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HomeMy WebLinkAbout04-0921 No. 17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO September 21 , 2004 CLAIMS COMMITTEE: James D. Griffin, Chairman, MAYOR Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Hon. Anthony M. Masiello Thompson - Members ACTING COMPTROLLER COMMUNITY DEVELOPMENT COMMITTEE: Joseph Andrew Sanfilippo Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members COMMON COUNCIL PRESIDENT OF THE COUNCIL FINANCE COMMITTEE: Brian C. Davis, Chairman, FILLMORE DISTRICT Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin David A. Franczyk - Members. PRESIDENT PRO TEMPORE LEGISLATION COMMITTEE: Richard A. Fontana, UNIVERSITY DISTRICT Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell Bonnie E. Russell - Members MAJORITY LEADER RULES COMMITTEE: David A. Franczyk, Chairman DELAWARE DISTRICT Marc A. Coppola, Bonnie E. Russell - Members Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT SPECIAL COMMITTEES RICHARD A. FONTANA - LOVEJOY BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., ANTOINE M. THOMPSON - MASTEN Chairman, Marc A. Coppola, Brian C. Davis, Joseph DOMINIC J. BONIFACIO Jr. - NIAGARA Golombek, Jr. - Members JOSEPH GOLOMBEK JR. - NORTH JAMES D. GRIFFIN - SOUTH MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis, James D. Griffin REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell EDUCATION COMMITTEE Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 21, 2004 AT 2:00 P.M. PRESENT – David A. Franczyk, President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fontana, Golombek, Russell and Thompson – 8. ABSENT - Griffin On a motion by Mr. Coppola seconded by Mr.Fontana, the minutes of the stated meeting held on September 7, 2004 were approved. FROM THE MAYOR NO. 1 FROM THE MAYOR - EXECUTIVE DEPARTMENT APPOINTMENT AND RE-APPOINTMENTS OF MEMBERS FROM THE OFFICE OF CITIZEN SERVICES TO THE PUBLIC COLLECTIONS BOARD OF APPEALS NO. 03 Pursuant to the powers vested in me by Section 15-46 of DEARBORN STREET CLEAN SWEEP the Charter of the City of Buffalo, I hereby appoint and On June 23, 2004 the Save Our Streets Task Force clean reappoint the below listed persons as members of the Public sweep committee conducted third Clean Sweep of 2004 on Collections Board of Appeals. Dearborn Street. The Results of the Clean Sweep are as Re-Appointment: follows George K. Arthur 154 Roebling Avenue ADELPHIA Buffalo 14215 Unauthorized service disconnected from I location: Mr. Arthur is the former President of the Common Council Disconnected service at 311 Dearborn and has served on this board since its creation. Mr. Arthur is FIRE PREVENTION being re-appointed for a term that will commence 9 Smoke Detectors were disturbed and installed by the immediately and expire on October 18, 2006. CLEAN & SEAL CREW and 2 batteries were replaced. John McDowell 311 Vermont Street Smoke detectors were installed at 302, 253, 353, 418, 398 Buffalo 14213 and 371 Dearborn Mr. McDowell is retired from the Department of Housing and Batteries were replaced at 360 and 253 Dearborn Urban Renewal. Mr. McDowell's term commences INSPECTIONS immediately and will end on October 18, 2006. 40 locations were sited for housing code violations Appointment: DSS Charles Leone 107 North Drive Conducted interviews at 36 client residences; Buffalo, 14216 Conducted interviews at 155 non-client residences & Charles Leone is a former Associate Management Analyst in Referred 8 households to on site agencies for intervention the City of Buffalo's Office of Budget and Management in the CLEAN & SEAL CREW Department of Administration and Finance. Mr. Leone is Trimmed 30 trees; replacing James Brem and being appointed for a term that Mowed 10 yards; will commence immediately and expire on October 18, 2005. Six lots cleared and Anne Williams 139 Elmer Street Removed a ton of trash and debris Buffalo, 14215 GARBAGE TOTE Mrs. Williams is retired from the Buffalo Psychiatric Center Distributed recycle boxes at 12 locations where she was employed as a Mental Health Therapy Aide. Replaced totes at 4 locations Ms. Williams is being appointed to fill the vacancy created Repaired totes at 3 locations by the resignation of Gerald Kelly who has resigned. Her Discarded tote at I location term will commence immediately and expire on October 18, Switched a smaller tote for a larger tote at I location 2006. NIAGARA MOHAWK Lourdes Iglesias 14 Auchinvole Street Jumpers to be removed from 386 Dearborn Buffalo, 14213 *Gas leak was called in for 301 Dearborn. Lourdes Iglesias is Operations Manager for YO Buffalo. Ms. RECEIVED AND FILED Iglesias is being appointed to fill a vacancy. Her term will commence immediately and expire on October 18, 2005. NO. 4 I hereby certify that the above named individuals are fully MONTHLY REPORT FROM THE DIVISION OF CITIZEN qualified to serve on the Public Collections Board of SERVICES - Appeals. AUGUST 2004 REFERRED TO THE COMMITTEE ON LEGISLATION AND Attached for your review is the following: (1) chart of THE DIVISION OF COLLECTIONS AND THE service calls for August 2004, (2) chart of service calls for CORPORATION COUNSEL August 2003- for comparative purposes, and (3) charts of openservice calls from June and July 2004, as of NO. 2 September 1, 2004. RE-APPOINTMENT OF MEMBERS TO THE Total calls for August 2004, were 6,645, which was about BUFFALO PRESERVATION BOARD 300 calls more than last month, with total service calls being I AM RE-SUBMITTING THIS ITEM ON THE REQUEST 2,576, a reduction of 56 requests from last month. OF THE CITY CLERK'S OFFICE TO ALLOW YOUR Total request calls dropped by 91 and inspection requests HONORABLE BODY TO MAKE THE APPROPRIATE dropped by 90. Garbage calls were up by I 00, but still ACTION ON THIS ITEM. significantly lower than in previous years. Pursuant to the powers vested in me by Article 11, Section August 2003 and August 2004 were very similar, reflecting 337-3, Part 11 of the Code of the City of Buffalo, I hereby re-typical seasonal calls, where inspection requests are appoint the following individuals to the Buffalo Preservation relatively high, as well as, garbage calls. Board for a term commencing on August 31, 2004 and will Open calls for July, were only 38%, with 62% of the service expire August 3I, 2007. calls closed. Citizen Services is continuing to work with all John M. Laping, FAIA 1088 Delaware Ave. Apt. 15J city departments towards reducing the reporting periods on Buffalo, 14208 service requests. Sam Gurney 772Potomac Ave. Buffalo, 14209 Also, Niagara Mohawk has been much more responsive in Paul Carroll 39 Park Street Buffalo, 14201 reporting on requests for light bulb replacements, as well as, I hereby certify that the above named individuals are fully light pole repairs. qualified to serve as members of the Buffalo Preservation As always, I hope that this information is useful. Board. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIVISION OF COLLECTIONS AND THE CORPORATION FROM THE OFFICE OF STRATEGIC PLANNING COUNSEL The Office of Strategic Planning, Division of Real Estate NO. 5 has received a request to purchase 563 Seventh Street from ABANDONMENT AND SALE PORTION OF RIGHT OF Mr. Gerald Rondon and Mrs. Marcelina Rondon, 567 WAY Seventh Street, Buffalo, New York 14201. The lot is ON HAMPSHIRE STREET 10'X 60' - NIAGARA adjacent to their home and will be used for additional yard DISTRICT space. The Office of Strategic Planning, Division of Real Estate, The Department of Permit and Inspection Services and the has received a request from Lou Terragnoli of LaNova Division of Collections have no objections to the sale. There Pizzeria requesting to purchase a 1 O' x 60' portion of the are no code violations, taxes or other liens owed to the City Hampshire Street Right-Of-Way. of Buffalo by the purchasers. Mr. Terragnoli has indicated that in order to reconstruct the The Division of Real Estate has investigated the sale of fire-damaged area and have an efficient design they have similar vacant lots in the subject area. Sales prices range determined that it is necessary to build into the right of way from sixty-five cents (.65) to one dollar ($1.00) per square for their cold storage areas. They are, therefore, requesting foot. that the City of Buffalo abandon and enter into an agreement The results of our negotiations are that Mr. and Mrs. Rondon of sale for a 1 O' x 60' portion of the right of-way at the fair have agreed and are prepared to pay two thousand seven market value. hundred dollars ($2,700), seventy-two cents (.72) per square The Division of Real Estate is in the process of contacting foot for this parcel. They have also agreed to pay for the Land Use Planning, Sewer Authority, Fire, Police, Public cost of transfer tax, recording fees and cost of the legal Works and the City Planning Board for their objections description. and/or recommendations. I am recommending that Your Honorable Body approve the Your Honorable Body may authorize the abandonment and sale of 563 Seventh Street to Mr. and Mrs. Rondon in the sale of the property in accordance with Article 27, Section amount of two thousand seven hundred dollars ($2,700). 1 27-5 of the City Charter. Should you approve the am further recommending that the Corporation Counsel abandonment and sale the purchaser is required to retain a prepare the necessary documents for the transfer of title and real estate appraisals at their own expense, for the purpose that the Mayor be authorized to execute the same. of fixing the value of the interest of the City in such property. Mr. Coppola moved The City will provide a list of appraisers established by the That the above communication from the Office of Strategic Appraisal Review board of the City. They results of our Planning, Division of Real Estate, dated September 13, negotiations will be filed with Your Honorable Body for final 2004, be received and filed; and approval. That the offer from Mr. Gerald Rondon and Mrs. Marcelina Therefore, we are recommending that Your Honorable Body Rondon, residing at 567 Seventh Street, in the sum of one authorize the abanodnment/sale of the subject property by thousand dollars ($2,700.00) for the purchase of appraisal and direct this office to negotiate the sale and 563 Seventh Street, be and hereby is accepted; and report the results of our negotiations to Your Honorable Body That the appraisal requested by the City of Buffalo shall be for final approval. paid by the purchaser; and Mr. Coppola moved That the transfer tax, recording fees and cost of legal That the abandonment of the property located on the right of description shall be paid by the purchaser; and way on Hampshire Street 10’X60’ in the Niagara District by That the Corporation Counsel be authorized to prepare the appraisal and direct the office of Strategic Planning to necessary documents for the transfer of title and that the negotiate the sale and report all results of said negotiations Mayor be authorized to execute the same, in accordance to this body for final approval is hereby approved. with the terms of sale upon which the offer was submitted. PASSED PASSED AYES - 8 NOES – 0 AYES - 8 NOES - 0 NO. 6 NO. 8 RESPONSE - CITY OF BUFFALO RESULTS OF NEGOTIATIONS ACQUISITION OF 860 TAX FORECLOSURE AUCTION HERTEL - ITEM # 163, C.C.P. 9/7/04 PROPOSED FIREHOUSE THE ABOVE REFERENCED ITEM HAS BEEN ITEM NO. 11, CCP 7/20/04 FORWARDED TO THE OFFICE OF STRATEGIC In the above referenced item Your Honorable Body PLANNING, DIVISION OF REAL ESTATE, FOR authorized the Office of Strategic Planning, Division of Real COMMENTS AND/OR RECOMMENDATIONS. Estate, to negotiate for the acquisition of 860 Hertel Avenue The only role the Office of Strategic Planning has in the tax a vacant parcel of land for the construction of a new foreclosure process is to recommend or request that certain firehouse. The parcel is owned by Benderson Development properties, identified as needed for public purposes or are in Company and is the former site of McDonald's Restaurant. project areas be struck to the City of Buffalo, in the event The parcel is 120'xl.3 acres. The parcel was acquired by there are no bids received at public auction. Benderson in 1999 for $75,000.00 to be developed in The resolution requests that the first day of the auction be conjunction with their adjoining retail and office project. limited to "individuals who intend to live in the properties they The site at 860 Hertel has been reviewed by MMA purchase". This issue should be addressed by the Consultants, Buffalo Fire Department and Department of Department of Taxation and Finance and the Corporation Public Works. Public Works has received and reviewed a Counsel, since the foreclosure process is a matter of Real Phase 11 Environmental Site Assessment from Property Tax Law. Panamerican Environmental Inc. for 860 Hertel. REFERRED TO THE COMMITTEE ON LEGISLATION During our negotiations the City was approached by Benderson Development to exchange the parcel owned by No. 7 them at 860 Hertel for a parcel at 575 Delaware Avenue Results of Negotiations owned by the Buffalo Urban Renewal Agency. The Buffalo 563 Seventh, 304.50' NW Jersey Urban Renewal Agency parcel is a parking lot currently Vacant Lot: 30'x 124' leased to Benderson for their Corporate Office Building 6. Right to Transfer Lease - Tenant shall have the right to located at 570 Delaware Avenue. transfer or assign lease with the permission of the landlord. The Buffalo Urban Renewal Agency has approved the Such permission shall not be unreasonable withheld. exchange of 575 Delaware for the Benderson parcel located 7. Maintenance - Tenant shall be responsible for proper care at 860 Hertel Avenue. Benderson Development will provide, and maintenance of the leased space. Landlord will be as a condition of the exchange, a 1 0 year parking easement responsible for cleaning and maintaining all common areas to the City of Buffalo for public use under the same terms of the ramp. stated in the lease agreement between the Buffalo Urban 8. Tenant will be responsible for removal and disposal of Renewal Agency and Benderson Development Corporation. existing partitions currently at the leased premises. The City of Buffalo will acquire the 860 Hertel parcel from the 9. Permits and Other Fees - Tenant will be responsible for all Buffalo Urban Renewal Agency for Eighty-Five Thousand costs involved in obtaining the necessary permits, licenses Dollars ($85,000.00). The funds for the acquisition will come and any other costs associated with the restaurant. from City of Buffalo General Improvement Bonds for land 10. Funding - The City of Buffalo through Buffalo Civic Auto acquisition and construction at 860 Hertel Avenue. Ramps will provide up to Thirty-Five Thousand Dollars GA.R. Appraisal and Consultants was commissioned to ($35,000) for the replacement of windows, heating, appraise 860 Hertel for its fair market value. They have ventilation and air condition systems. estimated the value to be Eighty Five Thousand Dollars I am recommending that Your Honorable Body approve the ($85,000.00). The Appraisal Review Board has reviewed the above terms and conditions between the City of Buffalo & appraisal submitted by G.A.R. Appraisal and Consultants Pirgos Corporation, d/b/a Court Yard Restaurant. I am and recommends the purchase price of Eighty Five further recommending that the Corporation Counsel prepare Thousand Dollars ($85,000.00). the necessary lease agreement and that the Mayor be In accordance with State Environmental Quality Review authorized to execute same. (SEQR), of the State Environmental Conservation Law, we Mr. Coppola moved: have prepared for the Common Council, as lead agency, a That the above communication from the Office of Strategic Negative Declaration Notice of Determination of Non-Planning dated September 15, 2004, be received and filed; Significance which is attached. and I am requesting that Your Honorable Body approve the That the Director of Strategic Planning be, and he hereby is acquisition of 860 Hertel Avenue from the Buffalo Urban authorized to enter into a lease between the City and Renewal Agency in the amount of Eighty Five Thousand George Kallas, President of Pirgos Corporation, d/b/ Court Dollars ($85,000.00). 1 am further recommending that the Yard Restaurant, for use of 2,000 square feet of existing Corporation Counsel prepare the necessary documents for space at the Fernback Ramp for a new restaurant for a three the acquisition of title and parking easements and that the (3) year lease with two (2) three (3) year options renew, with Mayor be authorized to execute the same. the conditions as listed above. That the Corporation REFERRED TO THE COMMITTEE ON COMMUNITY Counsel be authorize to prepare the necessary lease and DEVELOPMENT that the Mayor be authorized to execute the same. PASSED NO. 9 AYES - 8 NOES - 0 REQUEST TO LEASE SPACE - FERNBACK PARKING RAMP FOR RESTAURANT FROM THE COMPTROLLER THE CITY OF BUFFALO HAS RECEIVED A No. 10 REQUEST TO LEASE SPACE IN THE FERNBACK Audit Petty Cash Funds 2004 PARKING RAMP FROM MR. GEORGE KAILAS, The City of Buffalo has Imprest Petty Cash funds in several PRESIDENT OF PIRGOS CORPORATION, D/B/A COURT departments/divisions at City Hall and at some other YARD RESTAURANT. COURT YARD RESTAURANT locations (e.g. Police and Fire headquarters). HAS LOST ITS LEASE IN THE LAWLEY INSURANCE The funds are Imprest, that is there is a set amount of BUILDING AT 120 DELAWARE DUE TO THE PLANNED money placed there (originally by check) to Custodian-Petty NEW FEDERAL COURT HOUSE. THEY INTEND TO Cash. The fund is reimbursed periodically throughout the REMODEL 2,000 SQUARE FEET OF EXISTING SPACE year. It is required to be done yearly, but quarterly would be AT THE FEMBACK RAMP FOR A NEW RESTAURANT. best, as outlined below. At any point, the fixed amount of THE COST OF RENOVATIONS BY PIRGOS WILL BE the fund consists of the total currency left and the vouchers BETWEEN $145,000 TO $170,000. (receipts) for the expenditures. The vouchers, as part of the The Office of Strategic Planning, Division of Real Estate, in reimbursement process, are charged to expenditure conjunction with the Board of Parking and Buffalo Civic Auto accounts where amounts have been appropriated. Ramps have negotiated the following terms and conditions AUDIT OBJECTIVES for the space to be [eased at the Femback Ramp: To periodically review the petty cash funds and their 1 .Term - Three (3) year lease with two (2) three (3) year transaction levels options to renew. To ascertain that the custodians are in place 2. Square Footage - The space to be leased is shown on To verify accounting records Foit-Albert Associates site plan dated 3/26/04 approximately To physically count the cash and review vouchers in the 1,800 square feet plus a 200 square foot office. drawer 3. Rental - Annual rental shall be in the amount of Ninteen To determine last reimbursement date of each fund Thousand Two Hundred Dollars ($19,200.00) for the first To make recommendations on improvements three years of the lease. Annual rent will be increased 5% To determine that no receipts are being deposited in the for each renewal option. fund, but are being deposited daily to Treasury 4. Utilities - Tenant will pay all utilities for the restaurant. To determine proper approval levels Tenant will supply all lines and meters for same. To detennine appropriateness of items 5. Insurance - Tenant to provide required General Liability AUDIT METHODOLOGY Insurance. The type and amount to be determined by the Review MUNIS transactions Board of Parking and the City Corporation Counsel. Visit areas and physically count monies and audit vouchers AUDIT FINDINGS 1.Stale vouchers requiring judgment and claims approval 5. The terms, form and details of said Note shall be as (prior fiscal year) follows: 2. Custodians are approving their own expenses Amount and Title: $34,000,000 Revenue Anticipation Note, 3. Error in physical count Series 2004A 4. Inappropriate expenses (disallowed by Charter) Dated: September 23, 2004 AUDIT RECOMMENDATIONS Mature: July 15, 2005 1 .Reduce the number of petty cash funds Number and Denomination No. 1, at $34,000,000 2. Expense reports should be submitted in a timelier manner Interest Rate 3. Review the appropriateness of the petty cash dollar Per Annurn 3.473% amount for each department The place of payment of principal and interest shall be at 4. Establish better methods of expensing charges that are Manufacturers and Traders Trust Company, One M&T more appropriately paid by vendor check Plaza, 7th Floor, Buffalo, NY 14203; and the form of said Publish new policy and procedures manual 5.notes shall be substantially in accordance with the form REFERRED TO THE COMMITTEE ON FINANCE prescribed by Schedule B,2 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the NO. 11 State of New York, provided that the Note when issued will CERTIFICATE OF DETERMINATION OF THE be registered in the name of the Buffalo Fiscal Stability COMPTROLLER AS TO THE AUTHORIZATION, FORM Authority. AND CONTENT, SALE AND ISSUANCE OF A $34,000,000 6. Pursuant to said powers and duties delegated to me, I DO REVENUE ANTICIPATION NOTE, SERIES 2004A OF THE HEREBY AWARD AND SELL said Note to Buffalo Fiscal CITY OF BUFFALO, NEW YORK. Stability Authority C'BFSA") a corporate governmental I, ANDREW SANFILIPPO, Comptroller of the City of Buffalo agency and instrumentalitiy of the State of New York, (herein called the "City"), in the County of Erie, New York pursuant to the Contract of Purchase dated September 23, (the "State"), HEREBY CERTIFY AND REPORT, that 2004 between BFSA and the City for the purchase price of pursuant to the powers and duties delegated 'to me, the $34,000,000 plus accrued interest, if any from the date of chief fiscal officer of the City, pursuant to resolution No. 194, said Note to the date of delivery thereof, and I FURTHER duly adopted by the Common Council of the City on the 4th DETERMINE that said Note shall bear interest at the rate of day of September, 1945, which resolution is in full force and three and four hundred seventy three thousandths per effect and has not been modified, amended revoked, and, centurn (3.473%) calculated on the basis of a 30-day month subject to the limitations prescribed in said resolution, I have and a 360-day year, payable at maturity. made the following determinations: 7. Said Note herein authorized to be issued shall be 1 . In anticipation of the receipt of moneys to be received executed in the name of the City by the manual signature of from the State of New York in the amount and from the its Comptroller and the corporate seal of the City or a specific type of revenue as described in the attached facsimile thereof shall be affixed, imprinted or otherwise Schedule A, due and payable to the City in the fiscal year of reproduced thereon. the City ending July 15, 2005, 1 HEREBY AUTHORIZE the I HEREBY FURTHER CERTIFY that every power and duty issuance of a $34,000,000 revenue anticipation note (the delegated to me to issue and sell said Note hereinabove "Note") of the City, pursuant to the provisions of the Local described, is in full force and effect and has not been Finance Law, constituting Chapter 33-a of the Consolidated modified, amended or revoked. Laws of the State of New York (the "Law"). IN WITNESS WTIEREOF, I have hereunto set my hand this With respect to such specific type of revenue, Schedule A 23rd day of September, 2004. attached hereto sets forth (a) the amount of such revenue RECEIVED AND FILED recognized for the fiscal year 2003-2004, (b) the amount of AYES – BONAFACIO, COPPOLA, FONTANA, FRANCZYK, such revenue estimated to be received for fiscal year 2004-GOLOMBEK, RUSSELL, THOMPSON - 7 NOES –DAVIS - 2005 as provided in the City's budget, (c) the amount of such 1 revenue actually received to date for fiscal year 2004-2005, (d) the amount of revenue anticipation notes issued to date NO. 12 in anticipation of the receipt of such revenue, (e) the amount FIRE DEPARTMENT DEMOLITIONS of revenue anticipation notes which may be issued as of this AS PER THE CITY CHARTER, ONLY THE date in anticipation of the receipt of such revenue, calculated FOLLOWING INDIVIDUALS ARE AUTHORIZED TO in accordance with the Law, and (f) the amount of revenue ORDER THE DEMOLITION OF A STRUCTURE: ARTICLE anticipation notes comprising this issue which are being 14, SECTION 10 STATES THAT THE FIRE issued in anticipation of the receipt of such revenue. The DEPARTMENT'S 66COMMISSIONER, ANY DEPUTY annual budget of the City for 2004-2005 has been adopted. COMMISSIONER OR ANY BATTALION CHIEF ON DUTY 2. Said Note is not being issued in renewal of any note or AT A CONFLAGRATION MAY DIRECT AND CAUSE TO notes. BE TORN DOWN...... BUILDINGS WHICH ARE DEEMED 3 . In no event shall the date of maturity of the Note herein HAZARDOUS AND LIKELY TO TAKE FIRE OR TO authorized, or the renewals thereof, extend beyond the close CONVEY THE FIRE TO OTHER BUILDINGS." of the applicable period provided in the Law for the maturity Findings: thereof 1 . The demolition of the property at 1386 Bailey 4. The Note shall contain the recital of validity prescribed by Avenue was listed in error. A structure still exists at that Section 52.00 of the Law and shall be a general obligation of address, however, research from non-Fire Department the City and the faith and credit of the City are hereby records shows that a fire took place at 1400 Bailey Avenue pledged to the punctual payment of the principal of and on the same day. The City paid for a demolition at that interest on the Note and, unless the Note is otherwise paid address. or payment thereof is provided therefor, an amount sufficient 2. The sample also included the address listed as 125 for such payment shall be inserted in the budget of the City Virginia. A follow up email to the Fire Department revealed and taxes sufficient to provide for the payment thereof shall that the property in question was actually 125 Mulberry. The be levied and collected. Mulberry property was demolished. 3. All the properties in the sample were examined for proper For all of the retirements over the last twelve months, we authorization with the exception of eight properties. These calculated their final average salary (FAS) overtime only properties had their demolition approvals and other taking into consideration those employees in tiers I or 2. We documentation removed by the Justice Department in an compared these results with the Employee Retirement ongoing investigation and, as such, were not deemed to be System (ERS) which uses a threeyear average within the errors. All other properties in the sample had the correct twenty- percent increase rule. authorizations. The overtime that will be included in FAS for the 43 4. Monies for the demolition of structures within the city are individuals tested is $444,899.This is 168 percent higher from three sources: capital debt funds, block grant funds and than the $277,247 under the ERS calculation. funds appropriated from the general fund. The cash (see Schedule D) generated from the sale of a bond can only be spent on The list includes 30 tier #1 retirees and 13 tier #2 retirees. those items clearly listed in the bond resolution. Bond 1 . Titles determining pension fund monies have been used to pay for the demolition of fire The Office of State Comptroller has informed us that certain damaged/destroyed structures "of various City owned titles which we provided to them with the job descriptions buildings to provide sites forfeiture neighborhood were not classified as public safety (police in their cases and far as can be discovered there is no development." As fire in their cases) and hence did not need to be included in specific plan for future development that documents what the PFRS system. sites within neighborhoods will be developed. There is, This information was made available to the administration as however, an overall Citywide Comprehensive Master Plan early as 1997 and was not acted upon. that includes monies for new housing and rehabilitation. There are supervisory titles that do not qualify as police 5. A review of records from previous years indicates that the officers or firefighters by their nature. These include the time between a fire damaging or destroying a structure and commissioners, deputies, chiefs, etc. (see partial listing in that structure's eventual demolition is increasing. The Schedule A). difference between the date of actual demolition of a The pension cost savings for these titles amounts to at least property and the date the Fire Department first requested a 10% savings for each title and total salary for their time in that demolition increased on average from forty-nine to sixty-those positions. As a example, a Fire or Police one days from calendar year 2002 to calendar year 2003. Commissioner earning $90,000 on average for an eleven The cause for this delay may be an overall shortage in year period would save the City $99,000. funding. Other reasons for a delay include the City's bidding There are administrative titles that involve duties which are process for demolitions, weather, and properties that are not included in fire and police duties. These include isolated from others that are on a group demolition list. dispatchers, photographers, mechanics, etc. (see partial The budget for general fund appropriations for the listing in Schedule B). emergency demolition of structures has been dramatically RECOMMENDATIONS reduced over the past four fiscal years. In 2003-04 the Excessive overtime earned in final year versus prior two demolitions budget amounted to $174,321. In 2000-01 that years affecting FAS pension calculation account was budgeted at $1,000,000. A reduction in funding 1. There appears to be a pattern of higher overtime costs in effects the timeliness of demolitions for these fire-ravaged the final year of tier I employees which has a serious impact properties. That delay in demolition can contribute on the cost of the retirement. The yearly total overtime negatively to the quality of life within the affected figures for the 43 individuals were as follows: final year neighborhoods. $709,383, first prior year $353,277 and second prior year Recommendations: was $328,686. 1 . Fire Department employees could check the We are not suggesting that there is any purposeful activity, address against the City's Internet listing of properties. This but certainly there is some management responsibility to would be accomplished in the paperwork generated by every monitor the granting of overtime. fire call. With this step, any paperwork errors would be Individuals included in the more expensive pension system reduced. (PFRS) without regard for duties performed (ERS) 2. Demolitions appear to take longer than necessary to I . The City needs to verify this schedule by reviewing the job accomplish. These damaged structures harbor rodents, are descriptions in each case (or any additional ones). havens for crime, define the term "inner city blight" and drive 2. We recommend that the City notify the Office of State down already sinking property values. The current Comptroller of any misstatements found as a result of this demolition process for these structures is successful with review of the payroll expenses or a reduced pension proper funding. Funding is, however, critical. expense. A plan for the residential rejuvenation of the City's most The department should be accountable for insuring that the damaged neighborhoods should be developed. Demolishing system is operating as designed. A formal policy should be fire-ravaged buildings i s necessary and appropriate. A in place to handle any abuses of the system. Vacant Land and Building committee has produced several REFERRED TO THE COMMITTEE ON FINANCE, THE reports and continues to review the neighborhood impact. COMMISSIONER OF FIRE, THE COMMISSIONER OF REFERRED TO THE COMMITTEE ON FINANCE, THE POLICE, THE COMMISSIONER OF HUMAN RESOURCES COMMISSIONER OF FIRE AND THE COMMISSIONER OF AND THE CORPORATION COUNSEL PERMITS AND INSPECTIONS FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 13 POLICE & FIRE RETIREMENT PENSION (PFRS) VS. NO. 14 EMPLOYEE RETIREMENT SYSTEM (ERS) CITY OF BUFFALO AUDIT FINDING TAX FORECLOSURE ACTION Overall CCP SEPTEMBER 7, 2004 ITEM 163 We reviewed all retirements within the PFRS population that This is in response to Councilmember Fontana's occurred within the last twelve months from our audit date. Resolution to designate the first day of the City of Buffalo We considered only the overtime and court time factors, so Tax Foreclosure Auction be limited to those individuals who we eliminated the salaried employees. intend to reside in the property they purchase, in an effort to reduce the number of investors purchasing multiple Pursuant to a request directed to my attention for an properties. To do so would be contrary to Section 1136(4) of opinion regarding the subject, please be advised that in light New York State Real Property Tax Law which mandates the of our current fiscal crisis, I do not believe it is in the best sale of foreclosed properties be at public auction open to the interests of the City of Buffalo to institute a new real property public. In addition, discriminating against certain individuals tax exemption that would preclude the collection of new or would be in violation of the United States Constitution. additional revenue at this time. The City of Buffalo currently has safeguards in place which are intended to prevent irresponsible or unscrupulous There are numerous real property tax exemptions currently individuals from acquiring properties, at the tax foreclosure available to qualified homeowners. Veterans exemptions, sale. For instances, individuals not current on debts or code senior citizen exemptions, disability exemptions, historical violations can be prohibited under Item 12 of the Agreement preservation exemptions, empire zone exemptions and of Sale, which states: enhanced STAR exemptions are available to all 12. The REFEREE shall refuse to transfer title to any person homeowners meeting the qualifications set forth in the real including without limitation, an individual, corporation, property tax law. Further, the Basic STAR exemption is partnership, association, limited liability company or vendor available to all homeowners, without regard to age, location (and each of such person's principles, partners, associates, or income, for their primary residence. Adding an additional members, etc.) who is not current on all obligations owed to exemption for home improvement would preclude the City of the City of Buffalo, its authorities and agencies, including Buffalo from the receipt of much needed new revenue that without limitation, taxes, fees, water bills, sewer rents and would be available from the normal and expected increase in other charges, as of the settlement date. The Referee may value obtained through such improvements. also refuse to transfer title to any person who has current I applaud the intent of the resolution to provide an incentive Code Violations on other properties owned by such person to homeowners to improve their property. However, it is my within the City of Buffalo. If a person (Bidder and/or opinion that owners of homes most in need of repair are Purchaser) is not current on all such obligations as of the most likely to be the very homeowners who can not afford to "Settlement Date", all monies tendered by the bidder and/or repair their homes in the first place. Further, I believe that purchaser shall be applied towards the outstanding homeowners currently in a position to improve their property, obligations owed to the City of Buffalo, it's authorities and to the extent that they would be eligible to apply for the agencies. proposed exemption, would in all probability do so without The Referee can also set aside bids by any bidders "deemed regard to the availability of the proposed exemption. by him" to be irresponsible, as stated in Item 13 of the The proposed real property tax exemption would exempt Agreement of Sale, as follows: additional assessed value only, i.e., any increase in an 13.The REFEREE shall have the right to set aside a bid by assessed value made specifically because of an any person deemed by him not to be a responsible bidder improvement to the property. General maintenance and and/or purchaser and immediately put up the premises for repair of a property would not be a factor for approval of this sale again. proposed exemption. Please note, as a general rule In addition, limiting any portion of the public auction to only assessed values are not increased because of general those purchasers intending to reside in the purchased maintenance and repair of a property. If an owner repairs a property would be difficult to enforce even if it was permitted roof or siding, paints a dwelling or garage or simply improves under Real Property Tax Law. In the first instance, it would his property by such generally required maintenance and be difficult to obtain proof before bidding commenced that repair, the assessed value will not be increased. Therefore, the bidders were intending to reside in the purchased the property would not be eligible for this proposed property and thus were entitled to bid on the first day of the exemption. Obviously each maintenance and repair auction. Secondly, we have experienced situations in the improvement is subject to a case by case analysis and an past where individuals who were prohibited from bidding had appropriate decision to increase or not increase an assessed someone else bid on their behalf and at a later date, that value is made prior to the taxable status date. individual conveyed title to the person who had been The proposed exemption would pertain to parcels that had prohibited from bidding. We cannot control what an owner an assessed value increase for such reasons as new does with the property subsequent to receiving a deed such additional square feet of living space, a new garage or as renting or selling the property. addition to an existing garage or any other combination of In response to the statement that unscrupulous investors are major improvements that would increase the assessed obtaining numerous properties at the auction at "below value. market prices," the opening bid cannot exceed all debts If your Honorable Body decides to proceed with the adoption owed to the City of Buffalo, such as water charges, user of the resolution, please be advised that there are several fees, sewer rent, all tax liens and foreclosure fees. issues that need to be addressed. Finally, the City of Buffalo foreclosure auction is not limited Under the provisions of the New York State Real Property to residential properties. Many properties offered are Tax Law (RPTL) 421F, the exemption is limited to a property commercial and the City cannot restrict the type of bidder used as a residence for not more than two families. That is, who may be interested in bidding on these properties. The single family or two family dwellings only. City cannot control who bids or restrict bidders at a public The RPTL authorizes an eight (8) year exemption; 1 00% of auction. the increased value the first fiscal year and the exempt In summation, attempting to limit bidders during any portion percent reduced 12.5% each year thereafter. The current of the auction would be discriminatory and in violation of the proposed resolution would authorize a five year exemption; 1 Real Property Tax law and could subject the City of Buffalo 00% the first year and a reduction in exempt amount of 25% to a lawsuit. each year thereafter. I question the legality of the deviation REFERRED TO THE COMMITTEE ON LEGISLATION from the local option granted to a municipality by the RPTL and would direct this question to the City of Buffalo NO. 15 Corporation Counsel. As previously stated, the RPTL Assessment Rebate specifically excludes ordinary maintenance and repair. on Home Improvements Further, the proposed resolution requires an increase in ITEM 150, C.C.P. 09/07/04 assessed value of a minimum of $5,000.00. The RPTL requires the increase in assessed value must exceed a of Budget to determine if such an action will have an adverse minimum of $3,000.00. The maximum amount of increase in effect on the City's cash flow. assessed value eligible for exemption is $80,000,00. The Review of Department of Assessment and Taxation records local option, pursuant to the RPTL, authorizes a reduction of shows a total of 87,397 taxable parcels who would have the $80,000.00 maximum amount to any amount not less received a 2004-05 City of Buffalo real property tax and than $5,000.00. sewer rent bill in July 2004. The Department of Assessment I believe that the City of Buffalo property owners would be and Taxation recently sent out 1,292 letters to taxpayers better served by encouraging participation in the STAR whose July 2004 payment was incorrect. Of those, 1,229 exemption program. Since the inception of the STAR letters were to taxpayers whose payments were postmarked exemption program (both basic STAR and enhanced STAR,) subsequent to the August 2, 2004 due date, constituting late the Department of Assessment and Taxation has sent payment where interest became due, thus making the numerous notices to homeowners advising them to take original paid amount a "partial" amount. Only 63 of the advantage of this program. We have utilized direct mail, letters were to taxpayers whose payments were timely but included notices with user fee bills, attended public forums were less than the billed amount. A comparison between and have used public media including newspapers, radio 2003 and 2004 of the "partial payment" letters sent out and television to notify owners of their eligibility. It continues revealed that there were 419 taxpayers who paid late both to be a matter of deep frustration and concern that not all years. Unfortunately, where the payment is late and interest qualified owners have taken advantage of this program, is incurred, we cannot apply the amount received until the especially those who would be helped the most. The STAR interest on the late payment is also paid. We notify the exemptions are the only exemptions that do not end in a taxpayer with a "partial payment" letter and give the taxpayer negative loss of revenue for the City of Buffalo. The City is time to pay the interest. Real Property Tax Law Section 925 reimbursed by New York State for STAR exemptions. specifies that the postal meter mark is controlling; payments Finally, if the City adopts a local law granting this exemption received subsequent to that date are late and incur interest. it will exempt city and school taxes only. It will have no If the intent of the Resolution is to help taxpayers, and senior impact on county taxes; the Erie County Legislature will have citizens particularly, save money on taxes, there are to pass their own legislation to grant the exemption if it is to programs in existence, i.e., the Basic STAR real property tax affect county taxes. If they do not, the city would lose the exemption, the Senior Citizen and the Enhanced STAR real additional revenue generated by an increase in an assessed property tax exemption that reduce the property owner's tax value while the county would collect the full tax. burden in the first instance. Despite multiple mass mailings It is for the reasons stated herein; the loss of revenue to a in the past and written notification sent to every new city in financial crisis, the resulting shift of burden of taxes to homeowner, we find that there are still thousands of non-exempt owners, the real probability of not achieving the homeowners, according to our database, who reside in their goal of helping those most in need and the current property but have failed to apply for the appropriate real availability of existing immediate relief to all homeowners in property tax exemption. On January 22, 2004, we provided the City of Buffalo for their primary residence that I can not in a list to all Councilmembers; of property owners in their good conscience lend my support to this resolution at this respective Districts where it appears owners were eligible time. but failed to apply. Encouraging and assisting all eligible REFERRED TO THE COMMITTEE ON LEGISLATION AND property owners to apply for the appropriate STAR CORPORATION COUNSEL exemptions would help not just homeowners experiencing financial hardship, but all homeowners, to reduce their tax NO. 16 burden. In many cases, the exempted value of the STAR Request Local Law on exemption exceeds the assessed value of the property Partial Collection of Real thereby negating the tax bill. Senior Citizen exemptions also Property Taxes 7 entitle a homeowner to a discount on the water bill. In an CCP: September 7, 2004 effort to encourage homeowners to take advantage of the ITEM NO#172 tax savings available through STAR exemptions, through a This is in response to Councilmember Griffin's Resolution cooperative effort with the Streets Department, we also sent requesting a Local Law amending Section 28-65 of the City out inserts in several recent User Fee bills reminding Charter to permit the payment of City of Buffalo real property property owners of the availability of the STAR program. taxes in additional installment, or partial, payments. The Therefore, the Department of Assessment and Taxation Charter permits two installments, one in July and one in cannot recommend the adoption of a Local Law allowing December. For tax collection purposes, installment payment of real property taxes in more installments than the payments are not considered partial payments. A true two installments permitted by the City Charter because it partial payment is a payment that is less than the billed may well have an adverse effect on the City's cash flow and installment amount including interest where applicable. would not result in tax savings to the property owner. There is no authority for the acceptance by the City of partial REFERRED TO THE COMMITTEE ON LEGISLATION AND payments in amounts less than the amounts permitted by BUDGET law. Under the existing provisions of the City Charter and the New York State Real Property Tax Law, the City of NO. 17 Buffalo does not have authority to accept less than the CERTIFICATE OF APPOINTMENT amount billed in the two installments already permitted by Appointment Effective: September 15, 2004 in the the City Charter. Attached is a copy of Opinion 68-936 Department of Assessment and Taxation to the Position of dated November 14, 1968 of the New York State In Rem Specialist PERMANENT APPOINTMENT, Comptroller which references the partial payments of city Intermediate, Starting Salary of: $36,156 taxes and states that a City may not accept payment of less Secret Thompson 49 Highgate Avenue Buffalo NY 14214 than the billed installment amount, including interest, when REFERRED TO COMMITTEE ON CIVIL SERVICE payment was made late. It is suggested that if the Council is considering partial NO. 18 payments that it should discuss this matter with the Division CERTIFICATE APPOINTMENT Appointment Effective September 15, 2004 in the PROHIBITED PERIOD Department of Assessment and Taxation to the Position of 6:00 p.m. Monday to Principal Assessor Permanent, Appointment, Maximum, 6:00 p.m Thursday Starting Salary of. $54,338 6:00 p.m. Thursday to Ann Marie LoFaso 18 Frontenac Avenue Buffalo NY 14216 6:00 p.m. Monday REFERRED TO THE COMMITTEE ON CIVIL SERVICE This action is being taken at the request of the District Council Member on behalf of the residents of Wright Avenue No. 19 in order to improve access for snow removal and other street CERTIFICATE APPOINTMENT maintenance functions. Appointment Effective September 15, 2004 in the (see previous serial) Department of Assessment and Taxation to the Position of RECEIVED AND FILED Senior Tax Clerk permanent, Appointment, Intermediate, WAIVE 45 DAYS Starting Salary of: $31,694 Latifa A. Mack 159 Hamlin Road Buffalo NY 14208 NO. 21 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Report of Bids City Court Building FROM THE COMMISSIONER OF PUBLIC WORKS, Renovation of Records Room & Office PARKS AND STREETS Job No. 0434 Ellicott District NO. 20 I asked for and received the following informal bids for the Notification Serial #9964 City Court Building, Renovation of Records Room & Office, Repeal No Parking Electrical Work, on September 15, 2004. on Wright Avenue, west side Tunney Electric $2,494.00 8565 Roll, Clarence Ctr, NY between East Delavan Avenue Ferguson Electric $2,600.00 333 Ellicott, Buffalo, NY and Northerly Dead End Metro Electric $3,186.00 1 00 Atlantic, Buffalo, NY Item No. 85, C.C.P. 7/20/04 I hereby certify that the foregoing is a true and correct Item No. 60, C.C.P. 9/7/04 statement of all bids received and that Tunney Electric, in NO PARKING -REPEAL the amount of Two Thousand Four Hundred Ninety Four and In conformity with Section 49 of Chapter 479 of the 00/100 Dollars ($2,494.00) is the lowest responsible bidder Ordinances of the City of Buffalo, the City Engineer hereby in accordance with the plans and specifications. I notifies Your Honorable Body of this action supplementing, recommend that Your Honorable Body authorize the amending, or repealing existing provisions of Chapter 479 of Commissioner of Public Works, Parks & Streets to order the the Ordinances, as stated below, to be effective forty five work on the basis of the low bids. Funds for this project are days after the first Council meeting at which they appear on available in the 35320806 4451 00 - Buildings. the agenda as an item business. Mr. Coppola, Moved: That part of Subdivision 24 Section 15 of Chapter 479 of That the above communication from the Commissioner of Ordinances of the City of Buffalo be supplemented by Public Works, Parks and Streets dated September 15, 2004, repealing therefrom the following: NO PARKING be received and filed; and PROHIBITED PORTION OF HIGHWAY That the Commissioner of Public Works, Parks and Streets, Wright Avenue, west side between East Delavan Avenue be, and he hereby is authorized to award a contract for City and Northerly Dead End Court Building Renovation of Records Room & Office, PROHIBITED PERIOD Electrical Contract, to Tunney Electric, the lowest At All Times responsible bidder, in the amountof$2,494.00. Funds for the This action is being taken at the request of the District project are available in 35320806 445100- Buildings. Council Member on behalf of the residents of Wright Avenue Passed. in order to improve access for snow removal and other street AYES – 8 - NOES - 0 maintenance functions. (see next serial) No. 22 Notification Serial #9965 Report of Bids Install Alternate Parking - Type 2K City Hall Observation Deck Wright Avenue between Reconstruct and Repaint Ceiling East Delavan Avenue and Northerly Dead End Job No. 0435 Item No. 85, C.C.P. 7/20/04 Ellicott District Item No. 60, C.C.P. 9/7/04 I asked for and received the following informal bids for the NO PARKING (ALTERNATE - TYPE 2K) - INSTALL City Hall Observation Deck, Reconstruct and Repaint In conformity with Section 49 of Chapter 479 of the Ceiling, Supreme Painting & Wallpapering, on July 22, 2004. Ordinances of the City of Buffalo, the City Engineer hereby Supreme Painting & Wallpapering $7,600.00 notifies Your Honorable Body of this action supplementing, 1682 Clinton, Buffalo, NY amending, or repealing existing provisions of Chapter 479 of Miller Enterprises, Inc. $9,400.00 the Ordinances, as state below, to be effective forty five days 12 Newfield, Buffalo, NY after the first Council meeting at which they appear on the E.C. Naughton Contractors Did Not Submit Bid agenda as an item business. P 0 Box 465, Lewiston, NY That part of Subdivision 24 Section 15 of Chapter 479 of I hereby certify that the foregoing is a true and correct Ordinances of the City of Buffalo be supplemented by adding statement of all bids received and that Supreme Painting & thereto the following: NO PARKING Wallpapering, in the amount of Seven Thousand Six PROHIBITED PORTION OF HIGHWAY Hundred and 00/1 00 Dollars ($7,600.00) is the lowest Wright Avenue, west side between East Delavan Avenue. responsible bidder in accordance with the plans and and Northerly Dead End specifications. Wright Avenue, east side between East Delavan Avenue I recommend that Your Honorable Body authorize the and Northerly Dead End Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are Ellicott District available in the 36322206 4451 00 - Buildings. I hereby submit to Your Honorable Body the following Mr. Coppola Moved: changes for City Hall, Elevator Modernization Low Rise, That the above communication from the Commissioner of General Construction, DCB Elevator, C #92010806. Public Works, Parks and Streets dated September 2, 2004, 1. Replace flooring in Elevators be received and filed; and 1,2,5,6 & 7. Add $ 2,466.00 That the Commissioner of Public Works, Parks and Streets, The foregoing change results in a net increase in the be, and he hereby is authorized to award a contract for City contract of Two Thousand Four Hundred Sixty Six and Hall Observation Deck, Reconstruction and Repaint Ceiling, 00/100 Dollars ($2,466.00). to Supreme Painting & Wallpapering, the lowest responsible Summary: bidder, in theamountof$7,600.00. Current Contract Amount $955,306.50 Fundsfortheprojectareavailablein36322206445100Buildings. Amount of This Change Order (#4) Add $ 2,466.00 Passed. Revised Contract Amount $957,772.50 AYES - 8 - NOES - 0 Costs have been reviewed by the Consulting Architect (DiDonato Associates) and the Department of Public Works, No. 23 Parks & Streets and were found to be fair and equitable. Report of Emergency Bid Funds for this work are available in 36322206 4451 00 - 118 E. Utica - Friends to the Elderly Division of Buildings. Interior Restoration I request that Your Honorable Body authorize the Masten District Commissioner of Public Works, Parks & Streets to issue a On September 7, 2004 1 declared an emergency at 118 E. change order to the contractor as set forth above. Utica St., Friends to the Elderly because of severe water Mr. Coppola Moved: related damage due to a plumbing leak in two rooms in the That the above communication from the Commissioner of basement. I received the following emergency proposal: Public Works, Parks and Streets dated September 10, 2004, Miller Enterprises, Inc. $10,228.00 be received and filed; and 12 Newfield, Buffalo, NY That the Commissioner of Public Works, Parks and Streets I hereby certify that the foregoing is a true and correct be, and he hereby is authorized to issue change order No. 4, statement of all bids received and that Miller Enterprises, in to DCB Elevator Co., Inc., an increase in the amount of the amount of Ten Thousand Two Hundred Twenty Eight $2,466.00, as more fully described in the above and 00/1 00 Dollars ($10,228.00) was the lowest responsible communication, for work relating to Job No. 0326, City Hall, bidder in accordance with the plans and specifications. Elevator Modernization, Low Rise, C #92010806. Funds for I authorized payment as set forth above and request that this project are available in 36322206 445100 - Division of Your Honorable Body approve this work on the basis of the Buildings. emergency bid. Funds for this project are available in Passed 30338106 4451 00 Buildings. AYES - 8 - NOES - 0 Mr. Coppola Moved: That the above communication from the Commissioner of NO. 26 Public Works, Parks and Streets dated September 10, 2004, Repair to Street Cuts- 2002, Gr.#585 be received and filed; and Change Order Emergency street cuts repair: That the Commissioner of Public Works, Parks and Streets, 1. Jewett Ave. - Fillmore to Hill be, and he hereby is authorized to award a contract for II 8 2. Harmonia - Walden to Sycamore E. Utica Street, Friends to the Elderly, to Miller Enterprises, C. Destro Development Co., Inc. Inc., the lowest responsible bidder, in the amount of Contract #92010587 $10,228.00. Funds for the project are available in 3O338106 I hereby submit to our Honorable Body the following unit 445100-Buildings. price additions to the contract for the above named Project. Passed. This change order was necessary to plug waterline service AYES - 8 - NOES - 0 and sewer laterals at demolition sites. The above streets have been milled and should not be overlayed until the street No. 24 cut repairs have been made. Block Grant Fund Transfer Quantities necessary for the completion of defective areas Overlay of City Pavements - 2004 was beyond the original scope of this contract and was CDBG Reimbursement unforeseen. Item No. 43, C.C.P. 09/07/04 Contract Unit The referenced item as sent to this department for additional Item Description Price information. 05.416 Sawing Pavement/Concrete $3 The 2004-05 budget allocated $ 1.0 million to the Division of base for pavement repair Engineering for the repairing of city streets and other 08.830 Plug water service and sewer $1,363.08 infrastructure improvements. The budget also contained a lateral revenue due from BURA for $ 1.0 million. This transfer will 12.110 Maintenance & Protection $2,000.00 be deposited into a revenue account. It will not increase the Estimated Estimated budgeted amount for street improvements and thus will not Quantity Cost result in any additional improvements beyond those already 05.416 520 lin.ft. $1,560.00 contained in bids previously approved by the Council. 08.830 26 - each $35,440.08 REFERRED TO THE COMMITTEE ON FINANCE 12.110 1 -lump sum $2,000.00 Total $39,000.08 NO. 25 Original Contract $78,852.95 Change in Contract Increase in Contract $39,000.08 City Hall Total Contract to Date $117,853.03 Elevator Modernization - Low Rise Job #0326 Fund for this change are available in Division of Engineering PASSED Bond Fund Account #37650106 & #37650206. Attached is a AYES - 8 NOES - 0 list of locations for the above referenced streets. I respectfully certify that this change order is fair and NO. 30 equitable for the work involved, and respectfully request that CERTIFICATE OF APPOINTMENT your Honorable Body approve the subject Change order and CORRECTED COPY authorize the Commissioner of Public Works to issue said TO THE POSITION OF STREET WORKER AT THE INTER change order to C. Destro Development Co., Inc. SALARY OF $27,672 Mr. Coppola Moved: Jeffrey Mathewson, 809 Parkside Ave, Buffalo, NY 14216 That the above communication from the Commissioner of REFERRED TO THE COMMITTEE ON CIVIL SERVICE Public Works, Parks and Streets dated September 16, 2004, OM THE COMMISSIONER OF POLICE be received and filed; and FR That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to No. 31 C. Destro Development Co., Inc., an increase in the amount DRUG ASSET FORFEITURE CHECKS RECEIVED of $39,000.08, as more fully described in the above ITEM NO. 104, C.C.P. 2/2/88 communication, for work relating to Repair to Street Cuts - 8155-00120994 C2-02-0064 $904.69 2002, Group #585, C #92010587. Funds for this project are 8155-00120936 C2-04-0063 804.49 available in Division of Engineering Bond Fund Account 8155-00120666 C2-04-0082 603.21 #37650106 & 37650206. 8155-00120867 C2-04-0044 2,244.49 Passed C2-04-0094 1,549.69 AYES - 8 - NOES - 0 C2-04-0065 1,498.09 C2-04-0070 925.13 No. 27 C2-04-0082 801.21 Request for Information (9/8/04) C2-04-0088 1,699.69 Kleinhans, Shea's & Zoo C2-04-0079 375.93 Per your request, we offer the following: 8155-00120806 C2-04-0083 952.69 Kleinhans 8155-00120600 C2-04-0054 481.11 Accounts 34322206 and 36321606 are for the restoration of TOTAL $12,840.42 the building. The Drug Enforcement Administration (DEA) has Account 31246606 is a grant from Empire State administratively forfeited the above referenced property. Development and is for exterior restoration, including the The checks were received by this Department and duly reflecting pool, curbs, sidewalks and landscaping. deposited in the Trust & Agency Account, #20010000- Shea's 389001. These funds will be placed into one or more of the All three accounts (39232006, 35321306 and 31405856) are following accounts as deemed by the Commissioner of for the ongoing restoration of the building. Police: Zoo Educational Training/Seminar, Confidential Funds, Materials All three accounts were for projects that have been and Supplies, Firearms and Weapons, Communications and completed. Computers, Electrical Surveillance, Purchase of Services, At this time, the City still owns all three facilities. Various Improvements, Vehicles, Operating Equipment legal issues are being worked on to complete transfer to the If you have any questions regarding the above mentioned, County. It should be noted that the Sales Agreement please contact Chief Richard Ortiz at 851-5181. approved by the Common Council included the requirement REFERRED TO THE COMMITTEE ON FINANCE that any grants or bond funds that the City has for facilities must be spent on the respective building. NO. 32 REFERRED TO THE COMMITTEE ON FINANCE ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES" ITEM # 135 C.C.P. APRIL 13, 2004 NO. 28 The following information is submitted per the Council's TELCOVE AGREEMENT request for a monthly report m the Buffalo Police Department CCP NO. 51 JUNE 8, 2004 "R. FONTANA- TELCOVE AS documenting the number of citations and adjudication's TELECOMMUNICATIONS PROVIDER" thereof of the city's illegal dumping ordinances: ATTACHED IS A RIGHT-OF WAY LICENSE REFERRED TO THE COMMITTEE ON BUDGET AGREEMENT NEGOTIATED BETWEEN THE CITY OF BUFFALO AND TELCOVE OPERATIONS, INC. FOR NO. 33 YOUR CONSIDERATION "ENFORCEMENT OF NOISE ORDINANCES" REFERRED TO THE COMMITTEE ON FINANCE, AND ITEM #151, C.C.P. APRIL 13, 2004 THE CORPORATION COUNSEL The following information is submitted per the Council's request for a monthly report from the Buffalo Police NO. 29 Department documenting the number of noise ordinance THINKBRIGHT AGREEMENT citations and adjudications: ATTACHED FOR YOUR CONSIDERATION IS A August 2004 PROPOSED AGREEMENT BETWEEN THE CITY AND Total: 25 WNED REGARDING UTILIZATION OF THE BUFFALO REFERRED TO THE COMMITTEE ON LEGISLATION EDUCATION CHANNEL, CABLE CHANNEL 21, FOR THE THINKBRIGHT LIFELONG LEARNING SERVICE. FROM THE COMMISSIONER OF FIRE Mr. Coppola moved NO. 34 The proposed agreement attached between the City of RE: ROGER LANDER Buffalo and WNED utilizing The Buffalo Education Channel, 6 MONTH RESIDENCY WAIVER Cable Channel 21 by Thinkbright Lifelong hearing Service is Dear Commissioner: hereby approved. Please be advised, the Buffalo Fire Department is willing to are received from the State Department of Criminal Justice approve a 6-month residency request waiver for Director of Services. We expect the city to be 1 00% reimbursement for Homeland Security candidate, Roger Lander, any expenses incurred operating the program during the If I may be of further assistance, you may contact me at 851-contract year. 5333, ext. 351. Program Description: Goal: To implement a comprehensive REFERRED TO THE COMMITTEE ON CIVIL SERVICE and coordinated approach for the reduction and prevention of violent crime, The Buffalo Impact Project , (BYIP) will FROM THE COMMISSIONER OF ADMINISTRATION AND identify 40-high risk juvenile probationers ages 7-15, who FINANCE reside in targeted areas in the City of Buffalo. Under the of NO. 35 this model 80% to 85% of the youth in this pilot project will FOURTH QUARTERLY RPT. ON DIV. OF SUB. ABUSE successfully complete probation and remain arrest free. SERVICE This project is a collaborative effort between the City of ITEM 96, C.C.P. SEPTEMBER 7, 2004. Buffalo Community Services, Youth Bureau , the Buffalo This communication is in response to the above Police Department, Erie County Probation Department, referenced item. I have reviewed the report, particularly the Family Court, Child and Family Services of Erie County and "Expenditure and Revenue" section, and concluded that the several other community organization. Division of Substance Abuse Services has achieved the goal REFERRED TO THE COMMITTEE ON FINANCE of self-sustainability. For the 2003-04 fiscal year, the Division had expenses of $972,418.47 against a budget of FROM THE CITY CLERK $1,006,205.34. This equates to savings of $33,786.87. NO. 38 On the revenue side of the ledger, the Department has LIQUOR LICENSE APPLICATIONS received and/or invoiced reimbursements totaling Attached hereto are communications from persons $1,081,896.23 against a budget of $992,742 for an overage applying for liquor licenses from the Erie County Alcohol of $89,154.23. Revenue over expenses for the 2003-04 Beverage Control Board. fiscal year equals $109,477.76 supporting the conclusion of Address Business Name Owner's Name self-sustainability. 914 Kenmore ave. Jacobi's Family Rest. Salvatuice Jacobi I trust this satisfies your inquiry. As always, I am available to One Porter Ave. (2) Buffalo Yacht Club T. C. Monnin-Wright meet with the Common Council to discuss this item further if 72-76 Pearl St. (2) Pearl St. Brewing Co. Not given necessary. 1048 Clinton St. Club Chit Chat Gary Prozyshyn REFERRED TO THE COMMITTEE ON BUDGET RECEIVED AND FILED NO. 36 NO. 39 K. SCHNARS-FAULTY PARKING METERS 400 BLOCK LEAVES OF ABSENCE WITHOUT PAY OF I transmit herewith notifications received by me, reporting ELMWOOD AVE. the granting of the leaves of ITEM#131,C.C.P.09/07/04 absence without pay, in the various departments as listed: In response to the above referenced, I investigated Ms. Police- Cleveland Wilson, Patty Jo Krolikowski, Idella Abram, Kelly Schnars complaint and offer the following results: Deidre Carswell, Stacy Lewis, Ms. Schnars received numerous parking violations at Community Services- Terrance Chatfield, Donna M. Gerst- parking meters in the 400 block of Elmwood Avenue Lentini between January and August 2004; to be precise 16 meter Human Resources- David Gannon violations and other various violations. RECEIVED AND FILED. Subsequently her vehicle was booted and towed for non payment of these fines. NO. 40 In my opinion Ms. Schnars is a disgruntled parker who has REPORTS OF ATTENDANCE decided to take out her bad fate on the Parking Violations I transmit herewith communications received by me, from Bureau. the various boards, commissions, agencies and authorities However, I will instruct my personnel to monitor this area for reporting the membership attendance at their respective accuracy of the meters. meetings: Please feel free to contact me if you have any questions. Buffalo Sewer Authority RECEIVED AND FILED RECEIVED AND FILED NO. 37 NO. 41 THE BUFFALO YOUTH IMPACT PROJECT Action Requested of the Council: The City of Buffalo Youth NOTICES OF APPOINTMENTS - COUNCIL INTERNS Bureau applied for and received a fully executed contract for I transmit herewith appointments to the position of Council a grant project of one year for $171,719-00 (grant funds Intern. $150.910.00 and match of $20,809.00) from the New York Mr. Coppola moved the approval of the appointments to the State Department of Criminal Justice Services (DCJS) to position of Council Intern fund the Buffalo Youth Impact Project. The Mayor has ADOPTED. approved the program and has signed the contract supporting our efforts. The program focuses on reducing CERTIFICATE OF APPOINTMENT juvenile crime in the City of Buffalo. The Department of Appointment Effective: September 14, 2004 Community Services, Youth Bureau requests to following in the Department of Common Council to the Position of two actions from the Council: Intern VI, Seasonal, Non-Competitive at the: Flat Starting 1. Please grant the Department of Community Services, Salary of: $10.00/hr Youth Bureau permission to accept the contract and, Ronald Conrad, 51 Albemarle St., Buffalo, NY 14207 2. Please approve our request for an inter-fund loan for $150,910.00 to operate the program until reimbursements CERTIFICATE OF APPOINTMENT Appointment Effective: September 14, 2004 in the The equal employment act of 1972 applied this provision of Department of Common Council to the Position of Intern I the civil rights act to state and local governmental Seasonal, Non-Competitive at the Flat Starting Salary of: jurisdiction, as well as the private sector An discrimination $ 7.00/hr Act 1%7 American with disabilities act ADA 1990 Vietnam Dawn Marek-Kaney,22 Cazenovia St.,Buffalo, NY 14220 Veteran 1974 38 USC 4212 John Fuqua, 112 Ivy Street, Buffalo, NY 14211 Use of Black list. tampering with Personnel Iines and Joe Davis, 89 Treehaven Rd., Buffalo, NY 14215 records. Since New York state is one of the thirteen original states NO. 42 that ratified the United States Constitution by a vote of 30 to APPOINTMENTS - TEMPORARY, PROVISIONAL OR 27 July 26, 1788, , New York State's Government PERMANENT Employees should comply with these guidelines. I transmit herewith Appointments in the various RECEIVED AND FILED departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). NO. 45 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. J. BURNS-REPORTING OF WILD ANIMALS Dear Sir/Madam: CERTIFICATE OF APPOINTMENT Chapter 680 of the Laws of 2002 enacted General Municipal Appointment Effective September 15, 2004 in the Law §209-cc, requiring the annual reporting of the presence Department of Assessment and Taxation to the Position of of wild animals. Pursuant to this law, each person owning, Assistant to Assessor, Permanent Appointment at the flat possessing or harboring a wild animal as set forth in §209-cc Starting Salary of $26,270 must report its presence to your office on or before April 1, of Alvina J. Zielinski, 786 McKinley Pkwy, Buffalo NY 14220 each year. In turn, you are required to forward a copy of the completed Report forms to each state police troop, county sheriff and municipal police agency having jurisdiction over NON-OFFICIAL COMMUNICATIONS, PETITIONS AND the location of the wild animals reported. In addition, a copy REMONSTRANCES NON-OFFICIAL COMMUNICATIONS must be forwarded to each fire department, fire corporation, NO. 43 or fire company serving the location, and to each ambulance NIAGARA PENINSULA-INTERNATIONAL TRADE or emergency medical service department, ambulance CORRIDOR PROJECT corporation, or ambulance or emergency medical service REFERRED TO THE COMMITTEE ON COMMUNITY company serving such location. DEVELOPMENT Enclosed are copies of-. 1. Chapter 680 of the Laws of 2002, which enacted General NO. 44 Municipal Law §209-cc requiring the annual reporting of the C. BURCH-INFO LAWS CONCERNING DISCRIMINATION presence of wild animals. Welcome back as the school year progress I rise every 2. A list developed and maintained by my office, setting forth morning waiting for the telephone to ring so I can respond to the common names of the animals to be reported under request for my services. To this day I have not received a GML §209-cc. telephone request. When you have a job, you have a place 3. A Report form for reporting the presence of wild animals to to go. People at work know who you are and you have your office. sense of belonging and a feeling of being employed: I need Please note that in lieu of forwarding a copy of each Report to know if I am still employed or unemployed? form, you may compile the contents of several Reports and The issues of requirement for this position include a degree forward the compilation to the recipients instead. related to the position from and accredit institution, evidence My office has determined that the timing of the availability of of teaching excellence, ability to perform collaborative the Report form should be within the discretion of each planning and experience teaching grades K- 12 from municipal clerk. Therefore we advise that you make the culturally diverse background with special needs. I have Report form available for a reasonable time prior to April 1, been employed as a teacher since 1990 with formal of each year. education beyond a masters degree and teaching expertise. Should you have any questions, please visit the Office of Listed below are some of the issues of Fair employment Fire Prevention and Control's website at practices legislation, Federally mandated Statutes such as www.dos.state.ny.us or contact the Office at (518) 474-6746. the New York State Issues Quinn bill 1945, which created REFERRED TO THE COMMITTEE ON LEGISLATION a permanent special state commission charged with the task of eliminating discrimination in employment because of race, NO. 46 creed, color or national origin. Recent federal civil-right CONSOLIDATION W/ BUFFALO WATER SYSTEM legislation accomplishes the same purpose the use of job, ITEM #121, C.C.P. SEPTEMBER 7, 2004 analysis and implement programs designed to aid the Dear Council Members: disadvantaged government employee. As per your request, we have reviewed the information and Executive order 11246 correspondence attached which was presented to Council at C.F.R. Chapter 40 the September 7th session related to this matter and under Title VH 1964 COURT DECISION AND NATIONAL consideration by Committee. LEGISALATION in Griggs vs. the Duke power company, the American Water has stated previously that many options and Supreme Court held that the employer requirement that a opportunities are available to improve the Buffalo Water candidate for promotion Have a high school diploma or pass System and agree, as suggested in the letter attached, that a standardized intelligence test unduly discriminated against more cost effective alternatives should be fully explored with blacks or minorities The court noted that neither requirement the New York State's Drinking Water Revolving Fund before was significantly related to the job under consideration and a consolidation is finalized. American has also previously artificial standard Imposed by the requirement worked to stated and will reiterate that an independent third party disqualify Negroes at a substantially higher rate than white evaluation of fbnding alternatives available to the Water applicants. Board and the City of Buffalo should be undertaken to upgrade both infrastructure and facilities through the use of Associates which terminates in the year 2023. Marine Buffalo Associates these funds. is interested in purchasing the leasehold interest of the city in the We remain available to assist the Water Board and members subterranean garage and we would appreciate the opportunity to speak of Council to evaluate these options. with you regarding that possibility. REFERRED TO THE COMMITTEE ON FINANCE I would appreciate it if you would call me upon receipt of this letter and hopefully we can schedule a meeting between my clients and the NO. 47 appropriate representatives of the City of Buffalo. INFO REFERRED TO THE COMMITTEE ON FINANCE MANDATORY SPAY/NEUTER FOR IMPOUNDED DOGS After doing a small amount of research concerning similar NO. 53 legislation in New York State I found that New York City has The Use of surveillance cameras to deter crime in such an ordinance. It has been challenged a few times and Los Angeles once to the NYS Supreme Court and upheld. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW I have two concerns about the proposed Buffalo ordinance:REFERRED TO THE COMMITTEE ON FINANCE, POLICE 1 . Should an owner be unable to afford the surgery COMMISSIONER AND CORPORATION COUNSEL and but otherwise be willing to comply, will there be some assistance program for that owner to help pay the cost of NO. 54 spay/neuter or will the owner have to relinquish the dog and MINORITY UTILIZATION REPORTS possibly cause that animal to be euthanized? I'm quite COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW certain that the reason this ordinance has worked well in RECEIVED AND FILED NYC is that dogs can be sterilized by the City in the case of low income owners. NO. 55 2. 1 don't see the reason for the owner to have the option to Rezoning 500 Carlton Street but out of the ordinance. Again, this penalizes the low (Item 140, CCP September 7, 2004) income owner while possibly allowing those that are The above matter was referred to the Legislation Committee for a engaged in illegal activities with dogs to buy out and keep hearing, and to the Planning Board and the Corporation Counsel for their their dog intact. consideration. REFERRED TO THE COMMITTEE ON LEGISLATION By way of history, earlier this year the Zoning Board of Appeals and the No. 48 Planning Board authorized the issuance of a zoning variance at 500 Board Packet Documents 09/07/04 Carlton Street to allow the erection of a freestanding billboard. Without Attached are the following documents from the September 7, 2004 Joint the variance, the erection of a billboard at 500 Carlton would not Schools Construction Board Meeting. otherwise be permitted because the parcel carries a residential zoning of Draft Agenda "R2". A billboard would be allowed on adjoining parcels zoned Meeting Minutes from JSCB Meeting dated August 4, 2004 commercially as "CM". Application and Certificate for Payment No. 25 - August 2004 Because the parcel is within 600 feet of a federally funded highway, the Buffalo Schools Project Team Directory New York State Department of Transportation ("NYSDOT") has Bevlar & Associates Inc. Construction Contract Monitoring and jurisdiction over the erection of billboards regardless of whether local Compliance Services Monthly Report for Addendum I Project -July 2004government authorities have per mitted them. RECEIVED AND FILED NYSDOT has declined to issue its pen-nit for the erection of a billboard at 500 Carlton on the grounds that the variance granted by the Zoning NO. 49 Board of Appeals may not be determined to be consistent with the overall ARTICLE DRUG IMPORTS land-use plan of the City of Buffalo. NYSDOT is concerned, therefore, COPY AVAILABLE IN TH E CITY CLERKS OFFICE FOR REVIEW that the erection of a billboard may not comply with Federal regulations RECEIVED AND FILED that govern NYSDOT in such matters. We believe, to the contrary, that the issuance of the variance is entirely consistent with the overall land- NO. 50 use plan, with the prior commercial history of the parcel, with the present T. WANAMAKER INFO zoning scheme where the parcel abuts a commercial district, and with CITY’S LOAN PROGRAM applicable federal regulations. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Nevertheless, as an alternative resolution of these concerns, we have REFERRED TO THE COMMITTEE ON LCOMMUNITY DEVELOPMENTpro posed that the parcel be rezoned from "R2" to "CM". From the City of Buffalo's perspective, we believe that a rezoning would not be practically NO. 51 different from the variance that was granted by the Zoning Board of AGREEMENT WITH CUSTOM LIGHTING SERVICES Appeals. However, we also believe that a rezoning would carry On April 13, 2004, the Common Council authorized the administration to substantial weight in obtaining a favorable determination from NYSDOT enter into an agreement with Custom Lighting Services in an effort to in its construction of applicable federal regulations and the decision to enhance service and lower costs for the City of Buffalo relative to the issue the NYSDOT permit. city's street lighting inventory. We would be happy to answer questions and provide any further I am eager to hear how the study is going and, would like you to file a information at the hearing in this matter or afterwards, as you may report and recommendation with the Common Council. Please file your request. response with the Council on or before Thursday, September 16, 2004. RECEIVED AND FILED Thank you for your attention to this matter, and if you have any questions regarding my request, do not hesitate to contact me. NO. 56 REFERRED TO THE COMMITTEE ON FINANCE SEQR Review Construction of Frank Lloyd Wright NO. 52 Rowing Boathouse & Associated Land One HSBC Center- Subterranean garage The above referenced Erie County capital project received a coordinated The undersigned represents Marine Buffalo Associates, the owner of One review for Unlisted Actions pursuant to 6 NYCRR, Part 617 - Article 8, of HSBC Center. the New York State Environmental Conservation Law. This review was As you know, the City of Buffalo operates the subterranean garage at conducted by the City of Buffalo in February/March 2003, with the City of One HSBC Center pursuant to a long-term lease with Marine Buffalo Buffalo Planning Board acting as SEQR Lead Agent. The City of Buffalo Buffalo $ 1,367.50 Planning Board issued a A. 3. David L. Rockwell vs. City of Buffalo $60,000.00 SEQR negative declaration for this action on March A. 4. Anthony L. Samuel vs. City of Buffalo $ 4,000.00 26,2003 (see attached), which was adopted by the Erie County That checks be drawn on the account of Org 17221008 (480205) Legislature by resolution on November 13, 2003 (also attached). Judgment and Claims Prior Years, or (480204) Current Fiscal Year, The coordinated review conducted by the City of Buffalo assessed the payable to the respective claimants or plaintiffs and their attorneys, if any, impacts of the construction of an approximately 4,300 sq. ft. Frank Lloyd herein above named, in the amounts set opposite their names and Wright - designed boathouse. The new boathouse will be used by local delivered to them upon execution and delivery to the Corporation rowing clubs to store and launch rowing shells. In addition, it is Counsel of proper releases and closing papers. anticipated that the boathouse will be visited by tourists interested in Passed Frank Lloyd Wright architecture. In order to complete construction of the AYES - 8 - NOES - 0 boathouse, the State University of New York (SUNY) will convey or otherwise transfer property rights to a parcel of land adjacent to the West NO. 61 Side Rowing Club to Erie County. Erie County will lease this parcel to the Property Damage Frank Lloyd Wright Rowing Boathouse Corporation. To replace the That, upon the recommendation of the Corporation Counsel, the following property conveyed or otherwise transferred to Erie County, the N.Y. State actions for personal injury arising out of alleged negligence on & part of Division of Military and Naval Affairs (the Division) will convey or the City of Buffalo be compromised and settled: otherwise transfer adjacent property to SUNY for future expansion of the B. 1. Michael Coyne, 8 I Red Jacket Parkway, 14220 Great Lakes Education Center facility. In turn, property located near the This claim is for reimbursement for a tire, which as damaged on May 18, Colonel Ward Pumping Station will be conveyed or otherwise transferred 2004 in front of 85 Red Jacket Parkway. $135.80 by the City of Buffalo Water Board, to the Division for relocation of the B. 2. Randolph Gipson, 192 Floss Avenue, 14215 Division's truck depot facility. This is a claim for reimbursement for damages sustained to a 2003 REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT Pontiac Grand Prix on March 31, 2004. $1,381.81 B. 3. Doris V. Howard, 193 East Delevan, 14208 NO. 57 This is a claim for reimbursement damage to fence and awning at 193 CHARTER SCHOOLS East Delevan Avenue. $1,270.00 B. An Experiment With Our Children's Education 4. Delilah Kearney, 145 College Street, 14201 Let's Take Time to Reflect This is a claim for reimbursement of a 1997 Mazda. $2,000.00 Buffalo Teachers Federation B. 5. Patricia Kless, 87 Payne Avenue, 14220 271 Porter Ave. This is a claim for reimbursement for the cost of a tire, which was Buffalo, NY 14201 destroyed on June 27, 2004, in front of 88 Payne Avenue. $83.70 (716) 881-5400 - phone B. 6. Andrew Krawchuk, 1295 Hertel Avenue, 14216 (716) 881-6678 – fax This is a claim for reimbursement of plumbing expenses incurred during www.btfny.org August, 2003, for services performed at 390 Amherst Street. $421.09 COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW B. 7. Liberty Mutual Insurance Company, as subrogee of Dina REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD Thompson, c/o Carman, Callahan & Ingham, LLP 266 Main Street, OF EDUCATION Farmingdale, NY 11 73 5 On November 11, 2003, a City tree fell in front of 3 9 Blantyre and caused PETITIONS substantial damage to a vehicle owned by Dina Thompson. $2,204.65 B. 8. Salvatore R. Martoche, 514 Main Street, Apt. # 502, 14202 NO. 58 On May 28, 2004 the Hon. Salvatore Martoche was entering the parking A.White, Agent, Use 381 E. Ferry St.-Illuminated Ground garage into the basement of the Buffalo City Court building. The door Sign (ELLICOTT) came down and damaged Judge Martoche's car. $ 277.22 The attached is for Common Council Approval; but per Permits, no public B. 9. William McKnight, 1736 Hertel, 14216 hearing is required. This is a claim for reimbursement for a car window, which was broken on PASSED June 29, 2004, in the vicinity of the West Ferry Street lift bridge. A city PER PLANNING BOARD APPROVAL employee was weed whacking in that area when a stone was propelled AYES - 8 - NOES – 0 and broke claimant's window. $165.00 B. 10. Rose Morinello, 789 Potomac Avenue, 14209 NO. 59 This is a claim for reimbursement for damages sustained to claimant's L. McClive, Agent, Use 864 Delaware Ave.-Ground Sign (NIAGARA vehicle on April 23, 2004, in front of 793 Potomac Avenue. Sanitation (Phone #775-0104 Department, in the process of picking up garbage, accidentally damaged The attached is for Common Council Approval; but per Permits, no public claimant's vehicle when one of the totes fell off the lift. $673.93 hearing is required. B. 11. Gerald E. Nostrant, 84 Harding Road, 14220 REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING This is a claim for reimbursement for a tire that was destroyed on June BOARD AND 20, 2004, in front of 88 Harding Road. $142.07 CORPORATION COUNSEL. B. 12. Kathleen Pochron, 255 Holly Street, 14206 This is a claim for reimbursement for a tire, which was destroyed on May Regular Committees 16, 2004, in front of 248 Holly Street. $67.45. B. 13. Inez Proctor, 308 Dodge Street, 14208 CLAIMS This is a claim for reimbursement sustained to claimant's gate and fence (James D. Griffin, Chairman) at 314 Dodge Street. $2,399.75 B. 14. Annette Sattelberg, 11 12 Parkside Avenue, 14214 NO. 60 This is a claim for reimbursement for a tire that was destroyed on June 2, Personal Injury 2004 in front of 1012 Parkside Avenue. $68.47 That, upon the recommendation of the Corporation Counsel, the following B. Mark Scanlon, 17 Choate Avenue, 14220 15. actions for personal injury arising out of alleged negligence on the part of This is a claim for reimbursement for damages to a 2002 Chevy the City of Buffalo, be compromised and settled: Silverado, which occurred on April 30, 2004, at the Cazenovia Park Golf A. 1 . Elba Flores vs. City of Buffalo $ 1,000.00 Course. A. 2. Richard Morris and Charlotte Morrison vs. City of $840.80 service agreement with Simplex Grinnell. The claim is for Invoice B. 16. Geraldine Weber, 6 Rosemead Lane, Cheektowaga, NY Number 12666797 for work 14227 performed on May 27, 2004. $213.00 This is a claim for reimbursement for damages to claimant's Ford Taurus C. 13. Slimplex Grinnell, 45 Earhart Drive, Williamsville, NY 14221 on June 29, 2004, in the vicinity of Niagara Square. $447.07 This is a claim for word done by Simplex for the Department of Public That checks be drawn on the account of Org 17221008 (480205) Works, Parks and Streets (Buildings), which was not covered by the Judgment and Claims Prior Years, or (480204) Current Fiscal Year, service agreement with Simplex Grinnell. The claim is for payment of payable to the respective claimants or plaintiffs and their attorneys, if any, Invoice Number 12605257. herein above named, in the amounts set opposite their names and $288.50 delivered to them upon execution and delivery to the Corporation That checks be drawn on the account of Org 17221008 (480205) Counsel of proper releases where such releases are indicated. Judgment and Claims Prior Years, or (480204) Current Fiscal Year, Passed payable to the respective claimants or plaintiffs and their attorneys, if any, AYES - 8 - NOES - 0 herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation NO. 62 Counsel of proper releases where such releases are indicated. Miscellaneous Invoices Passed That upon the recommendation of the Corporation Counsel and the AYES - 8 - NOES - 0 appropriate City Departments, the following claims be paid: NO. 63 C. 1. City of Buffalo, Treasury Department, 117 City Hall, 14202 Miscellaneous Refund/Reimbursement This is a claim for reimbursement to the City Treasurer for their clearing That upon the recommendation of the Corporation Counsel and the account to compensate for fees taken out by the bank (M&T) for credit appropriate City Departments, the following claims be paid: card payments. $7,940.83 D. 1. Davidson, Fink, Cook, Kelly & Galbraith, LLP, 1700 First Federal C. 2. Thomas H. Burton, Esq., 716 Brisbane Building 14202 Plaza, Rochester, NY 14614 This is a claim for payment of an invoice for legal services This is a claim for reimbursement for the overpayment of user fee costs rendered concerning a Federal Court case, Staton vs. on property commonly known as 65 Andover Street. $20.07 O'Connell, City of Buffalo, et al. $2,156.21 D. 2. Jennifer Fendya, 516 West Ferry Street 14222 C. 3. Damon & Morey LLP, I 000 Cathedral Place, 298 Main Street, This is a claim for reimbursement for user fee costs paid to the City of 14202 Buffalo over the previous year. $39.64 This is a claim for payment of Invoice Numbers 132782, 134553, 134552 D. 3. Sarah Hughes, 103 Carmen Road, Amherst, NY 14226 and 134551 for legal services rendered to the Department of Human This is a claim for reimbursement for medical expenses and the cost of Resources. $6,230.00 eyeglasses which were damaged as a result of a fall down on March 2, C. 4. Frontier Special Services, P.O. Box 281, Cheektowaga, NY 2004, in Niagara Square. $643.85 14225 That a check be drawn on the account of Org 17221008 (480205) This is a claim for payment of an invoice for investigative work done for Judgment and Claims Prior Years, or (480204) Current Fiscal Year, the Department of Law. $3,156.25 payable to the respective claimants or plaintiffs and their attorneys, if any, C. Jaeckle, Fleischmann & Mugel, Fleet Bank Building, Twelve 5.herein above named, in the amounts set opposite their names and Fountain Plaza, delivered to them upon execution and delivery to the Corporation 14202-2292 Counsel of proper releases where such releases are indicated. This is a claim for payment of Invoice Number 108251 for legal services Passed rendered to the Department of Law. $5,228.21 AYES - 8 - NOES - 0 C. 6. Jaeckle, Fleischmann & Mugel, Fleet Bank Building, Twelve Fountain Plaza, 64 14202-2292 Report to the Claims Committee This is a claim for payment of Invoice Numbers 108491, 109612, 110359, E. 1. John Verbocy, do City Clerk's Office, 1308 City Hall, 14202 110363 and 110496 for legal services rendered to the Department of This matter has been referred to the Committee on Claims at the July 6, Human Resources. $10,708.98 2004 meeting of the Common Council. When Charles Michaux C. 7. LexisNexis, P.O. Box 7247-7090, Philadelphia, PA 19170-attempted to hire John Verbocy for a three-month period of time but the 7090 Common Council chose not to confirm his appointment. This is being This is a claim for online services rendered to the Department of Law and placed on the agenda for discussion. Mr. Verbocy is seeking $3 5 0 for payment of Invoice No. 0403150972. $890.00payment of wages for duties he performed during this past spring. C. 8. MMA Consulting Group, 41 West Street, Boston, MA 021 11$ 350.00 This is a claim for payment of Invoice Number 1109 for services rendered That a check be drawn on the account of Org 17221008 (480205) to the Fire Department. $5,059.45 Judgment and Claims Prior Years, or (480204) Current Fiscal Year, C. 9. Malcolm, Pirnie, P.O. Box 1938, Buffalo, NY 14219-0138 payable to the respective claimants or plaintiffs and their attorneys, if any, This is a claim for payment of a prior fiscal year invoice for services herein above named, in the amounts set opposite their names and rendered on behalf of the Department of Public Works, Parks and delivered to them upon execution and delivery to the Corporation Streets. $12,200.00Counsel of pro per releases where such releases are indicated. C.10. RP Mechanical, 7165 Genesee Road, Springville, NY 14141This is Passed a claim for work performed on heating and cooling systems in police AYES - 8 - NOES - 0 district buildings ("B" District and "C" District) on May 19, 24, 26, 28, 2004 CIVIL SERVICE and June I and 3, 2004. RP Mechanical did not send the bill for these (BONNIE E. RUSSELL, CHAIRPERSON) services rendered until after July I"; to wit, July 8"', 2004. NO. 65 $5,690.06 APPT-DEPUTY COMPTROLLER (MAX) (COMPTROLLER) C.11. Robert J. Rabin, 125 Harrington Road, Syracuse, NY 13224 (CCP# 29 SEPT 7, 2004) This is a claim for arbitrator services rendered to the Department of That the above item be and the same hereby is received and Human Resources for PERB Case No. A2002-405. $1,036.66 filed. C.12. Simplex Grinnell, 45 Earhart Drive, Williamsville, NY 14221 ADOPTED This is a claim for work done by Simplex for the Department of Public Works, Parks and Streets (Buildings), which was not covered by the NO. 66 APPT-SECY TO COMM OF HUMAN RESOURCES (MAX) ADOPTED (HR) (CCP# 63 JULY 20, 2004) NO. 74 That the above item be and the same hereby is received APPT- MAILROOM CLERK (INTER) (A&F) and filed. (CCP# 95 SEPT 7, 2004) ADOPTED That the above item be and the same hereby is received and filed. NO. 67 ADOPTED APPOINTMENT SENIOR ENGINEER* (INTER) (PW) NO. 75 (C.C.P # 61, SEPT 7, 2004) BUDGET AND PERSONNEL AMENDMENT That Communication 6 1, Sept. 7, 2004 be received and 03 - MAYOR 1501 - EXECUTIVE filed and the permanent appointment of Steven Stepniak (ITEM NO. 177, C.C.P., SEP. 7, 2004) stated above at the intermediate salary of $49,578 effective That the Budget and Personnel Amendment as contained on August 4, 2004 is hereby approved. in Item No. 177, C.C.P., PASSED September 7, 2004, be and the same hereby is approved. AYES - 8 NOES - 0 PASSED AYES – 8 NOES – 0 NO. 68 APPOINTMENT NO. 76 WATER DISTRIBUTION SUPT (MAX) (PW) NOTICES OF APPT. TEMP/PROV/PERM (C. CIL) (C.C.P # 62, SEPT 7, 2004) (CCP# 109 SEPT 7, 2004) That Communication 62, Sept. 7, 2004 be received and That the above item be and the same hereby is received filed and the permanent appointment of Frank Mangione Jr and filed. stated above at the maximum salary of $55,662.00 effective ADOPTED on July 19, 2004 is hereby approved. PASSED FINANCE AYES - 8 NOES - 0 (BRIAN C. DAVIS, CHAIRMAN) NO. 77 NO. 69 OSP CONTRACT PERSONNEL FOLLOW UP REPLY APPOINTMENT AUDIT RESOLUTION(COMPT) WATER METER MECHANIC (INTER) (PW) (CCP# 27, SEPT 7, 2004) (C.C.P # 63, SEPT 7, 2004) That the above item be and the same hereby is Received That Communication 63, Sept. 7, 2004 be received and and Filed filed and the permanent appointment of Eugene Kozlowski ADOPTED stated above at the Intermediate salary of $31,195.00 effective on August 9, 2004 is hereby approved. NO. 78 PASSED PERSONAL SERVICES CONTRACTS(BERC)(STRAT AYES - 8 NOES - 0 PLAN) (CCP# 8, JULY 6, 2004) NO. 70 That the above item be and the same hereby is Received APPOINTMENT and Filed WATER METER MECHANIC (MAX) (PW) ADOPTED (C.C.P # 64, SEPT 7, 2004) That Communication 64, Sept. 7, 2004 be received and NO. 79 filed and the permanent appointment of Andrew Barth stated PERSONAL SERVICES CONTRACTS(ASSESS & TAX) above at the Maximum salary of $33,350.00 effective on (CCP# 13, JULY 6, 2004) August 2, 2004 is hereby approved. That the above item be and the same hereby is Received PASSED and Filed AYES - 8 NOES – 0 ADOPTED NO. 71 NO. 80 APPT-CAPTAIN (MAX) (POL) PERSONAL SERVICES CONTRACTS(FIRE) (CCP# 71 SEPT 7, 2004) (CCP# 3 1, JULY 6, 2004) That the above item be and the same hereby is received That the above item be and the same hereby is Received and filed. and Filed ADOPTED ADOPTED NO. 72 NO. 81 APPT- LIEUTENANT (MAX) (POL) B. DAVIS-PERSONAL SERVICES CONTRACTS (CCP# 72 SEPT 7, 2004) (CCP# 52, JULY 6, 2004) That the above item be and the same hereby is received and That the above item be and the same hereby is Received filed. and Filed ADOPTED ADOPTED NO. 73 NO. 82 APPT- FIRE CAPTAIN (MAX) (FIRE) B. DAVIS-RESPONSE TO REQ FOR PERSONAL (CCP 73 SEPT 7, 2004) SERVICES CONTRACTS POLICE That the above item be and the same hereby is received (CCP# 72, JULY 20, 2004) and filed. That the above item be and the same hereby is Received TAX CANCELLATION 2004-2005 and Filed (ITEM NO. 32, C.C.P., SEPT. 7, 2004) ADOPTED That the adjustments on the General City Tax for 2004- 2005 as listed in the above communication, to provide for NO. 83 changes due to omitted or incorrect exemptions and CONTRACT APPROVAL - ELECTRONIC PAY STATIONS assessment errors be cancelled. That the Comptroller be, (ITEM NO. 90, C.C.P., SEPT. 7, 2004) and he hereby is authorized to prepare a check on General That the Director of Parking Enforcement be, and he City Charges Org. 17221008 Obj 480101 Tax Adjustment hereby is authorized to award a contract for Electronic Pay Fund, in favor of the City for the taxes as listed in the above Stations (Pay and Display) to Cale Parking Systems, the communication in the amount of $66,520.88. lowest responsible bidder, in the amount of $8, 1 00.00 per PASSED station for a contract term for one (1) year with three (3) AYES - 8 NOES - 0 years renewable if agreed by both parties. PASSED NO. 92 AYES - 8 NOES - 0 REFUND OF EXCESS TAXES BUFFALO VILLIAGE ASSOCIATES (LAW) NO. 84 (CCP# 81, SEPT 7, 2004) K. SCHNARS-FAULTY PKG METERS-400 BLOCK OF That the above item be and the same hereby is Received ELMWOOD AVE and Filed (CCP# 13 1, SEPT 7, 2004) ADOPTED That the above item be and the same hereby is Received and Filed NO. 93 ADOPTED A. THOMPSON-C. EVE WOMEN FOR HUMAN RIGHTS & DIGNITYO NO. 85 (CCP# 80, SEPT 7, 2004) RENTING CITY HALL SPACE (CCP# 83, SEPT 7, 2004) That the above item be and the same hereby is Received That the above item be and the same hereby is Received and Filed and Filed ADOPTED ADOPTED NO. 94 NO. 86 A. THOMPSON-C. EVE WOMEN FOR HUMAN RIGHTS & DISTRIBUTION OF GARBAGE TOTES (CCP# 46, JULY DIGNITY(ASSESS/TAX) 20, 2004) (CCP# 30, SEPT 7, 2004) That the above item be and the same hereby is Received That the above item be and the same hereby is Received and Filed and Filed ADOPTED ADOPTED NO. 87 NO. 95 VEHICLE AUCTION REVENUE(POL) CARE OF MAYORAL PORTRAITS(ARTS COMM) (CCP# 24, JUNE 8, 2004) (CCP# 3, SEPT 7, 2004) That the above item be and the same hereby is Received That the above item be and the same hereby is Received and Filed and Filed ADOPTED ADOPTED NO. 96 NO. 88 REQ. FOR WAIVER OF PERMIT FEES FOR GROUP EC WATER AUTH-EFC FINANCING AUTH'S PROPOSED WORK CAMPS ACQ OF COB WATER SYSTEM (ITEM NO. 86, C.C.P., SEPT. 7, 2004) (CCP# 75, JULY 20, 2004) That the Common Council and the Department of Permit That the above item be and the same hereby is Received and Inspection Services are in support of waiving permit fees and Filed for the group work camps. ADOPTED PASSED AYES -8 NOES - 0 NO. 89 B. DAVIS-L. STEPHENS-ERIE CO WATER AUTH-NO. 97 PROP CONSOLODATIJOTIW/ BFLO WATER SYSTE H. TAYLOR-FRUIT BELT/MED CORR TAX INCRE FIN (CCP# 121, SEPT 7, 2004) DIST RPT(128,3/18)(#83,3/5) That the above item be and the same hereby is Received (CCP# 122, SEPT 7, 2004) and Filed That the above item be and the same hereby is Received ADOPTED and Filed ADOPTED NO. 90 DELINQUENT ECIDA & CITY PILOT AGREEMENTS NO. 98 (AAAEAA/TAX) H. TAYLOR-CTR FOR URBAN STUDY-FRUIT (CCP# 31, SEPT 7, 2004) BELT/BFLO NIAG MED CAMPUS That the above item be and the same hereby is Received (129,3/18)(#29,12/26) and Filed (CCP# 123, SEPT 7, 2004) ADOPTED That the above item be and the same hereby is Received and Filed NO. 91 ADOPTED Mr. Fontana moved that the above item be recommitted to LEGISLATION the Committee on Legislation (RICHARD A. FONTANA, CHAIRMAN) ADOPTED. NO. 99 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (LEGISLATIVE.) (ITEM NO. 240, C.C.P., JULY 20, 2004) NO. 106 That the above item be, and the same hereby is returned to ORDINANCE AMENDMENT - CHAPTER 511 - ZONING the Common Council without recommendation. (RESIDENTIAL OVERLAY) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 247, C. C.P. , JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is ADOPTED. returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 100 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (STOP-WORK) (ITEM NO. 241, C.C.P., JULY 20, 2004) NO. 107 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (SOUTH PARK) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 248, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 101 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511- ZONING ADOPTED. (DEFINITIONS) (ITEM NO. 242, C. C.P., JULY 20, 2004) NO. 108 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (ABBOTT/MCKINLEY) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 249, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 102 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (DELAWARE REVIEW) (ITEM NO. 243, C.C.P., JULY 20, 2004) NO. 109 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (SENECA) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 250, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 103 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (ELMWOOD REVIEW) (ITEM NO. 244, C.C.P., JULY 20, 2004) NO. 110 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (APPLICATION) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 25 1, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 104 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (ALLEN DISTRICT) (ITEM NO. 245, C.C.P., JULY 20, 2004) NO. 111 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (REVIEW) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 252, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 105 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (SPECIAL DELAWARE) (ITEM NO. 246, C.C.P., JULY 20, 2004) NO. 112 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (PERMITTED USES) (ITEM NO. 253, C.C.P., JULY 20, 2004) That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (SCREENING) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 260, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 113 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (LIGHTING) (ITEM NO. 254, C.C.P., JULY 20, 2004) NO. 120 That the above item be, and the same hereby is returned to ORDINANCE AMENDMENT - CHAPTER 51 1 - ZONING the Common Council without recommendation. (ADDITIONAL DEF ) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 26 1, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 114 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (TEMPORARY) (ITEM NO. 255, C.C.P., JULY 20, 2004) NO. 121 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 51 1 - ZONING to the Common Council without recommendation. (EXEMPT) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 262, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Co without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 115 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (PERMANENT) (ITEM NO. 256, C.C.P., JULY 20, 2004) NO. 122 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (ANIMALS) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 263, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED, to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 116 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (COMER) (ITEM NO. 257, C.C.P., JULY 20, 2004) NO. 123 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 51 1 - ZONING to the Common Council without recommendation. (YARDS) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 264, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 117 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (STORAGE) (ITEM NO. 258, C.C.P., JULY 20, 2004) NO. 124 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (PAVING) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 265, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to NO. 118 the Committee on Legislation ORDINANCE AMENDMENT - CHAPTER 511 - ZONING ADOPTED. (SPACE) (ITEM NO. 259, C.C.P., JULY 20, 2004) NO. 125 That the above item be, and the same hereby is returned ORDINANCE AMENDMENT - CHAPTER 511 - ZONING to the Common Council without recommendation. (GENERAL) Mr. Fontana moved that the above item be recommitted to (ITEM NO. 266, C.C.P., JULY 20, 2004) the Committee on Legislation That the above item be, and the same hereby is returned ADOPTED. to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO. 119 NO. 126 ORDINANCE AMENDMENT - CHAPTER 175 - FEES B. DAVIS - HISPANICS UNITED - SUPP. ZONING (BIRTH CERT.) CHANGE FROM RESIDENTIAL TO COMMERCIAL - (ITEM NO. 209, C.C.P., JULY 20, 2004) 10TH STREET That the above item be, and the same hereby is returned (ITEM NO. 5 7, C. C. P., JUNE 8, 2 004) to the Common Council without recommendation. (ITEM NO. 87, C.C.P., JULY 6, 2004) That after the public hearing before the Committee on That the above item be, and the same hereby is returned Legislation on September 14, 2004, the Ordinance to the Common Council without recommendation. Amendment as contained in Item No. 209, C.C.P., July 20, Mr. Fontana moved that the above item be recommitted to 2004, be and the same hereby is approved. the Committee on Legislation PASSED ADOPTED. AYES - 8 NOES - 0 NO. 130 NO. 127 M. JORDAN-CLOVER CONST. REQ. APPEAL PRES R. PETER MORROW, PETITION TO REZONE 500 BD. RULING DEMO GAS STATION 757 MAIN ST. CARLTON STREET (#71,5/1 1)(#I, 2/3)(ELL) (PRES. BD.) (ITEM NO. 140, C.C.P., SEPT. 7, 2004) (CCP#84-6/22) That the Common Council of the City of Buffalo does That the above item be and the same hereby is received and hereby ordain as follows: filed. That that part of the Zoning Ordinances of the City of ADOPTED Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a C-M" NO. 131 Commercial District rather than a "R-2" Residential District M. JORDAN-CLOVER CONST. REQ. APPEAL PRES BD. for the premises known as 500 Carlton Street and more RULING DEMO GAS STATION 757 MAIN ST. particularly described as follows: (#72,5/1 1)(#66, 2/3)(#33, 1/6) (#81,12/9)(#61,11/12)(#1 1 ALL THAT TRACT OR PARCEL OF LAND situate in the City 1,9/30)(#87,9/2) (ELL) (PRES. of Buffalo, County of Erie and State of New York, being part BD.) of Lot No. 22, Township I 1, and Range 8 of the Holland (CCP#85-6/22) Land Company's Survey, bounded and described as follows: That the above item be and the same hereby is received and BEGINNING in the northerly line of Carlton Street at a point I filed. 00 feet westerly from the intersection of said northerly line of ADOPTED Carlton Street with the westerly line of Grey Street and at the southwest comer of lot of land conveyed by John L. NO. 132 Kimberly, to Alvis Proll by deed recorded in Erie County A. THOMPSON - W. MULL & OTHERS - REQ. Clerk's Office in Liber 315 of Deeds at page 247 and running DEDICATION OF PRECINCT #12 ROOM thence northerly on the westerly line of said Proll's land 130 IN MEMORY OF DORIS ANN LEWIS feet; thence westerly on a line parallel with Carlton Street (ITEM NO. 143, C.C.P., SEPT. 7, 2004) 130 feet to a point; thence southerly parallel with Grey Street That pursuant to Section 286-3 of the City Code, community 130 feet to the said northerly line of Carlton Street; thence dedication of Precinct Officer Doris Ann Lewis. easterly on the line of said Carlton Street 130 feet to the PASSED point of beginning. AYES - 8 NOES - 0 That the proposed rezoning is not inconsistent with a well- considered plan for the development of the City as described NO. 133 in Section 511-2 of Chapter 511 of the Code of the City C. HERRING & OTHERS - REQ. E. FERRY & KEHR TO E. Buffalo, and that the proposed rezoning is not in conflict with FERRY & WYOMING TRAILBLAZER SIGNS local objectives in the development of the City as a whole. "REV. DARIUS G. PRIDGEN BOULEVARD" That this rezoning shall not be effective unless and until a (ITEM NO. 144, C.C.P., SEPT. 7, 2004) certified copy thereof has been filed by the petitioner in the That the Commissioner of Public Works, Parks & Streets offices of the Erie County Clerk's Office and proof of such be, and he hereby is authorized to install trailblazing signs filing is submitted to the City Clerk's Office. beneath the existing street signs on E. Ferry & Kehr to E. That this Common Council finds this action to be an Unlisted Ferry & Wyoming proclaiming that portion as.... Rev. Darius Action under the S.E.Q.R. Act and adopts petitioner's G. Pridgen Boulevard." findings such that no further environmental review is PASSED required under said Act. AYES - 8 NOES - 0 It is hereby certified, pursuant to Section 34 of the Charter that the immediate passage of the foregoing ordinance is NO. 134 necessary. C. JAMES & O-OPPOSE PKG. TO BE USED FOR ECC PASSED CITY CAMPUS AYES – 8 NOES - 0 (CCP#145-9/7) That the above item be and the same hereby is received and NO. 128 filed. P. GERVISS, PETITION TO USE 3 NIAGARA STREET - ADOPTED BLUMINATED GROUND SIGN (ITEM NO. 58, C.C.P., JUNE 22, 2004) NO. 135 That the petition of P. Gerviss, agent, for permission to use APPT. LIAISON-STATE LIQUOR AUTHORITY (CCP#1- 3 Niagara Street for an illuminated ground sign be, and 9/7) hereby is approved. That the above item be and the same hereby is received PASSED and filed. AYES - 8 NOES - 0 ADOPTED NO. 129 NO. 136 Appt. Russell E. Pawlak-Buffalo Preservation Board (ccp# 61,09/06) (CP) That the above item be and the same hereby is Received (CCP#31-7/20) and Filed That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 146 S. Thomas-Prop. Minutes-Bflo/EC Bd. Of Trustees NO.137 (CCP#79-7/20) A.Thompson-Living Wage Comm. That the above item be and the same hereby is received and (CCP#60-7/6) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 147 T. Hall & Others - Req. Alternate Parking on Wright NO. 138 Avenue A. Thompson-G.Holt-EC Legislature Appr. Of LL#9 Re: (Item No. 85, C.C.P.,July 20, 2004) MBE/WBE Cont That the above item be, and the same hereby is returned to Commitments the Common Council without recommendation. (CCP#81-7/20) Mr. Fontana Moved: That the above item be and the same hereby is received and That the above item be received and filed filed. RECEIVED AND FILED ADOPTED NO. 148 NO. 139 T. Hall & Others - Req. Alternate Parking on Wright Curfew Law Fine Schedule (Law) Avenue (PW) (CCP#76-9/7) (Item No. 60, C.C.P., Sept. 7, 2004) That the above item be and the same hereby is received and That the above item be, and the same hereby is returned to filed. the Common Council without recommendation. ADOPTED Mr. Fontana Moved: That the above mentioned item be and the same is hereby is NO. 140 approved Enforcement of Noise Ordinance (Pol) PASSED (CCP#54-7/20) AYES – 8 – NOES – 0 That the above item be and the same hereby is received and filed. NO. 149 ADOPTED B. Davis - M. Mauro - Ellicott Square Building - 294 Washington Street, Req. Loading NO. 141 Zone Parking after 5:00 pm Enforcement of Noise Ordinance (Pol) (Item No. 120, C.C.P., Sept. 7, 2004) That the above item be, and the same hereby is returned (CCP#66-9/7) to the Common Council without recommendation. That the above item be and the same hereby is received and Mr. Fontana moved that the above item be recommitted to filed. the Committee on Legislation ADOPTED ADOPTED NO. 142 NO. 150 M. Coppola-Var. Art.-False Alarms, Noise Levels, Short U.S. Bankruptcy Ct.-Adelphia Comm. Corp. et al Coping, Drug Costs (CCP#138-9/7) (CCP#1 19-9/7) That the above item be and the same hereby is received That the above item be and the same hereby is received and and filed. filed. ADOPTED ADOPTED COMMUNITY DEVELOPMENT NO. 143 (Joseph Golombek Jr., Chairman) Notif. Serials #9957, 9960-63 (PW) (CCP#33-9/7) NO. 151 That the above item be and the same hereby is received and NYSDEC-Chern Core Site Remedial Design/Cleanup filed. (NIAGARA) ADOPTED (CCP#76-7/20) That the above item be and the same hereby is received NO. 144 and filed. B. Davis-K. German-Req. Conserv. To Recog. ADOPTED Johnson Pk. As Part of Org. (CCP#46-6/8) NO. 152 Mikol, NYSDEC-Inv. Of Steelfields Voluntary That the above item be and the same hereby is received and filed. Cleanup Program ADOPTED (CCP#57-5/25) That the above item be and the same hereby is received NO. 145 and filed. a. Thompson-Tires-Req Removal 537 E. Delavan Ave ADOPTED NO. 161 M. COPPOLA-BEN ART-"RESISTANCE TO NO. 153 REIMPORTATION OF CHEAPER M. Raab-Co. of Erie-DEP-Prop. Transfer Station at DRUGS IS WEAKENING" Steel Field Site in Hickory Wood (CCP#1 16-9/7) Neighborhood THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS (CCP#60-5/25) RECEIVED AND FILED. That the above item be and the same hereby is received ADOPTED and filed. ADOPTED NO. 162 M. COPPOLA-MONEY ART-"ILLINOIS FIRST TO BUY NO. 154 DRUGS ABROAD" B. Davis-Var. Correspondence re: Belle Center Cuts in (CCP#1 18-9/7) Funding That the above item be and the same hereby is received and (CCP#49-6/8) filed. That the above item be and the same hereby is received and ADOPTED filed. ADOPTED NO. 163 CITY/CO MERGER-PW/DISPATCHERS/HEALTH CARE NO. 155 DEPENDENT AUDIT Results of Negotiations - 336 Emslie, 592 & 596 William (#27,2/3) (Item No. 14, C.C.P., Mar. 30,2004) (CCP#95-3/30) (Item No. 146, C.C.P., July 20, 2004) THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS That the above item be, and the same hereby is returned to RECEIVED AND FILED. the Common Council without recommendation. ADOPTED Mr. Golombek moved that the above item be recommitted to the Committee on Community Development NO. 164 ADOPTED. CITY/CO MERGER OF PW & DISPATCHERS (A&F) (#31,2/17) No. 156 (CCP#96-3/30) Holbrook-Bflo. Olmsted Parks Cons.-Pos. Paper-Peace THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS Bridge Exp. Proj. RECEIVED AND FILED. (CCP#125-9/7) ADOPTED That the above item be and the same hereby is received and filed. NO. 165 ADOPTED RE BMHA DISCUSS ELIM COB’S CONTR OBLIG SUBSIDIZE No. 157 F. DOUGLAS TOWERS G. Holworth-Opinion Re: Peace Bridge THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS Exp. Project(CCP# 126-9/7) RECEIVED AND FILED. That the above item be and the same hereby is received ADOPTED and filed. ADOPTED NO. 166 BUDGET COMMITTEE ENF OF ILLEGAL DUMPING ORDINANCES (DOMINIC J. BONIFACIO JR., CHAIRMAN) (CCP#53-7/20) NO. 158 THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS JOHNSON-BFSA-CITY'S CASH FLOW BORROWING RECEIVED AND FILED. (CCP#55-7/6) ADOPTED That the above item be and the same hereby is received and filed. NO. 167 Adopted ENF. OF ILLEGAL DUMPING ORDINANCES (CCP#65-9/7) THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS NO. 159 RECEIVED AND FILED. CERT. OF DETERMINATION-GEN. IMP. SCHOOL ADOPTED SERIAL BONDS $17,945.00 (COMPT) (CCP# 11-6/8) NO. 168 That the above item be and the same hereby is received and REQ. BD. ED. IMPLE. SINGLE filed. HEALTH INS PROV FOR ALL BD ED UNIONS ADOPTED CCP 149 9/7 THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS NO. 160 RECEIVED AND FILED. J. GOLOMBEK JR. -"21 POINTS FOR THE 21 " ADOPTED CENTURY" (CCP#83-9/2) RESOLUTIONS THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS NO. 169 RECEIVED AND FILED. BY: MR. BONIFACIO, JR. ADOPTED MANDATORY SPAY/NEUTERING FOR IMPOUNDED/SEIZED DOGS Whereas: Each year the City Animal Shelter temporarily LOCAL LAW PROPOSING TO ESTABLISH THE POSITION houses thousands of dogs. Many are impounded or seized OF HOMELAND SECURITY COORDINATOR; AND dogs removed from City of Buffalo properties; and Whereas: The Local Law establishes the position under Whereas: The reasons a dog may be seized vary but they Section 6-55 of the City Charter and states that the include inhumane conditions or use in suspected illegal coordinator shall be appointed by the Mayor; and activities; and Whereas: While the Common Council concurs with a Whereas: Working with these dogs can be a very dangerous Mayoral appointment, it also believes that the position job. They especially are unpredictable and often react to a should be of "commissioner level" and require confirmation situation in a way a person may not anticipate; and from the council as well. Whereas: Of all the dogs that are handled by Animal Shelter Therefor Be It Resolved: personnel, the ones to exhibit the most unexpected and That this Common Council requests that the Corporation hazardous behaviors tend to be dogs seized from properties prepare the appropriate amendment to include in Section 6- that are unaltered; and 55, " The Mayor shall appoint, subject to confirmation by the Whereas: Most Animal Rights Groups and medical Common Council"; and personnel agree that there are valid advantages to having a Be It finally Resolved: dog spayed or neutered. They include: a better, more That this resolution be refereed to the Committee on affectionate demeanor for the dog; a reduced risk of certain Legislation for further consideration. cancers and illnesses for the dog; prevention of unwanted, REFERRED TO THE COMMITTEE ON LEGISLATION uncared for dogs; less transmission of disease and/or injury to a human or animal; and a reduced fee for services such NO. 172 as mandated licenses; and BY: BRIAN C. DAVIS Whereas: For the overall health, well being and behavior of HISPANICS UNITED INITIATIVE APPLICATION TO THE the dog, changes to the City Dog Control Ordinance in NEW YORK STATE MAIN STREET PROGRAM sections concerning the authority of the Animal Shelter are WHEREAS: THE STATE OF NEW YORK RECENTLY UNVEILED A NEW $20 MILLION needed; NEW YORK GRANT Now, Therefore, Be It Resolved: MAIN STREET That the Common Council of the City of Buffalo requests the program to help revitalize communities through building following changes t o the appropriate City Ordinance: renovations, downtown business or cultural anchors and All dogs, five months or older, impounded/seized from streetscape enhancements ancillary to other program proper-ties with in the City of Buffalo and housed at the City, activities; and the City of Buffalo mandates the spaying/neutering of the Whereas: Directed by the State Housing Trust dog before it is returned to it's owner or adopted; and Fund Corporation and the Division of Housing and The owner of the dog shall cover the cost of spaying or Community Renewal, this program will fund up to $200,000 neutering; and on a competitive, Proof of ownership to include one of the following: a NYS reimbursement basis to not-for-profits that will serve as Local dog license, (valid or not), Veterinarian/Medical records, pet Program Administrators and in turn administer local grant store proof of dog purchase, and/or county rabies clinic programs along eligible commercial corridors; and certificate; and If ownership cannot be proved, the dog shall Whereas: The Buffalo Common Council welcomes follow the procedures set up by the City Animal Shelter for this new State funding source as it strengthens the goals an abandoned dog; and and actions for revitalization identified in the City's Now, Therefore, Be It Further Resolved: Comprehensive Plan, the CARE (Commercial Area That the Common Council of the City of Buffalo does hereby Revitalization Effort) program and the Mayor's Livable request the Law Department to prepare the appropriate Communities Initiative which uses the targeted approach in ordinance and fee schedule to reflect the above information designated neighborhoods known as Comprehensive Code and file it with the Common Council as soon as possible for Enforcement Areas (CCE); and their review, and Whereas: As proposed by Hispanic United, Now, Therefore, Be It Finally Resolved: requesting dollars for facade improvements within the Lower That this Honorable Body does hereby request that this Westside (Lakeview Planning Area). The project will resolution be referred to the appropriate Council Committee encompass many properties within the Lower Westside and until such time as the Council deems it no longer needed to act as a further incentive for full restoration of this community have before them. to commercial and residential use. ADOPT FIRST TWO RESOLVES REMAINDER TO Whereas: Located in one of the Strategic LEGISLATION Investment Corridors highlighted in the City Comprehensive plan, improvements to the Lower Westside (Lakeview No. 170 Planning Area) are key to the continuing investment in the By: Mr. Coppola Buffalo Niagara Region and more specifically this much Council Member Griffin Excused From Council Meeting needed target area that will help meet the goals of the RESOLVED: Queen City Hub downtown plan. That Council Member James D. Griffin be and hereby is Now, Therefore, Be It Resolved: excused from attendance at the Common Council Meeting of That the Common Council of the City of Buffalo September 21, 2004, enthusiastically endorses Hispanics United application for ADOPTED. facade improvements to the Lower Westside commercial and residential strips and calls upon the State of New York NO. 171 to give every consideration to funding this very worthy submission to the BY: MR. COPPOLA New York State Main Street Program; and AMENDMENT TO THE PROPOSED LOCAL LAW Finally, Be it Resolved: ESTABLISHING THE POSITION OF HOMELAND That copies of this resolution be sent to the NYS Western SECURITY COORDINATOR New York Delegation, the Speaker of the NYS Assembly WHEREAS: THE COUNCIL IS CURRENTLY and the NYS Senate Majority and Minority Leaders. CONSIDERING IN THE LEGISLATION COMMITTEE A ADOPTED Whereas: It is no longer necessary for this item to be NO. 173 considered by that committee; BY: MR. DAVIS Now, Therefore Be it Resolved: OPPOSE NATIONAL FUEL DELIVERY SERVICE That this Common Council does hereby discharge the CHARGE RATE INCREASE Legislation Committee from further consideration of Item Whereas: National Fuel Gas Distribution Corporation is a #141 C.C.P. September 7,2004 "W. Murphy, Agt, Use 1301 division of National Fuel Gas Company and is commonly Fillmore-Illum. Grnd. Sign w/Reader Brd. (No Pub. Hrg referred to in Western New York as National Fuel; and Req.) (Mast)" and said item is now before the Common Whereas: In August 2004, National Fuel Gas Distribution Council for its consideration. Corporation requested permission from the New York State ADOPT DISCHARGE Public Service Commission, (PSC), to raise its Delivery PASSED Service Charges by 5.6%, effective July 2005; and AYES - 8 NOES – 0 Whereas: By National Fuel Gas representatives estimation. if the PSC approved this rate hike, the average residential NO. 175 customer in Western New York, who subscribes to the SPONSOR: MR. FONTANA National Fuel Budget Plan would see an increase by CO-SPONSORS:MR. GOLOMBEK AND MR. DAVIS $6.17/month; and HOME RULE MESSAGE - ASSEMBLY BELL #A1969 AND Whereas: According to National Fuel Gas, the need for the SENATE BELL #S1035 - "AN ACT TO AMEND THE Tate increase is related to the cost of providing service to ALCOHOLIC BEVERAGE CONTROL LAW, IN RELATION customers and includes the operating costs associated with TO LICENSE FEES" pipeline maintenance and service improvement programs, Whereas: A Bill has been introduced in the NYS Assembly, construction and taxes; and #A1969, and in the NYS Senate, #S1035- "an act to amend Whereas: National Fuel Gas credits "successful cost the alcoholic beverage control law, in relation to license containment strategies" as to why the Company has been fees"; and able to avoid the need for a Delivery Service Charge Whereas: The City of Buffalo is home to many Increase since 1995 -, and establishments that are required to purchase a liquor license Whereas: Local customers of National Fuel Gas have seen in order to sell alcoholic beverages; and exorbitant increases to their Gas Supply Charges over the Whereas: Many of these establishments are small, past few years, resulting in fuel bills that have increased by neighborhood-based bars and restaurants; and more than 30%, and Whereas: The cost of a two-year liquor license for a Whereas: The increases to the Gas Supply Charges business located in the City of Buffalo is $3,100, while the combined with the below average temperatures Western same suburban-based business pays $1,500 for the same New Yorkers have had to endure the past few seasons have two year license; and created a serious hardship for many in paying their fuel bills, Whereas: The New York State Liquor Authority cites many bills of which have more than doubled in recent years: "population differences" and a higher population density in and the City of Buffalo and a lesser population and density in the Whereas: Most City of Buffalo residents a s w ell a s t hose suburbs as the reason for this higher rate charged to throughout all o f Western New York feel it is an unfair businesses located in the City of Buffalo; and burden for them to be responsible for the enormous pension Whereas: Over the past few decades, the population has and health care costs of National Fuel employees as well as shifted to the suburbs and away from the city; yet the license the annual bonuses that executives at National Fuel Gas fees charged by the New York State Liquor Authority have receive that into total millions of dollars; not been modified to reflect the population shift away from Now, Therefore, Be It Resolved: the City of Buffalo; and That the Common Council of the City of Buffalo does hereby Whereas: The current policy and fee schedule, which go on record in opposition of the National Fuel Gas penalizes businesses in the City of Buffalo, must be changed Distribution Corporation Delivery Service Charge rate so that city establishments no longer pay an exorbitant increase; and amount more than their suburban counterparts for the same Now, Therefore, Be it Further Resolved: license; and That the Common Council of the City of Buffalo does hereby Whereas: By reducing license fees in the City of Buffalo to direct the City Clerk's Office to send certified copies of this the same levels that are charged in the suburbs, new resolution to National Fuel Gas and the Public Service businesses and larger chain restaurants would be Commission as formal notification of this Council's encouraged to locate in the City of Buffalo. Equal fees opposition to the rate increase; and would also serve to keep existing city based businesses Now, Therefore, Be It Finally Resolved: from being enticed to move their establishments to the lower That this Honorable Body does hereby request that this priced suburban areas outside the City of Buffalo; resolution be referred to Common Council's Finance Now, Therefore, Be It Resolved: Committee until such time as the Committee Members deem The Common Council of the City of Buffalo goes on record in it no longer to be before them. support of Assembly Bill 4AI969 and Senate Bill #S1035- "an ST ADOPT 1 2 RESOLVES FINAL TO THE COMMITTEE ON act to amend the alcoholic beverage control law, in relation FINANCE to license fees"; and Be it Further Resolved: NO. 174 That the City Clerk send certified copies of this resolution to BY: MR. FONTANA Governor George Pataki, to Assembly speaker Sheldon DISCHARGE LEGISLATION-COMMITTEE Silver, to the Clerk of the Assembly, to Assembly Majority ITEM #141 C.C.P. SEPTEMBER 7,2004 Leader Paul Tokasz, to the Secretary of the Senate, to "W. MURPHY, AGT, USE 1301 FILLMORE-ILLUM. Senate Majority Leader Joseph Bruno, to members of the GRND. SIGN W/READER BRD. (NO PUB. HRG REQ.) Western New York delegation, to the New York State Liquor (MAST)" Authority, and the Corporation Counsel for their comments Whereas: The above item is currently in the and response. Legislation Committee; and ADOPTED NO. 178 NO. 176 BY MR. GOLOMBEK BY: MR. FRANCZYK PREVENT ILLEGAL DEMOLITIONS CO-SPONSOR(S): MR. GOLONIBEK, JR. Available for review in The City Clerk’s Office OPPOSE DEMOLITION OF E.M. ATWATER HOUSE REFERRED TO THE COMMITTEE ON LEGISLATION AND WHEREAS: BUFFALO'S RICH ARCHITECTURAL COMMISSIONER OF PERMITS AND INSPECTIONS AND LEGACY AND UNIQUE CHARACTER IS ONCE AGAIN PRESERVATION BOARD THREATENED BY AN APPLICATION BY PANO'S RESTAURANT TO DEMOLISH THE STRUCTURE AT 1089 NO. 179 ELMWOOD AVENUE, KNOWN AS THE E.M. ATWATER BY: MS. RUSSELL HOUSE, AND BUDGET AND PERSONNEL AMENDMENT WHEREAS: The Atwater House is a striking example 21 - FIRE of Queen Anne Architecture built in 1894, and its needless 1131 - ADMINISTRATION loss would greatly impoverish the appearance and essence The Common Council of the City Of Buffalo does ordain as of a vibrant city neighborhood for a parking lot. The building follows: is characterized by its unique tower and medina sandstone That part of Section I of Chapter 35 of the Code of the City of construction. In recent years, a neighborhood bakery was Buffalo, relating to 21 - Fire, 1131 Administration which located at the site; and currently reads: WHEREAS: Density is the hallmark of a vibrant 2 Senior Account Clerk Typist $ 26,861 - $ 30,114 urban streetscape, as is witnessed by such successful 1 Associate Account Clerk $ 29,179 - $ 33,897 neighborhoods as Cambridge, MA., Georgetown, Greenwich Is hereby amended to read: Village in New York, and elsewhere, where parking is always 1 Senior Account Clerk Typist $ 26,861 - $ 30,114 hard to find, yet the neighborhood teems with people 2 Administrative Assistant $ 33,545 - $ 38,584 walking. The closest Buffalo has to these neighborhoods is IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Elmwood Avenue, which is still an area where people walk Charter, that the immediate passage of the foregoing from place to place; and ordinance is necessary. WHEREAS: Pano's Restaurant is a thriving business We, MICHAEL L. D'ORAZIO, COMMISSIONER OF FIRE positively impacting on the neighborhood, but it has AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET, apparently already begun the process of "demolition through hereby certify that the above change is necessary for the neglect," by allowing broken windows to exist at 1089 proper conduct, administration and performance of essential Elmwood; and services of that department. We recommend that the WHEREAS: The City of Buffalo should work with compensation for said position be fixed at the respective Pano's to help them solve their parking problem without amount set forth in the foregoing ordinance. demolishing the Atwater House, acknowledging and Approved as to form appreciating Pano's role as a good business for the Corporation Counsel community; PASSED NOW THEREFORE BE IT RESOLVED: AYES - 8 NOES - 0 That the Common Council urges the Preservation Board to recommend that the Commissioner of Pen-nit and NO. 180 Inspections withhold any demolition permits for 1089 BY MR. THOMPSON Elmwood until any and all avenues have been explored to FELICITATIONS/IN MEMORIAM develop an alternative to its destruction, ensuring that the ATTACHED HERETO ARE FELICITATION AND IN applicant fully complies with Chapter 103 of the City Charter MEMORIAM RESOLUTIONS SPONSORED BY MEMBERS and Chapter 337, protecting historic structures and OF THE COMMON COUNCIL AS INDICATED: regulating demolitions; and Felicitation for Alternative Transportation Day BE IT FURTHER RESOLVED THAT: By Councilmernbers Golombek, Franczyk, Coppola That the Common Council is opposed to the demolition of Felicitation for Am Pol Eagle 1089 Elmwood Avenue; and By Councilmember Golombek BE IT FURTHER RESOLVED THAT: ADOPTED That the Common Council is committed to working with Pano's Restaurant to find a solution to its parking needs NO. 181 without tearing down 1089 Elmwood Avenue; and BY: ANTOINE M. THOMPSON BE IT FINALLY RESOLVED THAT: APPOINTMENTS This item be referred to the appropriate Council Committee COMMISSIONERS OF DEEDS until it is no longer deemed necessary to keep in Committee REQUIRED FOR THE PROPER by the Committee Members. PERFORMANCE OF PUBLIC DUTIES ST ADOPT 1 3 RESOLVES LAST RESOLVE REFERRED That the following persons are hereby appointed as TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Commissioner of Deeds for The term ending December 31, AYES – BONIFACIO, FRANCZYK, GOLOMBEK, RUSSELL, 2004, conditional upon the persons so appointed certifying THOMPSON – 5 NOES – COPPOLA, DAVIS, FONTANA - 3 under oath to their qualifications and filing same with the Janine Mogilski Karen Privateer NO. 177 Total 2 BY MR. GOLOMBEK ADOPTED EXAMINE TAXI RATES AVAILABLE FOR REVIEW IN THE CITY CLERK’S NO. 182 OFFICE BY: ANTOINE M. THOMPSON REFERRED TO THE COMMITTEE ON LEGISLATION, THE APPOINTMENTS DIRECTOR OF LICENSES AND THE CORPORATION COMMISSIONER OF DEEDS COUNSEL THAT THE FOLLOWING PERSONS ARE HEREBY APPOINTED AS COMMISSIONER OF DEEDS FOR THE TERM ENDING DECEMBER 31, 2004, CONDITIONAL, UPON THE PERSON SO APPOINTED CERTIFYING UNDER OATH TO THEIR QUALIFICATIONS AND FILING SAME WITH THE CITY CLERK: Dena Curran Tota1: 1 ADOPTED NO. 183 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Sept. 28, 2004 at 9:30 o'clock A.M. Committee on Finance Tuesday, Sept. 28, 2004 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, Sept. 28, 2004 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, Sept. 29, 2004 at 10:30 o'clock A.M. Special Committees Bi-National Bridge Thursday, Sept. 23, 2004 at 2:00 o'clock P.M. in Room 1417 City Hall. Education Committee Wednesday, Sept. 29, 2004 at 2:00 o'clock P. M. in Council Chambers. (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. 184 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 3:30 pm CHARLES L. MICHAUX, III CITY CLERK