life Science's Complex project (the SERVICES Environmental Review for which was completed by the New York State Dormitory Authority and filed with the Common NO. 45 Council), two structures with a total gross square footage of USER FEE SYSTEM (COMPT.) approximately 484,000 square feet of new office space are ITEM # 13, CCP, MARCH 4, 2003 planned for the 6.77 acre site bounded by Carlton Street to the I have reviewed the list of "no bill" properties in question and north, New Virginia to the south, Elm Street to the east and have the following response: Ellicott Street to the west. The project is estimated to bring 1. Most of these properties are splits or combination changes about 282 new jobs to the Life Science's Complex. through the Assessment Department and now have new Within the project area is a.32 acre parcel owned by the City of property identification numbers and are being billed. Buffalo Urban Renewal Agency at the comer of Ellicott Street 2. A small percentage are "no garbage" properties, which and New Virginia Street. The parcel has a sign with the words include such things as underground communication Dr. Grace Memorial Park and has two park benches and some cables, railroad tracks, satellite disks, etc. most of which floral plantings. The parcel was acquired as part of a series of do not have an actual street address. To avoid future acquisitions pursuant to the Oak Street Redevelopment Project confusion, we are in the process of changing these under the Oak Street Urban Renewal Plan. The parcel has property codes from an "NB" no bill, to a "NG' no garbage. never been transferred to the City for maintenance as a park, or 3. The remaining few are coding errors for properties that are formerly dedicated as parkland, but has been held open to the combined in the garbage system only such as a vacant lot public as open space. combined to a property owners adjacent house. These are Under the Buffalo Life Science's project, the sponsors propose in the process of being coded correctly. to open up to the public "WJK Park and Gardens" on Carlton With regard to the monitoring of the tote system for these and Street as replacement open space for public enjoyment. WJK all user fee properties, we have a staff that continually conducts Park and Gardens is approximately 2 acres of recently street by street audits. This information is then sent to the user constructed gardens with pathways currently utilized as a fee office staff for updating. tranquil area for patients and visitors at Roswell Park Cancer REFERRED TO THE COMMITTEE ON FINANCE Institute. The replacement parkland would be open to the public during daylight hours as passive recreation space the same as NO. 46 it is now made available to patients and visitors at Roswell Park CERTIFICATE OF APPOINTMENT Cancer Institute. Appointment Effective March 17, 2003 in the It is respectfully requested that the Common Council Department of Public Works, Parks & Streets, Division of memorialize the State Legislature to allow the City of Buffalo Water to the Position of Caulker Supervisor I, Provisional, Urban Renewal Agency and the City of Buffalo to alienate any Promotion at the 2 nd step at the Starting Salary of "park" land interest within the .32 acre parcel at the comer of $37,357.00 Ellicott and New Virginia Street, with replacement park lands to Izydor Karbowski, 216 Rebecca Park, Buffalo, New York 14207 be made available at WJK Park and Gardens. REFERRED TO THE COMMITTEE ON CIVIL SERVICE REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 NO. 51 CERTIFICATE OF APPOINTMENT PURCHASE OF BUFFALO SABRES Appointment Effective: March 24, 2003 in the Please find enclosed for your review a copy of the Asset Department of Public Works, Parks & Streets, Division of Purchase Agreement received from the attorney for Thomas Water to the Position of Caulker Supervisor, Provisional, Gofisano. Pursuant to paragraph 6.1(e)(i) on pages 35 and 36, nd Promotion at the 2 step Starting Salary of $37,357.00 which are attached, the purchase is expressly conditioned upon Michael Rainero, 136 Carmel Road, Buffalo, New York 14216 various government approvals being obtained prior to closing. A target closing date of April 10, 2003 has been set. With respect The Corporation Counsel conferred with the Division of to the City of Buffalo, the purchaser seeks the following Collections and reports (as verified by that Division as of March commitments: 27, 2003) that the following nominees to the Pest Management 1 . Waiver of all ground rent due prior to closing. Ground rent Board has no outstanding debts to the City: accrues at the rate of $500,000 per year. The last payment James E. Hornung received was through August 31, 2001. The purchaser will pay James A. Smith the ground rent from the date of closing. REFERRED TO THE COMMITTEE ON LEGISLATION 2. The City of Buffalo waives any claim for reimbursement of infrastructure costs relating to development and construction in FROM THE COMMISSIONER OF PERMIT & INSPECTION the public right of way around the HSBC Arena. This relates to SERVICES the City's road construction and water and sewer he installation NO. 53 on Main Street in 1996 and 1997. A copy of the letter dated RESTAURANT DANCE CLASS III July 10, 1997, setting forth $1,333,088.44 in reimbursement 1108-1110 ELMWOOD eligible costs is attached hereto. Pursuant to Chapter 150 of the City of Buffalo Ordinances, 3. The City of Buffalo waives any claim to the Operating Fee please be advised that I have examined the attached under the Operating Agreement. The Operating Fee is application for a Restaurant Dance Class III License located at thirty-five percent (35%) of the net project revenue during the 1108-1110 Elmwood and find that as to form is correct. I have first fifteen (15) years of the term of the agreement and forty caused an investigation into the premises for which said percent (40%) of the net project revenue during the next fifteen application for a Restaurant Dance Class III license is being (15) years of the agreement. Pursuant to the Operating sought and according to the attached reports from the Zoning Agreement, if the net project revenue for any fiscal year is zero Office, Fire Department and Building Inspections, I find it or a loss, no operating fee is payable for the fiscal year. When complies with all regulations and other applicable laws. I have there is project revenue, the revenue is divided on the following caused an investigation by the Police Department into the percentage basis: State 44%, County 35% and City 21%. moral character of Dominic J. Massaro. The attached thereto There was net project revenue during the first year of the lease for Dominic J. Massaro d/b/a Mr. Goodbar (The Yellow Dogg, in 1997 only. In 1997, the City's Operating Fee share was Inc.). This request is submitted for your approval or whatever approximately $93,000 as a result of the prepayment of Naming action you deem appropriate. Rights revenue. This amount has not been paid to date. There REFERRED TO THE COMMITTEE ON LEGISLATION has been no net project revenue since 1997. 4. The City of Buffalo agrees to waive any transmission fee. NO. 54 Section 9.02 of the Operating Agreement provides for CALLC SECOND HAND DEALER to pay the City a transmission fee for the production or 1588 HERTEL AVE. transmission of information or communication signals through Pursuant to Chapter 254 of the City of Buffalo Ordinances, electronic facilities at the Arena. This does not apply to Sabres, please be advised that I have examined the attach application Blizzard, Bandits or NBA basketball games at the Arena. This for a Second Hand Dealer License located at 1588 Hertel and applies to events which are transmitted off-premises utilizing find that as to form is correct. I have caused investigation into equipment within the Arena. An event shall be deemed the premises for which said application for a second hand intended primarily for transmission off-premises rather than for dealer license is being sought and according to the attached an in-arena audience if gross admissions, concessions, reports from the Zoning Office, Fire Department and Building parking and other revenues derived from persons attending Inspections, I find it complies with regulations and other such event are less than twenty-five percent (25%) of the applicable laws. I have caused an investigation by the Police transmission revenues arising from such event. The Department into the moral character Fred Prozeralik. The percentage to be paid is the greater of five percent (5%) or the attached thereto for Fred Prozeralik d/b/a Fred Prozeralik percentage franchise fee imposed by the City pursuant to its Antiques. This request is submitted I your approval or whatever cable TV franchise contract. action you deem appropriate. 5. Release of approximately $3 10, 000 in condemnation REFERRED TO THE COMMITTEE ON LEGISLATION reserve funds held in BURA accounts to CALLC. All condemnation proceedings have been resolved some time ago. NO. 55 6. Elimination of the requirement to maintain reserve accounts USED CAR DEALER for the HSBC Arena. Pursuant to Chapter 254 of the City of Buffalo Ordinances, This would include debt service, operating and ticket reserve please be, advised that I have examined the attached accounts. The Law Department is seeking clarification on this application for a Used Car Dealer License located at 301 Bailey request. and find that as to form is correct. I have caused an 7. Elimination of any restrictions upon refinancing or liens upon investigation into the premises for which said application for a the HSBC Arena. The Law Department is seeking clarification used car dealer license is being sought and according to the on this request. attached reports from the Zoning Office, Fire Department and The existing lease structure and Non-Relocation Agreement Building Inspections, I find it complies with all regulations and would remain in effect except for the items noted above. The other applicable laws. I have caused an investigation by the Operating Agreement provides that Crossroads Arena Limited Police Department into the moral character of Michael Liability Corporation will keep, maintain, repair and equip the Milosevski. The attached thereto for Michael Milosevski d/b/a HSBC Arena in good and safe operating order and condition; Milo's Auto Sales Inc. This request is submitted for your will occupy, use and operate the Arena in the manner for which approval or whatever action you deem appropriate. it was designed and intended and will make all replacements, REFERRED TO THE COMMITTEE ON LEGISLATION renewals and repairs thereto. In addition, all replacements, renewals and repairs must be equal in quality, class and value NO. 56 to the original work and equipment and must comply with all USED CAR DEALER governmental codes. These Sabres' obligations will remain in 549 TONAWANDA effect. Pursuant to Chapter 254 of the City of Buffalo Ordinances, The purchaser is also asking the City of Buffalo to grant it the please be advised that I have examined the attach application right of first refusal during the remainder of the term of leases for a Used Car Dealer License located at 549 Tonawanda and to operate City-owned parking lots within a four (4) block area find that as to form is correct. I have caused investigation into of the HSBC Arena on terms no less favorable than terms the premises for which said application for a used car dealer granted to other operators. This would include the Webster license is being sought and according the attached reports Block and three (3) parking lots located on the west side of the from the Zoning Office, Fire Department and Building Aud. The City of Buffalo has an existing lease with Allright Inspections, I find it complies with regulations and other Parking Inc. for the Webster Block that expires June 30, 2004. applicable laws. I have caused an investigation by the Police The City of Buffalo receives the sum of $10,775.17 monthly Department into the moral charac of Mehdi Hakiqi. The from this lease. The operation of the remaining three (3) lots is attached thereto for Mehdi Hakiqi d/b/a Medi's Auto Sales. This in the process of being bid out. Bids are scheduled to be request is submitted for your approval or whatever action you received by the Board of Parking on Wednesday, March 26, deem appropriate. 2003. Mrs. LoTempio moved: Larry Quinn, the representative of the purchasing group, will be That the above communication from the Commissioner of present at a Council Committee meeting on Monday, March 31, Permit and Inspection Services dated March 19, 2003, be 2003 to discuss specific details of the proposal. received and filed; and RECEIVED AND FILED That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he NO. 52 hereby is authorized to grant a Used Car Dealer license to REVIEW OF NOMINEES FOR Mehdi Hakiqi d/b/a Medi's Auto Sales, located at 549 APPOINTMENT AND RE-APPOINTMENT Tonawanda. PEST MANAGEMENT BOARD PASSED C.C.P., 3/18/03, NO. I AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, 2002 through June 30, 2007 be and hereby is ratified and FONTANA, FRANCZYK, GOLOMBEK, GRANT, approved. LOTEMPIO, MARTINO, THOMPSON 11 NOES – PITTS - 1 PASSED AYES - 12 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE BUFFALO SEWER AUTHORITY NO. 57 CERTIFICATE OF APPOINTMENT No. 63 Appointment Effective March 24, 2003 in the Department of BSA Administration and Finance, Division of Parking Enforcement to Annual Report the Position of Assistant Operations Supervisor PERMANENT Enclosed is the Buffalo Sewer Authority's Annual Report for the APPOINTMENT AT THE MAXIMUM Starting Salary of 2001-2002 fiscal year. $34,975 If you would like to update your information for, or be removed from, this mailing list, please e-mail: evelynra,, sa. ci. buffalo. ny. us Carrie Genovese, 42 Hartwell Copy available in the City Clerks office for review RECEIVED AND FILED Road, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 58 CERTIFICATE OF APPOINTMENT NO. 64 Appointment Effective 2/28/03 in the Department of MINUTES FROM THE BOARD OFETHICS Administration & Finance, Division of Treasury to the Position 2/4/03 of Head Teller, Permanent Appointment at the 4th Step of $ 32645.00 Attached please find the minutes of the February 4, 2003 Carmen Lovullo, 444 Vorhees Ave, Buffalo 14216 Board of Ethics meeting. REFERRED TO THE COMMITTEE ON CIVIL SERVICE RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 65 NO. 59 LIQUOR LICENSE APPLICATIONS MEMORANDUM Attached hereto are communications from persons applying DEPARTMENT OF HUMAN RESOURCES for liquor licenses from the Erie County Alcohol Beverage "EEO REPORT" (#49 C.C.P. MAR. 18, 2003) Control Board. In response to your correspondence dated March 19. 2003 Address Business Name Owner’s regarding the above, it is true that there are no Asians in the Name Common Council and its related Functions. On February 12, 682 Main St. 8 Ball Laundry Lounge, Inc. P. Kelleher, 2003, a memo was sent to all Timekeepers requesting for owner confirmation of EEO information for each employee in their 1270 Clinton Riley’s Peek Inn Herbert respective departments. It was also requested that this Banks, Agent information be returned to me no later than February 18, 2003, RECEIVED AND FILED. as the updated EEO report Would be distributed at the Civil Service Committee meeting on February 19, 2003. NO. 66 Unfortunately, the Common Council's updated report was not LEAVES OF ABSENCES WITHOUT PAY received in Human Resources until February 20, 2003, a copy of which is enclosed for your convenience. I transmit herewith notifications received by me, reporting At the Civil Service Committee meeting it was made clear that the granting of the leaves of absence without pay, in the various the EEO report was not complete that we were still waiting for departments as listed: confirmation from several departments-, and all changes Mayor/Executive: Steven Woroniak, Strat. Plan. received after February 19, 2003 Would be reflected in the next Police: Ronny Blatchford (Military) EEO report. Fire: William Biondolillo (Military) Thank you for responding with the Council's current EEO RECEIVED AND FILED. information. If you have any additional questions or concerns, please feel free to contact me at 851-5912, NO. 67 REFERRED TO THE COMMITTEE ON CIVIL SERVICE REPORTS OF ATTENDANCE I transmit herewith communications received by me, from NO. 60 the various boards, commissions, agencies and authorities MEMORANDUM reporting the membership INTERNATIONAL ASSN BLACK FIREFIGHTERS attendance at their respective meetings: #76 CCP MAR 18,2003 Buffalo Sewer Authority 3/19/03 I am in receipt of the copy of correspondence from Michael RECEIVED AND FILED. Brown. In that this matter is still under administrative review it would be NO. 68 inappropriate for me to make any comment on the issue at this NOTICES OF APPOINTMENTS-SEASONAL/FLAT time. I transmit herewith certificates received by me, reporting REFERRED TO THE COMMISSION ON CITIZEN RIGHTS seasonal and flat salary appointments made in various AND COMMUNITI SERVICES. departments. RECEIVED AND FILED. NO. 61 DEPARTMENT OF ASSESSMENT/TAXATION MEMORANDUM Appointment Effective March 17, 2003 in the Department of LL INTRO #2 2003 Assessment and Taxation to the position of Clerk-Seasonal DEPT OF HUMAN RESOURCES Appointment, at the flat starting salary of $8.00/hr. #141 CCP MAR 18,2003 Keiattiaye Chinn, 249 Hoyt St., Bflo. NY 14213 Reference is made to the proposed changes in the City DEPARTMENT OF PUBLIC WORKS, PARKS AND Charter regarding the Department of Human Resources. STREETS These changes are requested to address the Civil Service Appointments Effective April 2, 2003 in the Department of Division, which was inadvertently omitted at the time of the Public Works, Parks and Streets, Division of Streets, to the original adoption. position of Seasonal Laborer II, Seasonal, Non-Competitive, at I recommend and request that Council adopt the changes as the flat starting salary of $8.15/hr. submitted. Bart Stachoski, 400 Willett Ave., Bflo., NY 14206 RECEIVED AND FILED David Paul, 44 Pavonia St., Bflo, NY 14207 Appointment Effective April 1, 2003 in the Department of NO. 62 Public Works, Parks and Streets, Division of Streets, to the MEMORADUM OF AGREEMENT BETWEEN CITY OF position of Seasonal Laborer II, Seasonal, Non-Competitive, at BUFFALO the flat starting salary of $8.15/hr. AND THE PBA James Morris, 424 Hoyt St., Bflo., NY 14213 Attached please find enclosed the memorandum of Appointment Effective March 31, 2003 in the Department of agreement between the city of buffalo and the buffalo police Public Works, Parks and Streets, Division of Streets, to the benevolent association. position of Seasonal Laborer II, Seasonal, Non-Competitive, at Mrs. LoTempio moved That the Memorandum of Agreement the flat starting salary of $8.15/hr. between the City of Buffalo and the Buffalo Police Benevolent William George, 108 Cantwell Dr., Bflo, NY 14220 Association dated March 19, 2003 covering the period July 1, Appointments Effective March 28, 2003 in the Department of Michael Sacilowski, 49 Goodyear, Bflo, NY 14212 Public Works, Parks and Streets, Division of Streets, to the Appointments Effective March 17, 2003 in the Department of position of Seasonal Laborer II, Seasonal, Non-Competitive, at Public Works, Parks and Streets, Division of Streets, to the the flat starting salary of $8.15/hr. position of Street Worker, Permanent Appointment, Non- Ronald Sokolowski, Jr., 87 McKinley Pkwy., Bflo, NY 14220 Competitive, at the Minimum Starting Salary of $26,779. Mario DiBartolomeo, 467 Hinman Ave., Bflo., NY 14216 Darryl Balance, 161 Briscoe, Bflo, NY 14211 Appointment Effective March 27, 2003 in the Department of Mashi Booth, 373 E. Utica St., Bflo, NY 14208 Public Works, Parks and Streets, Division of Streets, to the Miguel Colon, 634 Plymouth, Bflo, NY 14213 position of Seasonal Laborer II, Seasonal, Non-Competitive, at Walter Cromer, 723 Woodlawn, Bflo, NY 14211 the flat starting salary of $8.15/hr. Jerome Jerozal, 27 Davey St., Bflo, NY 14206 Charles Sessa, 109 N. Ogden, Bflo., NY 14206 Ronald Link, 80 Reservation St., Bflo., NY 14207 Appointment Effective March 26, 2003 in the Department of Norman Rose, 17 Durham Ave., Bflo, NY 14215 Public Works, Parks and Streets, Division of Streets, to the Mark Staniszewski, 104 Harding Rd., Bflo, NY 14220 position of Seasonal Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $8.15/hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Karen Cassidy, 196 Mackinaw Street, Bflo, NY 14204 REMONSTRANCES Christopher Zgoda, 101 Ullman, Bflo, NY 14207 Appointment Effective March 25, 2003 in the Department of NON-OFFICIAL COMMUNICATIONS Public Works, Parks and Streets, Division of Streets, to the THE CIMINELLI CONSTRUCTION COMPANIES position of Seasonal Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $8.15/hr. NO. 70 Daniel Pugh, 41 Dempster St., Bflo, NY 14206 DOCUMENTS Appointments Effective March 24, 2003 in the Department of JOINT SCHOOL CONSTRUCTION BOARD Public Works, Parks and Streets, Division of Streets, to the Memorandum position of Seasonal Laborer II, Seasonal, Non-Competitive, at Attached are the following documents from the March 17, the flat starting salary of $8.15/hr. 2003 Joint Schools Construction Board Meeting. Mark Giardina, 243 Cumberland Ave., Bflo., NY 14220 Draft Agenda for meeting dated March 17, 2003 Joseph Hussar, PO Box 962, Bflo, NY 14220 Meeting Minutes from JSCB Meeting dated February 10, 2003 AKA 1331 Clinton, Bflo, NY 14206 Revised 2003 JSCB Meeting Schedule Michael Valenti, 572 Tacoma Ave., Bflo., NY 14216 2003 CareerPath Meeting Schedule Appointment Effective March 21, 2003 in the Department of Approved Application and Certificate for Payment No. I - Public Works, Parks and Streets, Division of Streets, to the September 2002 position of Seasonal Laborer II, Seasonal, Non-Competitive, at Approved Application and Certificate for Payment No. 2 - the flat starting salary of $8.15/hr. October 2002 Phillip Gaines, 25 Amsterdam, Bflo, NY 14215 Approved Application and Certificate for Payment No. 3 - Arbey Hill, 139 Proctor, Bflo, NY 14215 November 2002 Approved Application and Certificate for Payment No. 4 - NO. 69 December 2002 APPOINTMENTS-TEMPORARY, PROVISIONAL OR Approved Application and Certificate for Payment No. 5 - PERMANENT January 2003 I transmit hereby Appointments in the various departments Approved Application and Certificate for Payment No. 6 - made at the Minimum (Temporary, Provisional or Permanent) February 2003 and for Appointments at the Maximum (as per contract CareerPath Meeting Minutes Dated January 16, 2003 requirements.) Bevlar & Associates Inc. Construction Contract Monitoring and REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Compliance Services Monthly Report for Dr. Lydia T. Wright DEPARTMENT OF ADMINISTRATION AND FINANCE School of Excellence #89 - January 2003 Appointment Effective March 17, 2003 in the Department of Bevlar & Associates Inc. Construction Contract Monitoring and Administration and Finance, Division of Administrative Compliance Services Monthly Report for District Wide Adjudication, to the position of Legal Aide to the Bureau of Technology Project - Phase I and Phase 11 -January 2003 Administrative Adjudication, Provisional Appointment at the Resource Planning Associates, Inc. Construction Contract Minimum Starting Salary of $25,005. Monitoring and Compliance Monthly Report for Integrated Jessica K. Teresi, 474 Starin Ave., Bflo, NY 14216 Projects - February 2003 DEPARTMENT OF AUDIT AND CONTROL Workforce Development and Diversity Program Agreement Appointment Effective May 26, 2003 in the Department of Audit COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW and Control, Division of Audit, to the position of Assistant REFERRED TO THE COMMITTEE ON EDUCATION, Auditor, Temporary Appointment at the Minimum Starting of LOINT SCHOOL CONSTRUCTION BORD AND THE $30,922. CORPORATION COUNSEL Frank Barrile, 1013 Tifft St., Bflo., NY 14220 Appointment Effective March 19, 2003 in the Department of NO. 71 Audit and Control, Division of Audit, to the position of Senior FRANCHISE FEE CHANGES Auditor, Provisional Appointment at the Minimum Starting of I am writing to inform you that Adelphia's subscribers in your $36,028. community will soon see some changes on their bills with Gerald Smith, 1174 Kenmore Ave, Apt. 10, Bflo, NY 14216 respect to franchise fees. DEPARTMENT OF COMMUNITY SERVICES As you know, Adelphia's franchise agreement in your Appointments Effective March 17, 2003 in the Department of community requires Adelphia to pay franchise fees on certain Community Services, Division of Contract Administration, to revenues derived from its cable operations. As you may also the position of Attendant, Temporary Appointment at the flat know, federal law permits Adelphia to pass through to starting salary of $6.00/hr. subscribers the entire amount of such franchise fees. Michael Bogucki, 15 Wasson, Bflo, NY 14210 In the past, Adelphia has not passed through to subscribers Brian D. Watson, 811 Niagara, Bflo, NY 14213 the entire amount of the franchise fee. Accordingly, Adelphia Appointment Effective March 17, 2003 in the Department of will be correcting this pass-through to reflect the full amount of Community Services, Division of Contract Administration, to the franchise fee. Effective with subscribers' next billing the position of Supervisor, Temporary Appointment, at the flat statement, subscribers will see an increase in the line item starting salary of $6.50/hr. labeled "franchise fees," which will clearly reflect the total Adrian Paisley, 47 Gittere, Bflo, NY 14211 amount of the bill attributable to the franchise fees that we pay DEPARTMENT OF POLICE to you. For customers in the City of Buffalo, this change Appointment Effective March 24, 2003 in the Department of represents approximately a $0. 10 increase in franchise fees. Police, to the position of Cellblock Attendant, Provisional As always, should you have any questions concerning this Appointment at the Minimum Starting Salary of $26,458. notice, or any other matter pertaining to Adelphia's service, Craig Isch, 62 Como Ave., Bflo, NY 14220 please don't hesitate to contact me. Please feel free to direct DEPARTMENT OF PUBLIC WORKS, PARKS AND any customer calls regarding this change to my attention at STREETS 558-8545. Adelphia looks forward to continuing its mutually Appointment Effective March 10, 2003 in the Department of beneficial relationship with you and your community. Public Works, Parks and Streets, Division of Buildings, to the REFERRED TO THE SPECIAL COMMITTEE ON position of Heating Equipment Service Worker, Provisional TELECOMMUNICATIONS Appointment, at the Minimum Starting Salary of $28,179. Eric J. Patton, 704 McKinley Parkway, Bflo, NY 14220 NO. 72 Appointments Effective March 20, 2003 in the Department of Notice of Claim submitted by James Burnett Public Works, Parks and Streets, Division of Streets, to the Please file the attached item and refer to our Claims position of Street Worker, Permanent Appointment, Non-Committee for discussion Competitive, at the Minimum Starting Salary of $26,779. COPYA VAILABLE IN CITY CLERKS OFFICE FOR REVIEW Anthony Moye, 600 Sycamore St., Bflo, NY 14214 REFERRED TO THE COMMITTEE ON CLAIMS I moved from my old address since 1995 and have no NO. 73 knowledge that your office was looking for me. My name and ZOGBY POLL ON REGIONALISM phone number is listed on the phone book. Also, I have Mr. Lipsey has asked me to explain why, despite our enclosed a copy of my electric, gas, and copy of other constant striving to be good corporate neighbors and active correspondence that established my current address since community participants, we are journalistically unable to comply 1995. with your request of March 1 will hereby humbly request for a hearing to resolve this 11, 2003. matter. Thanks for your attention to this matter. As you know, journalists across the nation guard their right to RECEIVED AND FILED gather information by all legal means, without government interference, oversight, participation or even the implication or NO. 77 perception of government participation, with a nearly religious F. LAWRENCE fervor. This fervor is steeped in tradition and firmly embedded STOP SIGN WINSPEAR/NORTHRUP in the United States Constitution. NO TURN ON RED NORTHRUP The Zogby Poll, reported in the Dec. Buffalo News, is 30, 2001, The participants in the Winspear /Northrup Blockclub were proprietary news-gathering material, generated by the very happy to have Winspear re-paved last year and we would newsroom and commissioned by The Buffalo News for the sole like to reiterate our thanks to you for your interest in our purpose of producing a news story. That news story appeared neighborhood. We know that you have to deal with many of the in The Buffalo News, is a totally accurate reporting of the problems that present themselves daily and it is reassuring to material, and speaks for itself us that you are taking an active role to improve the quality of life I hope you can understand that the precedent of sharing any in our neighborhood. news-gathering information with a government body is a (1) May I draw your attention to a problem which I experienced precedent we cannot enter into, even if in a particular instance the other day: My husband and I were driving out of Northrup such as this, the news-gathering material is perfectly innocent into Winspear. The visibility was very bad, piles of snow and in nature. parked cars prevented us from seeing Winspear in the REFFERED TO THE SPECIAL COMMITTEE ON direction of Main Street. We finally dared to enter Winspear REGIONAL GOVERNANCE. and turn left when the street seemed to be clear, but in a split second a speeding car missed us by a hair when the driver NO. 74 swerved his car and we ours. We realized that we could have B. WILLIAMS DAMAGE TO CAR been killed then and there! But this situation has happened PARKED IN RAMP often before by many of us. It is just an accident waiting to Please file the attached information with the Buffalo happen.... Common Council for further action on the next Agenda. Thank We had often debated during our Block Club meetings that you for your assistance in this matter. there needed to be stop signs on Winspear near the entrance As you will note from the attached information, I have attempted to Northrup. Not only would the stop signs permit the drivers to resolve the matter pertaining to the damage incurred to the from Northrup to get out into Winspear without danger, but the Nissan Stanza without success. During the past several stop signs would also slow down the racing cars between Main months, I have hand delivered additional copies of this Street and Parkside! information and made numerous telephone calls to Mr. (2) Speaking of racing cars! We were, of course, very happy to Gallagher. Unfortunately, Mr. Gallagher has failed to return my receive a traffic light at the other end of East Northrup on Main calls and he has not responded in any manner to my claim. street. However, what happens now is that whenever that light As a result, I have filed this matter with the City Clerk's Office is red, cars and trucks alike turn into Northrup to cut through to for further review and action by the Members of the Common Winspear and race over the red brick street which is now in a Council. As the District Representative, it would be greatly terrible state. The 90 year old ladies who live on 54 Northrup appreciated if you would assist in the resolution of this matter. and have lived there nearly all their lives, tell us that there has Please contact me at (716) 510-7726 should you require never before been such a rumbling and racing and especially additional information. the big, speeding trucks that make their house vibrate, as now In reference to the attached correspondence, dated March 21, with the traffic light. 2002, please be advised that I have located a copy of the initial We think that there should be a speed limit for cars coming claim information regarding damage to my 1992 Nissan from down town on Main and turning right into East Northrup; Stanza. As you will note, there were two (2) separate claims, or perhaps a no turn on red sign, or some other solution to stop and the one for the 2001 Lincoln LS has been settled. the speeding down Northrup. Trucks should not be permitted to Please contact me at (716) 510-7726 should you require cut through. Of course, some students who live on Northrup further information. also choose to speed, so there should generally be a speed REFERRED TO THE COMMITTEE ON CLAIMS AND THE limit for the whole street and/or maybe a stop sign in the middle BUFFALO PARKING BOARD of it. There must be a solution to this problem. Northrup with its red brick street had always been a charming part of North NO. 75 Buffalo, but an old brick street cannot take such racing and BACK TO BASICS OUTREACH MINISTRIES heavy weights. It now has deep holes and many broken bricks. COMMUITY DEVELOPMENT BLCK GRANT 2003-2004 My son lives on 49 East Northrup, and my husband and I plan I am currently an Advisor to the Board of Directors for the to move back into 66 East Northrup; my daughter lives on 65 Back to Basics Outreach Ministries., which is located at 520 Winspear. We love this neighborhood. I thank you very much in Broadway Street, Buffalo, New York 14204. advance for putting in a good word for us with the traffic Back to Basics Outreach Ministries, Inc. provides well needed department. support services for the residents of Buffalo. It serves as an REFERRED TO THE COMMITTEE ON LEGISLATION AND agency of intervention for employment referrals, advice and COMMISSIONER OF PUBLIC WORKS, PARKS AND support group counseling for alcohol and substance abuse. STREETS. The continued funding from the Community Development Block grant will enable Back to Basics Outreach Ministries, Inc. NO. 78 to provide added services and support to better serve the D.MIMS – CONCERNS neighborhood community and city as a whole. 53 LEONARD ST. Thank you for your time and consideration given to this matter. Please file the following item with the Buffalo Common If you have any questions, please contact me at (716) 847-823 Council for the next full council meeting to be held on Tuesday, 1. April 1, 2003. REFERRED TO THE COMMITTEE ON COMMUNITY I'm the property owner and resident of 53 Leonard Street. I DEVELOPMENT have made complaints in the past about the sidewalk that crosses my driveway and down spout of the driveway. They are NO. 76 in serious need of repair. U. IHENKO The winter weather is now behind us and people are out more. REQ. HEARING Once again, I find myself worried about the safety of others. A The intent of this letter is to request for a hearing in regard to person could easily lose their footing, or a baby stroller could the above referenced summons. become unbalanced. Someone could be injured. Indeed, I was not aware that such an instrument was issued Councilmember, would you please refer my request for repairs until this month when, I received a telephone message on my to the proper channels. home answering machine asking that I contact City of Buffalo, REFERRED TO THE COMMITTEE CN LEGISLATION AND Office of Administration and Adjudication. Since my office is COMMISSIONER OF PUBLIC WORKS, PARKS AND located at City Hall, I thought it wise to stop over at your office STREETS. to find out what I had done wrong that your office was looking for me. On my visit on February 18, 2003, 1 was provided with NO. 79 a copy of a summon that was issued since 1998 that I was not C. RIGGIO aware of it. I was told that the summon was mailed to me about TURNER CARROLL HIGH SCHOOL three times to an address that is no longer current. Please file the following item with the Buffalo Common of Buffalo. The Task Force met throughout the summer and Council for the next full council meeting to be held on Tuesday, fall. Traffic control at HSBC Arena was an agenda issue, along April 1, 2003. with how those services would be funded. The Task Force did I do hope this letter finds you well and again, my not recommend the Sheriff's Office assume this function. husband and I would like to thank you for giving us the Your Resolution correctly states the Sheriff's Office provides opportunity to speak on Child Sexual Abuse at the exclusive traffic control at University District Community Asso. Meeting back in Ralph Wilson Stadium events. Prior to the present County September. lease agreement with the Buffalo Bills, part of the ticket and I write to you today with a different purpose in mind although, in parking revenues were paid to the County of Erie to provide this a sense, it still has to do with the future of our young people. and other County services at the stadium. In the present lease, I'm sure that over the past couple of weeks, you have heard Erie County, among other things, has assumed those financial about all that has happened at Turner Carroll High School with game day responsibilities. It is our understanding that the City the termination of our principal and one of our teachers. of Buffalo levies a $500,000.00 fee for ground rent at HSBC The future of our school does not look good and the board Arena. This revenue, along with any income from ticket or members, parents, teachers, and staff, have made a parking proceeds, might be considered to fund traffic control commitment to try to keep our school open by reaching out to costs. the community and city leaders for help. I welcome your comments and would be happy to meet with We have many good ideas in mind such as fundraisers and your honorable body to discuss this issue. other ideas on how to raise the money we need, but, we also REFERRED TO THE COMMITTEE ON FINANCE need to make people aware of Turner Carroll High School and what it has to offer the students who attend here and this is NO. 82 where I am asking for your help. REQ. FUNDING Turner Carroll is the only African-American Catholic high VULCAN ST REPAIR PROJECT school in our city and we as a family or Turner Carroll feel that We write to request $1 million in funding for Vulcan Street our children deserve the best education for their future and we repair project. Vulcan Street straddles the City of Buffalo and know that our school can offer them this opportunity, so we are Town of Tonawanda border. We suggest the Industrial Access asking that in whatever way you can, help us to tell people Program or the Multi-Modal Program as possible funding about Turner Carroll High School. sources. We greatly appreciate anything that you can do to help us, and Vulcan Street repair is facing increased costs to the original bid we would love for you to come visit our school anytime valued at $1,550,000. Cost overruns are in four major areas: so you can see for yourself what we are all about. We are land filling requirements for disposal of excavated material, located at 185 Lang Avenue, Buffalo, New York, 14215. You waterline work, railroad work, and changed field conditions. can reach us at 896-4911 Erie county proposed to cover these costs in an even three way RECEIVED AND FILED split of funding between Erie County, the City of Buffalo, and the Town of Tonawanda. We propose that the state pick up the NO. 80 city and town share. P. SEARCY CONCERNS The increased costs must be met in order to insure the long 67 ENGLEWOOD AVE. term safety and cost effectiveness of the current work. Please Please file enclosed correspondence for Tuesday, April 1, consider granting our request for S I million from the Industrial 2003 Common Council Meeting. Access Thank you for your attention to this matter. If you have any Fund in order to case the increasing burden on the local town questions, please feel free to contact my office. and city governments. My name is Peggy Searcy and I live at 71 Englewood Thank you for your attention to this matter. Avenue, Buffalo, New York. I am here because I need help RECEIVED AND FILED resolving issues at 67 Englewood Avenue. The undergraduate students at this home should be banded from living in the NO. 83 University Area. They are destroying the property and the M. KRAUSE neighborhood. Cars parked on the lawn, trash is all over the BRICKS IN THE BOWL PROJECT backyard and the side of the house, no respect for neighbors Please file the enclosed correspondence for the Council with their loud party music anytime of the day or night. Boldly meeting of April 1, 1-003. parking in my driveway, creating a problem for me to go to If you have any additional questions, comments or concerns work. Last Friday, March 2 1, a car was in my driveway and a please do not hesitate to contact me. young lady was so drunk that she could not locate her keys. I South Buffalo ALIVE is requesting permission to use a small could not get to work until 9:30 am, due to report to work at section of land on the side of the Shelter House in Cazenovia 8:20 am. I call the police and they ticketed the young lady Park for Our "Bricks in the Bowl" Project. We are sincerely before she located her keys. sorry for not conferring with you before hand but weren't aware There are 8 to 10 undergraduate students living in this 8 of the procedure needed to be followed. P.J. brought it to our bedroom home. Why are these students living in our attention. We have in fact, discussed the project with the neighborhood? Because UB does not have enough housing for Olmsted Conservancy and Council Member Mary Martino and students and they are not committed to Buffalo. Some of these both are supportive of our efforts. students are allowed on UB campus. The homeowner, (John With your permission, we would like to start the project in the Prise, 10040 Greiner Road, Clarence, New York), is spring. We plan to have sold one hundred bricks by that time responsible for renting to mature college students and he must and would like to place the bricks in the section as stated be responsible for the destruction of this neighborhood. above. We will be consulting with the Conservancy on a design Owning approximately 6 homes on Englewood, he must be plan that would compliment both the garden and the Shelter held liable. House. Warm weather is fast approaching and something must be We feel that the project will have a positive impact on the done. Take a ride down Englewood Avenue during the daytime community and will inspire the community to donate their time and look at the trash, homeowner repairs needed, homes that and money to improving the Park and park system in South should be painted. These homeowners are making excellent Buffalo. monies off these students. Then, ride down this area at Thank you for your kind consideration in this matter. Please nighttime during the weekend, see how the students park on contact me at your earliest convenience on this matter. the lawns and have parties. This is why individuals are moving REFERRED TO THE COMMITTEE ON LEGISILATION AND from Buffalo. If I cannot get any assistance, I will be one in that COMMISSIONER OF PUBLIC WORKS, PARKS AND number real soon. STREETS. I love my home once I am in the inside, but I hate the neighborhood. NO. 84 REFERRED TO THE COMMITTEE ON LEGISLATION, NY ROUTE 33, KENSINGTON EXPRESSWAY COMMISSIONER OF PERMITS/INSPECTIONS, NORTH AND SOUTH SERVICE ROADS COMMISSIONER OF POLICE, AND BUFFALO PARKING RETAINING WALL REPAIR AND RAILING REPLACEMENT BOARD. LANDSCAPE IMPROVEMENTS CITY OF BUFFALO, ERIE COUNTY NO. 81 PROJECT ID. NO. (PIN) 5512.41 HSBC ARENA This letter provides information on the above-referenced TRAFFIC CONTROL project along the NY Route 33, Kensington Expressway We are in receipt of your Resolution #1 56,CCP January 21, (Reverend Dr. Martin Luther King Jr. Expressway), and the 2003 "HSBC Arena Traffic Control" and, as requested by your adjacent service roads (Humboldt Parkway., Cherry Street and honorable body, am responding to its contents. BFNC Drive). An update on this project is being provided to The issue of traffic control at events at HSBC Arena has you at the request of Common Council Member Antoine previously been proposed and examined. In June of 2002, the Thompson for filing with the Common Council. Sheriff's Public Safety Task Force was formed to address The subject project (PIN 5512.4 1) is currently in the services provided by the Erie County Sheriff's Office in the City preliminary design stages and is not related to the expressway paving project (PIN 5512.36) which will begin construction this and west; Buffalo Wire Works manufacturing facility, ail auto Spring. wrecking Project Description: New York State Department of facility; and various transfer stations. Tile historic use of these Transportation PIN 5512.41 properties, then, is associated with industrial use consistent The New York State Department of Transportation is in the with its long-term M-2 Zone. preliminary design phases of this project which has been The northwest M-2 quadrant of the Project Area, then, has developed to address the deterioration of the retaining wall been and continues to be a vital, vigorous, active, and railing systems that border sections of the Kensington economically successful business area. Expressway. The project proposes replacing the existing Substandard and Insanitary Areas deteriorated railing systems with a more visually appealing In order for the City to designate the Project Area all urban alternative and minor narrowing of sections of Humboldt renewal area under GML Article 15, it must be established Parkway, Cherry Street, and BFNC Drive to provide aesthetic upon substantial evidence that tile proposed designated area is improvements and landscaping treatments between the substandard and Insanitary. GML §502(3). In defining what tile expressway retaining walls and these adjacent roadways terms "substandard or Insanitary" mean, GML §502(4) uses A community stakeholder meeting was held in July, 2002 to such terms as "slums", 'blighted", "deteriorating". Dictionary solicit input on the proposed project from area groups and city definitions of "blight" generally refer to something that impairs representatives. Department staff are currently developing growth. A true review of the businesses and business activities preliminary alternatives which we will present to area in the northwest M-2 quadrant of the Project Area shows that stakeholders and the general public to solicit further community this area cannot and does not fit into any of these definitions. input as the project design progresses. The northwest M-2 quadrant of the Project Area, which we Subsequent to the July, 2002 stakeholder meeting, the project have referred to, is neither substandard nor Insanitary. scope has been expanded to include resurfacing of these city Industries operating there presently generate income and real roadways and replacement of the city-owned light standards jobs and pay substantial taxes. Industries have, in fact, for which are mounted to the expressway retaining walls. These many years performed admirably in this area. It cannot be improvements were added to the project scope after gainsaid that this area is in any way substandard or Insanitary discussions with officials from the City Department of Public for business operations. Works. The City had also requested that the New York State We do understand that other proposed portions of the Project Department of Transportation consider incorporating additional Area include many dilapidated, blighted or uninhabitable improvements on the residential side of these roadways such residential homes which may be deemed substandard or as replacement of all light standards, sidewalk and snow Insanitary, but it cannot be said that the northwest M-2 storage improvements and additional tree plantings. These quadrant of the Project Area contains substandard or Insanitary potential improvements were also brought up by parties areas compelling an urban renewal designation. attending the community stakeholder meeting. Spreading Slum and/or Blight Conditions After careful consideration of these requests, we have informed The northwest M-2 quadrant of the Project Area we have the Department of Public Works that our project budget is discussed above does not reflect a "spreading slum or blight unable to support the cost of these additional improvements on conditions" as referenced in the Urban Renewal Plan. The the residential side of the roadways. However, we are, as Urban Renewal Plan itself states the Seneca-Babcock always, willing to partner with the City and the community to Redevelopment Project Area has experienced dramatic include any of these improvements to city facilities into our changes of use in the residential sites since 1950 and has had project, provided the cost for these additional improvements be economic disruption to its low-income, working-class funded by the city or community groups wishing to incorporate neighborhood. This may or may not be true and we provide no these improvements. comment oil that assertion. However, if residential blight is Additional public meetings will be scheduled 'in the coming found in this area, it Is nevertheless true that certain months as alternatives are developed. Construction on this businesses have thrived and continue to thrive in the northwest project is currently scheduled to begin in the Summer of 2004. M-2 quadrant of the Project Area. Further, it is true that this in If you have any questions, please contact David Hill, Senior the northwest corner of the proposed Project Area represents Design Engineer, at (716) 847-3229. an opportunity for future growth and development in the nature REFERRED TO THE COMMITTEE ON LEGISLATION AND of business parks and manufacturing, warehousing, and other COMMISSIONER OF PUBLIC WORKS, PARKS AND industrial uses. The "residential blight", then, referenced in the STREETS. City's Urban Renewal Plan has had little impact on the vitality of the industry in the M-2 Zone we have discussed or its No. 85 continued commercial viability. Seneca-Babcock Redevelopment Project Nor do the residential absentee- landlord rates referenced in Urban Renewal Plan and Designation under GML Article the Urban Renewal Plan apply to the industrial uses in the M-2 15 Zone. Seneca Babcock Redevelopment ProjectIn short, there are no "general conditions of blight" in the Please be advised that our firm represents 1070 Seneca northwest M-2 quadrant of the Project Street, Inc., the present owner of approximately 21 acres of Area that would support all urban renewal area designation for property at 1070 Seneca Street. This parcel is located in the this portion of the Project. northwest corner of the proposed Urban Renewal Area for the Urban Renewal Goals and Objectives Seneca Babcock Redevelopment Project which the City has Textbook urban renewal goals and objectives include proposed to designate as an "urban renewal area" under generating employment and enterprise opportunities for the General Municipal Law ("GML") Article 15 (the "Project Area"). local community and to foster private Investment in the The City's proposal is contained in the Urban Renewal Plan for redevelopment area. These goals will not be attained by the Seneca Babcock Street Project, dated November, 2002. including the northwest corner of the proposed Project Area This letter is submitted to provide comments on the proposed M-2 Zone we urban renewal area designation (as part of the public hearing to are discussing into the designated urban renewal area. This be conducted scheduled for April 1, 2002) for the Project Area. area profitably allows the operation of significant businesses For the reasons discussed below, the proposed inclusion of the employing many Buffalo citizens in the area and is one of the specific M-2 Zone presently located in the northwest quadrant few remaining areas in the city where heavy/commercial of the Project Area (a map identifying the northwest portion of industrial use is allowed. The urban renewal area designation, tile at least for industry, will certainly not foster at all private property which should not be subject to the Project Area is investment or generate employment, but rather will act as a attached hereto) Would be inappropriate, ultra and disincentive and accomplish exactly the opposite. vires, 1070 Seneca Street Goals arbitrary and capricious since the criteria for designating this Attached to this correspondence is a draft site plan setting, out portion of the Project Area for urban renewal Linder General potential future use of 1070 Seneca Street. As you can see, It Municipal Law Section 502(3) would not be fulfilled. We have contemplates multiple-tenant reuse of property representing no comment on the balance of the Project Area proposed to be significant private investment resulting in the generation of designated all urban renewal area. many jobs. Without the present M-2 zoning, in place with The property presently owned by 1070 Seneca Street, Inc. is reasonable zoning conditions attached, none of this will located in an area zoned M-2 General Industrial that is, as become a reality. I n the event the area, including the M-2 Zone discussed above, located in the northwest corner of the we have been discussing, becomes a designated urban proposed Project Area. This property has been zoned M-2 for renewal area, this will act as a disincentive to future private over 70 years. M-2 Zones presently allow uses as of right that investment for a manufacturing facility. While many may ignore Include uses, among others, such as manufacturing facilities, this fact, manufacturing and the jobs it provides constitute the foundries, rock, stone, and concrete crushing, manufacturing backbone of our economy. of clay products, grain elevators, power plants, saw mills, and The present property owners located in the northwest corner of other heavy manufacturing uses. Most of the property in this tile proposed Project Area, including 1070 Seneca Street, are M-2 Zone has been used for industrial, railroad, lumberyards, prepared to invest private funds (and already have) to provide and other similar uses since the early 1900's. tile opportunities and employment tile city should encourage. Present uses in this M-2 Zone include the City of Buffalo Conclusion Division of Engineering building; extensive railroads to the north There is no legal or factual basis by which the area located in I am writing to respectfully request that you file this tile northwest corner of the proposed Project Area should be correspondence from Ms. Tae Ciardi regarding the Casino with designated an urban renewal zone. The city lacks the statutory the Council for discussion at the next meeting dated April 1, basis under General Municipal Law Section 502(3)) and other 2003. provisions of Article 15 to exercise its discretion to designate If you have any questions, please do not hesitate to contact me this M-2 Zone area as an urban renewal zone since the area is directly at (716) 8 5 1 -5145. neither blighted or substandard or Insanitary. Rather, there is Dear Mr. Thompson: and has been for some time active, ongoing private investment Today's Buffalo News headlined with "Public Divided as in business in this area yielding jobs, taxes, and economic Senecas Press for Buffalo Casio." I am firmly opposed to recovery. casino gambling in downtown Buffalo. The enclosed letter to As described above, therefore, the proposed inclusion of tile the editor to the UB Spectrum that I authored summarizes my M-2 Zone located in the northwest quadrant of the proposed main points. Project Area would be inappropriate, ultra vires, and arbitrary Casinos should not be viewed as an economic development and capricious since the criteria for designating this portion of tool to help revitalize the downtown economy. The city should tile Project Area for urban renewal under General Municipal be working on attracting residents back to its city core, not Law Section 502(3) Would not be fulfilled. driving away residential development with a crime-attracting For all of the foregoing reasons, we respectfully request the casino. Communities with casinos have seen a net decline 'in City of Buffalo to exclude the M-2 Zone located in the northwest small bus Messes, the engine of job creation, and a net loss 'in quadrant of tile proposed Project Area from the urban renewal non-casino jobs. designation. Several parts of the compact are troubling, even to a layperson REFERRED TO THE COMMITTEE ON COMMUNITY like myself. First, the land that the casino is to be built on will DEVELOPMENT become a sovereign nation, a part of the Seneca Nation in perpetuity. Having sovereign land 'in the midst of a large NO. 86 metropolitan area is unprecedented; this could lead to FRIENDS OF THE BUFFALO unforeseeable problems in the future. Secondly, slat machines NIAGARA are unconstitutional in New York State, and the compact calls RIVERS for the Senecas to share revenues from slot machines with the SALE OF BUFFALO RIVER PUBLIC ACCESS LAND state and city. If video lottery terminals are 'installed instead, This memo has been written to urge all members of the City the Senecas could produce revenue that would not need to be of Buffalo Common Council move swiftly to shared with the state because video lottery terminals, recently 1) Pass a resolution staying the sale of 42 South Pontiac until approved at Buffalo Raceway, are not exclusive. you have completed the LWRP and city wide There are several local grass roots organizations including comprehensive plan. If it is found to be an appropriate action at Citizens for Common Sense, The New Millennium and Citizens that time, the sale can still be completed. Against Casino ambling 'in Erie County that all oppose casino 2) Designate remaining City owned open spaces in the gambling in downtown Buffalo. Seward/Ogden area as Parkland (red on maps below) I came to Buffalo two years ago to pursue a graduate degree at 3) Designate ALL paper streeft in the area, including Pontiac the University at Buffalo. Although there are pockets within the and Pierce streets, as Parkland and public access pouts and city that show promise, I do not plan on staying here after 4) Obtain options to purchase the privately held lots that graduation. The City of Buffalo lacks vision, and I fear that a interrupt the creation of a continuous greenway from casino in downtown will just be another mistake that citizens Stachowsla Park to the West Seneca border (purple on map will lament 'in years to come. below) REFERRED TO THE MAYORS TASK FORCE ON CASINO You may not be aware first hand of what a beautiful area this GAMING. strip along the Buffalo River near Ogden is. Local residents use it as their "park" and the area has been designated as NO. 88 11greenway" in many different reports prepared by the city and MEMORANDUM state over the List 15 years. Photos are attached for your KENSINGTON EXPRESSWAY reference. Dear Mr. Michaux III: For decades, City of Buffalo residents and the region as a I am writing to respectfully request that you file this whole have given the City's leadership a mandate to provide correspondence from Hon. State Senator Byron W. Brown clean water and public access to the City's waterfront. 11 sale regarding the Kensington Expressway with the Council for of 42 South Pontiac and the Pierce paper street are wholly discussion at the next meeting dated April 1, 2003. inconsistent with these goals as it destroys critical habitat If you have any questions, please do not hesitate to contact me areas, introduces new pollutant sources and allows the directly at (716) 8 5 1 -5145. construction of a wall of housing which serves as a physical, I wanted to update you on legislation that was passed this visual and security barrier to neighborhood river access. session regarding the designation of the Kensington With respect to the proposed sale of property at 42 South Expressway as "Reverend Dr. Martin Luther King, Jr. Pontiac and Pierce paper, we appreciate the city's attempt to Expressway". Both the Senate and the Assembly passed this meet the "letter of the law" and maintain title to the first I feet. legislation. I was the prime sponsor in the Senate and Deputy The Friends fought hard for the 100' setback and view it as an Speaker Arthur 0. Eve was the Assembly sponsor. The next important step in achieving waterfront goals. However, the 100' step is for Governor Pataki to sign this legislation into law. represents a minimum water quality protection measure. It was During this process the State Department of Transportation is not intended to eliminate the need for careful consideration of asking for a list of supporters of this name change. I have waterfront property public access and habitat protection values included your name on this list. The Department might contact prior to sale. you regarding your support to insure that the community is We know that the City is committed to going ahead with the supportive of this ceremonial name change. sale of 42 Pontiac to a city employee, continuing a tradition in If you have any questions, please do not hesitate to contact me this area of privileging individuals over the public go While the at my district Division of Planning indicated the motive for sale was to REFERRED TO THE COMMITTEE ON LEGISLATION generate additional income for the City, the Division of Real Estate: NO. 89 Did not try to maximize the value of the sale through public MEMORANDUM auction; NFTA INTERMODAL TRANSPORTATION FACILITY Used the lower limit of the appraised land value to set the sale Dear Mr. Michaux III: price; I am writing to respectfully request that you file this Did not consider the potential for public access to the site correspondence from Mr. Dan Barton of 172 Linwood Avenue &rough sale of the land to Enie County or a land trust in regards to the Intermodal Transportation Facility with the organization; and Council for discussion at the next meeting dated April 1, 2003. Did not weigh the value of one house against the increased If you have any questions, please do not hesitate to contact me property values across the neighborhood that would come from directly at (716) 8 5 1 -5145. the creation of new parkland Please do not let this Council's Councilmernber Thompson commitment to improved waterfront access and water quality Honorable ladies and gentlemen, be undermined- We ask that you move to protect these With yesterday's announcement that a revised intermodal properties and the integrity of the City's Local Waterfi7ont facility design will occupy the Donovan Office Building site the Revitalization Planning effort immediately! time is right to insist that the NFTA's intercity bus depot be REFERRED TO THE COMMITTEE ON COMMUNITY incorporated into the new design. To allow a new intermodal DEVELOPMENT facility to be built without the intercity bus component would be extremely shortsighted. Let's not fall into the trap of thinking NO. 87 "good enough is good enough". Without the intercity MEMORANDUM component the transit in the city will be disjointed and second CASINO rateL Do the right thing: INSIST ON A TRUE INTERMODAL Dear Mr. Michaux III: FACILITY FOR THE PEOPLE OF BUFFALO AND WNY! Dan Barton PETITION 172 Linwood Avenue C. TROTTER & O REQ CITY TRIM TREES ETC. FRUIT Buffalo, NY 14209 BELT NEIGHBORHOOD REFERRED To THE COMMITTEE ON LEGISLATION AND We, the residents, business owners and other stakeholders COMMISSIONER OF PUBLIC WORKS, PARKS AND in the Fruit Belt neighborhood (i.e. the area bounded by Main STREETS Street (from Best to Goodell), Best (from Main to the Expressway), the Expressway (from Best to Goodell) and NO. 90 Goodell (from the Expressway to Main)) have an urgent need J. ROSE-REQ. APPT MAYORS TF ON CASINO GAMING for improved tree trimming and removal services. Long periods February 24, 2003 of time lapse between tree trimmings, clean up and removal by On behalf of Citizens Against Casino Gambling in Erie County, the City of Buffalo ("City") in our neighborhood. In addition, I am writing to request an appointment to the Mayor's Task there are numerous trees in bad health that are quite weak and Force on Casino Gambling. I am aware, through your recent in some instances, have fallen on to homes and cars, causing public comments, that you have been thinking about the extensive property damage and creating an obvious safety potential downside of a casino in Buffalo, and I am sure you concern. Furthermore, there have been numerous instances would want to have that viewpoint fully represented in any where the City has incompletely trimmed and/or removed trees, discussion pertaining to that issue. We represent a significant leaving behind large branches and tree stumps. portion of the public on this issue, and as such we should be As a result, the trees, lawns and vacant lots in the Fruit Belt participating in these discussions. neighborhood have an unkempt appearance that blights the Joining us in opposing a casino in Buffalo are the New area and gives the impression that the City does not care about Millenium Group, Citizens for Common Sense, the Green Party this part of the City. of Erie County, and many religious organizations. The New In signing this petition, we are, therefore, requesting that the millenium Group is already represented on the Task Force. City immediately send sufficient crews to the Fruit Belt That should extend at least to our group and to Citizens for neighborhood to trim the trees, remove tree stumps left behind Common Sense. after tree removals performed by the City in the past, remove I would hope that broadening the representation on the Task unhealthy trees that cannot be saved, and remove large Force might help to broaden the scope of the discussion, so branches and fallen trees that resulted from past high wind that in addition to considerations of how and a casino storms. where REFERRED TO THE SPECIAL COMMITTEE ON STREETS might be brought to Buffalo, some discussion will address the SERVICES AND COMMISSIONER PUBLIC WORKS, question of a casino should be brought to Buffalo at whether PARKS AND STREETS. all. You and I disagree about this issue, but in the interests of good government, perhaps we can agree that all views should REGULAR COMMITTEES be represented at the table. CIVIL SERVICE Like the County Executive, you have shown in the past the (MARC A. COPPOLA, CHAIRPERSON) courage to change your mind when the facts justified it. NO. 98 Obviously I am hoping you will do that in this case. But APPOINTMENT whatever the final disposition of this issue, it cannot help but be SECY. TO COMPTROLLER (MAX) (COMPT.) improved by widening the discourse that informs it. (ITEM NO. 13-C.C.P. MAR. 18, 2003) I make this request in my capacity as Chairperson of Citizens That Communication 13, Mar. 18, 2003 be received and filed Against Casino Gambling in Erie County. If and when someone and the permanent appointment of Susan C. LoVallo stated else assumes that position, I would expect that the requested above at the maximum salary of $3 1,000 effective on March 3, appointment to the Task Force would pass to that person. 2003 is hereby approved. Sincerely, PASSED Joel SRose, Chairperson . AYES - 12 NOES - 0 PETITIONS NO. 99 NO. 91 APPOINTMENT E. BODINE, AGENT, USE 300 ELMWOOD-RESTATTRANT SUPV. AUDITOR (INTER) (COMPT.) ADDITION (HRG. 4/8) (ITEM NO. 14-C.C.P. MAR. 18, 2003) REFERRED TO THE COMMITTEE ON LEGISLATION, That Communication 14, Mar. 18, 2003 be received and filed DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING and the temporary appointment of Louis M. Biondi stated above BOARD AND CORPORATION COUNSEL. at the intermediate salary of $45,170 effective on March 12, 2003 is hereby approved. NO. 92 PASSED K. KRAUSS, AGENT, USE 197 ALLEN AKA 100 AYES - 12 NOES – 0 ELMWOOD FOR A TAKE-OUT RESTAURANT. (HRG. 4/8) NO. 100 REFERRED TO THE COMMITTEE ON LEGISLATION, APPOINTMENT DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING ENGINEERING INSPECTOR (INTER) (PW) BOARD AND CORPORATION COUNSEL. (ITEM NO. 26-C.C.P. MAR. 18, 2003) That Communication 26, Mar. 18, 2003 be received and filed NO. 93 and the provisional appointment of Robert Conigho stated J. PEARSON III, OWNER, USE 1338 KENSINGTON FOR above at the intermediate salary of $37,848 effective on March MOTORCYCLE REPAIR SERVICE. (HRG. 4/8) 12, 2003 is hereby approved. REFERRED TO THE COMMITTEE ON LEGISLATION, PASSED DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING AYES - 12 NOES - 0 BOARD AND CORPORATION COUNSEL. NO. 101 NO. 94 APPOINTMENT J. RUMSEY, AGENT, BENDERSON DEVELORMENT, GENERAL MECHANIC (MAX) (PW) REZONE 18 RAMSDELL R2 TO C 2- FOR RETAIL (ITEM NO. 27-C.C.P. MAR. 18, 2003) STORES. That Communication 27, Mar. 18, 2003 be received and filed (HRG. 4/8) and the permanent appointment of Thomas Cavanagh stated REFERRED TO THE COMMITTEE ON LEGISLATION, above at the maximum salary of $3 1,83 8 effective on March 3, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING 2003 is hereby approved. BOARD AND CORPORATION COUNSEL. PASSED AYES - 12 NOES – 0 NO. 95 J. ZACK, AGENT, USE 1081 ELMWOOD (PAN09S) FOR A NO. 102 PREP KITCHEN. (HRG. 4/8) APPOINTMENT REFERRED TO THE COMMITTEE ON LEGISLATION, ASST. CORP. COUNSEL/POLICE (MAX) (POL.) DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING (ITEM NO. 3 1 -C.C.P. MAR. 18, 2003) BOARD AND CORPORATION COUNSEL. That Communication 31, Mar. 18, 2003 be received and filed and the permanent appointment of Diane T. O'Gorman stated NO. 96 above at the maximum salary of $66,015 effective on March 6, B. CHASE, AGENT, USE 534 EL-MWOOD-RESTAURANT 2003 is hereby approved. (HRG. 4/8) PASSED REFERRED TO THE COMMITTEE ON LEGISLATION, AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING GOLOMBEK, LOTEMPIO, MARTINO - 7 NOES –DAVIS, BOARD AND CORPORATION COUNSEL. FISHER, GRANT, PITTS, THOMPSON - 5 NO. 97 NO. 103 B. DAVIS-R. SERRA-PRO PARK-CITY OWNED PKG. LOT APPOINTMENT BID FOR AUD LOTS 1,2,3 ACCOUNT CLERK-TYPIST (INTER) (FIRE) (CCP#62-MAR, 18, 03) (ITEM NO. 33-C.C.P. MAR. 18, 2003) That the above item be and the same hereby is received and That Communication 33, Mar. 18, 2003 be received and filed filed. and the permanent promotion of Barbara Zak stated above at ADOPTED the intermediate salary of $27,132 effective on March 10, 2003 is hereby approved. NO. 114 PASSED J. MCDUFFIE - REQ. CLOSURE OF SALE - 241 CEDAR AYES - 12 NOES - 0 STREET (B. DAVIS) (ITEM NO. 64, C.C.P., OCT. 15, 2002) NO. 104 APPT.-ASST. CORP. COUNSEL 11 (MAX) (LAW) That the above item be, and the same hereby is (CCP#37-MAR. 18, 03) returned to the Common Council without recommendation. That the above item be and the same hereby is received and Mrs. Grant moved that the above item be recommitted to i lie filed. Committee on Finance ADOPTED ADOPTED PASSED No. 115 AYES –BONIFACIO, COPPOLA, DAVIS, FISHER, Closure of Sale - 241 Cedar Street (Strat. Plan.) FONTANA, FRANCZYK, GOLOMBEK, GRANT, (Item No. 6, C.C.P., Nov. 12, 2002) LOTEMPIO, MARTINO- 10 -NOES - PITTS, THOMPSON - 2 That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 105 Mrs. Grant Moved: APPOINTMENT Grant moved that the above item be recommitted to the CHIEF BLDG. INSPECTOR (MAX) (PERMITS/INSP.) Committee on Finance. (ITEM NO. 42-C.C.P. MAR. 18, 2003) ADOPTED That Communication 42, Mar. 18, 2003 be received and filed and the temporary appointment of Frank L. DiGennaro stated NO. 116 above at the maximum salary of $48,704 effective on March 10, Comments Sale - 241 Cedar Street 2003 is hereby approved. (Item No. 63, C.C.P., Feb. 18, 2003) PASSED That the above item be, and the same hereby is returned to AYES - 12 NOES - 0 the Common Council without recommendation. Mrs. Grant Moved: NO. 106 Grant moved that the above item be recommitted to he NOTICES OF APPTS.-TEMP./PROV./PERM. (C. CLK.) Committee on Finance. (CCP#58-MAR. 18,03) ADOPTED That the above item be and the same hereby is received and filed. No. 117 ADOPTED B. Grant-J. Reznick-Tree Problem on Brinton St. (CCP#37-Feb. 4, 03) NO. 107 A. THOMPSON-M. BROWN-INTER. ASSN. OF BLACK That the above item be and the same hereby is referred to the PROF FIRE FIGHTERS Committee on Claims. (CCP#76-MAR. 18, 03) ADOPTED That the above item be and the same hereby is referred to the Commission on Citizen's Rights. No. 118 ADOPTED Red Helment Volunteers - Auxiliary Fire Dept. (Item No. 67, C.C.P., Feb. 18, 2003) NO. 108 That the above item be, and the same hereby is returned to EEO REPORT the Common Council without recommendation. (CCP#49-MAR. 18, 03) Mrs. Grant Moved: That the above item be and the same hereby is received and That the above mentioned item be and the same is hereby filed. received and filed. ADOPTED Adopted. NO. 109 Legislation LOCAL LAW INTRO. NO. 2 (2003) - DEPARTMENT OF HUMAN RESOURCES (Richard A. Fontana, Chairman) (ITEM NO. 14 1, C. C.P., MAR. 18, 2003) That the Local Law as contained in Item No. 141, C.C.P., March 18, 2003, be and the same hereby is approved. No. 119 PASSED J. Parrish, Petition to use 257 Virginia Street - Human AYES - 12 NOES - 0 Service Facility (Item No. 83, C.C.P., Mar. 18, 2003) FINANCE That the above item be, and the same hereby is, returned to the (BETTY JEAN GRANT, CHAIRPERSON) Common Council without recommendation. NO. 110 Mr. Fontana moved that the above item be recommitted to the RPT. OF FORMAL DEMO. BID(S) FOR BLDGS. AS Committee on Legislation. STATED IN DOC. (PERMITS/INSP.) ADOPTED. (CCP#49-FEB. 18, 03) That the above item be and the same hereby is received and No. 120 filed. J. Popiela, Petition to Use 920 Abbott - Illuminated Pole ADOPTED Sign (Item No. 84, C.C.P., Mar. 18, 2003) NO. 111 That the petition of J. Popiela, agent, for permission to use 920 RESPONSE-COUNCIL INQ. 2/21/03-TOPOR DEMO. RPT. Abbott for an illuminated pole sign be, and hereby is approved (PERMITS/INSP) on the condition that landscaping is provided at the base of the (CCP#3 2-MAR. 4, 03) sign. That the above item be and the same hereby is received and Passed. filed. AYES - 12 - NOES - 0 ADOPTED NO. 121 NO. 112 M. Hortie, Petition to Use 1021 Broadway - Ground Sign B. DAVIS-B. GRANT-ALLRIGHT PKG. & PRO. PARK BIDS (Item No. 85, C.C.P., Mar. 18, 2003) TO LEASE LOTS That the petition of M. Hortie, agent, for permission to use (CCP#54-MAR. 4, 03) 1021 Broadway for a ground sign be, and hereby is approved That the above item be and the same hereby is received and on the condition that annual flowers are to be planted at the filed. base of the ground sign. ADOPTED Passed. AYES - 12 - NOES - 0 NO. 113 NO. 122 D. Van Every-Req. Appt. as City Comptroller ADOPTED (CCP#87-Feb. 18, 03) That the above item be and the same hereby is received and No. 133 filed. A. Thompson-L. Patti-Opp. To Prop. Gas Station in TOPS ADOPTED Pkg. Lot (CCP#76-Mar. 4,03) NO. 123 That the above item be and the same hereby is received and Living Wage Update (Hrg.) filed. (CCP#227-July 24, 02) ADOPTED That the above item be and the same hereby is received and filed. No. 134 ADOPTED A. Thompson-L. Patti-Opp. To Prop. Gas Station in TOPS Pkg. Lot (Zng. Bd.) NO. 124 (CCP#9-Mar. 18, 03) Lead Agency Designation - American Water Services, Inc. That the above item be and the same hereby is received and (Item No. 126, C.C.P., Mar. 18, 2003) filed. That pursuant to the New York State Environmental Quality ADOPTED Review Act (SEQR) in accordance with 6 N.Y.C.R.R. Part 617.2, the Buffalo Water Board is authorized to accept the Community Development designation of Lead Agency Status for the Contract for Management of the Operation and Maintenance of the Buffalo (Antoine M. Thompson, Chairman) Water System by American Water Services. Adopted. No. 135 Amendment to Lease Agreement W/Option to Purchase NO. 125 495 Ellicott-BURA & Clos./Aband.-Rem, Port.-Asbury Alley-Augspurger Ramp Ellicott Lofts Add. Proj. (PW) (CCP#/146 -03/18/03) (CCP#29-Feb. 18, 03) That the above item be and the same is returned to the That the above item be and the same hereby is received and Common Council without recommendation. filed. RECOMMENDED BY THE COMMITTEE ON COMMUNITY ADOPTED DEVELOPMENT Antoine Thompson, Chairman NO. 126 A public hearing has been set, before the Common Council, at Secondhand Dealer - 2140 Seneca Street this regularly scheduled meeting, on the above item, and a (Item No. 39, C.C.P., Mar. 18, 2003) Notice of same has been published in the Buffalo News, a copy That pursuant to Chapter 254 of the City Code, the of which is attached hereto. Commissioner of Permit & Inspection Services be, and he On a motion by Mrs. LoTempio, seconded by Mr. Davis the hereby is authorized to grant a Second Hand Dealer license to item is properly before the Common Council, and the hearing is Kimberly Laratonda d/b/a Second Look at 2140 Seneca opened. Street. CARRIED. Passed. Appearances – Richard Straton BURA AYES – 12 - NOES - 0 Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Davis NO. 127 CARRIED. Used Car Dealer License - 2186 South Park Avenue That Ellicott Lofts and/or other legal entity to be formed was (Item No. 40, C.C.P., Mar. 18, 2003) duly designated as qualified and eligible Redeveloper by the That the above item be, and the same hereby is returned to Buffalo Urban Renewal Agency, is hereby approved as the the Common Council without recommendation. Redeveloper for Ellicott Lofts. That after a public hearing on Mr. Fontana Moved that the above item be recommitted to the April 1, 2003, the Mayor, the Chairman, Vice-Chairman, or any Committee on Legislation officer of the Buffalo Urban Renewal Agency are hereby ADOPTED. authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Amended NO. 128 Lease Agreement with Option to Purchase" to Ellicott Lofts Used Car Dealer License - 1021 Tonawanda and/or other legal entity to be formed in accordance with the (Item No. 41, C.C.P., Mar. 18, 2003) terms of said Agreement and for the consideration recited That pursuant to Chapter 254 of the City Code, the therein. Commissioner of Permit and Inspection Services be, and he That the lease agreement for the redevelopment for Ellicott hereby is authorized to grant a Used Car Dealer license to Lofts be amended to change the term of such lease from 30 Raymond Nuchereno d/b/a Nuchereno Auto Supply Inc., years o 36 years. located at 1021 Tonawanda. PASSED Passed. AYES - 12 - NOES - 0 AYES - 10 - NOES - 2 AYES – Bonifacio, Coppola, Davis, Fisher, Franczyk, NO. 136 Golombek, Grant, LoTempio, Martino and Thompson - 10 Amended Lease with Option to Purchase 495 Ellicott, NOES – Fontana and Pitts BURA & Ellicott Lofts (Item No. 6, C.C.P., Mar. 18, 2003) No. 129 That the above item be, and the same hereby is returned to the B. Grant-P. Searcy-Concerns-67 Englewood Ave. Common Council without recommendation. (CCP#59-Mar. 4,03) Mr.Thompson Moved: That the above item be and the same hereby is received and That the above mentioned item be and the same is hereby filed. received and filed. ADOPTED Adopted. No. 130 Education B. Grant-P. Searcy-Concerns-67 Englewood Ave. (Pol.) (Charley H. Fisher III, Chairman) (CCP#28-Mar. 18, 03) That the above item be and the same hereby is received and No. 137 filed. B. Grant-E. Gayles-Residency Policy-Bd of Ed ADOPTED (CCP#64-June 11, 02) That the above item be and the same hereby is received and No. 131 filed. B. Grant-P. Searcy-67 Englewood Ave. (Permits/Insp.) ADOPTED (CCP#38-Mar. 18,03) That the above item be and the same hereby is received and No. 138 filed. Keep School 57 & St. John Kanty Annex Open ADOPTED (CCP#123-Mar. 4,03) That the above item be and the same hereby is received No. 132 and filed. B. Grant-P. Searcy-67 Englewood Ave. (A&F) ADOPTED (CCP#43 -Mar. 18, 03) That the above item be and the same hereby is received and No. 139 filed. Keep School 57 & St. John Kanty Annex Open (CCP#50-Mar. 18, 03) Whereas: Troy & Banks charges nothing to conduct the audit That the above item be and the same hereby is received and and therefore the City would not need to expend any money to filed. have the audit conducted; and ADOPTED Whereas: Troy & Banks' fees are strictly paid based on their performance and out of the refunds and cost savings accrued Special Committees to the City; and Whereas: This represents a win-win situation for the City of POLICE REORGANIZATION & OVERSIGHT COMMITTEE Buffalo. Now therefore be it resolved: (Dominic J. Bonifacio Jr., Chairman) That the City enter into an agreement with Troy & Banks for the purpose of conducting an audit of the City's utility and No. 140 telecommunication accounts to identify, uncover, and resolve Police Service Within City of Buffalo claims and return any monies billed in error or overbilled, on the (CCP#146-July 23, 02) City's utility and telecommunication accounts as well as identify That the above item be and the same hereby is received and and implement any cost savings initiatives that would aid in filed. further reducing the cost of the City's utility and ADOPTED telecommunication bills. Be it further resolved: No. 141 That the Commissioner of Administration & Finance and the Info.-Rpt. Bflo. Police Dept/Erie Co. Sheriff Consolidation Acting City Comptroller respond to this request no later that the (Exc. Fin 2 Res.) next meeting of the Common Council on April 1, 2003. (CCP# I 07-Feb. 4, 03) REFERRED TO THE COMMITTEE ON FINANCE, That the above item be and the same hereby is received and COMMISSIONER OF ADMINISTRATION AND FINANCE, filed. COMPTROLLER, CORPORATION COUNSEL AND OFFICE ADOPTED OF TELECOMMUNICATION No. 142 NO. 147 C. Fisher-A. Middlebrooks-Conc. -Conditions-I 14 Locust BY: MR. COPPOLA St. (#83, 7/23) SALARY ORDINANCE AMENDMENT (CCP#l 12-Oct. 15, 02) 21 - FIRE That the above item be and the same hereby is received and 1133 - PREVENTION filed. 25 - HUMAN RESOURCES ADOPTED 1053 - EMPLOYEE RELATIONS NO. 143 The Common Council of the City Of Buffalo does ordain as LAW ENFORCEMENT CONSOLIDATION SYMPOSIUM follows: (EXC. FIN. 2 RES.) That part of Section I of Chapter 35 of the Code of the City of (CCP#171-NOV. 26,02) Buffalo, relating to 21 - Fire 1133 - Prevention and 23 - Human That the above item be and the same hereby is received and Resources 1053 - Employee which currently reads: filed. 21 - FIRE ADOPTED 1133 - PREVENTION 1 Account Clerk Stenographer $ 25,730 - $ 28,663 NO. 144 25 - HUMAN RESOURCES I. MACDONALD-NOISE CONCERNS-FOREST AVE. TO 1053 - EMPLOYEE RELATIONS POTOMAC SURR. BAYNES 1 Administrative Aide $25,005 -$ 27,859 (CCP#61 -MAR. 4,03) Is hereby amended to read: That the above item be and the same hereby is received and 21 - FIRE filed. 1133 - PREVENTION ADOPTED 1 Administrative Aide $25,005 -$ 27,859 25 - HUMAN RESOURCES NO. 145 1053 - EMPLOYEE RELATIONS I. MACDONALD-NOISE CONCERNS-FOREST AVE. TO 1 Confidential Secretary to the Commissioner of Human POTOMAC SURR. BAYNES Resources (CCP#29-MAR. 4, 03) $27,453 That the above item be and the same hereby is received and IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the filed. Charter, that the immediate passage of the foregoing ordinance ADOPTED is necessary. CALVIN G. WORTHY, COMMISSIONER OF FIRE and RESOLUTIONS LEONARD A MATARESE, COMMISSIONER OF HUMAN NO. 146 RESOURCES, hereby certify that the above change is BY: MR. COPPOLA necessary for the proper conduct, administration and AUDIT OF UTILITY BILLS FOR THE CITY OF BUFFALO performance of essential services of that department. We Whereas: Utility costs in Buffalo are some of the highest recommend that the compensation for said position be fixed at costs in the country; and the respective amount set forth in the foregoing ordinance. Whereas: Utility and communication costs consume a large That a personnel requisition incident to the creation of the portion of the City of Buffalo's budget; and above-mentioned position, containing a statement of the duties Whereas: The City of Buffalo seeks to review its utility and for Such position, has been filed with the Municipal Civil telecommunication expenditures to ensure proper billing, Service Commission, and said Commission has approved and account for errors and eliminate unnecessary costs through the certified the position title set forth in the foregoing ordinance as implementation of recommendations for the purpose of being the appropriate Civil Service title for the proposed streamlining those expenditures; and position. Whereas: the City of Buffalo hired Troy & Banks, Inc. to PASSED conduct an audit of its utility bills in 1998, for the purpose of AYES - 12 NOES - 0 reviewing them for errors and overbillings, and confirmation of APPROVED AS TO FORM proper rate assignments; and Corporation Counsel Whereas: Troy & Banks conducted the audit and successfully 03/25/2003 - Attachment recovered $2 million for the City of Buffalo, the Buffalo City Schools, and the Buffalo Municipal Housing Authority; and NO. 148 Whereas: Troy & Banks has been a leader in the auditing field BY: MR. COPPOLA for municipalities, businesses and organizations in recovering SALARY ORDINANCE AMENDMENT overbilled monies from the utility and telecommunication 31 - DEPARTMENT OF PUBLIC WORKS, PARKS & companies and implementing cost savings initiatives to further STREETS aid in reducing costs; and 1216 - STREET LIGHTING Whereas: Troy & Banks has audited such companies as The Common Council of the City Of Buffalo does ordain as Amtrak - nationwide, Fleet Boston Financial - nationwide, follows: ALLTEL Communications - nationwide, the New York State That part of Section I of Chapter 35 of the Code of the City of Police, Erie County, the N.F.T.A., Bausch & Lomb, the Buffalo, relating to 31 - Department of Public Works, Parks, & Rochester City Schools, the Towns of Amherst, Tonawanda, Streets, 1216 Street Lighting which currently reads: Cheektowaga, Colonie, Hempstead, Smithtown, Huntington, 1 Stenographer $ 24,440 - $ 27,120 and Southport and the City of Niagara Falls and has been Is hereby amended to read: successful in recovering millions of dollars in their efforts; and 1 Account Clerk Typist $ 25,005 - $ 27,859 Whereas: The City, in its current fiscal crisis, could use an infusion of funds; and IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the That the Common Council of the City of Buffalo hereby goes on Charter, that the immediate passage of the foregoing ordinance record in support of Assembly Bill #A5355 -"an act to amend is necessary. the labor law, in relation to granting governmental entities the JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC authority to require contractors and subcontractors on WORKS, PARKS & STREETS AND MICHAEL A. SEAMAN, construction contracts to have approved apprenticeship DIRECTOR OF BUDGET, hereby certify that the above agreements"; and change is necessary for the proper conduct, administration and Be it Further Resolved: performance of essential services of that department. We That the City Clerk be directed to forward certified copies of recommend that the compensation for said position be fixed at this Home Rule Message to Governor George Pataki, to the respective amount set forth in the foregoing ordinance. Assembly Speaker Sheldon Silver, to the Clerk of the That a personnel requisition incident to the creation of the Assembly, to Assembly Majority Leader Paul Tokasz, to the above-mentioned position, containing a statement of the duties Secretary of the Senate, to Senate Majority Leader Joseph for such position, has been filed with the Municipal Civil Bruno, and to members of the Western New York Legislative Service Commission, and said Commission has approved and delegation. certified the position title set forth in the foregoing ordinance as ADOPTED being the appropriate Civil Service title for the proposed position. NO. 151 APPROVED AS TO FORM AMENDED RESOLUTION Corporation Counsel BY: BRIAN C. DAVIS PASSED PERMISSION TO HANG A BANNER FOR THE RHYTHM & AYES - 12 NOES - 0 FABRIC FASHION SHOW ON THE CORNER OF DELAWARE & CHIPPEWA NO. 149 Whereas: Funk & Fashion would like to advertise for a BY: MR MARC COPPOLA program at the Sphere Nightclub for the Rhythm & Fabric SALARY ORDINANCE AMENDMENT Fashion Show; and 06 - DEPARTMENT OF ASSESSMENT Whereas: In order to promote the event, representatives from 1047 - ASSESSMENT the Funk & Fashion Organization request permission to The Common Council of the City Of Buffalo does ordain as temporarily hang a banner on the comer of Delaware & follows: Chippewa Streets from April 2, 2003 through April 19, 2003 in That part of Section I of Chapter 35 of the Code of the City of celebration of the Rhythm & Fabric Fashion Show, a charity Buffalo, relating to 06 - Department of Assessment, 1047 - event for the Why Me House (breast cancer research); and Assessment is hereby amended to read: Whereas: The banner will be displayed on the comer of 1 Assessment Clerk $25,005 - $27,859 Delaware Avenue Chippewa Street from Traffic Pole to Traffic 2 Assistant to the Assessor $25,005 - $27,859 Pole; and Is hereby amended to read: Now Therefore Be Resolved That: 3 Assistant to the Assessor $25,005 - $27,859 This Common Council grants permission to Funk & Fashion to IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the hang a banner for the Rhythm & Fabric Fashion Show held at Charter, that the immediate passage of the foregoing ordinance the Sphere Nightclub to advertise; and is necessary. Be it Further Resolved: We, BRUNA MICHAUX, COMMISSIONER OF That said banner will hang on the comer of Delaware ASSESSMENT, and JAMES B. MILROY, DIRECTOR OF Avenue and Chippewa Street from April 2, 2003 through April BUDGET, hereby certify that the above change is necessary 19; and for the proper conduct, administration and performance of Be it Finally Resolved: essential services of that department. We recommend that the That said banners meet all the requirements of pertinent City compensation for said position be fixed at the respective departments and that no existing laws be violated. amount set forth in the foregoing ordinance. PASSED That a personnel requisition incident to the creation of the AYES - 12 NOES – 0 above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil NO. 152 Service Commission, and said Commission has approved and BY: BRIAN C. DAVIS, DOMINIC J. BONIFACIO certified the position title set forth in the foregoing, ordinance as CHANGE IN THE DIRECTION OF TRAFFIC ON ORTON being the appropriate Civil Service title for the proposed PLACE position. Whereas: .The Kleinhans Community Association is APPROVED AS TO FORM requesting change in traffic direction for Orton Place; and Corporation Counsel Whereas: As of March 11, 2003, Normal Avenue between 03/27/03 Attachment Porter and Pennsylvania Streets was made two ways for the PASSED benefit of the Buffalo Philharmonic Orchestra so that they may AYES - 12 NOES – 0 fill their lot on Normal Avenue quickly during concerts; and Whereas: This may have a benefit for freeing up traffic jams NO. 150 during the period of time that concerts are occurring, but Orton BY: MR. DAVIS Place residents will needlessly suffer as a result of this traffic HOME RULE MESSAGE - ASSEMBLY BILL #A5355 - "AN change; and ACT TO Whereas: Currently, Orton Place is a one-way street running AMEND THE LABOR LAW, IN RELATION TO south from Pennsylvania Street to Hudson Street; and GRANTING Whereas: The Normal Avenue change will open a vehicular GOVERNMENTAL ENTITIES THE AUTHORITY TO traffic thoroughfare which does not exist currently and pass REQUIRE additional traffic from Porter Avenue to Hudson Street, CONTRACTORS AND SUBCONTRACTORS ON bypassing the Symphony Circle intersection; CONSTRUCTION Now, Therefore, Be It Resolved: CONTRACTS TO HAVE APPROVED APRENTICESHIP That the Common Council of the City of Buffalo grant AGREEMENTS" permission to make Orton Place a one-way street running Whereas: A Bill has been introduced in the NYS northerly from St. John's Place to Pennsylvania Street and a Assembly, #A5355, - "an act to amend the labor law, in relation one-way street running southerly from St. John's Place to to granting governmental entities the authority to require Hudson Street; and contractors and subcontractors on construction contracts to Be It Further Resolved: That this change will preserve the have approved apprenticeship agreements, and intent of the original Normal Avenue change; and Whereas: Presently law does not specify that a governmental Be It Finally Resolved: entity, which is a party to a construction contract may require That the change will preserve the quality-of-life for Orton Place that any contractors or subcontractors participate in residents. apprenticeship training programs approved by the REFERRED TO THE COMMITTEE ON LEGISLATION, commissioner; COMMISSIONER OF PUBLIC WORKS, PARKS AND Whereas: There is a growing shortage of skilled construction STREETS AND CORPORATION COUNSEL. workers, and in order to address this need, apprenticeship programs are needed to ensure the goal of providing NO. 153 skilled workers is being met; and BY: COUNCILMERNBER FONTANA Whereas: Bill # A5355 will provide governmental entities with RE: SENECA BABCOCK REDEVELOPMENT PROJECT the authority to require apprenticeship participation in URBAN RENEWAL PLAN valid, legitimate and sanctioned Department of Labor WHEREAS, the Common Council of the City of Buffalo has accredited programs, as a condition before the awarding of a designated the Seneca Babcock Redevelopment Project area contract to contractors to perform construction work; as being eligible and appropriate Urban Renewal treatment, as Now, Therefore be it Resolved: defined in Article 15 of the New York State General Municipal Law and authorized the preparation of an Urban Renewal Plan AYES - 12 NOES - 0 on June 11, 2002, C. C. P. No. 107; and WHEREAS, the City Planning Board, upon conducting a public NO. 156 hearing, held on February 25, 2003, did consider the Urban BY: MRS. GRANT Renewal Plan, prepared by the Office of Strategic Planning and TRANSFER OF FUNDS approved the proposed at it's meeting of February 25, 2003, COMMON COUNCIL - LEGISLATIVE and did submit its report and unqualified recommendations PUBLIC WORKS - ENGINEERING respecting said Plan to the Common Council; and That pursuant to §20-12 of the Charter and the Certificate of WHEREAS, the proposed Urban Renewal Plan conforms to the Mayor and the Comptroller submitted to the Common and furthers the implementation of the Comprehensive Plan for Council, the sum of $4,995 be and the same is hereby the City of Buffalo, and furthers the development of the transferred within Common Council Legislative and said sum is community as a whole and is consistent with local objectives as hereby reappropriated as set forth below: determined by the City Planning Board; From WHEREAS, the Urban Renewal Plan will implement a program Common Council Legislative - Councilmernber # 13 of site assembly and redevelopment to upgrade the area along 10 114001-415001 Auto Allowance $2,250 with other private and public improvements to encourage 10114004-458001 Transportation $ 810 participation in these programs by private enterprise; 10114004-458002 Meals & Lodging $1,125 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON 10 114004-45 8 003 Registration/Membership $ 810 COUNCILOF THE CITY OF BUFFALO: To: 1 . That the "Seneca Babcock Redevelopment Project Common Council Legislative Urban Renewal Plan" , as prepared by the Office of Strategic 10 102006-432004 Engineering & Technical Services Planning, and as approved by the City Planning Board and the $4,995 Buffalo Urban Renewal Agency, be and the same is hereby PASSED approved; AYES - 12 NOES – 0 2. That the Urban Renewal Plan Project area is substandard and tends to impair or arrest the sound growth NO. 157 and development of the municipality; BY: MRS. LOTEMPIO 3. That the Plan as herein approved has been duly EXCUSE COUNCILMEMBER GRAY FROM COUNCIL reviewed and conforms to the comprehensive plan for the MEETING. development of the municipality and the community as a whole; Whereas: Councilmember Beverly Gray will be unable to 4. That the plan affords maximum opportunity to private attend the enterprise, consistent with the sound needs of the municipality Council meeting on Tuesday, APRIL 1, 2003, as a whole, for the undertaking of an urban renewal program; Now, Therefore, Be It Resolved: 5. That the Mayor is hereby authorized to execute any That the Common Council excuses Councilmember Beverly and all deeds or other documents necessary to acquire and Gray from attending the Tuesday, APRIL 1, 2003, Common convey lands in the Urban Renewal Area to the City of Buffalo Council meeting. or the Buffalo Urban Renewal Agency, upon the approval of Rosemarie LoTempio said deeds or other documents by the Corporation Counsel; ADOPTED and 6. That the City of Buffalo and the Urban Renewal NO. 158 Agency are hereby authorized to acquire by gift, grant, BY: MRS. MARTINO purchase, devise, condemnation, eminent domain or otherwise ORDINANCE AMENDMENT the property located within the Project area, as defined within CHAPTER 175 - FEES said Plan, in furtherance of the Urban Renewal Plan. The Common Council of the City of Buffalo does hereby REFERRED TO THE COMMITTEE ON COMMUNITY ordain as follows: DEVELOPMENT That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: NO. 154 § 309-28, use of facilities BY: COUNCILMEMBER FONTANA With the exception of designated private ice time at skating SET PUBLIC HEARING, SENECA BABCOCK rinks, City of Buffalo handicapped persons (classified as such REDEVELOPMENT PROJECT URBAN RENEWAL PLAN by the United States Department of Health, Education and WHEREAS, the Common Council of the City of Buffalo has Welfare) may use any of the hereinafter mentioned recreational designated the Seneca Babcock Redevelopment Project area facilities free of all charges and fees. as being eligible and appropriate for Urban Renewal treatment GOLF COURSES City Resident Noncity as defined in Subdivision 3 of Section 502 of Article 15 of the Resident New York State General Municipal Law and has authorized the Seasonal fee for South Park, $160.00 [$310.00] preparation of such a Plan; and $285.00 WHEREAS, the City Planning Board, upon conducting a public Park, Cazenovia and hearing held on February 25, 2003, did consider said Plan, Delaware Golf Courses prepared by the Office of Strategic Planning and approved the Senior citizens with city $80.00 $230.00 proposed Urban Renewal plan at its meeting of February 25, city identification cards 2003, and did submit its report and unqualified Monday to Friday recommendations respecting said Plan to the Common Youths under 16 with city $80.00 160.00 Council: and identification cards WHEREAS, Article 15 of the General Municipal Law requires Monday to Friday that an Urban Renewal Plan be approved only after a public Junior Program 60.00 125.00 hearing is conducted by the governing body, upon due notice: (12:00 noon to closing, NOW, THEREFORE, BE IT RESOLVED: July to August only) 1 . That the City Clerk is hereby directed to publish the Daily fee for South Park, Cazenovia and Delaware Golf Course notice attached hereto and marked "Notice of Hearing" (each) for five (5) consecutive days in the Buffalo News and the 18 holes on Saturday, $12.00 16.00 City Record, beginning no later than the 22nd day of Sunday or holiday March, 2003; and Seniors and youths under 16 $8.00 $16.00] 2. That this Common Council will conduct a public $14.00 hearing on the matters stated in said "Notice of Hearing" at on Saturday, Sunday or holiday 2:00 p.m. in the Common Council Chambers, 1308 City Hall on 18 holes on other days $9.00 $16.00] April 1, 2003. $14.00 ADOPTED Seniors and youths under 16 $7.00 13.00 on regular weekdays NO. 155 Twilight rate (starts after 6:00 p.m.) $7.00 $9.00 BY: MRS. GRANT Reserve tee time, per reserved hour $50.00 $50.00 CAPITAL BUDGET AMENDMENT It is hereby certified, pursuant to Section 3-19 of the Charter, ADDITION TO CAPITAL PROGRAM 2003 that the immediate passage of the foregoing ordinance is That pursuant to 20-28 of the charter and the necessary. Certificate of the Mayor and the Comptroller submitted to the APPROVED AS TO FORM common Council, the Capital Program for the fiscal year 2003 Corporation Counsel be and the same is hereby amended by adding the following NOTE: Matter in brackets [ ]to be deleted; item under the heading matter underlined is new. Capital Projects PASSED Public Works-Engineering-Reconstruction of Vulcan StreetAYES - 12 NOES - 0 $500,000 PASSED NO. 159 BY: MR. PITTS That the Common Council of the City of Buffalo welcomes HOME RULE MESSAGE -ASSEMBLY BILL #AI815 AND Thomas Golisano's ownership of the Buffalo Sabres and his SENATE BILL #S 1309 - "AN ACT TO AMEND THE commitment to keeping the franchise in Buffalo for many years VEHICLE AND TRAFFIC LAW, IN RELATION TO to come; and DIRECTING THE CITY OF BUFFALO TO ADJUDICATE Be it Further Resolved: TRAFFIC INFRACTIONS" That the Common Council of the City of Buffalo does hereby Whereas: A Bill has been introduced in the NYS Assembly, #A support the asset purchase agreement presented by Thomas 1815, and in the NYS Senate, #S 1309- "an act to Amend the Golisano for the Buffalo Sabres hockey team and does hereby vehicle and traffic law, in relation to directing the City of Buffalo authorize the Mayor to negotiate and execute any and all to adjudicate traffic infractions"; and documents necessary to successfully effectuate the closing of Whereas: Motor vehicle traffic violations in New York State this transaction on behalf of the City of Buffalo and the Buffalo have been handled by local jurisdictions for most of the 20th Urban Renewal Agency; and Century. In 1970, the State set up an Administrative Be it Further Resolved: Adjudication of Traffic Violations program under the New York That the disposition of issues related to the City-owned parking State Department of Motor Vehicles to handle traffic violations. lots will be filed with the Council for final approval after further In 1973, the City of Buffalo opted into this program; and negotiations; and Whereas: This legislation will allow the City of Buffalo to Be it Finally Resolved: adjudicate traffic infractions, as it did prior to 1973. Currently, That the City Clerk's Office send certified copies of this New York State holds all hearings in the City of Buffalo without resolution to Thomas Golisano, National Hockey League the option of a plea bargain system; and Commissioner Gary Bettman, New York State Governor Whereas: If the City of Buffalo adjudicates traffic infractions, George Pataki, Erie County Executive Joel Giambra, and Mayor they will implement a system that would allow traffic violators to Anthony Masiello. have an option of a plea bargain, which could lead to traffic James W. Pitts school, the same system that is used in the surrounding PASSED suburbs; and AYES - 12 NOES - 0 Whereas: This system would offer benefits to Buffalo residents currently enjoyed by suburban residents. The violator would be NO. 161 allowed to attend traffic school, thus hopefully becoming a BY MR. THOMPSON safer driver and would also not be charged any points on FELICITATIONS/IN MEMORIAM his/her drivers license, which raise insurance rates for the Attached hereto are Felicitation and in Memoriam driver; and Resolutions sponsored by Members of the Common Council as Whereas: City of Buffalo residents already pay higher auto indicated: insurance rates and the current system only causes these Felicitation for Al Wood (Allen C. Callwood) rates to increase without any of the options that are offered in By Councilmembers Pitts, Thompson, Davis, Grant, Fisher & the surrounding suburban communities; Gray Now, Therefore be it Resolved: In Memoriam for Louis Manzella Edmonds That the Common Council of the City of Buffalo goes on record By Councilmember Fisher in support of Assembly Bill #A1815 and Senate Bill #1309 -"an ADOPTED. act to Amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions"; and NO. 162 Be it Further Resolved: BY MR. THOMPSON That the City Clerk be directed to forward certified copies of REQUEST FOR A LEGAL OPINION FROM THE NEW this home rule message to Governor George Pataki, to the New YORK STATE ATTORNEY GEN ERAL ON A CITY OF York State Department of Motor Vehicles, to Assembly BUFFALO AN D ERIE COUNTY MERGER Speaker Sheldon Silver, to the Clerk of the Assembly, to CONSOLIDATION Assembly Majority Leader Paul Tokasz, to the Secretary of the Whereas: Some residents in the City of Buffalo have serious Senate, to Senate Majority Leader Joseph Bruno, and to concerns members of the Western New York Legislative delegation. about County Executive Giambra's plans for the County of Erie ADOPTED to absorb the City of Buffalo, and Whereas: City residents are generally unknowledgeable about NO. 160 regionalism and its effects; and BY: MR. PITTS Whereas: Regionalism can be implemented in one of two PURCHASE OF THE BUFFALO SABRES ways, total Whereas: Thomas Golisano has recently Signed an asset dissolution or the consolidation of services; and purchase agreement to buy the Buffalo Sabres hockey team, Whereas: Two examples of regionalism are the Erie County's with a targeted closing date set for April 10, 2003; and library Whereas: The purchase of the team is conditioned upon system and public transportation system, through the Niagara certain commitments from various governmental entities, Frontier Transit Authority; and including the City of Buffalo; and Whereas: In order to have a meaningful dialog regarding Whereas: Those commitments are: regionalism, City residents must be properly educated on the • The waiver of all ground rent due prior to closing with the pros and cons of regionalism and its potential effects on the understanding that the purchaser will pay ground rent at the City of Buffalo; and rate of $500,000 per year from the date of closing; Now Be It Resolved. • The waiver of any City of Buffalo claim for reimbursement of That the Buffalo Common Council of the City of Buffalo hereby infrastructure costs relating to development and construction in requests that the Regional Governance Committee of the the public right of way around the HSBC Arena; Buffalo • The waiver of any claim to the Operating Fee that would be Common Council, host a series of county-wide information generated pursuant to the May 10, 1995 Operating Agreement; meetings designed to educated City of Buffalo residents on the • The waiver of the transmission fee generated pursuant to the pros and cons of Regionalism and its effects on the City, and May 10, 1995 Operating Agreement; Be It Finally Resolved. • The release of approximately $310,000 held in the That the Law Department of the City of Buffalo requests the Condemnation Reserve Fund; Legal opinion from the New York State Attorney General • The elimination of the requirement to maintain reserve Office's on the process, procedures, and feasibility for a full accounts for the HSBC Arena; merger consolidation of the Erie County and City of Buffalo • The elimination of any restrictions upon refinancing or liens governments. upon the HSBC Arena; and ADOPTED • The right of first refusal during the remainder of the term of leases to operate City-owned parking lots within a four (4) block NO. 163 area of HSBC Arena on terms no less favorable than terms BY: MR. THOMPSON granted to other operators; and THE WEST NILE VIRUS Whereas: Contrasted against the devastation that could befall Whereas The West Nile virus is a mosquito-borne infection the local economy if the Sabres were to leave this area, these that can cause serious illness to those infected; and conditions are very reasonable for the City of Buffalo; and Whereas: The virus, introduced in the State of New York in Whereas: In consideration for Mr. Golisano reaffirming the 1999, was discovered when a large number of birds in New commitment to non-relocation of the Sabres and other York City mysteriously died; and covenants of the original agreements, it is in the best Whereas: West Nile encephalitis cases occur interests of the City to make these commitments; and primarily in the late summer or early fall In Whereas: It is mutually beneficial for Mr. Golisano and the City the southern climates where temperatures are of Buffalo that the transaction to purchase the Buffalo Sabres milder, the West Nile Virus can be be consummated; transmitted year Now, Therefore be it Resolved: round, and Whereas: Of the nearly 65 different species of mosquitoes in Enterprise Workforce Goals for the North Jefferson Library New York State, only certain species have been associated project; and with the West Nile Virus; and Whereas: As a result of this determination, the Buffalo Whereas: Mosquitoes lay their eggs in moist areas, such as Common Council needs a formal directive on how to address standing water. The eggs become larva that remain in the water the Minority Women Business Enterprise and Workforce Goals until the adults mature and fly off Weeds, tall grass and in relation various City of Buffalo projects; and shrubbery provide an outdoor home for adult mosquitoes. They Whereas: Mr. Eliot Spitzer, The New York State Attorney can also enter a habitation through unscreened windows or General, has the legal authority to make the requested doors, or broken screens. Many mosquitoes will breed in determination; and containers that hold water, such as flowerpots or discarded Now Be It Resolved: That the Buffalo Common Council tires; and requests that the Law Department Of the City of Buffalo ask Whereas: Some mosquitoes are most active between dusk and the New York State Attorney General's Office for a legal dawn, when the air is calm. opinion on whether or not local governments can establish their However, others will feed at any time of day; and own Minority Women Business Enterprise goals and Whereas: Although most persons who are infected with the requirements, and West Nile virus experience no symptoms, it is estimated that Be It Finally Resolved That. twenty percent (20?16) of those infected will develop one or The Law Department also ask that the State Attorney General more of the following symptoms: slight fever and or headache, to provide the Buffalo Common Council with a list of the body aches, occasionally with a skin rash on the trunk of the Minority women Business Utilization requirements for all New body and swollen lymph glands to more severe York State agencies and authorities in addition to the Minority infections, which an estimated I in 150 infected persons Women Business Utilization requirements for in the various will develop, marked by headaches, high fever, neck stiffness, cities and counties throughout New York State. stupor, disorientation, coma, tremors, convulsions, muscle ADOPTED weakness, paralysis, and death; and Wkereas: Symptoms of mild disease will generally last a few NO. 165 days. But severe disease symptoms may last several BY: ANTOINE M. THOMPSON weeks, although neurological effects may be permanent. APPOINTMENTS Whereas: Persons over the age of 50 are at the highest risk COMMISSIONER OF DEEDS for serious illness; and That the following persons are hereby appointed as Whereas: There is currently no specific treatment for West Commissioner of Deeds for the term ending December 31, Nile Viral infection, other than to treat the symptoms and 2004, conditional, upon the person so appointed certifying provide supportive care; and under oath to their qualifications and filing same with the City Whereas: In New York State, most West Nile Clerk: virus-positive birds have been American crows; and TAMMY FINNEGAN BRUCE ISSELBAECHER LISA MULLANE SHARON SWAN Whereas: Although there is no evidence that JUANITA GAINORS ERIKA MC CANN birds can transmit West Nile virus to people, JEANNE PENFOLD BRYAN TRAMONTANA gloves should be worn when handling any dead Total: 8 bird or mammal because of the ADOPTED possibility of other diseases; and NO. 166 Whereas: 18 cases of West Nile virus positive dead birds BY. ANTOINE M. THOMPSON were reported in Erie County last year; and APPOINTMENTS Whereas: In 2002, 9 cases of West Nile virus positive human COMMISSIONERS OF DEEDS beings were reported in Erie County; and REQUIRED FOR THE PROPER Now Be It Therefore Resolved: PERFORMANCE OF PUBLIC DUTIES That the Buffalo Common Council, acknowledging the That the following persons are hereby appointed as seriousness of the spread of the West Nile Virus, does hereby Commissioner of Deeds for The term ending December 31, request that the New York State Department of Health and Erie 2004, conditional upon the persons so appointed certifying County Department of Health hosts a series of informational under oath to their qualifications and filing same with the City forums in Western New York over the next three months; and Clerk Be It Further Resolved. Elizabeth Martina Barbara Reif That the Center for Disease Control and Prevention forward the Marguerite Villa Buffalo Common Council updated data and health information TOTAL 3 on the West Nile Virus, and ADOPTED Be It Finally Resolved. That certified copies of this resolution be sent to the New York NO. 167 State Department of Health, the Erie County Health ANNOUNCEMENT OF COMMITTEE MEETINGS Department, the Western New York State Delegation, and the The following meetings are scheduled. All meetings are held in Federal Western New York State Delegation. the Common Council Chambers, IP floor City Hall, Buffalo, ADOPTED New York, unless otherwise noted. Regular Committees NO. 164 Committee on Civil Service Tuesday, April 8, 2003 at 9:30 BY: MR. THOMPSON o'clock A.M. REQUEST FOR LEGAL INQUIRY FROM THE STATE Committee on Finance Tuesday, April 8, ATTORNEY GENERAL'S OFFICE REGARDING MINORITY 2003 at 10:00 o'clock A.M. UTILIZATION REQUIREMENTS FOR CITY OF BUFFALO following Civil Service PROJECTS Committee on Legislation Tuesday, April 8, Whereas: The Buffalo Common Council, acknowledges the 2003 at 2:00 o'clock P.M. need for increased diversity and minority employment and Committee on Comm. Dev. Wednesday, April 9, 2003 at 10:00 business opportunities with the City of Buffalo; and o'clock A.M. Whereas: The Buffalo Common Council has adopted Minority Committee on Education Wednesday, April 9, Women Business Enterprise and Workforce Goals for City 2003 at 2:00 o'clock P.M projects of 25%for minority business enterprises (MBE) and Special Committees 5% women business enterprises (WRE); and Regional Governance Wednesday, April 2, Whereas These goals must be established and enforced for 2003 at 2:00 o'clock P.M. in all upcoming projects in the Masten District, such as the North Room 1417 City Hall. Jefferson Library, Martin Luther King Jr., Park, and 60 Hedley Budget Thursday, April 3, 2003 at 10:00 o'clock A.M. in Place; and Room 1417 City Hall. Whereas: The Department of Public Works, Parks, & Streets Streets Services Monday, April 7, 2003 at 10:00 Sanitation has previously been requested to establish Minority o'clock A.M. in Women Business Enterprise and Workforce Goals of 25% Room 1417 City Hall. and 5%for Women Enterprise requirements for the North Special Legislation Public Hearing Tuesday, April 8, 2003 at Jefferson Library, Martin Luther King Jr. Park, and 60 Hedley 6:00 o'clock P.M. Place construction projects; and at the Casa-Di-Pizza, 477 Elmwood Ave, Buffalo, NY 14222 on Whereas: Mr. Joseph N. Giambra, Commissioner of Public the Use of 219 Bryant for Placement of a Heliport at Children's Works, Park and Streets Sanitation, requested legal Hospital counsel to make a legal determination regarding the need for Bi-National Bridge Thursday, April 10, 2003 at the minority participation goals for the North Jefferson Library 2:00 o'clock in Room 1417 City Hall. Project; and MBEC Monday, April 14, 2003 at 10:00 o'clock A.M. in Whereas: The legal counsel concluded that there may not be a Room 1417 City Hall. factual justification for enforcing the Minority Business (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 168 On a motion by Mrs. LoTempio, Seconded by Mr. Thompson the Council adjourned at 3:42 pm CHARLES L. MICHAUX, III CITY CLERK