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05-0531
No.11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 31, 2005 EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David MAYOR A. Franczyk, Bonnie E. Russell Members Hon. Anthony M. Masiello COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER DELAWARE DISTRICT Marc A. Coppola DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC J. BONIFACIO Jr. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH JEFFERY CONRAD - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CLAIMS COMMITTEE: Jeffery Conrad Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Jeffery Conrad, Marc A. Coppola,- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO November 2004 - $918 increase TUESDAY, MAY 31, 2005 $688.50 NYS Thru. AT 2:00 P.M. 229.50 City of Buffalo $918.00 PRESENT – David A. Franczyk, President of the The rental forgiveness the City would be liable for is Council, and Council Members Bonifacio, Conrad, $454.50. The Board of Parking at its regular monthly Coppola, Davis, Fontana, Golombek, Russel AND meeting of May 26,2005 voted to recommend to your Thompson -9 Honorable Body that Allright NY Parking Inc. d/b/a Central Systems be granted $454.50 rent forgiveness On a motion by Mr. Coppola seconded by for 155 Washington Street. Mr.Fontana, the minutes of the stated meeting held on REFERRED TO THE COMMITTEE ON FINANCE AND May 17, 2005 were approved THE CORPORATION COUNSEL FROM THE MAYOR NO. 1 NO. 3 REVISED 4 YEAR PLAN RESULTS OF BIDS Dear Mr. Lipke: WEBSTER BLOCK - 75 MAIN STREET Under this cover please find the City of Buffalo's AUD LOTS 1, 2 & 3 revised four-year plan reflecting changes made to my The existing lease agreement for the above stated 2005-06 recommended budget by the Common surface parking lots are set to expire June 30, 2005. Council. Revenues have been revised upward $60,000 The Board of Parking advertised for new three (3) year in the adopted budget, reflecting a change in the Rental lease agreements on May 5, 2005 and held a public bid Dwelling Registration fee (see item B), and opening in 1801 City Hall at 11:00 a.m. on May 25, appropriations have been modified by $295,000 2005. reflecting Common Council priorities. Due to the uncertainty of a National Hockey League One of the Council's modifications involved the addition season this fail and winter due to the expiration of the of two Building Inspector positions and a Clerk for the players contract, The City of Buffalo sought two Rental Dwelling Registration program. While the proposals for these surface lots. Common Council eliminated other positions elsewhere Proposal One assumes a full NHL season. If there is a to help pay for these positions, there is an increase partials strike/lockout, the bidder was asked to give a of$118,000 in the personnel lines for 2005-06 as a nightly dollar amount to be credited against the rent due result of these changes. Given increased fringe benefit - e.g. Sabres loss ten (10) games of the season - 10 costs, primarily pension costs, this $118,000 increases games x dollars amount = credit. to $143,000 in 2006-07, $144,000 in 2007-08 and Proposal Two assumes no NHL season, and the $145,000 in 2008-09. remaining evening events(lacrosse, concerts, circus, In order to cover these increased costs in the final two ice shows, etc) years of the plan, State Aid has been increased The results are as follows: $84,000 in 2007-08 and $85,000 in 2008-09. These Webster Block - 75 Main Street increases bring the total amount of increased State Aid (current annual rental Proposal No. 1 $241,241 contained in this plan to $21.59 million (see items 6 and Proposal No. 2 $161,161) 7) under new PEG actions. As always, my staff and I are available to discuss these BIDDER changes in detail. Thank you for your continued ANNUAL RENTAL cooperation. Allright NY Parking, Inc. d/b/a REFERRED TO THE C0MMITTEE ON BUDGET Proposal No. 1 - $ 303,241 Central Parking System ($2700 nightly credit no NHL game) FROM THE MAYOR - EXECUTIVE DEPARTMENT 107 Delaware Ave - Suite One FROM THE BOARD OF PARKING Proposal No. 2 - $192,541 NO. 2 Buffalo NY 14202 (No NHL season) RENT FORGIVENESS Pro Park LLC 155 WASHINGTON ST Proposal No. 1 $272,272 Allright NY Parking Inc. d/b/a Central Parking System 464 Main St - Suite 200 has requested a $16,000 rent credit, for the above ($1900 nightly credit no NHL game) stated surface parking lot, due to the loss of the 2004-Buffalo, NY 14203 05 National Hockey League Season. Proposal No. 2 - $185,185 The annual rental payable is 45~, of which 75% is paid (No NHL season) to the NYS Thruway Authority and 25% to the City of Standard Parking Buffalo. The agreement calls for a 2% increase in Proposal No. 1 - $261,000 November 2003 and November 2004. 125 Carlton St The NYS Thruway Authority and the Board of Parking $2750 nightly credit no NHL game) have both denied the request for a $16,000 rent Buffalo, NY 14203 forgiveness. Proposal No. 2 - $151,000 The NYS Thruway Authority and the Board of Parking (No NHL season) have agreed to waive the 2% increase for 2003 and Sportservice 2004. The forgiveness would be as follows: Proposal No. 1 - $250,000 November 2003 - $900 increase 40 Fountain Plaza $ 675 NYS Thru. ($1829 nightly credit no NHL game) $ 225 City of Buffalo Buffalo NY 14202 $ 900 Proposal No. 2 - $175,000 (no NHL season) time fully endorses it. At this time the attached draft AUD LOTS 1, 2 AND 3 Comprehensive Plan is being forwarded to your BIDDER Honorable Body for your review and comments. These ANNUAL RENTAL comments are required to be incorporated into the Standard Parking SEQR process. At the conclusion of the SEQR process Proposal No. 1 - $34,250 the City Planning Board will approve and adopt the 125 Carlton Street Comprehensive Master Plan and ask that your ($275 nightly credit No NHL game) Honorable Body due the same. Buffalo, NY 14203 REFERRED TO THE COMMITTEE ON COMMUNITY Proposal No. 2 - $23,250 DEVELOPMENT (No NHL season) Allright NY Parking Inc. d/b/a NO. 5 Proposal No. 1 - $35,000 LOCAL WATERFRONT REVITALIZATION Central Parking System PROGRAM [: DRAFT LWRP ($537 nightly credit no NHL game) The City Planning Board at its regular meeting held 107 Delaware Ave - Suite One Tuesday, April 26, 2005, considered the matter Buffalo, NY 14202 captioned above pursuant to Section 18-48 of the Proposal No. 2 - $13,000 Buffalo Code, Matters Referable to the City Planning (No NHL season) Board. The City Planning Board has reviewed the Pro Park LLC draft Local Waterfront Revitalization Program (LWRP) Proposal No. 1 - $25,525 for the City of Buffalo, prepared by the Office of 465 Main St - Suite 200 Strategic Planning, and at the above referenced ($333 nightly credit no NHL game) meeting accepted the SEQR Negative Declaration Buffalo, NY 14203 approved by your Honorable Body on December 31, Proposal No. 2 - $12,212 2003, and approve and adopt the Draft LWRP plan. (No NHL season) The LWRP can only be in draft form until your body and At its regular monthly meeting of May 26, 2005 Board of the Department of State approve the document. All Parking voted to recommend new three (3) year leases Planning Board comments have been included in the be awarded to the highest responsible bidders with re-write of the attached document. At this time the draft annual rentals as follows: LWRP is being forwarded to your Honorable Body for WEBSTER BLOCK - 75 MAIN STREET your approval and adoption and for you body to forward Allright NY Parking Inc. d/b/a it to the Department of State. Proposal No. 1 - $303,241 REFERRED TO THE COMMITTEE ON COMMUNITY Central Parking Systems DEVELOPMENT ($2700 nightly credit no NHL game) 107 Delaware Ave - Suite One FROM THE BUFFALO PRESERVATION BOARD Buffalo, NY 14202 Proposal No. 2 - $192, 541 NO. 6 (no NHL season) CERTIFICATE OF APPROPRIATENESS AUD LOTS I, 2 AND 3 427 DELAWARE Allright NY Parking Inc. d/b/a Site address 427 Delaware Proposal No 1 - $35,000 Historic District ALLENTOWN Central Parking Systems The Buffalo Preservation Board approved the issuance ($537 nightly credit no NHL game) of a Certificate of Appropriateness for the property 107 Delaware Ave - Suite One listed above. The owner/contractor is authorized to Buffalo, NY 14202 perform the following exterior work: Proposal No. 2 - $13,000 Install a 25 1 x 6' w, seasonal sidewalk café in front of a Standard Parking's bid was rejected due to the fact 2 story masonry building to include: 5 tables/l 5 charts. that their bid contained three (3) objections to language 3, in the bid document, therefore, their bid was a 5’ w. wood planter boxes 1, 6 w. wood planter box & 2. "conditional bid" or an "altered bid" to suit their 5" w. x 42" h. black wrought iron railing sections with demands and did not conform with the City of Buffalo's the following condition: bid forms. that the area of the seasonal sidewalk oaf6 be REFERRED TO THE COMMITTEE ON FINANCEAND maintained & swept at the close of business each THE CORPORATION COUNSEL day/night NO DEVIATION PERMITTED: Section 33%25 of the FROM THE CITY PLANNING BOARD Buffalo Preservation Code states that it shall be unlawful to deviate from the proposed plans or any NO. 4 modification required thereto as approved by the CITY OF BUFFALO'S Preservation Board. COMPREHENSIVE PLAN The City Planning Board at its regular meeting held COURT ACTION. section 337-30 of the Buffalo Tuesday, May 24, 2005, considered the matter Preservation Code states that the Corporation Counsel captioned above pursuant to Section 18-47 of the is empowered to seek an injunction or other appropriate Buffalo Code, Comprehensive Master Plan. court order where it appears that the owner is about to The City Planning Board has reviewed the draft do or is doing work in violation of any of the provisions Comprehensive Master Plan for the City of Buffalo, relating to the issuance of this Certificate. prepared by the Office of Strategic Planning, and at this PENALTIES: Section 337-32 of the Buffalo formed as the qualified and eligible Redeveloper for the Preservation Code states that a violation is punishable subject parcel. by a fine not to exceed five hundred dorm's ($500:,00) The Agency has also determined that the proposed or by imprisonment not exceeding fifteen (15) days. Land Disposition Agreement negotiated by the Agency Every day of such violation may be held to constitute a and the Redeveloper is satisfactory. separate offense. Please be advised that in accordance with the THIS IS NOT A BUILDING PERMIT It is the provisions of Article 15A of the General Municipal Law, responsibility of the owner to see that all required it is now necessary for your Honorable Body to set a permits are issued prior to commencement of the actual date for a public heating, and to direct the publication of work If a building permit is required, you must apply no a notice of said heating. In the interest of time and later than six (6) months from the date of this anticipating that Your Honorable Body is willing to Certificate. expedite this matter, I have taken the liberty to prepare Mr. Coppola moved: a Resolution together with a Notice of Public Heating That the above communication from the Secretary of for your action. the Buffalo Preservation Board dated May 17, 2005, be Forwarded separately are the following documents: received and filed; and 1. Resolution setting Public Hearing That the Certificate of Appropriateness for 427 2. Notice of Public Hearing Delaware Avenue in the Allentown Historic District be 3. Resolution approving proposed Land Disposition approved to perform the exterior work as listed above. Agreement PASSED After the Public Hearing is held, Your Honorable Body AYES - 9 NOES - 0 may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has FROM THE OFFICE OF STRATEGIC PLANNING designated as being qualified and elgible REFERRED TO THE COMMITTEE ON COMMUNITY NO. 7 DEVELOPMENT ABANDONMENT/SALE 334 EAST UTICA NO. 9 NORTH JEFFERSON BRANCH LIBRARY RESULTS OF NEGOTIATIONS The Office of Strategic Planning, Division of Real 443 SHERMAN, 1200' S GENESEE Estate, has received a request from Citi Care Solutions, LOT SIZE: 50' X 132' Inc., to acquire 334 East Utica. They are proposing ASSESSED VALUATION:. $2,000 acquiring the property for medical offices. The Office of Strategic Planning, Division of Real Estate Your Honorable Body may authorize the has received a request to purchase 443 Sherman Abandonment/Sale of the property in accordance with Street from Ms. Rozetta Kyle, 660 Sycamore Street, Article 27, Section 27-5 of the City Charter (Sale by Buffalo, New York 14212. Ms. Kyle intends to use this Appraisal). The purchaser will be required to hire a vacant lot for extra yard space, which is adjoining to her licensed Real Estate Appraiser to establish the Fair property. Market Value of the City-owned property. The The Department of Permit and Inspection Services and completed appraisal report will be forwarded to the City the Division of Collections have no objections to the of Buffalo Appraisal Review Board for review and sale. There are no building code violations, taxes or recommendation. The results of the Appraisal Review other liens owed to the City of Buffalo by the purchaser. Board and results of our negotiations will be forwarded The Division of Real Estate has investigated the sale of to the Common Council for final approval. similar residential vacant lot properties in the subject I am recommending that Your Honorable Body area. Sale prices range from twenty-five cents (.25) to authorized the abandonment/sale of the above subject fifty cents (.50), per square foot. property and that the recommendations of the Appraisal The results of our negotiations are that Ms. Rozetta Review Board and results of negotiations be forwarded Kyle has agreed and is prepared to pay two thousand to the Common Council for final approval dollars ($2,000), thirty cents (.30), per square foot. They Mr. Coppola moved have also agreed to pay for the cost of the transfer tax, That the above communication from the Department of recording fees and cost of the legal description. Strategic Planning, Division of Real Estate dated May I am recommending that Your Honorable Body approve 26, 2005 be received and filed; and the sale of 443 Sherman Street to Ms. Rozetta Kyle in That the City of Buffalo does hereby abandon 334 East the amount of two thousand dollars ($2,000). I am Utica Street in accordance with Article 27, Section 27-5 further recommending that the Corporation Counsel of the Charter of the City of Buffalo; and prepare the necessary documents for the transfer of That the Director of Real Estate be, and he hereby is title and that the Mayor be authorized to execute the authorized to negotiate a sale with Citi Care Solutions, same. Inc., and that the recommendations of the Appraisal Mr. Coppola moved: Review Board and results of negotiations be reported That the above communication from the Office of back to the Common Council for final approval of the Strategic Planning, Division of Real Estate, dated May sale of 334 East Utica Street. 25, 2005, be received and flied; and PASSED That the offer from Ms. Rozetta Kyle, residing at 660 AYES - 9 NOES - 0 Sycamore Street, in the sum of two thousand dollars ($2,000.00) for the purchase of 443 Sherman Street, be NO. 8 and hereby is accepted; and APPROVAL OF CONTRACT FOR That the transfer tax, recording fees and cost of legal SALE OF LAND - 888 MAIN STREET description shall be paid by the purchaser; and The City of Buffalo Urban Renewal Agency duly That the Corporation Counsel be authorized to prepare designated DAHERO, INC. and/or joint venture, the necessary documents for the transfer of title and partnership, corporation or other legal entity to be that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer to making Buffalo's Neighborhoods better for the next was submitted. generation in the 21 st Century. Our collective job is to PASSED create sustainable, economical housing and improve AYES - 9 NOES - 0 the quality of life opportunities in Buffalo's Neighborhoods by removal of slums and blight as well NO. 10 seeding streets with affordable decent housing and TRANSFER OF TITLE turning vacant non tax generating properties into tax URBAN HOMESTEAD PROGRAM 68 KOSCIUSZKO generating assets. STREET The Division of Permit and Inspection Services and (CITY-OWNED VACANT LOT, 30' X 97') (FILLMORE Division of Collections have been contacted. There are DISTRICT) no property code violations, taxes or other liens owed to The Office of Strategic Planning, Division of Real the City of Buffalo by the homesteader. Estate, has surveyed the City-owned vacant lot at 68 Property List: Kosciuszko, Buffalo, New York, parcel is 30' x 97' ; and • Purdy Street: 263, 265, 281,285,316,320 it has been determined this parcel is inappropriate for • Elsie Street: 11,15,19,20,21,22,26 either the construction of new housing or needed for • Ada Place: 11 public purpose. We, therefore, recommend the city owned vacant lots Mr. Michael Walker owns and resides at 70 Kosciuszko be designated as Homestead Properties and be Street, Buffalo, New York 14212. Mr. Walker indicated transferred to Bethel Community Development he will clean, improve and maintain the lot at 68 Corporation for One Dollar ($1.00) and no more on the Kosciuszko Street in the event he obtains title to the following conditions: 1) the specified structure to be property under the Urban Homestead Program. erected on the premises within twelve (12) months; 2) The Department of Permit and Inspection Services and the structure be occupied by Iow/mod income buyers; the Division of Collections have been contacted. There 3) and the purchaser reside in their new home for a are no property code violations, taxes or other liens period of not less than fifteen (15) years. owed to the City of Buffalo by the homesteader. Mr. Coppola moved We, therefore, recommend the City-owned vacant lot That the transfer of title of the properties from the City be designated as a Homestead Property and be of Buffalo to Bethel Community Development transferred to Mr. Michael Walker on the condition the Corporation under the Urban homestead Program as property is cleaned and improved within six (6) months follows: 263,265,281,285,316 & 320 Purdy St, and maintained in a sanitary manner. 11,15,19,20,21,22,26 Elssie St and 11 Ada Place for Mr. Coppola moved: $1.00 is hereby approved. That the above communication from the Office of PASSED Strategic Planning dated May 25, 2005, be received AYES - 9 NOES - 0 and filed; and That the city-owned property commonly known as 68 NO. 12 Kosciuszko Street, is hereby designated as Homestead BY: COUNCILMEMBER BRIAN C. DAVIS Property, and that the Mayor be, and he hereby is TRANSFER OF TITLE URBAN HOMESTEAD authorized to execute a deed transferring said property PROGRAM FROM CITY OF BUFFALO TO NEW to Mr. Michael Walker, residing at 70 Kosciuszko OPPORTUNITIES COMMUNITY HOUSING Street, for the amount of One Dollar ($1.00) and no DEVELOPMENT CORPORATION more, and all costs of transfer, on the condition the The Office of Strategic Planning, Division of Real Estate property is cleaned and improved within six (6) months has surveyed the city owned lots mentioned on the and maintained in a sanitary manner. attached site list. It has been determined these parcels PASSED are not needed for public purchase or future AYES - 9 NOES - 0 development. New Opportunities Community Housing NO. 11 Development Corporation 1195 Main Street Buffalo, TRANSFER OF TITLE URBAN HOMESTEAD New York 14209-2196 is under contract to construct PROGRAM FROM CITY OF BUFFALO TO BETHEL twenty (20) single family homes for sale to low income COMMUNITY DEVELOPMENT CORPORATION purchasers. Title to these parcels will be transferred The Office of Strategic Planning, Division of Real Estate from the City to New Opportunities Community Housing has surveyed the city owned lots mentioned on the Development Corporation to build affordable, sustainable housing units to sold to low/rood income attached site list. It has been determined these parcels be are not needed for public purchase or future purchasers. Upon sale of the homes to low/rood development. purchasers, these now vacant lots / parcels will become Bethel Community Development Corporation 1515 revenue producing through payment of property taxes. Michigan Avenue, Buffalo, New York 14209 is under This will also reduce the City inventory of vacant lots contract to construct ten (10) two and a half story single and the cost of maintaining them and reduces city-wide family homes on these parcels. Title to these parcels slum and blight. The intent of this transaction and will be transferred from the City to Bethel Community project reflects and implements the Office Of Strategic Development to build affordable, sustainable housing Planning's goal to making Buffalo's Neighborhoods units to be sold to Iow/mod income purchasers. Upon better for the next generation in the 21st Century. Our sale of the homes to Iow/mod purchasers, these now collective job is to create sustainable, economical vacant lots / parcels will become revenue producing housing and improve the quality of life opportunities in through payment of property taxes. This will also Buffalo's Neighborhoods by removal of slums and blight reduce the City inventory of vacant lots and the cost of as well seeding streets with affordable decent housing maintaining them and reduces city wide slum and and turning vacant non-tax generating properties into blight. The intent of this transaction and project reflects tax generating assets. and implements the Office Of Strategic Planning's goal The Division of Permit and Inspection Services and Division of Collections have been contacted. There are increase from the June 30, 2004 balance of $10.2 no property code violations, taxes or other liens owed to million to $12.09 million by June 30, 2005. the City of Buffalo by the homesteader. We project that revenues will be $3 million higher than • Eureka 31, 33 the Gap. We estimate that real property tax will be • Kane 19,21,31,33,37,39,43,44,45,46,48,52,54,60 approximately $1.6 million higher than the budget if • Genesee 527 current collection rates hold through August of 2005. • Camp 24,28,30,42,44,45,49,68,72 The utility tax is projected to be approximately $1.3 • Davis 29,32,34,36,40,50,52,56,60 million higher than the Gap. As these amounts are We, therefore, recommend the city owned nominal in relation to the Gap as a whole, we deem the vacant lots be designated as Homestead Properties Gap revenues to be reasonably stated. and be transferred to New Opportunities Community Expenditures are projected to be approximately $2.6M Housing Development Corporation for One Dollar lower than the Gap. The Gap projects an allowance for ($1.00) and no more conditioned on: 1) the specified uncollectible receivables that is more conservative than structure to be erected on the premises within twenty oar estimate. As the Gap is more conservative and this four (24) months; 2) the homes will be occupied by figure is difficult to project, we deem the estimate in the Iow/mod income buyers; 3) and the purchaser reside in Gap to be reasonable. Overall, we deem the Gap their new home for a period of not less than fifteen (15) expenditures to also be reasonably stated. years. REFERRED TO TH ECOMMITTEE ON BUDGET Mr. Coppola moved That The City of Buffalo transfer to the new NO. 16 opportunities community housing Development PARKS ADVISORY BOARD Corporation the following properties under the Urban Pursuant to Chapter 6-55 Article X of the Charter, I Homestead Program: 31,33 Ureka, am appointing the following persons to the Parks 19,21,31,33,37,39,43,44,45,46,48,52,54,60 Kane, 527 Advisory Board: Genesee, 24,28,30,42,44,45,49,68,72 Camp, and Ada Hopson Clemons 29,32,34,36,40,50,52,56,60 for $1.00 is hereby 56 Courtland Avenue approved Buffalo, N.Y. 14215 PASSED Louis J. Petrucei AYES - 9 NOES - 0 89 Red Jacket Buffalo, N.Y. 14220 RECEIVED AND FILED FROM THE COMPTROLLER NO. 13 FROM THE COMMISSIONER OF ASSESSMENT AND ESTABLISH T&A ACCOUNT - TAXATION DWELLING REGISTRATION FUNDS #147 CCP 5/17/05 NO. 17 The above resolution was forwarded to my office for Assessment and Taxation comment. Purchase of Biers document The revenue received for the Dwelling Registration is Archival and retrieval system correctly recorded as a revenue in the Permit and I am respectfully requesting that the bidding and Inspection Services Department in the City of Buffalo bonding procedures be waived for this Department's 2005-06 budget. purchase from Biel's Information Tech Systems of the Generally accepted accounting principals (GAAP) for Biel's document storage and retrieval package we are governments prescribe that the general fund is the chief in the process of purchasing for the price of $28,695. operating fund and all resources except those Parking Violations Bureau already has an original REQUIRED to be accounted for in another fund be contract with Biers which we are attaching to this recorded in the general fund. Agency funds are used in communication. We are also attaching the situations where the government role is purely communication from Biers stating that they are the sole custodial. Therefore, since the City has established the provider of this document archival and retrieval system. fee, the revenue must be recorded in the general fund, We wish to utilize this vendor that was a successful and determining how the revenue is to be appropriated vender when an RSP was issued on June 20, 1997. is part of the budget process. In developing the 2006-07 This system will enable our employees to scan budget, the additional jobs and equipment can be documents directly into a database in their PC for digital correlated to the revenue, but both revenues and storage and retrieval. We wish to utilize it for exemption expenditures must be accounted for in the general fund. information, including senior citizen, disability and REFERRED TO THE COMMITTEE ON LEGISLATION veteran's exemptions. The system will result in more efficient operations because employees will perform the NO. 15 scanning and will be able to extract information directly Third Quarter Gap Response at their PC from the database instead of manually from rd a paper file. We currently send all of these documents We have reviewed the Administration's 3quarter Gap to an outside vendor each year for microfilming at a report and are filing our review and summation as cost of approximately $7,500 per year. The Biers required under the City's Charter. system will result in substantial savings and involves On a budgetary basis, the Gap reports a surplus of $3.1 modest yearly maintenance fees only. Utilizing current million. On a Generally Accepted Accounting Principal technology will save the City time, money and (GAAP) basis, however, we project a $15 million document storage space. operating deficit. This is due to the fact that we used I apologize for the last minute request but we were just $7.7 million of fund balance as a resource in the current informed today by Purchase that we had to bid this out. year and we used $6.6 million of fund balance to We had been informed this package already existed in finance the firehouses. It should be noted that Parking Violations and that we would be able to add to undesignated, unreserved fund balance is projected to specifications: I recommend that Your Honorable Body authorize the that contract. At the suggestion of Purchase we are Commissioner of Public Works, Parks & Streets to submitting this request to waive the bidding and order the work on the basis of the low bids. Funds for bonding process. this project are available in 37320206-445100 Mr. Coppola moved Buildings. That the request to purchase of Biel’s document Mr. Coppola moved: archival and retrieval system in the amount of $28,695 That the above communication from the Commissioner is hereby approved. of Public Works, Parks and Streets dated May 23, PASSED 2005, be received and filed; and AYES –8 NOES – 1 That the Commissioner of Public Works, Parks and AYES- BONIFACIO, CONRAD, COPPOLA, DAVIS, Streets, be, and he hereby is authorized to award a FRANCZYK, GOLOMBEK, RUSSELL AND th contract for City Hall, 15Floor Elevator Machine THOMPSON – 8 Room Roof, Roof Reconstruction, to Jameson Roofing, NOES – FONTANA – 1] the lowest responsible bidder, in the amount of $26,300.00. Funds for the project are available in FROM THE COMMISSIONER OF MANAGEMENT 37320206-445100 - Buildings. INFORMATION SYSTEMS PASSED AYES –9 NOES – 0 NO. 18 Management Information Systems revenue NO. 21 generating initiatives Report of Bids Item No. 149, C.C.P. 05117105 Crack filling of City Pavements - 2005, Gr. #645 Department of Management Information Systems will Amherst Paving, Inc. provide Common Council a detailed plan of action on Item #126, C.C.P. 3/3/98 each of the following initiatives by date specified. This is to advise your Honorable Body that I have Consolidating City Phone System - A detailed plan of advertised and received bids action with proposed savings will be submitted by In obtaining bids for the above project, I have asked for 7/31105 bids on a unit price covering the various items of work Developing a WiFi Infrastructure - A business plan and and material which will be performed. The final cost of associated costs & revenue potential will be submitted the work will be based on the actual measured by 09/30/05 quantities of materials entering into the work and may Improving Document Processing in Departments - We be either more or less than the total bid. will prepare a training seminar and submit a training The following bids were received: Base Bid plan to the Council by 08/31/05 Unit Price Increase REFERRED TO THE COMMITTEE ON FINANCE Amherst Paving, Inc. $222,450.00 $244,695.00 330 Meyer Rd, Amherst, 14226 NO. 19 Thomann Asphalt Paving, Inc. $224,250.00 $246,495.00 Recycling Rates in City Hall 56 Gunnville Road, Lancaster 14086 Item No. 133, C.C.P. 05/03/05 J.P. Construetinn of New York, Inc. $227,200.00 $249,445.00 Department of Management Information Systems 21 Stahl Road, Getzville 14068 produces recyclable paper only and we have placed I hereby certify that the lowest responsible bidder for recycle bins next to all our major print locations. the above project is Amherst Paving, Inc. I respectfully RECEIIVED AND FILED recommend that your Honorable Body authorize a FROM THE COMMISSIONER OF PUBLIC WORKS contract award in the amount of $244,695.00 ($222,450.00 Base Bid + 10% unit price increase NO. 20 $22,245.00 = Total Award $244,695.00). Funds for this Report of Bids City Hall work are in Public Works Account #30032106 and a th 15Floor Elevator Machine Room Roof future bond amount established after the 2005 sale. Roof Reconstruction Job No. 0511 The attached is certified to be a true and correct Ellicott District statement of the two (2) lowest bids received. Under I advertised for on May 12, 2005 and received the previsions of the General Municipal Law, any of the th following formal bids for City Hall, 15Floor Elevator bidders may withdraw his bid if an award of the contract Machine Room Roof, Roof Reconstruction, on May 23, is not made by June 17, 2005. Individual bid 2005. submissions are available in our office for inspection Jameson Roofing $ 26,300.00 and copies are available upon request. 1649 Fillmore, Buffalo, NY Mr. Coppola Moved: Grove Roofing $ 30,50O.0O That the above communication from the Commissioner 131 Reading, Buffalo, NY of Public Works, Parks and Streets dated May 16, Weaver Metal & Roofing $ 33,320.00 2005, be received and filed; and 40 Appenheimer, Buffalo, NY That the Commissioner of Public Works, Parks and Jos. A. Sanders & Sons $ 49,964.00 Streets be, and he hereby is authorized to award a P 0 Box 814, Buffalo, NY contract for Crackfilling of City Pavements - 2005, Progressive Roofing $ 62,000.00 Group #645 to Amherst Paving, Inc., the lowest 325 Grote, Buffalo, NY responsible bidder, in an amount of $244,695.00 I hereby certify that the foregoing is a true and correct ($222,450.00 Base Bid + 10% unit price increase statement of all bids received and that Jameson $22,245.00 = Total Award $244,695.00). Funds for this Roofing, with a bid of Twenty Six Thousand Three project are available in Public Works Account Hundred and 00/100 Dollars ($26,300.00), is the lowest #30032106 and a future bond account established after responsible bidder in accordance with the plans and the 2005 sale. Add $ 1,978.00 PASSED Job #0129 AYES –9 NOES – 0 Delaware District I hereby submit to Your Honorable Body the following NO.22 changes for the Delaware Park Casino, Lower Patio Report of Bids Repairs, J P Construction of NY (C #92010883). Kleinhans Music Hall Site Perimeter Restoration 1. Provide and install 3 weatherproof Gr. #627, C & C Contractors, Inc. electrical boxes, 4 weatherproof covers, 3 GFCI Item #126, C.C.P. 3/3/98 protected receptacles, 4 duplex receptacles, due to This is to advise your Honorable Body that I have poor condition of the existing electrical components. advertised and received bids Add $ 693.71 In obtaining bids for the above project, I have asked for The foregoing change results in a net increase in the bids on a unit price covering the various items of work contract of Six Hundred Ninety Three and 71/100 and material which will be performed. The final cost of Dollars ($693.71). the work will be based on the actual measured Summary quantities of materials entering into the work and may Current Contract Amount be either more or less than the total bid. $117,760.19 The following bids were received: Base Bid Unit Amount of This Change Order (#3) $ 693.71 Price Increase Revised Contract Amount $118,453.90 C & C Contractors, Inc. Costs have been reviewed by the Consulting Architect 971 Ransom Road, Lancaster 14086 $110,300.00 (Clough, Harbour & Associates) and the Department of $121,330.00 Public Works, Parks & Streets and were found to be fair P & J Construction Co., Inc. and equitable. Funds for this work are to available in 709 Pleasant View Dr, Lancaster 14086 $145,050.00 36321406 445100 - Division of Buildings. $156,080.00 I request that Your Honorable Body authorize the C. Destro Development Co., Inc. Commissioner of Public Works, Parks & Streets to 2255 Bailey Avenue, Buffalo 14211 $167,700.00 issue a change order to the contractor as set forth $178,730.00 above. J.P. Construction of New York, Inc. Mr. Coppola moved: 21 Stahl Road, Getzville, 14068 $178,965.00 That the above communication from the Commissioner $189,995.00 of Public Works, Parks and Streets dated May 17, Sweet Home Associates, Inc. 2005, be received and filed; and 69 Lynbrook Drive, Tonawanda 14150 $182,962.00 That the Commissioner of Public Works, Parks and $193,992.00 Streets be, and he hereby is authorized to issue change I hereby certify that the lowest responsible bidder for order No. 3, to J. P. Construction of NY, an increase in the above project is C & C Contractors, Inc. I the amount of $693.71, as more fully described in the respectfully recommend that your Honorable Body above communication, for work relating to Job No. authorize a contract award in the amount of 0129, Delaware Park Casino, Lower Patio Repairs, Low $121,330.00 ( $110,300.00 Base Bid + 10% unit price Rise, C #92010883. Funds for this project are available increase $11,030.00 = Total Award $121,330.00). in 36321406 445100 - Division of Buildings. Funds for this work are in Public Works Account PASSED #30032106 and a future bond account established after AYES – 9 NOES – 0 the 2005 sale. The attached is certified to be a true and correct NO. 24 statement of the two (2) lowest bids received. Under Change in Contract provisions of the General Municipal Law, any of the Main Mercer Fire Station bidders may withdraw his bid if an award of the contract Expansion & Reconstruction is not made by July 1, 2005. Individual bid submissions Job #0422 are available in our office for inspection and copies are Masten District available upon request. I hereby submit to Your Honorable Body the following Mr. Coppola Moved changes for the Main Mercer Fire Station, Expansion & That the above communication from the Commissioner Reconstruction, The Peyton Barlow Co., C #92010964. of Public Works, Parks and Streets dated May 19, 1. Provide and install 1 wide flange beam 2005, be received and filed; and across hallway linking apparatus bays. Add $ 270.00 That the Commissioner of Public Works, Parks and 2. Substitute 5 fire rated doors and hardware per Streets be, and he hereby is authorized to award a modifications required by Code Review Office. contract for Kleinhans Music Hall Site Perimeter The foregoing change results in a net increase in the Restoration to C & C Contractors, Inc., the lowest contract of Two Thousand Two Hundred Forty Eight responsible bidder, in an amount of $121,330.00 and 00/100 Dollars ($2,248.00). ($110,300.00 Base Bid + 10% unit price increase Summary $11,030.00 = Total Award $121,330.00). Funds for this Current Contract Amount $1,129,744.00 project are available in Public Works Account 30032106 Amount of This Change Order (#2) $ 2,248.OO and a future bond account established after the 2005 Revised Contract Amount $1,131,992.00 sale. Costs have been reviewed by the Consulting Architect PASSED (Bergmann Associates) and the Department of Public AYES – 9 NOES – O Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to available in NO. 23 30062106 445100 - Division of Buildings. Change in Contract I request that Your Honorable Body authorize the Delaware Park Casino Commissioner of Public Works, Parks & Streets to Lower Patio Repairs issue a change order to the contractor as set forth above. Recreation Improvements Mr. Coppola moved: General Contract No. 92010936 That the above communication from the Commissioner (Niagara) of Public Works, Parks and Streets dated May 17, During construction at 382 Massachusetts Avenue 2005, be received and filed; and there were several electrical code issues discovered in That the Commissioner of Public Works, Parks and the existing electrical system. Therefore, we Streets be, and he hereby is authorized to issue change recommend that the following changes be made to order No. 2, to The Peyton Barlow Co., an increase in Contract No. 92010836, with Frey Electric Construction the amount of $2,248.00, as more fully described in the Co. to address these issues and bring the existing above communication, for work relating to Job No. electrical system up to code. 0422, Main Mercer Fire Station, Expansion & ADD $4,737.00 Reconstruction, C #92010964. Funds for this project All labor and materials for: are available in 30062106 445100 - Division of Remove & replace three 2'x4' recessed light fixtures Buildings. Replace existing open air wiring with MC cable & Passed properly terminate wiring Install Junction boxes AYES – 9 NOES - 0 Install four (4) duplex receptacles in surface mounted raceway in office Re-feed circuit from existing panel NO. 25 board. Provide 20A breaker for circuit Remove & Clarification in City Charter replace electric feeder cable from 100A breaker to front ltem#109, CCP May 3, 2005 panel Furnish & Install Fire Alarm base material The referenced resolution was sent to this office for Furnish & Install three (3) surface mounted lights in comment. closets We recommend that the following be considered for DEDUCT changes in the Citys' Charter or Ordinances as they Fire Alarm labor & material $ -955.00 pertain to the housing of dogs. Increase $ 3,782.00 1. The word "premises" should be changed to SUMMARY "dwelling" in the definition of kennel. There is a clear Existing Contract Amount $58,000.00 definition of dwelling in section 511-4 of the ordinances. This Increase $ 3,782.00 2. Chapter 78, Article 5, should be amended to New Contract Amount $61,782.00 state that enforcement of ordinances dealing with The project Architect, Stieglitz Snyder Architects, has kennels, or violations of the amount of dogs housed in reviewed and recommended these changes and costs. kennels, should be the responsibility of the Department Funds are available in Account 31480006. of Public Works, Parks and Streets. I recommend that Your Honorable Body authorizes the 3. Once a determination is made as to how Commissioner of Public Works, Parks and Streets to many dogs are allowed per dwelling, that language issue a change order to Frey Electric as outlined above. should be incorporated into Article IV, Section 78-19.1. Mr. Coppola moved: REFERRED TO THE COMMITTEE ON LEGISLATION That the above communication from the Commissioner of Public Works, Parks and Streets dated May 26, NO. 26 2005, be received and filed; and Disposal of Various Vehicles That the Commissioner of Public Works, Parks and We recommend that the following vehicles be stripped Streets be, and he hereby is authorized to issue a of all usable parts and that the renaming chassis be cut change order to Frey Electric Construction Co., an up and sold to the vendor currently contracted with for increase in the amount of $3,782.00, as more fully the disposal of scrap steel (Max Brock Steel): described in the above communication, for work relating SR 22 - 1995 Crane Carrier to Massachusetts Avenue Project, Recreation SR 27 - 1995 Crane Carrier Improvements, General Improvements, General SR 28 1995 Crane Carrier Contract No. 92010936. Funds for this project are SR 30 - 1995 Crane Carrier available in 31480006. SR 37 1998 Peterbilt Chassis PASSED S 42 - 2000 Volvo Chassis AYES – 9 NOES- 0 SR 397- 1995 Crane Carrier Each of these pieces of equipment are either rusted NO. 28 beyond repair, fire damages, or the frame is broken. Ohio Street Lift. Bridge I therefore request permission to remove these vehicles Deck Repair Contract from the departments equipment list and to dispose of I have advertised on May 4, 2005 and received bids on them as noted. May 25, 2005 for the Ohio Street Lift. Bridge Deck Mr. Coppola moved: Repair Contract. That the above communication from the Commissioner In obtaining bids for the above project, 1 have asked for of Public Works, Parks and Streets dated May 17, bids on a unit price basis covering the various items of 2005, be received and filed; and work and material which will be performed. The final That the Commissioner of Public Works, Parks and cost of the work will be based on the actual measured Streets, be, and he hereby is authorized to remove the quantities of material entering into the work and may be vehicles from the departments as listed in the above more or less than the total bid. communication and to dispose of them as noted above. The following bids were received: PASSED Contractor Total Bid AYES – 9 NOES – 0 Union Concrete & Construction, Inc. $97,777.00 (Low) NO. 27 490 Center Road Increase in Contract West Seneca, New York 14224 Massachusetts Avenue Project Hohl Industrial Services, Inc. $118,925.66 770 Riverview Blvd. PASSED Tonawanda, New York 14150 AYES – 9 NOES – 0 I hereby certify that the lowest responsible bidder for the above project is Union Concrete & Construction, NO 14 Inc. and respectfully recommend that your Honorable Certificate of Necessity Body order the work and the cost thereof to be charged We, Anthony M. Masiello, Mayor and Andrew A. to NY State Chips Account 30032106-445100 and a SanFilippo, Comptroller, do hereby certify, pursuant to future bond account for citywide infrastructure to be Section 20-12 of the Charter, that it is necessary that established after the 2005 bond sale in an amount not the sum of $661,000.00 be transferred and to exceed $97,777.00, plus a 10% unit price increase reappropriated as set forth below: for an additional amount of $9,777.70 for a total award FROM of $107,554.70. 17221008 480207 Prior Year Refunds The Engineer's Estimate for this work is $87,200.00. $145,000 The above is certified to be a true and accurate 17272008 480000 Board of Election statement of the bids received. Under General $119,000 Municipal Law any bidder may withdraw his bid if the 17301001 411002 Duty Disability $159,800 award of this contract is not made by July 8, 2005. 17304002 425000 Unemployment $ 237,200 Individual bid submissions are available in our office for TO inspection and copies are available upon request. 10546006 432003 Legal Services $ 250,000 Mr. Coppola moved: 10546006 480000 Other Services $ 242,000 That the above communication from the Commissioner 11556006 432001 Auditing Services $ 44,000 of Public Works, Parks and Streets dated May 25, 12555006 432002 Medical Services $125,000 2005, be received and filed; and RECEIVED AND FILED That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a NO. 30 contract for the Ohio Street Lift Bridge, to Union REPORT OF EMERGENCY BID Concrete & Construction, Inc., the lowest responsible POLICE GARAGE bidder, in an amount not to exceed $97,777.00 plus a ROOF RECONSTRUCTION 10% unit price increase for an additional amount of ELLICOTT DISTRICT $9,777.70 for a total award of $107,554.70. Funds for On May 25, 2005 I declared an emergency at the Police the project are to be charged to NYS Chips Account Garage, 341 Seneca Street, because of severe 300032106-445100 and a future bond account for deterioration of the roof. I received the following citywide infrastructure to be established after the 2005 emergency proposals $ 96,919.00: bond sale. Jameson Roofing PASSED 1649 Fillmore, AYES – 9 NOES – 0 Buffalo, NY Weaver Metal & Roofing $102,164.00 NO. 29 40 Appenheimer, Repair to City Pavements - 2005 Buffalo, NY Group #636 - Thomann Asphalt Paving Corp. Jos. A. Sanders & Sons $110,868.00 Contract #92010977 P 0 Box 814, I hereby submit to your Honorable Body the following Buffalo, NY unit price additions to the contract for remedial Grove Roofing $123,490.00 pavement repair on Hampshire Street - Grant to Winter 131 Reading, Buffalo, NY Street. This change order was necessary to replace Progressive Roofing $187,600.00 deteriorated drainage, curb and asphalt base prior to 325 Grote, Buffalo, NY the milling and paving of the same location. I hereby certify that the foregoing is a true and correct Funds for this change order are available in Division of statement of all bids received and that Jameston Engineering Account #30032106-445100. Roofing, in the amount of Ninety Six Thousand Nine I respectfully certify that this change order is fair and Hundred Nineteen and 00/100 Dollars ($96,919.00), equitable for the work involved, and respectfully request was the lowest responsible bidder in accordance with that your Honorable Body approve the subject Change the plans and specifications. order and authorize the Commissioner of Public Works Because of the emergency, I have awarded the to issue said change order to Thomann Asphalt Paving contract to Jameson Roofing. Funds for this project are Corp. available as follows: $16,919.00 - 36322206 30338106 Mr. Coppola moved: 445100 - Buildings; $80,000.00 - Org #12021007 Obj That the above communication from the Commissioner 473020 Police. of Public Works, Parks and Streets dated May 23, Mr. Coppola moved: 2005, be received and filed; and That the above communication from the Commissioner That the Commissioner of Public Works, Parks and of Public Works, Parks and Streets dated May 25, Streets be, and he hereby is authorized to issue a 2005, be received and filed; and change order to Thomann Asphalt Paving Corp., an That the Commissioner of Public Works, Parks and increase in the amount of $49,530.00, as more fully Streets, be, and he hereby is authorized to award a described in the above communication, for work relating contract for the Police Garage, Roof Reconstruction, to to remedial pavement repair on Hampshire - Grant to Jameson Roofing, the lowest responsible bidder, in the Winter Streets, Contract #92010977. Funds for this amount of $96,919.00. Funds for the project are project are available in Division of Engineering Account available as follows: $16,919.00 - 36322206 30338106 #30032106-445100. 445100 - Buildings; $480,000.00- Org. #12021007 Obj AVAILBLE IN THE CITY CLERKS OFFICE FOR 473020 Police. REVIEW PASSED AYES - 9 NOES - 0 mentioned, please contact Chief Richard Ortiz at 851- 5181. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 A. MACHAMER - CONCERN FOURTH OF JULY NO. 34 FIREWORKS ["ENFORCEMENT OF ILLEGAL DUMPING [ITEM #62, C.C.P., JULY 19, 2005:] ORDINANCES"] In response to the aforementioned item, while it is The following information is submitted per the Council's unfortunate that Mr. Machamer had to experience such request for a monthly report from the Buffalo Police an incident, the Buffalo Police Department does enforce Department documenting the number of citations and laws related to the prohibition of fireworks. adjudication' s thereof of the city' s illegal dumping The Department responds to numerous calls each year ordinances: related to fireworks, and encourages residents to call April 2004 911 whenever such violations occur. Total: 1 RECEIVED AND FILED RECEIVED AND FILED NO. 32 NO. 35 REQUEST FOR COMMENTS/RECOMMENDATIONS ["ENFORCEMENT OF NOISE ORDINANCES"] L: RE: "REQUEST TO AMEND CHARTER AND [ITEM # 132, C.C.P. APRIL 19, 2004:] CODE OF THE CITY OF BUFFALO TO INCREASE The following information is submitted per the Council's FEE FOR PHOTOGRAPH RECORDS" request for a monthly report from the Buffalo Police The Buffalo Police Departments requests that your Department documenting the number of noise Honorable Body amend Part II, Chapter 175 of the ordinance citations and adjudications: Charter and Code of the City of Buffalo to reflect a fiat April 2004 fee of $200.00 for the Department to provide Total: 12 photographic images originally produced by the Buffalo April 2005 Police Department at individual crime and accident Total: 10 scenes, which would be delivered to a requesting party RECEIVED AND FILED on compact disc or a media which is commercially acceptable. NO. 36 While this fee is greater than the $10.00 per individual LOCAL LAW ENF BLOCK GRANT BALANCE OF photograph that is currently being charged to the public, FUNDING it is the Department's experience that most requests for Dear Ms. Collins: photographs are such that the typical fees begin at In response to Councilmember Davis' request for the $100.00 and increase from that point. The number of balance of funding with regard to the Local Law photos related to a particular crime or accident scene Enforcement Block Grants, be advised as follows: can be great at times. The $10.00 per photo fee that is LOCAL LA W YEAR 8 - Funding period ends 11/25/05 currently charged makes it cost-prohibitive for the public The City received a total award of $593,344; it is broken to request all of the photographic evidence related to a down as follows: crime or accident scene. The revised method, would Buffalo Police ($425,000): allow the public to access all of the photos, providing a Grant Allotment: $325,000 for Marked Vehicles, Vehicle more uniform distribution of evidence, at a much Marking Kits, Mobile Data Computer Upgrades in Police greater value. Vehicles, General Policing Equipment If you have questions or concerns regarding this $1,005.82 - Expended General Police Equipment request, please contact Chief Richard Ortiz at 851-(mounting brackets, etc.) 5181. $176,526 estimated - In process of purchasing 7 SUV REFERRED TO THE COMMITTEE ON LEGISLATION (approved by Council) - bidding in process AND THE CORPORATION COUNSEL $24,230 - Expended on upgraded software used for communication between Police Dispatchers and MCTs NO. 33 (in police vehicles) DRUG ASSET FORFEITURE CHECKS RECEIVED $215.02 - Police funds covered payment to Buffalo :ITEM NO. 104, C.C.P. 2/2/88 News for mandated public hearing notice that appeared 8155 -00122050 C2-03-0084 $370.90 in paper for JAG Grant (which is now taking place of 8150-00122050 C2-04-0157 $3,480.22 LLEBG) 8155-00122050 C2-04-0156 4,523.89 $4,091.85 - Will be spent for graphics when SUVs 8155-00122080 C2-01-0046 1,436.03 delivered TOTAL $ 9,811.04 $8,400 - Will be spent for light bars when SUVs The Drug Enforcement Administration (DEA) has delivered administratively forfeited the above referenced property. $2,753.66 - Will be spent for sirens when SUVs The checks were received by this Department and duly delivered deposited in the Trust & Agency Account, #20010000-$61,587.54 - Will be spent for MCTs/MCT Docking 389001. These funds will be placed into one or more of Stations/Related MCT installation equipment when the following accounts as deemed by the Commissioner SUVs delivered of Police: $32,300 - Digital Photography Cameras/Flash Educational Training/Seminar, Confidential Funds, Units/Lens for Crime Scene/Evidence Units Materials and Supplies, Firearms and Weapons, $16,204.40 - Will be used to supplement purchase of Communications and Computers, Electrical (4) encrypted radios for Narcotics Section Surveillance, Purchase of Services, Improvements, ** Please note that these expenditures take us over the Vehicles, Operating Equipment LLEBG grant allotment by $2,314.29, which will be If you have any questions regarding the above covered under departmental or other grant budgets As has been discussed with the Council previously, the Replacement of Bullet Proof Vests: $24,250 (50 vests remaining $100,000, is under the policing portion of @ $485 ca) LLEBG, and we sub-agree with DA's Office to fund City's Department of Community Services ($55,550): partial payment of juvenile prosecutor ($65,000) and Juvenile Delinquency Prevention Programs: Regional Community Policing Initiative ($35,000) - Anti-Crime: $15,350 Note, that the County of Erie never came after Buffalo's Police Overtime/Fringes: $9,720 funding, which they could have, under the disparate Program Supplies: $2,630 claim attached to the Local Law Enforcement Block Printing/Purchase Printed Materials: $2,000 Grant, because the City was willing to fund these 2 Staff Development/Training: $1,000 initiatives which benefited both the City and the County. Code of Conduct: $15,200 The rest of the LLEBG Year 8 Grant went to the Office Police Overtime/Fringes: $9,720 of Citizen Services $75,000 for Save our Streets Program Supplies: $2,480 Printing/Purchase Printed Initiative ($70,000), Clean/Seal ($4,000), and Buffalo Materials: $2,000 Staff Development/Training: $1,000 SwimRacers ($1,000). The balance of funds went to the City of Buffalo's Drug Court: $25,000 (Contracted Department of Community Services $93,344 for Drug Services: Lakeshore Behavioral Health) Court ($33,000), Juvenile Protection (45,344 - Anti-City's Office of Strategic Planning/Office of Citizen Services ($60,000): Crime, Code of Conduct Initiatives), PAL ($15,000). Save our Streets Program The City must meet a match of $65,927 that will be Coordinator Salary: $45,000 credited to Community Schools. Save our Streets Program Coordinator Fringes: Funding period ends 10/14/06 LOCAL LAW YEAR 9 - $15,000 The City received a total award of $268,722; it is broken County of Erie Initiatives: $56,000: down as follows: District Attorney's Office: Buffalo Police ($146,722): Partial Salary~Fringe: Juvenile Prosecutor: $38,000 Grant Allotment: $90,722 General Policing Regional Community Policing Center: Equipment/BPD is waiting to see what final '05/'06 Regional Community Policing Coordination: $18,000 budget brings so that we can fill in gaps Town of Amherst Police Department: $89,651: Again, the remaining $56,000 is under the policing Covers Overtime for Special Patrols: Law Enforcement portion of LLEBG, and we sub-agree with DA's Office to Efforts fund partial payment of juvenile prosecutor ($38,000) Town of Cheektowaga Police Department: $86,283: and Regional Community Policing Initiative ($18,000) - Covers Overtime for Special Town Initiatives~Digital Note, that again the County of Erie left Buffalo's funding Camera Equipment alone, and they could have come after it under the Town of West Seneca Police Department: $43,221: disparate claim attached to the Local Law Enforcement Stop~Walk~Talk Program Block Grant, but because the City was willing to fund Bicycle Safety Program these 2 initiatives again, they left it alone because these Computer Technology Equipment initiatives benefit both the City and the County. The UASI Grants, as you have been advised, are very The rest of the LLEBG Year 9 Grant went to the Office restrictive and can only fund areas of of Citizen Services $60,000 for Save our Streets equipment/training/planning/exercise. The Office of Initiative and the remaining funding of $62,000 is under Domestic Preparedness must approve any training and the Department of Community Services for Drug Court exercises; any equipment must be listed in the grant ($25,000), Code of Conduct Presentations ($12,000), guidance for the various funding years. We do not have Anti-Crime Seminars ($20,000) and PAL ($5,000). any flexibility with the UASI Grants that to some extent, The City must meet a match of $29,858 and that will be we have with Local Law Enforcement Block Grant met by Buffalo Police's Asset Forfeiture Account with funds. the purchase of a vehicle and/or some other type of The UASI funding (not including the high alert funding equipment. of $978,174.23 originally reimbursed to the City) is The Local Law Enforcement Block Grant as we have broken down as follows: known it, was not renewed as Local Law in 2005. The Year One ($1,350,000) - Funding Period ends 6/30/05: grant program is now the Justice Assistance Grant Police: $153,500 (JAG) and is split between the City of Buffalo, County of Fire: $1,122,500 Erie, Towns of Amherst, Cheektowaga and West Homeland Security Coord: $74,000 Seneca. As we Year Two ($3,061,970) - Funding Period ends 11/30/05 recently filed with your Honorable Body, the grant is Police: $810,000 currently being processed by the "feds;" the City of Fire: 1,601,425 Buffalo served as the applicant, and thus will also serve Water: $500,000 as the fiscal agent. The breakdown of funding is as Homeland Security Coord: $92,600 follows: Fiscal Compliance/Admin: $57,945 Grant Obligation Period: 10/01/04 through 9/30/08 JAG: Year Three ($3,201,716) ** Is currently under review Pending Total of Grant Award Among All Partners: with "Feds"/State - Funding period slated to end $479,927 3/31/07 City of Buffalo/County of Erie: $260,772 Police: $525,000 City Initiatives: $204,772: Fire: $1,090,000 Police Department Equipment ($89,222): Water: $1,000,000 Replacement Funds for Motorola Visar UHF Portable City Hall Security: $379,000 Radios: $55,380 Homeland Security Coord: $129,180 (These radios can no longer be supported as of Fiscal Compliance/Admin: $78,536 12/30/07; BPD will utilize funds for implementation of With regard to the other internal accounts that the new model) Councilmcmber had inquired about, be advised as Updated Computer Technology Equipment: $9,592 - follows: Desktops, hardware, software Unclaimed Prisoner Property. Account: The current balance in this account as of Wednesday, total amount of funds received by the Police May 18, 2005, is $399,680.13. Of these funds, the Department. Police Department must transfer $50,000 to the City's Hopefully this satisfies the Council's inquiry concerning General Fund to satisfy the revenue requirement for the these grants and departmental accounts as specified at current fiscal year. This process is under way and will the May 5, 2005 Police Department Budget hearing. be completed by June 30, 2005. In addition, another If you have any further questions or require clarification, $50,000 has been budgeted as revenue in the Police please contact Chief Richard Ortiz who handles the Department's Budget for the 2005-2006 fiscal year. Department's fiscal operations at 851-5181. After processing and transferring the funds necessary REFERRED TO THE COMMITTEE ON FINANCE to fulfill these requirements, the remaining balance in the account will be approximately $300,000. According NO. 37 to New York State Penal law, all funds of this type must "NOTICE OF SEX OFFENDERS TO CITY OF remain on account for at least 18 months after the BUFFALO RESIDENTS" completion of any trial associated with the seizure of ITEM #112, CCP 5/3/05 the funds. Through past experience, the Department New York State's version of "Megan's Law", the Sex has estimated that these funds must remain in the Offender Registration Act (SORA), has four distinct account for an average of three years from the date procedures for community notification. taken to ensure that all legal requirements have been The NYS Department of Criminal Justice Services satisfied. Presently, the oldest remaining funds seized (DCJS) notifies the Buffalo Police Department date back to December 2001. Upon completing the two whenever a registered sex offender moves into the City $50,000 transfers in June 2006, it is estimated that the of Buffalo. Under SORA, the BPD then may notify oldest remaining funds at that time, will be from January schools and "other entities with vulnerable populations" 2003 and beyond. In addition, adequate funding must about the presence of a convicted sex offender. The remain for those individuals who are entitled to receive term "entities with vulnerable populations" was not their money back. Therefore, taking into consideration defined in SORA, and it remains unclear as to whether the already existing revenue requirements, the the law was intended to allow individual notifications by mandatory time frame, and the amount of funds need police for returning to individuals, at this time, there are no Citizens can also access the information by viewing the extra funds in this account available for other projects. Level 3 Sex Offender Subdirectory (available at SOS), Drug Asset Forfeiture Funds: by inquiring about a specific person on the 1-800 Regarding this account, the total current balance as of information line operated by the State, and via the Wednesday, May 18, 2005, is $406,438.53. Of these DCJS website, which also provides searchable access funds, according to federal regulations, the Police to the Subdirectory. Department must maintain some of the funds as In many jurisdictions, the local school district sends a interest bearing. At the present time, $50,000 of these copy of sex offender notifications received from police funds is locked up in investments to satisfy the interest to all residents. Many citizens have interpreted this requirement. In addition, the Department must ensure it practice as one required by law, and do not realize that has sufficient funds for the most important usage of it is a decision of those school districts to further these monies - Confidential Funds!! These are an disseminate the information in this manner. investment back into the program and ensure that the It has been the policy of the BPD to distribute sex Department continues to stay actively involved in offender information through "entities with vulnerable narcotics operations and future seizures. On average, populations" such as the Buffalo Public Schools, the the Police Department needs $25,000 to $30,000 each Catholic Diocese of Buffalo, the Common Council, and year for such expenses. The Department also has a others. The Department has also released information required City match under LLEBG YEAR 9 for close to to block clubs, and has made the information available $30,000 as noted above. In addition, the Department to COPS stations at regular intervals. In some cases, has designated $150,000 of these funds to upgrade the the Department notifies individual residents through current radio system utilized by Narcotics and SWAT. door-to-door canvassing of the neighborhood to This system will be encrypted, with state of the art address particular concerns based on evaluation of the communication abilities and is in compliance with threat posed by an offender. current recommendations pertaining to homeland The Department has collaborated with the Buffalo security issues. Furthermore, based on past Public Schools, New York State Parole, Erie County experience, the Department will utilize approximately Probation, US Probation, victim service providers, $100,000 of these funds in the upcoming fiscal year to mandated sex offender treatment providers, the make necessary purchases of items not adopted in the National Center for Missing and Exploited Children, City's Budget. Lastly, some of these funds must be Prevent Child Abuse New York, and other law retained for future years required expenditures. Drug enforcement agencies, the FBI, local colleges and Asset Forfeiture Funds are never guaranteed and universities, block clubs, and the District Attorney's according to federal regulations, can never be Office, to educate the public about the dangers of sex anticipated or budgeted before receiving them. offenders, prevention strategies, offender monitoring, Therefore, the Department always retains a portion of and appropriate responses to cases of suspected the existing funds for future years to ensure its sexual assault and abuse. The Department will continued operation. cooperate with and support any effort by such entities Considering the above requirements, the Department to further disseminate this information to the citizens of anticipates having approximately $30,000 in the City of Buffalo. undesignated funds that can be directed toward future We encourage the Common Council to explore the law enforcement initiatives with the possibility the Council and other entities within City community as the need arises. These funds must be government take an active role in the dissemination of used for activities related to law enforcement and any this information. As stated above, while many funding utilized in this regard cannot exceed 15% of the communities have developed a policy of release of this information by the school district, the Sex Offender Registration Act states only that police notify "entities REFERRED TO THE COMMITTEE ON BUDGET with vulnerable populations". The law does not restrict further dissemination of the information. NO. 40 The recent study by Parent's for Megan's Law REQUEST FOR NO TOLERANCE/NO PLEA ZONE evaluated each state's version of Megan's Law. New ON EAST York State's Sex Offender Registration Act received a DELAVAN AVE., EAST FERRY ST., JEFFERRSON failing grade based on that organization's 10-pointt AVE. AND FILLMORE AVE."] criteria. It did not examine execution of the various state [RES. 138 CCP MAY 3, 2005] laws at the local level. The Department encourages In response to the aforementioned Resolution, a firm elected officials and citizens to consider this evaluation, commitment from the office of the District Attorney and any proposed legislation or policies that will would be required in order for such an Initiative to be increase safety for potential victims and accountability successfully implemented. for sex offenders. In fairness to all City residents, the Buffalo Police Roughly half of all victims of sex offenders are adults. It Department, with the support of the District Attorney's is important that we recognize this fact as we continue office would certainly consider participating in the to improve notification procedures and sex offender Initiative as long as several locations throughout the management strategies. The Department strongly City are targeted. encourages the dissemination of information to all REFERRED TO THE COMMITTEE ON LEGISLATION citizens as part of a collaborative community approach to sex offender management. It is important that NO. 41 community notification is accompanied with information # OF OUTSTANDING WARRENTS IN COB on how to prevent, identify, or report sexual assault and abuse. Dear Ms. Collins: Laura Ahearn, Executive Director of Parents for Enclosed is the information the Common Council Megan's Law, has stated: 'Sex offender notifications requested regarding the total number of outstanding must be accompanied with support services to educate warrants in the City of Buffalo as well as the and support our communities. These services will type/category of the warrant. ultimately serve to help parents and caregivers protect If you have any questions or require further information their children not only from those who are known please contact Deputy Police Commissioner Robert convicted offenders but also from those who are not Chella. known or convicted. REFERRED TO THE COMMITTEE ON LEGISLATION The national Center for Sex Offender Management (CSOM) has available online important information on NO. 42 the development of coordinated community responses TRADE OF EXISTING EXCESS 9 MM GLOCK 17 to sex offender management. We welcome the HANDGUNS opportunity to work with the Council and the citizens of The Buffalo Police Department SWAT Team hereby this community to continue to improve community requests approval from your honorable body to enter notification procedures, and to support the efforts of the into a trade agreement involving the above mentioned Buffalo Police Department and other agencies involved weapons. As indicated from the attached in prevention, identification, and response to sexual correspondence, the Department has an excess of assault and abuse. 9ram Glock 17 handguns due to the downsizing of the REFERRED TO THE COMMITTEE ON LEGISLATION force. Trading some of these excess weapons wiU allow the SWAT team, at no cost to the City, to upgrade NO. 38 its current arsenal of handguns to a more reliable, RENAME MORELAND FIELD "WILLIAM EDWARD superior caliber weapon. MADDEN, SR" FIELD The Buffalo Gun Center has submitted a preliminary [ITEM #124, C.C.P., APRIL 19, 2005:] proposal involving this exchange and appears to be The Department has no comments and/or offering the best deal for the City. In conversation with recommendations on the aforementioned item. the purchase department, however, at least two other RECEIVED AND FILED bids will be obtained from authorized dealers before completing this transaction, with the award going to NO. 39 best responsible, licensed bidder. ["REQ FOR ADDITIONAL POLICE DRUG AND GUN If you have any questions regarding this proposal, SNIFFING DOGES IN THE CITY OF BUFFALO"] please contact Chief Richard Ortiz at 851-5181 or [ITEM #140, C.C.P. MAY 3, 2005:] SWAT Captain Mark Maraschiello at 851-4412. Presently the Buffalo Police Department has two REFERRED TO THE COMMITTEE ON FINANCE AND Officers assigned to the K-9 unit. These dogs are THE CORPORATION COUNSIL trained in bomb and drug detection. We are increasing the training of these Officers and their K-9 partners in NO. 43 other areas of expertise such as gun detection, human "UPDATES TO THE COB GARAGE SALE and cadaver location. ORDINANCE"] We have received great praise from Buffalo Police [ITEM #115, C.C.P., APRIL 19, 2005:] Department Officers and other outside agencies on the The Department has no comments and/or expertise these Officers and dogs bring in crime fighting recommendations on the aforementioned item. in and outside our city. These officers are available for RECEIVED AND FILED use on a scheduled shift as well as call out procedures. At the present time there are no additional plans to add FROM THE COMMISSIONER OF FIRE to the existing contingent of Officers dedicated to the K-NO. 44 9 Unit. LEAVE OF ABSENCE- CORRECTION Be advised that it was previously submitted that charge of the City Clerk. Complaints are sometimes effective May 9, 2005, Firefighter Robert Bremer will received by our department and are referred to the City return from his military leave of absence. The correct Clerk Office for licensing issues. When complains are return date is May 1, 2005. Thank you. received that the occupant of a home or apartment is Gamell W. Whitfield, Jr. housing multiple dogs, it is very difficult to prove the RECEIVED AND FILED number of dogs being housed unless the Inspector is allowed on the interior of the subject house or the dogs FROM THE CORPORATION COUNSEL are being housed on the exterior of the premises. As your honorable body is aware we in the Department of NO. 45 Inspections Services have an open working relationship BUFFALO CODE §511-4 CLARIFICATION OF CITY with the SPCA and the Buffalo Animal Control Bureau. CHARTER Current legislation and the abundance of vacant ITEMS #109, C.C.P. 05/03/05 dilapidated properties have given rise to the number of I am in receipt of the above-referenced Common dog fighting rings and illegal kennels. We agree that the Council Communications. As per the request of your current Zoning Ordinance that governs kennels may Honorable Body, I am providing information regarding have been adequate when initially written, but tighter the definition of the word "premise" as used in the cited controls and more stringent requirements may be Ordinance. needed. I would like to inform your Honorable Body that Black's Law Dictionary defines premises as "a house or we in the Department of Permit and Inspection Services building, along with its grounds." Therefore, the use of that we would participate in further discussions for the the word premise in the definition of a kennel in the furtherance of tighter legislation to help curb this referenced section of the Ordinance includes all problem. It is my sincere hope that this response properties, residential and commercial, and the land satisfies your inquiry. connected to that property. REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 NO. 46 Food Store License SETTLEMENT OF PORTER V. CIT,/OF BUFFALO 2887 Bailey (Lovejoy) The Corporation Counsel herewith requests approval of Pursuant to Chapter 194 of the City of Buffalo the settlement of the lawsuit of Porter v. City of Buffalo. Ordinances, please be advised that I have examined A legal summary of the case will be distributed the attached application for a Food Store License individually to all Council members. located at 2887 Bailey and find that as to form is Mr. Coppola moved: correct. I have caused an investigation into the That the above communication from the Corporation premises for which said application for a food store Counsel dated May 26, 2005, be received and filed; license is being sought and according to the attached and reports from the Zoning Office, Fire Department, That the Corporation Counsel be and he hereby is Building Inspections, Police Department and authorized to settle the claim in Porter v. City of Buffalo Collections Office I find it complies with all regulations in the amount of $825,000.00. and other applicable laws. This request is submitted for PASSED your approval or whatever action you deem AYES - 9 NOES - 0 appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 49 Food Store License NO 47 3306 Bailey (University) CLARIFICATION IN THE CITY CHARTER Pursuant to Chapter 194 of the City of Buffalo Item No. 109, C.C.P. 5/3/2005: Ordinances, please be advised that I have examined I am in receipt of the above stated Common Council the attached application for a Food Store License Communication and wish to supply your Honorable located at 3306 Bailey and find that as to form is Body with the following information. As you have stated correct. I have caused an investigation into the in your Honorable Body's resolution, according to premises for which said application for a food store Chapter 511-4 of the Zoning ordinance of the city of license is being sought and according to the attached Buffalo, a kennel is described as any premises on reports from the Zoning Office, Fire Department, which four or more dogs over four months of age are Building Inspections, Police Department and kept". According to Section 511-40 K. (4) a Kennel Collections Office I find it complies with all regulations requires a minimum of a CM General Commercial and other applicable laws. This request is submitted for District Zoning district to be considered for a "legal your approval or whatever action you deem use". Thus, a Kennel may not be located in a R1 One appropriate. Family District, R2 Dwelling District, R3 Dwelling REFERRED TO THE COMMITTEE ON LEGISALTION District, R4 Apartment District, R5 Apartment - Hotel, C1 Neighborhood Business District, C2 Community NO. 50 Business District and C3 Central Business District. As a Food Store License "Kennel" is decried in the Zoning Ordinances and "use " 31 Marine FILLMORE is established in a CM General Commercial District, a Pursuant to Chapter 194 of the City of Buffalo Building "Use" Permit is required to establish a Ordinances, please be advised that I have examined Commercial Kennel. This type of Permit and the the attached application for a Food Store License compliance the necessary codes would fall under the located at 31 Marine and find that as to form is correct. I jurisdiction of the Department of Permit and Inspection have caused an investigation into the premises for Services. As you are aware the licensing of dogs is the which said application for a food store license is being sought and according to the attached reports from the Pursuant to Chapter 150 of the City of Buffalo Zoning Office, Fire Department, Building Inspections, Ordinances, please be advised that I have examined Police Department and Collections Office I find it the attached application for a Restaurant Dance Class complies with all regulations and other applicable laws. 1V License located at 199 Delaware and find that as to This request is submitted for your approval or whatever form is correct. I have caused an investigation into the action you deem appropriate. premises for which said application for a Restaurant Mr. Coppola moved: Dance Class IV license is being sought and according That the above communication from the Commissioner to the attached reports from the Zoning Office, Fire of Permit and Inspections Services dated May 20, Department and Building Inspections, I find it complies 2005, be received and filed; and with all regulations and other applicable laws. I have That pursuant to Chapter 194 of the City Code, the caused an investigation by the Police Department into Commissioner of Permit and Inspections Services be, the moral character of Scan Murphy. The attached and he hereby is authorized to grant a Food Store thereto for Scan Murphy d/b/a Jade. This request is License to Richard Hutchens, located at 31 Marine. submitted for your approval or whatever action you PASSED deem appropriate. AYES – 9 NOES – 0 Mr. Coppola moved: That the above communication from the Commissioner NO. 51 of Permit and Inspections Services dated May 20, Restaurant Dance Class I & II 2005, be received and filed; and 948 Main ELLICOTT That pursuant to Chapter 150 of the City Code, the Pursuant to Chapter 150 of the City of Buffalo Commissioner of Permit and Inspections Services be, Ordinances, please be advised that I have examined and he hereby is authorized to grant a Restaurant the attached application for a Restaurant Dance Class I Dancing Class IV License to Sean Murphy d/b/a Jade, & II License located at 948 Main and find that as to form located at 199 Delaware Avenue. is correct. I have caused an investigation into the Passed. premises for which said application for a Restaurant AYES – 9 NOES – 0 Dance Class I & II license is being sought and according to the attached reports from the Zoning NO. 54 Office, Fire Department and Building Inspections, I find Used Car Dealer it complies with all regulations and other applicable 1540 Seneca St (Lovejoy) laws. I have caused an investigation by the Police Pursuant to Chapter 254 of the City of Buffalo Department into the moral character of Roslyn Righetti. Ordinances, please be advised that I have examined The attached thereto for Roslyn Righetti d/b/a Ms. the attached application for a Used Car Dealer License Kitty's Martini Bar/Patio. This request is submitted for located at 1540 Seneca St and find that as to form is your approval or whatever action you deem correct. I have caused an investigation into the appropriate. premises for which said application for a used car REFERRED TO THE COMMITTEE ON LEGISLATION dealer license is being sought and according to the attached reports from the Zoning Office, Fire NO. 52 Department and Building Inspections, I find it complies RESTAURANT DANCE CLASS III with all regulations and other applicable laws. I have 68-70 CHIPPEWA WEST ELLICOTT caused an investigation by the Police Department into Pursuant to Chapter 150 of the City of Buffalo the moral character of Shari Mancini. The attached Ordinances, please be advised that I have examined thereto for Shari Mancini d/b/a Lugnutz Automotive the attached application for a Restaurant Dance Class Sales. This request is submitted for your approval or III License located at 68-70 Chippewa West and find whatever action you deem appropriate. that as to form is correct. I have caused an investigation REFERRED TO THE COMMITTEE ON LEGISLATION into the premises for which said application for a Restaurant Dance Class III license is being sought and NO. 55 according to the attached Certificate of Compliance OBTAINING/RECORDING PROP report. I find it complies with all regulations and other EVENTUAL NEW USE OF PROPERTY applicable laws. I have caused an investigation by the AFTER DEMOLITION Police Department into the moral character of John Re: Your request, in point 3 of CC Resolution #123 Balconi. The attached thereto for John Balconi d/b/a dated October 5, 2004, for a method of obtaining and Subzero Niteclub. This request is submitted for your recording the proposed eventual new use of a property approval or whatever action you deem appropriate. after a demolition: Mr. Coppola moved: Ray McGum asked Mike Rivera to alter the Demo That the above communication from the Commissioner permit type in the Hansen program. Attached is a of Permit and Inspections Services dated May 20, screen shot of the 'Demolition' tab screen in the Demo 2005, be received and filed; and permit. The box is a text field, with room for any That pursuant to Chapter 150 of the City Code, the description and comments. We are asking for the Commissioner of Permit and Inspections Services be, information from the applicants, and will record and he hereby is authorized to grant a Restaurant proposed future use, or a response of no knowledge of Dancing Class III License to John Balconi d/b/a future use. Subzero Niteclub, located at 68-70 Chippewa West. RECEIVED AND FILED PASSED AYES – 9 NOES – 0 NO. 56 Request quarterly Report on the collection of rental NO. 53 registry fees, Restaurant Dance Class IV housing inspections completed and the number of 199 Delaware (Ellieott) violations issued by the inspections department number ICR-152 was used for interior and exterior inspections. This was a three page notice listing fifty (Item No. 139, C.C.P. 5/3/2005: (50) separate violations of the Housing and Property I am in receipt of the above stated Common Council Code. Each violation had sub-categories to list Communication and wish to supply your Honorable violations. We have examined the Erie County Body with the following information. Chapter 264, document and it appears to be a nice tool to remind the Licensing of Rental Housing was made obsolete with Health Department personnel to address each item the passage of Chapter 264, Rental Dwelling Unit during their inspection process. We feel our personnel Registration. This new ordinance was made effective are of the caliber that they do not require a reminder July 16, 2004. As of this writing approximately 40,000 notice when performing their duties. The Department notices to register rental property have been sent to uses an exterior Notice of Violation, which has been owners of rental property in the City of Buffalo. This updated to reflect the newly enacted Compilation of listing was established with the assistance of MIS and Codes of the State of New York. In addition our is based upon the billing address of each assessed Department is working with the Department of MIS to parcel. Approximately 8,000 property owners have paid computerize all exterior inspection notifications for use the fees for the registration thus far resulting in with the PDA units supplied to inspection personnel. approximately $ 320,000.00 in revenue. Your Mention was also made of the amount of the suggestion for a citywide comprehensive inspection registration fee being charged for 77 Johnson Park. I program would only be possible with a dramatic would like to inform your Honorable Body that the fee increase in manpower. We are in the infant stages of for any and all multiple dwellings is the same. The only this new ordinance and it's practical application. We are fee that will vary is the Certificate of Occupancy fee, hopeful that your Honorable Body will see it's way to which is based on the number of housing units in each the appointment and funding for additional Building structure. In this communication mention was made of Inspectors and clerical support staff. These additional the number of violations cited by the Building Inspector Building Inspectors will be responsible for inspecting in relation to the number of violations cited by the landlord complaints, tenant complaints, serving vacate Health Inspector of Erie County. I would like to inform notices, summons and complaints, appearance tickets your Honorable Body that this property was initially and performing interior and exterior inspections. With inspected on June 11, 2004 and was written for housing the help of additional clerical support staff, we are court on August 30 2004. This property was the subject hopeful that we can research the approximately 30,000 of a trial and we served additional Notices of Violation properties that have to be processed. We will make on October 27, 2004 and most currently on March 16, every attempt possible to provide your Honorable Body 2005.The owner of this property was fined at a Housing with a quarterly report of the progress of this newly Court appearance in March of this year. The Initial enacted program, provided we are staffed to fully Notice of Violation, court case and other violation implement this ordinance as written. It is my sincere notices are not included in the notice of violation dated hope that this response satisfies your inquiry. March 16, 2005. The violations cited in this REFERRED TO THE COMMITTEE ON FINANCE communication are separate cases from the outstanding court case and previous notice of No. 57 violations. The Building Inspector is scheduled to meet Sidewalk Cafe License the owner of the property on May 18, 2005 and will 69 Chippewa West (Ellieott) remain in contact with them to assure compliance to all The Common Council approved a sidewalk car6 for the applicable codes. It is my sincere hope that this restaurant located at 69 Chippewa West on July 24, response satisfies your inquiry. 2001 (C.C.P. #154). The restaurant, formerly known as REFERRED TO THE COMMITTEE ON LEGISLATION Barristers, is now owned by Paul Bonito and called AND THE CORPORATION COUNSEL Bottom's Up. Mr. Bonito has requested permission to FROM THE COMMISSIONER OF ADMINISTRATION install a similar car6. The Department of Permit & AND FINANCE Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere NO. 59 license" to encroach City right of way provided all COMPTROLLERS REPORT conditions in the above mentioned approval are met. FUELMASTER REPORT Mr. Coppola moved: PLEASE FIND THE FOLLOWING AND ATTATCHED That the above communication from the Department of DOCUMENTS RE-GUARDING THE COMPTROLLERS Public Works, Parks and Streets dated April 25, 2005 RECOMMENDATIONS RELATED TO FUELMASTER be received and filed; and TH AUDIT DATED APRIL 72005. That the Commissioner of Public Works, Parks and 1. ACCOUNTING DIVISION WAS AND IS AWARE Streets be, and he hereby is authorized to issue a OF ALL AGREEMENTS AND CIRCUMSTANCES "mere license" to Mr. Paul Bonito, applicant, and owner REGUARDING THE BILLING AND COLLECTION OF of Bottom's Up located at 69 Chippewa West, to install DEBTS OWED THE CITY OF BUFFALO BY ERIE a sidewalk cafe which would encroach city right-of-way COUNTY UNDER THE CITY/COUNTY PARKS at said address, subject to conditions. AGREEMENT. (SEE ATTACHED ITEM #1) Passed 2. ONE OF THE TWO INDIVIDUALS WHO WERE AYES – 9 NOES – 0 DEEMED NON CITY OF BUFFALO EMPLOYEES ARE IN FACT EMPLOYED BY CITIZEN NO. 58 SERVICES AND THE OTHER IS AUTHORIZED Utilizing a pre-determined inspection violation form TO RECEIVE FUEL THROUGH THE OLMSTEAD Ext. (Item No. 134, C.C.P. 5/3/2005: PARKS CONSERVENCY. ( SEE ATTACHED I am in receipt of the above stated Common Council ITEM # 2) Communication and wish to supply your Honorable 3. EMPLOYEES HAVE AND CONTINUE TO Body with the following information. In the past a form RECEIVE TRAINING AND CORRESPONDENCE REGUARDING THE RESOURCES CORRECT PROCEDURES AND IMPORTANCE OF ENTERING CORRECT DATA IN ORDER TO NO. 62 PRODUCE ACCURATE RECORDS. THE POLICE RECYCLING RATES IN CITY HALL DEPARTMENT IS CONDUCTING INVENTORY OF In response to Item #133, CCP May3, 200 "Recycling VEHICLE KEYS AND AWARENESS PROGRAM WITH Rates in City Hall l advise the following. OFFICERS. (SEE ATTACHED #3) The Department of Human Resources actively recycles. 2004-102 4. ANSWERED IN RESPONSE #3 Each office has a recycling bin, as do the photocopy 5. ALL PUMPS AND METERS ARE workstations. Our staff routinely fills the bins as a result 9624 Title Code No. WITHIN ERIE of their conservation efforts. COUNTY WEIGHTS To keep our staff attuned to the importance of this effort AND MEASURES I have placed the attached notice in each of our offices. TOLERANCES. (SEE ATTACHED # 5) RECEIVED AND FILED 6. (SEE ATTACHED # 1 AND #6 ) FROM THE CITY CLERK 7. (SEE ATTACHED # 7 FOR EXAMPLE OF MONTHLY REPORTS ISSUED TO NO. 63 DEPARTMENTS) Minutes of the Board of Ethics 8. THE VEHICLE ASSETT DATABASE LISTS ALL Attached please find the minutes of the May 15, 2005 CITY OF BUFFALO VEHICLES AND DENOTES Board of Ethic meetings. THE TYPE OF FUEL USED OR IF ELECTRIC The Buffalo Board of Ethics will be in recess during the POWERED OR NON POWERED EQUIPMENT months of June - August. The Secretary to the Board SUCH AS TRAILERS ECT. will inform Board Members of anything requiring 9. THE COMPTROLLERS REPORT STATED THAT immediate attention and a special meeting will be CONTROLS APPEAR SUFFICIENT. called. REFERRED TO THE COMMITTEE ON FINANCE RECEIVED AND FILED NO. 60 NO. 64 AUCTION PROCEDURE Liquor License Applications AS PER YOUR REQUEST ITEM #32, C.C.P 5/17/05 Attached hereto are communications from persons AUCTION REQUEST. THE DIVISION OF PURCHASE applying for liquor licenses from the Erie County MAINTAINS A LIST OF VEHICLES FROM VARIOUS Alcohol Beverage Control Board. DEPARTMENTS THAT ARE EITHER NO LONG OF Address Business Name USE OR ROAD WORTHY. THE SUPERVISOR OF Owner's Name 80 HUgheAve Canisius College MECHANICS FORWARDS A LISTING STATING THE s VEHICLE ASSET NUMBER ALONG WITH THE Canisius College CONDITION/LOCATION OF EACH VEHICLE. ONCE 220 Delaware Ave. MVP Dev. Corp. WE HAVE ACCUMALTED SEVERAL VEHICLES WE Kevin A. Grupp COMPOSE A LIST FOR UPCOMING AUCTION. THE dba Salaaritas DIVISION OF PURCHASE MAINTAINS A LIST OF Fresh Cantina INDIVIDUALS WHO ARE INTERESTED IN BIDDING 1 Letchworth St. Jonathan M. Korta AND MAILS OUT NOTICIFCATIONS OF AUCTION. Jonathan M. Korta WE ALSO ADVERTISE IN THE BUFFALO NEWS 25 Lethhworth St. Matthew J. Wright ALONG WITH THE LAW JOURNAL. IT IS AN OPEN Matthew J. Wright AUCTION. AUCTIONS ARE DONE ON AN AS RECEIVED AND FILED NEEDED BASIS. USUALLY IN SPRING AND FALL. YOU HAVE ANY QUESTIONS PLEASE FEEL FREE No. 65 TO CONTACT ME. Notices of Appointments - Council Interns REFERRED TO THE COMMITTEE ON FINANCE I transmit herewith appointments to the position of Council Intern V. Coppola moved the approval of the NO. 61 appointments to the position of Council Intern. Establish a T&A Account for Dwelling Registration ADOPTED. Funds Certificate of Appointment I have reviewed the resolution and believe it would be Appointment Effective: 5-17-05 in the Department of illegal to pass an amendment to the Dwelling Common Council Registration Ordinance that would create a T&A for Division of Delaware District to the Position of intern V proceeds from this program for the 2005-06 fiscal year. TEMPORARY NON-COMPETITIVE FLAT Starting The General Fund is balanced with the revenue from Salary $8.00 this program and the revenue estimate exceeds the Christopher L. Ganci 683 Crescent Avenue Buffalo, amount appropriated for the program. Consequently, New York 14216 removing the revenue and expenses from the General Fund would unbalance the General Fund and violate No. 66 the City Charter and the NYS Constitution. Notices of Appointments - Seasonal/Flat Such an account could be created for 2006-07 provided I transmit herewith certificates received by me, its creation is coordinated with the Budget Office so that reporting seasonal and flat salary appointments made the General Fund budget does not contain the Dwelling in various departments. Registration revenue. RECEIVED AND FILED. I trust this addresses your concerns. Certificate of Appointment REFERRED TO THE COMMITTEE ON LEGISLATION AppointmentEffective:5/11/2005 in the Department of Public Works, Parks & Streets Division of Streets, to the FROM THE COMMISSIONER OF HUMAN Position of Laborer II Temporary, Non-Competitive Flat Starting Salary $8.15 development of this parcel. The Advisory Council looks Patrick Overdorf 122 Turner Ave Buffalo, NY 14220 forward to working with representatives of the City, the Patrick Scanlon 201 Cumberland Ave Buffalo, NY Common Council, and the designated developer to 14220 insure a successful development of the property. NO. 67 If you or any Council member would like to discuss this APPOINTMENTS-TEMPORARY, PROVISIONAL OR matter further, please call me at 856-3771 or Frank PERMANENT Lysiak at 855-2565. I transmit herewith Appointments in the various REFERRED TO THE COMMITTEE ON COMMUNITY departments made at the Minimum (Temporary, DEVELOPMENT. Provisional or Permanent)(as per contract requirements). NO. 70 REFERRED TO THE COMMITTEE ON CIVIL L. P. CIMINELLI SERVICE. BOARD PACKET DOCUMENTS-5/16/05 ADMINISTRATION AND FINANCE Attached are the following documents from the May 16, Appointment Effective May 31, 2005 in the Department 2005 Joint Schools Construction Board Meeting: of Administration and Finance, Division of Parking 1. Draft Agenda Enforcement, to the Position of 2. Meeting Minutes from JSCB Meeting dated April Parking Meter Coin Collector (part-time) provisional, at 11, 2005 the minimum starting salary of $9.00/hr. 3. Application and Certificate for Payment No. 33 - Philip E. Frederick Jr. 80 Avery Avenue Buffalo 14216 April 2005 COMMUNITY SERVICES 4. Phase I/Application and Certificate for Payment Appointment Effective May 23, 2005 in the Department No. 7 - April 2005 of Community Services, Division of Youth Bureau, in 5. Amendment of PPDS Agreement in respect to the position of Asst. Coordinator of Youth Programs, Managing Architect provisional, at the minimum starting salary of $28,449. 6. Bid Evaluation for PS #95 - Waterfront School Nina M. Littlejohn 492 Adams Street Buffalo, NY 14212 7. Follow Up Bid Evaluation for PS #95 - Waterfront DEPARTMENT OF POLICE School Appointment Effective: May 2, 2005 in the Department 8. May 2005 Census Report of Police to the Position of Crime Scene Technician, 9. Buffalo Building Trades Pre-Apprenticeship Temporary, at the minimum starting salary of $40,670. Training Program Tachelle C. Wright 396 Shirley Ave Buffalo, NY 14215 10. Phase II Procurement Schedule DEPARTMENT OF PUBLIC WORKS 11 Bevlar & Associates Inc. Construction Contract Appointment Effective: 5/17/05 in the Department of Monitoring and Compliance Services Monthly Public Works, Division of Streets to the Position of Report for Addendum 1 Project - March 2005 Street Worker, Permanent, at the minimum starting 12. Meeting Minutes from Inclusion Committee dated salary of $26,779. January 31, 2005 Michael J. Valenti 13. Meeting Minutes from Inclusion Committee dated 572 Tacoma Ave. March 15, 2005 Buffalo, NY 14216 14. Team Progress Report-April 2005 RECEIVED AND FILED. NON-OFFICIAL COMMUNICATIONS, PETITIONS NO. 71 AND REMONSTRANCES 76/78 TRACEY STREET HALFWAY HOUSE Please file the attached correspondence for the NON-OFFICIAL COMMUNICATIONS upcoming Council Session to be held on Tuesday, May 31, 2005 for further discussion. NO. 68 Thank you in advance for you assistance in this matter. CERTIFICATION OF ACTION TAKEN AT COUNCIL We would like to inform your office that a MEETING halfway house for the mentally ill has just opened at RESOLUTION IN SUPPORT OF THE CREATION OF 76/78 Tracy Street in Buffalo. The property is located BUFFALO WATERFRONT across the street from the Herman Badello School. The On File in Clerk’s Office. community and the school administration were never Received and Filed. informed of the project. NO. 69 The property is owned by Western NY L. CHABOT-SUPPORT DEVELOPER PARCEL NEAR Properties and the owner's name is Rene Finkas ADMIRAL’S WALK (phone number: 446-5532). We talked to a On behalf of the Waterfront Village Advisory Council representative of the company (Alex) and the only thing ("the Advisory Council"), I would like to thank the he could tell us is, "The mentally ill have to live Common Council for passing the resolution on May 17, somewhere the City of Buffalo doesn't have any laws 2005 supporting the participation of the Advisory that restrict the use of our property," and then hung up. Council in the selection of a designated developer and The only thing we as a community would like is some that the four items listed in our letter of May 10, 2005 be respect, especially concerning a venture like this. When considered as part of the process of designating a you witness individuals yelling profanities at the trees developer for the parcel next to Admiral's Walk. Special that surround the school, then I would say that we have thanks goes to Community Development Committee a potential problem. Since the building has been Chairman Joseph Golombek, Jr. and committee occupied the Buffalo Police are there 3-4 times every members Councilmen David Franczyk, Brian Davis, month. and Dominic Bonifacio, Jr. for providing the Advisory We understand that as long as they are Council an opportunity to discuss our concerns, and nonviolent a home like this can be set up in the City of also for sponsoring the resolution. Buffalo, but who makes the determination that they are The Waterfront Village residents are supportive of the nonviolent? Is it a psychologist or a mental health worker? Who ensures that they take their medication? Michigan Avenue being a two-way street. As an effect These are questions that the owner refuses to answer. to Michigan Avenue becoming a two-way street, this Once again thank you for everything and if has caused over sixteen reported accidents. I have you have any questions please feel free to call me at personally experienced the loss of two of my personal 852-7669. vehicles: one to a drunk driver and the second to a hit REFERRED TO THE COMMITTEE ON LEGISLATION, and run. CORPORATION COUNSEL, COMMISSIONER OF I have filed a notice of hazardous condition with the city, PERMITS AND INSPECTIONS. and I have also put in a claim to recoup the cost for my work car that only had liability and was totaled. NO. 72 Once again I am asking you to revisit the street change L. PIERRO-PHARCO CO (BUFFALO WEAVING AND issue. I would like for you to also investigate my claim. I BELTING) CO. BOILER HOUSE LOCATED NEAR think that a solution to this problem would be to put a 160 CHANDLER ST. stop sign on the comer of Southampton so that a As discussed on Friday by you and our member Henry person can't clock the lights and be doing no less than Baxter this boiler house, built c1905, has features fifty (50) by the time they hit Southampton north bound. making it a good example of the industrial architecture This is extremely dangerous. I invite you also to just of that period when Buffalo's industry relied on ride by and see for your self the serious hazardous installations of this sort for producing steam and power. condition brought on by the street change Unfortunately such examples are becoming rare. REFERRED TO THE COMMITTEE ON LEGISLATION, We suggest therefore that further investigations be COMMISSIONER OF PUBLIC WORKS, AND made in particular of the building's interior to view the CORPORATION COUNSEL. equipment, boilers, pumps and possibly steam engines which would add to its historic value. At the very least NO. 76 items of interest should be photographed. D. PASTERNAK The building appears to be undamaged by the fire and PURCHASE OF PAPER STREETS-WILLETT AND otherwise in relatively good condition. In addition its FENTON small size, about 1,200 square feet, suggests it to be a As per our phone conversation, I am once again writing practical candidate for preservation. to request the purchase of the paper streets known as REFERRED TO THE COMMITTEE ON COMMUNITY Willett and Fenton. DEVELOPMENT. If the council will not consider the sale of both, I would like to purchase the Willett paper street. If added to the NO. 73 17 and one-half feet I own on each side, I have a buyer MR. & MRS. DANIEL MARINARO for the property which would generate, as you know, PURCHASE PORTION OF BUFFUM STREET greatly needed income for both the city and the county. Please be advised that the Department of As you can see from the following enclosures, I have Public Works and the City Planning Board have denied been trying to purchase paper streets from the city your request to purchase a portion of Buffum Street. since 1989, and each request was denied. As I The Department of Public Works has advised received rejection letters from Mr. Hannon, city workers my office that interest has been expressed in the Montalvo, Mielcarek, Grzebielucha (Mr. Hannon's development of the entire area as a residential secretary) and Serafin were sold paper streets. Also community. As a result the Department of Public Works sold, as you informed me, was a 20 foot piece of a is strongly against the abandonment and sale of a paper street where a driveway was put in. portion of Buffum Street. You brought up the issue of the "Friends of the Buffalo The city Planning Board has also River" being upset because the sale of the Willett paper recommended to deny your request for the street would deny access to the Buffalo River. Access, abandonment and sale would landlock parcels on the however, can be gained from South Ogden Street or west side of Buffum Street limiting future development any side street from Fenton Street to Houghton Park. I of those parcels. also do not understand why they would be concerned If you have any questions or comments, with the sale of the Willett paper street when they were please do not hesitate to contact this office at 851-not concerned with the sale of the others. 5278. Some time ago, I spoke with a FEMA worker, whose RECEIVED AND FILED. name I will not mention at this time, who stated "this is nothing but a Buffalo government conspiracy." I would NO. 74 like to think this is not the case, but I am beginning to INFO-SENECA NATION CASINO IN BUFFALO wonder if it is true. This has now become an issue of LAWRENCE M. MECKLER, NFTA what is fair, and right, and just. RESOLUTION NO. 140 CCP MAY 17, 2005 Please present this request to the Common Council on Please be advised that the NFTA has not had any my behalf, so I can purchase at least the Willett paper discussions with the Seneca Nation regarding bringing street at a fair price. a casino to the City of Buffalo If there is anything else I need to do, please contact me Please provide a copy of the written responses to your at 823-1636 or 891-6444. resolution that you may receive from Mayor Masiello I am looking forward to hearing from you with a positive and County Executive Giambra. result. Thank you for your time and consideration. REFERED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON LEGISLATION, DEVELOPMENT. COMMISSIONER OF PUBLIC WORKS. NO. 75 NO. 77 B. MCINTYRE A. THOMPSON MICHIGAN AVENUE – TWO WAY STREET PARKS ADVISORY BOARD RECOMMENDATIONS I wanted to once again express my concern about of On behalf of the Masten District Council Office, I write to respectfully recommend the following individuals for PASSED the Buffalo Parks Advisory Board: AYES - 9 NOES - 0 Ada Hopson Clemons 56 Courtland Buffalo, N Y 14215 (716) 895-3380 NO. 84 Cedric Richardson 139 Northland Buffalo, N Y 14208 NOTICE OF APPTS.-TEMP./PROV./PERM. (C. CLK.) (716) 882-2235 (ITEM NO. 58, 5/17) I thank you for your time and consideration. Should you That the above item be and the same hereby is have any questions, please feel free to contact my received and filed. office at (716) 851-5145. ADOPTED RECEIVED AND FILED. FINANCE NO. 78 (BRIAN C. DAVIS, CHAIRMAN) A. THOMPSON-W.STESIAK NO. 85 REQ. DONATION-EAST HIGH’S MEMORIAL RECYCLING RATES IN CITY HALL (CIT. SVS.) LIBRARY (ITEM NO. 3, 5/17) I am writing to respectfully request your assistance in That the above item be and the same hereby is filing the attached document for the next Common received and filed. Council meeting on May 31, 2005. ADOPTED I thank you for your assistance in this matter. Should you have any questions, please feel free to contact me NO. 86 at (716) 851-5145. RECYCLING RATES IN CITY HALL (COMPT.) REFERRED TO THE COMMITTEE ON EDUCATION, (ITEM NO. 16, 5/17) BOARD OF EDUCATION. That the above item be and the same hereby is received and filed. PETITIONS ADOPTED NO. 79 NO. 87 S. DOCTOR, AGENT, USE 830 ABBOTT-RELOCATE RECYCLING RATES IN CITY HALL (ASSESS.) SIDEWALK CAF6 TO FRONT (SO) (ITEM NO. 17, 5/17) The attached is for Common Council Approval; but per That the above item be and the same hereby is Permits, no public hearing is required. received and filed. REFERRED TO THE COMMITTEE ON LEGISLATION, ADOPTED CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 88 RECYCLING RATES IN CITY HALL (BD. ED.) NO. 80 (ITEM NO. 48, 5/17) G. GORDON, AGENT, USE 2265 DELAWARE AKA That the above item be and the same hereby is 2263-65 DELAWARE-OUTDOOR PATIO (DEL) received and filed. The attached is for Common Council Approval; but per ADOPTED Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 89 CITY PLANNING BOARD AND CORPORATION RECYCLING RATES IN CITY HALL (CITY COUNSEL. CLERK) (ITEM NO. 52, 5/17) NO. 81 That the above item be and the same hereby is A. MICHAELIDIS, AGENT, USE 427 DELAWARE-received and filed. PLACEMENT OF SIDEWALK CAFE TO FRONT OF ADOPTED BLDG. (ELL) The attached is for Common Council Approval; but per NO. 90 Permits, no public hearing is required. B. RUSSELL-P. WOLF-RECYCLING IN THE REFERRED TO THE COMMITTEE ON LEGISLATION. COUNCIL STAFF OFFICE REGULAR COMMITTEES (ITEM NO. 69, 5/17) CIVIL SERVICE That the above item be and the same hereby is (BONNIE E. RUSSELL, CHAIRPERSON) received and filed. NO. 82 ADOPTED M. COPPOLA-RESPONSE RE: CIVIL SERVICE MONITORS NO. 91 (ITEM NO. 62, 5/17) P. WOLF-RECYCLING INFORMATION That the above item be and the same hereby is (ITEM NO. 73, 5/17) received and filed. That the above item be and the same hereby is ADOPTED received and filed. ADOPTED NO. 83 APPOINTMENT NO. 92 APPT-LABORER II (MAX)(A&F) PERMISSION TO PURCHASE UNMARKED (ITEM NO. 45-MAY 17, 2005) VEHICLES That Communication 45, May 17, 2005 be received (ITEM NO. 67, C.C.P., SEPT. 7, 2005) and filed and the permanent appointment of Lisa M. That the above item be, and the same hereby is Masiello stated above at the maximum starting salary of returned to the Common Council without $27,833 effective on May 9, 2005 is hereby approved. recommendation. Mr. Davis moved that the above item be recommitted to It is hereby certified, pursuant to Section 3-19 of the the Committee on Finance. Charter that the immediate passage of the foregoing ADOPTED ordinance is necessary. AYES – BONIFACIO, CONRAD, DAVIS, FONTANA, PASSED GOLOMBEK, RUSSELL, THOMPSON - 7 NOES – AYES - 9 NOES - 0 COPPOLA, FRANCZYK - 2 NO. 98 NO. 93 T. KLENTOS, PETITION TO USE 510 ELMWOOD RECYCLING EDUCATION EFFORTS (FINAL RES) AVENUE - SIDEWALK CAFE (ITEM NO. 117, 2/22) (ITEM NO. 80, C.C.P., MAY 17, 2005) That the above item be and the same hereby is That after the public hearing before the Committee on received and filed. Legislation on May 24, 2005, the petition of T. Klentos, ADOPTED agent, for permission to use 510 Elmwood for a sidewalk cafe be, and hereby is approved. NO. 94 PASSED CITY RESIDENTIAL RECYCLING AYES - 9 NOES - 0 (ITEM NO. 32, 5/3) That the above item be and the same hereby is NO. 99 received and filed. LABOY, PETITION TO USE 1175 A/K/A 1183 ADOPTED HERTEL AVENUE - 2 FAMILY DWELLING & RESTAURANT LEGISLATION (ITEM NO. 81, C.C.P., MAY 17, 2005) (RICHARD A. FONTANA, CHAIRMAN) That after the public hearing before the Committee on NO. 95 Legislation on May 24, 2005, the petition of A. Laboy, K. BRINKWORTH, PETITION TO USE 223 ALLEN agent, for permission to use 1175 a/k/a 1183 Hertel STREET - OUTDOOR PATIO Avenue for a 2 family dwelling with a sit-in restaurant on (ITEM NO. 77, C.C.P., MAY 17, 2005) the first floor be, and hereby is approved. That the above item be, and the same hereby is, PASSED returned to the Common Council without AYES - 9 NOES - 0 recommendation. Mr. Fontana moved that the above item be recommitted NO. 100 to the Committee on Legislation TO USE 518 NIAGARA STREET - SIDEWALK CARE ADOPTED (ITEM NO. 82, C.C.P., MAY 17, 2005) That after the public hearing before the Committee on NO. 96 Legislation on J. SHEPARD, PETITION TO USE 1122 HERTEL Father Guy F. Siracuse Trailblazer Signs (Item No. 145, AVENUE - ENCLOSED PATIO C.C.P., May 17, 2005) (ITEM NO. 78, C.C.P., MAY 17, 2005) PASSED That after the public hearing before the Committee on AYES - 9 NOES – 0 Legislation on May 24, 2005, the petition of J. Shepard, owner, for permission to use 1122 Hertel Avenue for an NO. 101 enclosed patio be, and hereby is approved. RESPONSE TO 1318 NIAGARA (STRAT PLAN) PASSED (ITEM NO. 5, 5/17) AYES - 9 NOES - 0 That the above item be and the same hereby is received and filed. NO. 97 ADOPTED ROSEMARY A. DIGIULIO, PETITION TO REZONE 259 MINERAL SPRINGS NO. 102 (ITEM NO. 79, C.C.P., MAY 17, 2005) ZONING BOARD OF APPEALS PROCESS (ZNG. That the Common Council of the City of Buffalo does BD.) hereby ordain as follows: (ITEM NO. 13, 5/17) That that part of the Zoning Ordinances of the City of That the above item be and the same hereby is Buffalo, Section 511-126 of Article XXV of Chapter 511 received and filed. as it relates to the use map thereof be amended to ADOPTED show a "CM" Commercial District rather than a "R-2" Residential District for the premises known as 259 NO. 103 Mineral Springs and as more fully described in the CRIME MAPPING (POL) maps attached to the application. (ITEM NO. 30, 5/17) This rezoning shall be effective providing the following That the above item be and the same hereby conditions are met: is received and filed. That this rezoning shall not be effective unless and until ADOPTED a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof NO. 104 of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such USED CAR DEALER LICENSE - 1140 BAILEY conditions as set by the City Planning Board are met. AVENUE That this Common Council finds this action to be an (ITEM NO. 38, C.C.P., MAY 17, 2005) Unlisted Action under the S.E.Q.R. Act and adopts That pursuant to Chapter 254 of the City Code, the petitioner's findings such that no further environmental Commissioner of Permit and Inspections Services be, review is required under said Act. and he hereby is authorized to grant a Used Car Dealer license to Frank Lepore d/b/a Best Auto Sales and That the above item be and the same hereby is Service Inc., located at 1140 Bailey Avenue. received and filed. PASSED ADOPTED AYES - 9 NOES - 0 NO. 88 NO. 105 RECYCLING RATES IN CITY HALL (BD. ED.) FATHER GUY F. SIRACUSE TRAILBLAZER SIGNS (ITEM NO. 48, 5/17) (ITEM NO. 145, C.C.P., MAY 17, 2005) That the above item be and the same hereby is Mr. Fontana moved that the above item be recommitted received and filed. to the Committee on Legislation ADOPTED ADOPTED NO. 89 NO. 106 RECYCLING RATES IN CITY HALL (CITY FOOD STORE LICENSE - 197 ALLEN CLERK) (ITEM NO. 47, C.C.P., MAY 3, 2005) (ITEM NO. 52, 5/17) (ITEM NO. 109, C.C.P., MAY 17, 2005) That the above item be and the same hereby is That the above item be, and the same hereby is received and filed. returned to the Common Council without ADOPTED recommendation. Mr. Fontana moved: That the above item is hereby NO. 90 denied B. RUSSELL-P. WOLF-RECYCLING IN THE ADOPTED COUNCIL STAFF OFFICE REGULAR COMMITTEES (ITEM NO. 69, 5/17) CIVIL SERVICE That the above item be and the same hereby is (BONNIE E. RUSSELL, CHAIRPERSON) received and filed. NO. 82 ADOPTED M. COPPOLA-RESPONSE RE: CIVIL SERVICE MONITORS NO. 91 (ITEM NO. 62, 5/17) P. WOLF-RECYCLING INFORMATION That the above item be and the same hereby is (ITEM NO. 73, 5/17) received and filed. That the above item be and the same hereby is ADOPTED received and filed. ADOPTED NO. 83 APPOINTMENT NO. 92 APPT-LABORER II (MAX)(A&F) PERMISSION TO PURCHASE UNMARKED (ITEM NO. 45-MAY 17, 2005) VEHICLES That Communication 45, May 17, 2005 be received (ITEM NO. 67, C.C.P., SEPT. 7, 2005) and filed and the permanent appointment of Lisa M. That the above item be, and the same hereby is Masiello stated above at the maximum starting salary of returned to the Common Council without $27,833 effective on May 9, 2005 is hereby approved. recommendation. PASSED Mr. Davis moved that the above item be recommitted to AYES - 9 NOES - 0 the Committee on Finance. ADOPTED NO. 84 AYES – BONIFACIO, CONRAD, DAVIS, FONTANA, NOTICE OF APPTS.-TEMP./PROV./PERM. (C. CLK.) GOLOMBEK, RUSSELL, THOMPSON - 7 NOES – (ITEM NO. 58, 5/17) COPPOLA, FRANCZYK - 2 That the above item be and the same hereby is received and filed. NO. 93 ADOPTED RECYCLING EDUCATION EFFORTS (FINAL RES) (ITEM NO. 117, 2/22) FINANCE That the above item be and the same hereby is (BRIAN C. DAVIS, CHAIRMAN) received and filed. NO. 85 ADOPTED RECYCLING RATES IN CITY HALL (CIT. SVS.) (ITEM NO. 3, 5/17) NO. 94 That the above item be and the same hereby is CITY RESIDENTIAL RECYCLING received and filed. (ITEM NO. 32, 5/3) ADOPTED That the above item be and the same hereby is received and filed. NO. 86 ADOPTED RECYCLING RATES IN CITY HALL (COMPT.) (ITEM NO. 16, 5/17) LEGISLATION That the above item be and the same hereby is (RICHARD A. FONTANA, CHAIRMAN) received and filed. NO. 95 ADOPTED K. BRINKWORTH, PETITION TO USE 223 ALLEN STREET - OUTDOOR PATIO NO. 87 (ITEM NO. 77, C.C.P., MAY 17, 2005) RECYCLING RATES IN CITY HALL (ASSESS.) That the above item be, and the same hereby is, (ITEM NO. 17, 5/17) returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted NO. 100 to the Committee on Legislation TO USE 518 NIAGARA STREET - SIDEWALK CARE ADOPTED (ITEM NO. 82, C.C.P., MAY 17, 2005) That after the public hearing before the Committee on NO. 96 Legislation on J. SHEPARD, PETITION TO USE 1122 HERTEL Father Guy F. Siracuse Trailblazer Signs (Item No. 145, AVENUE - ENCLOSED PATIO C.C.P., May 17, 2005) (ITEM NO. 78, C.C.P., MAY 17, 2005) PASSED That after the public hearing before the Committee on AYES - 9 NOES – 0 Legislation on May 24, 2005, the petition of J. Shepard, owner, for permission to use 1122 Hertel Avenue for an NO. 101 enclosed patio be, and hereby is approved. RESPONSE TO 1318 NIAGARA (STRAT PLAN) PASSED (ITEM NO. 5, 5/17) AYES - 9 NOES - 0 That the above item be and the same hereby is received and filed. NO. 97 ADOPTED ROSEMARY A. DIGIULIO, PETITION TO REZONE 259 MINERAL SPRINGS NO. 102 (ITEM NO. 79, C.C.P., MAY 17, 2005) ZONING BOARD OF APPEALS PROCESS (ZNG. That the Common Council of the City of Buffalo does BD.) hereby ordain as follows: (ITEM NO. 13, 5/17) That that part of the Zoning Ordinances of the City of That the above item be and the same hereby is Buffalo, Section 511-126 of Article XXV of Chapter 511 received and filed. as it relates to the use map thereof be amended to ADOPTED show a "CM" Commercial District rather than a "R-2" Residential District for the premises known as 259 NO. 103 Mineral Springs and as more fully described in the CRIME MAPPING (POL) maps attached to the application. (ITEM NO. 30, 5/17) This rezoning shall be effective providing the following That the above item be and the same hereby conditions are met: is received and filed. That this rezoning shall not be effective unless and until ADOPTED a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof NO. 104 of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such USED CAR DEALER LICENSE - 1140 BAILEY conditions as set by the City Planning Board are met. AVENUE That this Common Council finds this action to be an (ITEM NO. 38, C.C.P., MAY 17, 2005) Unlisted Action under the S.E.Q.R. Act and adopts That pursuant to Chapter 254 of the City Code, the petitioner's findings such that no further environmental Commissioner of Permit and Inspections Services be, review is required under said Act. and he hereby is authorized to grant a Used Car Dealer It is hereby certified, pursuant to Section 3-19 of the license to Frank Lepore d/b/a Best Auto Sales and Charter that the immediate passage of the foregoing Service Inc., located at 1140 Bailey Avenue. ordinance is necessary. PASSED PASSED AYES - 9 NOES - 0 AYES - 9 NOES - 0 NO. 105 NO. 98 FATHER GUY F. SIRACUSE TRAILBLAZER SIGNS T. KLENTOS, PETITION TO USE 510 ELMWOOD (ITEM NO. 145, C.C.P., MAY 17, 2005) AVENUE - SIDEWALK CAFE Mr. Fontana moved that the above item be recommitted (ITEM NO. 80, C.C.P., MAY 17, 2005) to the Committee on Legislation That after the public hearing before the Committee on ADOPTED Legislation on May 24, 2005, the petition of T. Klentos, agent, for permission to use 510 Elmwood for a NO. 106 sidewalk cafe be, and hereby is approved. FOOD STORE LICENSE - 197 ALLEN PASSED (ITEM NO. 47, C.C.P., MAY 3, 2005) AYES - 9 NOES - 0 (ITEM NO. 109, C.C.P., MAY 17, 2005) That the above item be, and the same hereby is NO. 99 returned to the Common Council without LABOY, PETITION TO USE 1175 A/K/A 1183 recommendation. HERTEL AVENUE - 2 FAMILY DWELLING & Mr. Fontana moved: That the above item is hereby RESTAURANT denied (ITEM NO. 81, C.C.P., MAY 17, 2005) ADOPTED That after the public hearing before the Committee on NO. 107 Legislation on May 24, 2005, the petition of A. Laboy, Secondhand Dealer - 1981 Clinton agent, for permission to use 1175 a/k/a 1183 Hertel (Item No. 50, C.C.P., May 3, 2005) Avenue for a 2 family dwelling with a sit-in restaurant on (Item No. 110, C.C.P., May 17, 2005) the first floor be, and hereby is approved. That pursuant to Chapter 254 of the City Code, the PASSED Commissioner of Permit & Inspections Services be, and AYES - 9 NOES - 0 he hereby is authorized to grant a Secondhand Dealer license to John Pirro d/b/a Pro Enterprises located at NO. 115 1981 Clinton Updates to the City of Buffalo Garage Sale , conditioned upon banners and window Ordinance placards be removed. (Item No 115 CCP Apr 15, 2005) Passed That the above item be, and the same hereby is AYES – 9 NOES – 0 returned to the Common Council without No. 108 recommendation. Used Car Dealer - 572 South Division That the above item be and the same hereby is (Item No. 43, C.C.P., Mar. 22, 2005) received and filed (Item No. 124, C.C.P., May 17, 2005) ADOPTED That the above item be, and the same hereby is returned to the Common Council without NO. 116 recommendation. Updates to the City of Buffalo Garage Sale Mr. Fontana Moved: Ordinance (PW) (Item No. 37, C.C.P., May 3, 2005) That pursuant to Chapter 254 of the City Code, the That the above item be, and the same hereby is Commissioner of Permit & Inspection Services be, and returned to the Common Council without he hereby is authorized to grant a Used Car Dealer recommendation. Mr. Fontana moved: That the above-mentioned item be and the same is License to Elahmadi Goba, d/b/a Prime Stop Auto hereby received and filed. Repairs and Sale located at 572 South Division. 2 car ADOPTED maximum PASSED NO. 117 AYES – 9 NOES – 0 Enforcement of Noise Ordinance (Ext. 1-3 Res) NO. 109 (Item No. 132, 4/19) st nd That the above item be and the same hereby is Zoning Board of Appeals Process (1& 2Res) received and filed. (Item No. 144, 5/3) ADOPTED That the above item be and the same hereby is received and filed. NO. 118 ADOPTED Ord. Amendment Chapter 511-Zoning (Item No. 131, 10/5) NO. 110 That the above item be and the same hereby is Req. for Assistance Creating Bflo Parks Advisory received and filed. Bd. ADOPTED (Item No. 143, 2/8) That the above item be and the same hereby is NO. 119 received and filed. Ordinance Amendment - Chapter 307 - Parking and ADOPTED Parking Lots Recommended by the Committee on Legislation (Item No. 115, C.C.P., May 3, 2005) That after the public hearing before the Committee on NO. 111 Legislation on May 24, Ordinance 2005, the Legislation of PBT Free Purchasing (A&F) (#33,1/25) Amendment as contained in Item No. 115, C.C.P., May (Item No. 87, 2/8) 3, 2005, be and the same hereby is approved. That the above item be and the same hereby is PASSED received and filed. AYES – 8 NOES – 1 ADOPTED AYES - BONIFACIO, CONRAD, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND NO. 112 THOMPSON- 8 Proposal for Bicycle Parking (Plan Bd) NOES – DAVIS - 1 (Item No. 4, 5/11) That the above item be and the same hereby is NO. 120 received and filed. Ordinance Amendment - Chapter 254 - Junk Dealers ADOPTED and Pawnbrokers (Item No. 116, C.C.P., May 3, 2005) NO. 113 That the above item be, and the same hereby is, Health Care Dependent Enrollment Audit (Exc. Fin. returned to the Common Council without 2 Resolves) recommendation. (Item No. 131, 1/20) Mr. Fontana moved: That the above item be and the same hereby is That the above be and the same hereby is received and received and filed. filed ADOPTED NO. 114 AYES – BONIFACIO, CONRAD, COPPOLA, Prevent Homeowners Insurance Rip-Off (Exc. Fin. 2 FONTANA, GOLOMBEK, RUSSELL AND THOMPSON Res.) – 8 (Item No. 145, 3/16) NOES – FRANCZYK – 1 That the above item be and the same hereby is received and filed. NO. 121 ADOPTED A. Machamer-Concem Fourth of July Fireworks (Item No. 62, 4/19) RESOLUTIONS No. 129 That the above item be and the same hereby is received and filed. # 4 (Rev. 1/93) ADOPTED SUBJECT: LAND DISPOSITION AGREEMENT NO. 122 888 MAIN STREET DAHERO, INC. Fireworks Regulations (CCP#62, 4/19/05)(CC) REDEVELOPER (Item No. 43, 5/3) BY: Councilmember Bonificio That the above item be and the same hereby is WHEREAS, the Buffalo Urban Renewal Agency has received and filed. duly designated DAHERO, INC. and/or other legal ADOPTED entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures NO. 123 duly adopted by the Agency; and B. Russell-COB Residency Requirements and WHEREAS, the City Clerk has published a Notice of Compliance Public Hearing, as required by Section 507, Subdivision (Item No. 64, 4/19) 2(d) of the "General Municipal Law" and That the above item be and the same hereby is WHEREAS, the proposed Land Disposition Agreement received and filed. has been duly submitted to this Common Council by the ADOPTED Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. DAHERO, INC. and/or other legal entity to be formed COMMUNITY DEVELOPMENT was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is (Joseph Golombek Jr., Chairman) hereby approved as the Redeveloper of 888 Main Street. 2. That the Mayor, the Chairman, Vice-Chairman, or NO. 124 any officer of the Buffalo Urban Renewal Agency is Results of Negotiations- 257 West Avenue hereby authorized to execute any and all deeds or other (Item No. 10, C.C.P., May 17, 2005) documents necessary to convey land described in the That the above item be, and the same hereby is proposed "Land Disposition Agreement" to the City of returned to the Common Council without Buffalo Urban Renewal Agency, and there on to recommendation. DAHERO, INC. and/or other legal entity to be formed in Mr. Golombek moved: accordance with the terms of said Agreement and for that the above item be recommitted to the Committee the consideration recited therein. on Community Development. REFERRED TO THE COMMITTEE ON COMMUNITY ADOPTED DEVELOPMENT NO. 125 NO.130 M. Coppola-Asbestos Notification Fees RESOLUTION (Item No. 53, 4/19) Sponsor: Mr. Bnnifacio That the above item be and the same hereby is Co-Sponsors – All Members received and filed. Requesting the State legislature to require the ADOPTED Sharing of any Erie County Sales Tax Increase with Buffalo and Other Municipalities NO. 126 Whereas, The City of Buffalo is the urban core of Erie F. Lysiak-Info-Designate a Developer for Waterfront County and the vitality of the City is central to the health Village Property of Eric County and Western New York; and (Item No. 61, 4/I 9) Whereas, In tile mid 1980s, in the midst of a fiscal That the above item be and the same hereby is crisis, the County of Erie approached the City of Buffalo received and filed. for support in asking the NYS Legislature to impose a ADOPTED temporary one percent. (1%), sales tax. with the revenues from the tax to be used to pay down the County's debt: and NO. 127 Whereas, New York State retains 4.25% of the 8.25% A. Thompson-State Passes Extension of Empire sales tax charged ill Erie County, while 3% is shared on Zone (Strat. Plan.) an equitable basis among local governments, including (Item No. 17, 5/3) cities, towns, villages and school districts. Erie Count 3 That the above item be and the same hereby is keeps the remaining temporary 1% without sharing it on received and filed. an equitable basis among local government: and ADOPTED Whereas, It should also be noted that other large Cities in other Counties in New York State receive a larger NO. 128 share of their County’s sales tax than Buffalo does. For A. Ratajzak-Concerns-Relocation-Restoration example, Rochester receives 34.74%, and Syracuse Society Clubhouse-433 Franklin receives 37.74%, whereas Buffalo receives just (Item No. 69, 5/3) 19.07%; and That the above item be and the same hereby is Whereas, IF history proves itself, any increase that is received and filed. not shared, the gap between the City of Buffalo and ADOPTED other Municipalities becomes even greater and Whereas, Each individual municipality within Erie County have suffered their own budgetaryhighs and NO. 132 lows over the almost twenty years this additional 1% By: Mr. Bonifacio & Mr. Coppola sales tax has been in existence. For Buffalo alone, had Re: Permit Pride Buffalo to Hang Banner on the sharing of the extra penny been done, the City Elmwood Avenue according to tile City Comptrollers office would have Whereas: Pride Buffalo, Inc was founded in 1999 when realized 20 million dollars in additional revenue last members of the gay, lesbian, bisexual and transgender year; and community of Buffalo and Western New York got Whereas, With $20 million in additional revenue, it together to establish an organization that would would not have been necessary for the city to borrow represent a visible presence to the community at large; $19 million from the Control Board last year: and and Whereas, Buffalo's fiscal recovery and future depends Whereas: Pride Buffalo requests permission to hang greatly on generating new sources of revenue. The flags on Elmwood Avenue from North Street to Bidwell proper sharing of any sales tax increase could get Parkway to raise community awareness and to Buffalo and the entire County moving forward again: recognize, celebrate, and affirm the lives of gay, Whereas, If Erie County seeks permission from the lesbian, bisexual and transgender people; and State to increase the County sales tax, the state should Whereas: These flags will hang from June 3, 2005 until require that any sales tax increase is shared among June 5, 2005; and local governments. Whereas: The City of Buffalo proudly supports Pride Now, Therefore, Be It Resolved, Buffalo and their efforts to raise awareness and to That the Common Council of the City of Buffalo does acknowledge, commemorate and declare the lives of hereby request the State Legislature to require as part gay, lesbian, bisexual and transgender people; and of their approval for a sales tax increase in Erie County, Now, Therefore Be It Resolved: that the increased sales tax be shared on an equitable That the City of Buffalo hereby permits Pride Buffalo to basis among local governments: and hang flags on Elmwood Avenue from North Street to Now, Therefore, Be It Further Resolved, Bidwell Parkway from June 3, 2005 to June 5, 2005 to That the City Clerk is directed to forward certified raise awareness and to recognize, celebrate and affirm copies of this resolution to members of the NY State the lives of gay, lesbian, bisexual and transgender Delegation and the Clerk of the Erie Legislature people in accordance with all conditions, restrictions, ADOPTED and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED NO. 131 AYES – 9 NOES –0 By: Councilmember Boniticio O. 133 By: Mr. Coppola RESOLUTION COST SHARE GRANT FOR URBAN & COMMUNITY SET PUBLIC HEARING FORESTRY GRANT #C302427 APPROVAL OF CONTRACT FOR SALE OF LAND Whereas: In October 2004, the Department of Public 888 MAIN STREET DAHERO, INC. REDEVELOPER Works, Parks & Streets notified the Common Council WHEREAS, DAHERO, INC. and/or other legal entity to that they had bids for the City Wide Fall Planting; and be formed (herein referred to as the "Redeveloper") has Whereas: Gleason's Nursery lnc, of 4780 Sheridan been duly designated as qualified and eligible Drive in Williamsville, New York, won the bid; and Redeveloper in accordance with the rules and Whereas: Item #15 of CCP 10/15/04, authorized the procedures prescribed by the City of Buffalo Urban Department of Public Works, Parks & Streets to award Renewal Agency; and a contract for City Wide Fall Planting 2004, Group WHEREAS, the City of Buffalo Urban Renewal Agency #633, to Gleason's Nursery; and and the Redeveloper has negotiated a Land Disposition Now, Therefore, Be It Resolved: Agreement for the sale of 888 Main Street; and That the Commissioner of the City of Buffalo, WHEREAS, the terms of said Land Disposition Department of Parks & Streets, (Joseph Giambra), is Agreement have been approved by the City of Buffalo hereby authorized and directed to file an application for Urban Renewal Agency; and 50% matching funds in an amount not to exceed WHEREAS, said Land Disposition Agreement has been $25,000.00, and upon approval of said request to enter forwarded by the City of Buffalo Urban Renewal Agency into and execute a project agreement with the New to this Common Council for action, pursuant to section York State Department of Environmental Conservation 507, subdivision 2 of the General Municipal Law; and for such financial assistance to the City of Buffalo for a WHEREAS, Section 507(2) of the "General Municipal 2004 Cost-Share Grant for Urban and Community requires that the disposition of land in an Urban Law" Forestry in New York State. Renewal Project may be approved only after a public PASSED hearing on due notice. AYES-9. NOES-0. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the NO. 134 notice attached hereto and marked "Notice of Hearing" By: Mr. Coppola m in the Buffalo News, no later than the 3day of June APPOINTMENTS AS ASSISTANT LEGISLATIVE 2005. AIDES 2. That this Common Council will conduct a Public Mr. Coppola moved approval of the Hearing on the matter stated in said "Notice of Hearing" appointments of Amanda J. Anderson 565 St. at 2:00 P.M. in the Council Chambers on the 14th of Lawrence Ave., Buffalo, New York 14216, and Lisa M. June 2005. Frost 17 Macamley St. Buffalo, New York 14220, to the ADOPTED position of Assistant Legislative Aide at the starting salary of $22,063 pursuant to Section 3-7 of the Charter of the City of Buffalo to be effective immediately required. In addition, the Commissioner of Public Works , shall not issue a permit for a garage sale until the Seconded by Mr. Fontana district council member is notified of such request, and ADOPTED. his/her approval is received. Each sale may be no more than three (3) consecutive days. The permit fee shall be NO. 135 as provided in Chapter 175, Fees. By: Mr. Coppola B. A maximum of six (6) signs may be displayed and ORDINANCE AMENDMENT-CHAPTER 511, ZONING posted for each garage sale. Each sign shall be no (HEARING 6/14) larger than two (2) square feet, and may be displayed The Common Council of the City of Buffalo does hereby for no more than two (2) days prior to the garage sale, ordain as follows: and must be removed at the close of the sale. The That Chapter 511 of the Code of the City of signs may not be posted on any traffic control devices, Buffalo be amended to read as follows: City of Buffalo light poles, on any public property, or §511-122~ Applications and Appeals within any public right-of way. E. Notice of hearing. When an application or appeal has C. The City of Buffalo Print Shop will make available been filed in proper form and with the required data, the uniform garage sale signs that may be purchased at a Clerk shall immediately place said application or appeal cost of $10.00 for six (6) signs. This fee will include the upon the calendar for hearing and at once cause advertisement of the date and location of the garage notices stating the time, place and object of the hearing sale on the City of Buffalo Web Page. Garage sale to be served either by mail or by personal service in the signs provided by the City of Buffalo Department of manner prescribed by § 51 l-126D(2) of this chapter. Public Works, Division of Traffic and Engineering must Such notices shall be served at least 10 days prior to be requested at least five (5) days prior to the date of the day of such hearing upon the following: the garage sale for a posting on the web page at least (1) Application for special exception or appeal for two (2) days prior to the garage sale date. hardship variance: all owners of property having a § 254-11~ Conduct of business; placement and frontage on either side of the same street or streets as enclosure of materials; certification of compliance the premises for which the permit is sought and within A. No person, firm or corporation shall conduct or 300 feet in both directions from the frontage of said carry on any business described in this chapter in such premises and also all owners of property situate within a manner as to unduly disturb the peace and quiet of 50 feet of the rear or side lot line of said premises. the neighborhood. Garage sales may be held only (2) Application for interpretation as to conforming during the hours of 8:00A.M. to 8:00P.M. If at anytime equivalent use classification: all owners of property the Buffalo Police Department or any other law having a frontage on either side of the same street or enforcement agency, or the Commissioner of Public streets as the premises for which the permit is sought Works determines that a garage sale is a traffic or fire and within 100 feet in both directions from the frontage hazard, or a neighborhood nuisance, the City of Buffalo of said premises and also all owners of property situate shall have the authorit3, to order the discontinuation of within 50 feet of the rear or side lot line of said the garage sale immediately. Any premises used for premises. any of the businesses aforesaid shall at all times be (3) Appeal from alleged error or misinterpretation: the kept and maintained in a clean, wholesome, sanitary appellant, the Commissioner of Inspections and and orderly condition and in full compliance with all Licenses or other administrative official concerned, and ordinances of the City and all regulations of the Erie the person or persons, if any, for whose benefit the County Department of Health. None of the materials order, requirement, rule, regulation or determination mentioned the preceding sections shall be deposited, was made by said Commissioner or other stored or sorted in a public street or public place in administrative official. connection with any such licensed business. (4) In the case where referral has been made to the It is hereby certified pursuant to Section 3-19 of the City Planning Board and the application for variance Charter of the City of Buffalo, that the immediate has been made to the Zoning Board of Appeals; all passage of the foregoing ordinance is necessary. owners of property within 400 feet of the subject APPROVED AS TO FORM property. Michael B. Risman APPROVED AS TO FORM Corporation Counsel Michael B. Risman NOTE: Matter in brackets to be deleted, matter Corporation Counsel underlined is new. NOTE: Matter underlined is new. PASSED. REFERRED TO THE COMMITTEE ON LEGISLATION. AYES-BONIFACIO, CONRAD, COPPOLA, DAVIS. FONTANA, GOLOMBEK, RUSSELL-7. NO. 136 NOES-FRANCZYK, THOMPSON-2. By: Mr. Coppola ORDINANCE AMENDMENT NO. 137 CHAPTER 254, JUNK DEALERS AND By: Mr. Coppola PAWNBROKERS ORDINANCE AMENDMENT CHAPTER 263, The Common Council of the City of Buffalo LICENSES does hereby ordain as follows: The Common Council of the City of Buffalo That Chapter 254 of the Code of the City of does hereby ordain as follows: Buffalo be amended to read as follows: That Chapter 263 of the Code of the City of 8254-8, Garage Sales Buffalo be amended to read as follows: A. The licensing and reporting requirements of this §263-26, Collector ]permit[ license required; application; chapter shall not be applicable to house or garage issuance. sales, except that if more than three such sales are No person shall remove or cause to be removed any of held in any calendar year, a permit from the the contents of any receptacle placed in or outside of a Commissioner of [Police] Public Works shall be building for collection nor shall any person collect or C. Revocation. The permit may be revoked if, after a perform the duties of a solid waste collector or convey, hearing before the Commissioner of [Public Works, carry or transport any solid waste through, over or Parks and Streets] Permits and Inspection Services, it along any of the streets of the City of Buffalo as long as is determined that the collection and disposal service the City of Buffalo is collecting such solid waste in the operates outside reasonable hours of operation and in City, except as follows: such a manner as to annoy or disturb the quiet, comfort A. [Any person who is the holder of a permit duly or repose of a reasonable person of normal issued by the Erie County Health Department, pursuant sensibilities. Reasonable hours of operation shall to the provisions of Article VIII of the Sanitary Code of constitute 6:00 a.m. to 9:00 p.m. in a residential area. Erie County, may] Apply in writing to the Common It is hereby certified pursuant to Section 3-19 of the Council for its approval to operate a disposal service for Charter of the City of Buffalo, that the immediate the collection of solid waste originating in the City of passage of the foregoing ordinance is necessary. Buffalo. Such approval shall be subject to the following APPROVED AS TO FORM conditions and requirements: Michael B. Risman (1) The written consent of the Commissioner of Corporation Counsel [Public Works, Parks and Streets] Permits and NOTE: Matter in brackets to be deleted. Matter Inspection Services (or his or her deputy). underlined is new. (2) That the applicant shall observe all the sanitary REFERRED TO THE COMMITTEE ON LEGISLATION. requirements as prescribed by the health ordinances of the City of Buffalo, all other applicable ordinances of the NO. 138 City of Buffalo and any regulations of the Department of By: Mr. Coppola Health of Erie County now or hereafter in effect. ORDINANCE AMENDMENT (3) That the Commissioner of [Public Works, Parks CHAPTER 264, RENTAL DWELLING UNIT and Streets] Permits and Inspection Services (or his or REGISTRATION her deputy) shall have the power to impose such The Common Council of the City of Buffalo does hereby conditions or restrictions regarding said disposal ordain as follows: service as he or she may deem necessary and may That Chapter 264 of the Code of the City of from time to time change such conditions, restrictions or Buffalo be amended to read as follows: regulations and may, in his or her discretion, revoke the §264-21, Fees. permit granted pursuant to this article at any time. A. Certificate issuance. The fee, to be submitted at the (4) That the applicant shall provide to the [Division of time of application, for the issuance of a rental dwelling Streets of the Department of Public Works, Parks and unit registration certificate and the first year fee, shall Streets] Commissioner of Permits and Inspection be $20 for a rental dwelling unit in a single-family Services a list of commercial users within the City the dwelling, and $40 for a two-unit rental dwelling. applicant has contracted to service, with updating of the B. Annual renewal fee. The owner of a rental dwelling list of such contractees annually. The applicant shall unit shall pay an annual renewal fee of $10.00 for a disclose, within five days of the commencement or single-unit rental dwelling and $20.00 for a two-unit termination of any of its contracts, the commercial users rental dwelling, commencing on January 1, 2006, and to be serviced or to be no longer serviced under payable each year thereafter. The owner remains contract with the applicant. Disclosure by an applicant obligated to pay such fee during ownership of the rental of the identity of the serviced commercial users shall be dwelling unit, and shall pay any delinquencies therein deemed to be disclosure of trade secrets or information before transferring all or any part of the ownership of derived from a commercial enterprise, disclosure of said unit. Notwithstanding the foregoing, a new owner which would cause substantial injury to the competitive making application for a certificate is obligated, and position of the subject enterprise for purposes of Article shall be required, to pay all such current and delinquent 6 of the New York State Public Officers Law (the annual fees with the application. All funds generated Freedom of Information Law) and the federal Freedom from the Rental Dwelling Unit Registration Ordinance of Information Act, 5 U.S.C. § 552. Failure to provide shall be placed in a designated T&A Account starting in this information to the [Department] Commissioner may the 2006-2007 fiscal year. The use of these funds shall result in the revocation of the permit granted pursuant be solely for the hiring of an additional staff person to this article. and/or necessary equipment for the Rental Dwelling (5) The applicant shall furnish receptacles which Unit Registration Program in the Department of Permit clearly identify the applicant as the entity servicing a and commercial user. C. No fee for new buildings. There shall be no fee B. Issuance of [permit] license. charged for the issuance of a rental dwelling unit (1) All applications for a license under this section must registration certificate for new dwellings at the be approved by the Common Council. If the application completion of their construction covered by a building is approved by the Common Council, the Commissioner permit. of [Public Works, Parks and Streets] Permits and D. Inspection fees. Every property owner shall pay a Inspection Services shall issue to the applicant a fee of $75, to be assessed against the property, for [permit] license to operate said collection and disposal each inspection after the second inspection in which services in such form as the Commissioner of [Public violations of a state or local building code are found, Works, Parks and Streets] Permits and Inspection unless such fee is waived by the Bureau of Services may prescribe and subject to any conditions in Administrative Adjudication. Inspectors shall assess the reference thereto imposed by the Common Council. fee, after consultation with the Chief Building Inspector (2) The [permit] license fee to be paid pursuant to this or the Commissioner of Inspections, Licenses and section shall be as provided in Chapter 175, Fees, of Permits, when, in the evaluation of the inspector, the this Code. status of the violation has not progressed or been (3) No [permit] license issued pursuant to this satisfactorily completed. The fee shall not be applicable article shall be transferable. to inspections ordered after the commencement of a court action. BURA is required to pay the approximately It is hereby certified pursuant to Section 3-19 of the $9 million of outstanding principal remaining on these Charter of the City of Buffalo, that the immediate defaulted loans. Follow up: Who are the two developers passage of the foregoing ordinance is necessary. and what steps are being taken to address these APPROVED AS TO FORM defaults? Michael B. Risman Whereas, A parking lot costing $170,000 was Corporation Counsel subsequently sold and the proceeds used as a grant to NOTE: Matter in brackets to be deleted. Matter insure debt service payments on the purchaser's underlined is new. mortgage with a bank. The asset will be reduced with REFERRED TO THE COMMITTEE ON LEGISLATION. no financial value to BURA. Follow up: Which parking lot was sold and what purchaser was given a grant with NO.139 the proceeds? By: Mr. Coppola Whereas, A $190,295 receivable from BERC remains Co-Sponsor: Mr. Bonifacio, Mr. Golombek unpaid after several years and may not be collected in BURA Third Quarter Gap Sheet & Four Year the near future. Follow up: What is this about? Financial Plan Now Therefore Be It Resolved, That the Common Whereas, The Administration recently filed the Third Council requests the Executive Director of Strategic Quarter Gap Sheet and Four Year Financial Plan with Planning to respond to the follow up questions raised in the Common Council ; and this resolution. Whereas, The information provided regarding the Be It Further Resolved, That this item is referred to an Buffalo Urban Renewal Agency (BURA) raises the need appropriate Committee of the Council for further for additional follow up information; and consideration. Whereas, Several larger projects to which funds were REFERRED TO THE COMMITTEE ON COMMUNITY committed have not proceeded as planned. Another DEVELOPMENT, COMPTROLLER AND BURA. large project lost a portion of its anticipated non-grant funding so the project is being redesigned to NO. 140 accommodate the reduced project budget. Follow up: Sponsor: Mr. Coppola Which projects? Co-Sponsor: Mr. Bonifacio, Mr. Golombek Whereas, The revenue and expenditures for the OBTAINING GRANT FUNDING FOR BICYCLE American Dream Downpayment Initiative grant are less RACKS than expected. BURA had previously anticipated that Whereas, In these times of increasing gas prices, this grant would start this quarter but contracting delays environmental pollution, and health issues, we should have prevented the initiation of the grant. The be encouraging and assisting the benefits of bicycle subrecipient who is scheduled to operate the grant on travel; and BURA's behalf is now anticipated to begin operations in Whereas, federal grant funds are available to assist the next fiscal year. Follow up: What has been the with 90 to 95% of the cost for bicycle racks; and contracting delays? Who is the subrecipient? Whereas, installing bicycle racks is a small but Whereas, During the past fiscal quarter BURA sold one significant step the City can take to encourage and parcel of land for $85,000. An additional sale is pending assist bicycle travel; and for another $85,000. Follow up: What parcels? Were Whereas, other cities have successfully accessed any of these previously owned by the City? Is 90% of federal grant dollars for bicycle programs the sales price being returned to the City as the Council • Cincinnati utilized $500,000 from the Federal has requested on recent sales? Congestion Mitigation/Air Quality (CMAQ) program to Whereas, BURA currently has a $5 million dollar deficit. install bike racks on their entire metro bus fleet. BURA has 70 paid positions with salaries totaling $2.9 Other cities that have utilized federal dollars for bike million dollars. The budgeted salaries include five racks on buses include Phoenix, Seattle, Chicago and positions, which are currently vacant. Ithaca. Grants Monitor/Accountant- have had difficulty finding a • In 2004 the Pittsburgh Downtown Partnership CPA who meets City residency requirements. Follow used a $50,000 federal grant to purchase 115 bike up: What efforts have been made to attract a City racks for placement in downtown Pittsburgh. resident for this position? • In 1997 Austin obtained a $896,185 grant from • Housing Director- this position was recently the Intermodal Surface Transportation Efficiency Act vacated and BURA is assessing whether internal staff (ISTEA). Austin utilized these federal dollars to install can fulfill this role. Follow-up: Has a decision been 1,400 bike racks, improve bike route trails and made yet regarding this item? improve trail signage; and • Administrative Assistant - this vacant position is Whereas, The Transportation Equity Act for the 21st pending Control Board approval. Follow up: Has Century (TEA-21) establishes a new "transit anyone been selected for this position? What is the enhancements" category of funding which may be used procedure for filling this position? for bicycle storage facilities, equipment and other Housing Administrative Assistant - this position has eligible activities; and been advertised and resumes are currently being Whereas, Other funding sources for bicycle reviewed. Follow up: Has this position been filled? Who improvements include the Surface Transportation has been selected for this position? Program and the National Highway System. • Community Planner- interviews have been Now Therefore Be It Resolved, That the Buffalo conducted and a candidate has been selected for this Common Council requests the Mayor to have the position. Follow up: Who has been selected for this appropriate person, department or agency apply for position? federal grant dollars to purchase and install bike racks • Whereas, Two developer loans were refinanced throughout the City. for the 2004-05 fiscal year. Both developers are now Be It Further Resolved, that certified copies of this considered in default on their loans. Upon default, resolution be forwarded by the City Clerk to Senator Charles Schumer, Senator Hillary Clinton, headquarters located in Buffalo as recommended by Congressman Brian Higgins and Lawrence Meckler the United States Defense Department. Executive Director of the Niagara Frontier Be It Further Resolved: That the City Clerk forward Transportation Authority. certified copies of this resolution to the President of the ADOPTED. United States, the Base Realignment and Closure Commission 2521 South Clark Street Suite 600, NO. 141 Arlington VA 22202, Senator Charles Schumer, Senator By: Brian C. Davis Hillary Clinton, Congressman Tom Reynolds, PERMISSION TO HANG A BANNER ALONG Congresswoman Louise Slaughter and Congressman FRANKLIN STREET Brian Whereas: The Music is Art Foundation would like to ADOPTED advertise their Music is Art Festival to be held on June th NO. 143 10through the 12u~; and By: Mr. Davis Whereas: In order to promote the event, the Music is REQUEST ADDITIONAL FUNDS FOR BUFFALO Art Foundation is requesting permission to hang a SCHOOLS banner along Franklin Street; and Whereas: In May 2005, Alan Hevesi, New York State Now Therefore Be It Resolved: Comptroller, issued a press release outlining the fiscal That the Common Council of the City of Buffalo grants struggles facing the five largest school districts in New permission to the Music is Art Foundation to hang a York State; and banner to advertise their event; and Whereas: These five school districts, New York City, Be It Further Resolved: Buffalo, Rochester, Syracuse and Yonkers, have a That said banner will hang on Franklin Street from June commonality unlike any other school district in New 9, 2005 through June 13, 2005. York State--they are fiscally dependent on their Be It Finally Resolved: respective cities; and That said banners meet all the requirements of Whereas: Simply put, Buffalo along with the other four pertinent City Departments districts listed previously, cannot levy taxes or and that no existing laws are violated. determine how much they will spend independently. PASSED. Buffalo's funding must also stay with in the tax and debt AYES-9. NOES-0. limits set in the State Constitution; and Whereas: Buffalo shares a major problem with the other NO. 142 four districts. They all have the largest and most By: Mr. Davis, Mr. Fontana disadvantaged student populations in the State; the OPPOSITION TO CLOSING THE NIAGARA FALLS oldest buildings; and the greatest difficulty meeting new AIR RESERVE STATION AND THE NAVY State & Federal standards; and RECRUITING DISTRICT HEADQUARTERS Whereas: Education spending represents more than LOCATED IN BUFFALO half of the budget for Buffalo, however due to fiscal Whereas: The United States Defense Department has pressures, the percentage of education funding that recommended closing the Niagara Falls Air Reserve comes from local revenue has continued to decrease Station in Niagara Falls, New York and the Navy over the last decade. This creates the absolute need for recruiting district headquarters located in Buffalo New low-wealth, high-need districts, such as Buffalo to York; and receive a higher portion of State aid; Whereas: The Niagara Falls Air Reserve Station is Now, Therefore, Be It Resolved: Niagara County's second largest employer with nearly That the Common Council of the City of Buffalo does 3,000 full and part-time workers and has a $150 million hereby request that the Governor and State Officials impact to the local economy; and representing Buffalo consider the state of the City of Whereas: The base site lies within close proximity to Buffalo School District and designate additional funding four major border crossings between the U.S. and to the Board of Education; and Canada, along with the New York State Power Now, Therefore, Be It Further Resolved: Authority's Hydropower complex which supplies That the Common Council of the City of Buffalo does substantial power to the Northeast United States; and hereby request that the City Clerk send certified copies Whereas: According to the Niagara Military Affairs of this resolution to the Members of the Western New Council, closure of the Niagara Air Reserve Station will York State Delegation; Alan Hevesi, New York State reduce the Air Force presence in New York by 40%; Comptroller; George Pataki, New York State Governor; and and the Buffalo Board of Education. Whereas: The Niagara Falls Air Reserve Station is one ADOPTED of the most cost-efficient facilities in the Country; and Whereas: The Niagara Falls Air Reserve Station should NO. 144 be expanded instead of being closed; and By: Mr. Davis Whereas: Defense Secretary Donald H. Rumsfeld has TRAILBLAZING SIGNAGE FOR BROADWAY AS also recommended closing the Navy's recruiting district "PASTOR DOROTHY HUNLEY WAY" headquarters in Buffalo, which employs 37 people; and Whereas: Dorothy Mae Kelly was born in Gadsden, Whereas: By virtue of the City of Buffalo physical Alabama to Jim & Lillie Kelly; and location to a major border crossing and in the event of a Dorothy was educated at Carver High School, received major catastrophe in the Western New York region, the a certificate in Drug Abuse and Mental Health from Niagara Falls Air Reserve Station will serve as a Gadsden State College and became a licensed significant deployment site for national and international cosmetologist; and assistance. Since a child, Dorothy has been a devoted servant of Now Therefore Be It Resolved: That the Buffalo the Lord. Dorothy became a pastor and over the years Common Council opposes closing the Niagara Falls Air she has ministered at various churches. In October of Reserve Station and the Navy recruiting district 1992, she established her own church, Evangelistic Deliverance Holy Temple; and NO. 147 Pastor Dorothy Hunley has dedicated her life to By: Mr. Fontana spreading the "Good News", while being a wife, mother, PLACEMENT OF GARBAGE TOTES grandmother, and community activist. Whereas: Currently, under Article VII Section 216-14 A For all of her contributions, commitment and dedication of the City Code it reads, "all city issued receptacles to her community faith, family and the City of Buffalo, it must be removed from the street, curbline or public is fitting to honor Pastor Dorothy Hunley for her faithful place following public collection and shall not be left in service. street, curbline or public place 12 hours after the time Now, Therefore, Be It Resolved: of collection on the day of regular collection"; and That the Common Council of the City of Buffalo Whereas: Leaving garbage totes in public view creates approves the installation of trailblazing sign proclaiming a poor visual image for our City and therefore, the portion of Broadway Street between Monroe and minimizing the time in which receptacles are left at the Adams Streets as "Pastor Dorothy Hunley Way"; and curbside will create a much more appealing look city- Be It Further Resolved: wide; and That this Common Council requests that the Whereas: The current ordinance should be amended to Department of Public Works to install a trailblazing sign so that totes and receptacles are removed from which will read "Pastor Dorothy Hunley Way" on Pole curbside by 6:00 pm the same day as a resident's #601, which is located in front of 607 Broadway. scheduled collection. PASSED. Now, Therefore Be It Resolved That: AYES-9. NOES-0. This Common Council support amending the current legislation so that residents remove totes and NO. 145 receptacles from their curbside by 6:00 p.m. on the By: Brian C. Davis same day in which their garbage is picked up and PERMISSION TO HANG BANNERS ALONG therefore requests that the law department draft the DELAWARE AVENUE required ordinance amendment; and Whereas: The Taste of Buffalo, Inc. would like to Be It Further Resolved That: advertise their Taste of Buffalo to be held on July 9th This resolution be sent to the appropriate committee for th, further consideration. through the 10and REFERRED TO THE COMMITTEE ON LEGISLATION, Whereas: In order to promote the event, the Taste of CORPORATION COUNSEL. Buffalo, Inc. is requesting permission to hang banners along Delaware Avenue; and NO. 148 Whereas: Said Banners are to be placed on Delaware By: Mr. Fontana Avenue at North Street, Delaware Avenue at Tupper ORDINANCE AMENDMENT CHAPTER 511, ZONING Street and Delaware at West Ferry Street ; and The Common Council of the City of Buffalo does hereby Now Therefore Be it Resolved: ordain as follows: That the Common Council of the City of Buffalo grants That the Code of the City of Buffalo be amended to permission to the The Taste of Buffalo, Inc. to hang read as follows: banners to advertise their event; and §511-4. Definitions. Be It Further Resolved: As used in this chapter, the following terms shall have That said banners will hang on Delaware Avenue from the meanings indicated: July 3, 2005 through July 17, 2005. ACCESSORY BUILDING -- A subordinate building Be It Finally Resolved: located on the same lot with the main building, That said banners meet all the requirements of occupied by or devoted to an accessory use. Where an pertinent City Departments and that no existing laws "accessory building" is attached to the main building in are violated. a substantial manner, as by a wall or roof, such PASSED "accessory building"shall be considered part of the AYES-9. NOES-0. main building. ACCESSORY USE -- A use customarily incidental and NO. 146 subordinate to the main use or building and located on By: Mr. Davis the same lot therewith. In no case shall such TRANSFER OF FUNDS "accessory use"dominate, in area, extent or purpose, From: the principal lawful use or building. 17221008 480207 Prior Year Refunds $145,000 ADULT USES [Amended 9-17-1991, effective 9-26- 17272008 480000 Board of Elections $119,000 1991; 7-26-1994, effective 8-5-1994]: 17301001 411002 Duty Disability $159,800 A. ADULT BOOKSTORE -- A commercial 17304002 425000 Unemployment $237,200 establishment having, as a substantial or significant To: portion of its stock-in-trade, books, magazines and 10546006 432003 Legal Services $250,000 other periodicals depicting, describing or relating to 10546006 480000 Other Services $242,000 specified sexual activities or specified anatomical 11556006 432001 Auditing Services $ 44,000 areas, as defined below, for sale, rent or on-site viewing 12555006 432002 Medical Services $ 125,000 ("goods"). APPROVED AS TO FORM B. ADULT MOTION-PICTURE THEATER -- A Michael B. Risman commercial establishment presenting to an audience of Corporation Counsel one or more persons films, tapes, videotapes, slides, 05/23/2005 videodiscs~ [or] computer-generated images, or PASSED. computer programs depicting, describing or relating to AYES-BONIFACIO, CONRAD, COPPOLA, DAVIS, specified sexual activities or specified anatomical FRANCZYK, GOLOMBEK, RUSSELL-7. areas, as defined below, for observation by a person or NOES-FONTANA, THOMPSON-2. persons therein. The term "adult motion-picture theater" To or exit from the primary sales area(s) or other areas. shall also include commercial establishments offering (3) any mercantile establishment which has adult wares private visual presentations of such films, tapes, for sale or rent as an videotapes, slides, videodiscs or computer-generated accessory and not substantial or significant portion of images. its sales or rentals shall not advertise such wares as (1) ADULT VIDEO STORE -- An establishment part of its exterior signage of any type. having, as a substantial or significant portion of its (4) Signage not larger than two (2) foot square nor stock-in-trade, films, videotapes, videodiscs, computer-smaller than one-half (1/2) foot square and with generated images or computer programs for sale, rent lettering of at least a font size of seventy-two (72) or on-premises viewing, any of which contain specified identifying the adult wares therein as such shall be sexual activities or specified anatomical areas, as permanently affixed to the entry door or doors to any defined below ("goods"). accessory area containing adult wares. C. BODY RUB ESTABLISHMENT -- A commercial [E] F. SPECIFIED SEXUAL ACTIVITIES: establishment which provides, as a substantial or (1) Human genitals in a state of sexual stimulation or significant portion of its business, body rubs upon the arousal. public or massages without a license as required by (2) Acts of human masturbation, sexual intercourse or Article 155 of the New York Education Law or its sodomy. successors. [Added 10-3-1995, effective 10-4-1995 En] (3) Fondling or other erotic touching of human genitals, D. EXOTIC CABARET - An establishment which pubic region, buttocks or female breasts. features or includes topless or [F] G. SPECIFIED ANATOMICAL AREAS: bottomless dancers, go-go dancers, exotic dancers, (1) Less than completely and opaquely material- strippers, any employee exposing specified anatomical covered human genitals, pubic region, buttocks and areas as defined below, male or female impersonators female breast below a point immediately above the or similar entertainers and where the sale of beer, wine areola. or intoxicating liquor for consumption on the premises (2) Human male genitals in a discernibly turgid state, may or may not be permitted. even if completely and opaquely material-covered. (1) The designation of"Exotic Cabaret" above is based APPROVED AS TO FORM upon the type of entertainments listed in the paragraph Michael B. Risman above, and is designated as such regardless of the Corporation Counsel selling or consuming of any food or beverages of any NOTE: Matter in brackets is to be deleted, matter type on the premises. underlined is new. [D] E. SUBSTANTIAL OR SIGNIFICANT PORTION - REFERRED TO THE COMMITTEE ON LEGISLATION. [Ten] Two percent or more of its goods on display; 10% or more of the area of the store which is accessible by NO. 149 the public in which goods are displayed, sold or stored; By: Mr. Fontana [10] 2% or more of its inventory; [10] 2-% or more of the ORDINANCE AMENDMENT CHAPTER 511, ZONING number of items on hand for sale or rent at retail or The Common Council of the City of Buffalo does hereby wholesale from premises which are also open to the ordain as follows: public; [10] 2-% or more of the services provided by the That the Code of the City of Buffalo be amended to establishment consists of body rubs or unlicensed read as follows: massages; or [10] 2% or more of the floor area of the §511-84 Corner Visibility establishment in which services to the public are A. In all R Districts, in the triangle formed by the provided consists of rooms or cubicles in which body projections of the lines of intersecting [streets] curb rubs are provided. planes, or of street paving edges in the case of no (1) Any mercantile establishment which has adult curbs, and a line joining points on such [street] lines 20 books, magazines, and other periodicals, film, feet distant from their point of intersection, no building videotapes, slides, videodiscs, DVD's,. Computer-[or] structure or fence may be erected and no plant generated images, or computer programs, and any foliage may be maintained between heights of 3 1/2 other adult wares for sale or rent as an accessory and feet and 10 feet above the curb level or between 4 feet not substantial or significant portion of its wares or and 10 ½ feet above the street paving level. sales shall have a separate area for such wares [B. In all instances where fencing adjacent to and portioned off for the floor area given to the primary use. parallel or perpendicular to a driveway would obstruct Such portion of the floor area of the establishment shall the driver's view of the corner where the driveway be completely separated from the rest of the sales and meets a sidewalk, any fence shall have a maximum other areas by completely opaque continuous height of 3 feet 6 inches for twenty feet in each direction permanent barriers of substantial construction at least measured horizontally from the corner. seven (7) feet tall, with an entry with a self-closing C. In all instances where plant foliage adjacent to and completely opaque door or doors covering the full width parallel or perpendicular to a driveway would obstruct of the entry opening and covering from one (1) foot off the driver's view of the corner where the driveway the floor to 56 feet in height, so that no adult wares are meets a sidewalk, any plant growth shall be maintained visible to casual viewing by minors. 90 percent foliage-clear above 3 feet 6 inches for Exception: magazines or books which are completely twenty feet in each direction measured horizontally from covered by a completely opaque covering in such a the corner.] manner that only a non-sexual title and not prurient APPROVED AS TO FORM images or wording can be seen may occupy a separate Michael B. Risman shelf comprising not more than 2% of shelving, racks or Corporation Counsel. displays carrying printed material wares of the primary NOTE: Matter in brackets is to be deleted, matter sales use. underlined is new. (2) Any accessory area for sale or rent of adult wares REFERRED TO THE COMMITTEE ON LEGISLATION. shall not be part of the entry NO. 150 §511-116. General Provisions ORDINANCE AMENDMENT CHAPTER 511, ZONING F. All work shall comply with the provisions of the codes The Common Council of the City of Buffalo does hereby and ordinances of this Charter, regardless of any ordain as follows: requirement for a building permit or payment of a That the Code of the City of Buffalo be amended to building permit fee. read as follows: (1) All work in the City of Buffalo must be done by City §511-87.1 Lighting affecting neighboring property. of Buffalo licensed contractors, regardless of any No artificial lighting shall be installed, modified, or requirement for a building permit or payment of a operated in connection with commercial, industrial, or building permit fee. residential property in such a manner as will increase APPROVED AS TO FORM the amount of light, measured in lumens, entering any Michael B. Risman facing windows of contiguous property used for Corporation Counsel residential purposes or such property separated by a NOTE: Matter in brackets is to be deleted, matter street. Corrective measures to mitigate the increased underlined is new. levels of light shall be commenced within ten (10) days REFERRED TO THE COMMITTEE ON LEGISLATION. after the owner or operator of the premises is notified by the Department of Permit and Inspection Services, NO. 153 and such corrective work shall be continuously and By: Mr. Fontana expeditiously pursued to completion. ORDINANCE AMENDMENT CHAPTER 511, ZONING APPROVED AS TO FORM The Common Council of the City of Buffalo does hereby Michael B. Risman ordain as follows: Corporation Counsel That the Code of the City of Buffalo be amended to NOTE: Matter in brackets is to be deleted, matter read as follows: underlined is new. Projections into yards and courts. REFERRED TO THE COMMITTEE ON LEGISLATION. (1) The following projections into required yards and courts shall be allowed, NO. 151 subject to the limitations of Subsection E(2): By: Mr. Fontana (a) Fence heights ORDINANCE AMENDMENT CHAPTER 511, ZONING (i) For all Residential and Commercial Uses: The Common Council of the City of Buffalo does hereby A wall or fence not over four feet high may be erected ordain as follows: within the limits of any front yard, side street side yard That the Code of the City of Buffalo be amended to or outer court, provided that it does not conflict with the read as follows: requirements of § 511-84 for corner visibility. In any §511-115F. Paving and driveways in front yards of other yard, a wall or fence not over seven feet high may residential districts or uses; amount permissible. be erected. Plant growth adjacent to the front property A. Paving forwards of buildings in residential districts or line or side street side yard property line shall be uses shall be limited to driveways serving legal side or maintained so as to meet requirements of §511-84 for rear parking or serving legal front parking pads. comer visibility, and so as to leave clearance of the Driveway widths shall be limited to twelve feet in the required minimum sidewalk width. [A fence, wall or case of a one (1) vehicle garage or one (1) vehicle similar structure unduly shutting out light or air or which parking area: In the case of a two (2) vehicle garage or may cause a nuisance, a fire hazard or a dangerous two (2) vehicle parking area, driveways may be up to condition, including barbed wire and razorback wire, is twenty four (24) feet in width, provided the lot width is prohibited.] equal to or greater than 45 feet. Driveways may For Manufacturing Uses: A wall or fence not over six become wider if in order to accommodate vehicle entry feet high may be erected within the limits of any front into a garage or parking area, but such widening shall yard, side street side yard, or outer court, provided that only be permitted at the point where it becomes it does not conflict with the requirements of §511-84 for necessary in order to allow vehicle entry. In no case corner visibility. In any other yard, a wall or fence not shall such widening be permitted forwards of a building over ten feet high may be erected. Plant growth in any front or side street side yard. adjacent to the front property line or side street side B. For the purposes of paved driveways in yard property line shall be maintained so as to meet residential districts or uses, any one (1) side street side requirements of §511-84 for comer visibility and so as yard on a comer lot in a residential district or use may to leave clearance of the required minimum sidewalk be paved to the extent described in paragraph A. Any width. See notes below. such side street side yard driveway shall only be in lieu Notes: (a) A fence, wall or similar structure unduly of a driveway to the front of the lot. shutting out light or air or which may cause a nuisance, APPROVED AS TO FORM a fire hazard or a dangerous condition, including barbed Michael B. Risman wire and razorback wire is prohibited. Corporation Counsel (b) Fence heights for Urban Renewal areas shall NOTE: Matter in brackets is to be deleted, matter conform to Urban Renewal regulations by area. underlined is new. [(b)] (c) Balconies and bay windows limited in total REFERRED TO THE COMMITTEE ON LEGISLATION. length to 1/2 the length of the building wall may project into any yard or court. NO. 152 [(c)] (d) Chimneys, ornamental features, pilasters and By: Mr. Fontana roofs may extend not more than 30 inches into any ORDINANCE AMENDMENT CHAPTER 511, ZONING required yard or court. The Common Council of the City of Buffalo [(d)] (e) Fire escapes may extend not more than four does hereby ordain as follows: That the Code feet into any required court or side yard and not more of the City of Buffalo be amended to read as than six feet into any required rear yard. follows: (2) Limitation on projections. Notwithstanding any other provision of this section, no projection or structure premises wherein such use is contained or as an shall extend into any required yard more than 1/3 the employee of the owner or operator of an adult use so required width or depth of such yard or into any established. [Amended 10-3-1995, effective 10-4-1995; ~] required court more than 1/4 the required width of such 10-20-1998, effective 11-4-1998 court or within three feet of any accessory building. (a) License. All adult use establishments are required to APPROVED AS TO FORM be licensed pursuant to Chapter 263, Licenses, of this Michael B. Risman Charter. Corporation Counsel (b) Abandonment of Use: All adult use permits issued NOTE: Matter in brackets is to be deleted, matter under this section shall underlined is new. (c) Discontinuance. In any district, whenever such adult REFERRED TO THE COMMITTEE ON LEGISLATION. use of land, premises, building or structure or any part of portion thereof has been discontinued for a period of NO. 154 three months, such adult use shall not thereafter be BY: MR. FONTANA reestablished, and all future use shall be in conformity RE: ORDINANCE AMENDMENT CHAPTER 51 L, with the provisions of this chapter. Such discontinuance ZONING of the active and continuous operation of such use or a The Common Council of the City of Buffalo does hereby part or portion thereof for such period of three (3) ordain as follows: months is hereby construed and considered to be an That the Code of the City of Buffalo be amended to abandonment of such use, regardless of any read as follows: reservation of an intent not to abandon the same or of §511-95 Adult Uses; uses subject to special an intent to resume active operations. If actual regulation abandonment in fact is evidenced by the removal of It is recognized that there are some uses which have buildings, structures, machinery, equipment, signs and serious objectionable operational characteristics when other evidences of such use of the land and premises, several of them are concentrated under certain the abandonment shall be construed and considered to circumstances or when they are in close proximity to be completed within a period of less than three (3) churches, schools, playgrounds, child-care centers, months, and all rights to re-establish or continue such public parks or community centers, producing a use shall thereupon terminate. deleterious effect upon adjacent areas. Special (d) Termination. All adult use permits hereinafter issued regulation of these uses is necessary to ensure that shall be deemed to be personal to the holder or tenancy adverse effects will not contribute to the blighting or and shall terminate upon the transfer of title or downgrading of the surrounding neighborhood. The ownership of the property or tenancy so affected. primary reasons for regulation is to maintain (e) Nonconformities due to re-classification of districts. established standards of decency pursuant to Chapter The foregoing provisions of this Article shall also apply 299 of the Ordinances of the City of Buffalo, EN and to to buildings, structures, land, premises or uses which prevent a concentration of these uses in any one area hereafter become nonconforming due to any re- which could create adverse neighborhood effects. To classification of districts under this chapter or any enforce the restrictions upon the location of such uses, subsequent change in the regulations of this chapter. it is necessary for the City to issue permits for all Where a period of years is specified in this Article for existing and new uses established or operating in the removal of nonconforming buildings, structures or accordance with this section. It is recognized that many uses, said period shall be computed from the effective of the uses regulated by this section involve potentially date of such reclassification or change. large profits which entice owners of buildings within the (2) Private visual presentation in commercial City to ignore the provisions of this chapter and establishments. Commercial establishments which offer disregard the adverse effects upon the neighborhood private viewing of movies, tapes, slides, pictures when leasing their property. It is necessary, therefore, computer-generated images of any kind, or live to regulate owners of real property devoted in whole or performance of any kind shall comply with the following: in part to adult uses as well as operators of commercial (a) Booth access. Each booth shall be totally establishments involving such uses. Uses subject to accessible to and from aisles and public areas of the these controls are as follows: establishment. Access to a booth shall be unrestricted A. Adult uses: adult bookstores, adult motion-picture by doors, locks or other control-type devices. theaters, including adult video stores, commercial (b) Booth construction. Any booth used to view a establishments offering private visual presentations or movie, tape, slide, picture or live performance of any commercial establishments offering body rubs, as kind must be so constructed as to discourage sexual defined in § 511-4 of this chapter, and exotic cabarets activity and the spread of communicable disease by as defined in § 511-4 of this chapter. [Amended 10-3- including, but not being limited to, the following 1995, effective 10-4-1995] requirements: (1) It shall be unlawful to hereafter establish any adult [1] Every booth shall be separated from adjacent bookstore, adult motion-picture theater, including adult booths and any nonpublic areas by a wall. video stores, commercial establishments offering [2] Every booth shall have at least one side totally open private visual presentations, commercial establishments to a public, lighted aisles so that there is an offering body rubs or exotic cabarets in any district unobstructed view at all times of anyone occupying the other than a CM- or M-zoned district, within 750 feet of booth. another adult use or within 750 feet of any R-zoned [3] All walls shall: district or any church, school, playground, child-care [a] Be solid, without any openings. center, public park or community center, even if such [b] Extend from the floor to a height of not less than adult use is located or proposed to be located within a six feet. CM- or M-zoned district. The word "establish" means to [c] Be light-colored, nonabsorbent, smooth-textured operate such an adult use as the owner of premises and easily cleanable. wherein such use is contained or as the lessee of [4] The floor must be light-colored, nonabsorbent, smooth-textured and easily cleanable. B. Severability. If any word, clause, sentence, [5] The lighting level of each booth when not in use paragraph, subsection or part of this section included in shall be a minimum of 10 footcandles at all times. this article now or through supplementation shall be © Booth Occupants adjudged by any court of competent jurisdiction to be [1] Only one individual shall occupy a booth at any invalid, such judgment shall not affect, impair or time. invalidate the remainder thereof but shall be confined in [2] No individual occupying a booth shall, at any time, its operation to the word, clause, sentence, paragraph, engage in any type of sexual activity or cause any subsection, section or part thereof directly involved in bodily discharge or litter associated with sexual activity the controversy in which such judgment shall have while in the booth. been rendered. [Added 10-3-1995, effective 10-4-1995] [3] No individual shall damage or deface any portion APPROVED AS TO FORM of the booth. Corporation Counsel (d) Operator responsibility. Matter in brackets is to be deleted, matter underlined is [1] It shall be the responsibility of the owner, operator, new. licensee and employee of the establishment to: (Amended: Eff. Date: [a] Maintain the premises in a clean and sanitary REFERRED TO THE COMMITTEE ON LEGISLATION manner at all times. [b] Maintain at least 10 footcandles of light in the public NO. 155 portion of the establishment, including aisles; at all BY: MR. FONTANA times. RE: ORDINANCE AMENDMENT CHAPTER 511, [c] Ensure compliance of the establishment and its ZONING patrons with the provisions of this section. The Common Council of the City of Buffalo does hereby [d] Post the regulations concerning booth occupancy on ordain as follows: That the Code of the City of Buffalo signs, with lettering at least one inch high, that are be amended to read as follows: placed in conspicuous areas of the establishment and §511-97. Screening, setback, surfacing, ~ lighting and in each of the viewing booths. access requirements. [2] Violation of any provision of this section All off-street parking facilities shall be either contained constitutes a public nuisance. within buildings or subject to the following requirements: (e) In every room of such establishment wherein such A. Screening. partitioned rooms or booths are constructed, there shall (1) Off-street parking facilities for more than five not be less than two lighted exits, which exits shall lead vehicles shall be effectively screened when located on directly to the outside of such building. a lot across the street from premises used for (3) Adult use permit. No person, firm or corporation residential purposes or situated in any R District. The shall continue or engage in the business of operating screening shall consist of a solid wood fence or an adult bookstore, adult motion-picture theater, masonry wall not less than four (4) feet nor more than including adult video stores, commercial establishments five 51~ feet high, maintained in good condition and offerings private visual presentations, commercial shall not be located in any required setback or front establishments offering body rubs or exotic cabaret in yard. Landscaping or iron fencing may be used for the City of Buffalo without an adult use permit and screening if its design is submitted to the City Planning current license issued by the Director of Inspections, Board and approved by the Common Council. Off-street Licenses and Permits after written application, duly parking facilities for more than five (5) vehicles shall be verified, has been made therefor, upon a form provided effectively screened on each side which adjoins or by said Director. Said application shall give the name faces the side or rear lot line of premises used for and address of said applicant, the location of the residential purposes or situated in any R District. That premises whereon said adult use is or is to be operated part of the screening required by this subsection which and the name and address of the owner of the property is situated within ~ [60] feet of the street lot line of such whereon the adult use is or is to be operated if different adjoining lot, or as far back of such line as the rear of from the applicant. The Director of Inspections, any dwelling on such adjoining lot, whichever distance Licenses and Permits shall issue his determination to is greater, shall consist of a solid fence or unpierced approve or deny the application based on his masonry wall not less than four 4~) feet or more than investigation of the planning and zoning issues relative seven (7) feet high per sections 511-115(E)(1)(a) Yards to the location of the adult use within 45 days or else and Courts and 511-84 Corner Visibility of this Charter such application shall be deemed approved. It shall be and maintained in good condition. Alternate screening the responsibility of the applicant to keep the may be provided if its design is submitted to the City information provided to the City of Buffalo accurate and Planning Board and approved by the Common Council. up-to-date. The information provided on the application (2) Such off-street parking facilities which are shall be certified as true by the applicant under the constructed on land within on-~e hundred (100) [100] penalties of perjury and the immediate revocation of the feet of Delaware Avenue and visible from Delaware adult use permit. [Amended 10-3-1995, effective 10-4-Avenue, between Niagara Square and Gates Circle, 1995; 11-12-1997, effective 11-24-1997] shall have a decorative screening on the street side of (4) Enforcement. Both the Director of Inspections, such facility. The design of such decorative screening Licenses and Permits and the Commissioner of Police shall be submitted to the City Planning Board and shall shall have the authority to inspect the premises during require the prior approval of the Common Council. operating hours and to enforce the provisions of this B. Minimum distance and setback. If on the same lot section. Failure to comply with the requirements of this with a main building, a parking area for one (1) or more section may constitute grounds for the suspension, vehicles shall not be located or permitted within the revocation or nonrenewal of licenses issued by the City front yard or side street side yard required for such to operate such an establishment. [Amended 10-3-building. If not on the same lot with a main building, the 1995, effective 10-4-1995; 11-12-1997, effective 11-24-parking area shall not be closer to any street line than 1997] the depth or width of yard which would be required on such lot for a one-story main building. The screening That the Common Council does hereby discharge the required by Subsection A shall be set back from each Legislation Committee from further consideration of street the same as if it were a building wall, so as to RES 153, CCP May 17, 2005, "Trailblazer Req. for observe the front yard and side street side yard Thomas T. Edwards Funeral Home" and said item is requirements of this chapter. No automobile service now before the Council. station shall have any pump, holder or other equipment ADOPT DISCHARGE within ten (10) [10] feet of any street line. PASSED C. Surface of parking area. Every off-street parking AYES - 9 NOES - 0 area and access driveways thereto shall be paved and shall be so graded and drained as to dispose of all NO. 157 surface water accumulation. BY: MR. FRANCZYK (1) All parking areas for six (6) vehicles or more as RE: WAIVER OF PUBLIC WORKS LIABILITY determined by sections 511 96 of this Charter shall INSURANCE REQUIREMENT FOR VERTICAL have catch basin or trouRh drainage connected to the BANNERS city sewer. Whereas: The Clinton Bailey Community Association, (2) Parking areas for five (5) vehicles or less as originally organized to fight the infamous "NYC determined by section 511-96 of this Charter shall not Garbage Train" in 2003, now focuses on neighborhood be required to have catch basin or trough drainage beautification projects, quality of life issues, and general connected to the city sewer, but shall have sloped community improvement; and drainage to the street; such sloped drainage shall not Whereas: The Clinton Bailey Community Association cause excess water or icy conditions on sidewalks or plans to install 25 decorative Vertical street banners to other sections of the city right of visually enhance their Clinton-Bailey neighborhood year D. Lighting. Any fixture used to illuminate any off-street round; and parking area shall be so arranged as to direct the light Whereas: The Buffalo Common Council on March 8, away from the street and away from adjoining premises 2005 adopted a resolution granting permission for these used for residential purposes or situated in any R banners to be installed in the Clinton Bailey area; and District per section 511-87.1 of this Charter. [The Whereas: The City of Buffalo Department of Public intensity of lighting shall not be such as to interfere Works requires a certificate of liability insurance in unreasonably with any premises in any R District.] order to hang banners; and E. Access to and from public streets shall be subject Whereas: These 25 banners are single pole vertical to approval by the Commissioner of Public Works. decorative banners and not large overhead street F. Protection. Wheel stops shall be provided around the banners; and property perimeter as necessary to prevent the Whereas: These 25 vertical decorative banners will projection of any part of an, parked vehicle across any only be installed and rotated by a professional sign property line, into an,/walkway, or into an easement. company that has the city required liability insurance; Bollards or equivalent barriers shall be provided Now Therefore Be It Resolved: That the Buffalo sufficient to protect all exits and all exterior electrical, Common Conncil hereby requests that the City of plumbing, and HVAC installations bordering on the lot, Buffalo Department of Public Works waive its whether on the lot or on property immediately adjacent requirement for a certificate of liability insurance for the to the lot, so that safe exiting is maintained and not Clinton Bailey Community Association regarding this damage to equipment can occur. Bollards or barriers banner installation project. shall be of such construction and have such foundation REFERRED TO THE COMMITTEE ON LEGISLATION or attachment as to provide adequate vehicle impact NO. 158 protection and shall be maintained in proper repair. BY MR GOLOMBEK: [F] G. Every parcel of land hereafter used as an CALLING FOR JOEL GIAMBRA TO RESIGN FROM automobile or trailer sales area or as an automobile THE BUFFALO FISCAL STABILITY AUTHORITY service station shall be subject to the requirements of (BFSA) this section [and shall be considered, in the application thereof, as the equivalent of a parking area for more Whereas, When the BFSA was established in 2003, than five vehicles]. the New York State Legislature declared that a APPROVED AS TO FORM condition of fiscal difficulty has existed for several years Corporation Counsel in the city of Buffalo, as a result of a weakened Matter in brackets is to be deleted, matter underlined is economy, population declines, and job losses; and new. Whereas, The legislation creating the BFSA stated (Amended: Eft. Date: further that the City's fiscal condition has been further REFERRED TO THE COMMITTEE ON LEGISLATION weakened by the impact of the national economic recession, which has had a greater negative impact in NO. 156 Buffalo than in many other areas of the state; and BY: MR. FONTANA Whereas, These factors when combined with the city's RE: DISCHARGE ITEM FROM THE LEGISLATION limited ability to increase taxes have led to a structural COMMITTEE--(RES 153, CCP MAY 17, 2005) imbalance between revenues and expenditures "TRAILBLAZER REQ. FOR THOMAS T. EDWARDS resulting in the creation of the BFSA; and FUNERAL HOME" Whereas, Through the leadership of Mayor Masiello Whereas: RES 153, CCP May 17, 2005, "Trailblazer and the Buffalo Common Council, the City of Buffalo Req. for Thomas T. Edwards Funeral Home" is has made the necessary and tough decisions to currently before the Committee on Legislation; and improve Buffalo's fiscal situation; and Whereas: It is no longer necessary for this item to be Whereas, The fiscal crisis which exists in the County of considered by that committee; Erie, is a failure of leadership on the part of Erie County Now, Therefore, Be It Resolved: Executive Joel Giambra and the Erie County Legislature; and Cultural Center, and the Masten District Council Office, Whereas, Due to its leadership crisis, the County of will host a parade on Jefferson Avenue from East Ferry Erie may have a Control Board established to oversee Street to Best Street; and its operation; and Whereas The Junior Baseball League is requesting that Whereas, A County Executive who does not have the Jefferson Avenue from East Ferry to Best Street is ability to manage the fiscal crisis of Erie County should blocked off from 12pm until 1 pm; and not have a role to play in correcting the fiscal situation Now Therefore Be It Resolved: of the City of Buffalo. That the Buffalo Common Council supports this event Whereas, Given the lack of leadership ability on the and does hereby grant the Junior Baseball League part of Joel Giambra, which has created a fiscal crisis in permission to block Jefferson Avenue (between East Erie County, Joel Giambra should resign from the Ferry Street and Best Street) on May 28, 2005 from BFSA; and 12pm to 1 pm for a parade Now Therefore Be It Resolved, That the Buffalo PASSED Common Council calls upon Erie County Executive Joel AYES - 9 NOES - 0 Giambra to resign as a director of the Buffalo Fiscal Stability Authority. NO. 161 Be It Further Resolved, That the Buffalo Common BY: MR. THOMPSON Council supports amending the BFSA enabling RE: REQUEST BOE TO ESTABLISH A 25% RATE legislation to reduce the size of the BFSA from nine OF PARTICIPATION GOAL FOR BUFFALO PUBLIC directors to eight by removing the appointment of one SCHOOLS TO IMPLEMENT A UNIFORM POLICY director by the Erie County Executive. FOR 2006-2007 SCHOOL YEAR Be It Finally Resolved, That the City Clerk forward Whereas: On July 20, 2004, the Buffalo Common certified copies of this resolution to Governor George Council adopted a resolution requesting the Board of Pataki, Senate Majority Leader Joseph Bruno, Education to set a goal of 50% participation of Buffalo Assembly Speaker Sheldon Silver, State Comptroller Public Schools to implement a uniform policy for the Alan Hevesi, Members of the WNY State Delegation 2004-2005 school year; and and Brian Lipke Whereas: While this goal was not met, BOE members BFSA Board Chair. and public constituents did meet at a Special Session of Mr. Golombek made A motion to Adopt said item the Common Council Committee on Education on Seconded by noone January 20,2005, and it was agreed upon that LOST interested members, parents and school Mr. Coppola moved to Receive and File Said Item representatives would work together as a "Dress Seconded by Mrs. Russell Code/Uniform Advisory Committee" towards the ADOPTED implementation of uniforms into selected schools for the AYES – BONIFACIO, CONRAD, COPPOLA, 2005-2006 school year; and FONTANA, RUSSELL, THOMPSON - 6 NOES – Whereas: Two schools, #67 Discovery School and DAVIS, FRANCZYK, GOLOMBEK - 3 #307 East High, have decided to join School #80 Highgate Heights, in the implementation of a school NO. 159 uniform policy for the 2005-2006 school year; and BY: MR. GOLOMBEK Whereas: This represents a 4% participation rate for [DISPLAY BANNER FOR OPEN AIR FILM the number of Buffalo Public Schools implementing a FESTIVAL] uniform policy for the 2005-2006 school year. Whereas Dolce Far Niente, Inc. will present the Fifth Now, Therefore Be It Resolved: Annual "Sotto Le Stelle -Free Open Air Film Festival" That this Common Council requests that efforts of the each Friday in July 2005, and "Dress Code/Uniform Policy Advisory Committee" Whereas To promote this event the organizers have streamline and model the process utilized at Schools # requested permission to display a banner on Elmwood 67 & 307 and avail these efforts towards those schools Avenue; and, who have shown an interest in implementing a school Whereas The banner wilt be hung across Elmwood uniform policy during the 2005-2006 school year; and Avenue between Pole #2t5 and the building located at Now, Therefore Be It Further Resolved: 820 Elmwood Avenue. The organizers would like to That the Board of Education establish a 25% hang the banner starting on June 3rd, 2005 and will participation goal for Buffalo Public Schools to have it taken down by July 30th, 2005. implement a uniform policy in 2006-2007 school year. NOW, Therefore, Be It Resolved: ADOPTED This Common Council recognizes the importance of cultural events that support neighborhood business NO. 162 districts by attracting people. The organizers of the BY: ANTOINE M. THOMPSON "Sotto Le Stelle - Free Open Air Film Festival" are APPOINTMENTS COMMISSIONER OF DEEDS granted permission by this Honorable Body to hang a That the following persons are hereby appointed as banner, pursuant to the conditions set f6rth by the Commissioner of Deeds for the term ending December Commissioner of Public Works, at the above location 31, 2006, conditional, upon the person so appointed from, June 3rd, -9005 to July 30th, 2005. certifying under oath to their qualifications and filing PASSED same with the City Clerk: AYES - 9 NOES - 0 Paul D'Orlando Heather Williams Eric Jones Christa Vioaver NO. 160 Jeremy Zellner Otis Glover BY: MR. THOMPSON Louis Turchiarelli Jennifer Williams RE: JUNIOR BASEBALL LEAGUE PARADE Melanie Gregg Otis Barker Sr Whereas On May 28, 2005, the Junior Baseball Michael Croft Erich Weyant League, with assistance from MAD/DADS, the African Jennifer Diagostino Total: 13 ADOPTED NO. 163 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Jason Shell Michael Nowakowski Total 2 ADOPTED NO. 164 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are th held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Claims Wednesday, June 1, 2005 at 9:30 o'clock A.M. Committee on Civil Service Tuesday, June 7, 2005 at 9:30 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 7, 2005 at 10:00 o'clock A.M. Committee on Legislation Tuesday, June 7, 2005 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, June 8, 2005 at 10:30 o'clock A.M. Special Committees Spec. Comm. Dev. Mtg. Wednesday, June 1, 2005 at 2:00 o'clock P.M. in the Council Chambers on the Queens Landing Group Purchase of Marine Drive Apartments. Special Legislation Meeting Thursday, June 2, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall. MBEC Room 1417 City Hall. Monday, June 13, 2005 at 10:00 o'clock A.M. in (Public Disclaimer): All meetings are subiect to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 165 ADJOURNMENT On motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 4:12 pm GERALD A. CHWALINSKI CITY CLERK