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HomeMy WebLinkAbout04-1228 No. 24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 28, 2004 MAYOR James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Hon. Anthony M. Masiello Antoine M. Thompson - Members COMPTROLLER COMMUNITY DEVELOPMENT COMMITTEE: Andrew Sanfilippo Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members COMMON COUNCIL PRESIDENT OF THE COUNCIL FINANCE COMMITTEE: FILLMORE DISTRICT Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, David A. Franczyk James D. Griffin - Members. PRESIDENT PRO TEMPORE LEGISLATION COMMITTEE: UNIVERSITY DISTRICT Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell Bonnie E. Russell - Members MAJORITY LEADER EDUCATION COMMITTEE DELAWARE DISTRICT Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Marc A. Coppola Bonnie E. Russell - Members DISTRICT COUNCIL MEMBERS RULES COMMITTEE: BRIAN C. DAVIS - ELLICOTT David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - RICHARD A. FONTANA - LOVEJOY Members ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA SPECIAL COMMITTEES JOSEPH GOLOMBEK JR. - NORTH BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. JAMES D. GRIFFIN - SOUTH Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. REGULAR COMMITTEES Thompson, Chairman Brian C. Davis, James D. Griffin CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CLAIMS COMMITTEE: CORPORATION PROCEEDINGS members to the City Planning Board for a term commencing immediately and will expire October 9, 2007: Susan Curran Hoyt 21 St. Andrew's Walk Buffalo, COMMON COUNCIL 14222 CITY HALL - BUFFALO Henry L. Burns 47 Beard Avenue Buffalo, 14214 TUESDAY, DECEMBER 28, 2004 Horace A. Gioia 259 Middlesex Road Buffalo, 14216 AT 2:00 P.M. I hereby certify that the above named individuals are fully qualified for reappointment to the City Planning Board. PRESENT – David A. Franczyk, President of the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Council, and Council Members Bonifacio, Coppola, CORPORATION COUNSEL AND THE DIVISION OF Davis, Fontana, Griffin, Russell and Thompson – 8 COLLECTIONS ABSENT –- Golombek - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT On a motion by Mr. Coppola seconded by No. 3 Mr.Fontana, the minutes of the stated meeting held on Monthly report from the Division of Citizen Services – December 14, 2004 were approved. November 2004 Dear Members of the Buffalo Common Council: FROM THE MAYOR Attached for your review is the following: (1) chart of service calls for November 2004, (2) chart of service call for November No. 1 2003- for comparative purposes, and (3) chart of "open" Appointment and Re-appointments of service calls for October 2004, as of December 1, 2004. Members to the Buffalo Water Board A review of the service requests comparing November to Pursuant to the authority granted me by Section 1048-F of the October, shows about a 13% decrease in requests, which is title Two-B Article Five of the Public Authorization law, I hereby consistent with November 2003 and explained by November appoint and re-appoint the following, subject to confirmation by having four (4) holidays. Your Honorable Body, "Open" service request calls after 30 days increased from David P. Comerford 114 Whitehall Street Buffalo, 14220 October, from 31% to 39 %, primarily due to November having David Comerford is the former Commissioner of Public Works fewer working days in which to respond to requests for service for the City of Buffalo. Mr. Comerford meets the requirements and the delivery of the balance of the 3,000 new garbage totes. of the Public Authorities Law Section 1048-f as a board When garbage totes are delivered, time must be spent in minor member with experience assembly activities, such as installing wheels and bars. Time ill water resources. spent on assembly restricts time spent on delivery, however, it Mr. Comerford, a life long Buffalo resident, attended Nichols is still anticipated that all garbage tote requests will be honored School and Amherst College, Boston, MA. Mr. Comerford is by Christmas. being appointed to fill a vacancy. His term will commence As always, I hope that this information is helpful to you. immediately and expire on December 31, 2005. Copy available in City Clerks office for review Ronald F. Mandell 78 Starin Avenue Buffalo, 14214 RECEIVED AND FILED Ronald Mandell, a life long resident of the City of Buffalo is retired from the City of Buffalo where he served for over thirty NO. 4 years in the Engineering Division. Mr. Mandell currently works Artspace Development, 1219 Main Street as an inspector for Erdman Anthony Engineers. SEQR Lead Agency Designation Mr. Mandell attended Kensington High School and Erie Please be advised, prior to the implementation of the above- Community College. Mr. Mandell is replacing tbe seat formerly referenced project the requirements of the New York State beheld by Mr. Patrick Wesp. His term will commence on Environmental Quality Review Act (SEQR) must be satisfied. January 1, 2005 and expire on December 31, 2006. The project, as defined under SEQR, is an Unlisted Action for Corrections: which a coordinated review will be undertaken. As per Section To clarify the previous re-appointments of Mr. James 617.6 of the regulations, a Lead Agency responsible for B. Milroy of 155 Massachusetts Avenue, Buffalo, 14213 and determining the effect of the action on the environment must be Mr. Charles McGriff of 117 Lexington Avenue, Buffalo, 14222 designated from the involved agencies within 30 calendar days their re-appointments will expire on December 31,2005. from the date of this letter. The Buffalo Urban Renewal Agency Re-Appointments: (BURA) proposes to assume Lead Agency status for this The following members are being re-appointed for two year project and respectfully requests the Common Council's terms that will expire on December 31, 2006: consent to this designation. The project Environmental Victoria J. Saxon 56 Dana Road Buffalo, 14216 Assessment Form is enclosed for your review. Please respond Warren K. Galloway 111 W. Humboldt Parkway Buffalo, to this request as soon as practicable. Thank you. 14214 Mr. Coppola moved John R. Sole 641 Forest Avenue Buffalo, 14222 That the above communication from the Office of Strategic hereby certify that the above named individuals are fully Planning, dated December 22, 20043, be received and filed: qualified to serve as members of the Buffalo Water Board. and REFERRED TO THE COMMITTEE ON LEGISLATION, THE That pursuant to 6 NYCRR Part 617, the Buffalo Urban CORPORATION COUNSEL AND THE DIVISION OF Renewal Agency is hereby designated Lead Agency for the COLLECTIONS Artspace Development, 1219 Main Street. PASSED No. 2 AYES - 7 - NOES – 1 Re-appointment of Members to the AYES- BONIFACIO, COPPOLAM DAVIS, FONTANA, City Planning Board FRANCZYK, RUSSELL AND THOMPSON – 7 Pursuant to the powers vested in me Section 18-23 of the NOES – GRIFFIN – 1 Charter of the City of Buffalo, I hereby re-appoint the following NO. 5 contained a provision that the PILOT agreement and related Redeem Property 110 Miller Street documentation be brought back to the Common Council for Raymond and Yadira Casanova review after they were approved by the County of Erie and the Lot Size: 35' x 97' Erie County Industrial Development Agency. The LDA contains Land: $1,600 provisions, conditions and terms that need to be amended for Total: 22,700 Fillmore District the project and project financing to move forward. The above referenced property was acquired by the City of Forwarded separately are the following documents: Buffalo at In-Rem #38, October 25, 2004. The property is a two 1. PILOT AGREEMENT/Payment Schedule (not yet approved family home situated on a lot 35' x 97' and is in fair condition. by Erie County or ECIDA) Raymond and Yadira Casanova who occupy the lower 2. Proposed Resolution indicating Common Council review is apartment entered into an agreement to lease/purchase the satisfied and approving the proposed amendments to the LDA property in September of 1993, with the owner Ms. Anneliese After due consideration, Your Honorable Body may adopt the Harper. The purchase price was $10,000 with a down payment attached proposed Resolution indicating satisfactory review of $2,620. The down payment included a security deposit of and approving the sale of the church land under a revised LDA. $1,030 and repairs made to the premises by the Casanova's in REFERRED TO THE COMMITTEE ON COMMUNITY an amount of $1,589.00.The Casanova's made monthly DEVELOPMENT payments to the former owner from September 1, 2003 to September 2004. The Casanova's were to receive the deed to FROM THE COMPTROLLER the property when the final payment was paid in September 2004, which was paid prior to the October 25, 2004 Tax NO. 7 Foreclosure. The Casanova's were not aware of the tax arrears Authorized But Unissued Bonds and pending foreclosure when they made the final payment. Per the request of the Budget Committee at their meeting of The Casanova's have provided a copy of the lease/purchase December 9, 2004, the attached schedule gives the original contract and paid receipts mentioned above. The Casanova's authorized amount, the amount of bonds sold to date, and the were not represented by an attorney and appear to have been remaining authorized but unissued amount as of December 7, taken advantage of in this transaction. 2004. They are requesting to acquire the property for the amount of COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW taxes, foreclosure fee and pay for all closing costs and REFERRED TO THE COMMITTEE ON FINANCE AND THE recording fees. The total amount of taxes, water/sewer taxes COMMISSIONER OF PUBLIC WORKS and interest due were $1,571.88 plus foreclosure fee of $438. for a total of $2,010.00. The only alternative the Casanova's NO. 8 have is to bring suit against the former owner to try and recover Certificate of Necessity the $10,000.00 they have invested to date. Transfer of Funds We are recommending that Your Honorable Body approve the Reserve for Planning Capital Projects sale of 110 Miller to Raymond and Ladira Casanova in the Capital Projects amount of $2,010.00 plus closing costs and recording fees. We, Anthony M. Masiello, Mayor and Andrew A. Mr, Coppola moved: SanFilippo, Comptroller, do hereby certify, pursuant to §20- That the above communication from the Office of Strategic 12 of the Charter, that it is necessary that the sum of Planning, dated December 22, 2004, be received and filed; and $84,188.46 be transferred and reappropriated from the That the Common Council approve the sale of 110 Miller Street Planning for Capital Projects account, as set forth below: to Raymond and Ladira Casanova in the amount of $2,010.00 From: plus closing costs and recording fees. That the Corporation 30000106 - 445100 Planning for Capital Projects $84188.46 Counsel be authorized to prepare the necessary documents for To: the transfer of title and that the Mayor be authorized to execute 30062106-445100 Main/Mercer Firehouse $2,788.46 the same, in accordance with the terms of sale upon which the 30062206-445100 Delavan/Fillmore Fierhouse $20,700.00 offer was submitted. 30062306-445100 Elmwood/Hertel Firehous $50,700.00 PASSED Total $84,188.46 AYES - 8 - NOES - 0 RECEIVED AND FILED NO. 6 NO. 9 Development (BURA and BERC) Certificate of Appointment Delaware Asbury Church redevelopment/Preservation Appointment Effective: December 21, 2004 In the Department Project - Sale of Land at 339-341 and 335 Delaware of: Audit and Control Division of: Audit to the Position of: Avenue. Project PILOT agreement for debt service Assistant Auditor Permanent Appointment Intermediate being brought back to the Common Council for review Starting Salary of: $ 33,715 per prior resolution. Update on BURA/BERC roles Frank Barrile 1013 Tift St Buffalo, NY 14220 and participation in the redevelopment project being REFERRED TO THE COMMITTEE ON CIVIL SERVICE provided to Common Council and approvals of Common Council being sought to amend and finalize FROM THE COMMISSIONER OF PUBLIC WORKS the previously approved Contract For Sale Of Land For Private Redevelopment No. 10 (Item No. 112, C.C.P. 04/29/03) Notification Serial # 9986 By Common Council Proceeding No. 112 passed 04/29/03 the Repeal No Parking Common Council approved the sale of the improved real on Phelps Street, south side property commonly known as the Delaware Asbury Church at between Halbert Street 339-341 and 335 Delaware Avenue to Righteous Babe and a point 335' east therefrom Records, Inc. (and or to an entity to be formed). The sale was (Masten District) to take place pursuant to Contract For Sale of Land For Private NO PARKING - REPEAL Redevelopment (the "LDA"). The Common Council approval In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your PLUMBING Honorable Body of this action supplementing, amending, or Aurora Plumbing Co., Inc. $ 263,271.00 repealing existing provisions of Chapter 479 of the Ordinances, 5800 Seneca St., Elma, NY as stated below, to be effective forty five days after the first Cayuga Plumbing $ 274,154.00 Council meeting at which they appear on the agenda as an item 300 Scott St., Buffalo, NY business. MKS Plumbing $ 294,000.00 That part of Subdivision 24 Section 15 of Chapter 479 of 14 Ransier, West Seneca, NY Ordinances of the City of Buffalo be supplemented by repealing Numarco, Inc. $ 358,000.00 therefrom the following: NO PARKING 1021 Maple Rd., Elma, NY PROHIBITED PORTION OF HIGHWAY W. C. Roberson Plumbing & Constr. $ 366,000.00 Phelps Street, south side between Halbert Street and a point 602 E. Delavan, Buffalo,NY 335' east therefrom HVAC PROHIBITED PERIOD John W. Danforth Co. $ 146,749.00 At All Times 2100 Colvin Blvd., Tonawanda, NY This action is being taken to provide additional daytime parking Parise Mechanical, Inc. $ 149,300.00 Phelps Street near the Tri-Main Building. (see next serial.) 233 Fillmore, Tonawanda, NY Notification Serial # 9987 W. C. Roberson Plumbing & Constr. $ 161,950.00 Install No Parking 602 E. Delavan, Buffalo, NY on Phelps Street, south side I hereby certify that the foregoing is a true and correct between Halbert Street statement of all bids received and that the following are the and a point 335' east therefrom lowest responsible bidders in accordance with the plans and (Masten District) specifications: NO PARKING - INSTALL General Construction: Concept Construction Corp., with a In conformity with Section 49 of Chapter 479 of the Ordinances Base Bid of 1,868,000.00, deduct Alternate #1 for $19,000.00, of the City of Buffalo, the City Engineer hereby notifies Your for a total amount of One Million Eight Hundred Forty Nine Honorable Body of this action supplementing, amending, or Thousand and 001100 Dollars ($1,849,000.00). repealing existing provisions of Chapter 479 of the Ordinances, Plumbing: Aurora Plumbing Co., Inc., in the amount of Two as stated below, to be effective forty five days after the first Hundred Sixty Three Thousand Two Hundred Seventy One Council meeting at which they appear on the agenda as an item and 001100 Dollars ($263,271.00). business. HVAC: John W. Danforth Co., in the amount of One Hundred That part of Subdivision 24 Section 15 of Chapter 479 of Forty Six Thousand Seven Hundred Forty Nine and 00/100 Ordinances of the City of Buffalo be supplemented by adding Dollars ($146,749.00). thereto the following: The total bid price is Two Million Two Hundred Fifty Nine NO PARKING Thousand Twenty and 00/100 Dollars ($2,259,020.00). PROHIBITED PORTION OF HIGHWAY I recommend that Your Honorable Body authorize the Phelps Street, south side between Halbert Street and a point Commissioner of Public Works, Parks & Streets to order the 335' east therefrom work on the basis of the low bids. Funds for this project are PROHIBITED PERIOD available in 30062306-445100 Buildings. 7:00 pm to 6:00 am Mr. Coppola moved: This action is being taken to provide additional daytime parking That the above communication from the Commissioner of Phelps Street near the Tri-Main Building. (see previous serial.) Public Works, Parks and Streets dated December 20, 2004, be Waive 45 Days received and filed; and RECEIVED AND FILED That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts for the NO. 11 Elmwood Hertel Fire Station Construction, Job No. 0436, to the Report of Bids lowest responsible bidders, for General Construction to Elmwood Hertel Fire Station Concept Construction Corp., with a base bid of $1,868,000.00, Construction deduct Alternate #1 for $19,000.00 for a total amount of Job No. 0436 $1,849,000.00; for Plumbing to Aurora Plumbing Co., Inc., in North District the $263,271.00; for HVAC to John W. Danforth Co., in the I advertised for on November 10, 2004 and received the amount of $146,749.00 for a grand total of $2,259,020.00. following formal bids for the Elmwood Hertel Fire Station, Funds for the project are available in 30062306-445100 Construction, on December 8, 2004. Buildings. General Construction Base Bid AIt.#1 PASSED Concept Construction Corp. $1,868,000.00 -$19,000.00AYES - 7 - NOES – 1 2555 Transit, E/ma, NY AYES- BONIFACIO, COPPOLAM DAVIS, FONTANA, Summit Construction Group, Inc. $1,968,000.00 -$18,000.00FRANCZYK, RUSSELL AND THOMPSON – 7 6 Lancaster Pkwy., Lancaster, NY NOES – GRIFFIN – 1 Rodems Construction Co. $1,982,000.00 -$18,000.00 3533 N. Buffalo Rd., Orchard Park, NY NO. 12 Picone Construction Corp. $1,998,000.00 -$12,000.00 Report of Bids 8680 Main St., Williamsville, NY Installation of Traffic Signal Vehicle Hadala Construction, Inc. $2,080,000.00 -$16,500.00 Detection Loops 2004 - Overlay 325 Grote St., Buffalo, NY This is to advise Your Honorable Body that 1 have advertised R. B. Mac Construction $2,116,000.00 -$14,000.00and received bids on December 15, 2004 P.O. Box 424, Lockport, NY The following bids were received: C. Nichter, Inc. $2,467,000.00 -$10,000.00Contractor 30 Wildwood, Lancaster, NY Total Bid Price Alternate #1 is to delete two (2) skylights. Company #1 Destro Brothers $59,800.00 Address 1 411 Ludington 8565 Roll Rd., Clarence, NY Address 2 Buffalo, NY 14206 Weydman Electric $ 168,500.00 Company #1 South Buflalo Electric ............$68,486.00 747 Young, Tonawanda, NY Address 1 1 Foundry CIR Electric $172,800.00 Address 2 Buffalo, NY 2750 Kenmore, Tonawanda, NY Company #1 Spoth Enterprises, Inc $99,800.00 Frey Electric $ 216,000.00 Address 1 8746 Lakeshore Road 100 Pearce, Tonawanda, NY Address 2 Angola, NY 14006 Plumbing I hereby certify that the lowest responsible bidder for the above W. C. Roberson Plumbing & Constr. $ 92,300.00 project is Destro Brothers and I respectfully recommend that 602 E. Delavan, Buffalo, NY Your Honorable Body authorize a contract award to Destro Cayuga Piping $ 98,500.00 Brothers in the amount of $65,780.00 (Base Bid of $59,800.00 300 Scott St., Buffalo, NY + [10% unit price increases] $5,980.00 equals [Total Award] L & D Johnson Plumbing $ 107,400.00 $65,780.00.) Funds for this project are available in our Capital 1478 E. Delavan, Buffalo, NY Account #30032106-445100 and O&M Account #13112006-Numarco, Inc. $ 108,000.00 443100. The engineer's estimate for this work is $70,000.00. 1021 Maple Rd., Elma, NY Mr. Coppola moved: Mechanical That the above communication from the Commissioner of Parise Mechanical, Inc. $ 101,666.00 Public Works, Parks and Streets, be received and filed; and 233 Fillmore, Tonawanc/a, NY That the Commissioner of Public Works, Parks and Streets, W. C. Roberson Plumbing & Constr. $ 118,500.00 be, and he hereby is authorized to award a contract for the 602 E. Delavan, Buffalo, NY Installation of Traffic Signal Vehicle Detection Loops 2004 - John W. Danforth Co. $ 124,000.00 Overlay, to Destro Brothers, the lowest responsible bidder, in 2100 Co/vin Blvd., Tonawanda, NY the amount of $65,780.00 (Base Bid of $59,800.00 + [10% unit Tri-R Mechanical $ 125,470.00 price increases] $5,980.00 equals [Total Award] $65,780.00. 2481 Seneca, West Seneca, NY Funds for the project are available in Capital Account I hereby certify that the foregoing is a true and correct #30032106-445100 and O&M Account # 13112006-443100. statement of all bids received and that the following are the PASSED lowest responsible bidders in accordance with the plans and AYES - 8 - NOES - 0 specifications: General Construction: The Peyton Barlow Co., in the amount NO. 13 of One Million One Hundred Twenty Thousand and 00/100 Report of Bids Dollars ($1,120,000.00). Main Mercer Fire Station Electrical: Industrial Power & Lighting, in the amount of One Addition Hundred Fifty Three Thousand Nine Hundred and 00/100 Job No. 0422 Dollars ($153,900.00). Masten District Plumbing: W. C. Roberson Plumbing & Construction, in the I advertised for on November 17, 2004 and received the amount of Ninety Two Thousand Three Hundred and 00/100 following formal bids for the Main Mercer Fire Station, Addition, Dollars ($92,300.00). on December 15, 2004. Mechanical: Parise Mechanical, in the amount of One General Construction Base Bid Hundred One Thousand Six Hundred Sixty Six and 00/100 The Peyton Barlow Co. $1,120,000.00 Dollars ($101,666.00). 360 Delaware, Buffalo, NY The total bid price is One Million Four Hundred Sixty Seven AIIgaier Construction $1,168,000.00 Thousand Eight Hundred Sixty Six and 00/100 Dollars 4790 Thompson, Clarence, NY ($1,467,866.00). Rodems Construction Co. $1,187,000.00 I recommend that Your Honorable Body authorize the 3533 N. Buffalo Rd., Orchard Park, NY Commissioner of Public Works, Parks & Streets to order the Summit Construction Group, Inc. $1,190,000.00 work on the basis of the low bids. Funds for this project are 6 Lancaster Pkwy., Lancaster, NY available in 30062106-445100 Buildings. R. B. Mac Construction Mr. Coppola moved: $1,203,000.00 That the above communication from the Commissioner of P.O. Box 424, Lockport, NY Public Works, Parks and Streets dated December 21, 2004, be C. Nichter $1,217,000.00 received and filed; and 30 Wi/clwood, Lancaster, NY That the Commissioner of Public Works, Parks and Streets, Picone Construction Corp. $1,226,000.00 be, and he hereby is authorized to award contracts for Main 8680 Main St., Williamsville, NY Mercer Fire Station Addition, Job No. 0422, to the lowest Trason Development Corp. $1,250,000.00 responsible bidders, for General Construction to The Peyton 8171 Cole Rd., Co/den, NY Barlow Co. in the amount of $1,120,000.00; for Electrical to Hadala Construction, Inc. $1,260,000.00 Industrial Power & Lighting in the amount of $153,900.00; for 325 Grote, Buffalo, NY Plumbing to W.C. Roberson Plumbing & Construction, in the Wilsandra Construction Co., Inc. $1,285,000.00 $92,300.00; for Mechanical to Praise Mechanical, in the 300 Camden, Buffalo, NY amount of $101,666.00 for a grand total of $1,467,866.00. Walter S. Johnson Bldg. Co $1,310,000.00. Funds for the project are available in 30062106-445100 6638 Mooradian, Niagara Fails, NY Buildings. Concept Construction Corp. $1,341,000.00 PASSED 2555 Transit, Elma, NY AYES -8 - NOES - 0 Electrical Industrial Power & Lighting $ 153,900.00 NO. 14 701 Seneca, Buffalo, NY Report of Bids Tunney Electric $ 162,600.00 Water System Improvements - Chippewa St. Emergency Bid Commissioner of Public Works, Parks & Streets to issue a Ellicott change order to the contractor as set forth above. Plans and specifications were prepared and sealed proposals Mr. Coppola moved: accepted for the replacement of the waterline on Chippewa St. That the above communication from the Commissioner of between Washington St. and Main St due to the poor condition Public Works, Parks and Streets dated December 20, 2004, be of the existing main which has failed recently. received and filed; and I submit the attached report of bids received which were That the Commissioner of Public Works, Parks and Streets be, opened in my office at 11:00 a.m. on December 3, 2004. and he hereby is authorized to issue change order No. 3, to Kandey Company $67,000.00 Landmark Construction Co., Inc., an increase in the amount of 19 Raneier Dr. $1,518.00, as more fully described in the above West Seneca, NY 14224 communication, for work relating to Historical Society, Exterior Destro Brothers Inc. $83,510.00 Restoration, 1901 Pan-Am Expo Building, General 411 Ludington St. Construction, Job #0411, C #92010878. Funds for this project Buffalo, NY 14206 are available in 31510006 445100 - Division of Buildings. Mar-Wal Construction $84,048.00 PASSED 440 Gould Ave. AYES - 8 - NOES - 0 Depew, NY 14043 I certify that foregoing is a true and correct statement of all bids NO. 16 received and the Kandey Company is the lowest responsible Change in Contract bidder complying with the specifications. Historical Society I respectfully request that your Honorable Body authorize the Exterior Restoration Commissioner of Public Works, Parks and Streets to enter into 1901 Pan-Am Expo Building a contract with Kandey Company for the cost thereof to be Job #0411 charged to the Division of Water capital bond account North District 53180636 in the amount of $67,500.00 plus 10% for approved I hereby submit to Your Honorable Body the following changes unit prices for a total encumbrance of $73,700.00. for the Historical Society, Exterior Restoration, 1901 Pan-Am Mr. Coppola moved: Expo Building, General Construction, Landmark Construction, That the above communication from the Commissioner of C #92010878. Public Works, Parks and Streets dated December 23, 2004, be 1. Adding French drain along north side of retaining wall. received and filed; and Add $ 7,075.00 That the Commissioner of Public Works, Parks and Streets, The foregoing change results in a net increase in the contract be, and he hereby is authorized to award a contract for the of Seven Thousand Seventy Five and 001100 Dollars Water System Improvements - Chippewa Street between ($7,075.00). Washington and Main Streets, to Kandey Company, the lowest Summary: responsible bidder, in the amount of $67,500.00 plus 10% for Current Contract Amount $ 958,799.00 approved unit prices for a total encumbrance of $73,700.00. Amount of This Change Order (#2) Add $7,075.00 Funds for the project are available in the Division of Water Revised Contract Amount $ 965,874.00 capital bond account 53180636. Costs have been reviewed by the Consulting Architect PASSED (Hamilton, Houston, Lownie) and the Department of Public AYES - 8 - NOES - 0 Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31510006 NO. 15 445100 - Division of Buildings. Change in Contract I request that Your Honorable Body authorize the Historical Society Commissioner of Public Works, Parks & Streets to issue a Exterior Restoration change order to the contractor as set forth above. 1901 Pan-Am Expo Building Mr. Coppola moved: Job #0411 That the above communication from the Commissioner of North District Public Works, Parks and Streets dated December 14, 2004, be I hereby submit to Your Honorable Body the following changes received and filed; and for the Historical Society, Exterior Restoration, 1901 Pan-Am That the Commissioner of Public Works, Parks and Streets be, Expo Building, General Construction, Landmark Construction and he hereby is authorized to issue change order No. 2, to Co., Inc., C #92010878. Landmark Construction Co., Inc., an increase in the amount of 1. Furnish and install 4" storm line from end of under $7,075.00, as more fully described in the above drainage to new 8" storm line at southeast side excavate, communication, for work relating to Historical Society, Exterior #1 bedding stone, backfill, compact and restoration. Restoration, 1901 Pan-Am Expo Building, General Add $1,518.00 Construction, Job #0411, C #92010878. Funds for this project The foregoing change results in a net increase in the contract are available in 31510006 445100 - Division of Buildings. of One Thousand Five Hundred Eighteen and 00/100 Dollars PASSED ($1,518.00). AYES - 8 - NOES - 0 Summary: Current Contract Amount $965,874.00 NO. 17 Amount of This Change Order (#3) Add $ 1,518.00 Change in Contract Revised Contract Amount $967,392.00 North Jefferson Library Costs have been reviewed by the Consulting Architect Construction (Hamilton, Houston, Lownie) and the Department of Public Job #0324 Works, Parks & Streets and were found to be fair and Masten District equitable. Funds for this work are available in 31510006 I hereby submit to Your Honorable Body the following changes 445100 - Division of Buildings. for the North Jefferson Library, Construction, HVAC Work, W. I request that Your Honorable Body authorize the C. Roberson Plumbing & Construction Corp., C #92010865. 1. Changes necessary for underground chilled water pipe. communication, for work relating to North Jefferson Library, Add $1,021.61 Construction, Electrical Work, Job #0324, C #92010833. The foregoing change results in a net increase in the contract Funds for this project are available in 37320306 445100 - of One Thousand Twenty One and 611100 Dollars Division of Buildings ($1,021.61). PASSED SUMMARY AYES - 8 NOES - 0 Current Contract Amount $599,500.00 Amount of This Change Order (#1) ADD $ 1,021.61 NO. 19 Revised Contract Amount $600,521.61 CHANGE IN CONTRACT Costs have been reviewed by the Consulting Architect (Robert NORTH JEFFERSON LIBRARY Traynham Coles, PC, Architect) and the Department of Public CONSTRUCTION Works, Parks & Streets and were found to be fair and JOB #0324 equitable. Funds for this work are available in 37320306 MASTEN DISTRICT 445100 - Division of Buildings. I hereby submit to Your Honorable Body the following changes I request that Your Honorable Body authorize the for the North Jefferson Library, Construction, Electrical Work, Commissioner of Public Works, Parks & Streets to issue a Tunney Electric, C #92010831. change order to the contractor as set forth above. 1. Relocation of LP-3 due the conflict between the clearances Mr. Coppola moved: required. Add $ 1,572.31 That the above communication from the Commissioner of 2. Relocation of knock-out panel to the Mezzanine Mechanical Public Works, Parks and Streets dated December 14, 2004, be Rooms. Add $ 391.00 received and filed; and The foregoing change results in a net increase in the contract That the Commissioner of Public Works, Parks and Streets be, of One Thousand Nine Hundred Sixty Three and 31/100 and he hereby is authorized to issue change order No. 1, to W. Dollars ($1,963.31). C. Roberson Plumbing & Construction Corp., an increase in Current Contract Amoun $503,227.62 the amount of $1,021.61, as more fully described in the above Amount of This Change Order (#2) $ 1,963.31 communication, for work relating to North Jefferson Library, Revised Contract Amount $505,190.93 Construction, HVAC Work, Job #0324, C #92010865. Funds Costs have been reviewed by the Consulting Architect (Robert for this project are available in 37320306 445100 - Division of Traynham Coles, Architect) and the Department of Public Buildings. Works, Parks & Streets and were found to be fair and PASSED equitable. Funds for this work are available in 37320306 AYES - 13 - NOES - 0 445100 - Division of Buildings. NO. 18 I request that Your Honorable Body authorize the CHANGE IN CONTRACT Commissioner of Public Works, Parks & Streets to issue a NORTH JEFFERSON LIBRARY change order to the contractor as set forth above. CONSTRUCTION Mr. Coppola moved: JOB #0324 That the above communication from the Commissioner of MASTEN DISTRICT Public Works, Parks and Streets dated December 22, 2004, be I hereby submit to Your Honorable Body the following changes received and filed; and for the North Jefferson Library, Construction, Electrical Work, That the Commissioner of Public Works, Parks and Streets be, Patrick Development of WNY, Inc., C #92010833. and he hereby is authorized to issue change order No. 2, to 1. Subsurface conditions included more unsuitable material Tunney Electric, an increase in the amount of $1,963.31, as than was anticipated. Completion of subsurface materials more fully described in the above communication, for replacement. work relating to North Jefferson Library Add $ 5,021.00 Construction, Electrical Work, Job #0324, C 2. Changes necessary to masonry in Room 108/Stairwell 109 #92010831. Funds for this project are available in 37320306 due to plethora of plumbing pipes in the wall. Add $ 445100 - Division of Buildings. 286.33 PASSED The foregoing change results in a net increase in the contract AYES - 8 NOES – 0 of Five Thousand Three Hundred Seven and 33/100 Dollars ($5,307.33). NO. 20 Current Contract Amount $3,037,322.00 CHANGE IN CONTRACT Amount of This Change Order (#4) $ 5,3O7.33 CITY HALL Revised Contract Amount $3,042,629.33 ELEVATOR MODERNIZATION - LOW RISE Costs have been reviewed by the Consulting Architect (Robert JOB #0326 Traynham Coles, Architect) and the Department of Public ELLICOTT DISTRICT Works, Parks & Streets and were found to be fair and I hereby submit to Your Honorable Body the following changes equitable. Funds for this work are available in 37320306 for City Hall, Elevator Modernization -Low Rise, Fire Protection 445100 - Division of Buildings. Work, Davis-Ulmer Sprinkler Co., Inc., C #92010823. I request that Your Honorable Body authorize the th 1. Reroute branch lines on 14floor due to HVAC conflicts. Commissioner of Public Works, Parks & Streets to issue a Add $ 420.00 change order to the contractor as set forth above. The foregoing change results in a net increase in the contract Mr. Coppola moved: of Four Hundred Twenty and 00/100 Dollars ($420.00). That the above communication from the Commissioner of Current Contract Amount $ 42,431.00 Public Works, Parks and Streets dated December 22, 2004, be Amount of This Change Order (#2) $ 420.00 received and filed; and Revised Contract Amount $ 42,851.00 That the Commissioner of Public Works, Parks and Streets be, Costs have been reviewed by the Consulting Architect and he hereby is authorized to issue change order No. 4, to (DiDonato Associates) and the Department of Public Works, Patrick Development of WNY, Inc., an increase in the amount Parks & Streets and were found to be fair and equitable. Funds of $5,307.33, as more fully described in the above for this work are available in 36322206 445100 - Division of • Tree planting, removals and trimming Buildings. • Pavement rehabilitation I request that Your Honorable Body authorize the • Utility inspections (NIMO, National Fuel, Verizon, etc), which Commissioner of Public Works, Parks & Streets to issue a are reimbursed to the City. change order to the contractor as set forth above. • Structural engineering related to NYSDOT bridge inspections Mr. Coppola moved: and building deficiencies. That the above communication from the Commissioner of • Environmental engineering related to contained soils, tank Public Works, Parks and Streets dated December 14, 2004, be removals and emergency situations as they arise. received and filed; and Individual contracts with selected firms are not expected to That the Commissioner of Public Works, Parks and Streets be, exceed $75,000 on a yearly basis and fees will be according to and he hereby is authorized to issue change order No. 2, to uniform hourly rates related to the various types of work done. Davis-Ulmer Sprinkler Co., Inc., an increase in the amount of Funds are or will be available in Capital Project Accounts $420.00, as more fully described in the above communication, specifically identified for the various work categories. These for work relating to City Hall, Elevator Modernization, Low Rise, contracts are Fire Protection Work, Job #0326, C #92010823. Funds for this Mr. Coppola moved: project are available in 36322206 445100 - Division of That the above communication from the Commissioner of Buildings. Public Works, Parks and Streets dated December 23, 2004 be PASSED received and filed; and AYES - 8 NOES – 0 That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire professional engineering NO. 21 firms for services related to various Citywide infrastruction CHANGE IN CONTRACT projects. Funds for this project are not to exceed $75,000 on a SENECA BABCOCK COMMUNITY CENTER yearly basis and fees will be according to uniform hourly rates RENOVATIONS related to the various types of work and are available in Capital JOB #0401 Project Accounts specifically identified for the various work LOVEJOY DISTRICT categories. I hereby submit to Your Honorable Body the following changes PASSED for the Seneca Babcock Community Center, Renovations, AYES – 8 NOES - 0 General Construction, Miller Enterprises, Inc., C #92010885. 1. Replace broken panes with security glazing. FROM THE COMMISSIONER OF POLICE Add $ 802.00 The foregoing change results in a net increase in the contract NO. 23 of Eight Hundred Two and 00/100 Dollars ($802.00). DRUG ASSET FORFEITURE CHECKS RECEIVED Current Contract Amount $128,136.00 ITEM NO. 104, C.C.P. 2/2/88 Amount of This Change Order (#4) $ 8O2.OO 8155-00121079 C2-04-0037 $295.81 Revised Contract Amount $128,938.00 8155-00121466 C2-97-0110 2,160.08 Costs have been reviewed by the Department of Public Works, 8155-00121274 C2-04-0056 3,961.93 Parks & Streets and were found to be fair and equitable. Funds C2-04-0056 3,609.13 for this work are available in 34310306 445100 - Division of C2-04-0108 3,250.69 Buildings. 8155-00121409 C2-04-0107 1,514.89 I request that Your Honorable Body authorize the C2-04-0119 994.45 Commissioner of Public Works, Parks & Streets to issue a 8155-00121590 C2-01-0151 3,109.36 change order to the contractor as set forth above. 8155-00121606 C2-04-0117 4 754.89 Mr. Coppola moved: TOTAL $23,651.23 That the above communication from the Commissioner of The Drug Enforcement Administration (DEA) has Public Works, Parks and Streets dated December 14, 2004, be administratively forfeited the above referenced property. The received and filed; and checks were received by this Department and duly deposited in That the Commissioner of Public Works, Parks and Streets be, the Trust & Agency Account, #20010000-389001. These funds and he hereby is authorized to issue change order No. 4, to will be placed into one or more of the following accounts as Miller Enterprises, Inc., an increase in the amount of $802.00, deemed by the Commissioner of Police: as more fully described in the above communication, for work Educational Training/Seminar, Confidential Funds, Materials relating to Seneca Babcock Community Center, General and Supplies, Firearms and Weapons, Communications and Construction, Job #0401, C #92010885. Funds for this project Computers, Electrical Surveillance, Purchase of Services, are available in 34310306 445100 - Division of Buildings. Improvements, Vehicles, Operating Equipment PASSED If you have any questions regarding the above mentioned, AYES - 8 NOES - 0 please contact Chief Richard Ortiz at 851-5181. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 PERMISSION TO TAKE PROPOSALS / HIRE NO. 24 ENGINEERING CONSULTANTS [: VARIOUS CITYWIDE ENFORCEMENT OF NOISE ORDINANCES"] INFRASTRUCTURE / UTILITY PROJECTS ITEM #151, C.C.P. APRIL 13, 2004 Permission is being requested from Your Honorable Body for The following information is submitted per the Council's our department to accept proposals and hire professional request for a monthly report from the Buffalo Police engineering firms for services related to various Citywide Department documenting the number of noise ordinance infrastructure projects. These services would include minor citations and adjudications: design, engineering inspection, environmental testing and other November 2004 related tasks as necessary. RECEIVED AND FILED Primary work areas would include: • Curb sidewalk construction to an officer with the BPD. The BMHA officers would be required to complete all civil service testing currently mandated NO. 25 for BPD officers, and meet all necessary qualifications outlined "ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES"] by Civil Service Law. In addition, the BMHA officers would be ITEM #151, C.C.P. APRIL 13, 2004 required to complete the necessary training mandated for The following information is submitted per the Council's certification of BPD officers. request for a monthly report from the Buffalo Police Because BMHA and the BPD are two separate entities, they Department documenting the number of citations and could not be merged, but rather the BMHA officers would have adjudication's thereof of the city's illegal dumping ordinances: to complete the necessary testing and training to become a November 2004 BPD officer, being placed on the relevant hiring list, and being Total: 4 hired by the Buffalo Police Department based on the applicable RECEIVED AND FILED ranking on the hiring list. The Council should be aware that there may be considerable FROM THE COMMISSIONER OF FIRE financial consequences to this proposition, as the salary of the BMHA officers is less than that of the BPD officers. Therefore, NO. 26 there are financial concerns that would be more sufficiently CERTIFICATE OF APPOINTMENT addressed by the Department of Administration and Finance. DATE AMENDED Department Head Name: Title: APPOINTMENT EFFECTIVE December 9, 2004 IN THE Michael B. Risman DEPARTMENT OF Fire Corporation Counsel TO THE POSITION OF Deputy Commissioner at the FLAT REFERRED TO THE COMMITTEE ON LEGISLATION Starting Salary of $89,372 David C. James, 489 Ellicott Street, Buffalo, 14203 NO. 31 RECEIVED AND FILED ILLEGAL DUMPING VIOLATIONS Your Honorable Body has asked the Bureau of Administrative NO. 27 Adjudication to provide information concerning Illegal Dumping CERTIFICATE OF APPOINTMENT violations. From July 1, 2004 through November 30, 2004, Appointment effective October 18, 2004 in the Department of thirteen summonses were issued for illegally dumping trash. Fire to the position of Leutenant, Contingent Permanent Nine of those summonses have hearings pending. One Appointment at the flat Starting salary of $59,134 summons has been found not guilty at a hearing. One Wayne Pohle, 9320 Tonawanda, Clarence Center, NY 14032 summons is on a payment plan and has paid $400 to date. REFERRED TO THE COMMITTEE ON CIVIL SERVICE $17,600 is outstanding, $13,500 of which is pending the outcome of the hearings. FROM THE CORPORATION COUNSEL RECEIVED AND FILED NO. 28 NO. 32 J.N. ADAM DEVELOPMENTAL CENTER NOISE VIOLATION SUMMONSES EMPIRE STATE DEVELOPMENT CORPO AS LEAD Your Honorable Body has asked the Bureau of Administrative AGENCY Adjudication to provide information concerning Noise violation Prior Council Reference: summonses. From July 1, 2004 through November 30, 2004, Attached please find the request for the Empire State the Police Department issued 145 noise violation summonses. Development Corporation to serve as lead agency regarding To date, 66 of those summonses have been paid. Hearings the State Environmental Quality Review Act ("SEQRA") review were held on 23 summonses, 21 of which were found guilty process for the above-referenced property. In addition, I have and 2 not guilty. 8 summonses have hearings pending. included the Negative Declaration and Full Environmental $11,443 remains outstanding, which amount includes original Assessment Form completed in preparation for sale of this frees and late penalties. property. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ADMINISTRATION AND NO. 29 FINANCE J.N. ADAM DEVELOPMENTAL CENTER PROPERTY REDEVELOPMENT PROJECT INVITATION TO NO. 33 BID PERMISION TO SCRAP VEHICLE Attached please find the Invitation to Bid regarding the PW-33 above-referenced property for your review. The Division of Purchase is requesting permission to dispose REFERRED TO THE COMMITTEE ON FINANCE by means of salavage PW-33, 1989 International Bus. This bus was donated to the City by Laidlaw in November of 2000 NO. 30 and needs extensive repairs. It is has been determined to be FEASIBILITY OF MERGING THE BMHA PUBLIC unsafe and not road worthy. SAFETY DEPARTMENT Mr, Coppola moved: WITH THE BUFFALO POLICE DEPARTMENT That the above communication from the Department of ITEM #123, C.C.P. 11/16/04 Administration & Finance, Division of Purchase dated I am in receipt of a request for information regarding the above- December 22, 2004, be received and filed; and referenced item. As per the request of your Honorable Body, I That the Director of Purchase, be and she hereby is authorized am providing the following information regarding the feasibility to dispose of a 1989 International Bus, by means of salvage of merging the BMHA Public Safety Department ("BMHA") with PW-33. the Buffalo Police Department ("BPD"). PASSED Currently there are different qualifications and requirements for AYES - 8 NOES - 0 obtaining a position as an officer with the BMHA in comparison REPORTS OF ATTENDANCE I transmit herewith Communications received by me, from the NO. 34 various boards, commissions, agencies and authorities CERTIFICATE OF APPOINTMENT reporting the membership attendance at their respective Appointment Effective: December 13, 2004 in the meetings: Department of Administration and Finance, Division of Buffalo Sewer Authority Parking Enforcement to the Position of Parking RECEIVED AND FILED. Enforcement to the Position of Parking enforcement Officer ,Section 55A N?C PERMANENT APPOINTMENT at the NO. 38 Second Step of $26,504 NOTICES OF APPOINTMENTS - COUNCIL INTERNS Ricky T. Donovan, 329 North Ogden Street, Buffalo, 14206 I transmit herewith appointments to the position of Council REFERRED TO THE COMMITTEE ON CIVIL SERVICE Intern. FROM THE BUFFALO SEWER AUTHORITY Mr. Coppola moved the approval of the appointments to the position of Council Intern. NO 35 ADOPTED. A. HAZZAN-PURCHASING AND PROCUREMENT POLICY Dear Councilmembers: CERTIFICATE OF APPOINTMENT The Buffalo Sewer Authority would like to respond to Item #8, Appointment effective December 27, 2004 in the Common C.C.P. 11/16/04 - "BSA Single Source & Sole Source Council to the Position of Intern V, Seasonal, Non-Competitive Contracts Audit." Please note that a letter from the Authority at the flat starting salary of $8.00/hr providing a summary of our Procurement Policies and Danielle Mordino, 28 Standish Road, Buffalo, NY 14216 Procedures is included within the above Item. The Authority follows the General Municipal Law Section 103 NO. 39 for its Purchasing and Procurement Policy. Exceptions that are APPOINTMENTS - TEMPORARY, PROVISIONAL OR provided for in General Municipal Law include professional PERMANENT services, single, and sole source items. As a policy, the I transmit herewith Appointments in the various departments Authority forms committees to review items that fall under these made at the Minimum (Temporary, Provisional or Permanent) categories as mandated by our Board since March of 1996. (as per contract requirements). All of the Authority's contracts are reviewed and approved by REFERRED TO THE COMMITTEE ON CIVIL SERVICE. the City of Buffalo Comptroller's office. Since November of CERTIFICATE OF APPOINTMENT 2000, the City Auditor or his representative attends all of the Appointment effective November 22, 2004 in the Department of meetings and caucuses of the Buffalo Sewer Authority Board. Police to the Position of Crossing Guard, Temporary, Non- It is at these meetings that all contracts are discussed and Competitive at the Minimum starting salary of $7.09/hr approved. Dianna Mckenzie, 10 Freeman St, Buffalo, NY 14215 When professional services are required, the Authority forms a Nancy Long, 85 Fitzgerald St, Buffalo, NY 14210 committee that selects the firm to represent the Authority. With CERTIFICATE OF APPOINTMENT respect to single and sole sourcing, the Authority's committee Appointment Effective: December 11, 2004 in the Department includes the Purchasing Agent, Superintendent of Mechanical of Public Works, Parks & Streets, Maintenance, and Treatment Plant Administrator. The Division of Buildings to the Position of Senior First Class Committee reviews the information to make a determination Stationary Engineer when it is appropriate to designate a single or sole source Temporary Appointment at the Flat Starting Salary of $10.25/hr vendor. For example, a vendor may be selected in order to Mark P. Scanlon, 17 Choate Avenue, Buffalo 14220 maintain the warranty on equipment purchased. The CERTIFICATE OF APPOINTMENT Purchasing Office maintains the supporting documentation. Appointment Effective: December 9, 2004 in the Department Additionally, the Authority finds it beneficial to utilize State, of Public Works, Parks & Streets, County, and City contracts. It is a goal of the Authority to Division of Buildings to the Position of Senior First Class continually improve its Purchasing and Procurement Policy. Stationary Engineer Copies of the Authority Board Items that addressed these Temporary Appointment at the Flat Starting Salary of $10.25/hr issues are included within the above referenced Item. John A. Loughran, 205 Marine Drive, Apt. 7A, Buffalo 14202 At this time, we are open to any suggestions to improve our CERTIFICATE OF APPOINTMENT purchasing and procurement procedures. Your interest is Appointment Effective December 27, 2004 in the Department appreciated. of Administration and Finance, Division of Inventory & Stores to REFERRED TO THE COMMITTEE ON FINANCE AND THE the Position of COMPTROLLER LABORER II, Permanent, Non Competitive at the Minimum Salary of $24,429.60 FROM THE CITY CLERK Lakeith Watts, 149 E. Amherst St E-24, Buffalo, NY 14214 NO. 36 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND LEAVES OF ABSENCE WITHOUT PAY REMONSTRANCES I transmit herewith notifications received by me, reporting the NON-OFFICIAL COMMUNICATIONS granting of the leaves of absence without pay, in the various departments as listed: NO. 40 Public Works, Streets & Parks- SHARED BORDER MANAGEMENT PEACE BRIDGE Police- Sandra Brown, Joseph Luciano, EXPANSION PROJECT Christina Sikorski and R. ARNOLD Fire- Debra Cordone Dear Mr. Chwalinski: RECEIVED AND FILED. Please file the attached correspondence for the upcoming Council Session to be held on Tuesday, January 4, 2005 for NO. 37 further discussion. Thank you in advance for your assistance with this matter. welfare of the residents of the City of Buffalo. The City has Attached available for review in The City Clerk’s Office extensively studied and recommended design concepts that REFERRED TO THE COMMITTEE ON COMMUNITY support implementation of Shared Border Management. Under DEVELOPMENT separate cover, we will forward a copy of the document entitled, "Peace Gateway Improvements: The Mayor's Vision." NO. 41 From our local perspective, the choice is clear. Ultimately, we SHARED BORDER MANAGEMENT PEACE BRIDGE support Shared Border Management operations, with U.S. EXPANSION PROJECT Customs facilities on the Fort Erie side, for the following B. COCORAN reasons: Dear Mr. Chwalinski: • It has the smallest footprint Please file the attached correspondence for the upcoming • Requires the least displacement Council Session to be held on Tuesday, January 4, 2005 for • Preserves the most housing further discussion. • Saves the most taxbase Thank you in advance for your assistance with this matter. • Restores the most park land Attached available for review in the City Clerk’s Office • Improves air quality REFERRED TO THE COMMITTEE ON COMMUNITY • Provides the most efficient traffic pattern DEVELOPMENT • Creates a great gateway opportunity Local experience aside, the Peace Bridge Transportation and NO. 42 Trade Corridor serves America's most important trade SHARED BORDER MANAGEMENT PEACE BRIDGE relationship and serves as America's second busiest land port. EXPANSION PROJECT Unfortunately, increasing truck and passenger traffic volumes C. SCHUMER result in delays that cost our economies an estimated $12 Dear Mr. Chwalinski: billion per annum. Capacity expansion alone will not solve the Please file the attached correspondence for the upcoming problem, as evidenced by the experience of other northern Sincerely, border crossings. Recognizing that the Peace Bridge supports trade relationships Council Session to be held on Tuesday, January 4, 2005 for worth a quarter trillion dollars that foster jobs in at least 37 further discussion. states, we must endeavor to build a Shared Border Thank you in advance for your assistance with this matter. Management Gateway between the United States and Canada Attached available for review in the City Clerk’s Office that will be the most progressive border station in our country, REFERRED TO THE COMMITTEE ON COMMUNITY and serve as a model for other border crossings. DEVELOPMENT For our neighboring city and town, for our greater bi-national region, and for our two nations, time is, indeed, of the essence NO. 43 in implementing Shared Border Management. In working SUPPORT SHARED BORDER MANAGEMENT PEACE together, we will not only build a border that both nations can be BRIDGE EXPANSION PROJECT proud of, we will also improve the flow of international Dear Mr. Chwalinski: commerce while stimulating investment in our local economies. Please file the attached correspondence for the upcoming The City of Buffalo pledges its full support to make Shared Council Session to be held on Tuesday, January 4, 2005 for Border Management and a better Peace Bridge border further discussion. crossing a reality. Thank you in advance for your assistance with this matter. Anthony M. Masiello Dear Consul General Marsham: REFERRED TO THE COMMITTEE ON COMMUNITY We would like to thank you for providing us with the opportunity DEVELOPMENT to comment on vital issues regarding alternative clearance options at the Peace Bridge border crossing. NO. 44 The City of Buffalo and the Town of Fort Erie share a fine B. DAVIS- tradition of friendship and common interest. Hosting the Peace BUFFALO SEWER AUTHORITY –RATES FOR VARIOUS Bridge, our communities remain challenged by the goal of LEGAL COUNSEL implementing an improved border crossing that ensures Dear Mr. Chwalinski, security and efficiency, while protecting our environment. The Please file the attached correspondence for the upcoming issues arising from the Bi-National Integrated Environmental Tuesday, December 28, 2004 for further discussion. Process require innovative solutions - a new model is clearly Council Session to be held on needed to get the job done. As representatives of the City of Thank you in advance for you assistance in this matter. Buffalo, we are encouraged by the widespread support on both December 27, 2004 sides of the border for a pilot program, examining the concept Dear Councilmember Davis: of Pre-Clearance in a Shared Border Management setting, at The following is a direct response to questions that came the Fort Erie Peace Bridge Plaza. up during the Finance Committee meeting of December 21, The City of Buffalo has long advocated a Peace Bridge 2004. Gateway that preserves and showcases the historical character The President and CEO of Malcolm Pirnie is William Dee, and, of the West Side of Buffalo and our beautiful waterfront parks. has been since 1999. These elements of Buffalo's famous Frederick Law Olmsted Rates for legal counsel the Authority retains are as such: parkway system are listed on the National Registry of Historic FIRM HOURLY RATE Places. We envision a project that transforms Buffalo's Niagara Damon and Morey Street into an "International Gateway". Niagara Street originates Bond Counsel $200 Partner in downtown Buffalo where the President William McKinley $160 Associate Monument - a scale replica of the Washington Monument - Labor Relations $150 Panner crowns Niagara Square. Most importantly, we have planned $125 Associate Hiscock & Barclay $175 Blended Rate Environmental Regs & $ 85 Staff Gateway improvements that will protect the health, safety and Compliance Issues NO. 46 Litigation & Class Action ASSEMBLY BILL A09481 Connors and Vilardo $150 AssociateDEMOLITION OF PRIVATELY OWNED BUILDINGS THAT Litigation Matters $75 Staff POSE A The Advocacy Group was hired for a 5-month contract SIGNIFICANT THREAT TO PUBLIC HEALTH AND SAFETY beginning February 1, 2001, which was renewable on a month-Dear Majority Leader: to-month basis thereafter. The Authority conducted business We write as members of the Buffalo Common Council to first with Robert Mills, a Partner at the Group. George Ramonas thank you for sponsoring the above mentioned legislation. As served as President and founder at that time. The services of you know, a companion Bill sponsored by Senator William the Advocacy Group were terminated as of November 30, 200 Stachowski S05805 passed the State Senate on 8/12/04. l. Passage of this legislation is extremely important to the City of Thank you very much. Buffalo. Buffalo has two sources of funding for demolitions, REFERRED TO THE COMMITTEE ON FINANCE AND THE CDBG funds and Bond funds. COMPTROLLER Current state law allows the city to use bond funds only for city owned buildings. Bond funds cannot be used for emergency NO. 45 demolitions of non-city owned buildings due to a fire or any SUGGESTION TO THE DEPARTMENT OF PUBLIC other threat to public health and safety. The city utilizes CDBG WORKS (GREEN CAN) LEAF PICK UP funds to demolish an average of 12 homes a month due to fires Dear Mr. Chwalinski, at a cost of $1 million per year. In addition to these emergency Please file the attached correspondence for the upcoming demolitions, Buffalo currently has a list of 397 properties Council Session to be held on Tuesday, December 28, 2004 approved for demolition that are not city owned and for which for further discussion. funds are not available. Thank you in advance for you assistance in this matter. Passage of the legislation sponsored by you will simply provide Dear Mr. Davis, the city with greater flexibility in utilizing existing bond funds to Please find attached copies of letters I have written to Mr. address the removal of properties, which are a threat to public Joseph Giambra regarding leaf cleanup. health and safety. Vacant and abandoned properties affect the It has occurred to me that an easier solution might be to issue quality of life for neighborhood residents and impact an already residents a "Green" can corresponding to our existing "Blue" overburdened police department, fire department and cans. The "Green" can could contain compostable yard waste inspections department that must respond to the problems such as branches, grass clippings, leaves, etc. The City could associated with these properties. schedule "Green" can pickup once a month or weekly during As you address the legislative agenda before the State leaf season. Legislature, we ask that you do what you can to make the This might relieve some of the burden on the street crews passage of this Bill a reality as soon as possible. Thank you for because the cans are designed to be lifted into the trucks your efforts on behalf of the City of Buffalo. mechanically whereas now the street crews are required to pick That Copies be sent to the WNY Delagation. up all those plastic bags manually. ADOPTED Dear Commissioner Giambra, NO. 47 In October 2003, I wrote you regarding the annual confusion SHARING OF THE SALES TAX WITH THE CITY OF which occurs all over Buffalo regarding disposition of leaves BUFFALO (see attached). Despite the clear and concise instructions Dear Honorable Legislators: accompanying the quarterly User Fee, there are still piles of On December 10, 2004 the Erie County legislature adopted leaves deposited in the street at the curb. In some cases, the their annual operating budget for the upcoming fiscal year. This leaf piles are so large that they interfere with street parking and Budget includes additional new revenue in the form of a one- even traffic. By now the piles are diminished somewhat due to percent increase in Sales taxes that is projected to generate wind, rain and the mashing action of car tires which reduces upwards of $110 million dollars. the leaves to a slimy mess. Although the final budget documents are still being assembled, To add to the confusion, on at least two occasions, we have it has been reported that the City of Buffalo is slated to receive observed a City vacuum truck and a front loader collecting approximately $5.9 million dollars of the newly enacted Erie leaves on Cottage Street. Does the City have a policy of County sales tax revenue. What is unclear however, is whether collecting leaves in this manner? And if so why are we the $5.9 million dollars is simply a one-time grant or a instructed to contain them in clear bags? continuing formula / percentage distribution of the additional If the City intends to collect loose leaves at the curb, then there one percent sales tax. should be a published schedule for this service which is The City of Buffalo, as part of its four year financial plan that is compatible with the alternate side street parking schedule. required by the Buffalo Fiscal Stability Authority (BFSA) Act, anticipated new Sales tax revenue of $7.0 million dollars. The Dear Commissioner Giambra, City working together with the BFSA has made many painful The annual chore of cleaning up leaves is rapidly approaching. decisions, and is committed to making many more in its efforts Last year, a number of my neighbors were under the mistaken to right-size city government, streamline operations, and attract impression that the City would pick up the leaves and so new businesses and new revenue producing initiatives. The dumped their leaves at the curb instead of in clear plastic bags City's receipt of sales tax funds is another very important as is explained in a flyer you sent earlier in the year. Dumping component of its fragile annual financial plan, a plan that is the leaves at the curb creates a worse mess than not gathering closely monitored and approved by the BFSA Board. The them at all and puts an added burden on the street crews. action of the Erie County Legislature while laudable, has none- It might be helpful to rebrief the folks as to proper procedure the-less caused the City to incur a financial plan gap of $1.1 during Fall cleanup. million dollars. REFERRED TO THE COMMITTEE ON LEGISLATION AND The "temporary" one percent additional sales tax levied in 1988, THE COMMISSIONER OF PUBLIC WORKS (the eighth penny) was to enable Erie County to eliminate its huge General Fund deficit at the time. Erie County eliminated their deficit, and annually since 1988, has requested and the Having received the above referenced item ("R. Cummings - NYS legislature has approved the extension of the "temporary" Pay Invoices for Tosh Collins and Cazenovia Ice Rink one-percent. Monitoring), I forwarded copies of all related documentation to Sadly, not a penny of the additional and temporary sales tax the County Attorney's Office for review. In addition, I contacted has been shared with the City of Buffalo. If the eighth penny Mr. Cummings by telephone to inform him of this action. were shared in the same fashion as other portions of the sales In my opinion, this matter will be resolved by through the tax, Buffalo would be receiving an additional $20 million per various legal entities who must interpret the contractual year. Ironically the City borrowed $19 million from the BFSA agreement between the City of Buffalo and the County of Erie this year. If the ninth penny being added now were shared with with respect to operational responsibilities. all local governments, Buffalo would receive an additional $20 This office is available to answer any additional questions or million per year for a total of $40 million per year in additional concerns you may have regarding this matter. revenue. REFERRED TO THE COMMITTEE ON FINANCE, AND THE Buffalo receives significantly less sales tax funding than other COMMISSIONER OF PUBLIC WORKS New York State cities. While Buffalo receives 12.8% of sales tax funds, Rochester receives 23.7% and Syracuse receives NO. 53 33.4%. We humbly request that our local delegation correct SALE OF JN ADAMS HOSPITAL this long-term inequity by requiring in your approval of the Attached available for review in the City Clerk’s Office eighth and ninth penny, that such funds be shared with Buffalo REFERRED TO THE COMMITTEE ON FINANCE and all other local governments utilizing the same formula currently in place for other portions of the sales tax. No. 54 Working together, we can and will make a difference. Buffalo MBEC Committee was and can once again be prosperous; a combined effort by Please file the attached documents that were presented at the our citizens, local, county, state and federal leaders, together MBEC Meeting held on Monday, December 20, 2004 from with stability in the levy and sharing of vital sales tax revenues, BERC, Buffalo Municipal Housing Authority (BMHA) and the can only make this a reality that much sooner. As the City goes, Buffalo Sewer Authority (BSA) so does the county, the region and the state; together we can Please refer to the MBEC Committee. prosper. Copy available in the City Clerks Office for review all RECEIVED AND FILED ADOPTED NO. 55 NO. 48 INFO PEST MANAGEMENT ATTENDANCE J. GOLOMBEK-ARTICLE AIRPORTS IMPOSING/RAISING We continue to be disappointed by Mr. Frank Poincelot's FEES ON LIMOUSINES inability to attend the PMB to discuss his activities in pest COPY AVAILABLE IN THE CITY CLERKS OFFICE management and the pesticide sunset legislation. We invited REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Poincelot to our latest meeting, in writing, and learned just prior to the meeting that Mr. Poincelot was on vacation and NO. 49 unavailable. STATUS OF HUD HOME FUNDING For two years, we have sought to find out whether Mr. Poincelot Please file the attached documents that are in response to #27 intends to follow the law, and if not, why. Item #57, CCP 11/16/04, "J. Golombek-Status of IIUD We would like to know when Mr. Poincelot will request waivers Home Funding" of the CD Agenda. Please refer to the CD for his use of pesticides covered under the sunset law. When Committee. does he intend to provide the justification for use? When will he REFERRED TO THE COMMITTEE ON COMMUNITY begin to implement integrated pest management approaches to DEVELOPMENT minimize use of toxics? We would like him to comply with these items by our next NO. 50 meeting, January 17,2005. INFO HICKORY WOODS REFERRED TO THE COMMITTEE ON LEGISLATION AND Please file the attached document that were presented by THE COMMISSIONER OF PUBLIC WORKS Councilmember James D. Griffin at the Committee on Community Development Meeting held on Wednesday, PETITIONS December 22, 2004. Please refer to the CD Committee. NO. 56 REFERRED TO THE COMMITTEE ON COMMUNITY 346 MILITARY DEVELOPMENT POLE SIGN THE ATTACHED PERMIT IS FOR COMMON NO. 51 COUNCIL APPROVAL F. LUHR-ERIE CANAL HARBOR PROJECT NO PUBLIC HEARING IS REQUIRED AS Dear Mr. Chwalinski: DETERMINED BY THE PERMIT OFFICE Enclosed is a copy of the Supplemental Final Environmental REFERRED TO THE COMMITTEE ON LEGISLATION, THE for the Erie Canal Harbor project in Impact Statement (SFEIS) CITY PLANNING BOARD AND THE CORPORATION Buffalo, New York. Please file this document Thank you. COUNSEL Florine Luhr MESSAGE TO APPLICANT: PLEASE CONTACT BILL Project Director GRILLO OF THE CITY PLANNING BOARD AT 851-5806 TO REFERRED TO THE COMMITTEE ON COMMUNITY DETERMINE WEATHER OR NOT YOU NEED PLANNING DEVELOPMENT AND THE COMMISSIONER OF BOARD APPROVAL STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL AND THE CITY PLANNING NO. 52 BOARD L. JASINSKI-PAY INVOICES TOSH COLLINS & NO. 57 CAZENOVIA ICE RINK PETITION OF SUPPORT Appointment Secretary to Commissioner of WE THE UNDERSIGN SUPPORT THE OPENING OF THE Administration & Finance NEW CONVENIENCE STORE, NILSON FARMS LOCATED (Item No. 30, C.C.F., Nov. 30, 2004) AT 1074 KENSINGTON AVENUE. That the appointment of Marilyn Fazio, residing at 23 McClellan COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW Circle be, and hereby is received and filed. RECEIVED AND FILED ADOPTED Regular Committees FINANCE (Brian C. Davis, Chairman) CIVIL SERVICE (Bonnie E. Russell, Chairperson) NO. 66 Certificate of Necessity-Transfer of NO. 58 Funds(Various)(Compt) Personal and Employee Background Information (CC) (CCP# 6, Dec 14) (CCP# 33, Dec 14) That the above item be and the same hereby is Received and That the above item be and the same hereby is Received and Filed Filed ADOPTED ADOPTED Recommended by the Committee on Finance NO. 59 NO. 67 Appt Associate Accountant (Temp)(Inter)(Compt) Certificate of Necessity-Increased Appropriation Fund (C.C.P # 8, Dec 14, 2004) Balance Capital Projects(Compt) That the Temporary appointment of John L. Rusnak, of 64 (CCP# 7, Dec 14) Brinton St Homer Avenue at the Intermediate Salary be the That the above item be and the same hereby is Received and same and is approved. Filed PASSED ADOPTED AYES - 8 - NOES - 0 NO. 68 NO. 60 Change in Contract Seneca Babcock Comm Ctr Job# 401 Appt Dog Control Officer (Perm)(Max)(PW) (Lovejoy)(PW) (CCP# 15, Dec 14) (C.C.P # 21, Dec 14, 2004) That the above item be and the same hereby is Received and That the Permanent appointment of Andrew Kleinfelder, of 27 Filed Hewitt Ave at the Maximum Salary be the same and is ADOPTED approved. PASSED NO. 69 AYES - 8 - NOES - 0 County Purchase of City Water System(CC) (CCP# 28, Dec 14) NO. 61 That the above item be and the same hereby is Received and Appt Supervisor of Licenses (C.C.P # 35, Dec 14, 2004) Filed That the Temporary appointment of Mary Rose Zizzo of 181 ADOPTED Newfield Ave at the Intermediate Salary be the same and is approved. NO. 70 PASSED M. Coppola-Water Merger AYES - 8 - NOES - 0 (CCP# 50, Dec 14) That the above item be and the same hereby is Received and NO. 62 Filed Appt Secretary to Commissioner of ADOPTED A&F(Exempt)(Revised) A&F (CCP# 38, Dec 14) That the above appointment of Marilyn Fazio of 23 McClellan NO. 71 item be and the same hereby is Received and Filed Possible Merger Buffalo Sewer Authority & Bflo Water ADOPTED system(CC) (CCP# 29, Dec 14) NO. 63 That the above item be and the same hereby is Received and Notices of Appointment Temporary, Provisional Filed Permanent ADOPTED (CCP# 45, Dec 14) That the above item be and the same hereby is Received and NO. 72 Filed Possibility of Merging Buffalo Sewer Authority and The ADOPTED Buffalo Water System (Sewer) (CCP# 40, Dec 14) That the above item be and the same hereby is Received and NO. 64 Filed Notices of Appointment Temporary, Provisional ADOPTED Permanent (Cclk) (CCP# 46, Dec 14) NO. 73 That the above item be and the same hereby is Received and M. Coppola -Niagara Mohawk Service of Streetlights Filed (CCP# 49, Dec 14) ADOPTED That the above item be and the same hereby is Received and Filed NO. 65 ADOPTED REQUEST TO PLACE CAMERAS AT STRATEGIC NO. 74 LOCATIONS(CIT SERV) R. Cummings - Pay Invoices for Tosh Collins & (CCP# 4, NOV 30) Cazenovia Ice Rink Central Ice Rink Monitoring (Law) That the above item be and the same hereby is Received and (Item No. 31, C.C.P., Dec. 14, 2004) Filed That the above item be, and the same hereby is returned to the ADOPTED Common Council without recommendation. Mr. Davis moved: NO. 82 That the above-mentioned item be and the same is hereby P. WOLF INFO LEGALITY OF UTILIZING SURVEILLANCE received and filed. CAMERAS TO COMBAT CRIME (CCP# 56, NOV 30) No. 75 That the above item be and the same hereby is Received and R, Cummings - Pay Invoices for Tosh Collins & Filed Cazenovia Ice Rink Central Ice Rink Monitoring (Item No. ADOPTED 54, C.C.P., Nov. 16, 2004) (Item No. 85, C.C.P., Dec. 14, NO. 83 2004) AUDIT OF BCAR(PKG BD) That the above item be, and the same hereby is returned to the (CCP# 5, JULY 6) Common Council without recommendation. That the above item be and the same hereby is Received and Mr. Davis moved: Filed That the above-mentioned item be and the same is hereby ADOPTED received and filed. ADOPTED NO. 84 UTILIZATION OF OUTSIDE COUNSEL BY THE LAW NO. 76 ND DEPT(2RES) R. Cummings - Pay Invoices for Tosh Collins & (CCP# 137, NOV 3) Cazenovia Ice Rink Central Ice Rink Monitoring (Pub. That the above item be and the same hereby is Received and Works) (Item No. 15, C.C.P., Nov. 30, 2004) (Item No. 86, Filed C.C.P., Dec. 14, 2004) ADOPTED That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 85 Mr. Davis moved: COB POLICE DEPT REQUEST FOR COMMENTS That the above-mentioned item be and the same is hereby POLICE/FIRE RET SYSTEM(POL) received and filed. (CCP# 24, NOV 16) ADOPTED That the above item be and the same hereby is Received and Filed No. 77 ADOPTED J. Golombek-Article Landmark Water Towers May Receive New Names (CCP# 57, Dec 14) NO. 86 That the above item be and the same hereby is Received and T. THRATHEN - PURCHASE J. N. ADAM DEVELOPMENT Filed CENTER PROPERTY ADOPTED (ITEM NO. 55, C.C.P., NOV. 30, 2004) That the above item be, and the same hereby is, returned to NO. 78 the Common Council without recommendation. Transfer of Title - Urban Homestead - 228 Mulberry Street Mr. Davis moved that the above item be recommitted to the (Item No. 18, C.C.P., Nov. 3, 2004) Committee on Finance. (Item No. 87, C.C.P., Dec. 14, 2004) ADOPTED That the above item be, and the same hereby is returned to the Common Council without recommendation. NO. 87 Mr. Davis moved that the above item be recommitted to the CHAIRMAN Committee on Finance. J. N. ADAM DEVELOPMANT CENTER, PERRYSBURG, ADOPTED NEW YORK (LAW) (ITEM NO. 26, C.C.P., OCT. 5, 2004) (ITEM NO. 79, C.C.P., NOV. 30, 2004) NO. 79 That the above item be, and the same hereby is, returned to Demolition of 736 Main St (CC)(#28,11/30) (CCP# 112, Dec the Common Council without recommendation. 14) Mr. Davis moved that the above item be recommitted to the That the above item be and the same hereby is Received and Committee on Finance. Filed ADOPTED ADOPTED NO. 88 NO. 80 NFL GRANT(CC) (CCP# 27, NOV 30) 736 Main Street Request Info on Code Violation Dismissal That the above item be and the same hereby is Received and nd (Ell)(2res)(#130,11/3) (CCP# 130, Dec 14) Filed That the above item be and the same hereby is Received and ADOPTED Filed ADOPTED NO. 89 ADOPTED NO. 81 BUFFALO RAIDERS LITTLE LEAGUE FOOTBALL(PW) (CCP# 46, SEPT 7) That the above item be and the same hereby is Received and during production or disposal from those that do not; and Filed Developing an implementation plan with reduction targets for ADOPTED considering these criteria along with other environmental, social, and economic factors when purchasing products in city NO. 90 departments, offices and agencies in order to reduce pollution NFL GRANT BFLO RAIDERS LITTLE LEAGUE from PBTs. Within one year of passage of this Resolution, the FOOTBALL(CC) City will report on their progress and will achieve an (CCP# 29, NOV 16) Implementation Plan for the purchase of products on behalf of That the above item be and the same hereby is Received and City departments, offices, and agencies by six months Filed thereafter. The Implementation Plan shall include identification ADOPTED and analysis of City uses of PBT-generating products, and purchasing shall be prioritized based on PBT-reduction NO. 91 opportunity, technical and economic feasibility, and protection RENOVATIONS COMMON COUNCIL CHAMBERS(PW) of human health and the environment. (CCP# 35, FEB 6) Items to be considered in the development of the That the above item be and the same hereby is Received and implementation plan will be determined by identifying and Filed analyzing City uses of products containing chemicals identified ADOPTED on the EPA PBT priority list or products that result in the generation of such PBTs during their manufacture. NO. 92 Implementation Plan actions will be prioritized based on RENOVATIONS COMMON COUNCIL CHAMBERS(PW) reduction opportunity potential, technical feasibility, economic (CCP# 22, NOV 16) feasibility, and protection human health and the environment. That the above item be and the same hereby is Received and The use o an alternative product should be considered health Filed and the environment. The use of an alternative product should ADOPTED be considered economically feasible if its cost, including cost of application, is within 110% of the full costs of the product of LEGISLATION concern. In assessing economic feasibility, long-term public (RICHARD A. FONTANA, CHAIRMAN) health and environmental implications should be considered, as NO. 93 well as the opportunity to stimulate development of alternatives. S. MAYNARD, PETITION TO USE 88 W. CHIPPEWA - By encouraging the development of new products, the City's EXTENSION OF ENTRYWAY ENCLOSURE purchasing policies may encourage market transformation and (ITEM NO. 73, C.C.P., DEC. 14, 2004) drive costs down below the 110% threshold. That the petition of S. Maynard, agent, for permission to use 88 The Director of the Division of Purchase and the City of W. Chippewa, for an extension of 3" for vestibule on Delaware Buffalo's Environmental Management Commission file a written and Chippewa sides approximately 3' for door swing be, and response to this resolution with the City Clerk's Office within 30 hereby is approved. days. PASSED Adopted AYES - 8 NOES - 0 NO. 97 NO. 94 ORDINANCE AMENDMENT - CHAPTER 491 - WATER AND APPOINT MEMBER TO EMERGENCY MEDICAL WATER POLLUTION SERVICES BOARD(MAYOR) (ITEM NO. 153, C.C.P., DEE. 14, 2004) (CCP# 1, DEC 14 16) That after the public hearing before the Committee on That the above item be and the same hereby is Received and Legislation on December 21, 2004, the Ordinance Amendment Filed as contained in Item No. 153, C.C.P., December 14, 2004, be ADOPTED and the same hereby is approved. PASSED NO. 95 AYES - 8 NOES - 0 B. COLEMAN-UPCOMING RESOLUTION FOR PBT FREE PURCHASING IN THE COB NO. 98 (CCP# 48, DEC 14 ) S. DAY, OWNER, USE 44 ALLEN FOR OUTDOOR That the above item be and the same hereby is Received and CAF6(ELL)(HRG Filed (10/12)(#66,10/5)(#84,11/3)(#85,11/30) ADOPTED (CCP# 103, DEC 14 That the above item be and the same hereby is Received and NO. 96 Filed REQUEST FOR PBT-FREE PURCHASING ADOPTED (ITEM NO. 162, C.C.P., DEC. 14, 2004) That the City of Buffalo considers persistent pollution NO. 99 prevention a high priority for action to reduce risk to public and REAPPOINT MEMBERS ELEVATOR SAFETY REVIEW environmental health, and intends by this resolution to BOARD(MAYOR)(#1,11/30) encourage the reduction of pollution from PBTs; and (CCP#122, DEC 14) That the City of Buffalo encourages elimination of PBTs That the above item be and the same hereby is Received and through its procurement practices wherever possible and urges Filed the Purchasing Department and other appropriate Departments ADOPTED of the City of Buffalo to consider the presence of PBTs in making purchasing decisions by: NO. 100 Developing and applying criteria that differentiate products M. COPPOLA-J. GOLOMBEK-ELMWOOD VILLIAGE containing PBTs and those that result in release of PBTs COMM DISTRICT DESIGN GUIDELINES (CCP#57 NOV 3) That the above item be and the same hereby is Received and That the above item be and the same hereby is Received and Filed Filed ADOPTED ADOPTED COMMUNITY DEVELOPMENT NO. 101 (JOSEPH GOLOMBEK JR., CHAIRMAN) M. LUCIANO, PETITION TO USE 256 ALLEN - OUTDOOR NO. 109 PATIO (ITEM NO. 65, C.C.P., OCT. 5, 2004) (ITEM NO. 90, APPROVAL OF CONTRACT FOR SALE OF LAND 266 & C.C.P., NOV. 30, 2004) 286 OAK That the petition of M. Luciano, owner, for permission to use (ITEM NO. 6, C.C.P., NOV. 30, 2004) (ITEM NO. 125, 256 Allen for an outdoor patio be, and hereby is denied. C.C.P., DEC. 14, 2004) ADOPTED That the above item be, and the same hereby is returned to NO. 102 the Common Council without recommendation. R. FONTANA SAMPLING-OF 911 CALLS TO FRANK'S Mr. Coppola moved: BAR 256 ALLEN(ELL) That after a public hearing on December 21, 2004, the Buffalo (CCP#41 ,OCT 19) Urban Renewal Agency duly designated Signature That the above item be and the same hereby is Received and Development Buffalo, LLC, and/or joint venture, partnership, Filed corporation or other legal entity to be formed as the qualified ADOPTED and eligible Redeveloper for 266 and 286 Oak Street. Conditioned upon that 90% of the sale price is forwarded and NO. 103 provided to the City of Buffalo M. LUCIANO, 256 ALLEN ST LNFO 911 POLICE CALLS PASSED (ELL)(POL) AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, (CCP#33 ,NOV 3) FRANCZYK, RUSSELL, THOMPSON - 7 NOES – That the above item be and the same hereby is Received and GRIFFIN - 1 Filed ADOPTED NO. 110 OPPOSITION TO ELIMINATING HOUSING AUTHORITY NO. 104 POLICE OFFICERS(POL) MANDATORY PURCHASING ENERGY STAR COMPLIANT (CCP#23 ,DEC 14) TH That the above item be and the same hereby is Received and EQUIP COB(4RES ONLY) Filed (CCP#199 ,JULY 20) ADOPTED That the above item be and the same hereby is Received and Filed NO. 111 ADOPTED C. HAMILTON -CITY'S DELAY-WORLD OF FAITH OF NO. 105 CHURCH LAND EXCHANGE JEFFERSON AVE ORDINANCE AMENDMENT - CHAPTER 511 - ZONING LIBRARY (ELMWOOD AVENUE) (CCP#136 ,DEC 14) (ITEM NO. 142, C.C.P., NOV. 30, 2004) That the above item be and the same hereby is Referred to the That after the public hearing before the Committee on Committee on Claims Legislation on December 21, 2004, the Ordinance Amendment ADOPTED as contained in Item No. 142, C.C.P., November 30, 2004, be and the same hereby is approved. NO. 112 PASSED D. BONIFACIO-C. SCHUMER SHARED BORDER AYES - 8 NOES - 0 MANAGEMENT (CCP#111 ,SEPT 2) NO. 106 That the above item be and the same hereby is Received and CITY OF BUFFALO TAXICAB METER RATE INCREASE Filed PROPOSAL ADOPTED (CCP#43 ,NOV 30) That the above item be and the same hereby is Received and RESOLUTIONS Filed NO. 113 ADOPTED BY: MR. BONIFACIO THE SALE OF A CITY OF BUFFALO OWNED LOT NO. 107 LOCATED AT 368 CONNECTICUT BROADWAY MARKET - POLE SIGN - 999 BROADWAY Whereas The West Side Neighborhood Housing Services, a (ITEM NO. 13, C.C.P., OCT. 19, 2004) not-for-profit agency dedicated to the preservation and That the above item be, and the same hereby is returned to the revitalization of Buffalo's West Side neighborhoods, has an Common Council without recommendation. interest in purchasing the lot located at 368 Connecticut; and Mr. Fontana moved that the above item Whereas The lot is owned by the City of Buffalo and has an be recommitted to the Committee on Legislation assessed value of $3,100; and ADOPTED Whereas The lot will be of great use to the parking needs of the citizens in the West Side Community as well as assist in the NO. 108 effort to revamp the Connecticut Business District; and DAMAGE TO CITY OF BUFFALO EMPLOYEE'S Now, Therefore Be It Resolved: PERSONAL EFFECTS That the Common Council request the Director of Real Estate (CCP#134 ,NOV 30) to negotiate a sale of the City owned lot located at 368 Connecticut with the West Side Neighborhood Housing supervisory experience in public administration, Services. which may include a senior management position ADOPT in strategic planning. The [executive director] Commissioner of strategic planning NO. 114 shall be appointed by the mayor and may be removed at will by MR. COPPOLA the mayor. DETERMINATION AND FINDINGS: FILLMORE / BUELL § 6-5. Powers and Duties of the [Executive Director] FIRE STATION Commissioner of Strategic Planning. Whereas The City of Buffalo (the "City") is currently The [executive director] Commissioner of strategic planning considering whether to develop a new fire station at the shall: northwest corner of the intersection of Fillmore and Buell for (a) Prepare for the mayor a proposed annual four-year strategic the purpose of replacing the existing and dilapidated fire station plan of the city as described in this charter. located at Kehr and Winslow; and (b) Coordinate the planning of the various city departments and Whereas On November 30, 2004, the City, by the Common agencies. This shall not impair the powers of the governing Council, pursuant to the Eminent Domain Procedure Law bodies or officers of any of these entities. ("EDPL"), conducted a public hearing over the proposed (c) Convene a quarterly joint meeting of the following officers Project and closed the public hearing on December 10, 2004; to assist in the development and implementation of the four and year strategic plan: the mayor, city comptroller, the chairman of Whereas The City, pursuant to the State Environmental Quality the Buffalo urban renewal agency, and the chief executive Review Act, acting as Lead Agency, has evaluated the Project officers of the local development corporations mentioned in and its potential impacts on the environment, has determined section 19-2 of this charter. The quarterly joint meeting shall that the Project constitutes an unlisted action pursuant to also include, with the consent of their respective governing SEQRA and, on November 16, 2004, issued a negative bodies, the president of the board of education, the declaration, determination of non-significance. superintendent of schools, the chair of the Buffalo municipal Now, Therefore, Be It Resolved: housing authority, and the chair of the Buffalo sewer authority. That the City does hereby make its Determination and Findings (d) Adopt rules or procedures to facilitate the preparation and to proceed with the Project, in the form attached hereto as implementation of the four-year strategic plan. Exhibit 1; and (e) Prepare for the mayor a capital budget and a capital Be it further resolved: improvement program pursuant to section 20-24 of this charter. That the City's Special Counsel, Hiscock & Barclay, LLP, is (f) Prepare for the mayor an annual management plan and hereby directed to publish the Synopsis of the Determination report pursuant to section 19-5 of this charter. and Findings in the in the form attached hereto (g) Supervise the directors of the division of zoning and land Buffalo News use planning, division of environmental affairs, division of as Exhibit 2, as required by law. development and division of intergovernmental relations. (h) Refer appropriate matters to the environmental NO. 115 management commission, the planning board and the Buffalo BY: MR. COPPOLA preservation board request their advice, receive and take EXCUSE COUNCILMEMBER GOLOMBEK FROM appropriate action upon their reports and recommendations COUNCIL MEETING and integrate them into the city's strategic planning. Whereas: Joseph Golombek, North District (i) Exercise all the duties conferred upon him or her by Councihnember requests permission to be provision of the charter and have such other powers and duties excused from the December 28, 2004, meeting as may be granted by local law or ordinance. of the Buffalo Common Council; § 6-7. Qualifications and Appointment of Director of Zoning and Now, Therefore, Be It Resolved: Land Use Planning. That the Common Council of the City of Buffalo excuses The director of zoning and land use planning shall hold a Joseph Golombek, North District Councilmember from the baccalaureate or post baccalaureate degree in planning or in a December 28, 2004, meeting of the Buffalo Common Council. related professional field from an accredited college or ADOPT university, and have at least two years experience as a planner, NO. 116 or equivalent qualifications which are acceptable to the BY: MR. COPPOLA: [executive director] Commissioner of strategic planning. The CITY OF BUFFALO director of zoning and land use planning shall be appointed by LOCAL LAW NO. -- (2004) INTRODUCTORY NO. 17 (2004) the [executive director]Commissioner of strategic planning and A LOCAL LAW That Article 6 of the Charter of the City of may be removed by the [executive director] Commissioner of Buffalo, establishment of the strategic planning. Office of Strategic Planning Commissioner adopted pursuant § 6-8. Powers and Duties of the Director of Zoning and Land to law, is Use Planning. hereby amended as follows: The director of zoning and land use planning shall: BE IT ENACTED BY THE COMMON COUNCIL OF THE (a) Supervise, manage and be responsible for the affairs and CITY OF BUFFALO AS FOLLOWS: activities of the division of zoning and land use planning. § 6-3. Establishment of Office of Strategic Planning. (b) Advise and otherwise assist the [executive director] There shall be an office of strategic planning within the Commissioner of strategic planning, the mayor, the common executive department. The head of the office of strategic council, the city planning board, the citizens planning council, planning shall be the executive director of strategic planning. the environmental management commission, the Buffalo § 6-4. Appointment and Qualifications of the [Executive landmark and preservation board, and other departments or Director] Commissioner of Strategic Planning. agencies of the city in respect to planning matters, and upon The [executive director] Commissioner of strategic planning written request provide information and particulars as to such shall hold a post-baccalaureate degree in business matters and provide them with such reports, studies, plans, management, public administration, public finance, or planning surveys, or other data as may be necessary for the discharge from an accredited college or university, or at least ten years of of their duties. experience in those fields and shall have at least five years of (c) Review all city-sponsored capital program projects. § 18-23[ Powers and Duties of the Citizens Planning Council. (d) Assist the planning board in the preparation of a The citizens planning council shall: comprehensive or master plan for the city, such special area or (a) Recommend to the [executive director] Commissioner of other plans as it may be called upon to prepare. strategic planning a four-year capital program, and review and (e) Prepare such community development block grant assess the capital program as finally adopted. consolidated plans as may be required by the United States (b) Review and assess the city's progress on the four year department of housing and urban development. strategic plan and make public an annual report which shall: (f) Collect and maintain a comprehensive database for (i) evaluate the city's progress on the previous four year planning, program management and evaluation. strategic plan; (g) Provide for the regulation and improvement of private and (ii) identify and comment upon modification of the four public development based on city and state legislation. year strategic plan from the (h) Exercise such other powers and perform such other current year to the ensuing year; duties as may be conferred upon the director of planning by the (iii) describe how the capital budget, as adopted, varies provisions of this charter, or by state or local laws or from the four year capital ordinances. program; § 6-11. Powers and Duties of the Director of the Environmental (iv) assess the fiscal, economic and social and environmental Affairs. impacts of the annual capital budget, as finally adopted, and its The director of the environmental affairs shall: effect on the four year capital program and the four year (a) Supervise and manage the division of environmental strategic plan; affairs. (v) review the mayor's annual management plan and report, and (b) Review all city environmental remediation and enhancement assess the performance of each department against the programs, and assist the mayor or other city departments or objectives stated in the previous years' report; and agencies and recommend to the council, mayor or other (vi) review this charter periodically and report the extent of city officers or departments of the city such measures as may be government's compliance with the charter. necessary to effect environmental remediation or enhancement. Section 3. This local law shall take effect January 1, 2006. (c) Provide technical assistance and support, including APPROVED AS TO FORM reports, studies, plans, surveys, or other data for, and Corporation Counsel otherwise assist, the common council, mayor, executive Matter in brackets [ ] to be deleted; matter underlined is new. director of strategic planning, the city departments and REFERRED TO THE COMMITTEE ON LEGISLATION AND agencies, and the environmental management commission, in THE DIRECTOR OF STRATEGIC PLANNING matters relating to environmental concerns of the city, including any remediation or enhancement programs to be undertaken by NO. 117 the city. BY: MR, COPPOLA (d) Supervise the preparation by the appropriate city A LOCAL LAW departments or of environmental assessment forms, and CITY OF BUFFALO environmental impact statements, and coordinate with other city LOCAL LAW NO. -- (2004) and state or federal departments or agencies regarding the INTRODUCTORY NO. 18 (2004) designation of lead agencies in state environmental quality amending the Charter of the City of Buffalo in relation Article 28 review procedures. Taxes and Assessment, Real Property Tax Exemptions. (e) Advise city departments or agencies in connection with BE IT ENACTED BY THE COMMON COUNCIL OF THE environmental impacts of various city activities such as solid CITY OF BUFFALO AS FOLLOWS: waste disposal, wastewater treatment, land acquisition, or Section 1, That Article 28 of the Charter of the City of demolitions. Buffalo, adopted pursuant to law, is hereby amended as (f) Monitor city compliance with federal, state and local follows: laws and regulations. § 28-29, 3 Real Property Tax Exemption for Capital (g) In cooperation with the division of intergovemmental Improvements to Residential Property. relations, maintain liaison with federal, state, local and regional Section 421-fofthe New York State Real Property- Tax Law agencies, and with agencies of the government or provinces of authorizes the City of Bnffal0 to and partial exemptions from Canada concerned with environmental management, including real property, taxation of the increase 0fthe assessed value of among others water resources boards, environmental City of Buffalo properties attributable to reconstruction. management councils and environmental quality control alterations or improvements made to residential property. agencies. B, Eligibility for capital improvement exemption. (h) Serve as chief administrator &the environmental The property for which exemption is sought must be a one or management commission. (i) Exercise such other powers two family and perform such other duties as may be conferred on the The greater portion of the residence after the capital director of environmental affairs by provisions of this charter or improvement must be at least five years old. This shall be by state or local laws or ordinances. measured in square footage. Division of Development The capital improvement must be commenced after the date § 6-12. Director of Development; Qualifications. this local law The head of the division of development shall be the director of This exemption applies to reconstruction, alterations or development. The director shall hold a baccalaureate degree improvements at a residential property- in the City- of Buffalo. It from an accredited college or university in economics, urban does not apply to ordinary- maintenance or repairs. The development, planning, public administration, or related property, owner must submit a statement indicating the capital professional fields, and two years' experience in planning improvement for which the owner is applying for capital and/or programming or related fields, qualifications reasonably improvement exemption. equivalent which are acceptable to the [executive director] The value of such reconstruction, alteration, or improvement Commissioner of strategic planning. Said director shall be must exceed the sum of $5,000. The property owner must appointed and may be removed by the [executive director] attach proper documentation to include, but not be limited to. a Commissioner of strategic planning. construction contract, a building permit. or any receipts and bills to support the cost of the capital improvement. committee designed to recognize these interests. The exemption is limited to$80,000 in increased market value. B. Composition of the SEAC. The SEAC shall be The comprised of the following officials or ~\~g~ market value of the new construction is calculated BV dividing their designated representatives: the increase in assessed value attributable to the new The Special Events Coordinator, serving as Chair of the construction by the latest State Committee. Equalization rate or special equalization rate, unless such rate The [Executive Director] Commissioner of the Office of is 95% or more, in which case the increased assessed value Strategic Planning. will be deemed to be (3) The Commissioner of Police. equal to the market value. (4) The Commissioner of Public Works, Parks and C. Exemption Percentages Streets. 1. The exemption percentages are as follows: (5) The Deputy Commissioner of Streets. a) Year One 100% (6) The Commissioner of Fire. b) Year Two 87.5% (7) The Commissioner of Permit and Inspection c) Year Three 75% Services. d) Year Four 62.5% [(8) The Deputy Commissioner for Parks and e) Year Five 50% Recreation.] f) Year Six 37.5% g) Year Seven 25% (-8) The Director of Budget and Management. h) Year Eight 12.5% (9) The Director of Parking Enforcement. i) Year Nine 0% [(11) The Director of Recreation.] 2. All property owners applving for a real property tax exemption (10) The Corporation Counsel. under this section must complete Form RP-421-f, and submit (11) The Common Council's Chief of Staff. said form to the City of Buffalo Department of Assessment & C. Special Events Coordinator. Taxation. (1) Position and appointment. The Special Events Coordinator Section 2. Insofar as the provisions of this local law are appointed by the Mayor shall act as the coordinator for the inconsistent with the provisions of any other local law or act, the SEAC. The Special Events Coordinator shall operate out of the provisions of this local law shall be controlling. Mayor's Office. Section 3. This local law shall take effect immediately. (2) Duties. Coordination responsibilities include, but are APPROVED AS TO FORM not limited to, the following: Corporation Counsel (a) Distributing special event applications, policies and NOTE: Matter underlined is new, procedures, evaluation forms and related information to matter in brackets is to be deleted. sponsors and City departments. REFERRED TO THE COMMITTEE ON LEGISLATION Receiving and compiling completed applications from AND THE COMMISSIONER OF ASSESSMENT sponsors. (c) Distributing completed applications and costing forms to NO. 119 City support departments. BY: MR. COPPOLA: Receiving applications and cost forms from City departments. RE: ORDINANCE AMENDMENT CHAPTER 414- 3 Convening and chairing the SEAC meetings. (SPECIAL EVENTS) Notifying event sponsors of the approval/disapproval of the The Common Council of the City of Buffalo does hereby ordain request and of as follows: conditions of approval, if any. That Section 414-10(C) and (D) of Chapter 414 of the Code of (g) Preparing and updating an annual special events the City of Buffalo be amended, to read as follows: calendar. § 414-3. Special Events Advisory Committee (h) Distributing the annual special events calendar to A. Purpose and need. affected City departments. (1) The purpose of the Special Events Advisory Committee (3) Vacancy. In the event of the temporary absence, vacation (SEAC) is to provide a mechanism which will allow the City to or disability of the Special Events Coordinator, the Mayor shall plan for and coordinate special events; which will allow for the appoint an interim Special Events Coordinator until the establishment of terms and conditions under which the event absence, vacation or disability ceases. may be conducted; and will allow a sponsor to plan and D. Responsibilities of the SEAC. The SEAC is charged with manage a special event within the context of the established the responsibility of reviewing, evaluating, approving or terms and conditions. disapproving all special event applications as well as identifying (2) The need for such a mechanism has been demonstrated City-sponsored special events. The decision making process over a period of years, wherein City departments and sponsors may include, but not be limited to, the following: alike have been uncertain of their responsibilities. There is (1) Application of the general policy, criteria and evaluation need for the City to be able to project and coordinate personnel factors which are a part of these policies and procedures. and financial resources and the public spaces under its control. (2) Consideration of the City's ability to provide support There is need for the City to be reimbursed for all or part of the in terms of personnel resources. services provided when it is deemed appropriate and/or (3) Consideration of the City's ability to support the possible. There is need for sponsors to receive a timely and event financially. understandable response to their requests or proposals and to (4) Consideration of the sponsor's ability to provide have a clear understanding of their obligations. financial assistance. (3) There is an overriding need to ensure that the mechanism E. Authority of the SEAC. The SEAC may: will allow for, and in fact encourage, the reasonable proliferation (1) Approve or disapprove of an application as submitted. If of the activities and events, which contribute to the economic the SEAC disapproves, the SEAC must state, in writing, the viability of the City and the quality of life of its citizens. reason(s) for the, disapproval. (4) These needs can best be met by a thorough evaluation of (2) Establish the terms and conditions for the special event. each special event proposal on an individual basis by a Terms and conditions may include, but are not limited to, areas such as location, timing, scope and/or financial arrangements. depicting the Property redevelopment and the (3) Negotiate with a sponsor for the purpose of establishing contemplated financing. terms and conditions, including but not limited to those 3. An updated sources and uses of funds schedule for the identified in § 414-10D, and state in writing the final terms and Property redevelopment. conditions the City will agree to. 4. Listing of amendments needed to be made to the LDA in F. Meetings and timing of meetings. Meetings shall be order to accommodate and close the transactions needed to convened by the Special Events Coordinator periodically for implement the contemplated financing package for the Property informational purposes and/or for the purposes of evaluating Redevelopment. and approving applications. WHEREAS, the necessary LDA amendments and all of the G. Voting. foregoing do not result in increased liability, increased (1) Five (5) members of the SEAC shall constitute a expenditures or less property tax revenue for the City and or quorum. BURA. (2) Decisions shall be made by majority vote of those NOW, THEREFORE, BE IT RESOLVED: members present. 1. That the document review requirement under Item No. 112, It is hereby certified, pursuant to Section 3-19 of the Charter, C.C.P. 04/29/03 has been satisfied. that the immediate passage of the foregoing ordinance is 2. That the amendments to the LDA as requested are hereby necessary. approved. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON COMMUNITY Corporation Counsel DEVELOPMENT Matter in brackets [ ] to be deleted; matter underlined is new. AYES –BONIFACIO, COPPOLA, DAVIS, FRANCZYK, REFERRED TO THE COMMITTEE ON LEGISLATION AND RUSSELL, THOMPSON – 6 NOES – FONTANA, GRIFFIN -2 THE DIRECTOR OF STRATEGIC PLANNING NO. 121 NO. 119 BY: MR. FONTANA BY: MR. DAVIS CITY OF BUFFALO TRANSFER OF FUNDS LOCAL LAW NO 2004 RESERVE FOR PLANNING CAPITAL PROJECTS LOCAL LAW INTRODUCTORY NO. 16 (2004) CAPITAL PROJECTS A LOCAL LAW AMENDING THE CHARTER OF THE That pursuant to §20-12 of the Charter and the Certificate of CITY OF BUFFALO IN RELATION TO THE the Mayor and the Comptroller submitted to the Common ESTABLISHMENT OF THE OFFICE OF HOMELAND Council, the sum of $84,188.46 be and the same is hereby SECURITY/EMERGENCY transferred from Planning for Capital Projects account and said MANAGEMENT. sum is hereby reappropriated as set forth below: BE IT ENACTED BY THE COMMON COUNCIL OF THE From: 30000106 - 445100 Planning for Capital Projects CITY OF BUFFALO AS FOLLOWS: $88,188.46 Section 1. That Article 6 of the Charter of the City of Buffalo, To adopted pursuant to law, is hereby 30062106-445100 Main/Mercer Firehouse $2788.46 amended as follows: 30062206-445100 Delavan/Fillmore Fierhouse§6-54. Office of Homeland Security/Emergency Management. $2O700.00 This local law shall establish under the Executive Department 30062306-445100 Elmwood/Hertel Firehousethe Office of Homeland $5O700.00 Security/Emergency Management for the City of Buffalo. TOTAL §6-55 Homeland Security Commissioner $88,188.46 This section establishes the position of Homeland Security PASSED Commissioner. The Homeland Security Commissioner shall be AYES - 8 NOES - 0 appointed by the Mayor and confirmed by the Common Council. The minimum qualifications for this position are as NO. 120 follows: BY COUNCILMEMBER DAVIS a) Master's Degree in Public Administration, Business [DELAWARE ASBURY CHURCH REDEVELOPMENT Administration, Government Management, Industrial [PROJECT - 339-341 AND 335 DELAWARE AVENUE Engineering, or a closely related field, and four years of full- [PILOT/DOCUMENT REVIEW AND LDA AMENDMENTS time responsible experience in public administration, including WHEREAS, the Common Council by previous resolution under research and finance, two years of which must have been item No. 112, C.C.P 04/29/03 approved the sale of 339-341 emergency management experience; and 335 Delaware Avenue (the "Property") to Righteous Babe Bachelor's Degree in Public Administration, Business Records, Inc (or other legal entity to be formed), Administration, Government Management, Industrial WHEREAS, item No. 112, C.C.P, 04/29/03 required that Engineering, or a closely related field, and six years of full-time PILOT/document review by this Common Council take place, experience in public administration, including research and WHEREAS, this Common Council has been informed that the finance, four years of which must have been emergency Contract For Sale of Land For Private Development (the "LDA") management experience; previously approved by this Common Council needs to be Graduation from High School, GED, or Equivalency Diploma, amended in order to conform with the contemplated project and eight years of full-time responsible experience in public financing package and also to conform with the involvement of administration, including research and finance, six years of Buffalo Economic Renaissance Corporation in the financing of which must have been emergency management experience; the Property redevelopment, An equivalent combination within the limits of A, B, and C; and WHEREAS, attached hereto are: Possession of a current NYS Driver's License that must be 1. The PILOT documentation approved or expected to be presented at the time of approved by the County of Erie and the Erie County Industrial APPROVED AS TO FORM Development Agency. Corporation Counsel'- 2. Updated narrative summary and flow chart explaining and Section 3. This local law shall take effect immediately. NOTE: Matter in brackets [ ] to be deleted; matter underlined is That certified copies of this resolution be hand delivered to new. Mayor Anthony Masiello for a timely response. REFERRED TO THE COMMITTEE ON LEGISLATION Be It Further Resolved: That the Law Department provide an opinion on the Legality of NO. 122 foreclosure based upon past due Solid Waste User Fee and RESOL UTION Water Service accounts. By: Mr. Fontana ADOPTED Co Sponsors: Mr. Griffin, Mr. Davis RE: Foreclosure of 8,000 User Fee Accounts and 4000 no. 123 Water Service Accounts By: Mr. Golombek & Coppola Whereas: In late fall of 2004, the administration changed the Re: Ordinance Amendment policy as it pertains to the collection of delinquent Solid Waste Chapter 175, Fees (Demolition and Asbestos) User Fee and Water Service Accounts; and The Common Council of the City of Buffalo does hereby ordain Whereas: In accordance with the changed policy, if the 2002-as follows: 2003 and prior years User Fee and Water Service Accounts That the Code of the City of Buffalo be amended to read as remain unpaid by December 31, 2004, the City will file a list of follows: Chapter 175, Fees delinquent accounts in the Office of the Erie County Clerk to § 103-13, demolition and asbestos permits commence foreclosure proceedings; and Asbestos permit fees are based on cost; find the fee in the Whereas: Effective January 7, 2005, all delinquent accounts chart below: will be assessed a $439.00 foreclosure fee. Once a property is Type of Application, Permit or License Fee Flat Fee Schedule filed with the Erie County Clerk, the foreclosure fee as well as Demolition permit fees are divided into two categories: flat fee all past due User Fee and Water Service Accounts must be or area-calculated fee; find the work description in either the paid to avoid loss of property at the foreclosure auction to be Flat Fee Schedule or the Area-Calculated Fee Schedule, th th, below. held on Monday, October 24and Tuesday, October 25 Application fee of $25.00 2005; and plus Whereas: There are over 8000 past due User Fee accounts Permit fee from the following list: and approximately 4000 delinquent Water Service accounts 1. For asbestos removal from a 1-, 2- or 3-story 1-family affected by the City's new foreclosure policy; and dwelling by owner/occupant $200.00 Whereas: The City of Buffalo, like any other government, could 2. For asbestos removal from a 1-, 2- or 3-story 2-, 3- or 4- not function and provide needed services to residents without family dwelling by licensed asbestos contractor the ability to collect taxes, fees, and other forms of revenue 3. Other buildings and structures: needed to pay for those services; and a) For asbestos removal from all buildings and structures Whereas: This Common Council does not in any way, condone (except 1-, 2-, 3- or 4-family dwellings) by square citizens who habitually do not pay their share of City taxes and foot of asbestos removed: fees. It is well understood that those who fail to pay place an 160 SF -10,000 SF $66.00 additional burden on all those who do pay what they owe for the 10,001SF -20,000 SF $86.50 services that they receive. 20,001SF -40,000 SF $173.00 Whereas: This Council does, however, recognize that often 40,001SF -80,000 SF $346.00 circumstances arise that may cause people to fall behind in 80,001SF -160,000 SF $692.00 their bills; and 160,001SF - 320,000 SF $1,384.00 Whereas: This Council does not feel that adequate time and b) For asbestos removal from all buildings and structures notification has been provided afforded to the residents of (except 1-, 2-, 3- or 4-family dwellings) by linear foot of Buffalo, and therefore, calls on the asbestos removed: Masiello Administration to extend the deadline for the payment 260 LF - 10,000 LF $66.00 of past due Solid Waste User Fee and Water Service 10,001 LF - 20,000 LF $115.50 Accounts: and 20,001 LF - 40,000 LF $231.00 Whereas: It has become quite obvious that households that 40,001 LF - 80,000 LF $462.00 owe hundreds of dollars in fees cannot afford an additional 80,001 LF - 160,000 LF $934.00 $439.00 foreclosure fee; and 4. For demolition of up to a 1.5 story 1-, 2- or 3-family Whereas: Residents were informed via letter on December 1, dwelling without basement or cellar by owner 2004 that all fees owed to the City must be paid by December 5. For demolition of up to a 3 story 1-, 2- or 3-family dwelling 31, 2004 in order to avoid the punitive foreclosure fee; and by licensed demolition contractor Now, Therefore Be It Resolved: 6. For demolition of structures accessory to all other uses, of That this Common Council implores the Mayor to significantly not more than 1 story and not more than 1,500 square extend the deadline associated with the foreclosure process on feet past due Solid Waste User Fee and Water Service accounts, Type of Application, Permit or License Fee and to hold a separate auction to accommodate the later 7. For city emergency demolition of a 1- or 2-family dwelling foreclosure date. $300.00 Be It Further Resolved: 8. For demolition of any commercial or industrial building or That additional attempts be made to collect and make current structure up to 3 stories in height and not more than 5,000 past due Solid Waste User Fee and Water Service accounts, square feet in total area $500.00 and that such policies be filed with this Council before they are 9. Administrative fee for demolitions performed by or on 15% implemented. Additional policies should include notification of a of the behalf of the City to benefit a property owner demolition new deadline date that is set far enough in advance to allow cost ($25.00 application fee not required) those with past due accounts the opportunity to set up payment Note: All other demolitions which are not subject to no-fee plans with the City or to obtain the necessary funds to pay their provisions have area-calculated permit fees derived from Fee past due balances in full. Schedule A, below. Be It Further Resolved: Area-calculated demolition permit fees consist of four charges: a charge associated with application (which is nonrefundable), The Common Council of the City of Buffalo does hereby ordain a charge associated plan review (which is nonrefundable), a as follows: charge associated with inspections, and a charge associated That Chapter 96 of the Code of the City of Buffalo be amended with closeout. The first two charges are collected at application, to read as follows: and together make up the application fee. The second two § 96-13. Advertisement for bids. charges are collected at permit issuance, and together make A. The advertisement inviting bids for the doing of a work or up the permit fee. improvement or for the furnishing of materials, supplies or Area-calculated fees are derived as follows: equipment shall, among other things, state that the bidder must A. For demolition work on both buildings & structures and submit with his bid a bid bond, certified check, bank draft or sites: letter of credit complying with the provisions of Article I hereof, Step 1: Identify the square foot area of each floor, story, or as provided in the specifications, and shall also state that, in mezzanine of the building or structure, including basements case of the bidder's failure to enter into the contract for the and cellars, and the square foot area of any site demolition doing of the work or improvement or the furnishing of materials, work. supplies or equipment and to furnish a performance bond or, Step 2: Total all the square foot areas to get the total square-where authorized, a certified check, bank draft or letter of foot area for the buildings, structures and site. credit, complying with the provisions of Article I hereof, 100% Step 3: Apply the amounts or multipliers shown in the following of the penal sum of the bid bond or the amount of the certified Area-Calculated Fee Table, Schedule A, Buildings & check, bank draft or letter of credit, as the case may be, shall Structures and Sites section, in each of the three listed be and become the minimum amount of the liquidated categories (Application, Plan review, Inspection & certificate) to damages suffered by the city as a result of such failure, the total square foot area to arrive at the total demolition permit collectible out of the bid bond, certified check, bank draft or cost for the project. letter of credit. Area-Calculated Fee Table - Schedule A ] B. In all cases where the estimated cost of the work under a For Buildings & Structures and Sites: particular contract exceeds $250,000, the advertisement shall Permits Demolitions clearly state that only a bid bond will be accepted. Application Fee (nonrefundable) $50.00 C. Contractors responding to the advertisement for bids and Plus wishing to obtain a set of plans and specifications shall submit Plan review (non-refundable) $0.00 the fees as outlined in Chapter 175, Fees. A set of plans and Plus specifications shall be available for inspection free of charge in Type of Application, Permit or License Fee the office of the Commissioner letting the bids. Permit and inspection $200.00 plus $0.11 x SF D. The advertisement inviting bids for the doing of a work or 10. Any demolition that takes place without a proper permit improvement or for the furnishing of materials, supplies or shall be assessed a penalty in the amount of $1,500.00. equipment shall, among other things, state that the bidder must It is hereby certified, pursuant to Section 3-19 of the Charter of submit with his bid, a statement indicating that all products the City of Buffalo, that the immediate passage of the foregoing purchased will bear the Energy Star label as awarded by the ordinance is necessary. U.S. Environmental Protection Agency and the U.S. APPROVED AS TO Department of Energy. In addition, all departments and City of Note: Matter in brackets is to be deleted, matter underlined is Buffalo agencies must include in all bid specifications that all new, products purchased by the bidder must bear the Energy Star REFERRRED TO THE COMMITTEE ON LEGISLATION label. E. If the bidder finds it necessary to purchase a product that NO. 124 does not bear the Energy Star label, the bidder or the RESOLUTION respective department or agency must include a written By Ms. Russell: statement indicating the reason Energy Star products cannot Re: Discharge Civil Service Committee be used, and a comparison of the initial and operating cost "Budget and Personnel Amendment" differential during the useful life of the Energy Star rated 55- Office of Community Services product and the non-rated product. 1307 - Division of Substance Abuse F. The advertisement inviting bids for the doing of a work or (Item #158, C.C.P. December 14, 2004 - agenda) improvement or for the furnishings of materials, supplies, or Whereas: The above item is currently in the Civil Service equipment shall among other things state that the bidder must Committee; and submit with his bid a statement indicating that the bidder will Whereas: It is no longer necessary for this item to be work toward a minority workforce goal of 25%, and women considered by that committee; workforce goal of 5%. In addition, a statement must be Now, Therefore Be it Resolved: submitted indicating that the bidder will work toward a business That this Common Council does hereby discharge the Civil utilization goal for minority business enterprise of 25% and Service Committee from further consideration of Item #158, women business enterprise of 5%. These goals shall be December 14, 2004 agenda and said item is now before the utilized for all purchasing, professional services and Common Council for its consideration. construction contracts. In addition, all departments and City of Mr, Coppola moved: Buffalo agencies must include in all bid specifications the That the Budget and Personnel Amendment as contained in minority workforce and business utilization goals as stated in Item No. 158, C.C.P., December 14, 2004, be and the same this section. hereby is approved. It is hereby certified, pursuant to Section 3-19 of the Charter of PASSED the City of Buffalo, that the immediate passage of the foregoing AYES - 8 - NOES - 0 ordinance is necessary. APPROVED AS TO FORM NO. 125 NOTE: Matter underlined is new. By: Mr. Thompson PASSED Re: Ordinance Amendment Chapter 96, Bonds and AYES - 8 - NOES - 0 Contracts NO. 126 SHARON FAY VALERIE DEMPS BY: ANTOINE M. THOMPSON GAlL ALLEN KERRY JONES Appointments TIMOTHY MULERN RICHARD DOYLE Commissioners of Deeds KEVIN KEANE JENYNE LANGHORNE Required for the Proper JANET SIKORSKI LAURIE BOWERS Performance of Public Duties CARL TERRANOVA PAMELA HARRIS That the following persons are hereby appointed as NRAN HARTMANN ROSEMARY FRICANO Commissioner of Deeds for The term ending December 31, MARY HANLEY RANDALL AMMERMAN 2006, conditional upon the persons so appointed certifying GREGG BLOSAT BARBRA MANTIONE under oath to their qualifications and filing same with the City of DENNIS RICHARDS PAMELA PANTANO Buffalo DAVID LILLIS DEBORAH SIRACUSE SHARON WINFIELD ROGER PARSONS LINDA GANCI BEBEE WATFS ANTHONY BARONE TERESA PLEASANT MONICA LALLEY PATRICIA REI LLEY MARY BETH WILES BRENDA SCIORTINO CAROLE PYSCZYNSKI MARIAN BLADY WENDY ESCHBRN KATHLEEN BEENY GENEVIENVE LYON CHRISTINE GIARDINA JOSEPH BAUDO JR GEORGE ARTHUR JR SUZANNE CAIRNS KELLY GIBBONS-GLINSKI DENNIS DIXON SUSAN HUGHES DANA HEARON ANNE PAULISCZAK SANDRA KARN BRIAN MARTINEZ RITA STRUZlK JOHN LINEHAN RONALD MORGANTI DONALD MOSES GAlL CHAPMAN KIMBERLY ROBINSON MARY DONOHUE MARGARET LATONA STACY HANSON LORNA MCCARTHY OLIVIA LICATA GLADYS HERNDON-HILL SANDRA SMITH LYNN MILKS CAROLYN LENCZYK EDWARD MAHONEY MALINDA CHISOLM IVY JAMES RICHARD ORTIZ J JEANNE MYLER-PIRK DEBRA REILLY DONNA RICH DONNA MILITELLO GILBERTO MUNOZ SHEILA WILES LYNDA KRAJEWSKI DAVID RIVERA JEFFERY RINALDO KATHLEEN HANLEY MICHAEL AHERN DIANE ROMER KEVlN BARBERG MICHAEL ARCARA GENEVIEVE RAK THOMAS MASTERSON BARRY GAWLICK PATRICK MANN KIMBERLY BEATY ALLAN KASPERZAK ANTHONY FARACO CAROL GRAY JACOB ULEWSKI THOMAS DIMINO ANTHONY DOUGLAS JAMES STABLER SHIELA JASKULA LOVINA MARCELINO HERNANDEZ PAOLA GALANTE THIRST DEBORAH MIKOLAJEWSKI JOSEPH BIEHUNIK PAULA CARDUCCI KENNETH BIENKO LORI GUADAGNO GARY CHWOJDAK MICHAEL FLOWERS ROSE BATTLE NANCY CONNOLLY NICOLE JONES SHERRY KISZEWS KI ROBERT WHALEN MARIE RICHARDSON BRIAN MAHONEY MARILYN WISNEWSKI MARY GASPAR DENNIS MC LAUGHLIN DEBORAH ZDON DEBBIE RENZONI DIANE FUSCO KATHERINE PLESAC DARENE LAPINSKI JOSEPH JORDAN JR MILDRED STABLER ROSE BORCZYNSKI MARILYN WETTER CHARLES RILEY GREGORY BYRNE KAREN MURANYI JUDITH CAVERETTA PAMELA DI PALMA NOREEN CAROTHERS PAUL FLANAGAN J CATHERINE BAUDO JULIE OLSZEWSKI OSEPH PANUS JOHN FARLEY JAMES O'NEIL EDWIN ORTA LAURA SCHNEIDER JEANETTE WILLIAMS EDWIN ORTIZ JILL PARISI JOSPH WILHELM MARK MICHALEK GARNELL SMITH GARNELL WHITFIELD JR ALBERT LIBERATORE SALLIE BLERSCH PAMELA ZAWISTOWSKI JOANNE GUGINO MARIO PRATTS SUSAN OSOSKI MARY LOU MAGGIO KATHLEEN ELLIS MICHAEL MC CARTHY BRENDA CALLAHAN-MOLL LORETTA MATHEWSON WILLIE MCLAUGHLIN PATRICK ROBERTS JOSEPH MAKOWSKI SALVATORE LOSI JOHN KING NOREEN WALSH MICHAEL MARCH TIMOTHY MC DONALD EDWARD COTTER JAMES WATKINS MICHELE PIERI PATRICK O'ROURKE STEVEN TURNER JANET MURPHY CEDRIC HOLLOWAY HARVEY FRANKEL SCOTT HIRSCH MAGARET SACK PATRICIA CIEPIELA DENNIS KESSLER THERESA O'KEEFE JEANNETTE WALLACE KAREN MCCARTHY YVONNE SERAFINI PATRICIA GROVES VVENDY STEPHENS LYNN MERRILL CHARLENE SCHERER MICELE HAUSSAR SUSAN KAISER MARIA RICCARDI YOLANDA QUINTANA MARY ELLEN SAWICKI PATRICIA GRASHA PETER CZOMBEL JR DANIEL FIGUEROA SUSAN COOLEY GLENDA LAKE MARY VERA BERENT MARILYN BETZ KATHLEEN SMITH LUANN LENOCI MARTIN BAYERL HELEN PANIKOWSKI JOAN LILLIS DEBORAH BURGSTAHLER THOMAS O'BRIEN TIMOTHY RING DAVID FREY JOSEPH MACIEJEWSKI THOMAS DONOVAN RICHARD WOODS MARIA PRYNDOTA MARGARET STARZYNSKI THOMAS LEATHERBARROW JOYCE DIGIULIO ADOPTED VANESSA ROWE MARLENE GRIGGS LYNETTE CHESTNUT PAUL OELANO No. 127 LINDA CRAIG JOSEPH MARTIN BY: ANTOINE M. THOMPSON LANCE RUSSO JOSEPH LYNCH Appointments Commissioner of Deeds STEVEN NICHOLS JOHN RIEMAN That the following persons are hereby appointed as DONNA BERRY EiLEEN KOWAL Commissioner of Deeds for the term ending December 31, HEDWIG GROSS MARK ANTONIO 2006, conditional, upon the person so appointed certifying BYRON LOCKWOOD MARVIN SANFORD under oath to their qualifications and filing same with the City LAURALANN DENNY ROBIN BRIDGES Clerk: RICHARD BARTOSZEWICZ MARY EVANS HOPE HOETZER COOK SANFORD PERLMUTER ERIKA ROSEN EILEE ULRICH KATHLEEN VITGLIANO SUSAN MOODY ANNE DE GEORGE DANIEL CALDERON KAREN ARIS ROGERS HICKS GWENDOLYN CLARKE ADOPTED No. 128 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in th the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tues, January 4, 2005 at 9:30 o'clock A.M. Com on Finance Tues, Jan 4, 05 at 10:00 A.M. following Civil Service Committee on Legislation Tuesday, January 4, 2005 at 2:00 o'clock P.M. Committee on Comm. Dev. Wed, January 5, 2005 at 10:30 o'clock A.M. Special Committees Minority Business Enterprise Committee meeting, Monday, January 10, 2005 at 10:00 AM in room 1417 (Public Disclaimer): All meetings are subiect 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, urdess we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 129 Adjournment On a motion by Mr. Coppola, Seconded by Mr Fontana, the Council adjourned at 3:45pm GERALD CHWALINSKI CITY CLERK