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HomeMy WebLinkAbout04-1103 No. 20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 3, 2004 MAYOR Hon. Anthony M. Masiello ACTING COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH JAMES D. GRIFFIN - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CLAIMS COMMITTEE: James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis, James D. Griffin EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell - Members CORPORATION PROCEEDINGS I hereby certify that the above named individual is fully COMMON COUNCIL qualified to serve as a member of the Buffalo Municipal CITY HALL - BUFFALO Housing Authority. TUESDAY, NOVEMBER 3, 2004 REFERRED TO THE COMMITTEE ON LEGISLATION, THE AT 2:00 P.M. DIVISION OF COLLECTIONS AND THE CORPORATION COUNSEL PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Coppola, NO. 3 Fontana, Golombek, Griffin, Russell and Thompson – 8. Re-Appointment of Members to the Buffalo Sewer Authority ABSENT – Davis - 1 Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby re-appoint the following, On a motion by Mr. Coppola seconded by subject to confirmation by Your Honorable Body, as Mr.Fontana, the minutes of the stated meeting held on members of the Buffalo Sewer Authority for a term October 19, 2004 were approved. commencing immediately and will expire on June 30, 2007: Re-Appointment: FROM THE MAYOR Eleanor C. Wilson DiVinccnzo 1834 William Street Buffalo, 14206 NO. 1 Herbert L. Bellamy, Jr., JHB Professional Bldg. 395 E. Ferry APPOINT MICHAEL L. D’ORAZ Buffalo, 14208 COMMISSIONER OF FIRE Chairperson Pursuant to Article 14, section 14-2 of the Charter of the I hereby certify that the above named individuals are fully City of Buffalo, I hereby appoint Michael L. D'Orazio, 14 qualified to serve as members of the Buffalo Sewer Chatham Avenue, Buffalo, NY 14216 to the position of Authority. Commissioner of Fire. REFERRED TO THE COMMITTEE ON LEGISLATION, Mr. D'Orazio has been a professional firefighter in the City of AND THE DIVISION OF COLLECTIONS, CORPORATION Buffalo for twenty years and has risen through the ranks to COUNSEL his current position of Deputy Commissioner of Fire, which NO. 4 he has held since 2002. Michael D'Orazio is an outstanding T. Swartz-Complaint Artists Response Movement th individual who possesses impeccable credentials for the 25Floor, City Hall position of Commissioner of Fire. Item No. 56, C.C.P. 10/05/04 For the past 10 months, Michael D'Orazio has been the The referenced item was sent to this office for comment. Acting Commissioner of Fire overseeing daily operations of The Commissioner of Public the department and supervision of over 800 personnel; Works, Parks and Streets has overseeing training and on-going staff development; advised me that Ms. Karen Devlin and Mr. Christopher representing the department for public affairs; and financial m Brown were given permission to utilize the 25floor of City management of a $52 million operating budget. Mr. D'Orazio Hall at the request of the Council President. Ms. Devlin and earned a Bachelor of Science degree in Communications Mr. Brown refer to their venture as Artists Response from Medaille College. Movement. They do not have any lease or contract. They I believe that Michael D'Orazio is extremely qualified for the occupy this space at the discretion of the Commissioner, on position of Commissioner of Fire. With the additional a day-to-day basis. appointments of J. Gregory Love, Gamell W. Whitfield, and Ms. Devlin and Mr. Brown have been advised that they do David C. James as Deputy Commissioners of Field th not have authorization to sell any artwork from the 25floor. Operations, Support Services, and EMS, respectively, I As to Ms. Swartz's assertion that various sales are being believe that we have a wealth of talent and experience to made from Room 1315, I will defer to the Council President, reorganize and manage our Fire Department as we move forward under the MMA plan. I am proud to appoint Michael as this is his office. Commissioner Giambra has also advised that he has visited D'Orazio to this position. m Mr. Coppola Moved the studio on the 25floor and has not found anything That the above communication from the Mayor dated offensive or out of line with the art that is on display. October 28, 2004, be received and filed; and RECEIVED AND FILED That the appointment of Michael L. D'Orazio, residing at 14 Chatham Avenue as Commissioner of Fire, be and it hereby NO. 5 is approved. CERTICATE OF APPOINMENT PASSED MAYOR Division of EXECUTIVE to the Position of SENIOR AYES – 8 - NOES - 0 ACCOUNT CLERK TYPIST Permanent, Promotion, Maximum, Starting Salary of: $30,114.00 No. 2 GRETCHEN M. KRIEGER 81 REBECCA PARK BUFFALO, Re-Appointment of Member to the Buffalo Municipal N Y 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Housing Authority FROM THE MAYOR - EXECUTIVE DEPARTMENT Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby re-appoint NO. 6 the following individual for a five year term commencing Oppose Demolition of E.M. Atwater House" immediately and ending October 19, 2009: Res # 176,CCP September 21, 2004 Robert A. Gianadda, D.D.S. 90 Lexington Avenue On September 30, 2004, nine (9) Preservation Board Buffalo,14222 members toured the building with the owner, Mr. Pano to fund a Juvenile Prosecutor for addressing violent juvenile Georgiadis and his architect, Phil Silvestri. Following that crime. tour, several of the members familiar with construction urged Department of Community Services ($62,000) Mr. Georgiadis to consider incorporating 1089 Elmwood into $25,000 - Drug Court his expansion scheme. Board members Dennis Masters and $20,000 Anti-Crime Seminar Program (Youth Richard Baer, a contractor and construction cost estimator, Intervention/Treatment Program) both felt that rehabbing 1089 Elmwood would be cost neutral $12,000 - Cede of Conduct Program (Violence when compared to the costs of demolition and new Prevention Program for Youth) construction. As an architect with 40 years of experience, I $5,000 - Police Athletic League (PAL) suggested a means of how traffic could exit the rear lot on Division of Citizen Services the north side of the property. The Board sincerely hoped ($60,000) that Mr. Georgiadis would consider the suggestions and $60,000 - Save our Streets Program (S.OS.) - Quality incorporate them into his building scheme. I know that he of Life Program and his architect discussed the Boards suggestions. City Match At a public hearing on October 21, 2004, the Buffalo $29,858 - Buffalo Police - Asset Forfeiture Equipment Preservation Board recommended that the structure located Fund at 1089 Elmwood Avenue not be demolished. REFERRED TO THE COMMITTEE ON COMMUNITY By virtue of its unique architecture and representative history DEVELOPMENT of Buffalo, the Atwater House at 1089 Elmwood Avenue AYES - 7 - NOES – 1 warrants preservation. Most importantly, demolition should AYES- COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, not be allowed to occur in order to preserve the urban fabric GRIFFIN, RUSSELL AND THOMPSON - 7 of the Elmwood neighborhood. The streetscape is pedestrian NOES – BONIFACIO - 1 friendly, offers the opportunity to stroll and discover the unexpected within the city. The elimination of the physical NO. 8 evidence of what we were as a community will forever Change Order No. 4 change the fabric and spirit of the neighborhood. Let Augspurger Ramp Addition Elmwood be Elmwood - unique and not mimic the suburbs. I hereby submit to your Honorable Body the following The structure located at 1089 Elmwood Avenue is not changes for the addition to the Augspurger parking ramp. located within an historic district nor is it a locally designated SUPERSTRUCTURE landmark; therefore, the Buffalo Preservation Board can only Louis P. Ciminelli Const. Co. Inc. - Contract No. 92010771 issue a non-binding recommendation. Change Order No. 4 If you have any questions, please contact Thomas W. Added Column for Cable Sys. $14,248.00 Marchese, Executive Secretary at 851-5029. Add'l steel reinforcement & concrete for beam per $ 3,753.00 REFERRED TO THE COMMITTEE ON COMMUNITY Continuous general site clean-up operation $ 9,699.00 DEVELOPMENT Addl Beam Bushing @3rd Lvl Existing $ 352.00 Third Fir. Topping Sawcutting $14,096.00 NO. 7 Grouting Elevator Sills $856.00 th Acceptance of Year IX Local Law Enforcement Block Repair 4 to 5 Ramp @4Tie-in $ 1,500.00 Grant - 2004-2006 CP#52 remove Brick $ 152.00 This is the ninth year that the City of Buffalo, Departments of RD CP #56, 3Flr Ramp Repair Existing $ 2,882.00 Police; Community Services and the Division of Citizen CP #57, Repair Landings $ 1,353.00 Services has received a Local Law Enforcement Block Grant West Entrance Relocation $ 573,00 (L.L.E.B.G.), from the U.S. Department of Justice (D.O.J.) ra LPC - 3fir. Membrane Termination $ (670.00) The award for the Year 9 entitlement is $268,722; with a Slab Lvl 9 E. End Stair #1 Opening $ 927.00 required local match amount of $29,858, thus totaling Total Change Order No. 4 $ 49,721.00 $298,580. The local match of $29,858 will be provided by the Original Contract Amount $4,605,000.00 Buffalo Police Department, using Asset Forfeiture Funds. Net Previous Changes $ 165.153.00 Attached for your information are graphs that show the Contract Sum Prior to this Change Order $4,770,153.00 dramatic reduction in grant funds awarded to the City over Change Order No. 4 $ 49,721.00 the past four years, as federal funding priorities have New Contract Amount $4,819,874.00 changed to fund homeland security initiatives. ELECTRICAL The process used in preparing the budget printed below was Ferguson Electric Construction Co. - Contract No. 92010782 to follow U.S. Department of Justice guidelines by holding an Advisory Board Meeting on July 7, 2004 in Police Change Order No. 4 Addl Recepticle for Booster Pump $ 197.60 Headquarters and a Public Hearing, advertised in the Buffalo Addl Fire Alarm Devices. Functions $ 518.00 News, on September 29, 2004, at the B District Police Station, 695 Main Street. The legal notice was published on Support Franklin/Huron T. Signal $ 399.53 Monitor/Investigate Street Wiring $ 5,102.99 September 17, 2004. Also, prior to the above Justice Elevator Pit GFIs & Clean-up $ 2,313.04 Department requirements, we requested a meeting to brief the members of the Common Council on the Year 9 Install addl. FA zone for switches $ 2,110.22 st program, end Council Majority Leader Mare Coppola held a Repair Ilevel lighting $ 562.40 meeting in Room 1417 City Hall on June 11, 2004. Rel Conduit & Power for Huron L Fixt. $ 1,410.08 The following is the Year 9 budget, submitted to the Justice ~ 9F1 weatherproof Exit signs $ 738.97 Department: Fix Signal Loops damaged by C-110 $ 2,903.28 Police Dept Fix K Fixtgnre Damaged by C-105 $ 954.63 ($146,722) Extend Phonelne for Trailer Reloc $ 133.02 $90,722 - General Police Equipment Total Change Order No. 4 $17,343.46 $18,000 - Regional Community Policing CenterAJ.B. Original Contract Amount $453,800.00 for community policing activities Net Previous Changes $132,186.98 $38,000 - Partial payment to Erie County D.A.'s Office Contract Sum Previous to this Change $585,820.33 Total Change Order No. 3,230,835,63 Change Order No. 4 $ 17,343.76 Total Change Order No. 131,609.55 New Contract Amount $603,330.74 New Contract Amount $10,123,463.53 GLAZING CONTRACT These changes could not be foreseen at the time the Nep Glass Co. Ltd - Contract No. 92010784 contracts were let. All costs have been reviewed by the Contract No. 4 architect and construction manager and found to be fair and Glazing Assembly removal for stair $ 2,677.00 equitable. Funds are available in bond account 51019036 Interior Storefront @ Tower 2 $ 2,953.00 445100. Ext Storefront Head Condition $ 5,497.00 REFERRED TO THE COMMITTEE ON FINANCE Fix K Fixture Damaged by C-105 $ (954.63) Str 1 Lvl 9 door w/out ransom lite $ (500.00) FROM THE OFFICE OF STRATEGIC PLANNING 75 Degree Angle Glass (RFI#0163.1) $ 958.00 All Misc. Trim @ Towers I & 2 $ 4,712.00 No. 9 Total Change Order No. 4 $ 15,342.37 Results of Negotiations Original Contract Amount $598,100.00 357 Jefferson, 100' S William Net Previous Changes ($98,099.00) Vacant Lot: 25' x 125' Contract Sum Prior to this Change Order 500,001.00 Assessed Valuation: $ 3,100 Change Order No. 4 $15,342.37 The Office of Strategic Planning, Division of Real Estate New Contract Amount $515,343.37 has received a request to purchase 357 Jefferson Avenue PLUMBING AND FIRE PROTECTION from Mr. Oneal Fields on behalf of First Calvary Missionary C & L Plumbing Inc. - Contract No. 92010785 Baptist Church, 467 William Street, Buffalo, New York Change Order No. 4 14206. First Calvary Missionary Baptist Church owns 343, Text Existing Fire Prot. Sys $ 1,850.00 345 and 351 Jefferson Avenue, which are adjoining to 357 Dig-[up/Clean/repair cleanouts & vents $ 2,60O.OO Jefferson Avenue. Together these properties will be used for Repair Existing Storm Riser at New $ 1,526.00 additional parking for the church. st The Division of Permit and Inspection Services and the Repair Ilvl Ighting (c-108) $ (562.40) Division of Collections have no objections to the sale. There Hydrant Credit $ (1,500.00) are no building code violations, taxes or other liens owed to st Fire Dept Tie-in Ifir, RFI 257 $3,696.10 the City of Buffalo by the purchaser. Total Change Order No. 4 $ 7,609.70 The Division of Real Estate has investigated the sale of Original Contract Amount $ 219,300.00 similar residential vacant lot properties in the subject area. Net Previous Changes $119,359.00 Sales prices range from fifty cents (.50) to one dollar and fifty Contract Sum Prior to this Change Order cents ($1.50) per square foot. $ 338,659.00 The results of our negotiations are that the purchaser has Change Order No. 4 $ 7,609.70 agreed and is prepared to pay three thousand one hundred New Contract Amount $ 346,268.7o dollars ($3,100), which is one dollar and twenty-five cents GENERAL TRADES ($1.25) a square foot for the parcel. They have also agreed Sicoli & Massaro - Contract No. 92010786 to pay for the cost of the appraisal, transfer tax, recording Change Order No. 4 fees and cost of the legal description. Steel Columns At Elevator Rooms $ 1,523.00 I am recommending that Your Honorable Body approve the Demo Pearl St. Existing Foundation $6,253.00 sale of Paint Column in Openings $ 1,080.00 357 Jefferson to Mr. Oneal Fields on behalf of First Calvary Fix Signal Loops Damaged by C-110$ (2,903.28) Missionary Baptist Church in the amount of three thousand Bull #3 requote doors $ 6,992.00 One hundred dollars ($3,100). I am further recommending Demo Triangular Spandrel Precast $ 7,033.00 that the Corporation Counsel prepare the necessary RFI 127 Old Pearl Ent $11,655.00 documents for the transfer of title and that the Mayor be CCD #17 Difference $ 834.00 authorized to execute the same. Deck/Stairs Repairs $ 1,056.00 REFERRED TO THE COMMITTEE ON COMMUNITY Retained Office Equipment $ 1,252.00 DEVELOPMENT Total Change Order #4 $ 34,774.72 Original Contact Amount $1,554,000.00 NO. 10 Net Previous Changes $ 151,153.00 Result of Negotiations Contract sum Prior to this Change Order 1424 Jefferson, N Cor Woodlawn $1,705,153.00 Lot Size: 63' x 100' Change Order No. 4 $ 34,774.72 Assessed Valuation: $6,300. New Contract Amount $1,739,927.72 1430 Jefferson, 63.37' N Woodlawn MECHANICAL Lot Size: 32' x 100' D.V. Brown & Associates - Contract No. 92010790 Assessed Valuation: $3,200. Level Two Firesafing $ 6,818.00 The Office of Strategic Planning, Division of Real Estate Total Change Order No. 4 $ 6,818.00 has received a request from Rev. Richard Stenhouse of Original Contract Amount $ 108,400.00 Bethel Community Development Corporation to acquire the Net Previous Changes $5,262.00 above captioned properties. The properties will be used Contract Sum Prior to this Change Order along with other properties owned by Bethel to construct a $ 113,662.00 13,500 square foot Head Start Building. Change Order No. 4 $6,818.00 The Division of Real Estate has investigated the sale of New Contract Amount $ 120,480.00 similar properties in the area. Sale prices range from Total Value of all Original Contract Amounts seventy-five cents (.75) to one dollar and fifty cents ($1.50) $ 9,254,351.00 per square foot. The City and Bethel Community Total Change Order No. 1186,880.00 Development Corporation have agreed on a purchase price Total Change Order No. 2319,787.35 of twenty one thousand dollars ($21,000) or approximately $1.00 per square foot. ($3,200), eighty-six cents (.86) per square foot, for the Environmental testing of the site indicates that a portion of subject property. Mr. and Mrs. Eck have also agreed to pay the property is contaminated with petroleum products and for the cost of the transfer tax, recording fees and cost of the requires remediation of the soil. Notwithstanding this legal description. environmental defect, the purchaser has agreed to purchase I am recommending that Your Honorable Body approve the the property from the City "as is" for one dollar ($1.00). The sale of purchaser will, at their cost, undertake remediation of the soil 159 Normal Avenue to Mr. and Mrs. William Eck in the and may seek reimbursement from parties, other than the amount of three thousand two hundred dollars ($3,200). I am City, responsible for causing the defect. If the purchaser further recommending that the Corporation Counsel prepare receives a reimbursement of 100% of the cost of remediation the necessary documents for the transfer of title and that the of the environmental defect, the City will receive 100% of the Mayor be authorized to execute the same. purchase price or an amount equal to the percentage Mr. Coppola Moved: recovered by the purchase i.e. if the seller received a lesser That the above communication from the Office of Strategic percentage of the cost of remediation say 50%, the City will Planning, Division of Real Estate, dated October 26, 2004, receive 50% of the sale price or ten thousand five hundred be received and filed; and dollars ($10,500). That the offer from Mr. William L. Eck and Mrs. Phyllis E. In addition to the above terms, the seller will pay for title Eck, residing at 155 Normal Avenue, in the sum of three search, survey, transfer taxes and recording fees. thousand and two hundred dollars ($3,200.00) for the I am recommending that Your Honorable Body approve the purchase of 159 Normal, be and hereby is accepted; and sale of That the appraisal requested by the City of Buffalo shall be the above captioned properties to Bethel Community paid by the purchaser; and Development Corporation upon the above stated terms and That the transfer tax, recording fees and cost of legal conditions. I am further recommending that the Corporation description shall be paid by the purchaser; and Counsel prepare the necessary documents for the transfer of That the Corporation Counsel be authorized to prepare the title and that the Mayor be authorized to execute the same. necessary documents for the transfer of title and that the Mr. Coppola Moved: Mayor be authorized to execute the same, in accordance That the above communication from the Office of Strategic with the terms of sale upon which the offer was submitted. Planning, Division of Real Estate, dated October 27, 2004, Passed be received and filed; and AYES - 8 - NOES - 0 That the offer from Rev. Richard Stenhouse on behalf of Bethel Community Development Corporation, in the sum of No. 12 one dollar ($1.00) for the purchase of 1424 & 1430 Results of Negotiations Jefferson, be and they hereby are accepted as is , and 168 Rhode Island, 88.50' NE Fargo That the appraisal requested by the City of Buffalo shall be Lot Size: 30' x 116' paid by the purchaser; Assessed Valuation: $3,400. That the transfer tax, recording fees and cost of legal The Office of Strategic Planning, Division of Real Estate description shall be paid by the purchaser; and has received a request to purchase 168 Rhode Island Street That the purchaser will undertake remediation of the soil and from Mr. John D. Beu and Mrs. Katherine A. Beu, 164 Rhode may seek Island Street, Buffalo, New York 14213. Mr. and Mrs. Beu reimbursement from parties, other than the City, responsible own and reside at 164 Rhode Island Street, which is for causing the defect; and adjoining to 168 Rhode Island Street. They intend to expand That the Corporation Counsel be authorized to prepare the their property line and use for extra yard space. necessary documents for the transfer of title and that the The Division of Permit and Inspection Services and the Mayor be authorized to execute the same, in accordance Division of Collections have no objections to the sale. There with the terms of sale upon which the offer was submitted. are no building code violations, taxes or other liens owed to PASED the City by the purchasers. AYES - 8 - NOES - 0 The Division of Real Estate has investigated the sale of similar residential vacant lot properties in the subject area. NO. 11 Sales prices range from fifty cents (.50) to one dollar and fifty Results of Negotiations cents ($1.50), per square foot. 159 Normal, 191.50' NW York The results of our negotiations are that Mr. and Mrs. Beu are Lot Size: 25' x 149' prepared to pay three thousand dollars ($3,000), eighty-six Assessed Valuation: $3,200. cents (.86) per square foot, for the subject property. Mr. and The Office of Strategic Planning, Division of Real Estate Mrs. Beu have also agreed to pay for the cost of the transfer has received a request to purchase 159 Normal Avenue tax, recording fees and cost of the legal description. from Mr. William L. Eck and Mrs. Phyllis E. Eck, 155 Normal I am recommending that Your Honorable Body approve the Avenue, Buffalo, New York 14213. Mr. and Mrs. Eck own sale of and reside at 155 Normal Avenue, which is adjoining to 159 168 Rhode Island Street to Mr. and Mrs. John Beu in the Normal Avenue. They intend to expand their property line amount of three thousand dollars ($3,000). I am further and use for extra yard space. recommending that the Corporation Counsel prepare the The Division of Permit and Inspection Services and the necessary documents for the transfer of title and that the Division of Collections have no objections to the sale. There Mayor be authorized to execute the same. are no building code violations, taxes or other liens owed to Mr. Coppola Moved: the City by the purchasers. That the above communication from the Office of Strategic The Division of Real Estate has investigated the sale of Planning, Division of Real Estate, dated October 28, 2004, similar residential vacant lot properties in the subject area. be received and filed; and Sales prices range from sixty-two cents (.62) to one dollar That the offer from Mr. John D. Beu and Mrs. Katherine A. and sixty cents ($1.60), per square foot. Beu, residing at 168 Rhode Island Street, in the sum of three The results of our negotiations are that Mr. and Mrs. Eck are thousand dollars ($3,000.00) for the purchase of 168 Rhode prepared to pay three thousand two hundred dollars Island, be and hereby is accepted; and That the appraisal (.50) per square foot for this parcel. They have also agreed requested by the City of Buffalo shall be paid by the to pay for the cost of the transfer tax, recording fees and cost purchaser; of the legal description. That the transfer tax, recording fees and cost of legal I am recommending that Your Honorable Body approve the description shall be paid by the purchaser; and sale of 557 Winslow to Tatanka Development Company, Inc. That the Corporation Counsel be authorized to prepare the in the amount of five thousand two hundred dollars ($5,200). necessary documents for the transfer of title and that the I am further recommending that the Corporation Counsel Mayor be authorized to execute the same, in accordance prepare the necessary documents for the transfer of title and with the terms of sale upon which the offer was submitted. that the Mayor be authorized to execute the same. PASSED REFERRED TO THE COMMITTEE ON COMMUNITY AYES - 8 - NOES - 0 DEVELOPMENT NO. 13 NO. 15 Results of Negotiations Transfer 286 Oak from the City of Buffalo to the 592 Swan, 188.99' E Jefferson Buffalo Urban Renewal Agency Vacant Lot: 20' x 126' Ellicott District Assessed Valuation: $1,200 Item No. 3, C.C.P. 2/3/04 The Office of Strategic Planning, Division of Real The Office of Strategic Planning, Division of Real Estate has received a request to purchase 592 Swan Street Estate, has received a request from the Buffalo Urban from Mr. Robert Rieker, 578 Swan Street, Buffalo, New York Renewal Agency to transfer title to 286 Oak Street to the 14210. Mr. Rieker owns and resides at 578 Swan Street and Agency for One Dollar ($1.00). The property will be used in owns adjoining lots at 584, 586 and 590 Swan Street. conjunction with the development of former Boys Together with 592 Swan Street, Mr. Rieker intends to extend Continuation School at 266 Oak Street, which Your his property line and use for additional green space. Honorable Body has authorized transfer to the Buffalo Urban The Division of Permit and Inspection Services and the Renewal Agency in the above referenced item. Division of Collections have no objections to the sale. There The property consists of a 6,992 square foot concrete block are no building code violations, taxes or other liens owed to building situated on a parcel of land 46 x 100 feet. This the City of Buffalo by the purchaser. building is an electrical maintenance building used by the The Division of Real Estate has investigated the sale of Board of Education. The Board will be moving to another similar residential vacant lot properties in the subject area. location. Sales prices range from forty-eight cents (.48) to seventy-This transfer will enable the designated developer to five cents (.75) per square foot. demolish 286 Oak and use for required parking for the The results of our negotiations are that Mr. Rieker is proposed redevelopment of 266 Oak Street into 28 prepared to pay one thousand two hundred dollars ($1,200), apartment units. A Land Disposition Agreement will be which is forty-eight cents (.48) a square foot for the parcel. submitted to Your Honorable Body by the Buffalo Urban He has also agreed to pay for the cost of the appraisal, Renewal Agency for final approval. transfer tax, recording fees and cost of the legal description. This office is recommending that Your Honorable Body I am recommending that Your Honorable Body approve the approve the transfer of title of 286 Oak Street to the Buffalo sale of Urban Renewal Agency for One Dollar and authorize the 592 Swan Street to Mr. Robert Rieker in the amount of one Corporation Counsel to prepare the necessary documents thousand two hundred dollars ($1,200). I am further for the transfer of title and that the Mayor be authorized to recommending that the Corporation Counsel prepare the execute the same. necessary documents for the transfer of title and that the REFERRED TO THE COMMITTEE ON COMMUNITY Mayor be authorized to execute the same. DEVELOPMENT REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 Transfer 190 Perry from the City of Buffalo to the NO. 14 Buffalo Urban Renewal Agency Results of Negotiations Fillmore District 557 Winslow, 549.07' E Kehr The Office of Strategic Planning, Division of Real Vacant Lot: 86' x 120' Estate, has received a request from the Buffalo Urban Assessed Valuation: $5,200 Renewal Agency to transfer title to 190 Perry Street (former The Office of Strategic Planning, Division of Real Estate, Sewer Authority Garage) to the Agency. has received a request to purchase 557 Winslow from Mr. The property consists of a 15,423 square foot one story brick Thomas Burton, attorney at law, 716 Brisbane Building, 403 building situated on a parcel of land 50 x 379 feet. The Main Street, Buffalo, New York 14203, representing Tatanka building is currently being used by the Buffalo Urban Development Company, Inc. They are acquiring 619 Renewal Agency's maintenance and clean and seal staff for Winslow and want to purchase 557 Winslow for business their offices and vehicle/equipment, maintenance and expansion and additional parking. storage. The building is in need of a new roof. The Buffalo The Division of Permit and Inspection Services and the Urban Renewal Agency has funds available to make the Division of Collections have no objections to the sale. There necessary roof repairs. These funds can only be used for are no building code violations, taxes or other liens owed to Buffalo Urban Renewal Agency owned properties. The the City of Buffalo by the purchaser. Buffalo Urban Renewal Agency will assume all repairs and The Division of Real Estate has investigated the sale of utility costs for the property. similar commercial lots in the subject area. Sale prices range The City of Buffalo will retain reversionary interest in the from fifty cents (.50) to one dollar and twenty-five cent property in the event the property is no longer needed by the ($1.25), per square foot. Buffalo Urban Renewal Agency. The results of our negotiations are that Tatanka This office is recommending that Your Honorable Body Development Company, Inc. has agreed and is prepared to approve the transfer of 190 Perry to the Buffalo Urban pay five thousand two hundred dollars ($5,200), fifty cents Renewal Agency upon the above terms and conditions. We are further recommending that the Corporation Counsel purpose. prepare the necessary documents for the transfer and Mr. Brian K. Wilson and Mrs. Denise Wilson own and reside retention of the City's reversionary interest and that the at 222 Mulberry Street, Buffalo, New York 14204. Mr. and Mayor be authorized to execute the same. Mrs. Wilson will clean, improve and maintain the lot at 228 Mr. Coppola Moved: Mulberry Street in the event they obtain title to the property That the above communication from the Office of Strategic under the Urban Homestead Program. Planning, Division of Real Estate, dated October 26, 2004, The Department of Permit and Inspection Services and the be received and filed; and Division of Collections have been contacted. There are no That the city-owned property commonly known as 190 Perry property code violations, taxes or other liens owed to the Street and that the Mayor be and he hereby is authorized to City of Buffalo by the homesteaders. execute a deed transferring said property to the Buffalo We, therefore, recommend the City-owned vacant lot be Urban Renewal Agency. That the Corporation Counsel be designated as a Homestead Property and be transferred to authorized to prepare the necessary documents for the Mr. and Mrs. Brian Wilson on the condition the property is transfer and retention of the City's reversionary interest and cleaned and improved within six (6) months and maintained that the Mayor be authorized to execute the same. in a sanitary manner. PASSED REFERRED TO THE COMMITTEE ON COMMUNITY AYES - 8 - NOES - 0 DEVELOPMENT NO. 17 NO. 19 Transfer of Title Transfer of Title Urban Homestead Program Urban Homestead Program 97 Kingsley Street 135 Stanislaus Street (City-Owned Vacant Lot, 33' x 115') (City-Owned Vacant Lot, 31' x 100') The Office of Strategic Planning, Division of Real Estate, The Office of Strategic Planning, Division of Real Estate, has has surveyed the City-owned vacant lot at 97 Kingsley surveyed the City-owned vacant lot at 135 Stanislaus Street, Street, Buffalo, New York, parcel is 33' x 115' in dimension; Buffalo, New York, parcel is 31' x 100' in dimension; and it and it has been determined this parcel is inappropriate for has been determined this parcel is inappropriate for either either the construction of new housing or needed for public the construction of new housing or needed for public purpose. purpose. Ms. Cynthia Watson owns and resides at 440 Northampton Mr. James M. Rodgers owns and resides at 137 Stanislaus Street, Buffalo, New York 14208. Ms. Watson will clean, Street, Buffalo, New York 14212. Mr. Rodgers will clean, improve and maintain the lot at 97 Kingsley Street in the improve and maintain the lot at 135 Stanislaus Street in the event she obtains title to the property under the Urban event he obtains title to the property under the Urban Homestead Program. Homestead Program. The Department of Permit and Inspection Services and the The Department of Permit and Inspection Services and the Division of Collections have been contacted. There are no Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. City of Buffalo by the homesteader. We, therefore, recommend the City-owned vacant lot be We, therefore, recommend the City-owned vacant lot be designated as a Homestead Property and be transferred to designated as a Homestead Property and be transferred to Ms. Cynthia Watson on the condition the property is cleaned Mr. James Rodgers on the condition the property is cleaned and improved within six (6) months and maintained in a and improved within six (6) months and maintained in a sanitary manner. sanitary manner. Mr. Coppola Moved: Mr. Coppola Moved That the above communication from the Office of Strategic That the above communication from the Office of Strategic Planning dated October 26, 2004, be received and filed; and Planning dated October 26, 2004, be received and filed; and That the city-owned property commonly known as 97 That the city-owned property commonly known as 135 Kingsley Street, is hereby designated as Homestead Stanislaus Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Cynthia to execute a deed transferring said property to Mr. James M. Watson, residing at 440 Northampton Street, for the amount Rodgers, residing at 135 Stanislaus Street, for the amount of of One Dollar ($1.00) and no more, and all costs of transfer, One Dollar ($1.00) and no more, and all costs of transfer, on on the condition the property is cleaned and improved within the condition the property is cleaned and improved within six six (6) months and maintained in a sanitary manner. (6) months and maintained in a sanitary manner. PASSED PASSED AYES - 7 - NOES - 1 AYES - 7 - NOES - 1 AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON – 7 GOLOMBEK, RUSSELL AND THOMPSON – 7 NOES – GRIFFIN -1 NOES – GRIFFIN -1 NO. 18 No. 20 Transfer of Title Transfer of Title Urban Homestead Program Urban Homestead Program 228 Mulberry Street 244 Watson Street (City-Owned Vacant Lot, 25' x 100') (City-Owned Vacant Lot, 30' x 107') The Office of Strategic Planning, Division of Real Estate, The Office of Strategic Planning, Division of Real Estate, has surveyed the City-owned vacant lot at 228 Mulberry has surveyed the City-owned vacant lot at 244 Watson Street, Buffalo, New York, parcel is 25' x 100' in dimension; Street, Buffalo, New York, parcel is 30' x 107' in dimension; and it has been determined this parcel is inappropriate for and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public either the construction of new housing or needed for public purpose. AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, Mr. James T. Newbern, Jr. owns and resides at 246 Watson GOLOMBEK, RUSSELL AND THOMPSON – 7 Street, Buffalo, New York 14206. Mr. Newbern will clean, NOES – GRIFFIN -1 improve and maintain the lot at 244 Watson Street in the event he obtains title to the property under the Urban NO. 22 Homestead Program. Utility Easement Agreement The Department of Permit and Inspection Services and the Niagara Mohawk Power Corporation Division of Collections have been contacted. There are no for Use of 341 Delaware - Asbury Church Ellicott District property code violations, taxes or other liens owed to the The Office of Strategic Planning, Division of Real Estate, City of Buffalo by the homesteader. has received the attached easement agreement from our We, therefore, recommend the City-owned vacant lot be Law Department. They have requested this office to file the designated as a Homestead Property and be transferred to easement with Your Honorable Body for your approval. Mr. James Newbern, Jr. on the condition the property is Niagara Mohawk Power Corporation is requesting this cleaned and improved within six (6) months and maintained easement in order to provide appropriate electrical service to in a sanitary manner. the former Asbury Delaware Methodist Church located at Mr. Coppola Moved: 341 Delaware Avenue, as described in the attached That the above communication from the Office of Strategic proposed easement "Exhibit A". Planning dated October 26, 2004, be received and filed; and This office has forwarded this easement to the Department That the city-owned property commonly known as 244 of Public Works, Parks & Streets. We are recommending Watson Street, is hereby designated as Homestead that Your Honorable Body approve this easement agreement Property, and that the Mayor be, and he hereby is authorized providing Department of Public Works, Parks & Streets has to execute a deed transferring said property to Mr. James T. no objections. Newbern, Jr., residing at 246 Watson Street, for the amount I am further recommending that the Corporation Counsel's of One Dollar ($1.00) and no more, and all costs of transfer, Office review said agreement for their approval as to form on the condition the property is cleaned and improved within and that Your Honorable Body authorizes the Mayor to six (6) months and maintained in a sanitary manner. execute the same. PASSED Mr. Coppola Moved: AYES - 7 - NOES - 1 That the above communication from the Office of Strategic AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK, Planning dated October 26, 2004, be received and filed; and GOLOMBEK, RUSSELL AND THOMPSON – 7 That the Executive Director of Strategic Planning be, and he NOES – GRIFFIN -1 hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, NO. 21 for use of city-owned property located at 341 Delaware Transfer of Title Avenue. That the Corporation Counsel be, and he hereby is Urban Homestead Program authorized to review said agreement and that the Mayor be 830 Woodlawn Avenue authorized to execute the same. (City-Owned Vacant Lot, 30' x 103') PASSED The Office of Strategic Planning, Division of Real Estate, AYES - 8 - NOES - 0 has surveyed the City-owned vacant lot at 830 Woodlawn Avenue, Buffalo, New York, parcel is 30' x 103' in dimension; NO. 23 and it has been determined this parcel is inappropriate for Application for USEPA Cleanup either the construction of new housing or needed for public Funds for Union Ship Sub-Parcel 3 purpose. Remediation Ms. Tia S. Harrison owns and resides at 826 Woodlawn Item No., C.C.P., 2004 Avenue, Buffalo, New York 14211. Ms. Harrison will clean, The City has recently applied for a NYSDEC Clean improve and maintain the lot at 830 Woodlawn Avenue in the Air/Clean Water Bond Fund Grant, in the amount of $2.2 event she obtains title to the properly under the Urban million for the remediation of the City-owned Union Ship Homestead Program. Canal Sub-Parcel 3 property. This grant requires a 10% The Department of Permit and Inspection Services and the matching fund. Division of Collections have been contacted. There are no Sub-Parcel 3 is intended to be a central park around the property code violations, taxes or other liens owed to the canal. A Generic Environmental Impact Statement has been City of Buffalo by the homesteader. approved for the entire Union Ship/Hanna Furnace property, We, therefore, recommend the City-owned vacant lot be of which Sub-Parcel 3 is a portion. The parcel has been the designated as a Homestead Property and be transferred to subject of extensive environmental investigations and the Ms. Tia S. Harrison on the condition the property is cleaned NYSDEC has issued a Proposed Remedial Action Plan that and improved within six (6) months and maintained in a includes remediation of the property for reuse as public sanitary manner. greenspace. Mr. Coppola Moved: The City is applying for a $200,000 USEPA Cleanup Grant That the above communication from the Office of Strategic to be used toward the City's 10% match of the NYSDEC Planning dated October 26, 2004, be received and filed; and Clean Air/Clean Water Bond Fund Grant. The USEPA grant That the city-owned property commonly known as 830 requires a 20% matching fund. The balance of sixty Woodlawn Avenue, is hereby designated as Homestead thousand dollars ($60,000) will be sought from County of Property, and that the Mayor be, and he hereby is authorized Erie. to execute a deed transferring said property to Ms. Tia S. RECEIVED AND FILED Harrison, residing at 826 Woodlawn Avenue, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, FROM THE COMMISSIONER OF ASSESSMENT AND on the condition the property is cleaned and improved within TAXATION six (6) months and maintained in a sanitary manner. PASSED No. 24 AYES - 7 - NOES - 1 "J. Heck - Donate Vacant Lot 21 B Street to COB" ITEM #45, C.C.P. OCTOBER 19, 2004 NO STANDING - REPEAL The above referenced Item was referred to the ON MASTEN AVENUE, WEST SIDE Department of Assessment and Taxation for a response. FROM WOODLAWN AVENUE The Parcel assessed as 21 B Street and assessed to James TO EAST FERRY ST. R. Heck III, 32 Tartan Lane, Amherst, New York 14221, is a (MASTEN DISTRICT) residential lot 30 x 142, 208 feet east of Fillmore. Our tax records show that the 2004-05 July installment and sewer NO STANDING - REPEAL rent are paid and the December installment of $19.52 due In conformity with Section 49 of Chapter 479 of the January 3, 2005 remains unpaid. Ordinances of the City of Buffalo, the City Engineer hereby REFERRED TO THE COMMITTEE ON COMMUNITY notifies Your Honorable Body of this action supplementing, DEVELOPMENT amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five FROM THE COMMISSIONER OF PUBLIC WORKS, days after the first Council meeting at which they appear on PARKS AND STREETS the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of NO. 25 Ordinances of the City of Buffalo be supplemented by NOTIFICATION SERIAL # 9968 repealing there from the following: NO STANDING INSTALL STOP SIGN PROHIB PORTION OF HWY PROHIBITED PERIOD - POLICE EMERGENCY ORDER DAILY IN MASTEN AVENUE Masten Avenue, West side from Any Time AT EAST NORTH STREET Woodlawn Avenue (ELLICOTT DISTRICT) to East Ferry St. STOP SIGN - INSTALL This action is being taken in conjunction with the conversion In conformity with Section 49 of Chapter 479 of the of Masten Avenue to two-way traffic. (See next 2 serials). Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, NOTIFICATION SERIAL #9971 amending, or repealing existing provisions of Chapter 479 of INSTALL ALTERNATE PARKING - TYPE 2K the Ordinances, as stated below, to be effective forty five MASTEN AVENUE BETWEEN days after the first Council meeting at which they appear on BEST STREET AND MAIN STREET the agenda as an item business. (EXCLUDING ALL NO PARKING AND NO STANDING That that part of Subdivision 9 Section 11 of Chapter 479 of AREAS) Ordinances of the City of Buffalo be supplemented by adding (ELLICOTT AND MASTEN DISTRICT) thereto the following: STOP SIGNS NO PARKING (ALTERNATE - TYPE 2K) - INSTALL VEHICLES ON SHALL STOP BEFORE ENTERING In conformity with Section 49 of Chapter 479 of the Masten Avenue East North Street Ordinances of the City of Buffalo, the City Engineer hereby This action is being taken by Police Emergency Order to notifies Your Honorable Body of this action supplementing, provide traffic control at an uncontrolled intersection, in amending, or repealing existing provisions of conjunction with the conversion of Masten Avenue to two-Chapter 479 of the Ordinances, as stated below, way traffic. to be effective forty five days after the first Council meeting at which they appear on the agenda as an item NOTIFICATION SERIAL # 9969 business. INSTALL YIELD SIGN That part of Subdivision 24 Section 15 of Chapter 479 of POLICE EMERGENCY ORDER Ordinances of the City of Buffalo be supplemented by adding IN MASTEN AVENUE NORTHBOUND MERGE LANE thereto the following: NO PARKING FROM WESTBOUND EAST NORTH STREET PROHIB PORTION OF HWY PROHIBITED PERIOD AT MASTEN AVENUE (NORTHBOUND) Masten Avenue, west side 6:00 p.m. Monday to 6:00 (ELLICOTT DISTRICT) p.m. Thursday from Best Street to Main Street YIELD SIGN - INSTALL (excluding all no parking and no standing areas) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby Masten Avenue, east side6:00 p.m. Thursday to 6:00 p.m. notifies Your Honorable Body of this action supplementing, Monday amending, or repealing existing provisions of Chapter 479 of from Best Street to Main Street the Ordinances, as stated below, to be effective forty five (excluding all no parking and no standing areas) days after the first Council meeting at which they appear on This action is being taken in conjunction with the conversion the agenda as an item business. of Masten Avenue to two-way traffic. (See next and previous That that part of Subdivision 9 Section 11 of Chapter 479 of serial). Ordinances of the City of Buffalo be supplemented by adding thereto the following: YIELD SIGNS NOTIFICATION SERIAL #9972 Vehicles on Shall Yield Before Enterring NO STANDING SCHOOL DAYS - INSTALL Masten Avenue northbound merge lane from westbound ON MASTEN AVENUE, WEST SIDE East North Street FROM WOODLAWN AVENUE Masten Avenue (northbound) TO EAST FERRY STREET This action is being taken by Police Emergency Order to ( EXCLUDING NO PARKING AND NO STANDING provide traffic control at an uncontrolled merge, in AREAS) conjunction with the conversion of Masten Avenue to two- (MASTEN DISTRICT) way traffic. NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATION SERIAL # 9970 notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of ON MASTEN AVENUE, WEST SIDE the Ordinances, as stated below, to be effective forty five FROM EAST NORTH STREET days after the first Council meeting at which they appear on TO BEST STREET the agenda as an item business. ELLICOTT DISTRICT) That part of Subdivision 22 Section 15 of Chapter 479 of NO STANDING - REPEAL Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the thereto the following: NO STANDING Ordinances of the City of Buffalo, the City Engineer hereby PROHIB PORTION OF HWY PROHIBITED PERIOD notifies Your Honorable Body of this action supplementing, Masten Avenue, west side8:00 a.m. - 4:00 p.m amending, or repealing existing provisions of Chapter 479 of from Woodlawn Avenue School Days the Ordinances, as stated below, to be effective forty five to East Ferry Street days after the first Council meeting at which they appear on ( excluding no parking and no standing areas) the agenda as an item business. This action is being taken to provide a safe area for school That part of Subdivision 22 Section 15 of Chapter 479 of buses at the request of Traditional High School in Ordinances of the City of Buffalo be supplemented by conjunction with the conversion of Masten Avenue to two-repealing therefrom the following: NO STANDING way traffic. ( see previous 2 serials ) PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY NOTIFICATION SERIAL #9973 Masten Avenue, west side AnyTime REPEAL NO PARKING fromEastNorthStreetto Best Street ON MICHIGAN AVENUE, EAST SIDE This action is being taken in conjunction with the conversion FROM EAST FERRY STREET of Masten Avenue to two-way traffic. (See next serial) TO WOODLAWN AVENUE ( MASTEN DISTRICT) NOTIFICATION SERIAL #9976 NO PARKING - REPEAL INSTALL NO STANDING In conformity with Section 49 of Chapter 479 of the ON MASTEN AVENUE, WEST SIDE Ordinances of the City of Buffalo, the City Engineer hereby BETWEEN EAST NORTH STREET notifies Your Honorable Body of this action supplementing, AND BEST STREET amending, or repealing existing provisions of Chapter 479 of (ELLICOTT DISTRICT) the Ordinances, as stated below, to be effective forty five NO STANDING - INSTALL days after the first Council meeting at which they appear on In conformity with Section 49 of Chapter 479 of the the agenda as an item business. Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 24 Section 15 of Chapter 479 of notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by amending, or repealing existing provisions of Chapter 479 of repealing therefrom the following: NO PARKING the Ordinances, as stated below, to be effective forty five PROHIBITED PORTION OF HIGHWAY PROHIBITED days after the first Council meeting at which they appear on PERIOD the agenda as an item business. Michigan Avenue, east side 7:00amto7:00pm That that part of Subdivision 22 Section 15 of Chapter 479 of from East Ferry Street exceptSunday Ordinances of the City of Buffalo be supplemented by adding to Woodlawn Avenue. thereto the following: NO STANDING This action is being taken in conjunction with the conversion PROHIBITED PORTION OF HIGHWAY PROHIBITED of Michigan Avenue to two way traffic. (see next serial) PERIOD Masten Avenue, west side 7pmto6am NOTIFICATION SERIAL #9974 betweenEastNorthStreet REPEAL NO PARKING and Best Street ON MICHIGAN AVENUE, EAST SIDE This action is being taken in conjunction with the conversion FROM WOODLAWN AVENUE of Masten Avenue to two-way traffic. (See previous serial). TO EAST NORTH STREET ( ELLICOTT AND MASTEN DISTRICTS) NOTIFICATION SERIAL # 9977 NO STANDING - REPEAL NO PARKING - REPEAL ON JEFFERSON AVENUE, WEST SIDE In conformity with Section 49 of Chapter 479 of the BETWEEN EAST DELAVAN AVENUE Ordinances of the City of Buffalo, the City Engineer hereby AND MAIN STREET notifies Your Honorable Body of this action supplementing, (MASTEN DISTRICT) amending, or repealing existing provisions of Chapter 479 of NO STANDING - REPEAL the Ordinances, as stated below, to be effective forty five In conformity with Section 49 of Chapter 479 of the days after the first Council meeting at which they appear on Ordinances of the City of Buffalo, the City Engineer hereby the agenda as an item business. notifies Your Honorable Body of this action supplementing, That that part of Subdivision 24 Section 15 of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo be supplemented by the Ordinances, as stated below, to be effective forty five repealing therefrom the following: NO PARKING days after the first Council meeting at which they appear on PROHIB PORTION OF HWY PROHIBITED PERIOD the agenda as an item business. Michigan Avenue, east side That that part of Subdivision 22 Section 15 of Chapter 479 of 7:00 am to 7:00 pm Ordinances of the City of Buffalo be supplemented by except Sunday repealing therefrom the following: NO STANDING from Woodlawn Avenue to PROHIBITED PORTION OF HWYPROHIBITED PERIOD - East North Street. DAILY This action is being taken in conjuction with the conversion Jefferson Avenue, west side between at all times of Michigan Avenue to two way traffic. (see previous serial) East Delavan Avenue and Main Street This action is being taken in order to provide additional on NOTIFICATION SERIAL #9975 street parking for students attending Canisius College and NO STANDING - REPEAL employees of Blue Cross and Blue Shield. (see next serial) Ordinances of the City of Buffalo be supplemented by adding NOTIFICATION SERIAL # 9978 thereto the following: NO STANDING INSTALL NO STANDING PROHIBITED PORTION OF HWY PROHIBITED ON JEFFERSON AVENUE, WEST SIDE PERIOD BETWEEN MAIN STREET East Delavan Avenue, north side Atalltimes. AND HUGHES AVENUE BetweenFillmoreAvenue (MASTEN DISTRICT) and Jefferson Avenue NO STANDING - INSTALL This action is being taken in order to provide additional on In conformity with Section 49 of Chapter 479 of the street parking for students ascending Canisius College and Ordinances of the City of Buffalo, the City Engineer hereby employees of Blue Cross and Blue Shield. (see previous and notifies Your Honorable Body of this action supplementing, next serial) amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five NOTIFICATION SERIAL # 9981 days after the ftrst Council meeting at which they appear on INSTALL NO STANDING the agenda as an item business. ON EAST DELAVAN AVENUE, NORTH SIDE That that part of Subdivision 22 Section 15 of Chapter 479 of BETWEEN A POINT 430' WEST OF JEFFERSON Ordinances of the City of Buffalo be supplemented by adding AVENUE thereto the following: NO STANDING AND MAIN STREET PROHIBITED PORTION OF HWY PROHIBITED PERIOD (MASTEN DISTRICT) Jefferson Avenue, west side between At all times NO STANDING - INSTALL Main Street and Hughes Avenue In conformtty with Section 49 of Chapter 479 of the This action is being taken in order to provide additional on Ordinances of the City of Buffalo, the City Engineer hereby street parking for students attending Canisius College and notifies Your Honorable Body of this action supplementing, employees of Blue Cross and Blue Shield. (see previous amending, or repealing existing provisions of Chapter 479 of serial) the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on NOTIFICATION SERIAL # 9979 the agenda as an item business. NO STANDING - REPEAL That that part of Subdivision 22 Section 15 of Chapter 479 of ON EAST DELAVAN AVENUE, NORTH SIDE Ordinances of the City of Buffalo be supplemented by adding BETWEEN FILLMORE AVENUE thereto the following: NO STANDING AND MAIN STREET PROHIBITED PORTION OF HWY PROHIBITED PERIOD (MASTEN DISTRICT) East Delavan Avenue, north side at all times NO STANDING - REPEAL between a point 430' west of Jefferson In conformity with Section 49 of Chapter 479 of the Avenue and Main Street Ordinances of the City of Buffalo, the City Engineer hereby This action is being taken in order to provide notifies Your Honorable Body of this action supplementing, additional on street parking for students amending, or repealing existing provisions of Chapter 479 of attending Canisius College and employees of Blue Cross the Ordinances, as stated below, to be effective forty five and Blue Shield. (see previous 2 serials) days after the first Council meeting at which they appear on Waive 45 Days the agenda as an item business. RECEIVED AND FILED That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by NO. 26 repealing therefrom the following: NO STANDING CHANGE IN CONTRACT PROHIBITED PORTION OF HWY PROHIBITED PERIOD - NORTH JEFFERSON LIBRARY DALLY CONSTRUCTION East Delavan Avenue, north side At all times JOB #0324 between Fillmore Avenue and Main Street MASTEN DISTRICT This action is being taken in order to provide additional on I hereby submit to Your Honorable Body the following street parking for students attending Canisius College and changes for the North Jefferson Library, Construction, employees of Blue Cross and Blue Shield. (see next 2 Electrical Work, Tunney Electric, Inc., C #92010831. serials) 1. Spare 4" conduit not required. Deduct $1,492.65 The foregoing change results in a net decrease in the NOTIFICATION SERIAL # 9980 contract of One Thousand Four Hundred Ninety Two and 65/100 Dollars ($1,492.65). Mr. Coppola Current Contract Amount $503,227.62 moved Amount of This Change Order (#2) $ 1,492.65 INSTALL NO STANDING Revised Contract Amount $501,734.97 ON EAST DELAVAN AVENUE, NORTH SIDE Costs have been reviewed by the Consulting Architect BETWEEN FILLMORE AVENUE (Robert Traynham Coles, Architect) and the Department of AND JEFFERSON AVENUE Public Works, Parks & Streets and were found to be fair and (MASTEN DISTA'ICT) equitable. Funds for this work are to be credited to 37320306 NO STANDING - INSTALL 445100 - Division of Buildings. In conformity with Section 49 of Chapter 479 of the I request that Your Honorable Body authorize the Ordinances of the City of Buffalo, the City Engineer hereby Commissioner of Public Works, Parks & Streets to issue a notifies Your Honorable Body of this action supplementing, change order to the contractor as set forth above. amending, or repealing existing provisions of Chapter 479 of That the above communication from the Commissioner of the Ordinances, as stated below, to be effective forty five Public Works, Parks and Streets dated October 8, 2004, be days after the first Council meeting at which they appear on received and filed; and the agenda as an item business. That the Commissioner of Public Works, Parks and Streets That that part of Subdivision 22 Section 15 of Chapter 479 of be, and he hereby is authorized to issue change order No. 2, to Tunney Electric, Inc., a decrease in the amount of E594 1993 PickUpTruck $1,492.65, as more fully described in the above E595 1993 PickUpTruck communication, for work relating to Job E586 1992 SmallDumpTruck No. 0324, North Jefferson Library Construction, Electrical E587 1992 Small Dump Truck Work, C #92010831. Funds for this project are to be credited E582, E594 and E595 are vehicles utilized by our traffic to 37320306 445100 - Division of Buildings. signs and signal maintenance crews on a daily basis and are PASSED all beyond their normal service life. E586 and E587 are small AYES - 8 NOES - 0 dump bodies used by our street repair and pothole crews on a daily basis and are beyond their normal service life. NO. 27 Anticipated replacement costs for these five vehicles using CONTRACT COMPLIANCE ON CAPITAL PROJECTS anticipated state bid contracts are not expected to exceed ITEM NO. 138, C.C.P. OF 10/05/04 $150,000.00. Funds available for this purpose will consist of The referenced item was sent to this department for $94,000 approved by Honorable Body in our departments comment. '04-'05 O&M budget supplemented with funds from our Since July 1, 2004 the following Section 3 Projects have Capital Project Accounts #30057406 and #30032106. been bid by the Department of Public Works, Parks REFERRED TO THE COMMITTEE ON FINANCE and Streets: CityContracts MassachusettsAve.ProjectImprovements NO. 30 MLK Park Splash Pad ADELPHIA BANKRUPTCY BURA Contracts US BANKRUPTCY COURT Nash House Interior Restoration #138, CCP SEPT. 7, 2004 Schiller Park Court Improvements The situation involving the Adelphia bankruptcy is a fluid 1490 Parking Lot Construction one. The most recent news was that creditor claims against This department relies upon the Department of Community Adelphia Communications Corp. total $3 trillion. However, Services for the review of AA/EEO requirements. many of the claims pending against the nation's fifth-largest REFERRED TO THE COMMITTEE ON COMMUNITY cable company could turn out to be duplicates, and the real DEVELOPMENT number may be more like $18 to 20 billion when it is resolved. NO. 28 Nevertheless, this demonstrates the complexity of the ESTABLISHMENT OF M/WBE GOALS -VARIOUS FIRE company's structure and this bankruptcy process. Many STATIONS large companies are composed of multiple business units, ITEM NO. 140 AND 141, C.C.P. 10/05/04 and Adelphia is a prime example. The Rigas family set up a Please accept this as response from both this department corporate structure comprised of 243 separate business and the Mayor's office. entities. In the late 1990s, Adelphia paid about $12 billion to As requested in the above resolutions, the Commissioner of buy other cable systems, including Buffalo. As a result, it Public Works requests Common Council approval of the doubled the amount of subscribers to five million, and further establishment of Minority Business Enterprise goals of 25% complicated its structure. and Women Business Enterprise goals of 5% on contracts When it filed for bankruptcy in 2002, Adelphia had $18.6 for the construction of a new fire station at E. Delavan and billion in debt. Today analysts and creditors say the Fillmore, and for the expansion of the existing station at Main company is worth between $17 billion and $23 billion. and Mercer. However, due largely to duplicate claims, claims against the Mr. Coppola moved company have increased from the billions to the trillions of That the above communication from the Commissioner of dollars. Public Works, Parks and Streets dated October 19, 2004, be It is not uncommon for companies to spend upward of five received and filed; and years in bankruptcy, but the Adelphia case could drag on That the Common Council work toward Minority Business even longer. Adelphia has more than 60 accountants sifting Enterprise goals of 25% and Women Business Enterprise through more than 7 million ledger entries dating back to goals of 5% on contracts for the construction of a new fire 1998. Many observers feel that the Adelphia case will be the station at E. Delavan and Fillmore, and for the expansion of most complex bankruptcy in U.S. business. tjae existing station at Main and Mercer. Adelphia is preparing to take bids on its systems. Adelphia's Approve as amended management team originally did not want to sell while in PASSED bankruptcy but changed its mind after strong opposition AYES - 8 NOES - 0 surfaced to a reorganization plan they proposed. Company executives have said they will move ahead with the NO. 29 reorganization plan if the auction does not produce a high- REQUEST PERMISSION TO PURCHASE VEHICLES [: enough price. MAINTENANCE FLEET REPLACEMENTS REFERRED TO THE COMMITTEE ON LEGISLATION AND Our department is requesting permission to buy (5) new THE trucks to replace aging vehicles in our traffic and street CORPORATION COUNSEL repair daily maintenance fleet. Vehicles to be replaced our as follows: NO. 31 E582 1991 UtilityTruck CERTIFICATE OF APPOINTMENT of Public Works, Division of Streets to the Position of Heavy The Buffalo Police Department has identified vehicles, which Equipment Operator, Provisional Promotion at the were auctioned sale, and will be identifying several other Intermediate Starting Salary of $30,344 vehicles that will be disposed of similarly. With respect to the James Linkowski, 187 Woodside, Buffalo, NY 14220 identification of those vehicles, which are being disposed of; REFERRED TO THE COMMITTEE ON CIVIL SERVICE factors such as the age, mileage, maintenance history and general condition of the vehicle will be taken into Appointment Effective October 26, 2004 in the Department consideration. Also, the value of the vehicle as a parts vehicle will be taken into considered prior to being submitted as a vehicle for auction. With respect to the purchase of the thirteen (13) vehicles awaiting Council approval, there will be two methods enlisted for their purchase. The eight (8) Taurus' will be purchased in accordance with those methods approved by the City Charter and will become a function of the Purchase Department. These vehicles will be purchased using funds from the Buffalo Police Department's General Budget, as was approved by the City. That five (5) vehicles of various makes and models will be purchased through means, which have been approved by the CounciL The sensitivity related to the identification of these vehicles leads the Department to request that the matter be addressed in a more personal manner, perhaps through meetings with Council staff These vehicles will be funded througb the use of Drug Asset Forfeiture Funds. Tile life expectancy of the five (5) vehicles of various make and model, which will be used for undercover operations, is variable. The vehicles typically have between 50,000 and FROM THE COMMISSIONER OF POLICE 60,000 miles at time of purchase. More importantly however, their usefiflness as undercover vehicles can be shorter than NO. 32 their life expectancy. The vehicles become "stale" and their CITY OF BUFFALO, POLICE DEPARTMENT continued use can present an issue of safety for the officers REQUEST FOR INFORMATION REGARDING utilizing the vehicles. VEHICLE PURCHASES The life expectancy of the eight (8) unmarked vehicles is Pursuant to the request dated September 16, 2004 approximately six years. While the mileage may be lower regarding issues related to the Buffalo Police Department's than that of the marked vehicles upon disposal, these request for vehicles, the following is a response to the vehicles incur greater maintenance and down-time at lower questions raised in that correspondence: mileage. The move to one-officer patrol cars has certainly placed If you have ally further questions, please contact Chief more demand on the need for marked vehicles. This need Richard Ortiz at 85 I-5181, or contact this office at 851-4571. has been addressed with the fifty (50) marked Ford Crown REFERRED TO THE COMMITTEE ON FINANCE Victorias, which the Common Council approved as part of the 2004/2005 Budget Year approval process and then later NO. 33 approved once again, as is required by CCP 109 071604. M. LUCIANO, USE 256 ALLEN FOR OUTDOOR PATIO Tbe request for eight (8) unmarked 2005 Ford Taurus', (ELL) (HRG 10/12)"] addresses a separate issue. In an effort to maintain the fleet ITEM #65, C.C.P. OCTOBER 5, 2004 responsibly, the Department is taking factors such as the Per the Common Council's request dated October 13, 2004 age, mileage and maintenance of a vehicle, in making the regarding a copy of911 police calls for 256 Allen Street since determination of the needs of the fleet. Based on those June 1, 2004, the following information is being submitted: factors, a group of unmarked vehicles is being identified for replacement and subsequent disposal. The request the 7/2/2004 12:57AM Loud Noise unmarked vehicles will not result in an increase in unmarked 7/9/2004 2:35AM Loud Noise fleet numbers, following tile auction of the identified vehicles. 7/30/2004 1:12AM Loud Noise At this time, , vehicle in the Police fleet is identified for 8/1/2004 2:21AM Loud Noise repainting as a means of changing its status from either 8/13/2004 2:40AM Loud Noise marked or unmarked. The practice of changing the status of 8/13/2004 2:40AM Loud Noise vehicles from either marked or unmarked has been enlisted 8/15/2004 9:19PM Loud Noise in the past, usually from a marked status to an unmarked 8/15/2004 9:23PM Loud Noise status. However, as noted in the first question of your 8/16/2004 5:29PM Miscellaneous correspondence, the need for marked vehicles has become 8/20/2004 12:25PM Loud Noise greater, thereby decreasing the value of the practice at this 8/26/2004 3:09AM Customer Problem time. 9/02/2004 3:04AM Loud Noise As discussed in the staff-to-staff review, tile assignment 9/3/2004 12:37AM Loud Noise and/or number of take-home vehicles will not change 9/4/2004 4:40AM Loud Noise following tbe purchase and/or disposal of vehicles. 9/9/2004 5:47PM Utility Call The majority of take-home vehicles are unmarked. Although 10/11/2004 12:02AM Robbery there are benefits, which can be attributed to an increase in REFERRED TO THE COMMITTEE ON LEGISLATION visibility associated with a marked vehicle, these vehicles are often used to conduct undercover work and/or work that NO. 34 requires greater discretion than that which is offered by a URBAN AREA SECURITY GRANT, YEAR 2/2004 FUNDS marked vehicle. ITEM NO. 32 C.C.P. 11/25/03 As you are aware, the City of Buffalo, County of Erie, and $150,000 - Overtime Costs/Backfill for Office of Domestic Niagara County have been awarded grant funds for a Preparedness enhanced operational and field response second year (2004)under the Urban Area Security training for CBRNE Response Team Unit Members, patrol Initiative(UASI)from the US Department of Homeland personnel training for citizen preparedness Security for urban area security and homeland $150,000 - CBRNE Community-Oriented Police Satellite preparedness, totaling $10,036,290. The City of Buffalo's Emergency Response Trainers - Funding will be utilized to share of funding is a total of $3,061,970; the County's share designate 5 community preparedness trainers to teach and is $4,717,062, Niagara County's share is $250,000, and New support citizen awareness activities, volunteer/citizen York State's 20% share totals $2,007,258. prevention and planning neighborhood responses through We have been advised that the City's share of $3,061,970 citizen corp community emergency response team strategies has been wired into the City's account and therefore, are $72,000 Salary/$20,600 Fringe - Continuation of City of now asking for approval by your Honorable Body for me to Buffalo Homeland Security Coordinator Position accept these funds on behalf of the City, and in addition, $44,830 Salary/$13,114 Fringe - Continuation of City of accept the expenditures itemized below so that when the Buffalo Homeland Security Fiscal Compliance Manager items are in the process of being purchased, we do not have This completes the City of Buffalo's to come back to Council for each individual purchase, directshareofcontractual funding for 2004 ($3,061,970). especially as it pertains to CBRNE We will be submitting this information to the Control Board (Chemical/Biological/Radioactive/Nuclear/Explosive) pull for their November meeting; thus we need your immediate vehicles, CBRNE trucks and the police CBRNE team approval in order to do so. Again, we are asking for both the specialty response vehicles (including a watercraft). Jim acceptance of these grant funds, as well as the acceptance Milroy, the Commissioner of Administration and Finance, will of the expenditures listed that had to be negotiated with the be meeting specifically with the Control Board about this County of Erie and approved by New York State's Office of funding and the expenditures. Even though the State did not Weapons and Mass Destruction, through the Federal release the funding to the City until October 2004, the "feds" Department of Homeland Security, Office of Domestic initiated the actual contractual period as beginning last Preparedness. December 2003 to coincide with the high alert period that If you have any questions or require further clarification of occurred back then. As a result, we are now under a very, the above, please contact Jim Milroy, ext. 5922, Captain very tight time frame for expending these Year 2 funds (end Mark Makowski or Maureen Oakley at ext. 4475. date 11/30/05), and because of the specialized bidding Thank you for your immediate attention to this pressing process for the types of equipment being purchased, we matter as again, we must have your approval prior to cannot get caught up in any type of bureaucratic delays. Be presenting this information to the Control Board at their advised, that because of all the bureaucracies involved with November meeting, so that we can begin to spend out these the release of the 2003 Year One funds, we are also funds within the required grant time period. spending those funds out as well, and that deadline date is REFERRED TO THE COMMITTEE ON FINANCE 6/30/05. In essence, we are attempting to spend out all of these monies at the same time, and the processes involved NO. 35 are time consuming and lengthy. CERTIFICATE OF APPOINTMENT The City's breakdown of funding is as follows: Appointment Effective: October 18, 2004 in the Division of Water: Department of: Police Division of: Administration and $500,000 Perimeter Security/Technology Communications to the Position of: Report Technician Fire Department: $656,425 - Communications for connectivity and interoperability of both Fire/Police - broadband network Rose M. Borczynski, 98 Barnard Street, Buffalo, Ny 14206 connecting City/County emergency operations Mr. Coppola- Moved: $300,000 - Covers cost of overtime/backfill for Fire That the above Communication from the Department of personnel to attend ODP sponsored training and hands-on Police dated October 18, 2004, be received and filed; and exercises for incident preparedness That the appointment of Rose M. Borczynski, residing at 98 $210,000 - Covers cost of vehicles to transport equipment Bernard Street as a reappointment to the position of Report and/or personnel to CBRNE event (Chemical,Biological, Technician, be and it hereby is approved. Radiological,Nuclear,Explosive)/Specifically decontam PASSED operations/mass casualty AYES - 9 NOES – 0 $345,000 - Fire Haz-Mat Monitoring - Updating technology $90,000 Personal Protective Equipment (Splash/Vapor FROM THE CORPORATION COUNSEL Protection) for both Fire/Police Buffalo Police Department NO. 36 The Buffalo Police Department has been approved by NORTHWEST BUFFALO COMMUNITY State/Feds to initiate a multi-tiered response team unit that CENTER, INC. - MUNCHKINLAND DAY will include current members of SWAT, Hostage CARE CENTER, LEASE Management and Underwater Recovery Units that will (NORTH DISTRICT) receive further extensive training in order to respond to any Enclosed please find a draft of the new lease between the chemical, biological, radiological, nuclear and/or explosive City and Northwest Buffalo Community Center, Inc. - incident for the protection of citizens. As such, the State has Munchkinland Day Care Center for use of 902-904 approved: Tonawanda Street for your review. $510,000 - CBRNE Response Team Unit Vehicles: Mr. Coppola moved Watercraft Specialty Vehicle to transport water response That the above communication from the Corporation personnel/rescue equipment on site; Specialty vehicle to Counsel dated October 28, 2004, be received and filed; and transport forced evacuation specialists' equipment on site; That the Director of Strategic Planning be, and he hereby is CBRNE transport vehicle to accommodate traveling into authorized to renew the lease between the City and inner perimeter; waterside/evacuation/preventative Northwest Buffalo Community Center, Inc., Munchkinland equipment Day Care Center, for use of 902-904 Tonawanda Street for a term commencing on October I, 2004 and expiring Housing and Property Code of City of Buffalo. Building September 30, 2007. That the Corporation Counsel be Inspectors spend countless hours researching records to authorized to prepare the necessary lease renewal and that determine the ownership of properties for prosecution in the Mayor be authorized to execute the same. Housing Court. When a property is sold or "flipped" to AYES - 8 NOES - 0 another owner, the notification and court process must be started over because of our obligation to provide for "Good NO. 37 Service" to fulfill our legal responsibilities. The situations that CITY/COUNTY MERGER arise where finance companies are duped into making loans ITEM NO 110, C.C.P. 7/6/04 and mortgages that are in excess of the real value is a I am in receipt of the above-referenced Common Council matter for the Attorney General of New York State. If Communication. As per the request of your Honorable Body, unscrupulous investors and appraisers are able to inflate the I am providing the following information regarding the value of properties, it seems the legislation on the State level general steps that would need to be followed for a would be the solution. If your Honorable Body wishes to form city/county merger. a task force that would investigate these real estate goings Home Rule Message from County to the State; on, we would be willing to participate to help come up with a State legislature would then approve the creation of an resolution to this issue. It is my sincere hope that this alternate form of county government; response satisfies your inquiry. Creation of a special charter revision commission; REFERRED TO THE COMMITTEE ON COMMUNITY County legislature would pass, modify or reject the proposed DEVELOPMENT changes; Split referendum in the three towns and the rest of the NO. 40 County must pass both provisions; APPOINTMENT OF MAYOR'S TASK FORCE ON A City Home Rule Message is not required according to the HOUSING (PERMITS) County's attorney. However, additional legal research will be ITEM NO. 30. C.C.P. 10/4/2004 conducted to confirm this position. I am in receipt of the above stated Common Council REFERRED TO THE COMMITTEE ON LEGISLATION Communication and wish to supply your Honorable Body with the following information. The new Director's position NO. 38 will have charge of the newly developed Rental Dwelling Unit TAX EXEMPTION FOR CAPITAL IMPROVEMENTS Registration Program. The Director will manage the mailing PRIOR COUNCIL REFERENCE: ITEM NO. 141, C.C.P. of the application forms and oversee the development and 9/7/04 maintenance of an accurate database of properties and I am in receipt of the above-referenced Common Council owners. The Director will issue certificates of registration to Communication. As per the request of your Honorable Body, owners of rental property who comply with this newly created I am providing the following information regarding tax law. The Director will take charge of scheduling inspections exemptions for capital improvements on residential for non-compliant owners of rental properties and for properties. complaints received. The Director shall take charge of all Real Property Tax Law §421-f authorizes real property tax hearings to determine the validity of the certificate issued exemptions for capital improvement on residential properties under the Rental Dwelling Unit Registration Program. The over an eight (8) year graduated period. The exemption is Director shall be responsible for tracking code enforcement from real property taxation of the increase in assessed value activity in the CCE area as determined by the Department of after reconstruction, alterations or improvements made at a Strategic Planning. We are confident that this newly residential property (one and two family structures only). The enhanced program will monitor the activity of all landlords, structure must be at least five (5) years old, and the provide an updated database for quicker communication with exemption does not apply to any ordinary maintenance or property owners and will enhance the City of Buffalo with an repairs. The exemption is applicable only to reconstruction, additional revenue stream. It is my sincere hope that this alteration, and improvements exceeding $3,000, and is response satisfies your inquiry. limited to $80,000 in increased value. However, a REFERRED TO THE COMMITTEE ON LEGISLATION municipality may reduce this amount if it sees fit. The Council would be required to pass a local law granting NO. 41 the exemption before any exemptions can be authorized. DEMOLITION POLICY FOR THE CITY OF BUFFALO REFERRED TO THE COMMITTEE ON LEGISLATION ITEM NO. 123. C.C.P. 10/5/2004 I am in receipt of the above stated Common Council FROM THE COMMISSIONER OF PERMIT & INSPECTION Communication and wish to supply your Honorable Body SERVICES with the following information. Section 103-6 of the Ordinance of the City of Buffalo governs the issuance of NO. 39 Demolition Permits. Section 103-6 H. requires that permit ADDRESSING THE PROBLEM OF REAL ESTATE applications for demolition, asbestos abatement and exterior FLIPPING IN BUFFALO demolition are referred to the City of Buffalo Preservation ITEM NO. 133. C.C.P. 10/5/2004 Board. Section 103-6 H. (1) requires that a sign be posted I am in receipt of the above stated Common Council on the premises for ten (10) business days. Section 103-6 H. Communication and wish to supply your Honorable Body (5) states that application submitted to the preservation with the following information. The problems with the board be considered within thirty (30) days from which they continuing change of ownership on properties that have had are received. The resolution enacted upon by your their values inflated has been an on going problem. As the Honorable Body is suggesting a fifteen- (15) day waiting staff of the Department of Permit and Inspection Services period be enacted before a permit is issued to an applicant. attempts to prosecute owners of dilapidated properties, it This should be included in Section 106-6 H. (5) so as not to has been a common practice to sell or give properties to conflict with the time frame already addressed. Your organizations or other owners that have no means to Honorable body suggests applicants' post a "Notice .of Intent improve the properties. Some of these owners will not or are to Demolish" sign on the structure to be demolished. The not able to bring these properties in compliance with the suggested seven- (7) day time frame should be included in section 103-6 (H) 1. So as not to conflict with the existing application for a Used Car Dealer License located at 595 ten- (10) day time frame. When a demolition Permit is issued Tonawanda St and find that as to form is correct. I have the phrase "Future land Use" it is included for assessment caused an investigation into the premises for which said purposes. This phrasing usually indicates that the lot will become vacant. If an applicant states a reuse for application purposes, we have to be assured that conformance with application for a used car dealer license is being sought and zoning issues and special overlay districts are complied with. according to the attached reports from the Zoning Office, It is my sincere hope that this response satisfies your inquiry. Fire Department and Building Inspections, I find it complies REFERRED TO THE COMMITTEE ON LEGISLATION AND with all regulations and other applicable laws. I have caused THE CORPORATION COUNSEL an investigation by the Police Department into the moral NO. 42 character of Mak Mansouri. The attached thereto for Mac RESTAURANT DANCE CLASS I & II 153 DELAWARE Mansouri d/b/a Cars 4 U. This request is submitted for your (ELLICOTT) approval or whatever action you deem appropriate. Pursuant to Chapter 150 of the City of Buffalo Ordinances, Mr. Coppola moved please be advised that I have examined the attached That the above communication from the Commissioner of application for a Restaurant Dance Class I & II License Permit and Inspections Services dated October 13, 2004, be located at 153 Delaware and find that as to form is correct. I received and filed; and have caused an investigation into the premises for which That pursuant to Chapter 254 of the City Code, the said application for a Restaurant Dance Class I & 1I license Commissioner of Permit and Inspections Services be, and is being sought and according to the attached reports from he hereby is authorized to grant a Used Car Dealer license the Zoning Office, Fire Department and Building Inspections, to Mac Mansouri d/b/a Cars 4 U, located at 595 Tonawanda I find it complies with all regulations and other applicable Street. laws. I have caused an investigation by the Police PASSED Department into the moral character of William Paladino. AYES - 8 NOES - 0 The attached thereto for William Paladino d/b/a Cobalt. This request is submitted for your approval or whatever action NO. 46 you deem appropriate. A. THOMPSON-OPPOSE OPENING DELI STORE AT 107 REFERRED TO THE COMMITTEE ON LEGISLATION WAKEFIELD AVENUE ITEM NO. 59. C.C.P. 10/5/2004: NO. 43 I am in receipt of the above stated Common Council SCRAP PROCESSOR Communication and wish to supply your Honorable Body 41 HANNAH (LOVEJOY) with the following information. 107 Wakefield was Pursuant to Chapter 254 of the City of Buffalo Ordinances, constructed as a store and one family dwelling under please be advised that I have examined the attached building permit number 42321 which was issued on June 11, application for a Scrap Processor Dealer License located at 1914. There are various alteration permits on file for 41 Hannah and find that as to form is correct. I have caused changes to this structure but the use of the store has not an investigation into the premises for which said application been changed. The zoning district where this structure is for a Scrap Processor Dealer License is being sought and located is a R2 Zoning district. This property is designated according to the attached reports from the Zoning Office, as a non-conforming use. A check of the records of the Fire Department and Building Inspections, I find it complies Department of Permit and Inspection Services shows this with all regulations and other applicable laws. I have caused property did not have a valid license from March 26, 2004 to an investigation by the Police Department into the moral October 7, 2004. This time frame does not exceed one year character of Dennis Skinner. The attached thereto for Dennis and according to our records the non-conforming use is Skinner d/b/a Hannah Recycling. This request is submitted legal. It is my sincere hope that this response satisfies your for your approval or whatever action you deem appropriate. inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 FROM THE COMMISSIONER OF ADMINISTRATION AND WHOLESALE JUNK DEALER FINANCE 41 HANNAH (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 47 please be advised that I have examined the attached PUBLIC SAFETY DISPATCHERS application for a Wholesale Junk Dealer License located at RES #115 C.C.P. OCTOBER 19, 2004 41 Hannah and find that as to form is correct. I have caused As you are aware the City's approved four-year plan calls an investigation into the premises for which said application for merging Police and Fire dispatch with Erie County. I will for a Wholesale Junk Dealer License is being sought and leave it to Police and Fire to address the operational benefits according to the attached reports from the Zoning Office, of such a merger. From a financial standpoint, the initiative Fire Department and Building Inspections, I find it complies was designed to save dispatcher' salaries and benefits and with all regulations and other applicable laws. I have caused to avoid future expenses associated with upgrading the an investigation by the Police Department into the moral City's Police and Fire CAD systems. Such upgrades would character of Dennis Skinner. The attached thereto for Dennis cost several million dollars with the potential cost possibly Skinner d/b/a Hannah Recycling. This request is submitted reaching to the tens of millions. for your approval or whatever action you deem appropriate. Unfortunately, this initiative has hit some roadblocks. The REFERRED TO THE COMMITTEE ON LEGISLATION first, and perhaps most significant, roadblock is that the initiative was not approved for funding from the Federal NO. 45 government under the UASI application. Since UASI funds USED CAR DEALER are not available for this initiative, Erie County would have to 595 TONAWANDA ST. (NORTH) identify other funds in order to pursue this initiative. Pursuant to Chapter 254 of the City of Buffalo Ordinances, However, even if the County identified the necessary funds please be advised that I have examined the attached Permit and Inspection Services- Patrick Sole Jr from an unrestricted source, the City would still have to negotiate this agreement with the affected bargaining units. This brings us to the second roadblock. The control board RECEIVED AND FILED. imposed wage freeze has made union negotiations NO. 52 problematic. It has become more difficult to get union REPORTS OF ATTENDANCE agreement on this and other initiatives in light of the wage I transmit herewith communications received by me, from freeze. I would recommend that you contact Human the various boards, commissions, agencies and authorities Resources for an update on union negotiations related to reporting the membership attendance at their respective this item. meetings: REFERRED TO THE COMMITTEE ON BUDGET X Buffalo Sewer Authority City Planning Board Civil Service Commission RECEIVED AND FILED. NO. 48 PERMISSION TO ACCEPT DONATION OF BASE LAYER NO. 53 GARMENTS FOR NOTICES OF APPOINTMENTS - COUNCIL INTERNS BUFFALO CROSSING GUARDS I transmit herewith appointments to the position of Council The Division of Purchase requests permission to accept a Intern. donation from Duofold for base layer clothing (high tech long Mr. Coppola moved the approval of the appointments to the underwear) for the Buffalo Crossing Guards to keep them position of Council Intern. warm during the 2004-2005 winter season. In return for the ADOPTED. donation, Duofold would like to issue a press release to raise CERTIFICATE OF APPOINTMENT awareness for the donation. Appointment Effective: October 20, 2004 in the If approved, Duofold will Department of Common Council to the Position of Intern V, Supply base layer products to the Buffalo Crossing Guards - Seasonal - Non-Competitive at the Flat Approximately 185 upper and lower undergarments ( Starting Salary of $8.00/hr Duofolds Insulayer Naritherm Brand) Anne Zielinski, 76 Crystal, Buffalo, NY 14220 Issue a press release that the Duofold brand will be CERTIFICATE OF APPOINTMENT "sponsoring" the Buffalo Crossing Guard teams for the 2004- Appointment Effective: October 20, 2004 in the 2005 winter season. Department of Common Council to the Position of Intern II, Reach out to local and national media outlets to generate Seasonal - Non-Competitive at the Flat awareness for the sponsorship donation and the great efforts Starting Salary of $5.15/hr of the Buffalo Crossing Guard teams. Angelica R. Green, 275 Lathrop St, Buffalo, Ny 14211 Mr. Coppola moved CERTIFICATE OF APPOINTMENT That the above communication from the Commissioner of Appointment Effective: October 18, 2004 in the Administration & Finance dated October 29, 2004 be Department of Common Council to the Position of Intern VI received and filed; and Seasonal - Non-Competitive at the Flat That the Director of Purchase be, and she hereby is Starting Salary of $10.00 /hr authorized on behalf of the Buffalo Crossing Guards to Linda Chwalinski, 15 Duluth Ave. Buffalo, NY 14216 accept from Duofold base layer clothing (high tech long NO. 54 underwear) for the 2004-2005 winter season. APPOINTMENTS - TEMPORARY, PROVISIONAL OR PASSED PERMANENT AYES - 8 NOES - 0 I transmit herewith Appointments in the various FROM THE COMMISSIONER OF COMMUNITY SERVICES departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). NO. 49 REFERRED TO THE COMMITI'EE ON CIVIL SERVICE. FIRST QUARTERLY REPORT ON THE CERTIFICATE OF APPOINTMENT DIVISION OF SUBSTANCE ABUSE SERVICES Appointment Effective: October 23, 2004 in the Attached, please find the First Quarterly Report 2004-2005 Department of Public Works, Parks & Streets, Division of on the Division of Substance Abuse Services Buildings to the Position of Senior First Class Stationary REFERRED TO THE COMMITTEE ON FINANCE Engineer, Temporary Appointment at the: Flat Starting Salary of: $10.25/hr FROM THE CITY CLERK Michael A. McCool, 53 Oakhurst Avenue, Buffalo 14220 CERTIFICATE OF APPOINTMENT NO. 50 Appointment Effective: October 20, 2004 LIQUOR LICENSE APPLICATIONS in the Department of Public Works, Parks & Streets Attached hereto are communications from persons Division of Buildings to the Position of Senior First Class applying for liquor licenses from the Erie County Alcohol Stationary Engineer Beverage Control Board. Temporary Appointment at the Flat Starting Salary of: Address Business Name Owner's Name $10.25/hr 393 Ellicott St Buffalo Icon St. Buffalo Icon Inc Andrew Krawchuk, 427 Forest Avenue, Buffalo 14213 RECEIVED AND FILED Kevin G. McCarthy, 130 Ramona Avenue, Buffalo 14220 William R. Young, 374 McKinley Parkway, Buffalo 14220 NO. 51 Dennis E. Schollard, 39 Shenandoah Road, Buffalo, NY LEAVES OF ABSENCE WITHOUT PAY 14220 I transmit herewith notifications received by me, reporting CERTIFICATE OF APPOINTMENT the granting of the leaves of absence without pay, in the Appointment Effective: October 19, 2004 various departments as listed: in the Department of Public Works, Parks & Streets Police-Tracie L. Reid, Deidre Carswell, Sandra Brown, Division of Buildings to the Position of Senior First Class Sandra Clark Stationary Engineer Fire- William Renaldo Earl J. Mekelburg,1186 Seneca Street, Buffalo 14210 questions. Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON LEGISLATION Edward D. Standish III, 117 Imson Street, Buffalo 14210 Richard Veroba, 24 Lester Street, Buffalo 14210 NO. 56 CERTIFICATE OF APPOINTMENT LPCIMINELLI-BOARD PACKET DOCUMENTS Appointment Effective: October 25, 2004 MEMORANDUM in the Department of Public Works, Parks & Streets Attached are the following documents from the October 4, Division of Buildings to the Position of Senior First Class 2004 Joint Schools Construction Board Meeting. Stationary Engineer Draft Agenda Victor A. Burgio, 39 Hecla St, Buffalo, Ny 14216 Meeting Minutes from JSCB Meeting dated September 7, John Wormer, 4 Rebecca Park, Buffalo, Ny 142072004 CERTIFICATE OF APPOINTMENT August 2004 Census Report Appointment Effective: October 26, 2004 Application and Certificate for Payment No. 26 -September in the Department of Public Works, Parks & Streets 2004 Division of Buildings to the Position of Senior First Class Bevlar & Associates Inc. Construction Contract Monitoring Stationary Engineer and Compliance Services Monthly Report for Addendum 1 Victor Orlando, 91 Hartwell Road, Buffalo, NY 14216 Project - August 2004 CERTIFICATE OF APPOINTMENT RECEIVED AND FILED Appointment Effective: October 25, 2004 in the Department of: Police NO. 57 to the Position of: Temporary Crossing Guard, temporary ELMWOOD VILLAGE non competitive at the flat starting salary of $7.09/hr COMMERCIAL DISTRICT DESIGN GUIDELINES Irene Evans, 25 Parkridge Ave, Buffalo, NY 14216 FINAL REPORT DECEMBER 2000 CERTIFICATE OF APPOINTMENT Sponsored by: Forever Elmwood Funded by: New York This office has filed a Certificate of Appointment for John V. State Council on the Arts Prepared by: Flynn Battaglia Heffron, an Assistant Corporation Counsel 1I on September Architects, PC 30, 2004. The Certificate reads Permanent but should read Attached available for review in The City Clerk’s Office Temporary and remain effective September 30, 2004. REFERRED TO THE COMMITTEE ON LEGISLATION, THE I am sorry for the inconvenience. CITY PLANNING BOARD AND THE CORPORATION COUNSEL NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 58 NON-OFFICIAL COMMUNICATIONS B. DAVIS DEMOLITION OF FRANKLIN/PEARL PARKING RAMP NO. 55 187-197 FRANKLIN STREET WILLIAM W. BERRY BUFFALO, NEW YORK 14202 HUMAN SERVICES' SITING ORDINANCE AMENDMENTS Dear Commissioner McGurn: PROPOSED BY THE INCLUSION TASK FORCE SECTION At its meeting on October 7, 2004, the Buffalo 511-136 OF THE CODE OF THE CITY OF BUFFALO Preservation Board unanimously recommended that the REFERENCES: #53 C.C.P. NOVEMBER 25,2003; #59 structure captioned above not be demolished. C.L;.P.-" DECEMBER 23, 2003; #21 C.C.P. JANUARY 6, The Franklin/Pearl Parking Ramp, located at 187-197 2004; #39 C.C.P. FEBRUARY 3, 2004; #41 C.C.P. Franklin Street is not located within an historic district nor is FEBRUARY 17, 2004; #S 82, 83, 84 & 85 C.C.P. MARCH it a locally designated landmark; therefore, the Preservation 30, 2004 Board can only issue a non-binding recommendation. Dear Councilmember Fontana: If you have any questions or concerns, you may contact Earlier this year, Nancy Blaschak, Executive Director of the Thomas W. Marchese, Executive Secretary, at 851-5029. Greater Buffalo Chapter of the American Red Cross, and I REFERRED TO THE COMMITTEE ON LEGISLATION, spoke to the Legislation Committee in support of AND THE COMMISSIONER OF PUBLIC WORKS amendments to Section 511-136 designed to reduce unintended but nevertheless pervasive discrimination NO. 59 against the disabled perpetuated by the current Ordinance. B. DAVIS Our original proposed amendments are filed at #53 C.C.P. FLOATING DOCK PLATFORMS BEING INSTALLED IN November 25, 2003. FRONT OF GULL LANDING CONDOMINIUM Prior to that Committee meeting, Scott Gehl, Executive Dear Mr. Giambra, Director of Housing Opportunities Made Equal, and I had The residents of Gull LandIing were recently surprised to find written to you in support of those amendments. See, letter that four large floating dock platform with space for eighty dated January 17, 2004, filed at #39 C.C.P. February 3, boats were being installed in front of our building. These 2004. additional docks extend out over 180 feet in length closer to At the Legislation Committee meeting, you requested that our building than the current docks that join them. Each dock the Inclusion Task Force draft a proposed ordinance which is over 80 feet in width. Not a single resident at Gull would "meld" the current ordinance with the replacement • Landing or our board of directors was aware of this project, ordinance we had proposed. You directed us to convey that These additional docks will have a major impact on our life completed proposal to the Council for further consideration. and property at Gull "landing including increased noise, That proposal, with explanatory comments, is enclosed, debris, parking and movement through the canal. We would together with a copy of the current ordinance and our original request that all construction cease immediately until a proposal. meeting can be arranged between yourself and our board to We would very much appreciate an opportunity to sit down review the situation, We look Ibrward to hearing from you with you to discuss the proposed legislation. I will call you in shortly. the very near future to set up a meeting. Sincerely, Thank you for your kind consideration of these momentous REFERRED TO THE COMMITTEE ON LEGISLATION, BRANDON SERVICES AND THE COMMISSIONER OF enclosed) with the Erie County Clerk's office on October 15, PUBLIC WORKS 2004 in Book 11084 of Deeds at Page 5496. A copy of the NO. 60 filing receipt is also enclosed. R. FONTANA-INFO Copy to Mr. Keith Kane and David R. Pfalzgraf, Jr. Esq. AUXILIARY FIRE CORPS. REFERRED TO THE COMMITTEE ON LEGISLATION Dear Councilman Fontana, I am sorry for the delay in returning an answer to the council, NO. 62 but it has been a difficult period of time to be able to convene G. ONORATI-INCREASES IN EXPENSES TAXICABS everyone necessary to prepare an appropriate response. Dear Council Committee Members: First, let me tell you that the three ranking Officers of the Enclosed are statistical documents which we have compiled Auxiliary Fire Corps: Sanford Beckman, Chief, Richard based on available local and federal government sources, Sikora, Deputy Chief and Gerald Sikora Captain, met to which demonstrate the drastic increases in industry and non- prepare the following information. We are the officers industry related expenses over the past decade. These responsible for making decisions for the Corps. No one else materials support our request for a reasonable increase in addressing the committee has the authority to represent the taximeter rates. Fire Corps. ITA Airport Taxi is prepared to work with the Committee in The Auxiliaries have been in existence in the City of Buffalo reaching a fair and equitable rate increase, which will help all assisting the Buffalo Fire Department since 1950. It was the workers in the taxi industry and maintain a sufficient originally set up as part of the Erie County Civil Defense. In number of taxicabs to adequately service the City of Buffalo. 1986, It was brought under the control of the BFD by former Gianfranco Onorati Mayor James Griffin. REFERRED TO THE COMMITTEE ON LEGISLATION In all the years that the Corps has been in existence, we have never been known to turn down any request asked to NO. 63 perform. Any information you may have received contrary to INFO CHARTER SCHOOLS that is simply not true. We have provided Commissioner Board will set up panel to study divisive issue D'Orasio with complete reports of the THOUSANDS of man Opponents of the moratorium said it is unfair to groups that hours that the Corps has provided in the past. I am sure the are preparing charter school applications but cannot have Commissioner can provide you with copies if you request them completed by Jan. 1. them. Buffalo's heated battle over charter schools took a dramatic When we met with the Fire Commissioner we expressed our turn Wednesday night when the Board of Education desire to continue service by doing what we have been approved a one-year moratorium on district-sponsored doing all the past years. That includes responding to greater charters and established a task force to study the issue. alarm fires, pumping basements, flooded streets and The 5-4 margin was assured when Central District board viaducts; Public Relations for the city at parades, block clubs member Janique Curry voted in favor of the resolution to etc. responding to storm emergencies by helping at impose a moratorium beginning Jan. 1. emergency operations centers and providing 4 wheel vehicle They said charters will instead be granted by the state Board escorts to hospitals and pharmacies. We only made one of Regents or the State University of New York, leaving condition. We wanted to have an agreement with the Fire Buffalo with no say over their operations or finances. Union to make sure that our members would not have to "The only way this board can control those two factors is by endure any threats of verbal or physical abuse .To date, that granting the charters themselves," said Jack Coyle, the Park Ameeting has not taken place. Instead, we were told that we District board member. "It (the moratorium) is like driving are out of service until further notice. down the street, taking your hand off the wheel and hoping The Fire Corps has the nucleus to provide the City of Buffalo the car goes where it's supposed to go." with a group of volunteers to provide assistance whenever An effort to establish a three-year moratorium failed last an emergency situation arises. At a time when Volunteers month when Curry abstained, and the resulting 4-4 vote left are at a premium, it seems that we should be trying to find the original motion one vote short of approval. ways to use this valuable resource of people instead of I think we need time to look at the situation," Curry said after trying to disband them. We are certain that there exists Wednesday's meeting. '1 read everything and I study opportunities in today's world situation that demands a everything. I don't see anything wrong with us researching volunteer response. what we have in place." The members of the Corps have always supported the Catherine Collins, an at-large board member who sponsored members of the Fire Department in any way we could. We the one-year moratorium, said the task force -which will be stopped responding to emergencies when job cuts were named later - should take a close look at Indiana, where threatened, backed away from training or going into fire charter schools are funded by the state• houses to show that support. We always tried to make sure The Buffalo schools have already transferred more than that the Corps could not be used to replace any Firefighters. $50 million to charter schools and expect to pay another We would like to meet with you at your earliest convenience $38.5 million this school year. to discuss how the Fire Corps can best be of service to the Collins said $3 million of that money is going to out-of-town city. Too many members of the Corps have too many years management firms that provide services for local charter invested to give up now. You can contact me at my office or schools. my residence. At-large board member Christopher Jacobs, who also voted REFERRED TO THE COMMITTEE ON LEGISLATION against the moratorium, said the best approach is to study the issue but "not close the door right now to charters." NO. 61 Aspire Charter School and Bison Academy Charter School, P. MORROW- which were recently approved by the board, will not be REZONING 500 CARLTON STREET (ITEM 140, CCP affected by the moratorium. Greater Buffalo Academy SEPTEMBER 7, 2004 Charter School, which is seeking board approval, has until Pursuant to the City of Buffalo ordinances and the provisions Jan. 1 to accomplish that. of the above referenced resolution, I hereby certify that I filed In addition to Curry, the moratorium was supported by a copy of such resolution (a copy of which is herewith Collins, Hernandez, Betty Jean Grant and Vivian Evans. Buffalo Teachers Federation President Philip Rumore, a about the problems at Great Arrow & Elmwood using the harsh critic of the state's charter school funding formula, light trip system? called the moratorium "a fair compromise." He urged the Neighborhood is not convinced that is location will work. regents and SUNY to follow suit by refusing to approve any REFERRED TO THE COMMITTEE ON COMMUNITY more charter schools in Buffalo. "We need, somehow, some DEVELOPMENT way, to get control of how we charter hese schools," said Ralph Hernandez, the West District board member, who PETITIONS sponsored the initial proposal for a three-year moratorium. This material is copyrighted and is for your exclusive NO. 65 personal use only. Republication or other use of this material P. GERVISS, AGENT, USE 32 HERTEL AVE FOR FREESTANDING SIGNS (HRG 11/9) without the express written consent of The Buffalo News is REFERRED TO THE COMMITTEE ON LEGISLATION, THE prohibited. CITY PLANNING BOARDAND THE CORPORATION The Buffalo News can be contacted at 716-8494444 or by COUNSEL REFERRED TO THE COMMITTEE ON EDUCATION AND NO. 66 THE BOARD OF EDUCUCATION L. MCFARLAND, AGENT USE 2028 NIAGARA ST TO AUTO REPAIR AND USED CAR SALES(NORTH) (HRG NO. 64 11/9) -CONCERNS WITH THE SWAPPING OF PROPERTV FOR REFERRED TO THE COMMITTEE ON LEGISLATION, THE THE POTENTIAL NEW FIREHOUSE CITY PLANNING BOARDAND THE CORPORATION OCTOBER 19, 2004 COUNSEL I would like to express the extreme disappointment that is felt by the community and the Black Rock Good Neighbors NO. 67 Planning Alliance (BBRGNPA) that we were not asked to PETITION participate in the planning process of the consolidation of RE: FOX STREET BETWEEN BROADWAY AND Engine 36 and Ladder 12. This is a major issue which affects SYCAMORE our community. The BRRGNPA has approximately 150 We the people of the Ellicott District hereby encourage the members, with 60 active members which is a good our City Officials to recognize the following person: representation of the cross population in Black Beck and Henry Sevillian for his outstanding commitment to the City of Riverside. Our focus is long term and short term planning. Buffalo in the field of Track and Field. ". The BBRGNPA is not opposed to the consolidation of the REFERRED TO THE COMMITTEE ON LEGISLATION firehouses, we are opposed to any location which is on the east side of Elmwood Avenue. REGULAR COMMITTEES • Questions regarding the swapping of property. CIVIL SERVICE 860 Hertel Avenue (currently owned by Benderson) (BONNIE E. RUSSELL, CHAIRPERSON) $61,800 current assessed value 575 Delaware Ave (currently owned by BURA) $174,000 NO. 68 current assessed value BUDGET/PETS AMENDMENT-FIRE/MAYOR (CCP# 175, $112,200 difference in favor of Benderson but there is a 10 SEPT 7, 2004) year That the above item be and the same hereby is Received easement which will be given to the City of Buffalo and Filed ADOPTED 10 years life of easement NO. 69 11,220 value per year BUDGET/PERS AMENDMENT-MAYOR(HOMELAND - 1-2.2 months per year SECURITY $ 935 per month the easement is valued at based on (CCP# 176, SEPT 7, 2004) property value + 1.000 loss of monthly income which BURA That the above item be and the same hereby is Received currently receives. $1,950 total monthly value the City would and Filed loose if the exchange were to be made. ADOPTED * The City owns a very under utilized lot at 641 Hertel NO. 70 Avenue. APPT SUPERVISING - Assessed value is $23,500. AECOUNTANT(TEMP)(INTER)(COMPT) - Built for businesses on Hertel Avenue - all dosed with the (C.C.P # 12, OCT 12, 2004) exception That the temporary appointment of Louis Biondi at the third era small law practice. Parking in front of business is always step be the same and is approved. available. PASSED - Next to District D police station -create a safety complex AYES – 8 OES - 0 - If you were to travel 22 mph from this lot to Engine 36 you make the trip in 30 seconds or less, without signals. It's a very viable location. FINANCE Biggest concern is traffic on the comer of Elmwood and (BRIAN C. DAVIS, CHAIRMAN) Hertel. specifically coming out of the firehouse as proposed at 860 Hertel Avenue. NO. 71 Location will affect response time, and seconds count when AUDITED FIN STATEMENT/OTHER FIN INFO-COB responding. ENTERPRISE FUND-DUNN TIRE PARK(COMPT) The City should do whatever it takes to obtain the best (CCP# 26, SEPT 7, 2004) possible location for this firehouse. That the above item be and the same hereby is Received Giving up $1,000 a month in rent. and Filed Why were the fire fighters of Engine 36 not asked about the ADOPTED traffic problems at Eimwood and Hertel? As well as asked NO. 72 That the above item be, and the same hereby is returned to B. DAVIS -A. SANFILIPPO-REMAINING DEBT MAIN the Common Council without recommendation. PLACE RAMP Mr. Davis moved that the above item be recommitted to the (CCP# 51, JULY 6, 2004) Committee on Finance That the above item be and the same hereby is Received ADOPTED and Filed ADOPTED (Richard A. Fontana, Chairman) NO. 73 PROP SALE OF MAIN PLACE MALL RAMP(COMPT) NO. 80 D. Mika, Petition to use 115 Ash Street - Ground Sign ADOPTED. (Item No. 48, C.C.P., Oct. 19, 2004) (CCP# 28, SEPT 7, 2004) That the above item be, and the same hereby is, returned That the above item be and the same hereby is Received to the Common Council without recommendation. and Filed Mr. Fontana Moved: ADOPTED That the petition of D. Mika, agent, for permission to use 115 Ash Street for a ground sign 4' high, 6' wide, 6' overall height NO. 74 be, and hereby is approved. B. DAVIS-POL REQ DET USE OF DRUG ASSET FORF PASSED FUNDS-COPS SAT PRG AYES - 8 - NOES - 0 (CCP# 48, JUNE 8, 2004) That the above item be and the same hereby is Received NO. 81 and Filed D. Mika, Petition to use 2141 Delaware Avenue - Ground ADOPTED Sign (Item No. 49, C.C.P., Oct. 19, 2004) NO. 75 That the above item be, and the same hereby is, J. N. ADAM DEVELOPMENT CENTER, PERRYSBURG, returned to the Common Council without recommendation. NEW YORK (LAW) Mr. Coppola Moved: (ITEM NO. 26, C.C.P., OCT. 5, 2004) That the petition of D. Mika, agent, for permission to use That the above item be, and the same hereby is, returned 2141 Delaware Avenue for a ground sign 10' x 5' x 10' to the Common Council without recommendation. overall height be, and hereby is approved. Mr. Davis moved that the above item be recommitted to the Passed. Committee on Finance AYES - 8- NOES - 0 NO. 76 RESULTS OF NEGOTIATIONS - 336 EMSLIE, 592 & 596 NO. 82 WILLIAM Establish Harriet Tubman Holiday in the City of Buffalo (Item No. 21 I, C.C.P., Mar. 20, 2001) That the above item be, and the same hereby is, (ITEM NO. 14, C.C.P., MAR. 30, 2004) (ITEM NO. 121, returned to the Common Council without recommendation. C.C.P., OCT. 5, 2004) Mr. Fontana moved that the above item be recommitted to That the above item be, and the same hereby is returned the Committee on Legislation to the Common Council without recommendation. Mr. Davis moved that the above item be denied No. 83 ADOPTED Used Car Dealer - 206-212 Leslie (Item No. 27, C.C.P., Oct. 19, 2004) NO. 77 That the above item be, and the same hereby is MONTHLY REPORT DIVISION OF CIT SERV SEPT returned to the Common Council without recommendation. 2004(M/EXEC) ADOPTED (CCP# 2 OCT 19, 2004 Mr. Davis moved Mr. Fontana Moved: That the above item be the same and hereby is received and That pursuant to Chapter 254 of the City Code, the filed Commissioner of Permit & Inspection Services be, and he ADOPTED hereby is authorized to grant a Used Car Dealer License to Martin Neurevther d/b/a Crash Automotive & Collision NO. 78 Service located at 206-212 Leslie. RENEW LEASE-NORTHWEST BUFFALO COMMUNITY PASSED CENTER INC AYES - 8 - NOES - 0 MUNCHKINLAND DAY CARE CENTER-902-904 TONAWANDA ST NO. 84 ITEM NO 7 CCP OCT 19, 2004 S. Day, Petition to use 44 Allen Street - Outdoor Patio That the above item be and the same hereby is (Item No. 66, C.C.P., Oct. 5, 2004) returned to the Common Council without recommendation. That the above item be, and the same hereby is, returned Mr. Davis moved to the Common Council without recommendation. That the above item be the same and hereby is received and Mr. Fontana moved that the above item be recommitted to filed the Committee on Legislation ADOPTED ADOPTED No. 79 NO. 85 382 Maryland – Demolition Exploring Alt Forms of Govt for COB (Item No. 51, CCP Mar. 2, 2004) (ccp# 147, Apr 13, 2004) (Item No. 64, CCP Oct. 19, 2004) That the above item be and the same hereby is Received and Filed ADOPTED ADOPTED NO.92 NO. 86 Demolition Policy for the City of Buffalo Calling Upon the State to Pass Legislation Allowing for a (Item No. 123, C.C.P., Oct. 5, 2004) City/County Merger That the Common Council requests that the Department of (Item No. 110, C.C.P., July 6, 2004) Permits and Inspection Services establish a policy that: That the above item be, and the same hereby is returned to 1. Once an application for demolition is completed, there the Common Council without recommendation. is a fifteen (15) day waiting period before the actual Mr. Fontana moved that the above item be recommitted to permit is issued to applicant, the Committee on Legislation 2. Requires demolition applicants to post a “Notice of Intent to Demolish” on the building for a period not less No. 87 than seven (7) days, Mandatory Purchasing of Energy Star Compliant 3. A RE-USE plan for the site must be submitted at the Equipment for City of Buffalo time the application is made; (Item No. 199, C.C.P., July 20, 2004) That such a policy is not in contrast or contradiction, and is That the above item be, and the same hereby is returned to not meant to substitute current policies regarding the Common Council without recommendation. preservation districts and historically protected structures. Mr. Fontana Moved: PASSED That all City departments and agencies are hereby required AYES - 8 - NOES – 0 to include a clause in all specifications and purchase orders requiring the purchase of products bearing the Energy Star NO. 93 label as awarded the Energy Star by the U.S. Environmental Demolition Policy for The City of Buffalo(CPBD) Protection Agency and the U.S. Department of Energy; and (ccp# 1, Oct 19, 2004) If it is necessary to purchase a Non-Energy Star rated That the above item be and the same hereby is Received product, the respective department or agency shall report and Filed the reasons for, to include a comparison of the initial and ADOPTED operating cost differential during the useful life of the Energy Star rated and non-rated products; and NO. 94 That this item be sent to the Law Department to prepare an Ordinance Amendment - Chapter 78 - Animals (Seizure) Ordinance Amendment. (Item No. 118, C.C.P., Oct. 19, 2004) That after the public hearing before the Committee on Adopted. Legislation on October 26, 2004, the Ordinance Amendment ADOPTED as contained in Item No. 118, C.C.P., October 19, 2004, be and the same hereby is approved. NO. 88 AYES - 8 - NOES - 0 Energy Star Compliant Equipment(Law) (ccp# 77, Sept 7, 2004) NO. 95 That the above item be and the same hereby is Received Ordinance Amendment - Chapter 78 - Animals and Filed (Ownership) ADOPTED (Item No. 119, C.C.P., Oct. 19, 2004) That after the public hearing before the Committee on NO. 89 Legislation on October 26, 2004, the Ordinance Amendment Assessment Rebate on Home Improvements (Item No. as contained in Item No. 119, C.C.P., October 19, 2004, be 150, C.C.P., Sept. 7, 2004) and the same hereby is approved. That the City of Buffalo Law Department prepare and PASSED amended to the City of Buffalo's real property tax code to include a rebate on the additional assessed value due to PASSED home improvements; and AYES - 8 - NOES - 0 That the rebate only apply to improvements in excess of three thousand dollars ($3,000.00); and NO. 96 That the full value of the improvement is added to the real Ordinance Amendment - Chapter 78 - Animals property tax after a period of five (5) years; and (Summons) That the value of the assessment be added incrementally as (Item No. 120, C.C.P., Oct. 19, 2004) outlined under Real Property Tax Law §421-f. That after the public hearing before the Committee on PASSED Legislation on October 26, 2004, the Ordinance Amendment AYES - 8 - NOES - 0 as contained in Item No. 120, C.C.P., October 19, 2004: be and the same hereby is approved NO. 90 Passed Publication Boxes on City ROW(Law) AYES - 8 - NOES - 0 (ccp# 80, Sept 7, 2004) That the above item be and the same hereby is Received NO. 97 and Filed Ordinance Amendment - Chapter 78 - Animals ADOPTED (Hearings) (Item No. 121, C.C.P., Oct. 19, 2004) NO. 91 That after the public hearing before the Committee on Req Nat Fuel-Halt Install-Outside Meters-COB Legislation on October 26, 2004, the Ordinance Amendment (ccp# 171, Sept 7, 2004) as contained in Item No. 121, C.C.P., October 19, 2004, be That the above item be and the same hereby is Received and the same hereby is approved. and Filed PASSED AYES - 8 - NOES - 0 TRANSFER OF 575 DELAWARE AVENUE (ITEM NO. 125, NO. 98 C.C.P., OCT. 5, 2004) (ITEM NO. 102, C.C.P., OCT. 19, Ordinance Amendment - Article 13, Department of Police 2004) (Item No. 122, C.C.P., Oct. 19, 2004) That the above item be, and the same hereby is returned That the above item be, and the same hereby is, returned to to the Common Council without recommendation the Common Council without recommendation. Mr. Coppola moved Mr. Fontana moved that the above item be recommitted to That the Mayor, the Chairman, Vice-Chairman, or any officer the Committee on Legislation of the Buffalo Urban Renewal Agency is hereby authorized ADOPTED to execute and all deeds necessary to effectuate the transfer of 575 Delaware Avenue to Benderson Development, Inc. NO. 99 and/or other legal entity to be formed in accordance with the Support for Buffalo Special Police Volunteers (Police) terms of said transfer and exchange for the consideration (Item No. 21 C.C.P., Oct.5,2004) recited therein. That the above item be, and the same hereby is, returned to PASSED the Common Council without recommendation. AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, Mr. Fontana moved that the above item be recommitted to RUSSELL, THOMPSON – 6 NOES – GOLOMBEK, the Committee on Legislation GRIFFIN – 2 NO. 100 NO. 106 Buffalo Special Police Volunteers (Law) TRANSFER OF 860 HERTEL AVENUE (ITEM NO. 8, (Item No. 96, C.C.P., Oct. 5, 2004) C.C.P., SEPT. 21, 2004) (ITEM NO. 103, C.C.P., OCT. 19, That the above item be, and the same hereby is, returned to 2004) the Common Council without recommendation. That the above item be, and the same hereby is returned to Mr. Fontana moved that the above item be recommitted to the Common Council without recommendation the Committee on Legislation That the above item be received and filed. ADOPTED ADOPTED NO. 101 NO. 107 P. Paul Natl Fuel Resp-Halt Install-Outside Meters in TRANSFER OF 575 DELAWARE AVENUE (STRAT. COB PLAN.) (ITEM NO. 3, C.C.P., OCT. 5, 2004) (ITEM NO. 104, (ccp# 55, Oct 5, 2004) C.C.P., OCT. 19, 2004) That the above item be and the same hereby is Received That the above item be, and the same hereby is returned and Filed to the Common Council without recommendation. , ADOPTED Mr. Coppola moved: That the Mayor, the Chairman, Vice-Chairman, or any officer NO. 102 of the Buffalo Urban Renewal Agency is hereby authorized Req. Trailblazer Signs - Woodlawn Avenue - "Pastor to execute and all deeds necessary to effectuate the transfer lacqueline A. Foye" of 575 Delaware Avenue to Benderson Development, Inc, (Item No. 142, C.C.P., Oct. 5, 2004) and/or other legal entity to be formed in accordance with the That the above item be, and the same hereby is, returned to terms of said transfer and exchange for the consideration the Common Council without recommendation. recited therein. Mr. Fontana moved that the above item be recommitted to As amended striking (10) year public parking easement at the Committee on Legislation 575 Delaware Avenue to now read as (20)year parking ADOPTED easement at 575 Delaware Ave PASSED AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, NO. 103 RUSSELL, THOMPSON – 6 NOES – GOLOMBEK, J. GOLOMBEK-FIRE IMPLEMENTATION TASK FORCE-GRIFFIN – 2 MMA REPORT (CCP# 43, OCT 19, 2004) That the above item be and the same hereby is Received and Filed NO. 108 ADOPTED JAMES R. HECK- DONATE 21 B STREET (ITEM NO. 45, C.C.P., OCT. 19, 2004) NO. 104 That the above item be, and the same hereby is returned to CHAIRMAN the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to REQUEST TO DISSOLVE THE WATER BOARD (ITEM the Committee on Community Development. NO. 136, C.C.P., OCT. 19, 2004) ADOPTED That the above item be, and the same hereby is, returned to the Common Council without recommendation. SPECIAL COMMITTEES Mr. Fontana moved that the above item be recommitted to BUDGET COMMITTEE the Committee on Legislation (DOMINIC J. BONIFACIO JR., CHAIRMAN) ADOPTED NO. 109 R. LOTEMPIO-BFLO FISCAL STABILITY AUTH -REV OF COMMUNITY DEVELOPMENT 4 YR FIN PLAN (JOSEPH GOLOMBEK JR., CHAIRMAN) (CCP# 72, SEPT 30) NO. 105 ADOPTED Whereas Article 2, Section 202 of the Eminent Domain Procedure Law requires the Condemnor to set a public That the above item be and the same hereby is Received hearing to inform the public and to review the public benefit and Filed to be served by the proposed project and the impact on the ADOPTED environment and residents. Now, Therefore, Be It Resolved: NO. 110 That the City Clerk is hereby directed to publish the notice M. COPPOLA-A. SANFILIPPO-CONCEMS-CITY'S LONG attached hereto and Marked Notice of Hearing, in the Buffalo TERM DEBT POSITION UNDER BFSA'S PLAN th News, no later than November 8, 2004 regarding the (CCP# 50, JULY 6) condemnation of 1720 Fillmore and 82 Buell - Fillmore and That the above item be and the same hereby is Received Buell Fire Station Project. Said notice to be published for five ADOPTED (5) consecutive days; and Be It Further Resolved: and Filed That the Common Council will conduct a Public Hearing on ADOPTED the matter stated in said Notice of Hearing at 2:00 P.M. in ~ the Common Council Chambers on the 30of November NO. 111 2004. NEED CAP FUNDS EMERG DEMOS IN COB BUFFALO COMMON COUNCIL NOTICE OF PUBLIC (CCP# 108, SEPT 2) HEARING That the above item be and the same hereby is referred to Pursuant to the provision of the Eminent Domain Procedure the Committee on Community Development Law, the Common Council will hold a public hearing at its ADOPTED th, meeting of November 302004 at 2:P.M. in the Council NO. 112 Chambers on the following: Condemnation of 1720 DOG & ANIMAL CONTROL & PROTECTION REFORMS Fillmore and 82 Buell - Fillmore and Buell Fire Station ST (#108,3/2)(EXC 1RES) Project (CCP# 85, JUNE 8) Members of the general public are invited to speak and give That the above item be and the same hereby is Received their comments. and Filed NO. 117 ADOPTED BY: MR. COPPOLA BOND RESOLUTION NO. 113 EXPANSION/RECONSTRUCTION ENGINE 34 INFO RESULTS DOG ENFORCEMENT PHASE I (CC) ACCOUNT 3000-210 (CCP# 33, OCT 19) Bond Resolution of the City of Buffalo, New York, authorizing That the above item be and the same hereby is Received the issuance of $500,000 General Improvement Bonds of and Filed ADOPTED said City, in addition to the $1,000,000 bonds previously NO. 114 authorized, to finance the cost of partial reconstruction of ENFORCEMENT OF ILLEGAL DUMPING and construction of an addition to the existing Engine 34 Fire ORDINANCES(POL) Station located at 2833 Main Street, at the total estimated (CCP# 32, SEPT 21) maximum cost of $1,500,000. That the above item be and the same hereby is Received The Common Council of the City of Buffalo, in the County of and Filed Erie, New York, hereby resolves (by the favorable vote of not NO. 115 less than two-thirds of all the members of said Common FORTH QUARTERLY REPORT ON DIV OF SUB ABUSE Council) as follows: SERVICES(A&F) Section 1. The Comptroller of the City of Buffalo, in the (CCP# 35, SEPT 21) County of Erie, New York, is hereby authorized and directed That the above item be and the same hereby is Received to issue General Improvement Bonds of said City in the and Filed principal amount of Five Hundred Thousand Dollars ADOPTED ($500,000), pursuant to the provisions of the Charter of said RESOLUTIONS City and the Local Finance Law, constituting Chapter 33-a of NO. 116 the Consolidated Laws of the State of New York (the "Law"), BY COUNCILMEMBER MARC COPPOLA in addition to the $1,000,000 bonds previously authorized by ACQUISITION OF LAND FILLMORE AND BUELL FIRE Bond Resolution Item No. 148 duly adopted by the Common STATION; Council on March 30, 2004 to finance the cost of the partial Whereas: The Common Council authorized the Office of reconstruction of and construction of an addition to the Strategic Planning to negotiate for the acquisition of 1720 existing Engine 34 Fire Station located at 2833 Main Street. Fillmore Avenue and 82 Buell Street for the construction of a The total estimated maximum cost of said specific object or new Fire Station; and Whereas: Whereas: The City of purpose for which the bonds authorized by this resolution Buffalo has title to all required parcels except 1720 Fillmore are to be issued, including preliminary costs and costs and 82 Buell; and incidental thereto and the financing thereof, is $1,500,000 as Whereas: Real Estate Appraisals have been completed and set forth in the duly adopted 2004 Capital Improvements offers sent to the owners of these abandoned properties; Budget of said City, as amended.. and Section 2. The proceeds of the sale of the bonds authorized Whereas Title searches obtained by the City of Buffalo by this resolution, or any bond anticipation notes issued in indicate that there are liens against these properties that anticipation of the sale of said bonds shall be deposited in exceed their current Fair Market Value; and the Capital Projects Fund to the credit of the Department of Whereas The Corporation Counsel has advised that it Public Works, Division of Buildings, appears necessary to acquire the properties through "Expansion/Reconstruction Engine 34, 2004", Bond Eminent Domain to clear title, so the project can move Authorization Account No. 3000-210, and shall be used for forward; and REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT the specific object or purpose specified in Section 1 of this Council) as follows: resolution Section 1. The Comptroller of the City of Buffalo, in the .Section 3. The City intends to finance, on an interim basis, County of Erie, New York, is hereby authorized and directed the costs or a portion of the costs of said object or purpose to issue General Improvement Bonds of said City in the for which bonds are herein authorized, which costs are principal amount of Two Million Two Hundred Thousand reasonably expected to be incurred by the City, pursuant to Dollars ($3,123,000), pursuant to the provisions of the this Bond Resolution, in the maximum amount of $500,000. Charter of said City and the Local Finance Law, constituting This Resolution is a declaration of Official Intent adopted Chapter 33-a of the Consolidated Laws of the State of New pursuant to the requirements of Treasury Regulation Section York (the "Law"), to finance the cost of the acquisition of the 1.150-2. 1.32 acres of land located at 860 Hertel Avenue and Section 4. The following additional matters are hereby construction on such site of a new fire station. The estimated determined and stated: total cost of said specific object or purpose for which the (a) The existing building to be partially reconstructed is of bonds authorized by this resolution are to be issued, Class "B" construction as defined by Section 11.00 a. 11. (b) including preliminary costs and costs incidental thereto and of the Law, and the period of probable usefulness applicable the financing thereof, is $3,123,000 as set forth in the duly to the specific object or purpose for which the bonds adopted 2004 Capital Improvements Budget of said City, as authorized by this resolution are to be issued, within the amended. limitations of Section 11.00 a.12.(a)(2) of the Local Finance Section 2. The proceeds of the sale of the bonds authorized Law, is fifteen (15) years. by this resolution, or any bond anticipation notes issued in (b) Current funds are not required by the Law to be provided anticipation of the sale of said bonds shall be deposited in as a down payment prior to the issuance of the bonds the Capital Projects Fund to the credit of the Department of authorized by this resolution or any bond anticipation notes Public Works, Division of Buildings, "New Fire Station- issued in anticipation thereof in accordance with Section EImwood & Hertel, 2004, Bond Authorization Account No. 107.00 d. 9, of the Law. 3000-210, and shall be used for the specific object or Section 5. Each of the bonds authorized by this resolution purpose specified in Section 1 of this resolution and any bond anticipation notes issued in anticipation of the .Section 3. The City intends to finance, on an interim basis, sale of said bonds and the renewals of said notes shall the costs or a portion of the costs of said object or purpose contain the recital of validity prescribed by Section 52,00 of for which bonds are herein authorized, which costs are the Local Finance Law. Said bonds and said notes shall be reasonably expected to he incurred by the City, pursuant to general obligations of the City of Buffalo payable as to both this Bond Resolution, in the maximum amount of principal and interest by a general tax upon all the taxable $3,123,000. This Resolution is a declaration of Official Intent real property within said City without limitation as to rant or adopted pursuant to the requirements of Treasury amount. The faith and credit of said City are hereby Regulation Section 1.150-2. irrevocably pledged for the punctual payment of the principal Section 4. The following additional matters are hereby of and interest on said bonds and said notes. Provision shall determined and stated: be made annually by appropriation by said City for the (a) The building to be constructed is of at least Class "B" payment of interest on and for the amounts required for the construction, as defined by Section 11.00 a. 11 (b) of the amortization and redemption of said bonds and said notes. Law and the period of probable usefulness applicable to the Section 6. The validity of the bonds authorized by this specific object or purpose which the bonds authorized by this resolution or any bond anticipation notes issued in resolution are to be issued is twenty-five (25) years. anticipation of the sale of said bonds may be contested only (b) Current funds are not required by the Law to be provided if: as a down payment prior to the issuance of the bends (a) Such obligations are authorized for an object or authorized by this resolution or any bond anticipation notes purpose for which the City of Buffalo is issued in anticipation thereof in accordance with Section not authorized to expend money, or 107.00 d. 9. of the Law. (b) The provisions of law which should be complied Section 5. Each of the bonds authorized by this resolution with at the date of the publication of this and any bond anticipation notes issued in anticipation of the resolution are not substantially complied with, sale of said bonds and the renewals of said notes shall and an action, suit or proceeding contesting such validity, is contain the recital of validity prescribed by Section 52.00 of commenced within twenty days after the date of such the Local Finance Law. Said bonds and said notas shall be publication, general obligations of the City of Buffalo payable as to both or principal and interest by a general tax upon all the taxable (c) Such obligations are authorized in violation of the real property within said City without limitation as to rata or provisions of the constitution. amount. The faith and credit of said City are hereby Introduced: irrevocably pledged for the punctual payment of the principal LAID ON THE TABLE of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the NO. 118 payment of interest on and for the amounts required for the BY: MR. COPPOLA amortization and redemption of said bonds and said notes. BOND RESOLUTION Section 6. The validity of the bonds authorized by this NEW FIRE STATION-ELMWOOD & HERTEL resolution or any bond anticipation notes issued in ACCOUNT 3000-210 anticipation of the sale of said bonds may be contested only Bond Resolution of the City of Buffalo, New York,, if: authorizing the issuance of $3,123,000 General (a) Such obligations are authorized for an object or Improvement Bonds of said City to finance the cost of land purpose for which the City of Buffalo is acquisition and construction at 860 Hertel Avenue of a new not authorized to expend money, or fire station, at the estimated maximum cost of $3,123,000. (b) The provisions of law which should be complied The Common Council of the City of Buffalo, in the County of with at the date of the publication of this Erie, New York, hereby resolves (by the favorable vote of not resolution are not substantially complied with, less than two-thirds of all the members of said Common and an action, suit or proceeding contesting such validity, is LAID ON THE TABLE commenced within twenty days after the date of such sale of said bonds and the renewals of said notes shall publication, contain the recital of validity prescribed by Section 52.00 of or the Local Finance Law. Said bonds and said notes shall be (c) Such obligations are authorized in violation of the general obligations of the City of Buffalo payable as to both provisions of the constitution. principal and interest by a general tax upon all the taxable AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, real property within said City without limitation as to rate or RUSSELL, THOMPSON – 6 NOES – GOLOMBEK, amount. The faith and credit of said City are hereby GRIFFIN – 2 irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall NO. 119 be made annually by appropriation by said City for the BY: MR. COPPOLA payment of interest on and for the amounts required for the BOND RESOLUTION amortization and redemption of said bonds and said notes. NEW FIRE STATION DELAVAN & FILLMORE Section 6. The validity of the bonds authorized by this ACCOUNT 3000-210 resolution or any bond anticipation notes issued in Bond Resolution of the City of Buffalo, New York,, anticipation of the sale of said bonds may be contested only authorizing the issuance of $2,583,000 General if: Improvement Bonds of said City to finance the cost of land (a) Such obligations are authorized for an object or acquisition and construction at 1716, 1720, 1722 & 1726 purpose for which the City of Buffalo is Fillmore and 78, 82 & 84 Buell of a new fire station, at the not authorized to expend money, or estimated maximum cost of $2,583,000. (b) The provisions of law which should be complied The Common Council of the City of Buffalo, in the County of with at the date of the publication of this Erie, New York, hereby resolves (by the favorable vote of not resolution are not substantially complied with, less than two-thirds of all the members of said Common and an action, suit or proceeding contesting such validity, is Council) as follows: commenced within twenty days after the date of such Section 1. The Comptroller of the City of Buffalo, in the publication, County of Erie, New York, is hereby authorized and directed or to issue General Improvement Bonds of said City in the (c) Such obligations are authorized in violation of the principal amount of Two Million Two Hundred Thousand provisions of the constitution. Dollars ($2,583,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting NO. 120 Chapter 33-a of the Consolidated Laws of the State of New BY MR. COPPOLA York (the "Law"), to finance the cost of the acquisition of the CO SPONSORS MR BONIFACIO, MR. GOLOMBEK, MR. 0.62 acres of land located at 1716, 1720, 1722 & 1726 GRIFFIN, MR. THOMPSON, MR. FRANCZYK Fillmore and 78, 82 & 84 Buell and construction on such site ENCOURAGING THE U.S. SENATE TO PASS of a new fire station. The estimated total cost of said specific LEGISLATION SUPPORTING THE IMPORTATION OF object or purpose for which the bonds authorized by this PRESCRIPTION DRUGS resolution are to be issued, including preliminary costs and Whereas In July of 2003 the House of Representatives costs incidental thereto and the financing thereof, is passed the Pharmaceutical Market Access Act of 2003; and $2,583,1300 as set forth in the duly adopted 2004 Capital Whereas In passing the Pharmaceutical Market Act of 2003 Improvements Budget of said City, as amended,. sponsored by Gil Gutknecht (R-MN), Congress made the Section 2. The proceeds of the sale of the bonds authorized following findings: by this resolution, or any bond anticipation notes issued in Whereas anticipation of the sale of said bonds shall be deposited in • Americans unjustly pay up to 1000 percent more to fill their the Capital Projects Fund to the credit of the Department of prescriptions than consumers in other countries. Public Works, Division of Buildings, "New Fire Station-• The United States is the world's largest market for Delavan & Fillmore, 2004, Bond Authorization Account No. pharmaceuticals yet consumers still pay the world's 3000-210, and shall be used for the specific object or highest prices. purpose specified in Section 1 of this resolution. • An unaffordable drug is neither safe nor effective. Allowing .Section 3. The City intends to finance, on an interim basis, and structuring the importation of prescription drugs the costs or a portion of the costs of said object or purpose ensures access to affordable drugs, thus providing a for which bonds are herein authorized, which costs are level of safety to American consumers they do not reasonably expected to be incurred by the City, pursuant to currently enjoy. this Bond Resolution, in the maximum amount of • According to the Congressional Budget Office, American $2,583,0G0. This Resolution is a declaration of Official Intent seniors alone will spend $1.8 trillion dollars on adopted pursuant to the requirements of Treasury pharmaceuticals over the next ten years. Regulation Section 1.150-2. • Allowing open pharmaceutical markets could save Section 4. The following additional matters are hereby American consumersat determined and stated: least $635 billion of their own money each year. (a) The building to be constructed is of at least Class "B" Whereas The purpose of the Pharmaceutical Market Act of construction, as defined by Section 11.00 a.l l(b) of the Law 2003 is to give all Americans immediate relief from the and the period of probable usefulness applicable to the outrageously high cost of pharmaceuticals by allowing for specific object or purpose which the bonds authorized by this the importation of drugs only if the drugs and the facilities resolution are to be issued is twenty-five (25) years. where they are manufactured are approved by the Food and (b) Current funds are not required by the Law to be provided Drug Administration; and as a down payment prior to the issuance of the bonds Whereas Millions of Americans are already buying authorized by this resolution or any bond anticipation notes prescription from other countries. We need to legalize this issued in anticipation thereof in accordance with Section and make sure that a system is in place to guarantee safety; 107.00 d. 9. of the Law. and Section 5. Each of the bonds authorized by this resolution Whereas A bipartisan companion bill S. 2328 has been and any bond anticipation notes issued in anticipation of the introduced in the United States Senate by Senators Byron Introduced LAID ON THE TABLE Dorgan (D-ND) and Olympia Snowe (R-ME); and REQUEST FOR MONTHLY BUDGET REPORT Whereas The American Association of Retired Persons Whereas One of the priorities established in the Common (AARP), supports the passage of S.2328; and Council's 2004-2005 Fiscal Year Action Plan was for the Now, Therefore be it Resolved: Council to receive monthly budget reports; and That the Common Council supports allowing the importation Whereas A monthly budget report will allow the Council to of prescription drugs to make such drugs more affordable for monitor budget activity more closely and provide everyone. Departments an opportunity to correct situations leading to Be it Further Resolved: potential deficits; and That the City Clerk forward certified copies of this resolution Whereas The Council believes that it would be a tremendous to Senators Chuck Schumer, Hillary Clinton Senator Byron benefit to receive a monthly report showing the top ten Dorgan of North Dakota, SenatorOlympia Snowe of Maine underperforming City revenue accounts excluding Federal, andCongressman Gil Gutknecht of New York State, Erie County, other and transfers in and the Minnesota top ten overspent City departmental appropriation lines ADOPTED excluding fringe benefits, general City charges and transfers NO. 121 out; MR. COPPOLA Now Therefore Be It Resolved: UPDATE ON CITY HEALTHCARE PLAN That a copy of this Resolution be forwarded to the Budget The City of Buffalo has contracted with a division and the City Comptroller for comment as to the Whereas feasibility of obtaining a monthly report showing the top ten consultant for the purposes of creating a "City of underperforming City revenue accounts and the top ten Buffalo" healthcare plan for City employees that can overspent appropriation lines as referenced herein. be bid out to interested parties; and Be it Finally Resolved: Whereas One of the goals in creating this plan is to That this item be referred to an appropriate Committee of the formulate a plan that is acceptable to employees and at the Council for further consideration• same time creates a competitive environment so that the REFERRED TO THE COMMITTEE ON BUDGET AND THE City can achieve the best result with respect to the cost and COMMISSIONER OF ADMINISTRATION AND FINANCE the policy; and NO. 124 Whereas If the city is to be prepared to go to bid for the BY: MR. DAVIS 2005-2006 budget year, there must be sufficient updates as TRANSFER OF FUNDS to where the consultants are in the process, as well as RESERVE FOR PLANNING CAPITAL PROJECTS where the administration is in negotiating with the City's CAPITAL PROJECTS various collective bargaining units. That pursuant to §20-12 of the Charter and the Certificate of Now therefore be it resolved that: the Mayor and the Comptroller submitted to the Common That the Commissioner of Human Resources file with this Council, the sum of $305,000 be and the same is hereby Common Council a report detailing what the findings have transferred from Planning for Capital Projects account and been thus far and what, if any recommendations have been said sum is hereby reappropriated as set forth below: made; and From: Be it further resolved that: 30000106 - 445100 Planning for Capital Projects $305,000 Included in the report, the Commissioner discusses any To. contact with the affected collective bargaining units and/or 37320406-445100 Firehouse Design $125,000 their consultants; and 32346806-445100 NYSDERA Energy Be it further resolved that: Performance Contract $30,000 The report be filed no later than Wednesday, November 10, 37310606-445100 Cazenovia Slope Walls Design $75,000 2004; and 31655806-445100 Continuing GIS Development $75,000 Be it finally resolved that: $305,000 This resolution be referred to the Council's Special PASSED Committee on AYES - 8 NOES - 0 Budget for further discussion. STNDRDTH ADOPT 1, 2 AND 3 RESOLVE THE 4 RESOLVE NO. 125 REFERRED TO THE COMMITTEE ON BUDGET BY: MR. FONTANA & MR. GRIFFIN CITY OF BUFFALO NO. 122 LOCAL LAW NO. -- (2004) INTRODUCTORYNO. 14 (2004) BY: MR. COPPOLA A LOCAL LAW EXCUSE COUNCILMEMBER DAVIS FROM COUNCIL amending Article thirteen of the Charter of the City of Buffalo MEETING in relation to the Buffalo Special Police Officers. Whereas: Councilmember Brian C. Davis is unable to attend BE IT ENACTED BY THE COMMON COUNCIL OF THE the November 3, 2004 Council meeting due to a conflicting CITY OF BUFFALO AS FOLLOWS: scheduled Section 1. That Section 13-20, Buffalo Special Police engagement; Officers, of the Charter of the City of Buffalo be amended to Now Therefore Be It Resolved That: read as follows: The Common Council approves the excuse of 1. The Commissioner of Police, on application of any Councilmember person or corporation showing the necessity therefore may appoint Buffalo Special Police Officers to do special duties required by the applicant, without any compensation from Brian C. Davis from attendance at the November 3, 2004, the City of Buffalo. provided that the person to be annotated Common Council Meeting. submits proof 0f the following ADOPTED U.S. citizen 21 years of age or older: b) A physical and mental health examination acceptable to NO. 123 and approved by the commissioner of police: SPONSOR: MR. COPPOLA c) Complete training to discharge his/her duties, specifving his/her knowledge, experience and ability to handle firearms Matter in brackets to be deleted, matter underlined is new. as required by New York State law. and trainln8 as provided REFERRED TO THE COMMITTEE ON LEGISLATION by the 120 hour basic Peace Officer Course with Firearms. Acceptable to and approved by the commissioner of police: NO. 126 d) A current roger listing all Buffalo Special Police Officers. BY: FRANEZYK including the name. current address and phone number. The ENCOURAGE SUPPORT FOR THE UNITED WAY Buffalo Special Police shall be responsible for providing any COMMUNITY CARE FUND updated information regarding its members within five (5) The United Way of Buffalo and Erie County has assisted this business days of any changes to the commissioner of police. community for more than 85 years, since 1917, through the e)All Buffalo Special Police Officer applicants must obtain a generous support of thousands of individuals, corporations, criminal background check prior to commencing any training unions, foundations and providers to "furnish the tools for membership. A Buffalo needed to build and maintain a strong community"; and Special Police Officer cannot :have been arrested or The United Way, which has a vision of a caring community convicted of a misdemeanor felony offense. If any Buffalo with the highest quality of life in America", has a proud Special Police Officer is arrested and/or history as a volunteer-led, community-based organization, convicted of any crime, the commissioner of police may partnering with organized labor and other groups, and is a remove that member from the current roster, and relieve that catalyst and participant in identifying and resolving City of individual of any duties or authority as outlined in this Buffalo's health and human services challenges; and chapter. When people choose to contribute to the United Way f) The Buffalo Special Police shall provide a list of the tour of Community Care Fund, their donations combined with others duty for each officer, including but not limited to, the location are invested in programs serving priority needs in the most and general district covered by that officer, and the general efficient and effective way. United Way investments and working hours assigned to that officer. programs are reviewed and tracked to make certain they are g) Provide proof of an insurance policy in the amount of at achieving the highest measurable outcomes; and least $1,500,000, with a maximum per claim amount of United Way Community Care provides outcome-based $100,000, holding the city of Buffalo, and any agents of the program funding through more than 75 agencies including city of Buffalo, harmless of any liability incurred to any the Boys and Girls Clubs, the American Red Cross, individual, corporation or any other entity, due to the actions Coordinated Care, Child and Family Services, Literacy or in actions taken by the Buffalo Special Police or any Volunteers and the Erie County Council for the Prevention of Buffalo Special Police Officers while performing their duties Alcohol and Substance Abuse. In addition, there are more as outlined by this chapter. than 200 programs for youth, senior citizens and families 2. The duties of the Buffalo Special Police shall be limited which address daily basic needs including food and shelter; to the following functions as approved by the commissioner and of police: Community collaborations with other leaders, including the a) Walk the beat, observe and report in the assigned areas Domestic Violence Coalition, Neighborhood Leaders Project, as described in §l(e) of this section, of any criminal or Success by 6 (an early childhood preparedness program), suspicious activity to the Buffalo Police Department; Work in Schools and 211 Information Referral (24 hour b) Under no circumstances shall the Buffalo Special Police connection to important human services and volunteer attempt to perform the duties of a Buffalo Police Officer, opportunities), are all major projects coordinated and impersonate a Buffalo Police Officer, or interfere with a conducted by the United Way of Buffalo and Erie County; Buffalo Police Officer performing his/her duties and/or and conducting an investigation pursuant to his/her duties as a The United Way provides "non-cash community resources" Buffalo Police Officer. such as the Day of Caring (a community impact event c) Buffalo Special Police Officers shall have no additional involving 6,000 volunteers) and the Holiday Partnerships arrest powers beyond that of an ordinary citizen, and do not (brightens the holidays of families via in-kind donations). have any powers reserved and/or performed exclusively by Other community programs include the Not-For-Profit the Buffalo Police Department. Resource Center and the United Way Volunteer Center. d) Buffalo Special Police uniforms, including but not limited Now, Therefore Be It Resolved That: to shirts, pants, badges, coats, and hats, shall clearly This Common Council of the City of Buffalo pauses in its indicate the Buffalo Special Police name and insignia, and deliberations to acknowledge, commend and thank the must be approved by the commissioner of police. United Way of Buffalo and Erie County, its President, Arlene e) Buffalo Special Police vehicles shall clearly indicate the F. Kaukus, its Board of Directors and all of its staff and Buffalo Special Police name and insignia, and must be volunteers for the many years of tireless service to the approved by the commissioner of police. residents and agencies in the City of Buffalo; and 3. Any Buffalo Special Police Officer who attempts to Be It Further Resolved That: impersonate a Buffalo Police Officer, or is found to have The Buffalo Common Council encourages all City of Buffalo impersonated a Buffalo Police Officer shall be charged residents to support the mission and objectives of the United criminally for such actions and unauthorized behavior, and Way of Buffalo and Erie County: "Do more good in a single shall be immediately and permanently removed from the bound! Give to Community Care Buffalo Special Police. ADOPTED 4. The Buffalo Special Police Officers may be removed by the commissioner at any time at his/her pleasure and during his/her term of service. NO. 127 Section 2. Insofar as the provisions of this Local Law are BY: MR. GOLOMBEK inconsistent with the provisions of any other local law or act, DISCHARGE THE COMMITTEE ON COMMUNITY the provisions of this local law shall be controlling. DEVELOPMENT - ITEM 126 - CCP - MAY 27, Section 3. This local law shall take effect immediately upon 2003 - "EXPANSION OF THE LIGHT RAIL filing in the office of the Secretary of State as provided by TRANSIT" Section 27 of the Municipal Home Rule Law. ITEM 126 - CCP - MAY 27, 2003 – APPROVED AS TO FORM Whereas: This "EXPANSION OF THE LIGHT RAIL TRANSIT MR. THOMPSON, MR. COPPOLA project IS PRESENTLY BEFORE THE COMMITTEE LIVING WAGE COMMISSION involves an ON COMMUNITY DEVELOPMENT; AND Whereas On July 25, 2003 the Council established the international Whereas It is no longer necessary for this item Living Wage Commission to comply with the Living Wage border to be considered by that committee; Law previously passed by the Council; and crossing, as Now, Therefore, Be It Resolved That: Whereas Unfortunately 15 months later in the words of the such it is more This Common Council does hereby discharge Commission it has been "extraordinarily difficult to acquire than just a the Committee on Community Development complete information relating to contracts in the City of neighborhood from further consideration of Item 126 -CCP - Buffalo."; and or district May 27, 2003 - "Expansion of the Light Rail Whereas The Commission has also stated in a recent memo issue. The Transit", and said item is now before the that "Members of the Commission, as well as interns working elected Common Council for its consideration. for the Commission, have frequently been beset by a lack of representative ADOPT DISCHARGE responsiveness by City Commissioners and other officials in s of each level ADOPT city administration."; and of government Whereas The Commission despite verbal agreement from must take Whereas: A NO. 128 the administration for nearly a year now, has not been able every measure private BY: MR. GOLOMBEK to schedule a compliance workshop for department heads necessary to organization PROPOSED PRIVATE BRIDGE AT which would be helpful in obtaining increased compliance guarantee their has INTERNATIONAL RAIL BRIDGE SITE with the Living Wage Law; and level of announced its The Black Rock/Riverside Good Neighbor Whereas The City Charter requires in Article 7 Section 4 government intention to Planning Alliance has held meetings regarding Duties and Powers of Comptroller, that the Comptroller will act build an the bridge. In those meetings questions arose receive, preserve and keep on file in the comptroller's office responsibly in international Whereas: concerning the process of building the bridge; all contracts, undertakings and vouchers; and protecting the bridge across and Whereas It is apparent with the difficulties encountered by community the Niagara Whereas: Various issues that need to be the Living Wage Commission, that all contracts are not kept and its River; and addressed include but are not limited to: on file in the Comptroller's office; and residents. The What is the regulatory role of each level of Now Therefore Be It Resolved: importance of government (City, County, State, Federal) for That this Council supports the efforts of the Living Wage government's this project? Commission and that it is incumbent upon the administration role in Which agencies at each level of government will to cooperate with the Commission as expeditiously as ensuring the have to grant approval for the bridge? what are possible, and that a copy of this resolution be forwarded to protection of the City of Buffalo Zoning issues for this the Mayor requesting a response to the concerns expressed the citizemy project? in the Living Wage Commission's Memo dated 10/20/04; and cannot be How much of Squaw Island is designated as Be it Further Resolved: overstated. Parkland? That a copy of this resolution be forwarded to the Law As parkland is Squaw Island protected from having a bridge Department and the City Comptroller for comment regarding cross over head? compliance with the requirements established in the City As parkland is Squaw Island protected from having bridge Charter pursuant to Article 7 Section 4; and footers placed on the parkland? Be It Finally Resolved: Can the community block the NY State Legislature from That this item be referred to an appropriate Committee of the giving up parkland to this private organization? Council for further consideration. How will the NY State Office of Historic Preservation protect ADOPT Ist and 2nd RESOLVE THE an original section of the Erie Canal that is located within the 3rd REFERRED TO THE COHMITTEE ON LEGISLATION proposed foot print of the bridge? What is the historical significance of Squaw Island and if so NO. 130 can it be protected? MR. GOLOMBEK Does the International Rail Bridge have any protections via 10 YEARS, 41 COUNTS OF NEGLECT, 18 COURT the NY State Office of Historic Preservation? And ADJOURNMENTS, 6 Now Therefore Be It Resolved: POSTPONED TRIALS, 1 DEMOLISHED BUILDING & $0 That the Common Council of the City of Buffalo requests FINES PAID TO THE CITY from the City of Buffalo Law Department a report detailing Whereas The above lists the history of 736 Main Street, the agencies from each level of government that will have which was demolished earlier this year; and input on the private international bridge project and their Whereas: People who neglect their properties should be held specific role as it relates to the project. The report should be accountable for their actions; and filed with the City Clerk's office, no later than 2:00 PM Whereas The City spent a great deal of time and effort Thursday November 11, 2004; and addressing the problems at 736 Main Street over the past Be It Further Resolved: ten years; and That this Common Council directs the office of the City Clerk Whereas Given the time invested and the number of to send certified copies of this resolution to the entire violations cited, for the city to recommend that all violations delegation of Local, County, State and Federal elected be dismissed appears to be inappropriate; and officials representing Erie County for a response. Now Therefore Be It Resolved: Be It Finally Resolved: That the Council would like an explanation from the That this item be referred to the appropriate Council Administration as to the reasons why the administration Committee for further discussion. recommended to Housing Court Judge Henry J. Nowak that rd ADOPT 1st AND 2nd RESOLVE THE 3 TO THE all code violations be dismissed. COMMITTEE ON Be It Further Resolved: COMMUNITY DEVELOPMENT That this item be referred to an appropriate Committee of the Council for further consideration. NO. 129 ADOPT 1st RESOLVE THE 2nd TO THE COMMITTEE ON BY MR. GOLOMBEK COMMUNITY DEVELOPMENT be completed within the next six (6) months, and it is the NO. 131 hope of the Good Neighbor Planning Alliance and Forever SPONSOR MR. GOLOMBEK Elmwood that there be a six (6) month moratorium on CO SPONSOR MR. COPPOLA demolitions on Elmwood Avenue pending completion of the SHOULD PANO'S EXPANSION REQUIRE A RESTRICTED design guidelines; and USE PERMIT PRIOR TO DECIDING THE DEMOLITION Now Therefore Be It Resolved: PERMIT? That the Corporation Counsel research the legality of Whereas Some time ago the Common Council established implementing a temporary six (6) month moratorium on the Elmwood Avenue Business District in City Code Section demolitions on Elmwood Avenue. 511-56; and Now, Be It Finally Resolved: Whereas In creating the Elmwood Avenue Business District, That this resolution be forwarded to an appropriate the Council established eating and drinking places as a Committee of the Council for further consideration. restricted use; and Whereas Section 511-56 of the Code states that eating and NO. 133 drinking places may be established or extended only upon SPONSOR MR. GRIFFIN the issuance of a restricted use permit pursuant to 511-55 of RE: BUFFALO BROWNFIELD REDEVELOPMENT FUND the City Code; and Whereas It is in the best interest of the Buffalo Niagara Whereas Section 511-55 states that any person seeking to region to redevelop "brownfield" properties within the City of construct or remodel any building which will be devoted to a Buffalo, and to establish a mechanism for funding these restricted use must file an application for a restricted use to redevelopments costs; and be approved or denied by the Common Council; and Whereas Buffalo Urban Development Corporation ("BUDC") Whereas Pano's Restaurant has filed an application for a has requested to take a lead role in the remediation and demolition permit to demolish the structure located at 1089 redevelopment of an industrial/commercial park to be known Elmwood Avenue; and as the Buffalo Lakeside Commerce Park ("Park"), an Whereas At a recent Preservation Board hearing, the owner approximate 275 acre parcel of land located in South of Pano's presented a drawing of an expanded restaurant; Buffalo; and and Whereas BUDC has expended and/or committed $1,000.000 Whereas It does not make sense to consider the demolition of its own funds in connection with the acquisition, request separate from the plan to expand Pano's restaurant; remedialion, and other development costs of the Park and property; and Now Therefore Be It Resolved: Whereas BUDC does not expect to recover the full amount That the Law Department render an opinion as to whether of its investment, and as insufficient funds remain for the Pano's should be required to file an application for a development of the balance of the Park, BUDC has restricted use permit prior to a decision being made by requested the assistance of die Erie County Industrial Commissioner McGurn for a demolition permit. Development Agency ("ECIDA"), the County of Erie (the Be It Further Resolved: "County") and the City of Buffalo (the"City"). in establishing That this item be referred to an appropriate Committee of the the Buffalo Brownfields Redevelopment Fund ("Fund"), Council for further consideration. which would earmark a portion of the future payment in lieu nd ADOPT 1st RESOLVE THE 2 REFERRES TO THE of real estate tax revenue for eligible project costs; and COMMITTEE ON LEGISLATION The City, ECIDA and BUDC have entered into the "Buffalo Brownfield Redevelopment Fund Memorandum of NO. 132 Understanding ("MOW') (it is anticipated that the County of MR. GOLOMBEK Erie will execute the MOU shortly) outlining the Buffalo ADOPT ELMWOOD AVENUE DEMOLITION Lakeside Commerce Park Project and the establishment of ST 1 MORATORIUM the Fund; and RESOL Whereas Several years ago members of Forever WHEREAS, as set forth in the MOU, it is proposed that the VE THE Elmwood met with various City of Buffalo Fund is to be established by dedicating a portion of future REMAI officials to develop design guidelines for payments in lieu of real estate taxes ("PILOT(s)") to be paid NDER Elmwood Avenue; and by end users of the Park towards costs to be incurred in REFER Whereas Forever Elmwood submitted connection with subsequent phases of the Park (and, to the RED TO recommendations regarding the design extent of any surplus, towards costs to be incurred for similar THE guidelines for Elmwood Avenue, but no further projects to be located in the City); and COMMI decision has been made by the City of Buffalo Whereas The MOU contemplates that if an end user of Park TTEE regarding finalization of the plan; and property is required to make "as if owned" PILOT payments ON Whereas The Good Neighbor Planning Alliance (because such end user is eligible for New York State LEGISL is an organization working with the City of Empire Zone benefits), the City would receive the amount ATION Buffalo on various neighborhood planning that normally would be payable pursuant to ECIDA's issues, and is currently working on design guidelines for standard payment in lieu of tax policy, and if such end user neighborhoods in the City of Buffalo; and is required to make PILOT payments in accordance with Whereas Members of the Office of Strategic Planning are ECIDA's standard payment in lieu of tax policy, the City involved with the implementation of various design would receive 50% of such PILOT payments; and that the guidelines for neighborhoods in the City of Buffalo, and balance of the payments made by the end user of Park realize the initial recommendations made by Forever property (referred to in the MOU as the "Fund's Share") Elmwood may be incorporated into the recommendations would be dedicated to the Fund; and made by the Good Neighbor Planning Alliance regarding Whereas The MOU contemplates that the parties will enter Elmwood Avenue; and into one or more "Inter-Governmental Agreements" pursuant Whereas When the guidelines are fully implemented, there to which, among other things, the City and the County will will be a clear procedure for all Elmwood Avenue developers agree to the dedication of such future PILOTs, BUDC will to follow; and agree to develop and market the balance of the Park, and Whereas The design guidelines for Elmwood Avenue should Whereas ECIDA will agree to administer the Fund and enter into appropriate PILOT arrangements with end users of the DIRECTOR OF BUDGET, hereby certify that the above Park. change is necessary for the proper conduct, administration Now Therefore Be It Resolved: and performance of essential services of that department. That the Common Council approves the creation of the We recommend that the compensation for said position be Buffalo Brownfield Redevelopment Fund. fixed at the respective amount set forth in the foregoing Be It Further Resolved: ordinance. That BUDC and ECIDA will direct and administer the Fund. PUBLIC WORKS, PARKS & STREETS Be It Further Resolved : MICHAEL A. SEAMAN Section 1. The City is hereby authorized to enter into the DIRECTOR OF BUDGET Inter-Governmental Agreement called for in the MOU, to be APPROVED AS TO FORM known as die Buffalo Lakeside Commerce Park CORPORATION COUNSEL 10/21/2004 Development and PILOT Redistribution Agreement (the PASSED "Agreement"), which shall be consistent with the MOU, and AYES - 8 NOES - 0 pursuant to which (i) the City and the County will consent to the terms of PILOT agreements between ECIDA and any NO. 135 end user of Park property pursuant to which such end user BY: MS. RUSSELL will either make as-if-owned PILOT payments (if such end BUDGET AND PERSONNEL AMENDMENT 03 - user is eligible for New York State Empire Zone benefits), or EXECUTIVE DEPARTMENT 1509 - STRATEGIC standard ECIDA PILOT payments, (ii) the City and the PLANNING 1511 - ZONING County will direct and authorize such end users to make The Common Council of the City Of Buffalo does ordain as PILOT payments directly to EC1DA, and will confirm that follows: receipt of each PILOT payment by ECIDA shall constitute That part of Section 1 of Chapter 35 of the Code of the City receipt by the City or the County, as applicable, and (iii) the of Buffalo, relating to 03 - Executive Department, 1509 - City and the County shall direct ECIDA to remit the Fund's Strategic Planning, 15 - Zoning which currently reads: Sham of the PILOT payments made by end users of park from property to a dedicated fund for payment of costs incurred by 10311001 –411001 $15,690 BUDC (or on behalf of BUDC) in connection with ECIDA to subsequent phases of the Park and, after completion of the 10309001-411001 $15,690 Park, in connection with similar projects located within the 03-1511 ZONING City that are undertaken by BUDC, with the balance of such 1 Senior Stenographer $26,861-$30,114 PILOT payments to be remitted to the applicable tax 1 Senior Typist $ 26,590 - $ 29,673 jurisdictions. Such Agreement shall also impose restrictions IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the and limitations on BUDC's use of die Fund for eligible costs, Charter, that the immediate passage of the foregoing a commitment on the part of BUDC to complete and market ordinance is necessary. subsequent phases of the Park, and the agreement of We, TIMOTHY E. WANAMAKER., COORDINATOR OF EC1DA to enter into appropriate PILOT arrangements with STRATEGIC PLANNING AND MICHAEL A. SEAMAN end users of Park property. DIRECTOR OF BUDGET, hereby certify that the above Section 2. The Mayor is hereby authorized to execute the change is necessary for the proper conduct, administration Agreement and such other documentation and agreements and performance of essential services of that department. as may be necessary or appropriate to carry out the We recommend that the compensation for said position be purposes of these resolutions. fixed at the respective amount set forth in the foregoing Section 3. These resolutions shall take effect immediately. ordinance. Now, Be It Finally Resolved: REFERRED TO THE COMMITTEE ON COMMUNITY That this resolution be forwarded to an appropriate DEVELOPMENT Committee of the Council for further consideration. REFERRED TO THE COMMITTEE ON COMMUNITY NO. 136 DEVELOPMENT BY: MS. RUSSELL AND THE CORPORATION COUNSEL BUDGET AND PERSONNEL AMENDMENT PUBLIC WORKS, PARKS & STREETS 1191 - TRAFFIC NO. 134 ENGINEERING 1211 - REPAIR & CONTRUCTION OF BY: MS. RUSSELL STREETS 1220 - ADMINISTRATION 1230 - STREET BUDGET AND PERSONNEL AMENDMENT CLEANING & SNOW REMOVAL 50 - PUBLIC WORKS, PARKS & STREETS 1230 - STREET The Common Council of the City Of Buffalo does ordain as CLEANING & SNOW REMOVAL follows: The Common Council of the City Of Buffalo does ordain as That part of Section 1 of Chapter 35 of the Code of the City follows: of Buffalo, relating to Public Works, Parks & Streets, various That part of Section 1 of Chapter 35 of the Code of the City departments which currently reads: of Buffalo, relating to 50 - Public Works, Parks & Streets, 1191 - TRAFFIC ENGINEERING 1230 - Street Cleaning & Snow Removal which currently 13191001 -411001 Salaries $ 830,780.40 reads: 1 Traffic Signal Specialist Supervisor I $30,806-$35,381 5 Laborer II (Daily) $25,596 -$ 29,182 1211 Repair & Construction of streets 10 Laborer II $ 24,420 -$ 27,833 13111001 - 411001 Salaries $ 384,215.00 Is hereby amended to read: 1 Street Repair Supervisor I $ 30,072- $ 34,311 4 Laborer II (Daily) $ 25,596 -$ 29,182 7 Street Repair Worker $ 26,458 - $ 29,604 11 Laborer II $ 24,420 -$ 27,833 1220 - ADMINISTRATION IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the 15020001 - 411001 Salaries $90,150.00 Charter, that the immediate passage of the foregoing 1 Account Clerk Typist $26,271-$29,269 ordinance is necessary. 1230 - STREET CLEANING & SNOW REMOVAL We, JOSEPH N.GIAMBRA, COMMISSIONER OF PUBLIC 15030001 - 411001 Salaries $3,123,224.81 WORKS, PARKS & STREETS AND MICHAEL A. SEAMAN 25 Truck Driver Streets $ 27,646 - $ 30,793 Is hereby amended to read: bid. Street Repair Supervisor I 2 1191 - TRAFFIC Be It Further Resolved: $30,072 - $ 34,311 ENGINEERING That this item be referred to an appropriate Committee of the 13191001 -411001 Salaries $ Council for further consideration. ST 831,315.29 ADOPT 1 RESOLVE THE SECOND REFERRED TO THE 0 Traffic Signal Specialist Supervisor I $ 30,806- $ 35,381 COMMITTEE ON FINANCE 1 Superintendent of Traffic Signal Systems $ 35,031 - $ 40,823 NO. 138 1211 - REPAIR & CONTRUCTION OF STREETS BY. MR THOMPSON AND MR GRIFFIN 13111001-411001 Salaries REQUEST TO PLACE POLICE CAMERAS AT 24 Truck Driver Streets1220 - ADMINISTRATION $384,447.21 STRATEGIC LOCATIONS 15020001-411001 Salaries 103,185.23 6 Street Repair WorkerConsidering the rise in criminal activity, the Common Council $ 26,458 - $ 29,604 of Buffalo and the Buffalo Police Department must work Account Clerk Typistclosely to reduce crime and increase the feel of security in $ 26,271 - $ 29,269 neighborhoods throughout Buffalo, New York; and 1230 - STREET CLEANING & SNOW REMOVAL In addressing crime, many other cities throughout the United 15030001-411001Salaries $ 3,109,422.48 States have found that the placement of surveillance IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the cameras in high-crime, high activity areas has served to deter such activity and reduce crime; and Additionally, surveillance cameras can also be used to monitor, and in some ways, control activity in specified Charter, that the immediate passage of the foregoing commercial areas or to assist law enforcement in ordinance is necessary. prosecuting persons for illegal acts committed on tape; and We, JOSEPH N.GIAMBRA, COMMISSIONER OF PUBLIC The Buffalo Police Department could potentially utilize some WORKS, PARKS & STREETS AND MICHAEL A. SEAMAN Homeland Security funds or other policing grant funds to DIRECTOR OF BUDGET, hereby certify that the above purchase and place the cameras at strategic areas change is necessary for the proper conduct, administration throughout Buffalo, New York; and and performance of essential services of that department. The Buffalo Common Council will work with the Buffalo We recommend that the compensation for said position be Police Department and other agencies to generate a listing fixed at the respective amount set forth in the foregoing of locations where the surveillance cameras should be ordinance. placed; and PUBLIC WORKS, PARKS & STREETS Now Be It Therefore Resolved: APPROVED AS TO FORM This honorable body does hereby requests that the Buffalo CORPORATION COUNSEL 10/27/2004 Police Department organize a meeting with the Buffalo PASSED Common Council to discuss the placement of surveillance AYES - 8 NOES – 0 cameras in strategic areas in the City of Buffalo and to find ways to cover the costs of purchasing and placing the NO. 137 cameras. SPONSOR MRS. RUSSELL Be It Further Resolved That: UTILIZATION OF OUTSIDE COUNSEL BY THE LAW The Buffalo Common Council also requests that the Buffalo DEPARTMENT Police Department create a working group, comprised of Whereas The Charter provides that when necessary the representatives from the Buffalo Police Department, the corporation counsel shall have the power to designate the Department of Citizens Services, the Office of Strategic need for counsel outside of the law department to deal with Planning, Weed and Seed, the Board of Block Clubs, the conflicts of interest or special circumstances; and Buffalo Special Police, the Sheriff's Department, the District Whereas the Law Department has an appropriation line Attorney's Office, the Mayor's Office, and the Buffalo within the City budget titled Legal Services that is used for Economic Renaissance Center to meet, recommend, and purposes of hiring outside counsel to assist the Law present its finding back to the council within the next thirty Department; and (30) days. Whereas: The amount recently spent for Legal Services is as Be It Further Resolved That: follows: That certified copies of this resolution be forwarded to the 2001-2002 2002-2003 2003-2004 2004-2005 Buffalo Police Department, the Department of Citizens $247,850.41 (actual) Services, the Office of Strategic Planning, Weed and Seed, $384,781.71 (actual) the Board of Block Clubs, the Buffalo Special Police, the $370,552.72 (actual) Sheriff's Department, the District Attorney's Office, the $231,336.10 (budgeted); and Mayor's Office, and the Buffalo Economic Renaissance Whereas The expenditure of public funds should adhere to Center. specific policies and procedures that are in the best interests Be It Finally Resolved That: of the City and its taxpayers; and This resolution be referred to the Budget Committee for Now Therefore Be It Resolved: further consideration. That the Corporation Counsel submit a report to the Council ADOPT ist, 2nd AND 3rd RESOLVE THE 4th RESOLVE providing the following information: REFERRED TO THE COMMITTEE ON BUDGET • For the past four years, a listing of the attorneys/law firms NO. 139 that have been hired as legal counsel, the number of BY: ANTOINE M. THOMPSON cases assigned, the number of cases on-going, and the APPOINTMENTS COMMISSIONER OF DEEDS costs of these legal services; That the following persons are hereby appointed as • How is outside legal counsel selected and what Commissioner of Deeds for the term ending December 31, attorney/law firms are presently on retainer; 2004, conditional, upon the person so appointed certifying • Does the law department utilize minority hiring goals in under oath to their qualifications and filing same with the City their selection of outside counsel; Clerk: • Are contracts for outside counsel put out to competitive Patrick McCarathy Jr Jeanette Kiedrowski Total 2 ADOPTED NO. 140 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held th in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 9, 2004 at 9:30 o'clock A.M. Committee on Finance following Civil Service Committee on Legislation Tuesday, November 9, 2004 at 10:00 o'clock A.M. Tuesday, November 9, 2004 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, November 10, 2004 at 10:30 o'clock A.M. Special Committees MBEC Committee Monday, November 8, 2004 at 10:00 oclock AM in Room 1417 Committee on Legislation Public Hearing, November 8, 2004, at 5:30 Oclock PM in Room 1417 to Discuss City Manager (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 141 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mr. Golombek the Council adjourned at 3:30 pm GERALD A. CHWALINSKI CITY CLERK