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Home My WebLink About05-0208 No. 3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO February 8, 2005 SPECIAL SESSION February 1, 2005 MAYOR 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 JAMES D. GRIFFIN - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members CLAIMS COMMITTEE: James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis, James D. Griffin CORPORATION PROCEEDINGS COMMON COUNCIL on December 3 I, 2004. CITY HALL - BUFFALO Richard Berger TUESDAY, FEBRUARY 8, 2005 79 Chapin Parkway, Buffalo, NY14209 AT 2:00 P.M. Richard Berger is President and COO of NanoDynamics, Inc .of Buffalo, a leading company in PRESENT – David A. Franczyk, President of the the rapidly growing field of nanotechnology. Mr. Berger Council, and Council Members Bonifacio, Coppola, has over 30 years experience in managing companies Davis, Fontana, Golombek Griffin, Russell and of a vast variety of industries, technologies and Thompson – 8 products. Mr. Berger earned his BA in Business Administration ABSENT - 0 from Bowling Green State University in Ohio. I am sure that his leadership skills wilI prove invaluable to the On a motion by Mr. Coppola seconded by Library Board. Mr.Fontana, the minutes of the stated meeting held Thomas Errol Gleed on January 25, 2005 were approved. 204 West Tupper Street Buffalo, NY 14201 At the present time Mr. Gleed is the Executive Assistant FROM THE MAYOR to the Mayor & Sister Cities Liasion for the City of NO. 1 BuffaIo. Formerly Mr. Gleed was a Special Coordinator APPOINTMENT OF MEMBERS in the Department of Community Development and TO THE BUFFALO BOARD OF PARKING from 1985 to 1995 he was General Store and Pursuant to the powers vested in me by Section 18-Merchandise Manager for Pellet & Mure. Tom is very 35 of the Charter of the City of Buffalo, subject to active in career related activities. confirmation by Your Honorable Body, I hereby appoint Maureen Danahy, SSJ 151 Summit Avenue the following individuals to the Buffalo Board of Parking Buffalo, N.Y. 14201 for a term commencing immediately and will expire At the present time Maureen Danahy is Director of the Marcia 31, 2006. Mayor's Internship Program. From 1972-1998 she was Neil A. Aquino, Jr. 431 Lakefront Blvd. an elementary school teacher. Maureen has taught Neil Aquino is tile Senior Vice-President-Senior Lending grades 2-8 over the course of her teaching career. Officer for Jamestown Savings Bank located ill I hereby certify that the above designees are fully downtown Buffalo. Mr. Aquino has served over the past qualified to serve as members of the Board of Trustees thirteen years ill similar positions for Keybank and of the Buffalo and Erie County Library. Empire of America. REFERRED TO THE COMMITTEE ON LEGISLATION, Mr. Aqnino earned a BS from Heidelberg Collage in AND THE DIVISION OF COLLECTIONS Ohio and a graduate banking degree from tile University of Delaware. Mr. Aquino is being appointed NO. 3 to fill the seat previously held by Stephanie Graham DESIGNATION OF NOMINEES FOR APPOINTMENT who has resigned. TO THE Henry Gorino 33 Tudor Place-Rear Apt. Buffalo, BOARD OF TRUSTEES OF THE BUFFALO AND 14222 ERIE COUNTY Henry Gorino, owner of Oliver's Restaurant, has LIBRARY previously served on the Buffalo Board of Parking. Mr. Pursuant to Section 6212 of the Unconsolidated Laws, Goriuo is being appointed to fill the seat previously held being Chapter 768, Section 2 of the Laws of 1953, by the Honorable Joseph Figliola who has resigned. transmitted herewith are my designated nominees to RE-APPOINTMENT the Board of Trustees of the Buffalo and Erie County Evelyn Kerney Public Library. The County Executive, subject to 233 Brunswick Blvd. Buffalo, 14208 confirmation by the County Legislature, will appoint one Mrs. Kerney's term will commence immediately and will nominee for a term expiring December 31,2008. Said expire March 31, 2010. nominee is replacing Daniel T. Roach whose term I hereby certify that the above named individuals expired on December 31, 2003. are fully qualified for appointment and re-Luis R. Clay 150 Jewett Parkway Buffalo, NY 14214 appointment to the Buffalo Board of Parking. Luis R. Clay is Vice-President of Commercial Banking REFERRED TO THE COMMITTEE ON LEGISLATION for HSBC Bank (USA) N.A. Mr. Clay has over twenty- AND THE DIVISION OF COLLECTIONS five years experience in corporate and international banking. NO. 2 Mr. Clay is affiliated with numerous civic and DESIGNATION OF NOMINEES FOR APPOINTMENT professional organizations such as serving on the TO THE boards of the Landlnark Society and Buffalo/Niagara BOARD OF TRUSTEES OF THE BUFFALO AND World Connect. 1 am sure that his leadership skills will ERIE COUNTY prove invaluable to the Library Board. LIBRARY Kathleen J. Verrastro 270 Woodbridge Ave Buffalo, Pursuant to Section 6212 of the Unconsolidated Laws, NY 14214 being Chapter 768, Section 2 of the Laws of 1953, Kathleen Verrastro is the Coordinator for Special transmitted herewith are my designated nominees to Events for the City of Buffalo. Formerly Mrs. Verrastro the Board of Trustees of the Buffalo and Erie County served as the Regional Director of the NYS Assembly Public Library. The County Executive, subject to Speaker's Office, a position she held for almost 20 confirmation by the County Legislature, will appoint one years. nominee for a term expiring December 31, 2009. Said Leonardo Tempestoso, Jr. 145 Dorchester Road nominee is replacing Phyllis Horton whose term expired Buffalo, N.Y. 14213 Leonardo Tempestoso is a Resource Development with any Financeable Costs referred to in this Specialist for the Buffalo Urban Renewal Agency. Prior Declaration of Need. to joining the City of Buffalo he was a 2rid Class Petty All terms in this Declaration of Need not otherwise Officer with the U.S. Navy. defined herein shall have the meanings set forth in the I hereby certify that the above designees are fully Agreement. qualified to serve as members of the Board of Trustees Mr. Coppola moved: of tile Buffalo and Erie County Library. That the above communication from the Mayor dated REFERRED TO THE COMMITTEE ON LEGISLATION February 8, 2005, be received and filed; and AND THE DIVISION OF COLLECTIONS That upon the request of the Mayor pursuant to Section 3861 of the Public Authorities Law, the Common NO. 4 Council does hereby authorize the Mayor to request the DECLARATION OF NEED Buffalo Fiscal Stability Authority to undertake a I, Anthony M. Masiello, Mayor of the City of Buffalo (the refunding of all or a portion of the City's outstanding "City"), a municipal corporation of the State of New debt in an amount not to exceed $145 million as stated York, acting pursuant to §3861(3) of the Public in the Declaration of Need. Authorities Law, added by Chapter 122 of the Laws of PASSED 2003 (the "Act"), and further pursuant to the Financing AYES - 9 NOES - 0 Agreement dated as of June 1, 2004 between the Buffalo Fiscal Stability Authority, a public benefit FROM THE MAYOR - EXECUTWE DEPARTMENT corporation of the State of New York (the "Authority") FROM THE DIVISION OF CITIZISN SERVICES and the City (the "Agreement"), to which Agreement this Exhibit is hereby or shall be incorporated, HEREBY NO. 5 DETERMINE AND CERTIFY as follows: 2004 ANNUAL REPORT 1. A Declaration of Need, as defined in the Act, is Dear Members of the Buffalo Common Council: hereby determined to exist. The City has determined Attached is the annual report for 2004, from the Division that the issuance by the Authority of its bonds to refund of Citizen Services. certain existing bonds of the City. The amounts of the ATTACHMENTS Financeable Costs hereby requested to be undertaken REFERRED TO THE COMMITTEE ON FINANCE is set forth on Appendix I hereto, which Appendix I is incorporated herein as an integral part of this NO. 6 Declaration of Need. FROM THE BOARD OF PARKING 2. The City represents and affirms that the foregoing PARKING LOT BIDS financing of Financeable Costs by the Authority is BURA PARCEL NO. 29 AND THRUWAY authorized by the Act and is consistent with the current LOT NO. 5 adopted City budget and the most recent four-year The existing three-year lease for the below surface lots financial plan submitted to or certified by the Authority are about to expire. The Board of Parking advertised for in conformance with the Act and that such Financeable new three year leases on December 15, 2004. The Costs meet the requirements of Section 4.01(F) of the public bid opening was hold January 19, 2005 in the Agreement. office of the Board of Parking, 1801 City Hall. The 3. The City reaffirms the provisions of the Agreement, results are as follows: including but not limited to each of the covenants, Bura Parcel No. 29/Thruway Lot No. 5 (existing annual agreements and indemnities therein and agrees herein rental - No. 29 $ 52,000/Thruway No. 5 $ 50,300 = to provide prompt notice of any fact or circumstances $102,300 which would with the passage of time or otherwise give Allright Parking Buffalo, Inc. Parcel No. 29 $50,000 rise to any violation or contravention of the terms of this 107 Delaware Ave. - Suite One Thru No 5 $55,550 Declaration of Need, the Agreement or any financial Buffalo, NY 14202 $105,550 plan submitted to or approved by the Authority. Pro Park LLC Parcel No 29 $56,411 4. Pursuant to the Act, the financing plan reflected in 465 Main St Thru No 5 $58,000 this Declaration of Need and the Agreement, the 114,411 Authority is hereby requested to finance, in whole or in Buffalo, NY 14203 part, the Financeable Costs set forth in Appendix I The Parking Board recommends that Pro Park LLC, as hereto. In no event shall the amount of such financing the highest responsible bidder, be awarded a three (3) in any fiscal year exceed the amount of the Declaration year lease for Parcel No. 29/Thru No.5 in the amount of Need for such year, as it may be amended from time of$114,411. to time by an amended Declaration of Need. REFERRED TO THE COMMITTEE ON FINANCE 5. The Authority is also requested to consult with the City with respect to the timing and amount of Authority FROM THE OFFICE OF STRATEGIC PLANNING bond issues so that Authority and any City financings may be coordinated. As more fully provided for in the NO. 7 Agreement, bonds of the Authority shall be issued when ARTSPACE PILOT the Authority determines in its sole discretion such Your Honorable Body is hereby requested to approve issuance to be appropriate. the attached PILOT covering the build out of sixty (60) 6. The City reaffirms its agreement to apply the units of affordable housing as part of the above- proceeds of the Authority's financings in a manner referenced Project. consistent with its adopted budget and four-year This Project is intended to be a new mixed use financial plan and to conform to the requirements of development providing 60 low income residential units each related Arbitrage and Use of Proceeds Certificate. for local artist and their families. The sponsor of the 7. The City understands and agrees to provide the project, Artspace Projects Inc. of Minneapolis, has Authority with any supporting data, descriptions or created dozens of similar commercial/residential materials which the Authority requests in connection projects in formerly vacant buildings throughout the United States. Also included in the Buffalo Project will NO. 9 be ground floor commercial space to complement and HOUSING AND BUSINESS GRANTS & LOANS potentially support the residential occupancies, and Please accept the attached document for your review help to create a dynamic urban residential setting for regarding Housing and Business Grants & Loans. the City and the local community of artists and their REFERRED TO THE COMMITTEE ON COMMUNITY families. DEVELOPMENT The Project will adaptively reuse and restore the eighty five year old, 80,000 square foot, five story historic NO. 10 Buffalo Electric Vehicle Co, Building, located at 1219-ACQUISITION OF PORTION OF 295 BRYANT 1233 Main Street. The goal is to create approximately STREET NIAGARA DISTRICT 36 units in the rehabilitated building, while restoring the The Office of Strategic Planning, Division of Real windows and street storefront entrance and show room Estate, has received a communication from Nancy W. quality to the original 1911 appearance. Saia, Attorney representing Mr. Patrick Keaveny, owner The Project area also includes the construction of new, of 295 Bryant. Ms. Saia has advised the City of Buffalo, two story loft housing units on the property behind the years ago, constructed a City parking pot located at 301 existing Main Street to achieve approximately 24 units. Bryant. Part of the City lot is encroaching on Mr Six two story, metal and masonry sided, flat roofed Keaveny's property. buildings will be clustered along the Northampton side Mr. Keaveny is willing to convey the 8' x 30' parcel to of the site to allow the remaining portion of the site to the City of Buffalo eliminating the encroachment and be developed for parking and private commons spaces associated liability providing that the City is willing to for for use by Artspace residential occupants. the cost of transfer approximately $215.00. This will The Project represents an approximate $16,750,000 save the City the cost of removing and re-installing the investment in the City of Buffalo and is heavily guardrails on Mr. Keaveny's property. dependant upon New York State low-income housing I am recommending that Your Honorable approve the tax credits. The New York State housing tax credit transfer of the 8' x 30' parcel from Mr. Keaveny to the application deadline is February 28, 2005. As part of City of Buffalo. The cost of the transfer is to be paid by the Project budget, the developer is relying on a PILOT the City of Buffalo. I am further recommending that the Agreement with the City of Buffalo. Corporation Counsel prepare the necessary documents The amount of the PILOT payments was calculated for the transfer of title and the Mayor be authorized to based upon the standard City PILOT policy for low execute the same. income housing projects, calculated at 5% of the total Mr. Coppola moved income of the proposed residential budget. Rhat the transfer of a portion of the parcel located at REFERRED TO THE COMMITTEE ON COMMUNITY 295 Bryant St from Patrick Keaveny to the City of DEVELOPMENT Buffalo is hereby approved PASSED NO. 8 AYES - 9 NOES - 0 "GRANT APPLICATION FOR THE NEW YORK STATE DEPARTMENT OF STATE QUALITY NO. 11 COMMUNITIES PROGRAM, 2004-2005: RENEW LEASE AGREEMENT BETWEEN THE CITY INFRASTRUCTURE FOR QUEEN CITY LIVABILITY" OF BUFFALO AND THE PEOPLE OF THE STATE OF This grant application will rely upon the partnership NEW YORK FOR USE OF between the City of Buffalo, the Wellness Institute of OF VARIOUS CIGAR STANDS Greater Buffalo, the Buffalo Niagara Medical Campus, ELLICOTT DISTRICT Buffalo Place Inc., the West Village Renaissance ITEM NO. 15, C.C.P. 11/14/00 Group, and the Greater Buffalo-Niagara Regional In the above referenced item Your Honorable Body Transportation Council (GBNRTC), to examine the authorized a lease agreement between the City of existence of bicycle and pedestrian facilities and the Buffalo and the People of the State of New York for use connectivity to transit in Downtown Buffalo. of Cigar Stands in the Lobby of City Hall (3 Niagara Infrastructure for Queen City Livability will focus and Square), the Fourth Floor Cafeteria (City Court Bldg., build upon The Queen City Hub, the regional action (50 Delaware Avenue), Lobby at Police Headquarters plan for Downtown Buffalo. This planning initiative will (74 Franklin Street), Buffalo, New York. This lease utilize the five strategic investment areas identified in commenced on December 1, 2004 and expiring on the Queen City Hub and incorporate the Ellicott District November 30, 2005. Heritage Crescent project as well. The process will The Office of Strategic Planning, Division of Real include the identification of Estate, has received a request from New York State existing infrastructure, development of identified Office of General Services requesting to renew their improvements and an implementation strategy that lease for an additional 5 years commencing on supports livability through pedestrian and bicycle December 3, 2004. access. It is our goal to link major pedestrian and This office recommends that Your Honorable Body bicycle generators in each area and improve approve the renewal of this lease for an additional five - connectivity throughout resulting in reduced congestion year period commencing December 3, 2004 and and parking needs, better air quality and increased expiring on December 2, 2009. The annual rental will active living. The application requires a municipal remain at One Dollar ($1.00) per year, allowed by State resolution in support of the application. Law, all other terms and conditions shall remain the Mr. Coppola moved: same. That the above communication from the Office of I am further recommending that Your Honorable Body Strategic Planning, dated February 3, 2005, be authorize the Corporation Counsel to prepare the received and filed. necessary lease renewal and that the Mayor be RECEIVED AND FILED authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, Strategic Planning dated January 21, 2004, be received FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8 and filed; and NOES – GRIFFIN - 1 That the Director of Strategic Planning be, and he hereby is authorized to renew the lease between the NO. 13 City and the People of the State of New York for use of SALE OF 336 EMSLIE & 592 & 596 WILLIAM Cigar Stands in the Lobby of City Hall (65 Niagara BUFFALO CONGREGATION OF JEHOVAH'S Square), the Fourth Floor Cafeteria (City Court Building WITNESSES, SOUTHEAST UNIT - 50 Delaware Avenue), Lobby at Police Headquarters ITEM #76, C.C.P. 11/3/04 (74 Franklin Street) for an additional five (5) year term The sale of 336 Emslie and 592 and 596 William Street commencing on December 3, 2004 and expiring on were previously before the Common Council and December 2, 2009. That the Corporation Counsel be denied per Item # 76, C.C.P. November 3, 2004. authorized to prepare the necessary lease renewal and District Councilmember requested that the item be that the Mayor be authorized to execute the same. resubmitted to approve the sale. PASSED Therefore, I am recommending that Your Honorable AYES - 9 NOES - 0 Body approve the sale of 336 Emslie, 592 and 596 William Street to Buffalo Congregation of Jehovah's NO. 12 Witnesses, South East Unit in the amount of thirteen RESULTS OF NEGOTIATIONS 918 MAIN, 131' S thousand five hundred dollars ($13,500), one dollar per ALLEN LOT SIZE: 47' X 122' ASSESSED square foot for the subject properties. This is the same VALUATION: LAND: $14,300. IMPROVEMENT: price that was originally established. I am further 168,700. TOTAL: 183,000. recommending that the Corporation Counsel prepare The Office of Strategic Planning, Division of Real the necessary documents for the transfer of title and Estate, has received a request to purchase 918 Main that the Mayor be authorized to execute the same. Street from Mr. Robert Wulbrecht, 60 Indian Trail, Mr. Coppola moved: Williamsville, New York 14221. He has recently That the sale of 336 Emslie, 592 & 596 William Street acquired the adjoining structure at 916 Main Street and from the City of Buffalo to Buffalo Congregation of intends to bring 916 and 918 Main Street into code Jevhova’s Witness, South East Unit in the amount of compliance by making immediate structural repairs to $13,500 is hereby approved. the collapsing roof at 918 Main Street. Mr. Wulbrect has PASSED an impressive history of acquiring and rehabilitating old AYES - 9 NOES - 0 and historic structures. The purchaser has provided the Division of Real Estate FROM THE COMPTROLLER with a plan to rehabilitate the storefront and proof of financial ability to complete the purchase and repairs. NO.14 This 22,936 square foot, four story storefront building BOND CIOSEOUT ACCOUNTS was acquired by the City of Buffalo through a tax FOR THE BOARD OF EDUCATION foreclosure in 2002, situate on a lot 47' x 122'and is in The City of Buffalo issues bonds to provide funds to very poor condition. finance the costs of various capital projects, which are The Department of Permits and Inspection Services described in the bond resolutions, submitted to the and the Division of Collections have no objections to Common Council. When we raise Capital funds by the sale. There are no code violations, taxes or other selling bonds, it is reasonably anticipated that all of the liens owed to the City of Buffalo by the purchaser. projects will proceed timely and binding commitments The Division of Real Estate has agreed to sell the for the completion of the projects will be entered into a property for the value of the land, since the structure in timely manner. Proceeds of bonds not expended for the its' present condition adds little or no value to the object or purpose for which the bonds were sold must property as a whole. be applied to the payment of principal and interest on The Division of Real Estate has investigated the sale of such bonds (Local Finance law-section 165.00). vacant land in the subject area. Sales prices range from The Division of Investment and Debt Management has two dollars and fifty cents ($2.50) to four dollars ($4.00) been advised by the Board of Education that the per square foot. following projects have been completed and the The results of our negotiations are that Mr. Robert following bond fund accounts should be closed out. Wulbrecht has agreed and is prepared to pay fourteen Upon approval by the Council, the Board of Education thousand three hundred dollars ($14,300), two dollars will transfer funds from the closed out accounts to the and fifty cents ($2.50) per square foot for this parcel. He City of Buffalo's reserve account for the repayment of has also agreed to pay for the cost of transfer tax, debt. recording fees and cost of the legal description. CAPITAL PROJECT FUND- (3998) $3,724.00 I am recommending that Your Honorable Body approve HO45-(38792406)-RECONSTRUCTION the sale of BVTC BONDS SOLD:FEB.2001 – $550.15 918 Main Street to Mr. Robert Wulbrecht in the amount HO48-(38792506)-ROOFS-SCHOOL 39 & 19 of fourteen thousand three hundred dollars ($14,300). I, CAPITAL DEVELOPMENT RESERVE FUND (3999) am further recommending that the Corporation Counsel HO15-(39903006)-WlNDOWS SCHOOL 53,69, &CITY prepare the necessary documents for the transfer of HONORS- $58,392.05 title and that the Mayor be authorized to execute the HO20-(39903506) PLANNING NEW SCHOOL same. $5,496.00 Mr. Coppola moved: HO26-(39904106)-RECONSTRUCTION HEATING That the Transfer of the Property located 918 Main St AND VENTILATING $3,935.79 from the City of buffalo to Robert Wulbrecht is hereby Mr. Coppola moved: approved That the above communication from the Comptroller PASSED dated January 27, 2005 be received and filed; and This action is being taken in order to deter motorists from using Delaware Park Access Rd. as a "cut That the Comptroller close out the capital project through" at the request of the District Councilmember accounts in the amounts indicated as listed in the on behalf of the property owners in the Parkside above communication, Community. and the Board of Education will transfer funds from the closed out accounts to the City of Buffalo's reserve NOTIFICATION SERIAL # 9991 account for the repayment of debt. INSTALL NO LEFT TURN PASSED PARKSIDE AVENUE, SOUTHBOUND AYES - 9 NOES – 0 AT W. OAKWOOD PLACE REGULATIONS OF TURNS - INSTALL NO. 15 In conformity with Section 49 of Chapter 479 of the CERTIFICATE OF NECESSITY Ordinances of the City of Buffalo, the City Engineer INCREASED APPROPRIATION hereby notifies Your Honorable Body of this action FUND BALANCE supplementing, amending, or repealing existing CAPITAL PROJECTS provisions of Chapter 479 of the Ordinances, as stated We, Anthony M. Masiello, Mayor and Andrew A. below, to be effective forty five days after the first SanFilippo, Comptroller, do hereby certify, pursuant Council meeting at which they appear on the agenda as to §20-11 of the Charter, that an increase in the sum of an item business. $6,530,000 in the estimate for the fiscal year beginning That that part of Section 37 of Chapter 479 of January l, 2004 is necessary in Capital Improvements Ordinances of the City of Buffalo be supplemented by to meet a contingency which could not have been adding thereto the following: REGULATION OF TURNS reasonably foreseen when the budget was adopted. STREET AT INTERSECTION HOURS The increase is needed for the acquisition and DIRECTION PROHIBITION construction of firehouses as detailed below. The amount of increased appropriations will be met from the Parkside Avenue W. Oakwood Place 7:00am Unreserved/Designated Fund Balance for southbound No Left Turn Reengineering Agreements. The details of the 9:00 am requirements are set forth below: This action is being taken in order to deter motorists From: from using W. Oakwood Place as a "cut through" at the 10700096 - 397000 Unres/Oesignated Balance for request of the District Councilmember on behalf of the Reengineering Agreements property owners in the Parkside Community. To: 17523008 - 489130 Transfer out to Capital Project NOTIFICATION SERIAL # 9990 From: INSTALL NO LEFT TURN 17523008 - 489130 Transfer out to Capital Project PARKSIDE AVENUE, SOUTHBOUND To: AT JEWETT PARKWAY 30062106 - 445100 Main/Mercer Firehouse Rehab REGULATIONS OF TURNS - INSTALL 30062206 -445100 Delavan/Fillmore Fire House In conformity with Section 49 of Chapter 479 of the Acquisition & Construction Ordinances of the City of Buffalo, the City Engineer 30062306 - 445100 Elmwood/Hertel Fire House hereby notifies Your Honorable Body of this action Acquisition & Construction supplementing, amending, or repealing existing Dated: Buffalo, NY, December 7, 2004 provisions of Chapter 479 of the Ordinances, as stated RECEIVED AND FILED below, to be effective forty five days after the fn'st Council meeting at which they appear on the agenda as FROM THE COMMISSIONER OF PUBLIC WORKS an item business. That that part of Section 37 of Chapter 479 of NO. 16 Ordinances of the City of Buffalo be supplemented by NOTIFICATION SERIAL # 9992 adding thereto the following: REGULATION OF TURNS INSTALL NO LEFT TURN PARKSIDE AVENUE, NORTHBOUND STREET AT INTERSECTIONHOURS AT DELAWARE PARK ACCESS RD. DIRECTION PROHIBITION (OPPOSITE FLORENCE AVENUE) Parkside Avenue Jewett Parkway 7:00 am - REGULATIONS OF TURNS - INSTALL southbound No Left turn In conformity with Section 49 of Chapter 479 of the 9:00 am Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action This action is being taken in order to deter motorists supplementing, amending, or repealing existing from using Jewett Parkway as a "cut through" at the provisions of Chapter 479 of the Ordinances, as stated request of the District Councilmember on behalf of the below, to be effective forty five days after the first property owners in the Parkside Community. Council meeting at which they appear on the agenda as an item business. NOTIFICATION SERIAL #9989 That that part of Section 37 of Chapter 479 of INSTALL STOP SIGNS (ALL-WAY) Ordinances of the City of Buffalo be supplemented by IN JEWETT PARKWAY adding thereto the following: REGULATION OF TURNS AT WOODWARD AVENUE STREET AT INTERSECTION DELAWARE DISTRICT HOURS DIRECTION PROHIBITION STOP SIGNS (ALL-WAY) - INSTALL Parkside Ave Delaware Park Access Rd. All In conformity with Section 49 of Chapter 479 of the Northbound No left turn 24 Hours Ordinances of the City of Buffalo, the City Engineer northbound No Left Turn hereby notifies Your Honorable Body of this action opposite Florence Ave. supplementing, amending, or repealing existing That the Commissioner of Public Works, Parks and provisions of Chapter 479 of the Ordinances, as stated Streets, be, and he hereby is authorized to award a below, to be effective forty five days after the first contract for the Delavan Fillmore Fire Station, Fire Council meeting at which they appear on the agenda as Protection Work, Job No. 0433, to Davis Fire Protection an item business. & Services, the lowest responsible bidder, in the That that part of Subdivision 9 Section 11 of Chapter amount of $72,450.00. Funds for the project are 479 of Ordinances of the City of Buffalo be available in 38320506-445100 Buildings. supplemented by adding thereto the following: STOP PASSED SIGNS AYES - 9 NOES - 0 VEHICLES SHALL STOP BEFORE ENTERING No. 18 Jewitt Parkway Woodward Avenue Report of Bids - Ground Speed Salt This action is being taken to provide improved vehicular Spreader Controls for Streets Dept. Fleet and pedestrian safety in the area near the Darwin This is to advise Your Honorable Body that on Martin House. Wednesday, 12/16/04, the City of Buffalo, Division of Purchase opened formal public bids for Ground Speed NOTIFICATION SERIAL #9988 Salt Spreader Controls to be installed on (39) vehicles INSTALL STOP SIGNS (ALL-WAY) in the Streets Dept. Fleet. The results were as follows: IN JEWETT PARKWAY Vendor Bid Amount AT CRESCENT AVENUE Kaminski & Sons Truck $183,664.00 DELAWARE DISTRICT Equipment Inc. STOP SIGNS (ALL-WAY) - INSTALL 245 Lewis St. In conformity with Section 49 of Chapter 479 of the Buffalo, NY Ordinances of the City of Buffalo, the City Engineer Valley Fabrication & Equipment $191,683.00 hereby notifies Your Honorable Body of this action 9776 Trevett Rd. supplementing, amending, or repealing existing Boston, NY provisions of Chapter 479 of the Ordinances, as stated Joe Johnson Equipment USA $240,840.00 below, to be effective forty five days after the ftrst Permission is requested from Your Honorable Body to Council meeting at which they appear on the agenda as approve the bid received from Kaminski & Sons Truck an item business. Equipment and authorize the purchase of (39) That that part of Subdivision 9 Section 11 of Chapter spreaders for the Streets Dept. Fleet. 479 of Ordinances of the City of Buffalo be Funds for this equipment are or will be available in supplemented by adding thereto the following: STOP Capital Projects account #30032106 and a future SIGNS Capital Outlay Account created specifically for this VEHICLES ON SHALL STOP BEFORE purpose. ENTERING Mr. Coppola moved: Jewitt Parkway Crescent Avenue That the above communication from the Commissioner This action is being taken to provide improved vehicular of Public Works, Parks and Streets dated February 3, and pedestrian safety in the area adjacent to the 2005, be received and flied; and Darwin Marlin House. That the Commissioner of Public Works, Parks and RECEIVED AND FILED Streets, be, and he hereby is authorized to award a contract for Ground Speed Salt Spreader Controls, to No. 17 Kaminski & Sons Truck Equipment, the lowest Report of Bids responsible bidder, in the amount of $183,644.00. Delavan-Fillmore Fire Station Funds for the project are available in Capital Projects Fire Protection Work account #30032106 and a future Capital Outlay Job No. 0433 Account. Masten District PASSED I advertised for on December 22, 2004 and received the AYES – 9 NOES – 0 following formal bids for the Delavan Fillmore Fire Station, Fire Protection Work, on January 19, 2005. NO. 19 Davis Fire Protection & Services $72,450.00 Report of Bids 120 W. Tupper, Buffalo, NY Lafayette Ice Rink Allied Fire Protection Systems $79,000.00 Humidity Control System 1885 Lyndon, Falconer, NY Job No. 0440 I hereby certify that the foregoing is a true and correct Delaware District statement of all bids received and that Davis Fire I advertised for on December 14, 2004 and received the Protection & Services, with a bid price of Seventy Two following formal bids for the Lafayette Ice Rink, Thousand Four Hundred Fifty and 00/100 Dollars Humidity Control System, on January 11, 2005. ($72,450.00), is the lowest responsible bidder in Mollenberg Betz $57,588.00 accordance with the plans and specifications: 300 Scott, Buffalo, NY I recommend that Your Honorable Body authorize the D. V. Brown & Associates $61,900.00 Commissioner of Public Works, Parks & Streets to 567 Vickers, Tonawanda, NY order the work on the basis of the low bids. Funds for John W. Danforth Co. $64,400.00 this project are available in 38320506-445100 2100 Colvin, Tonawanda, NY Buildings. Colgate Heating $88,900.00 Mr, Coppola moved: 142 Colgate, Buffalo, NY That the above communication from the Commissioner I hereby certify that the foregoing is a true and correct of Public Works, Parks and Streets dated January 21, statement of all bids received and that Mollenberg Betz, 2005, be received and filed; and with a total bid price of Fifty Seven Thousand Five Hundred Eighty Eight and 00/100 Dollars ($57,588.00), submissions are available in our office for inspection is the lowest responsible bidder in accordance with the and copies are available upon request. plans and specifications: Mr Coppola Moved I recommend that Your Honorable Body authorize the That the above communication from the Commissioner Commissioner of Public Works, Parks & Streets to of Public Works, Parks and Streets dated February 2, order the work on the basis of the low bids. Funds for 2005, be received and filed; and this project are available in 30333206-445100 That the Commissioner of Public Works, Parks and Buildings. Streets be, and he hereby is authorized to award a Mr. Coppola moved: contract for Repair to City Pavements - 2005, Group That the above communication from the Commissioner #636 to Thomann Asphalt Paving Corp., the lowest of Public Works, Parks and Streets dated January 21, responsible bidder, in an amount of $210,120.63 2005, be received and filed; and ($191,018.75 Base Bid + 10% unit price increase That the Commissioner of Public Works, Parks and $19,101.88 = Total Award $210,120.63). Funds for this Streets, be, and he hereby is authorized to award a project are available in Public Works Accounts # contract for the Lafayette Ice Rink, Humidity Control 13112006-4431 O0 & #30032106-445100. System, Job No. 0440, to Mollenberg Betz, the lowest PASSED responsible bidder, in the amount of $57,588.00. Funds AYES – 9 NOES – 0 for the project are available in 30333206-445100 Buildings. NO. 21 PASSED Report of Bids AYES – 9 NOES –0 Replacement of Site Specific Sidewalks, City-Wide, Group #635 NO. 20 P & J Construction Co., Inc. Report of Bids Item #126, C.C.P. 3/3/98 Repair to City Pavements - 2005, Group #636 This is to advise your Honorable Body that I have Thomann Asphalt Paving Corp. advertised end received bids Item #126, C.C.P. 3/3/98 In obtaining bids for the above project, I have asked for This is to advise your Honorable Body that I have bids on a unit price covering the various items of work advertised and received bids end material which will be performed. The final cost of In obtaining bids for the above project, I have asked for the work will be based on the actual measured bids on a unit price covering the various items of work quantities of materials entering into the work and may and material which will be performed. The final cost of be either more or less then the total bid. Work locations the work will be based on the actual measured for this contract consist of City Clerk notices, priority #1- quantities of materials entering into the work and may hazardous tree root damage and other hazardous be either more or less than the total bid. Work locations locations for which the City is responsible for repairs. for this contract consist of City Clerk notices, Priority #1 The following bids were received: - hazardous roadway repairs, emergency contingencies Base Bid Unit and other various repairs which cannot be performed by Price Increase City maintenance crews. P & J Construction Co., Inc. $374,175.00 The following bids were received: Base Bid $411,592.50 Unit Price Increase 709 Pleasant View, Lancaster, NY 14086 Thomann Asphalt Paving Corp. $191,018.75* Campobello Construction Co., Inc $436,870.00 $210,120.63* $480,557.00. 56 Gunville Rd, Lancaster, NY 14086 3407 Delaware, suite 224, Kenmore, NY 14217 C. Destro Development Co., Inc. $225,550.00 I hereby certify that the lowest responsible bidder for $233,514.38 the above project is P & J Construction Co., Inc. I 3150 Seneca St, W S, NY 14224 respectfully recommend that your Honorable Body Amherst Paving, Inc. $237,237.50 $256,339.38 authorize a contract award in the amount of 330 Meyer Road, Buffalo, NY 14226 $411,592.50 ($374,175.00 Base Bid + 10% unit price Birch Grove landscaping & Nursery, Inc. $263,050.00 increase $37,417.50 = Total Award $411,592.50 ). $282,151.88 Funds for this work are in Public Works Accounts # P.O. Box 117, East Aurora, NY 14052 13112006-443100 & #30032106-445100. The Milherst Construction, Inc. $383,825.00 engineer's estimate for this work is $325,000.00. $402,926.88 The attached is certified to be a true end correct 2601 Millersport Hwy., Getzville, NY 14068 statement of the two (2) lowest bids received. Under *Adjusted Amount provisions of the General Municipal Law, any of the I hereby certify that the lowest responsible bidder for bidders may withdraw his bid if an award of the contract the above project is Thomann Asphalt Paving Corp. I is not made by March 26, 2005. Individual bid respectfully recommend that your Honorable Body submissions are available in our office for inspection authorize a contract award in the amount of end copies are available upon request. $210,120.63 ($191,018.75 Base Bid + 10% unit price Mr Coppola Moved That the above communication from increase $19,101.88 = Total Award $210,120.63 ). the Commissioner of Public Works, Parks and Streets Funds for this work are in Public Works Accounts dated February 2, 2005, be received and filed; and #13112006-443100 & #30032106-445100. The That the Commissioner of Public Works, Parks and engineer's estimate for this work is $200,000.00. Streets be, and he hereby is authorized to award a The attached is certified to be a true and correct contract for Replacement of Site Specific Sidewalks, statement of the two (2) lowest bids received. Under City-Wide, Group #635 to P & J Construction Co., Inc., provisions of the General Municipal Law, any of the the lowest responsible bidder, in an amount bidders may withdraw his bid if an award of the contract of$411,592.50 ($374,175.00 Base Bid + 10% unit price is not made by Mach 26, 2005. Individual bid increase $37,417.50 = Total Award $411,592.50). Funds for this project are available in Public Works 12.110 Maintenance & Protection of Traffic- 1,575.00 Accounts #13112006-443100 & #30032106-445100. 1 $1,575.00 PASSED Lamp Sum AYES – 9 NOES – 0 90.500 Construction Allowance Lump Sam $6,000.00 1 $6,000.00 NO. 22 INCREAS CONTRACT Total $48,805.00 FILLMORE AVE TRAFFIC SIGNALS Contract Summary NYSDOT PIN # 5755.4 Existing Contract Amount $280,502.20 CONTRACT #92010879 Amount of this Change $ 48,805.00 I herewith submit to your Honorable Body the following Revised Contract $329,307.20 increase in contract for additional work related to the Funds for this change order are available in the Water Fillmore Traffic Signals Project, Contract #92010879, Capital Project Account #53180636-445100. with Destro & Borthers Concrete Company. I respectfully certify that this change order is fair and 1.) Supply all labor, equipment and materials necessary equitable for the work involved, and respectfully request to paint mast arm traffic signal poles black in color. Cost that your Honorable Body approve the subject change for this additional work: $16,200 order and authorize the Commissioner of Public Works This work was requested by the Masten District Council to issue said change order to Louis Del Prince & Sons, member, Antoine Thompson, and has been approved inc. by the New York State Department of Transportation Mr. Coppola moved: and is 95% reimbursable to the City. Funds are That the above communication from the Commissioner available in account #31958306-445100. A contract of Public Works, Parks and Streets dated February 2, summary is as follows: 2005, be received and filed; and Original Contract amount: $1,245,807.20 That the Commissioner of Public Works, Parks and Amount this change: $ 16,200.00 Streets be, and he hereby is authorized to issue a Revised Contract Amount: $1,262,007.20 change order to Louis Del Prince & Sons, an increase Mr. Coppola moved: in the amount of $48,805.00, as more fully described in That the above communication from the Commissioner the above communication, for work relating to Repair to of Public Works, Parks and Streets dated February 1, Street Cuts - 2003, Group #615, C #92010854. Funds 2005, be received and filed; and for this project are available in Water Capital Project That the Commissioner of Public Works, Parks and Account #53180636-445100. Streets be, and he hereby is authorized to issue a PASSED change order to Destro & Brothers Concrete Company, AYES – 9 NOES –0 an increase in the amount of $16,200.00, as more fully described in the above communication, for work relating NO. 24 to Fillmore Avenue Traffic Signals NYSDOT PIN Increase in Contract #5755.40, C #92010879. Funds for this project are Sycamore Avenue Traffic Signals available in #31958306-445100. NYSDOT PIN #5755.41 PASSED Contract #92010876 AYES – 9 NOES - 0 I herewith submit to your Honorable Body the following NO. 23 increase in contract for additional work related to the Increase in Contract Sycamore Traffic Signals Project, Contract #92010876, Repair to Street Cuts - 2003, Gr.#615 with Destro & Brothers Concrete Company. Louis Del Prince & Sons, Inc. 1.) Supply all labor, equipment and materials necessary Contract #92010854 to paint mast arm traffic signal poles black in color. Cost Item #126, C.C.P. 3/3/98 for this additional work: $13,800 I hereby submit to Your Honorable Body the following This work was requested by the Masten District Council change in contract for the above named project. This Member, Antoine Thompson, and has been approved change order is necessary to repair additional water by the New York State Department of Transportation cuts throughout the City of Buffalo. and is 95% reimbursable to the City. Funds are Change Order #1 available in account #31958206-445100. A contract Contract Description Unit Unit Price summary is as follows: Quantity Cost Original Contract amount: $1,397,739.58 Item Amount this change: $ 13,800.00 02.510 Concrete Cap Removal Sq.Yd $5.00 Revised Contract Amount: $1,411,539.58 1,000 $5,000.00 Mr. Coppola moved: 03.21A Subbase Course Cu.Yd. $27.15 That the above communication from the Commissioner 100 $2,715.00 of Public Works, Parks and Streets dated February 1, R04.210 Asphalt Concrete Sq.Ft. $4.25 2005, be received and fled; and 3,500 $14,875.00 That the Commissioner of Public Works, Parks and (top & binder) (less than 1/4 ton) Streets be, and he hereby is authorized to issue a R04.215 Asphalt Concrete Sq.Ft. $7.00 change order to Destro & Brothers Concrete Company, 1,500 $10,500.00 an increase in the amount of $13,800.00, as more fully (top & binder) (greater than 1/4 ton) described in the above communication, for work relating 403.13 Asphalt Concrete -type 3 Ton $54.00 to Sycamore Avenue Traffic Signals NYSDOT P1N 50 $2,700.00 #5755.41, C #92010876. Funds for this project are 403.19 Asphalt Concrete - type 7F Ton $66.00 available in #31958206-445100. 80 $5,280.00 Passed 407.0101 Tack Coat Gallon $8.00 AYES – 9 NOES – 0 20 $160.00 NO. 25 ton is competitive in comparison to other local cities, Change name towns and villages. Durant Field to McDonald and Olskey Field I, therefore, request that the Common Council authorize Item No. 129, C.C.P. 01/25/05 the extension of this contract with BFI for an additional The referenced item was sent to this department for five-year period. comment. REFERRED TO THE COMMITTEE ON FINANCE The Department of Public Works, Parks and Streets has no objection to renaming Durant Field as McDonald NO. 28 and Olskey Field. J. Flynn - Parking Problems - Tracy St. REFERRED TO THE COMMITTEE ON LEGISLATION Item No. 47, C.C.P. 01/25/05 NO. 26 The referenced item was referred to this department. 598 Main Street; Mr. James Flynn who wrote the referenced Encroachment communication to Council Member Davis has been in Into Right of Way contact with this department several times. (Ellicott District) Mr. Flynn is seeking the establishment of a residential Mr. Howard Zemsky, Mr. Douglas G. Swift, Mr. Joseph permit parking program for Tracy St. To the best of our A. Petrella and Mr. William J. Jones, principal owners of knowledge, such a permit program is not allowed by the the building located at 598 Main Street, have requested New York State Vehicle and Traffic Law. The New York permission to encroach City right of way at said State Legislature would need to amend the Vehicle & address The encroachment in question is existing as Traffic Law to provide for this. the three-story masonry office building has been REFERRED TO THE COMMITTEE ON LEGISALTION constructed at this address after obtaining the appropriate building permit (# 2721 dated 5/2/02, photo NO. 29 attached). There is an overhang above the entrance at Recycled Materials the corner of Main and Chippewa Streets wherein a Item No. 127, C.C.P. 01/11/05 portion of the second and third floors of the building The referenced item was sent to this department for a encroach over City right of way. The overhang response. measures approximately 22 feet in width, encroaches a • Attached is a listing of recycling tonnage by maximum of 7 feet into right of way, and begins category for 2004. approximately 10 feet above the public sidewalk • The City received payment of $45,224.40 for The Department of Public Works, Parks and Streets recycled material in 2004. has reviewed tiffs request pursuant to Chapter 413, • The following programs have been Section 67 (Encroachment Regulations) of the City implemented to increase recycling in the City of Buffalo: Charter and recommends that Your Honorable Body User Fee Inserts refer this item to the Planning Board for the necessary Publish quarterly inserts with user fee bills explaining site plan review and approval If approved by the the City's recycling program as well as other solid Planning Board and Your Honorable Body the waste issues. Commissioner will issue a "Mere License" for said "Pledge to Recycle" Block Club Incentive Program encroachment provided the following conditions are Coordinate program where Block Clubs that return at met: least 25 "I Pledge to Recycle" cards receive a $25 gift 1. That the properly owner be responsible for card to Home Depot. maintenance of said encroachment for as long as Bill Boards/Bus Placards Advertising Campaign it remains within City In 2004 we placed 7 recycling billboards in the City of right of way. Buffalo and we placed 20 bus placards on NFTA 2. That the property owner supply tile City with a busses. We are planning a similar program for 2005. construction in street bond and/or certificate of "Recycle at your School" Program insurance, m an amount deemed sufficient by the In the Fall of 2004 we began an aggressive recycling Corporation Counsel, which will indemnify and program at Buffalo Public Schools. School recycling save harmless the City of Buffalo against any and clubs could earn up to $200 per year by recycling all loss and damage arising out of the school paper. construction, maintenance, use and removal of Recycling Box Pick-up sites said encroachment. There are 11 sites across Buffalo where residents can REFERRED TO THE COMMITTEE ON LEGISLATION pick up free recycling boxes and brochures. AND THE CITY PLANNING BOARD Buffalo Access Video Complete filming of a half-hour recycling video that will NO. 27 be aired on Buffalo Access TV this Spring. Extension of Recycling Contract - BFI Broadcast TV Promotional Spot The current contract between the City of Buffalo and Filmed and ran a 30 second recycling promotional BFI for the disposal of recyclable materials expires on piece on several local broadcast networks. May 31, 2005. Article 7 of the contract does, however, Advertising/Inserts into Community Newspapers allow for an extension of the agreement for an and Community Newsletters additional five-year term upon mutual agreement. Had recycling flyers and ads placed in three of the BFI has indicated their desire to extend the contract Rocket publications, and had ads or inserts placed in utilizing all existing terms and conditions, except that community newsletters. BFI will pay the City $10.00 per ton for all acceptable Presentations to City residents materials. The current contract is at no cost to the City, Made recycling presentations at block clubs, but we only receive a payment of $5.00/ton for old neighborhood meetings, street festivals, and at City newspapers (onp) when the ONP price exceeds $65.00 schools. per ton. Special Events recycling It is my understanding that the BFI offer of $10.00 per Set up recycling receptacles at outdoor special events to collect water and juice bottles. C2-04-0116 557.89 REFERRED TO THE COMMITTEE ON FINANCE 8155-00121655 C2-04-0132 988.09 8155-00121773 C2-04-0135 10,844.89 NO. 30 8155-00121794 C2-04-0140 722.35 Reduction in Retention - Michigan Ave. Traffic 8155-00121794 C2-014-0121 5 807.86 Signals - Contract #92010845 TOTAL $35,301.17 I hereby request permission from your Honorable Body The Drug Enforcement Administration (DEA) has for a reduction in retention related to Contract administratively forfeited the above referenced property. #92010845, Michigan Ave. Traffic Signal Replacements The checks were received by this Department and duly with Destro & Brothers Concrete Co. Inc. as follows: deposited in the Trust & Agency Account, #20010000- Contract Amount t$1,112,495.23 389001. These funds will be placed into one or more of Work Completed to Date $1,059,408.64 the following accounts as deemed by the Commissioner Current Retention 10% $ 105,940.86 of Police: Permission is requested for a reduction in retention to Educational Training/Seminar, Confidential Funds, 1% or $10,594.09. This project is essentially complete Materials and Supplies, Firearms and Weapons, except for punch list items which will be completed Communications and Computers, Electrical Spring '05. Surveillance, Purchase of Services, Improvements, Mr. Coppola moved: Vehicles, Operating Equipment That the above communication from the Commissioner If you have any questions regarding the above of Public Works, Parks and Streets, be received and mentioned, please contact Chief Richard Ortiz at 851- filed; and 5181. That the Commissioner of Public Works, Parks and REFERRED TO THE COMMITTEE ON FINANCE Streets be, and he hereby is authorized to reduce the retention to 1% or $10,594.09 with Destro & Brothers NO. 33 Concrete Co., Inc., for Michigan Avenue Traffic Signal "Enforcement of Illegal Dumping Ordinances" Replacements, Contract No. 92010845. Item #135, C.C.P. April 13, 2004: PASSED The following information is submitted per the Council's AYES –9 NOES – 0 request for a monthly report from the Buffalo Police Department documenting the number of citations and NO. 31 adjudication's thereof of the city's illegal dumping VARIOUS ENERGY IMPROVEMENTS ordinances: TRAFFIC SIGNALS AND CITY COURT RECEIVED AND FILED Item No. 88, C.C.P. 12/14/04 In the referenced Item, the Common Council authorized NO. 34 the Commissioner of Public Works, Parks and Streets to enter into various agreements for energy conservation improvements. I wish to advise the "Enforcement of Noise Ordinances" Common Council of some changes in the funding of this project. [Item #151, C.C.P. April i3, 2004:] In our original communication we noted that NITTEC The following information is submitted per the Council's would be providing $1.6M at 1.5%. Changes over the request for a monthly report from the Buffalo Police last several months have changed the arrangement, Department documenting the number of noise with NITTEC providing $2.5M at 2.0%. We also ordinance citations and adjudications: indicated that we would be receiving a Municipal Lease RECEIVED AND FILED at 3.812%, however, that interest rate has now been NO. 35 changed to 3.704%. The amount provided through this Permission to Purchase Urban Area Security Grant Municipal Lease is $3,094.993. These rates were Vehicles) negotiated by the Comptroller's office. (CCP#109 7/6/04; CCP#146 917104 I, therefore, request that in addition to the approvals CCP #79 11/16/04; CCI~34 11/3/04) granted in Item #88, C.C.P. December 14, 2004, the The Buffalo Police Department hereby requests, as a Common Council authorize the Commissioner of Public result of Council Resolution #146 (9/7/04: "Motor Works, Parks and Streets, and the Comptroller to enter Vehicle Policy"), approval from your Honorable Body to into all necessary loan arrangements for this project. purchase four (4) marked specialized emergency Mr Coppola Moved response vehicles and one marked (1) watercraft That the Commissioner of Public Works, Parks and response unit/trailer for the Department's CBRNE Unit Streets is authorized to enter into all necessary loan under the 2004 Urban Area Security Grant Initiative. As arrangements for energy improvements, traffic signals you know, your Honorable Body approved the Mayor's and City Court projects as described in Item #88 CCP acceptance of these funds and the budget, per CCP 12/14/04 #79 at the 11/16/04 Council Meeting. PASSED As was indicated, the Department is establishing a new AYES – 9 NOES – 0 multi-tiered CBRNE Response Team Unit as part of their effort to be prepared and in a position to respond FROM THE COMMISSIONER OF POLICE to any chemical, biological, radiological, nuclear and/or explosive (CBRNE) incident for the protection of the NO. 32 citizens of Buffalo. Drug Asset Forfeiture Checks Received Tiffs unit will include members of the Department's Item No. 104, CCP 2/2/88 existing SWAT, Hostage Management, and Underwater 8155-00121732 C2-03-0082 $ 1,177.51 Recovery teams. Due to the specialized skills and 8155-00121732 C2-04-0106 13,934.89 knowledge within each of these units, they become 8155-00121654 C2-04-0089 1,267.69 extremely valuable for handling any of the special utilized by the Buffalo Police Department to prepare a circumstances that might arise during a CBRNE event, final proposal for the camera system. In constructing especially within "hot zone" security perimeters, and the final proposal, efforts are being taken by the with additional ODP approved emergency Department to research best practice models from law preparedness and response training, members of this enforcement and other industries. unit will serve as the Police Department's domestic If your Honorable Body requires further information with incident and disaster responders. The purchase of regard to the efforts of the Buffalo Police Department to these vehicles has been approved by the Department prepare a proposal for a surveillance camera system, of Criminal Justice Services Weapons of Mass please contact Chief Richard Ortiz at 851-5181. Destruction Office, in addition to the federal Department REFERRED TO THE COMMITTEE ON FINANCE of Homeland Security, which is a requirement under this grant. The vehicles are as follows: FROM THE COMMISSIONER OF FIRE (1) 28 Ft/10 beam watercraft response vessel and trailer NO. 37 (1) F550 Chassis with specialized body to transport MMRS GRANT #EMW-2004-GR-0586 forced evacuation specialists equipment to incident THE BUFFALO FIRE DEPARTMENT HAS BEEN site(s). AWARDED AN ADDITIONAL $400,000 FROM THE (1) Freightliner Chassis with specialized body to U.S.DEPARTMENT OF HOMELAND SECURITY FOR transport emergency water THE 2004 METROPOLITAN MEDICAL RESPONSE response/navigational/evacuation equipment to incident SYSTEM PROGRAM (MMRS). site(s), THESE FUNDS WILL BE USED TO CONTINUE TO (1) 2005 Ford Excursion (or comparable vehicle) to INTEGRATE OUR LOCAL PUBLIC HEALTH AND transport CBRNE recovery/rescue specialist team MEDCIAL RESOURCES INTO OUR EMERGENCY members and personal protective equipment (PPE) MANAGEMENT PLAN. THIS WILL FURTHER from staging/equipping areas to inside "hot zone" ENHANCE THE COMMUNITY'S ABILITY TO disaster perimeter RESPOND AND MANAGE THE HEALTH AND (1) F350 Pull Vehicle (or comparable vehicle) to MEDICAL CONSEQUENCES OF A TERRORIST transport watercraft response vessel and operation INCIDENT. rescue equipment to incident site and/or affected water RECEIVED AND FILED ports Because of the very specialized requirements involved NO. 38 with equipping of these vehicles, as well as the very DATE: 1/24/2005 strict guidelines defined by the feds for purchasing PERMISSION TO PURCHASE AND TRADE IN FIRE these marked vehicles, we are working with the City's APPARATUS Purchasing Department for putting all of them out to bid THE BUFFALO FIRE DEPARTMENT HAS RECENTLY so that we are in compliance with both federal SECURED $2,750,000 IN CAPITAL FUNDING AND IS regulations and the purchasing process followed by the REQUESTING PERMISSION FROM YOUR City of Buffalo. The grant has an allotted dollar amount HONORABLE BODY TO PURCHASE NEW of $510,000 for this type of specialized equipment APPARATUS AND TRADE 1N OBSOLETE under the Year 2 (2004) Urban Area Security Initiative APPARATUS AS FOLLOWS: for the Police Department. **PURCHASE: If you require additional information, please contact 1-2 PLATFORM TRUCKS Chief Richard Ortiz at 851-5181 or Captain Mark 1 - AERIAL LADDER Makowski at 851 -5643. Thank you for your immediate 4-5 PUMPERS attention to this matter. ** (NUMBER OF APPARATUS PIECES PURCHASED REFERRED TO THE COMMITTEE ON FINANCE WILL DEPEND ON PRICING RECEIVED) TRADE IN OF NO. 36 ASSET # City of Buffalo, Police Department F-199 1977AMERICANLAFRANCEFIRE TRUCK Request for response F-202 1980MACKFIRE TRUCK Re: "C. Russell-Iron Island Security- F-203 1980MACKFIRE TRUCK Hot Spots Project" F-205 1980MACKFIRE TRUCK Item# 67, C.C.P. 121404 F-245 1983 MACK FIRE TRUCK Pursuant to the request dated December 15, 2004 THE DIVISION OF PURCHASE IS CURRENTLY regarding "C. Russell - Iron Island Security - Hot Spots ASSEMBLING BID PROPOSALS TO BE MAILED TO Project," C.C.P. 121404, the Buffalo Police Department INTERESTED BIDDERS. WE ANTICIPATE BIDS submits the following response: BEING OPENED SOMETIME TOWARD THE END OF The Buffalo Police Department has consulted with two FEBRUARY. DUE TO THE LENGTH OF TIME IT local surveillance camera services providers. One of TAKES TO BUILD FIRE APPARATUS, IT IS those providers was Iron Island Security. In each case, IMPERATIVE THAT WE PROCEED QUICKLY. the needs of the Buffalo Police Department were clearly REFERRED TO THE COMMITTEE ON FINANCE conveyed to the respective company's representatives. As well, the competencies of those providers was NO. 39 evaluated. It should be noted that the two companies SELECTION OF AMBULANCE PROVIDER with whom the Department consulted had diverging SCOPE OF PROCESS opinions with regard to some aspects of a proposed The Honorable Anthony Masiello, Mayor of the City of surveillance camera system. Buffalo, asked the Emergency Services Board (ESB) The Buffalo Police Department is expecting a and the Fire/EMS Task Force to develop an RFQP for consultant's report from each company, from which the Ambulance Services and complete a process of attributes of each proposal is intended to be taken and recruitment, interview and assessment to identify a provider of Ambulance Services to be offered the Buffalo Commission, dated January 19, 2005. Enclosed opportunity to provide emergency medical services to please find a copy of this report. the residents of the City of Buffalo. Please contact me at your earliest convenience The Mayor's Office with the assistance of Eva Hassett, regarding the request for an advisory opinion on this Chief of Staff, Michael Risman, Esq., Corporation issue. I may be reached at 716.851.4313 or via email at Counsel and Kathy Fitzpatrick, Department of lfoote@citv-buffalo.com. Purchasing provided the guidance over a several year Thank you in advance for your time and assistance with period to a Contract Subcommittee of the ESB and then this matter. the Fire/EMS Task Force in the development of the REFERRED TO THE COMMITTEE ON LEGISLATION RFQP, the drafting of the Agreement and the bid process. The Fire/EMS Task Force contacted various NO. 41 providers of Emergency Medical Services, trade REAL ESTATE FLIPPING associations and state officials during the development ITEM #42, C.C.P. JANUARY 28, 2005 phase to identify possible bidders. The bid documents As per the request of your Honorable Body, I am were issued in early November 2004 to the identified providing the following information regarding real estate interested parties. Broader advertising occurred through flipping on the Internet. a trade association and newspaper advertising. A Pre-The sale of real property is regulated by the State of th New York, and the City of Buffalo does not have any Bid Conference was conducted on December 7in the jurisdiction regarding the sale of real estate on the Purchasing Department conference room in City Hall to Internet. The pertinent regulations are covered under allow all interested parties the opportunity to ask state law and federal law if the sale involves an questions and receive answers to questions submitted interstate transaction. In addition, there are state laws earlier in writing. Bids were received and opened on Requiring the disclosure of the condition of a property January 7, 2005 in the Purchasing Department during a sale transaction, and this statute would be conference room in City Hall. Representatives of both enforced by the NYS Attorney General. ambulance providers responding to the bid were I have contacted the NYS Attorney General's Office present. The Review Group received copies of the bid Internet Bureau regarding this matter. That office has documents and completed a Scoring Protocol. The advised that a representative will contact me shortly Review Group met, discussed the bid responses and with additional information on this issue. reached unanimous consensus that further information REFERRED TO THE COMMITTEE ON COMMUNITY was needed. Interviews were planned with each of the DEVELOPMENT two ambulance providers responding to the bid. Questions for each provider were prepared. Each FROM THE COMMISSIONER OF PERMIT & provider received a letter regarding the time and place INSPECTION SERVICES of the interview and a list of the questions they were to respond to at that time. On January 26, 2005 interviews NO. 42 of the prospective providers lasting approximately one FOOD STORE LICENSE hour each were conducted at the WREMS offices. 1070-1074 KENSINGTON (UNIVERSITY) Commissioner D'Orazio and Deputy Commissioner Pursuant to Chapter 194 of the City of Buffalo James officiated at the interviews. Following the Ordinances please be advised that I have examined the interviews the Review Group reached unanimous attached application for a Food Store License located at consensus to recommend that the opportunity to be 1070-1074 Kensington and find that as to form is sole provider of ambulance services/emergency correct. I have caused an investigation into the medical services be offered to Rural Metro. Two premises for which said application for a food store Review Group members not present at the interviews license is being sought and according to the attached were consulted. Both concurred with the reports from the Zoning Office, Fire Department, recommendation. On Thursday, February 3, 2005, the Building Inspections, Police Department and recommendation of the Review Group was taken to the Collections Office 1 find it complies with all regulations Emergency Services Board and with the exception of and other applicable laws. This request is submitted for one abstention, the vote was unanimous. On Friday, your approval or whatever action you deem February 4, 2005, the recommendation &the Review appropriate. Group was taken to the Fire/EMS Task Force (PTO REFERRED TO THE COMMITTEE ON LEGISLATION Subcommittee) and was adopted by unanimous vote. Recommendation NO. 43 It is the recommendation of the Emergency Services USED CAR DEALER Board and the Fire/EMS Task Force that the Common 2300 NIAGARA (NORTH) Council authorize the City of Buffalo to enter into a five Pursuant to Chapter 254 of the City of Buffalo (5) year agreement with Rural Metro Medical Services Ordinances, please be advised that I have examined as the sole provider of ambulance services to the City the attached application for a Used Car Dealer License of Buffalo. located at 2300 Niagara and find that as to form is REFERRED TO THE COMMITTEE ON FINANCE correct I have caused an investigation into the premises for which said application for a used car dealer license NO. 40 is being sought and according to the attached reports ADVISORY OPINION ON MERGING THE CITY OF from the Zoning Office, Fire Department and Building BUFFALO AND ERIE COUNTY Inspections, I find it complies with all regulations and Dear Ms. Laven: other applicable laws. I have caused an investigation by The Buffalo Common Council adopted a resolution on the Police Department into the moral character of January 25, 2005 regarding the above-referenced James E. Hellerer. The attached thereto for James E. matter. In addition, the Common Council also requested Hellerer d/b/a Platinum Motors. This request is an advisory opinion from your office regarding the submitted for your approval or whatever action you contents included in a report prepared by the Greater deem appropriate. Laipple on December 23, 2004. Mr. Coppola moved We appreciate your continued interest and participation That the application for a used car dealer license as Chairman of the Inclusion Committee. submitted by James E. Hellerer for a used car REFERRED TO THE COMMITTEE ON EDUCATION Dealership at the location of 2300 Niagara is hereby approved. FROM THE CITY CLERK PASSED AYES – BONIFACIO, COPPOLA, FRANCZYK, NO. 49 GOLOMBEK, RUSSELL, THOMPSON - 69 NOES – MINUTES OF THE BOARD OF ETHICS DAVIS, FONTANA, GRIFFIN - 3 Attached please find the minutes of the May 25, 2004 FROM THE COMMISSIONER OF ADMINISTRATION Board of Ethic meetings. The Board did not meet during AND FINANCE the months of June - December of 2004. RECEIVED AND FILED NO. 44 2004-2005 SECOND QUARTER GAP SHEETS NO. 50 City of Buffalo, Buffalo Public Schools and Buffalo LIQUOR LICENSE APPLICATIONS Urban Renewal Agency (BURA) Attached hereto are communications from persons February 1, 2005 applying for liquor licenses from the Erie County Item available for review in the City Clerk’s Office Alcohol Beverage Control Board. REFERRED TO THE COMMITTEE ON BUDGET Address Business Name Owner's Name 765 Elmwood En Brodo Michael FROM THE COMMISSIONER OF COMMUNITY Sliwinski SERVICES 1412 Kensington Robert Surder Robert Surder RECEIVED AND FILED NO. 45 NO. 51 SECOND QUARTERLY REPORT 2004-2005 ON THE LEAVES OF ABSENCE WITHOUT PAY DIVISION OF SUBSTANCE ABUSE SERVICES I transmit herewith notifications received by me, Attached, please find the Second Quarterly Report reporting the granting of the leaves of absence without 2004-2005 on the Division of Substance Abuse pay, in the various departments as listed: Services. Police Marlin Hall, Available for review in the City Clerk’s Office Fire Charles Mayer REFERRED TO THE COMMITTEE ON BUDGET RECEIVED AND FILED. FROM THE COMMISSIONER OF HUMAN NO. 52 RESOURCES NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, NO. 46 reporting seasonal and flat salary appointments made CERTIFICATE OF APPOINTMENT in various departments. Appointment effective February 1, 2005 in The RECEIVED AND FILED. Department of Human Resources Division of Civil Service Administration CERTIFICATE OF APPOINTMENT Personnel Assistant (Civil Service) Temporary Appointment Effective: 1/24/05 in the Department of Appointment at the third step of $29,384 Division Public Works Division of Streets to the MaryBeth Tempestoso, 145 Dorchester Road, Buffalo, Position of Laborer II, Seasonal Appointment at the flat NY 14213 starting salary of $8.15/hr REFERRED TO THE COMMITTEE ON CIVIL Kevin E. Vance Jr., 1290 Delaware Ave., Apt. 8G, SERVICE Buffalo, NY 14209 FROM THE BOARD OF EDUCATION NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 47 NON-OFFICIAL COMMUNICATIONS OFFICE OF THE SUPERINTENDENT ITEM #124, C.C.P JANUARY 25, 2005 NO. 53 The School Board will begin an update of the Strategic INFO TAXI RATES Plan through the schools reconstruction project. COLD SPRING DISPATCH SERVICE School #44, along with all the school facilities, will be Please file the attached correspondence for the evaluated to determine the future plans and their part of upcoming Council Session to be held on Tuesday, the overall District Strategic Plan. February 8, 2005 for further discussion. We look forward to working with Mr. Franczyk and the Thank you in advance for you assistance in this matter. Council as we update the plan and identify buildings for REFERRED TO THE COMMITTEE ON LEGISLATION the next phase of the Reconstruction Plan. REFERRED TO THE COMMITTEE ON EDUCATION NO. 54 DAYS PARK BLOCK CLUB AND THE SALE OF LOT NO. 48 Please file the attached correspondence A. THOMPSON-RECOMMENDATION FOR MINORITY for the upcoming Council Session to be held on INCLUSION ON PHASE II OF BFLO. SCHOOLS" Tuesday, January 25, 2005 for further discussion. ITEM #56, C.C.P JANUARY 25, 2005 Thank you in advance for you assistance in this matter. The JSCB, through the Inclusion Committee, has Dear Councilmember Davis: addressed the recommendations in your letter to M. This is a letter of support for A.Wesley Brown's purchase of the city owned parking lot at Wadsworth and energy locating them, we will be unable to do the and Allen Streets. job this Council and the Mayor has assigned to us Mr. Brown's ownership and stewardship of the Days under the law. If we cannot fix this problem many Park Commons, 68-74 Days Park has had a profound, Western New Yorkers who are entitled to a living wage positive impact on Days Park and our quality of life. He may well never receive one. purchased the buildings in 1999 and tuned a run-down, As best as we can tell, it appears that both the crime infested slum, which attracted everything from Corporation Counsel's Office and the Comptroller's loiterers to drug dealers and murderers, into a well-office are critical offices who process these contracts. managed complex with responsible tenants. I have We are eager to work with those offices as they enclosed a article describing his efforts. Buffalo News respond to this Resolution. The Commission's Request. Currently, the maintenance of the lot is very poor. To achieve the goals of Landscaping planted by both the city and the block club the Golembek Resolution we respectfully ask this has been destroyed. On the city-wide annual clean up Council to convene a meeting that will include: days, neighbors have removed engines, seats from representatives of this body; representatives of the cars, pieces offence and the usual trash including Commission on a Living Wage; Michael Risman, the garbage and broken glass. Besides illegal dumping, Corporation Counsel; and the Hon. Andrew SanFilippo, because there is no oversight, the lot often is the the City Comptroller. The purpose of that meeting location of major car repair projects and drug dealing. would be to work out a system for the Commission to Finally, neighborhood children play there. The parking have regular, systematic access to all city contracts in lot is, in essence, an attractive nuisance with great one location. If we can accomplish that, all of us potential for someone to get hurt. working together will help make a Living Wage a reality The Days Park Block Club has a long and successful for our citizens. history of making our neighborhood a better place to Please find enclosed a copy of a memorandum from live. We believe that purchase of this parking lot by Mr. Lenora Foote, Assistant Corporation Counsel, which Brown can only add to our continuing restoration includes a letter of response from Philip Perna, efforts. We completely support his purchase without President, of Supermarket Management, Inc. I have reservation. Both Days Park, Allen Street and also enclosed a copy of Ms. Foote'sJanuary 5, 2005, Wadsworth will benefit from his ownership. letter to which Mr. Perna refers to. If you have any questions, please do not hesitate to Mr. Perna states in his response that he has no contact me. intention "to ask Police Officers to evict, arrest, or REFERRED TO THE COMMITTEE ON FINANCE AND otherwise interfere with" Unlicensed Taxi Drivers. I am THE DIRECTOR OF REAL ESTATE asking that the Buffalo Police Department actively enforce City of Buffalo Ordinance 437-4, on this NO. 55 property and any other property in the City of Buffalo TREE ROOT CLAIMS found in violation of this ordinance. Item available for review in the City Clerk’s Office. RECEIVED AND FILED REFERRED TO THE COMMITTEE ON FINANCE NO. 57 No. 56 UNLICENSED TAXI DRIVERS INFO LIVING WAGE Comptroller Hevesi asked me to respond to your WRITTEN STATEMENT SUBMITTED TO THE December 28th letter in which you requested an audit BUFFALO COMMON COUNCIL IN SUPPORT OF of the City of Buffalo and its various agencies, including THE GOLEMBEK RESOLUTION February 1, 2005 the Board of Education. We are here today to support the Golembek Resolution As you may be aware, we are monitoring the work of and to thank all the members of the Common Council the Buffalo Fiscal Stability Authority and City of Buffalo for their continued willingness to work to make a living officials in their effort to reduce costs and restore the wage a reality for hard-working Western New Yorkers. City to financial health. We are currently auditing the This Resolution is important because it addresses a Erie County Water Authority. We are also conducting concern that the Commission has had since the an audit of the Buffalo City School District's State aid inception of its work. claims for the free- and reduced-lunch program. The Living Wage Commission consists of a group of Additionally, we recently completed an audit of the Erie volunteer citizens whose job it is to oversee and County Medical Center Corporation. Moreover, we are monitor the enforcement of Buffalo's Living Wage Law. preparing to audit the Joint School Construction Board, We are assisted in that regard by the help and in-kind as Comptroller Hevesi promised in a study that we contributions we receive from the Cornell University released last spring. In the meantime, we are School of Industrial Labor Relations, the Coalition for continuing our environmental scan to identify Economic Justice, the UB Law School and two pro appropriate agencies and issues for our audit services bono legal counsel. in Buffalo and Erie County. Despite the dedicated work of our volunteer Our audit planning is an ongoing process, and we will Commissioners and help from the above organizations, continue to give appropriate consideration to issues in we have been frustrated by our inability to efficiently the City of Buffalo and Erie County. Thank you for obtain copies of of the contracts the city enters into all bringing your concerns to our attention. with service providers. It is critical for us to get those REFERRED TO THE COMMITTEE ON LEGISLATION contracts on a regular basis as routinely as possible. We need efficient access to those contracts on a NO. 58 predictable basis so that we may review them to REQUEST AUDIT COB/VARIOUS AGENCIES determine whether the service providers who are a Comprtroller Hevesi asked to respond to your th party to those contracts are, in fact, covered by the December 28letter in which you requested an audit of Ordinance. Unless we can systematically get copies of the City of Buffalo and its various agencies, including those contracts without the need to expend a lot of time the Board of Education. As you may be aware, we are monitoring the work of and service reductions throughout the System, and the Buffalo Fiscal Stability Authority and City of Buffalo contracting libraries are bearing their share of the officials in their effort to reduce costs and restore THE burden. City to financial health. We currently auditing the Erie Merriweather Library Project Shows Progress: County Water Authority. We are also conducting an Construction continues at the Jefferson/Utica site. audit of the Buffalo City School District’s State aid Relatively mild December weather helped keep the claims for the free- and reduced-lunch program. project on schedule for a late summer/early fall 2005 Additionally, we recently completed an audit of the Erie completion. Carol Batt and Glenn Luba, both of the County Medical Center Corporation. Moreover, we are Office of System Public Services, prepared the New preparing to audit the Joint School Construction Board, York State Construction Grant Application (approved by as Comptroller Hevesi promised in a study that we the Board in December) requesting a financial award to released last spring. In the meantime, we are help supplement shelving costs for the new facility. continuing our environmental scan to identify Various staff continue to participate in regular project appropriate agencies and issues for our audit services meetings with the architect, contractors and officials in Buffalo and Erie County. from the City of Buffalo's Department of Public Works. Our audit planning is an ongoing process, and we will On January 104, the Director met with Erie County continue to give appropriate consideration to issues in Legislator Demone Smith to discuss various aspects of the City of Buffalo and Erie County. Thank you for the project. bringing your concerns to our attention. B&ECPL Requests Early Issuance of 2005 County RECEIVED AND FILED Capital Budget Funds for Library Materials and for Merriweather Library Project: The 2005 County NO. 59 Budget includes $5 million for library materials and PROPOSED AMENDMENTS $600,000 to purchase library materials, equipment and ERIE CO SANITARY CODE furnishings for the new Frank E. Merriweather, Jr. Attached hereto please find copies of Library as "bonded projects." This means the funds are not available to the Library until the County Legislature proposed amendments to the Erie approves the issuance of bonds. Given that issues County Sanitary Code. These proposed surrounding the 2005 Budget implementation are still being addressed, the proposed date for bonding amendments are hereby being filed authorization has not yet been determined. In a typical pursuant to the Erie County year, this might occur later in the spring. Unfortunately, Administrative Code, Section 5.05(b). the normal bond authorization schedule would not provide access to these funds in time to avoid a major A Public Hearing (notice of enclosed) relative to the disruption in the flow and availability of new library proposed amendments will be held on February 24, books/materials and possible delays in opening the 2005 at 3:00 P.M. in Room 904 of the Rath County Merriweather Library. Recognizing the negative impacts Office Building, 95 Franklin Street, Buffalo, New York. of a lengthy delay, a written request has been RECEIVED AND FILED transmitted to the County Director of Budget, Management NO. 60 & Finance requesting early bonding authorization. DIRECTOR OF HOMELAND SECURITY Copies of this request were provided to the County ESTABLISHED RESIDENCY Comptroller and the Chairman of the Legislature's Please be advised that to be compliant with the City of Finance and Management Committee as well as each Buffalo employment process, I have established member of the B&ECPL's Board of Trustees. The residency in the City of Buffalo at 82 Elmhurst Place, Director and CFO Stone will pursue this matter further Buffalo, New York 14216. My home phone number is and report new developments as they occur. 716-873-0150. My cell phone number is 716-913-2768. Extension Services Staff Present Martin Luther Please adjust your records accordingly. th, Please advise me if you need any further information. King, Jr. Tribute: On the evening of January 13the REFERRED TO THE COMMITTEE ON CIVIL Department of Extension Services presented the 274 SERVICE annual program celebrating the life, works and legacy of Dr. Martin Luther King, Jr. in the Central Library's NO. 61 Mason O. Damon Auditorium. The Director introduced Director's Report emcee Claudine Ewing of WGRZ-TV, who welcomed Buffalo and Erie County Public Library January 14, many community participants, including the 2005 Westminster Community School Chorus, Metropolitan 2005 Budget Keeps B&ECPL in Business - but Not Praise Dancers and others. North Jefferson Branch at 2004 Levels: December 2004 began with Library Manager Sandra Williams Bush chaired the preparations for a potential System shutdown under the 2005 event. County Executive's proposed "Red Budget" and ended County 2005 Budget Data Entry Delayed: Availability with personnel downgrades, reassignments and, sadly, of 2005 budget accounts in the SAP financial system some layoffs under the adopted "Green Budget," which has been delayed. County budget staff delayed sustains library services but at reduced levels. On entering the information while the major legal st, challenges to the 2005 budget adoption process were December Iadministrative staff met with Contract considered. They have prepared the necessary Library Directors and again with their Trustees on computer file, but have postponed implementing the Saturday, December 114. B&ECPL Chair Rebecca change pending resolution of the last lawsuit concern- Pordum attended the latter meeting and addressed Lug the budget. If resolved soon, the result would be attendees, expressing her gratitude for their invaluable only minor delays in payments for goods and services advocacy efforts. The need to absorb a $4.2 million received in January. The Business Office is able to pay shortfall in the 2005 operating budget forces personnel invoices for goods and services received in December 2004 or earlier as they are charged to the 2004 budget. received in 2003. If the delay persists more than an additional week or 2005-2006 e-Rate Application Process Initiated: two, the Library will begin to experience problems with CFO Ken Stone and CIO Shirley Whelan have begun vendors. Further, those contracting libraries that do not work on the latest round of applications for participate in the Centralized Human Resources telecommunication discounts under the Federal e-Rate Program need their first quarter payments in order to Program. Final Form 471 e-Rate applications for 2005- meet bi-monthly payrolls. Fortunately, changes in New 2006 must be submitted by February 174. To that end, York State Retirement System billing deadlines have several Form 470s, which must be posted for 28 days delayed the 2004 billing to contract libraries, so the prior to the submission of the Form 471, have been cash set aside for that payment is available to serve submitted online. The most important of these is for T1 their cash flow needs until quarterly checks are issued. data lines to each of the 51 branch and contract Each library has been contacted and all responses to libraries. In addition, bids are being sought for date indicate they have sufficient cash on hand to cover replacement of Cisco switch equipment in the wiring their first bimonthly payroll in January. CFO Ken Stone closets at the Central Library and the planned e-mail will keep the Board advised as the situation develops. system. One additional application might be submitted Even in Trying Times, B&ECPL Presents Engaging to offset costs of the telephone system for the new Children's Programs: On December 114, Central Frank E. Merriweather, Jr. Library. Library staff hosted a viewing of the film How a Book Self-Charge Machines Under Evaluation: On January which explains the new technology ~, Becomes a Movie, 5Flash Scan installed a demonstration self-charge used in the motion picture The based on Polar Express, unit - the third that has been installed on a trial basis -- the Caldecott Award-winning book by Chris Van in the Central Library's Popular Materials Department. Allsburg. Along with movie clips, the film includes This machine will be evaluated, along with the i-Circ interviews with actor Tom Hanks as well as the author. and Vernon equipment, at the end of a two-week Afterward, children designed their own Polar Express period. book cover and took home a replica bell from the book. B&ECPL Joins Partners in Education: On December On December 294, nearly 50 children participated in th, 11Children's Department Manager Beverly "Winter Fun at the Library." Attendees made a Federspiel attended a meeting of the Erie County snowman thermometer, played winter bingo and were Association of School Boards to review the preliminary "tattooed" with a snowman. On findings of a project on collaboration and shared December 28% the North Park Branch hosted the K-9 services. An ambitious plan, whose goal is to have all Unit from the Sheriff's Department. Officers presented a children in Erie County succeed in school, was program, and "Nina" the Labrador drug dog unveiled. Various groups that have a stake in the future demonstrated her canine detection skills for the 31 of children were asked to provide input. Librarians people who attended the event. Sandra Blackman and Alicia DiFranco of the Children's Staff Continues Transition to New Sirsi Automation Department assisted Pat Jensen of the Buffalo Alliance System: Acquisitions staff began using Sirsi's EDI for Education in information gathering for the 2004 Software to process purchase orders for B&ECPL's two "Kids' Choice" Award selections. The B&ECPL co- largest vendors. Support Services Administrator Ann sponsors this award with the Alliance for Education. Kling reports that telephone "help" calls to Support Librarian Shares Expertise: "How to Research Your Services have decreased dramatically as staff in the House in 45 Minutes or Less" was the topic of a contract libraries and Buffalo branches become more noontime talk delivered by Librarian Cynthia Van Ness familiar and more comfortable with the circulation side at the Buffalo Architecture Center. Ms. Van Ness is a of the Sirsi software. CIO Shirley Whelan and Network reference librarian in the Humanities and Social Support personnel reported to work on New Year's Day Sciences Department, a published author and an active to finalize the design of the Year-End Circulation and citizen in efforts to preserve Buffalo's historical and Collection reports required for the annual State Reports architectural heritage. Approximately 20 people submitted to the New York State Division of Library attended the lecture sponsored by the Landmark Development. In addition to processing year-end Society. reports, the Sirsi Unicorn Migration team continues to Erie County Home Recognizes Library Contributor: work on problem resolution. Sirsi Implementation st, On December 21officials held a reception for Project Manager Jane Ervin is addressing lingering volunteers and staff at the Erie County Home and data problems and will work with B&ECPL staff to re- Infirmary. Senior Library Clerk Mary Ann Trainer of the install Sirsi Voice Automation (SVA) software. Many problems have been solved but, unfortunately, new Department of Extension Services received the Employee of the Quarter award for her "extraordinary ones have been identified. SIP2 connectivity has work and dedication to the residents of the Erie County stabilized, and self-charge machines are now working well. The most serious of the Collection Agency issues Home." She earned a citation, lunch and her own parking spot for the quarter. havebeen corrected. Officials at the highest levels of Secure Remote Access through VPN Now Available: the Sirsi organization are monitoring B&ECPL's needs and have assured the Library of their commitment to a Portions of this monthly report were delivered using a laptop computer configured with the Cisco Virtual successful transition and follow-up support. Private Network (VPN) client and a Verizon wireless Fine Revenue Results for 2004: System-wide receipts for December totaled $90,356.32, a decrease of network connection. Easy access to B&ECPL's Eudora e-mail, using the VPN, made it possible to transmit the $13,160.43, or 12.71% less than the $103,516.75 report wirelessly from a remote location to the Director's collected in December 2003. This decrease can be attributed to late-year budget turmoil that resulted in the office. While the VPN and wireless connection were originally developed to provide remote access for temporary suspension of the request system and B&ECPL's mobile libraries, authorized staff can now related circulation functions. Total 2004 collections, including adjustments, total $1,295,074.55, an increase use it for off-site network Meeting and Special Appearances: The Library of $29,826.63, or 2.36% above the $1,265,247.92 continues to attract media attention subsequent to the Article 81-12 - This is a private business transaction adoption of the 2005 Erie County budget, with multiple between a consignor and the auction house. However, columns and articles in The and local Buffalo News records should be available upon request. One community weeklies, a ten-minute segment on Adelphia consignor may be humiliated or publically degraded if Channel 13's program and recurring Crossroads these records are made public. coverage on many local TV and radio newscasts. On * Revision: No public/private auction house should th, allow a consignor to bid on his/her own items at the January 11the Director joined County Commis- auction. Any auction house that allows this should be sioners and Department Heads to bid farewell to fined. Deputy County Executive In closing, the auction houses of the past are the Estate Carl J. Calabrese as he leaves County government. Sale companies of today. Moving/Estate Sales Should: Shortly thereafter, the Director met with County 1. Be required to have a permit to have a sale at any Executive Joel Giambra and Deputy County Executive location in the City of Buffalo, listing specific dates and Bruce Fisher to discuss the status of the South Buffalo merchandise. Library Construction project and other library-related 2. Be required to have a bond. matters. 3. Be licensed. A Few Last Words on 2004 4. Be fully insured. Even in the darkest days of the "Red Budget" threat, These items are required for our business and make us B&ECPL staff continued to perform with integrity, spirit accountable to any Western New York residents. The and uncompromising professionalism. Meanwhile, the estate/moving sales are running rampant through the public rallied to the Library's aid in such unprecedented city with no accountability. numbers that no one could question their commitment REFERRED TO THE COMMITTEE ON LEGISLATION or doubt their cause. These were inspiring aspects of an otherwise horrific experience. NO 63 As the year drew to a close and Library staff shifted Lafarge Batch Plant at 242 Hopkins Street, Buffalo, their attention from budget woes to the ledger of their New York accomplishments over the preceding twelve months, I am writing to confirm that Lafarge has satisfied its final they noted with pride that 2004 was the most condition related to the Restricted Use Permit and Site successful, most productive year in B&ECPL history. Plan Approval permitting the establishment of a With roots that can be traced back to 1836, never has portable concrete batch plant at 242 Hopkins Street. there been such a year! For the first time, annual The approval was conditional upon moving a bus stop circulation of library materials surpassed 9 million located on the corner of Lockwood Avenue and transactions, with a grand total of 9,175,635 - a 3.4% Hopkins Street. On January 19, 2005, I discussed this increase over 2003 -the year that set the previous matter with the Assistant Supervisor of Transportation record. Circulation was not the only record-breaking Services for the Buffalo City School District, Mr. John P. performance measure. Other indicators -including Fahey. Mr. Fahey proposed to divert students from computer use with a 20.2% increase - illustrate the Lockwood and Hopkins to either Amber Street and value and vitality of the Buffalo and Erie County Public Hopkins or Altura Street and Hopkins. Both of these Library. locations will be well outside any traffic patterns There are challenges ahead, but in 2004, the B&ECPL associated with vehicles entering or existing the plant. and the library users of Buffalo and Erie County proved I trust the foregoing satisfies the Council's and Planning that libraries not only contribute to the quality of life in Board's concerns over this issue and the condition our community, they confirm it. placed upon the approvals granted to Lafarge. If you RECEIVED AND FILED should have any questions regarding this matter, please do not hesitate to contact my office. NO. 62 REFERRED TO THE COMMITTEE ON LEGISLATION Ordinance Amend Chapter 81 - Auctions/Auctioneers NO. 64 We appreciate being an active participant in the INFO FUNDING CUT revision of Chapter 81. In order to revise this chapter, As the Executive Director of the Legal Aid Bureau of we must first look at why it was originally written: to Buffalo, Inc. I am writing to you concerning the $23,000 protect the people of Western New York form illegally funding cut contained in the recommended CDBG grant run auctions. It is now 2005 and it is time for change to the Legal Aid Bureau for the 2005-2006 grant cycle. and revision. Since 1981, the City of Buffalo has provided funding to Article 81-1 - We have no reserves at our auctions. We Legal Aid to enable this organization to provide low- have a form for absentee or left bids which can be filled income City residents with legal representation in out at the time of preview if the buyer is various housing related matters. For the year 2004- unable/unwilling to physically attend the auction. These 2005, the City of Buffalo provided Legal Aid with CDBG forms are also signed by the buyer. funding as part of its HUD mandated fair housing Article 81-6 - We have all records of consignment, strategy in the amount of $68,530. For the upcoming signed by the consignor at the time we take possession funding cycle, a city-appointed review panel made of the items. We believe as an auction house that it is specific recommendations with regard to the fair required to keep these records for a minimum of one housing dollars that HUD requires the city direct toward year. If these records are not available upon demand, a fair housing activities. The panel recommended a fine should be issued. $60,000 allocation to the Legal Aid Bureau; however, at Article 81-7 - We have a list of all items to be sold at a meeting between the Common Council and the every auction. This list is available two days prior to any Mayor's office held earlier this week, Legal Aid's grant auction. was reduced to $ 45,000. Article 81-11 - This section should be stricter based on The Legal Aid Bureau cannot absorb a $23,470 cut in the fact that many small businesses are lucky to stay CDBG funding and continue to provide critical legal open for six months. services to low-income city residents at the level we City Tax Auction have for past 24 years. The purpose of this letter is to Please file the enclosed item with the Common Council illustrate to City government why it is in the vital interest for review and deliberation at the upcoming meeting of both low-income City residents and the City of scheduled on February 8, 2005 at 2pm. Buffalo itself that these services continue to be funded Should you have nay questions, please feel free to at last years level or minimally at the $60,000 level contact me. recommended by the review panel. COPY AVAILABLE IN THE CITY CLERKS OFFICE These City of Buffalo funds, combined with limited FOR REVIEW REFERRED TO THE COMMITTEE ON United Way funds, are used by the Legal Aid Bureau to FINANCE employ one full-time staff attorney (currently Paul Curtin, Esq.) and one full-time paralegal who provide No. 66 legal services to low-income clients threatened with the Buffalo Public Schools Information (Health of Our loss of one of the essentials of life - adequate shelter. In Children) 2004, this committed staff provided legal representation Please file the enclosed item with the Common Council to a total of 473 individuals with serious housing-related for review and deliberation at the next meeting problems. Many of these clients were low-income City scheduled on Tuesday, February 8, 2005 at 2pm. homeowners charged with housing code violations in Should you have any questions, please feel free to Buffalo Housing Court. These clients are facing the contact my office at (716) 851-5145. potential loss of their home due to their financial COPY AVAILABLE IN THE CITY CLERKS OFFICE inability to maintain the residences. The Legal Aid FOR REVIEW Bureau helps these individuals by assisting them in REFERRED TO THE COMMITTEE ON EDUCATION obtaining low interest loans to make necessary repairs to their property and by negotiating NO. 67 workable time frames within which they will be able to Seneca Vocational High School Information meet City Housing Code Ordinances. The clients are Please file the enclosed item with the Common Council able to remain in their homes, better their living for review and deliberation at the next meeting conditions, and the resulting improved properties scheduled on Tuesday, February 8, 2005 at 2pm. remain on the City tax roils. Without the assistance of Should you have any questions, please feel free to the Legal Aid Bureau, these clients would have had contact my office at (716) 851-5145. nowhere else to turn. While investigating, I spoke with other teachers, Additionally, Legal Aid represents low-income City students, Mrs. Hardgrave, Council Member Antoine residents facing loss of their homes due Thompson, and a student advocate. We all agree that to foreclosure proceedings for nonpayment of taxes. the problem needs to be looked into. Typically, these clients are long-time homeowners living Some questions and suggestions were made. in blighted City neighborhoods who have been unable • How are the students going to get the hands on to pay property taxes due to diminished financial experience if they can't use the equipment with a sub- resources. In almost all of these cases, the Legal Aid teacher? Bureau was able to prevent foreclosure by working out • Why has the shop teacher missed 30 plus days so manageable payment plans for tax arrearages. Without far? How is this representation, these individuals would have lost their beneficial to the students? homes, and most of these properties would have • The Assistance Principal should be placed on sick remained vacant, off the tax rolls, and ultimately leave if he can't perform his duties. additional burdens to the City in the form of demolition • Why can't a sub be found for the Assistance Principal costs. With legal assistance from the Legal Aid so that the certified shop teacher can go back to Bureau's staff attorney, these were given the the classroom? opportunity to remain in their homes, tax payment plans •Mr. Barton should do his callbacks to concerned were established (in 2004, these tax payment plans parents. totaled $79,323), and City neighborhoods were Mrs. Collier, I heard about the inner-office memo from maintained. The Legal Aid Bureau staff also assists Mr. Barton stating that I was harassing him. That is not tenants facing eviction (frequently for discriminatory or true. I've never called him but once on any and all other unlawful reasons), and is most often able to matters. It is not harassment for a Director of a maintain our clients' basic right to safe and adequate community organization to call and ask questions on a housing. formal complaint from students and their concerned In summary, the Legal Aid Bureau's housing staff parents. This is the function of the organization; this is enables the "City of Good Neighbors" to keep what we do when the powers that be make poor neighbors in our City's neighborhoods. Our services not judgement calls. The students felt the need to be only maintain the quality of life of our individual clients assertive. So, I was ask to address the problem. but also help maintain the quality of life for the City as a New York State is responsible for giving our children a whole. I urge you to maintain the City's HUD required sound quality education, and we as care providers of fair housing commitment by restoring the Legal Aid our children are demanded that you do so. Bureau's Community Development Block Grant funding Looking forward to heating from you in a positive way. to last year's level or minimally to the $60,000 REFERRED TO THE COMMITTEE ON EDUCATION recommended by the review committee established by the City's fair housing office. NO. 68 If you require any further information or have any Testimony on Minority Business Issues questions, please contact me at extension 450, or Paul Please file the enclosed item with the Common Council Curtin, Staff Attorney, ext 485. for review and deliberation at the next meeting REFERRED TO THE COMMITTEE ON COMMUNITY scheduled on Tuesday, February 8, 2005 at 2pm. DEVELOPMENT Should you have any questions, please feel free to NO. 65 contact my office at (716) 851-5145. For more than 15 years, the United States Chamber of administered to black owned and other Commerce, Black Enterprise, and Ebony magazines minority owned businesses in our district. are among those that have constantly and continuously In closing, I thank you for this wonderful opportunity to rated Buffalo and the Western New York region among share some of my views concerning ways to assist the worst places for African-Americans, minorities, and minority and women-owned business in the City of women to run a business. Buffalo. Should you have any questions, please do not Enclosed are some initiatives that the New York State hesitate to contact my office 716-851-5415 Assembly can undertake to assist African-American REFERRED TO THE SPECIAL COMMITTEE ON businesses in the City of Buffalo and the Western New MINORITY BUSINESS ENTERPRISE COMMITEEE York region. Additional Access to City and State Purchasing and PETITIONS Construction Contracts-Because very few small minority and women-owned companies in the Masten NO. 69 District, and similarly situated districts, have gained A. Cleary, Agent, Use 125 Cherry St 2v Non access to Buffalo and New York State purchasing and Accessory Signs ( Hrg Req) (02/15/2005) construction contracts, the City of Buffalo and New York REFERRED TO THE COMMITTEE ON LEGISLATION, State must work jointly to reverse this trend. THE CITY PLANNING BOARDAND THE Additionally, not only are most of the contracts awarded CORPORATION COUNSEL to majority companies, very few qualified minorities are able to access and therefore take advantage of the job NO. 70 opportunities that these contracts create. In the past, Lamar Advertising-Rezone 393 Kensington Ave-From the following recommendations have been provided to R2 to C2 ( Hrg Req) (02/15/2005) alleviate this situation: increasing participation goals, REFERRED TO THE COMMITTEE ON LEGISLATION, creating an accelerated payment program for THE CITY PLANNING BOARDAND THE contractors working on major projects, and rating each CORPORATION COUNSEL department and authorizing agency based on their performance statewide and by region. Regular Committees "Making Things Happen, Getting Things Done" Provide Funding Disparity Studies for NYS and CLAIMS Municipal Governments -The City of Buffalo, the (James D. Griffin, Chairman) largest city in upstate New York has struggled to improve access to minority and women entrepreneurs NO. 71 on various public projects. Disparity studies examine Personal Injury current and past inequities in purchasing, professional, That, upon the recommendation of the Corporation and construction opportunities with New York State and Counsel, the following actions for personal injury arising targeted local governments. We remain confident that a out of alleged negligence on the part of the City of disparity study would identify problem areas within the Buffalo, be compromised and settled: City of Buffalo and NYS procurement process and likely A. 1. Joseph and Helen DiVencenzo vs. City of Buffalo, offer steps of remedial action. et al $ 2,000.00 Increasing MBE/WBE Goals on Projects in the City A. 2. Quiniece Dow vs. City of Buffalo of Buffalo-in the past, city and state agencies, $ 7,000.00 including the New York State DOT, The University at A. 3. Mark J. Lemke, Matthew J. Mangus, David Buffalo, Roswell Park, Buffalo State College, the City of Pawlak, Jason Smith and Sue Tirado vs. City of Buffalo Buffalo, the Niagara Frontier Transportation Authority $ 7,500.00 for each plaintiff (NFTA) and other organizations have initiated projects Grand within the City of Buffalo utilizing state finds. Many of Total: $37,500.00 them use the County of Erie or regional participation A. 4. Eleanor Navoyski vs. City of Buffalo goal as a required by the state despite the project $ 6,500.00 taking in Buffalo where there is higher minority A. 5. Jake Paige vs. City of Buffalo population. I accordingly propose that the MBE/WBE $ 35,000.00 participation goals be substantially increased as it A. 6. Estate of Daren Alexis vs. City of Buffalo, et al would make it more likely that qualified minority and $245,000.00 women-owned companies can participate on more of That checks be drawn on the account of Org 17221008 these contracts. (480205) Judgment and Claims Prior Years, or Standardized MBE/WBE Goals for all State (480204) Current Fiscal Year, payable to the respective Departments Agencies and Authorities-All state claimants or plaintiffs and their attorneys, if any, herein agencies, authorities, and departments should adhere above named, in the amounts set opposite their names to the same MBE/WBE requirements for a particular and delivered to them upon execution and delivery to region and/or city. Diversity should be maximized in our the Corporation Counsel of proper releases and closing cities and urban areas of New York State. papers. Increasing Lending & Grant Fund Allocations to PASSED Black Businesses in Buffalo's Masten District-AYES – 9 NOES – 0 Empire State Development, the NYS Business Development Corp, and other state related entities have not done an adequate job of providing loans and NO. 72 grants to African-Americans owned businesses in our PROPERTY DAMAGE district over the last 15 years. In other parts of the That, upon the recommendation of the Corporation State, such as New York City and otherwise the Counsel, the following actions for personal injury arising situation is dramatically different. Your involvement is out of alleged negligence on the part of the City of necessary to increase the number of grants and loans Buffalo, be compromised and settled: B. 1. Ernestine A. Ballard, 342 Dewey This is a claim for reimbursement of damages to a 1992 Avenue, 14214 Dodge Caravan sustained This is a claim for damages to a 2003 Toyota Camry on October 15, 2004, in front of 1016 Lafayette Avenue. sustained on October 21, A large city-owned tree 2004 on Dewey Avenue. $559.36 fell on the vehicle causing the damage. $1,258.61 B. 2. Crystal Drzyzga, 51 Gallatin B. 8. Dawn M. Ruppert, 10289 Avenue (upper), 14207 Southwestern Blvd., Angola 14006 This is for damages to a 1999 Pontiac Grand Am This is a claim for reimbursement for the cost of a 2004 sustained on September 17, ATV which was stolen 2004 on Tonawanda Street. $151.65 from the claimant on November 18, 2004. B. 3. Elmwood Utica Associates, LLC, $3,400.00 773 Niagara Falls Boulevard, Amherst, NY B. 9 State Farm Insurance Company, 14226 as subrogee of Angela L. Oliveri, 101 State Farm Place, This matter arose from a Notice of Claim in the amount Balliston Spa, NY 12020 of Three Thousand Two This is a claim for damages to State Farm's insured's Hundred and no/100 Dollars ($3200.00), filed on or automobile sustained on about October 31, 2002. The August 27, 2004 at 342-344 Pennsylvania Avenue. Notice of Claim alleges that the City caused damage to $905.53 the blacktop surfacing in B- 10 State Farm Insurance Company, the rear lot of Plaintiff's property located at 718 as subrogee of Robert Savage, 101 State Farm Place, Elmwood Avenue. $500.00 Balliston Spa, NY 12020 B. 4. Clyde Eschborn, 142 Roesch, This is a claim for damages to a 2001 Dodge Stratus, 14207 which occurred on June 11, This is a claim for reimbursement for clothing, which 2004, while vehicle was parked in the driveway was ruined on October 19, servicing 866 Abbott Road. 2004 at the Broadway Garage. $3,418.33 $156.14 That checks be drawn on the account of Org 17221008 Otto and Sonya Hines, 58 Alice Avenue, 14215 (480205) Judgment and Claims Prior Years, or This is a claim for the deductible on Mr. Hines' (480204) Current Fiscal Year, payable to the respective insurance settlement regarding a claimants or plaintiffs and their attorneys, if any, herein tree limb that fell on his vehicle on April 18, 2004 at 58 above named, in the amounts set opposite their names Alice Avenue. and delivered to them upon execution and delivery to $200.00 the Corporation Counsel of proper releases where such That checks be drawn on the account of Org 17221008 releases are indicated. (480205) Judgment and Claims Prior Years, or PASSED (480204) Current Fiscal Year, payable to the respective AYES - 9 NOES - 0 claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names NO. 73 and delivered to them upon execution and delivery to C. MISCELLANEOUS INVOICES the Corporation Counsel of proper releases where such That upon the recommendation of the Corporation releases are indicated. Counsel and the appropriate City Departments, the B Property Damage following claims be paid: B. 6. Christine Jones, 32 Glenwood C-1 Comtel Integrated Voice & Data, 750 Ensminger Avenue, 14209 Road, Tonawanda, 14150 That the above item be, and the same hereby is This is a claim by Comtel for the several invoices from returned to the Common Council without prior fiscal years for recommendation. services rendered to the City's Collection Unit. Mr. Griffin moved: $2,366.70 This is a claim for replacement of a furnace, plumbing C-2 R.S. Lang Enterprises, Inc. 7 Forestream Drive, work and repairs Depew, 14043 necessitated as a result of water pipes bursting during This is a claim by R.S. Lang Enterprises, Inc. for the winter of 2003-04 at services rendered to the Parks 31 Glenwood Avenue. $5,156.25 Department on June 30, 2004 for an out-of-service That checks be drawn on the account of Org 17221008 telephone system at 17 (480205) Judgment and Claims Prior Years, or Meadowview Place. $459.45 (480204) Current Fiscal Year, payable to the respective C-3United Rentals, 125 Taylor Drive, Depew, 14043 claimants or plaintiffs and their attorneys, if any, herein This is a claim for payment of Prior Fiscal Year Invoice above named, in the amounts set opposite their names Nos. 104022, 1048435, 1052371 and 1025847 for and delivered to them upon execution and delivery to services rendered to the Department of Public Works, the Corporation Counsel of proper releases where such Parks and Streets when tree pits were in place on releases are indicated. Washington Street and the trees Recommended by the Committee on Claims were not planted for two months and the Department B Property Claim had to rent barricades. That, upon the recommendation of the Corporation $1,169.00 Counsel, the following actions for personal injury arising C-4 United Business Systems, 316 Seneca Street, out of alleged negligence on the part of the City of Buffalo, 14204 Buffalo, be compromised and settled: This is a claim for payment of Prior Fiscal Year Invoice B. 7. Mary Rice, 1245 Main Street, P.O. No. 534112 for services Box 102, 14209 rendered to the Division of Substance Abuse Services for machine maintenance. $295.00 C-5 United Business Systems, 316 Seneca Street, that a female was threatening to jump of the Grant Buffalo, 14204 Street Bridge. At the This is a claim for payment of Prior Fiscal Year Invoice intersection of Grant and Amherst Streets, the fire truck No. 534118 for services struck a 2000 Chevy rendered to the Division of Substance Abuse Services Ventura owned by Mr. Armbruster and insured by State for machine maintenance. $295.00 Farm Insurance That checks be drawn on the account of Org 17221008 Companies. $500.00 (480205) Judgment and Claims Prior Years, or That a check be drawn on the account of Org 17221008 (480204) Current Fiscal Year, payable to the respective (480205) Judgment and Claims Prior Years, or claimants or plaintiffs and their attorneys, if any, herein (480204) Current Fiscal Year, payable to the respective above named, in the amounts set opposite their names claimants or plaintiffs and their attorneys, if any, herein and delivered to them upon execution and delivery to above named, in the amounts set opposite their names the Corporation Counsel of proper releases where such and delivered to them upon execution and delivery to releases are indicated. the Corporation Counsel of proper releases where such PASSED releases are indicated. AYES - 9 NOES - 0 PASSED AYES - 9 NOES - 0 NO. 74 C. MISCELLANEOUS INVOICE NO. 77 That the above item be, and the same hereby is REPORTS TO CLAIMS COMMITTEE returned to the Common Council without E-2 Western New York Reality Funding, 135 Delaware recommendation. Avenue, PO Box 1011, Buffalo 14240 Mr. Griffin moved: Item No 64, ccp# Nov 30, 2004 C-6 Western New York Realty Funding, 135 Delaware This is a claim for payment of prior fiscal year Invoice Avenue, P.O. Box 1011, Buffalo 14240 No 11882800 dated December 31, 2003 which was This is a claim for payment of an invoice which was not never submitted to the Buffalo Fire Department until submitted for payment to the Buffalo Fire Department September 7, 2004 until recently for the City's 54% of fire and liability LAID ON THE TABLE insurance for the property located at 1731 Seneca Street, as per the Lease. NO. 78 $392.04 E-3-WORD OF FAITH CHURCH, 299 EAST UTICA That a check be drawn on the account of Org 17221008 STREET, BUFFALO 14208 (480205) Judgment and Claims Prior Years, or This matter is being placed on the agenda after being (480204) Current Fiscal Year, payable to the respective recommitted from previous Council meetings. This is a claimants or plaintiffs and their attorneys, if any, herein claim for additional monies requested for parking lot above named, in the amounts set opposite their names improvements at property situated on Jefferson Avenue and delivered to them upon execution and delivery to at East Utica Street. Because of cost overruns the Corporation Counsel of proper releases where such experienced in this project, the Word of Faith Church releases are indicated. has had to file claims regarding the extra monies. This LAID ON THE TABLE is pertaining to a transfer of properties involved with a new library being built on land previously owned NO. 75 by the church. In turn, D. MISCELLANEOUS PAYROLL the City tumed over to the church city-owed properties That upon the recommendation of the Corporation to be used as the new Counsel and the appropriate City Departments, that the church parking lot. $22,441.32 following claim be paid: That a check be drawn on the account of Org 17221008 D. I. Buffalo Federation of (480205) Judgment and Claims Prior Years, or Neighborhood Centers, 97 Lemon Street, Buffalo 14204 (480204) Current Fiscal 3(ear, payable to the This is reimbursement for monies paid to support a staff respective claimants or plaintiffs and their attorneys, if position and operations at any, herein above named, in the amounts set opposite the J.B. Wiley Sports Pavilion during the previous fiscal their names and delivered to them upon execution and year. $15,000.00 delivery to the Corporation Counsel of proper releases That a check be drawn on the account of Org 17221008 where such releases are indicated. (480205) Judgment and Claims Prior Years, or PASSED (480204) Current Fiscal Year, payable to the respective AYES - 9 NOES - 0 claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names CIVIL SERVICE and delivered to them upon execution and delivery to (BONNIE E. RUSSELL, CHAIRPERSON) the Corporation Counsel of proper releases where such NO. 79 releases are indicated. APPT LABORER I (PERM)(POL) PASSED (ITEM NO. 26-C.C.P. JAN 25, 2005) AYES - 9 NOES - 0 That Communication 26, Jan 25, 2005 be received and filed and the permanent appointment of Chrystal Folck NO 76 of 181 Kentucky St, Buffalo, NY 14204 Stated above at REPORT TO THE CLAIMS COMMITTEE the Intermediate salary of $11.07/hr effective on E. 1 December 22, 2004 is hereby approved. State Farm Insurance Companies, as subrogee of PASSED James M. Armbruster, 101 State Farm Place, Ballston AYES - 9 NOES - 0 Spa, New York 12020 On August 5, 2004, a fire truck was responding to an NO. 80 emergency call of a report APPT POLICE CAPTAIN (CONT PERM)(MARREN) That the Corporation Counsel be, and he hereby is (ITEM NO. 27-C.C.P. JAN 25, 2005) authorized to settle the 1998-99 through 2003-04 That Communication 27, Jan 25, 2005 be received and certiorari proceedings on 259 Delaware Avenue by filed and the contingent permanent appointment of reducing the 2000-01 assessment from $3,823,900 to Brian D. Marren of 424 Eden St, Buffalo, NY 14220 $3,500,000 and by reducing the 2001-02, 2002-03 and Stated above at the Flat Starting Salary of $75,223 2003-04 assessments from $3,823,900 to $2,900,000. effective on December 27, 2004 is hereby approved. PASSED PASSED AYES - 9 NOES - 0 AYES - 9 NOES - 0 NO. 86 NO. 81 DISPOSAL OF EXISTING SWAT WEAPONS (ITEM APPT POLICE CHIEF (PROV)(B ARBA) (ITEM NO. NO. 24, C.C.P., JAN. 25, 2005) 28-C.C.P. JAN 25, 20I ~5) That the above item be, and the same hereby is That Communication 28, Jan 25, 2005 be received returned to the Common Council without and filed and the provisional appointment of Anthony recommendation. Barba of 253 Floradale Ave, Buffalo, NY 14150 Stated Mr. Davis Moved: above at the Flat Starting Salary of $84,771 effective on That the Commissioner of Police be, and he hereby is January 6, 2005 is hereby approved. authorized to dispose of the SWAT team's weapons as PASSED listed on the attached list to the above communication AYES - 9 NOES - 0 to the highest bidder and then purchase new weapons upon receipt of the funds from the sale. NO. 82 PASSED NOTICES OF APPOINTMENTS-AYES - 9 NOES - 0 TEMP/PROV/PERM(CTY CLK) (CCP#38,1/25) NO. 87 That the above item be and the same hereby is LEGISLATION OF PBT FREE PURCHASING(A&F) Received and Filed (CCP#33,1/25) ADOPTED That the above item be and the same hereby is Referred to the Committee on Legislation NO. 83 ADOPTED NOTICES OF APPOINTMENTS- TEMP/PROV/PERM(CTY CLK) NO. 88 (CCP#39,1/25) M. SPRAGUE-CONCEM SALE OF JN ADAM That the above item be and the same hereby is PROPERTY-PERRYSBURG NY Received and Filed (CCP#53,1/25) ADOPTED That the above item be and the same hereby is Received and Filed FINANCE ADOPTED (BRIAN C. DAVIS, CHAIRMAN) Recommended by the Committee on Finance NO. 84 RESULTS OF NEGOTIATIONS - 423,429, NO. 89 433,435,437, 439 AND 443 MONROE T. TRATHEN-JN ADAM PRELIMINARY PROJECT (ITEM NO. 6, C.C.P., JAN. 25, 2005) COST That the Director of Real Estate be, and he hereby is (CCP#57,1/25) authorized to exchange City-owned parcels 423,429, That the above item be and the same hereby is 433,435,437, 439 and 443 Monroe Street for 350 and Received and Filed. 352 Carlton and 243 and 245 Lemon Street owned by ADOPTED Buffalo Federation of Neighborhood Centers, Inc., 97 Lemon, and additional consideration in the amount of NO. 90 seven thousand six hundred dollars ($7,600.00) be and J.N. ADAM DEV CTR PERRYSBURG NY RELEASE they hereby are accepted; and OF REVERSIONARY INTEREST (#126, 1/11) (CCP# That the appraisal requested by the City of Buffalo shall 76, 1/25) be paid by the purchaser; That the above item be and the same hereby is That the transfer tax, recording fees and cost of legal Received and Filed. description shall be paid by the purchaser; and ADOPTED That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and NO. 91 that the Mayor be authorized to execute the same, in R. TERMINI-REQUEST TO COME TO COMM DEV Accordance with the terms of sale upon which the offer MEETING TO EXPLAIN GENESEE VILLIAGE was submitted. PROJECT PASSED (CCP# 54, 1/25) AYES - 9 NOES - 0 That the above item be and the same hereby is Received and Filed. NO. 85 ADOPTED CERTIORARI PROCEEDINGS - 259 DELAWARE AVENUE - MULTIMEDIA ENTERTAINMENT, INC. NO. 92 (ITEM NO. 14, C.C.P., JAN. 25, 2005) AUDITED FINANCIAL STATEMENTS BFLO That the above item be, and the same hereby is MUNICIPAL WATER FINANCE AUTH YRS ENDING returned to the Common Council without 6/30/04 AND 6/30/03(COMPT) (CCP# 1, 11) recommendation. That the above item be and the same hereby is Charles Olskey Field" pending a public hearing. Received and Filed. The following resolve is added to Amend Resolution # ADOPTED 129 from 1/25/05 rd (3 Resolve) NO. 93 Be it further resolved AUDITED FINANCIAL STATEMENTS BFLO WATER That a Public Hearing is scheduled pursuant to Buffalo BOARD YRS ENDING 6/30/04 AND 6/30/03(COMPT) Code 286-3 on March 8, 2005 stndrd (CCP# 12, 11) ADOPT 1, 2 and 3 RESOLVE THE FINAL RESOVE That the above item be and the same hereby is REFERRED TO THE COMMITTEE ON LEGISLATION Received and Filed. ADOPTED NO. 101 ACCIDENT REPORTS FILED-MICHIGAN AND NO. 94 MASTEN(BTWN NORTH & EAST FERRY)(POL) C. GRIFFASI-UNDERGROUND PARKING (CCP# 55, (CCP# 29, 1/11) 1/11) That the above item be and the same hereby is That the above item be and the same hereby is Received and Filed. Received and Filed. ADOPTED ADOPTED ADOPTED NO. 102 NO. 95 ADOPTED LOCAL LAW # 18 REQ PLAN TO NOTIFY RD ORD AMEND CH 81 AUCTIONS & AUCTIONEERS RESIDENTS(3RESOLVE) (CCP# 154, 1/11) (CCP# 121, 1/11) That the above item be and the same hereby is That the above item be and the same hereby is Received and Filed. Received and Filed. ADOPTED ADOPTED LEGISLATION NO. 103 (RICHARD A. FONTANA, CHAIRMAN) TELCOVE AGREEMENT AS NO. 96 TELECOMMUNICATIONS PROVIDER (ITEM NO. 28, C. THOMAS-REQUEST FOR TAXI CAB RATE C.C.P., SEPT. 21, 2004) (ITEM NO. 87, C.C.P., OCT. INCREASE 5, 2004) (CCP# 55, 1/25) That the Commissioner of Public Works, Parks & That the above item be and the same hereby is Streets be, and he hereby is authorized to enter into a Received and Filed. Right-of-Way Telecommunications License Agreement ADOPTED between the City and TelCove Operations, Inc. PASSED NO. 97 AYES - 9 NOES - 0 A. WAITERS-REQUEST TO WITHDRAWN USE PERMIT FOR 345 AMHERST NO. 104 (CCP# 58, 1/25) REPEAL TWO WAY TRAFFIC FOR MICHIGAN AND That the above item be and the same hereby is MASTEN AVE (PW) Received and Filed. (CCP# 19, 12/14) ADOPTED That the above item be and the same hereby is Received and Filed. NO. 98 ADOPTED C. THOMAS-TAXI RATES (CCP# 59, 1/25) That the above item be and the same hereby is NO. 105 Received and Filed. REPEAL TWO WAY TRAFFIC FOR MICHIGAN & ADOPTED MASTEN(POL) (CCP# 24, 12/14) NO. 99 That the above item be and the same hereby is CHAIRMAN Received and Filed ADOPTED APPOINTMENT- RENTAL ASSISTANCE CORPORATION BOARD OF DIRECTORS COMMUNITY DEVELOPMENT (ITEM NO. 123, C.C.P., JAN. 25, 2005) (JOSEPH GOLOMBEK JR., CHAIRMAN) That the above item be, and the same hereby is, NO. 106 returned to the Common Council without TRANSFER 29 NORTHAMPTON STREET recommendation. (ITEM NO. 12, C.C.P., JAN. 25, 2005) Mr. Fontana moved that the above item be recommitted That the above item be, and the same hereby is to the Committee on Legislation returned to the Common Council without ADOPTED recommendation. Mr. Golombek Moved: NO. 100 That the Office of Strategic Planning, Division of Real REQ. CHANGE NAME OF DURANT FIELD TO Estate transfer City-owned parcel located at 29 "MCDONALD AND OLSKEY FIELD" Northampton Street to the BuffaIo Urban Renewal (ITEM NO. 129, C.C.P., JAN. 25, 2005) Agency. That the Corporation Counsel be authorized to That the Commissioner of Public Works, Parks & prepare the necessary documents for the transfer of Streets be, and he hereby is authorized to change the title and that the Mayor be authorized to execute the Durant Field to be renamed "Clyde McDonald and same, in accordance with the terms of sale upon which the offer was submitted. That the above item be and the same hereby is PASSED Received and Filed. AYES - 9 NOES - 0 ADOPTED NO. 107 NO. 114 RESULTS OF NEGOTIATIONS - 934, 946 PUBLIC SAFETY DISPATCHERS(A&F) (CCP# 47, 1 AND 948 FILLMORE I/3) (ITEM NO. 11, C.C.P., NOV. 30, 2004) That the above item be and the same hereby is That the offer from Mr. Melvin J. Davis and Mrs. Received and Filed. Joyce Davis, residing at 175 William Street, in the sum ADOPTED of six thousand dollars ($6,000.00) for the purchases of 934, 946 & 948 Fillmore Avenue, be and they hereby NO. 115 are accepted; and COB POLICE DEPT RESPONSE PUBLIC SAFETY That the appraisal requested by the City of Buffalo shall DISPATCHERS(POL) be paid by the purchaser; (CCP# 20, 11/30) and That the above item be and the same hereby is That the transfer tax, recording fees and cost of legal Received and Filed. description shall be paid by the purchaser; and ADOPTED That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and NO. 116 that the Mayor be authorized to execute the same, in AMEND CHARTER TO MANDATE ADEQUATE accordance with the terms of sale upon which the offer FUNDING FOR TREE REMOVALS AND PRUNING was submitted. TO AVOID MAJOR INJURIES AND LIABILITIES PASSED (ITEM NO. 163, C.C.P., SEPT. 16, 2003) (ITEM NO. AYES - 9 NOES - 0 100, C.C.P., MAR. 30, 2004) That the above item be, and the same hereby is NO. 108 returned to the Common Council without J. GRIFFIN-S. SILVER SUPPORT FUNDING recommendation. REDEVELOPMENT HICKORY WOODS Mr. Bonifacio moved: (CCP# 60, 12/14) That the Common Council requests the Law That the above item be and the same hereby is Department to draft a Charter amendment that would Received and Filed mandate adequate funding for preventive tree care to ADOPTED protect the lives of Buffalo's citizens and the fiscal solvency of the City as a self insured agency. NO. 109 The following Resolve to be added J. GRIFFIN-J. QUINN-REQUEST APPROPRIATION Be it Finally resolved FOR THE COB FAIR MARKET PROTECTION PLAN That the Corporation Counsel Prepare and File an (CCP# 61, 12/14) Ordinance Amendment and/or Local Law that the City That the above item be and the same hereby is of Buffalo set aside a minimum of $500,000 per year in Received and Filed. the City's annual budget for the purposes of gee ADOPTED trimming and tree removal citywide. Approved as amended NO. 110 PASSED K. MCCLOUD-RESIDENTS OF HICKORY WOODS AYES - 9 NOES - 0 REQ THE REPLACEMENT OF MR. STANTON (CCP# 74, 12/14) NO. 117 That the above item be and the same hereby is DOG LICENSING INITIATIVES REPORTS(CITY Received and Filed. CLERK) ADOPTED (CCP# 47, 11/16) That the above item be and the same hereby is NO. 111 Received and Filed. M. COPPOLA-YEAR 31 CDBG (CCP# 51, 01/11) ADOPTED That the above item be and the same hereby is NO. 118 Received and Filed. SAVE MONEY THROUGH PURCHASING ST ADOPTED ALLIANCE(1RESOLVE ONLY) (CCP# 132, 10/19) SPECIAL COMMITTEES That the above item be and the same hereby is BUDGET COMMITTEE Referred to the Committee on Legislation. (DOMINIC J. BONIFACIO JR., CHAIRMAN) ADOPTED NO. 112 SAVE MONEY THROUGH PURCHASING NO. 119 ALLIANCE(A&F) REQUEST TO PLACE POLICE CAMERAS AT (CCP# 36, 12/14) TH STRATEGIC LOCATIONS(4RES) That the above item be and the same hereby is (CCP# 138, 11/3) Referred to the Committee on Legislation. That the above item be and the same hereby is ADOPTED Referred to the Committee on Finance ADOPTED NO. 113 NO. 120 PUBLIC SAFETY DISPATCHERS (CCP# 115, 10/19) B. DAVIS-INITIAL ASSESSMENT OF THE 2005 area with the establishment of five TENTATIVE COUNTY BUDGET branches; and (CCP# 47, 11/30) Whereas: There currently are no banks within a That the above item be and the same hereby is one-half mile radius of 372 Connecticut Received and Filed Street to serve the local community; and ADOPTED Whereas This area of the Niagara District, although home to a population at 34% of the poverty rate, has RESOLUTIONS seen recent economic growth along the Connecticut *h NO. 121 Street corridor from West Avenue to 17Street with BY: MR. BONIFACIO investments from D'Youville College, Armory Tavern at CITY. OF BUFFALO ORDINANCE FOR IMPOUNDED 311 Connecticut Street, Madill's Harts Service at 307 OR SEIZED DOGS Connecticut Street, Vilardo Printing at 326 Connecticut Whereas: In December 2004, the Common Street, Mineo & Sapio at 410 Connecticut Street, and Council amended the City of Buffalo the building owner of 365 and 367 Connecticut Street: Ordinance Chapter 78-18, concerning and dogs Running at Large; and Whereas There is a demonstrated need for the Whereas Presently, the Ordinance states "Any dog establishment of a Greater Buffalo Savings Bank impounded or seized, whether licensed or unlicensed, branch to serve the local community by providing a safe shall be subject to mandatory spay or neutering and profitable banking environment that fosters the pursuant to this section" and four conditions follow this achievement of personal financial goals, statement in the Ordinance; and homeownership and business growth. Whereas One of the conditions of the above statements Now, Therefore, Be It Resolved That: says that the dogs impounded or seized that would fall The Common Council hereby supports the creation of a into the mandatory spay or neutering before being banking district along Connecticut Street and the returned to its owner or adopted must be 5 months of establishment of a Greater Buffalo Savings Bank age or older; and branch to be located at 372 Connecticut Street. Whereas: It has recently come to the attention of the Be It Further Resolved That Common Council Members, that NYS Law allows any This Common Council hereby authorizes the Mayor to dog, 4 months of age or older, to be eligible for spay or take any and all steps reasonable and necessary to neutering by a veterinarian; and support or join in the application for a banking district to Whereas In order to remain consistent with NYS Law be designated at and and not to risk confusion, the City of Buffalo Ordinance around 372 Connecticut Street for the establishment of needs to be amended to include all dogs, 4 months of a Greater Buffalo Savings Bank branch. age or older, when it speaks to impounded or seized Bc It Finally Resolved That: dogs being spayed or neutered before being returned to A copy of this Resolution be forwarded to Andrew W. its owner or adopted; Dora, Jr., President and CEO of the Now, Therefore, Be It Resolved: Greater Buffalo Savings Bank That the Common Council of the City of Buffalo does PASSED hereby direct the Law Department to make the AYES - 9 NOES - 0 appropriate amendment to section 78-18 of the City Ordinance so that it reflects the above requested NO. 123 change and file it with the City Clerk no later than 2pro, BY: MR. BONIFACIO on Thursday, ZONING BOARD ADOPTED OF APPEALS SCREENING Whereas The City of Buffalo has a policy that requires NO. 122 potential buyers at the In Rem Auction to be current BY MR. BONIFACIO with City charges, fees, and taxes and also be cleared CO SPONSORS MR. DAVIS, MR. FONTANA, MR. through the Department of Permit and Inspection COPPOLA AND MR. THOMPSON Services for having properties be in-compliance in order DESIGNATE 372 CONNECTICUT STREET AS A to purchase properties at the auction; and BANKING DEVELOPMENT DISTRICT FOR A NEW Whereas Similarly, other individuals interested in BRANCH OF THE GREATER BUFFALO SAVINGS acquiring city-owned properties through a straight sale BANK or through the Homestead initiative are required to be Whereas The Greater Buffalo Savings Bank (GBS), a current with City charges, fees, and taxes before a sale locally owned and operated full-service can be completed; and Community bank, was chartered in 1999 and opened its Whereas Before appointment to City Boards and doors for residents and businesses at 47 Corn* Street Agencies, candidates are screened through the in the Downtown Buffalo area; and Collections Division to ensure that potential board Whereas The GBSB's motto upon its inception has member appointees are current with City charges, fees, been "Banking, the way it used to be, and since its and taxes; and opening, the Bank has adhered to the principle upon Whereas It would seem appropriate that the City of which it was founded: commitment to serving the Buffalo also implement a screening process for ZBA financial needs of the depositors and the communities applicants so that individuals requesting zoning in which they live; and variances be up-to-date with City charges, fees and Whereas: In March 200l), the City of Buffalo provided taxes and also be in-compliance with properties owned support for the establishment of a banking development in the City; and district to designate 2421 Main Street as the Now, Therefore, Be It Resolved: headquarters for the GBSB; and That the Common Council hereby requests the Whereas: Since that time. GBSB has expanded Corporation Council in conjunction with the Office of throughout the city and the surrounding Strategic Planning, the Department of Permit and Inspection Services, and the Department of anticipation notes issued in anticipation thereof in Administration and Finance, to research and develop accordance with Section 107.00 d. 9. of the Law. an ordinance amendment and/or an appropriate policy Section 5. Each of the bonds authorized by this that will formalize this screening process for future ZBA resolution and any bond anticipation notes issued in applications and report, to the Common Council as to anticipation of the sale of said bonds and the renewals their findings of said notes shall contain the recital of validity Be it finally resolved prescribed by Section 52.00 of the Local Finance Law. That this item be referred to the Committee on Said bonds and said notes shall be general obligations Legislation for further discussion of the City of Buffalo payable as to both principal and ADOPT 1st RESOLVE THE 2nd REFERRED TO THE interest by a general tax upon all the taxable real COMMITTEE ON LEGISLATION properly within said City without limitation as to rate or amount. The faith and credit of said City are hereby NO. 124 irrevocably pledged for the punctual payment of the BY: MR. COPPOLA: principal of and interest on said bonds and said notes. BOND RESOLUTION Provision shall be made annually by appropriation by CITY-OWNED BUILDINGS-VARIOUS said City for the payment of interest on and for the ROOFS, MASONRY, MECHANICALS amounts required for the amortization and redemption ACCOUNT 3000-320 of said bonds and said notes. Bond Resolution of the City of Buffalo, New York,, Section 6. The validity of the bonds authorized by this authorizing the issuance of $750,000 General resolution or any bond anticipation notes issued in Improvement Bonds of said City to finance the cost of anticipation of the sale of sold bonds may be contested the partial reconstruction of various City-owned only if: buildings, at the estimated total cost of $750,000. Such obligations are authorized for an object or The Common Council of the City of Buffal0, in the purpose for which the City of Buffalo is not authorized County of Erie, New York, hereby resolves (by the to expend money, or favorable vote of not less than two-thirds of all the (b) The provisions of law which should be members of said Common Council) as follows: complied with at the date of the publication of this Section 1. The Comptroller of the City of Buffalo, in the resolution are not County of Erie, New York, is hereby authorized and substantially complied with, and an action, suit or directed to issue General Improvement Bonds of said proceeding contesting such validity, is commenced City in the principal amount of Seven Hundred Fifty within twenty days after the date of such publication, Thousand Dollars ($750,000), pursuant to the or provisions of the Charter of said City and the Local (c) Such obligations are authorized in violation of the Finance Law, constituting Chapter 33-a of the provisions of the constitution. Consolidated Laws of the State of New York (the Introduced "Law"), to finance the cost of partial reconstruction of LAID ON THE TABLE various City-owned buildings. The estimated total cost of said object or purposes for which the bonds NO. 125 authorized by this resolution are to be issued, including BY: MR. COPPOLA preliminary costs and costs incidental thereto and the BOND RESOLUTION financing thereof, is $750,000 as set forth in the duly CITY HALL RESTORATION adopted 2005 Capital Improvements Budget of said ACCOUNT 3000-320 City, as amended.. Bond Resolution of the City of Buffalo, New York, Section 2. The proceeds of the sale of the bonds authorizing the issuance of $3,400,000 General authorized by this resolution, or any bond anticipation Improvement Bonds of said City to finance the cost of notes issued in anticipation of the sale of said bonds partial reconstruction of City Hall, at the estimated total shall be deposited in the Capital Projects Fund to the cost of $3,400,000. credit of the Department of Public Works, Division of The Common Council of the City of Buffalo, in the Buildings, "City-Owned Building-Various, Roofs, County of Erie, New York, hereby resolves (by the Masonry, Mechanicals-2005, Bond Authorization favorable vote of not less than two-thirds of all the Account No. 3000-320, and shall be used for the members of said Common Council as follows: objects or purposes specified in Section I of this Section 1. The Comptroller of the City of Buffalo, in the resolution County of Erie, New York, is hereby authorized and .Section 3. The City intends to finance, on an interim directed to issue General Improvement Bonds of said basis, the costs or a portion of the costs of said objects City in the principal amount of Three Million Four or purposes for which bonds are herein authorized, Hundred Thousand Dollars ($3,400,000), pursuant to which costs are reasonably expected to be incurred by the provisions of the Charter of said City and the Local the City, pursuant to this Bond Resolution, in the Finance Law, constituting Chapter 33-a of the maximum amount of $750,000. This Resolution is a Consolidated Laws of the State of New York (the declaration of Official Intent adopted pursuant to the "Law"), to finance the cost of partial reconstruction of requirements of Treasury Regulation Section 1.150-2. City Hail, including interior and exterior restoration. The Section 4. The following additional matters are hereby estimated total cost of said specific object or purpose determined and stated: for which the bonds authorized by this resolution are to (a) The period of probable usefulness applicable to the be issued, including preliminary costs and costs objects or purposes for which the bonds authorized by incidental thereto and the financing thereof, is this resolution are to be issued within the limitations of $3,400,000 as set forth in the duly adopted 2005 Section 11.00 a. 90 of the Law, is tan (10) years. (b) Capital Improvements Budget of said City, as Current funds am not required by the Law to be amended.. provided as a down payment prior to the issuance of Section 2. The proceeds of the sale of the bonds the bonds authorized by this resolution or any bond authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds Bond Resolution of the City of Buffalo, New York, shall be deposited in the Capital Projects Fund to the authorizing the issuance of $200,000 General credit of the Department of Public Works, Division of Improvement Bonds of said City, in addition to the Buildings, "City Hail Restoration 2005, Bond $1,500.000 bonds previously authorized, to finance the Authorization Account No. 3000-320, and shall be used cost of partial reconstruction of and construction of an for the specific object or purpose specified in Section 1 addition to the existing Engine 34 Fire Station located at of this resolution 2833 Main Street, at the total estimated maximum cost .Section 3. The City intends to finance, on an interim of $1,700,000. basis, the costs or a portion of the costs of said objects The Common Council of the City of Buffalo, in the or purposes for which bonds are herein authorized, County of Erie, New York, hereby resolves (by the which costs are reasonably expected to be incurred by favorable vote of not less than two-thirds of all the the City, pursuant to this Bond Resolution, in the members of said Common Council) as follows: maximum amount of $3,400,000. This Resolution is a Section 1. The Comptroller of the City of Buffalo, in the declaration of Official Intent adopted pursuant to the County of Eric, New York, is hereby authorized and requirements of Treasury Regulation Section 1.150-2. directed to issue General Improvement Bonds of said Section 4. The following additional matters are hereby City in the principal amount of Two Hundred Thousand determined and stated: Dollars ($200,000), pursuant to the provisions of the (a) The building to be partially reconstructed is of at Charter of said City end the Local Finance Law, least Class "B" construction as defined by Section constituting Chapter 33-a of the Consolidated Laws of 11.00 a. 1 I. Co) of the Law, and the period of probable the State of New York (the "Law"), in addition to the usefulness applicable to the specific object or purpose $500,000 bonds previously authorized by Bond for which the bonds authorized by this resolution ate to Resolution Item No. 140 duly adopted by the Common be issued within the limitations of Section 11.00 a. Council on November 16, 2004 and $1,000,000 bonds 12.(a)(2) of the Law, is fifteen (15) years. previously authorized by Bond Resolution Item No. 148 (b) Current funds are not required by the Law to be duly adopted by the Common Council on March 30, provided as a down payment prior to the issuance of 2004 m finance the cost of the partial reconstruction of the bonds authorized by this resolution or any bond and construction of an addition to the existing Engine anticipation notes issued in anticipation thereof the 34 Fire Station located at 2833 Main Street. The total accordance with Section 107.00 d. 9. of the Law. estimated maximum cost of said specific object or Section 5. Each of the bonds authorized by this purpose for which the bonds authorized by this resolution mad any bond anticipation notes issued in resolution are to be issued, including preliminary costs anticipation of the sale of said bonds and the renewals and costs incidental thereto and the financing thereof, is of said notes shall contain the recital of validity $1,700,000 as set forth in the duly adopted 2005 prescribed by Section 52.00 of the Local Finance Law. Capital Improvements Budget of said City, as Said bonds and said notes shall be general obligations amended.. of the City of Buffalo payable as to both principal and Section 2. The proceeds of the sale of the bonds interest by a genera/tax upon all the taxable real authorized by this resolution, or any bond anticipation property within said City without limitation as to rate or notes issued in anticipation of the sale of said bonds amount. The faith and credit of said City are hereby shall be deposited in the Capital Projects Fund to the irrevocably pledged for the punctual payment of the credit of the Department of Public Works, Division of principal of and interest on said bonds and said notes. Buildings, "Expansion/Reconstruction Engine 34, Provision shall be made annually by appropriation by 2005", Bond Authorization Account No. 3000-320, and said City for the payment of interest on and for the shall be used for the specific object or purpose amounts required for the amortization and redemption specified in Section 1 of this resolution of said bonds and said notes. .Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object Section 6. The validity of the bonds authorized by this or purpose for which bonds a~ herein authorized, which resolution or any bond anticipation notes issued in costs are reasonably expected to be incurred by the anticipation of the sale of said bonds may be contested City, pursuant to this Bond Resolution, in the maximum only if: amount of $200,000. This Resolution is a declaration of Such obligations are authorized for an object or Official intent adopted pursuant to the requirements of purpose for which the City of Buffalo is not authorized Treasury Regulation Section 1.I50-2. to expend money, or Section 4. The following additional matters arc hereby The provisions of law which should be complied with at determined and stated the date of the publication of this resolution are not (a) The existing building to be partially reconstructed is substantially complied with, of Class "B" construction as defined by Section I 1.00 & and an action, suit or proceeding contesting such 11. Co) of the Law, and the period of probable validity, is commenced within twenty days after the date usefulness applicable to the specific object or propose of such publication, for which the bonds authorized by this resolution are to or be issued, within the limitations of Section 11.00 (c) Such obligations are authorized in violation of the a.12.(a)(2) of the Local Finance Law, is fifteen (I 5) provisions of the constitution. years. Introduced (b) Current funds are not required by the Law to be LAID ON THE TABLE provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond NO. 126 anticipation notes issued in anticipation thereof in BY: MR. COPPOLA accordance with Section 107.00 d. 9. of the Law. BOND RESOLUTION Section 5. Each of the bonds authorized by this EXPANSION/RECONSTRUCTION ENGINE 34 resolution and any bond anticipation notes issued in ACCOUNT 3000-320 anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity notes issued in anticipation of the sale of said bonds prescribed by Section 52.00 of the Local Finance Law. shall be deposited in the Capital Projects Fond to the Said bonds and said notes shall be general obligations credit of the Department of Public Works, Division of of the City of Buffalo payable as to both principal and Engineering, "Peace Bridge Area structure interest by a general tax upon all the taxable real Improvements 2005, Bond Authorization Account No. property within said City without limitation as to rate or 3000-310, and shall be used for the objects or purposes amount. The faith and credit of said City are hereby specified in Section I of this resolution. irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Section 3. The City intends to finance, on an Interim Provision shall be made annually by appropriation by basis, the costs or a portion of the costs of said said City for the payment of interest on and for the improvements for which bonds are herein authorized, amounts required for the amortization and redemption which costs are reasonably expected to be incurred by of said bonds and said notes. the City, pursuant to this Bond Resolution, in the Section 6. The validity of the bonds authorized by this maximum amount of $1,500,000. This Resolution is a resolution or any bond anticipation notes issued in declaration of Official intent adopted pursuant to the anticipation of the sale of said bonds may be contested requirements of Treasury Regulation Section 1.150-2. only if Section 4. The following additional matters are hereby Such obligations are authorized for an object or determined and stated: purpose for which the City of Buffalo is not authorized (a) The period of probable usefulness applicable to expend money, or to the objects or purposes for which the bonds The provisions of law which should be complied with at authorized by this the date of the publication of this resolution are not resolution am to be issued within the limitations of substantially complied with, Section 11.00 & 91. of the Law, is fifteen (15) years and an action, suit or proceeding contesting such (b) Current funds am not required by the Law to be validity, is commenced within twenty days after the data provided as a down payment prior to the issuance of of such publication, the bonds authorized by this resolution or any bond or anticipation notes issued in anticipation thereof in (c) accordance with Section 107.00 d. 9. of the Law. Such obligations are authorized in violation of the Section 5. Each of the bonds authorized by this provisions of the constitution. resolution and any band anticipation notes issued In Introduced anticipation of the sale of said bonds and the renewals LAID ON THE TABLE of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. NO. 127 Said bonds and said notes shall be general obligations BY: MR. COPPOLA of the City of Buffalo payable as to both principal and BOND RESOLUTION Interest by a general tax upon all the taxable real PEACE BRIDGE AREA INFRASTRUCTURE property within said City without limitation as to rate or IMPROVEMENTS amount. The faith and credit of said City am hereby ACCOUNT 3000-310 irrevocably pledged for the punctual payment of the Bond Resolution of the City of Buffalo, New York, principal of and interest on said bonds and said notes. authorizing the issuance of $1,500,000 General Provision shall be made annually by appropriation by Improvement Bonds of said City to finance the cost of said City for the payment of interest on and for the infrastructure improvements and other related repairs amounts required for the amortization and redemption and improvements on Porter and Busti Avenues in the of said bonds and said notes. Peace Bridge Areas, at the estimated total cost of Section 6. The validity of the bonds authorized by this $1,500,000. resolution or any bond anticipation notes issued in The Common Council of the City of Buffalo, in the anticipation of the sale of said bonds may be contested County of Erie, New York, hereby resolves (by the only if.' favorable vote of not less than two-thirds of all the (a) Such obligations are authorized for an object members of said Common Council) as follows: or purpose for which the City of Buffalo is not Section 1. The Comptroller of the City of Buffalo, in the authorized to County of Erie, New York, is hereby authorized and expend money, or directed to issue General Improvement Bonds of said The provisions of law which should be complied with at City in the principal amount of One Million Five Hundred the date of the publication of this resolution are not Thousand Dollars ($1,500,000), pursuant to the substantially complied with, provisions of the Charter of said City and the Local and an action, suit or proceeding contesting such Finance Law, constituting Chapter 33-a of the validity, is commenced within twenty days after the date Consolidated Laws of the State of New Yore (the of such publication, "Law"), to finance the cost of infrastructure or improvements including curb and sidewalk construction, (c) Such obligations am authorized in violation of the traffic signals, street lighting, bike paths, pedestrian provisions of the constitution. pathways and landscaping on Porter and Busti Introduced Avenues in the Peace Bridge Ave & The estimated total LAID ON THE TABLE cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including NO. 128 preliminary costs and costs incidental thereto and the BY: MR. COPPOLA: financing thereof, is $1,500,000 as set forth in the duly ORDINANCE AMENDMENT - CHAPTER 94 - adopted 2005 Capital Improvements Budget of said BOILERS AND ENGINES City, as amended.. The Common Council of the City of Buffalo does hereby Section 2. The proceeds of the sale of the bonds ordain as follows: That the Code of the City of Buffalo authorized by this resolution, or any bond anticipation be amended to read as follows: No Inspector shall take or receive any money on behalf §94-1 Inspection of boilers. of the owner of a boiler as a deposit and/or payment of A. Jurisdiction. Inspection of boilers the inspection fee provided for herein; nor shall any Inspector authorize the issuance of any certificate of shall be done under the jurisdiction of inspection without having, at the time stated, thoroughly the Division of Fuel Devices. examined and tested the boiler so certified for. § 94-7. Inspection equipment; inspection of City boilers; B. General provisions. Chapter 249, Inspections, shall reports. regulate all inspections made pursuant to this chapter. The City of Buffalo shall provide such instruments, § 94-2. Duties of Chief Combustion Inspector. books, papers and things as shall be necessary for the It shall be the duty of the Chief Combustion Inspector to proper performance of his duties as Inspector, which cause to be inspected once in each year all boilers shall be the property of such City and which shall be used for the generating of steam power or for heating or delivered by said Inspector to his successor in office or steaming purposes and all tanks subjected to steam to the Commissioner of Permit and Inspection Services pressure used in any business, except such boilers and whenever he shall cease for any cause to discharge the tanks as shall have been inspected and insured by duties of his office. Said Inspector shall also, without some duly authorized insurance company within six expense or charge, inspect all boilers owned or used by months of the time the Inspector shall offer to inspect the City or any of its departments whenever called upon the same, by making a careful examination of and by the proper officer. subjecting the same to the same inspection required § 94-8. Annual inspection required; exception. under Industrial Code Rule Nos. 4 and 14, as It shall be the duty of every owner or other person using established by the Board of Standards and Appeals of one or more boilers or any tank or tanks subject to the Department of Labor of the State of New York[,]-. steam pressure in this City to have the same inspected [with the exception that Section 5d of Industrial Code by the Inspector of Boilers as often as once in each and Rule No. 4 shall be amended to cover four families every year, and to that end, every owner or person instead of six referred to therein] using a boiler or tank aforesaid shall make or cause to §94-3 Certificate of inspection posting, be made annually an application, in writing, to the When a boiler has been inspected and approved by the Inspector requesting him to inspect the same; provided, Inspector, he shall authorize a certificate of inspection however, that any person or owner using such tank or to be issued by the Commissioner of Permit and boiler, who shall have had the same inspected and Inspection Services and delivered to the person for insured by some duly authorized insurance company whom inspection was made, which certificate shall within six months of the time the Inspector may offer to contain the date of inspection, together with a general inspect the same, shall not be required to comply with description of the boiler, for what purpose used, the this chapter. number of try cocks, steam and water gauges, pumps, § 94-9. Secondhand boilers. the number of pounds of pressure at which such boiler Every dealer in secondhand boilers shall notify the was tested and the maximum pressure at which it may Inspector when a boiler has been sold to be used in the be safely used. Such certificate shall be posted under City and before it has been delivered. Every such glass in a conspicuous place in the engine or boiler secondhand boiler, before its removal from the room in which the boiler specified therein is situated; possession of the dealer and before it has been and it shall not be removed there from until the boiler or painted, shall be subjected to a hydrostatic test and its appendages become defective or a new certificate is thereafter stamped with the day and date when such issued and then only by the Boiler Inspector. test was made. A fee as provided in Chapter 175, Fees, § 94-4. Examination of repairs. shall be charged and collected of the dealer by the It shall be the duty of said Inspector, on written Commissioner of Permit and Inspection Services for application of the owner or agent of any boiler, each inspection made by the Inspector hereunder. generator or super heater, stating that the same is out § 94-10. Safety valves. of repair or has been repaired, to examine the same It shall be the duty of every owner or other person using when so repaired and determine if the same has been boilers in the City of Buffalo to provide and fix thereto a properly done. full complement of try cocks, one water gauge, one §94-5. Inspection fees. steam gauge and one or more safety valves of suitable The Commissioner of Permit and Inspection Services, dimensions, to be approved by said Inspector, and also upon authorization of the Inspector, shall charge and a good and sufficient force pump or other means of collect a fee as provided in Chapter 175, Fees, for supplying the boiler with water, which shall also be inspecting each boiler which exceeds 25 horsepower, subject to the approval of said Inspector. except that in an establishment where more than one § 94-11. Inspection facilities. such boiler is used, a fee as provided in Chapter 175 All owners or persons using boilers and tanks subject to for each boiler in excess of one shall be charged and inspection as aforesaid shall provide, at their own collected. The Commissioner of Permit and Inspection expense, such arrangement and facilities for attaching Services shall charge and collect a fee as provided in the instruments for inspection as the Inspector shall Chapter 175 for the inspection of each boiler not direct. exceeding 25 horsepower and a fee as provided in § 94-12. Boiler insurance notification. Chapter 175 for each and every additional boiler in any Every insurance company insuring boilers in the City of one establishment. The fee for the inspection of a Buffalo shall notify the Boiler Inspector immediately miniature boiler shall be the sum as provided in Chapter when any insurance has lapsed on boilers insured by 175. Said fee shall be paid by the owners, respectively, said company and when new insurance has been of the boilers inspected and shall be paid to the placed on any boiler. Commissioner of Permit and Inspection Services prior § 94-13. Maximum pressure. to the delivery of the certificate provided for in § 94-3 of The safety valves of boilers shall not be allowed to this chapter. extend beyond the maximum pressure allowed by said § 94-6. Restrictions on activities of Inspector. Inspector. of said railroads and/or any diesel or gas electric-driven § 94-14. Reports. car used on said railroads or to persons employed by It shall be the duty of the Inspector, on or before the other public service corporations subject to the fifth day of each and every month, to file with the City jurisdiction of the Public Service Commission of the Comptroller a statement, under oath, showing the State of New York while engaged in operating or names of the owners of boilers, alphabetically running any electric-power-generating units in arranged, whose boilers have been inspected by him connection with the rendition of public service or to during the previous month, the locations of said boilers, engineers duly licensed by the authorities of the United the dates of inspection and the amount of money States while engaged in operating or running steam authorized by him to be received by the Commissioner boilers, steam engines or power-developing units under of Permit and Inspection Services and from whom the the jurisdiction of the United States or to operators or same was due for inspections during such previous operation of passenger or freight elevators or month. escalators permanently installed, except temporary § 94-15. Composition of Division of Fuel Devices. elevators used exclusively for hoisting building The head of the Division of Fuel Devices shall be the materials during construction or alteration, or to gas or Chief Combustion Inspector. diesel engines or operators thereof while such engines § 94-16. Duties of Chief Combustion Inspector. are being used for test, repair or emergency purposes A. It shall be the duty of the Chief to make such rules or to heat exchangers used in process industries in and regulations as shall be necessary to carry properly which steam is generated during whole or part of the into effect the provisions of this chapter. The Chief shall process cycle or to transit concrete mixers, welding keep accurate records and files of the transactions of units, overhead traveling cranes, gantry cranes, shop or his office, including applications, examination papers, plant trucks, shop or plant hoists, cupola blowers or any qualifying permits issued and required data concerning motor vehicles licensed subject to the provisions of the persons duly qualified by his office and shall render New York State Vehicle and Traffic Law or to operators annually, before the first day of January, a report on the or the operation of any boilers being used to furnish same to the Mayor. It shall be his duty to give proper temporary heat for any buildings under construction notice of the time when and the place where he will until the permanent heating system has been examine all persons who shall appear before him for completed and final tests made and said heating examination as to their qualifications to operate and system and said boilers are accepted by the owner of have charge of power-developing units in this City; and the buildings and a certificate of acceptance is issued to he shall issue a qualifying permit to applicants, the heating contractor. authorizing the Commissioner of Permit and Inspection §94-18. Citizenship required for issuance of license. Services to issue a license to such applicants in the No person shall be granted a license unless he is a manner and form as provided by this chapter and citizen or shall have declared his intention to become a authorized by such permit. citizen of the United States. B. It shall be the duty of the Chief to inspect periodically § 94-19. Revocation of license or permit. all power plants, excepting only electric-power-A license or permit issued under the provisions of this generating units in plants owned or operated by public chapter shall be subject to suspension or revocation for utilities subject to the jurisdiction of the Public Service cause by the Commissioner of Permit and Inspection Commission of the State of New York, with a view to Services, after a hearing, upon notice to the licensee or ascertaining if the same are properly constructed and permittee. Mental or physical incompetency or operated and whether or not they are insured by some negligence in the performance of his duties as an duly incorporated insurance company having authority engineer or refrigeration operator or intoxication while to insure such plants and also with a view to on duty or failure to renew properly such license or a ascertaining if such plants are properly in charge of duly violation of any provisions of this chapter or other licensed engineers or refrigeration operators. pertinent laws or ordinances shall be sufficient cause C. The Chief Combustion Inspector shall be appointed for revocation or suspension of the license or permit. by the Commissioner of Police as special patrolmen to § 94-20. Definitions. aid them in the performance of any duty or right of As used in this chapter, the following terms shall have inspection under this chapter. the meanings indicated: § 94-16.1. (Reserved) EN [BOILER -- A closed vessel in which water is heated, § 94-17. Licensing of stationary engineers and steam is generated, steam is superheated or any refrigeration operators required; exceptions. combination thereof, under pressure or vacuum, for use A. Every person within the limits of the City of Buffalo in externally to itself by the application of heat from charge of or operating any power-developing unit or combustible fuels, electricity, nuclear energy or any units as defined in this chapter and not specifically other source. The term "boiler" shall include the accepted herein must hereafter be licensed. The Chief apparatus used by which heat is generated and all shall, within a reasonable time after the filing of a controls and devices related to such apparatus or to the written application, notify the applicant to appear at a closed vessel. The term "boiler" also shall include fired time and place designated for examination. If such units for heating or vaporizing liquids other than water applicant shall, after a written and practical where these units are separate from processing examination, give satisfactory proof of his qualifications systems and are complete within themselves. as a stationary engineer or refrigeration operator, he PLANT or POWER PLANT -- Any power-developing shall receive from the Chief a proper qualifying permit unit or units and their connected auxiliary equipment authorizing the Commissioner of Permit and Inspection located on the same general property site of the same Services to issue a license to such applicant as owner and constituting a power plant as a whole.] provided by this chapter and authorized by such permit. POWER-DEVELOPING UNIT: B. The provisions of this chapter are not applicable to A. A boiler, or battery of boilers, of any horsepower engineers of duly incorporated steam railroads while where the safety valve or valves are set to operate in engaged in running or operating the locomotive engines excess of 15 pounds per square inch. B. Any stationary steam engine of 30 or more POWER DEVELOPING UNITS horsepower, singly or combined. A. Hot water heating boiler, 75 horsepower singly, or C. Any internal-combustion engine of over 500 battery of boilers of 125 horsepower combined, in horsepower. which no steam is generated from which hot water D. Any steam- or internal-combustion-engine crane of is circulated for heating purposes and returned to the locomotive type of 30 or more horsepower, except the boiler, and which operates at a pressure not an internal-combustion-engine crane used within the exceeding 160 psi or a temperature of 250 confines of industrial premises or in the course of degrees Fahrenheit at or near the boiler outlet. regular industrial operation. B. High Temperature Water Boiler or Battery of E. Any stationary steam turbine of 100 or more boilers of any horsepower, which is completely horsepower, singly or combined. filled with water intended for the operation at F. A device, apparatus or machine used singly or pressures in excess of 160 psi or temperatures in combined to operate ammonia or carbon dioxide excess of 250 degrees Fahrenheit. refrigerating units over 60 horsepower or over 100 C. Low pressure steam boiler, 75 horsepower singly, horsepower using freon or similar refrigerant. or battery of boilers of 125 horsepower combined, G. A boiler, or battery of boilers, of 30 or more in which steam or other vapor is generated at a horsepower, singly or combined, where the safety pressure of less than 15 psi and on which the valves are set to operate at a pressure of 15 pounds safety valve(s) are set at a pressure not exceeding per square inch or less, when used in public buildings 15 psi. or industrial processes not otherwise exempted in this D. High Pressure Steam Boiler or Battery of Boilers chapter or when used in any building where the return of any horsepower, in which steam or other vapor or circulating pump or pumps, singly or combined, is generated at a pressure of more than 15 psi, connected to such boiler or battery of boilers are more and on which the safety valve(s) are set at a than five horsepower. pressure exceeding 15 psi. POWER PLANT AS A WHOLE -- Limited to not more E. A device, apparatus or machine used singly or than three buildings, containing integrated and combined to operate ammonia or carbon dioxide connected power-developing units. Such buildings may refrigerating units over sixty (60) tons or over one be separated by roadways or passageways and located hundred (100) tons using freon or similar within a reasonable distance of one another and must refrigerant. be easily and readily accessible to one another. F.A hot water, steam boiler or pressure vessel of 125 or Firebreaks having approved fire doors for easy and more horsepower, which ready access from one power-developing unit to received its source from co-generation. another within the confines of the enclosing walls of a TON OF REFRIGERATION - The mechanical building shall not constitute separate buildings. extraction from any substance of 12,000 British thermal [PUBLIC BUILDING -- Any building or part thereof used units per hour. as a theater, auditorium, dance hail, skating rink, § 94-21. License renewal; scope of authority of assembly hall, school, church, hospital, waiting room, engineer or operator. exposition and exhibition hall, building used for the sale All licenses must be renewed biennially, and no of articles of general merchandise, hotel, motel, licensed engineer or refrigeration operator shall apartment house, lodging house, factory, restaurant, maintain or operate more than one power plant as a tavern or other drinking place, public laundry, office whole. Nothing herein contained shall be construed to building and other building to which the public resort limit the operation of more than one power-developing and public hall, including any place regularly used by unit by a properly rated engineer or refrigeration the public for meetings or assembly for the purposes of operator where the same are operated or maintained amusement, instruction or religious worship.] independently of each other in the same building or BOILER - A closed vessel in which water is heated, buildings constituting a power plant as a whole. The steam is generated, team is superheated or any required rating of the engineer shall be determined by combination thereof, under pressure or vacuum, for use the total horsepower of the power-developing units, externally to itself by the application of heat from except refrigeration power-developing units, other than combustible fuels, electricity, nuclear energy or any steam driven, maintained or operated by him. other source. The term "boiler" shall include the §94-22. License fees. apparatus used by which heat is generated and all A. A fee as provided in Chapter 175, Fees, shall be controls and devises related to such apparatus or to the collected by the Commissioner of Permit and Inspection closed vessel. The term "boiler" also shall include fired Services for issuing an original license, expiring two units for heating or vaporizing liquids other than water years from date of issuance, authorized by a qualifying where these units are separate from processing permit of the Chief. A holder of a license under this systems and are complete within themselves. chapter who later qualifies for an additional license CO-GENERATION - The simultaneous production of hereunder shall not be required to again pay such an power/electricity, hot water, and/or steam from a fuel original fee. Persons licensed as stationary engineers source. or refrigeration operators at the time of the effective PLANT OR POWER PLANT - Any power developing date of this chapter shall be exempt from payment of unit or units located on the same general property site the original license fee, except those failing to properly of the same owner. Such buildings may be separated b renew the license or who have hereafter suffered a roadways or passageways and located within a revocation of the license. reasonable distance of one another and must be B. Biennial renewal fees for licenses shall be as easily and readily accessible to one another. Firebreaks provided in Chapter 175, Fees. Such fees shall be having approved fire doors for easy and ready access collected for each biennial renewal thereof by the from one power-developing unit to another within the Commissioner of Permit and Inspection Services confines of the enclosing walls of a building shall not authorized by a qualifying permit of the Chief and the constitute separate buildings. surrender of the previous year's engineer's or refrigeration operator's license. shall authorize the Commissioner of Permit and C. Whenever any person is qualified to receive a Inspection Services to issue a special engineer's license as an engineer under this chapter and is license to such applicant as provided herein and employed by the City of Buffalo on a part-time basis for authorized by such permit, upon payment of the proper a period not in excess of 90 days, the payment of fees fee therefore. for the issuance or renewal of such license shall be (5) A refrigeration operator's qualifying permit of the waived. Such license shall be in full force and effect proper grade shall be issued by the Chief to applicants only during the period said person is employed by the in the manner following: City of Buffalo; and upon termination of said (a) A chief refrigeration operator shall be such employment, said person shall forthwith surrender to operator who is found competent by proper written and the Commissioner of Permit and Inspection Services practical examination as to his qualifications to operate said license if issued without the payment of the feeany horsepower of refrigeration power-developing units, therefore. other than steam driven, and who has had three years' practical experience as a first class refrigeration D. There shall be an examination fee as provided in operator or a first class stationary engineer. Chapter 175, Fees, which each applicant must pay in (b) A first class refrigeration operator shall be such order to take an examination for a license to be issued operator who is found competent by proper written and under the provisions of this chapter. practical examination as to his qualifications to operate §94-23. Classification and qualifications of engineers 225 [horsepower] tons of refrigeration power- and developing units, other than steam driven, and who has OPERATORS had two years' practical experience as a second class A. All persons licensed under the provisions of this refrigeration operator or a second class stationary chapter as engineers or refrigeration operators shall be engineer. classified and graded according to the horsepower and (c) A second class refrigeration operator shall be such pressure of a power-developing unit or units, or any operator who is found competent by proper written and combination of such, constituting a power plant of which practical examination as to his qualifications to operate they shall be found competent, by due written and /or 150 [horsepower] tons of refrigeration power- practical examination, to take charge of or operate, developing units, other than steam driven, and who is at namely, chief engineers, first class engineers, second least [21] 19 years of age and who has had at least one class engineers, special engineers, chief refrigeration year's experience in the repair, maintenance or operators, first class refrigeration operators and second operation of refrigeration equipment [plus] or two years class refrigeration operators. of approved mechanical and/or electrical experience or (1) Chief engineers shall be engineers who are found who has graduated from a recognized technical school competent to take charge of or operate a power plant of and has had one year's satisfactory experience on any horsepower and pressure. Every applicant for a refrigeration power-developing units. license as a chief engineer must pass a written and B. Any person holding an engineer's license under practical/or examination as to his qualifications and the provisions of this chapter may also hold any grade prove to the examiner that he had three years' actual of refrigeration operator's license for which he can experience as a duly licensed first class engineer. qualify by written and practical examination as to his (2) Every applicant for a license as a first class qualifications and experience on refrigeration power- engineer must pass a written and /or practical developing units. examination as to his qualifications and prove to the C. Any person not heretofore required to be licensed Chief that he has been duly licensed as a second-class and who at the time that this chapter shall become engineer for the period of one year immediately effective has been employed in the operation of or in proceeding. Persons duly licensed as first class charge of a power-developing unit or units within the engineers shall have authority to take charge of and scope of this chapter shall, upon application, be granted operate any power plant or power-developing unit or an engineer's or refrigeration operator's license for a units not exceeding [150] 299 horsepower and not similar type of power-developing unit or units of similar exceeding 225 [horsepower] tons of refrigeration brake or rated horsepower to that upon which he is power-developing units, other than steam driven. employed at the time this chapter takes effect. (3) Every applicant for a license as a second class D. In order for any such person not now duly licensed engineer must be at least [21 ] 19 years of age, have and not excluded by the provisions of this chapter to be had at least one year's experience in the operation of granted such a license, it will be necessary for him to boilers and/or power plant equipment [and, in addition] prove, to the satisfaction of the Chief by documentary or, must have had at least two years of approved evidence in affidavit form, that he has had satisfactory mechanical and/or electrical experience, or such actual experience in the operation of or in charge of a applicant must have graduated from a recognized similar type of power-developing unit or units of a technical school and have had at least one year's similar brake or rated horsepower to the unit or units in satisfactory experience. Persons duly licensed as the operation of or in charge of which he has been second-class engineers shall have the authority to take employed. charge of and operate any power-developing unit or E. Such licenses shall only be granted during a period units not exceeding [ 100] 175 horsepower and not of 90 days following the effective date of this chapter; exceeding 150 [horsepower] tons of refrigeration except, however, that such licenses granted during power-developing units [,]: [other than steam driven.] such ninety-day period may be renewed by the holders (4) A special engineer's qualifying permit [shall] may thereof from year to year in the same manner as be issued by the Chief to the operator, limited to provided for in the issuance of other licenses under this designated premises, of a steam engine, steam boiler chapter. or boilers or other power-developing unit, not exceeding F. Engineers duly licensed by the authorities of the a total of [200] 125 boiler horsepower where the safety United States as marine engineers who desire a license valve or valves are set to operate not over a pressure of to operate power plants within the limits of the City of 125 pounds per square inch. Such qualifying permit Buffalo must pass an examination as to their the provisions of this chapter shall have their licenses qualifications to operate power plants on land of a suitably framed, under glass, and hung up in a grade equal to that of which they hold a license from conspicuous place at or near their power-developing the government of the United States. unit. G. Every applicant for an engineer's or refrigeration § 94-26. Plants in continuous operation. operator's license whose experience was gained A. Where a power plant is in service regularly day and elsewhere than in the City of Buffalo must prove to the night, in the absence of the chief engineer, the assistant satisfaction of the Chief that he has had the same total engineers must hold first class engineer's license if the number of years of experience as is required from plant exceeds [ 150] 299 horsepower. However, applicants in the City of Buffalo. [Amended 12-9-2003, second-class engineers may be employed on the same effective 12-19-2003] watch with the chief engineer. H. An applicant for a locomotive engineer's license as B. No power-developing unit or units shall be left an engineer on internal-combustion locomotive engines unattended and without a properly licensed engineer or must be at least 19 years of age and have had at least refrigeration operator of the required grade present at, one year's experience in the repair, operation or while power developing unit/or units are in operation. maintenance of internal-combustion engines, and, in C. One chief engineer may be in charge of more than addition, he shall present a letter from his employer one power plant as a whole on a general property site attesting to his capabilities as a locomotive engineer; or of the same owner. he must be a least 21 years of age and have had at [D. The provisions of this section are not applicable to least three years' experience in the repair, operation or hot-water heating boilers operating not in excess of 30 maintenance of internal-combustion engines, one year pounds per square inch when used for agricultural of which must have been on internal-combustion purposes.] locomotive engines. D. The provisions of this section are not applicable to § 94-24. Exemptions; conditions for unfired power developing units used for heating purposes only pressure vessels. as defined in section 20 A & C of this section. Which A. The following shall be exempted from the chapter may be supervised by a Second Class provisions of this chapter: Engineer, if such power developing units are (1) Miniature boilers not exceeding 16 inches inside supervised daily by/t properly licensed engineer. diameter of the shell, 42 inches overall length of outside Supervised daily shall mean actual attendance a to outside of the heads at center, 20 square feet of minimum of 8 hours in each 24 hour period while power water-heating surface and maximum allowable working developing units are in continuous operation. pressure of 100 pounds per square inch. [§ 94-27. Continuation of existing licenses; (2) Unitary or self-contained air-conditioning units renewals. used for domestic, commercial or industrial purposes, A. All engineers or refrigeration operators duly singly or combined. All units over 122 horsepower, licensed at the time of the effective date of this chapter singly or combined, up to a capacity of 60 horsepower, shall be granted licenses of the same grade without using ammonia or carbon dioxide refrigerants, or up to examination. Each license heretofore issued under the a capacity of 100 horsepower using freon or similar Code of the City of Buffalo for engineers or refrigeration refrigerants shall be equipped with safety devices, as operators shall continue until the expiration date of such follows: license, after which time the provisions of this chapter [(1)] (A) Where water condensers are used: low-water shall apply. cutout and/or high-pressure cutout, and low-voltage B. If a license issued under this chapter is not renewed protection devices. by the licensee within one year of the expiration date [(2)] (B) Air-cooled condensers: the same safety thereof, the licensee will be required to take and pass a devices except low-water cutouts. new examination. [ 1) Where water condensers are used: low water cutout and/or high pressure cut out, and low voltage § 94-28. Determination of boiler horsepower. protection devices. A. The rated boiler horsepower as used in this 2) Air cooled condensers: the same safety devices chapter shall be determined by: except low water cutouts.] (1) For any boiler or steam generator, the maximum [(3)] (C) Additional safety devices providing similar rated steam-generating capacity per hour for heating ° safety protection that the Chief Combustion Inspector water from and at 212F., divided by 341/2. may order. (2) For water or fire-tube boilers having a drum or B. Conditions for unfired pressure vessels. It shall be drums 18 inches or larger, the rated water-heating the duty of every owner or other person using a surface divided by 10, or for any other steam generator stationary unfired pressure vessel containing a tank or boiler, the rated water-heating surface divided by volume of over 21 cubic feet where the operating five. pressure is over 100 pounds to have the same (3) For hot-water or steam boilers, the rated British inspected by the Chief not less than once in each and thermal unit heat transfer to the water-heating surface every year; provided, however, that any person or per hour, divided by 33,475. owner using such vessel, who shall have had the same B. The conditions above described resulting in the inspected and insured by a duly authorized insurance maximum boiler horsepower rating shall apply, and the company within six months of the time the Chief may determination of the Chief Combustion Inspector shall offer to inspect the same, which shall be evidenced by govern the horsepower rating of such steam generator a certificate to be filed with the Chief within one month or boiler. after such inspection shall occur or insurance shall § 94-29. Licensing of hoisting engineers; exemptions. attach, shall not be required to comply with the A. No person except as hereinafter provided shall provisions of this subsection. operate in the City of Buffalo any hoisting or portable § 94-25. Display of license. machines or apparatus in connection with construction, Engineers or refrigeration operators duly licensed under alteration, erection or demolition of buildings in the City of Buffalo without first having obtained the license machine or apparatus without first having obtained the provided for herein. license herein required and any person, firm or B. Any other person desiring to operate in the City of corporation who or which employs or permits any Buffalo any hoisting machine or apparatus in unlicensed person to operate any power-developing connection with construction work or building unit or hoisting machine or apparatus contrary to the operations should make application to the Chief provisions of this chapter shall be liable to a fine or Combustion Inspector in writing, duly verified, giving penalty as provided in Chapter 1, Article III, of this such information as to age, residence, experience and Code. knowledge in hoisting machines and the operation of Any person who shall violate any other provisions of motors used in running such hoisting machines as the this chapter shall be liable to a fine or penalty as Commissioner shall prescribe. If such application provided in Chapter 1, Article III, of this Code. shows the person to be presumptuously capable of It is hereby certified pursuant to Section 3-19 of the operating a hoisting machine or apparatus, the Chief Charter of the City of Buffalo, that the immediate may require such tests or further examination as, in his passage of the foregoing ordinance is necessary. judgment, are reasonably necessary to demonstrate the APPROVED AS TO FORM applicant's ability to operate such hoisting machine with Note: Matter in Brackets to be deleted, matter safety to property and the lives and limbs of persons underlined is new working around or passing by such machines and the REFERRED TO THE COMMITTEE ON LEGISLATION motors by which such machines are operated. If upon such examination such applicant is found to possess NO. 129 the necessary qualifications to operate such hoisting BY: MR. COPPOLA: machine or apparatus and the engine or motor by which BOND RESOLUTION the machine is driven, the Chief shall issue to him a NEIGHBORHOOD REDEVELOPMENT qualifying permit authorizing the Commissioner of ACCOUNT 3000-65 Permit and Inspection Services to issue to said Bond Resolution of the City of Buffalo, New York,, applicant a hoisting engineer's license authorizing him authorizing the issuance of $3,500,000 General to operate in the City of Buffalo a hoisting machine, for Improvement Bonds of said City to finance the cost of which license the applicant shall pay the sum as the demolition of various City-owned buildings, at the provided in Chapter 175, Fees. estimated total cost of $3,500,000. C. Each license, unless sooner revoked, shall expire The Common Council of the City of Buffalo, in the one year from the date on which it is issued, and for a County of Erie, New York, hereby resolves (by the renewal thereof the licensee shall pay the sum as favorable vote of not less than two-thirds of all the provided in Chapter 175, Fees. Any misstatement members of said Common Council) as follows: concerning the material facts contained in the Section 1. The Comptroller of the City of Buffalo, in the application shall be sufficient cause for the revocation County of Erie, New York, is hereby authorized and of such license. directed to issue General Improvement Bonds of said The provisions of this section shall not apply to: City in the principal amount of Three Million Five (1) The operation of elevators permanently Hundred Thousand Dollars ($3,500,000), pursuant to installed for regular use in any the provisions of the Charter of said City and the Local building. Finance Law, constituting Chapter 33-a of the (2) Any hoisting machine operated by muscular Consolidated Laws of the State of New York (the power. "Law"), to finance the cost of the demolition of various (3) Any hoisting machine operated by an engine City-owned buildings. The estimated total cost of said or motor of five horsepower class of objects or purposes for which the bonds or less. authorized by this resolution are to be issued, including (4) Transit concrete mixers, welding units, overhead preliminary costs and costs incidental thereto and the traveling cranes, gantry cranes, shop or plant financing thereof, is $3,500,000 as set forth in the duly trucks, shop or plant hoists or any motor vehicle adopted 2005 Capital Improvements Budget of said licensed subject to the New York State Vehicle City, as amended.. and Traffic Law. Section 2. The proceeds of the sale of the bonds E. Any person operating any hoisting machine or authorized by this resolution, or any bond anticipation apparatus in connection with construction work shall at notes issued in anticipation of the sale of said bonds all times carry upon his person while so engaged the shall be deposited in the Capital Projects Fund to the license issued to him. credit of the Department of Permits and Inspections, § 94-30. Replacement of lost licenses or certificates. Division of Housing and Enforcement, "Neighborhood Where it is provided by this chapter for the issuance of Dev. Site Prep, 2005, Bond Authorization Account No. any license or certificate by the Commissioner of Permit 3000-65, and shall be used for the specific object or and Inspection Services, and any such license or purpose specified in Section 1 of this resolution certificate becomes lost or destroyed through no fault of .Section 3. The City intends to finance, on an interim the owner or holder thereof, and a duplicate is desired, basis, the costs or a portion of the costs of said objects said Commissioner of Permit and Inspection Services or purposes for which bonds are herein authorized, upon the filing with him of an affidavit reciting the which costs are reasonably expected to be incurred by circumstances of such loss or destruction and upon the the City, pursuant to this Bond Resolution, in the payment of a fee as provided in Chapter 175, Fees, maximum amount of $3,500,000. This Resolution is a may issue a duplicate license or certificate in place of declaration of Official Intent adopted pursuant to the the lost or destroyed license or certificate to the person requirements of Treasury Regulation Section 1.150-2. thereto as such owner or holder aforesaid. Section 4. The following additional matters are hereby § 94-31. Penalties for offenses. determined and stated: Any person operating in the City of Buffalo a power-(a) The period of probable usefulness applicable to the developing unit, as defined in this chapter, or a hoisting class of objects or purposes for which the bonds authorized by this resolution are to be issued within the (a) The [executive director] Commissioner of strategic limitations of Section 11.00 a. 12-a of the Law, is ten planning shall hold a post-baccalaureate degree in (10) years. business management, public administration, public (a) finance, or planning from an accredited college or (b) Current funds are not required by university, or at least ten years of experience in those the Law to be provided as a down payment prior to the fields and shall have at least five years of supervisory issuance of the bonds authorized by this resolution or experience in public administration, which may include any bond anticipation notes issued in anticipation a senior management position in strategic planning. thereof in accordance with Section 107.00 d. 9. of the (b) The [executive director] Commissioner of strategic Law. planning shall be appointed by the mayor and subject to Section 5. Each of the bonds authorized by this confirmation by the Common Council. [and] The resolution and any bond anticipation notes issued in Commissioner of Strategic Planning may be removed at anticipation of the sale of said bonds and the renewals will by the mayor. of said notes shall contain the recital of validity § 19A-3. Powers and Duties of the [Executive Director] prescribed by Section 52.00 of the Local Finance Law. Commissioner of Strategic Planning. Said bonds and said notes shall be general obligations The [executive director] Commissioner of strategic of the City of Buffalo payable as to both principal and planning shall: interest by a general tax upon all the taxable real (a) Prepare for the mayor a proposed annual four-year property within said City without limitation as to rate or strategic plan of the city as described in this charter. amount. The faith and credit of said City are hereby (b) Coordinate the planning of the various city irrevocably pledged for the punctual payment of the departments and agencies. This shall not impair the principal of and interest on said bonds and said notes. powers of the governing bodies or officers of any of Provision shall be made annually by appropriation by these entities. said City for the payment of interest on and for the (c) Convene a quarterly joint meeting of the following amounts required for the amortization and redemption officers to assist in the development and of said bonds and said notes. implementation of the four year strategic plan: the Section 6. The validity of the bonds authorized by this mayor, city comptroller, the chairman of the Buffalo resolution or any bond anticipation notes issued in urban renewal agency, and the chief executive officers anticipation of the sale of said bonds may be contested of the local development corporations mentioned in only if: section 19-2 of this charter. The quarterly joint meeting Such obligations are authorized for an object or shall also include, with the consent of their respective purpose for which the City of Buffalo is not authorized governing bodies, the president of the board of to expend money, or education, the superintendent of schools, the chair of The provisions of law which should be complied with at the Buffalo municipal housing authority, and the chair of the date of the publication of this resolution are not the Buffalo sewer authority. substantially complied with, (d) Adopt rules or procedures to facilitate the and an action, suit or proceeding contesting such preparation and implementation of the four-year validity, is commenced within twenty days after the date strategic plan. of such publication, (e) Prepare for the mayor a capital budget and a capital or improvement program pursuant to section 20-24 of this (c) Such obligations are authorized in violation of the charter. provisions of the constitution. (f) Prepare for the mayor an annual management plan Introduced and report pursuant to section 19-5 of this charter. LAID ON THE TABLE (g) Supervise the directors of the division of zoning and By Mr. Coppola land use planning, division of environmental affairs, No 130 division of development and division of City of Buffalo intergovernmental relations. Local Law No _______ ( 2005) (h) Refer appropriate matters to the environmental Introductory No. 1 (2005) management commission, the planning board and the A LOCAL LAW That Article 6 of the Charter of the City Buffalo preservation board request their advice, receive of Buffalo, establishment of the Office of Strategic and take appropriate action upon their reports and Planning Commissioner adopted pursuant to law, is recommendations and integrate them into the city's hereby amended as follows: strategic planning. BE IT ENACTED BY THE COMMON COUNCIL OF (i) Exercise all the duties conferred upon him or her by THE CITY OF BUFFALO AS FOLLOWS: provision of the charter and have such other powers Section 1: That Article 19A of the Charter of the City of and duties as may be granted by local law or ordinance. Buffalo, adopted pursuant to law, is hereby created as §19A-4 Division of Zoning and Land Use Planning. follows: There shall be a division of zoning and land use § 19A- 1 . Establishment of the Department [Office] of planning within the [office] department of strategic Strategic Planning. planning, which division shall be headed by the director [There shall be an office of strategic planning within the of zoning and land use planning. executive department. The head of the office of § 19A-5. Qualifications and Appointment of Director of strategic planning shall be the [executive director] Zoning and Land Use Planning. Commissioner of strategic planning.] The The director of zoning and land use planning shall hold Commissioner of the Department of Strategic Planning a baccalaureate or post baccalaureate shall be the head of the Department of Strategic degree in planning or in a related professional field from Planning. an accredited college or university, and have at least § 19A-2. Appointment and Qualifications of the two years experience as a planner, or equivalent [Executive Director] Commissioner of Strategic qualifications which are acceptable to the [executive Planning. director] Commissioner of strategic planning. The director of zoning and land use planning shall be such as solid waste disposal, wastewater treatment, appointed by the [executive director]Commissioner of land acquisition, or demolitions. strategic planning and may be removed by the (f) Monitor city compliance with federal, state [executive director] Commissioner of strategic planning. and local laws and regulations. § 19A-6. Powers and Duties of the Director of Zoning (g) In cooperation with the division of and Land Use Planning. intergovernmental relations, maintain liaison with The director of zoning and land use planning shall: federal, state, local and regional agencies, and (a) Supervise, manage and be responsible for the with agencies of the government or provinces of affairs and activities of the division of zoning and land Canada concerned with environmental use planning. management, including among others water (b) Advise and otherwise assist the [executive resources boards, environmental management director] Commissioner of strategic planning, the councils and environmental quality control mayor, the common council, the city planning board, agencies. the citizens planning council, the environmental (h) Serve as chief administrator of the management commission, the Buffalo landmark and environmental management commission. preservation board, and other departments or agencies (i) Exercise such other powers and perform such other of the city in respect to planning matters, and upon duties as may be conferred on the director of written request provide information and particulars as to environmental affairs by provisions of this charter or by such matters and provide them with such reports, state or local laws or ordinances. studies, plans, surveys, or other data as may be Division of Development necessary for the discharge of their duties. § 19A-9. Director of Development; Qualifications. (c) Review all city-sponsored capital program The head of the division of development shall be the projects. director of development. The director shall hold a (d) Assist the planning board in the preparation of a baccalaureate degree from an accredited college or comprehensive or master plan for the city, such special university in economics, urban development, planning, area or other plans as it may be called upon to prepare. public administration, or related professional fields, and (e) Prepare such community development block grant two years' experience in planning and/or programming consolidated plans as may be required by the United or related fields, qualifications reasonably equivalent States department of housing and urban development. which are acceptable to the [executive director] (f) Collect and maintain a comprehensive database for Commissioner of strategic planning. Said director shall planning, program management and evaluation. be appointed and may be removed by the [executive (g) Provide for the regulation and improvement of director] Commissioner of strategic planning. private and public development based on city and state Section 2. Insofar as the provisions of this local law legislation. are inconsistent with the provisions of any other local (h) Exercise such other powers and perform such other law or act, the provisions of this local law shall be duties as may be conferred upon the director of controlling. planning by the provisions of this charter, or by state or Section 3. This local law shall take effect January 1, local laws or ordinances. 2006. § 19A-7. Division of Environmental Affairs. APPROVED AS TO FORM There shall be a division of environmental affairs within NOTE: Matter in brackets [ ] to be deleted; matter the [office] department of strategic planning, headed by underlined is new. a director of environmental affairs. REFERRED TO THE COMMITTEE ON LEGISLATION {} 19A-8. Powers and Duties of the Director of the environmental Affairs. By: Mr. Coppola: The director of the environmental affairs shall: NO. 131 (a) Supervise and manage the division of City of Buffalo environmental affairs. Local Law No. -- (2005) (b) Review all city environmental remediation and Introductory No. "2 (2005) enhancement programs, and assist the mayor or other A LOCAL LAW That Article 18 of the Charter of the City city departments or agencies and recommend to the of Buffalo, establishment of the Office of Strategic council, mayor or other officers or departments of the Planning Commissioner adopted pursuant to law, is city such measures as may be necessary to effect hereby amended as follows: environmental remediation or enhancement. BE IT ENACTED BY THE COMMON COUNCIL OF (c) Provide technical assistance and support, THE CITY OF BUFFALO AS FOLLOWS: including reports, studies, plans, surveys, or other data Section 1: That Article 18 of the Charter of the City of for, and otherwise assist, the common council, mayor, Buffalo, adopted pursuant to law, is hereby amended as executive director of strategic planning, the city follows: departments and agencies, and the environmental § 18-23. Powers and Duties of the Citizens Planning management commission, in matters relating to Council. environmental concerns of the city, including any The citizens planning council shall: remediation or enhancement programs to be (a) Recommend to the [executive director] undertaken by the city. Commissioner of strategic planning a four-year capital (d) Supervise the preparation by the appropriate city program, and review and assess the capital program as departments or of environmental assessment forms, finally adopted. and environmental impact statements, and coordinate (b) Review and assess the city's progress on the four with other city and state or federal departments or year strategic plan and make public an annual report agencies regarding the designation of lead agencies in which shall: state environmental quality review procedures. (i) evaluate the city's progress on the previous (e) Advise city departments or agencies in connection four year strategic plan; with environmental impacts of various city activities (ii) identify and comment upon modification of the four year strategic plan from the current year to the Unreserved/Designated Fund Balance for ensuing year; Reengineering Agreements. (iii) describe how the capital budget, as That, the comptroller be and hereby is authorized and adopted, varies from the four year capital program; directed to increase the appropriation estimates of (iv) assess the fiscal, economic and social and accounts: environmental impacts of the annual capital budget, as FROM finally adopted, and its effect on the four year capital 10700096 - 397000 Unres/Designated Fund Balance program and the four year strategic plan; for Reengineering Agreements $6,530,000 (v) review the mayor's annual management plan and To: report, and assess the performance of each department 17523008 - 489130 Transfer out to Capital Project against the objectives stated in the previous years' $6,530,000 report; and From: (vi) review this charter periodically and report the 17523008 - 489130 Transfer out to Capital Project extent of city government's compliance with the charter. $6,530,000 Section 2. TO provisions of any other local law or act, the provisions 30062106 - 445100 Main/Mercer Firehouse Rehab of this local law shall be controlling. $1,440,000 Section 3. This local law shall take effect January 1, 30062206-445100 Delavan/Fillmore Fire House 2006. Acquisition & Construction $2,340,000 APPROVED AS TO FORM 30062306 -445100 Elmwood/Hertel Fire House NOTE : Matter in brackets [ ] to be deleted; matter Acquisition & Construction $2,750,000 underlined is new. PASSED REFERRED TO THE COMMITTEE ON LEGISLATION AYES – 7 NOES – 2 AYES – BONIFACIO, COPPOLA, FONTANA, NO. 132 FRANCZYK, GRIFFIN, RUSSELL AND THOMOPSON Sponsor: Mr. Coppola – 7 Subject: 2005 Career & Technical NOES – DAVIS AND GOLOMBEK – 2 Education Week WHEREAS: Students and faculty in career and NO. 134 technical education programs across the nation will be Sponsored by: Brian C. Davis celebrating National Career & Technical Education RE: Grant Application for the New York State Week from February 13 until February 19, 2005; and Department of State, Quality Communities Program, WHEREAS: CTE Week is a commemoration of career 2004-2005: Infrastructure for Queen City Livability and technical education programs around the country The State of New York Department of State recently and was initially sponsored by a Congressional unveiled a $1 million Quality Communities competitive Resolution; and grant program to enhance opportunities and incentives WHEREAS: Currently, the Buffalo Public Schools for innovative community planning and development of Career and Technical Education offers over 20 implementation tools and strategies that link programs ranging from health occupations to building environmental protection, economic prosperity and trades; and community well-being; and WHEREAS: Career and Technical Education programs Directed by the New York State Department of State, integrate rigorous academics with career and technical this program will fund projects on a competitive, skills, as well as, workplace attitudes and behaviors, reimbursement basis to municipalities; and and include interactive learning activities, mentoring The Office of Strategic Planning welcomes this State programs, internships, and real world experiences; and funding program as it strengthens the goals and WHEREAS: Each year over 6,000 students from objectives for revitalization identified in several recent throughout the City of Buffalo attend Career and planning initiatives undertaken by the City, including the st Technical Education programs which are offered at all Queen City in the 21Century: Buffalo's district High Schools to prepare for employment and Comprehensive Plan; The Queen City Hub: A Regional complete their secondary education Action Plan for Downtown Buffalo; and the Local Now Therefore Be It Resolved: Waterfront Revitalization Plan. In addition, this funding That this Common Council recognizes the valuable would support the goals and objectives for other local service that the Buffalo Public School Career and planning efforts including the Greater Buffalo Regional Technical Education Program provides to the students Transportation Council's 2025 Long Range Plan; the of the City of Buffalo, and thanks all of the educators Buffalo Niagara Medical Campus' Master Plan and who make this program possible for their hard work and Healthy Communities Initiative; and the Ellicott District dedication. Heritage Crescent Plan. ADOPTED The project will Infrastructure for Queen City Livability focus and build upon The Queen City Hub, the NO. 133 Regional Action Plan for Downtown Buffalo. This By: Mr. Davis planning initiative will utilize the five strategic Increased Appropriation investment areas identified in the Queen City Hub and Fund Balance incorporate the Ellicott District Heritage Crescent Capital Projects project as well. The process will include the That, Pursuant to §20-11 of the Charter and the identification of existing infrastructure, development of Certificate of the Mayor and the Comptroller submitted identified improvements and an implementation to the Common Council, the appropriation in the Capital strategy that supports livability through pedestrian and Budget for the current fiscal year, be and the same bicycle access. hereby is increased in the sum of $6,530,000. The This grant application will rely upon the partnership increased appropriation will be met from the between the City of Buffalo, the Wellness Institute of Greater Buffalo, the Buffalo Niagara Medical Campus, PILOT agreement is anticipated as well; and Whereas Buffalo Place Inc., the West Village Renaissance The intent of this project is to create a Group, and the Greater Buffalo-Niagara Regional dynamic urban residential setting for the City by Transportation Council (GBNRTC), to examine the combining commercial and residential space for artists existence of bicycle and pedestrian facilities and the and their families; and connectivity to transit in Downtown Buffalo. Whereas The project will restore an eighty-five year Now, Therefore, Be IT Resolved: old, 80,000 square feet, five story vacant building. The That the Common Council of the City of Buffalo building is a historic building and was formerly the enthusiastically endorses the Infrastructure for Queen "Buffalo Electric Vehicle Co."; and project and calls upon the State of New City Livability Whereas The upper four stories will be converted into York Department of State to give every consideration to loft housing ranging from studio to three-bedroom units. funding this very worthy submission to the Quality The ground floor will be utilized for related commercial Communities Program. uses, possibly gallery space; and ADOPTED Whereas Thirty-six of the sixty units will be located in NO. 135 the rehabilitated Main Street building. The project will By Mr. Davis restore the windows and street storefront entrance to its Discharge Finance Committee original 1911 appearance; and Whereas "Easement Agreement Verizon-Use 3010 Main St" An additional twenty-four units will be placed (Corn #64, C.C.P., January 25, 2005) behind the existing Main Street building, through the Whereas: The above item is currently in the Finance construction of six new two story buildings. The Six two- Committee; and story, masonry & metal sided, flat-roofed buildings will Whereas: It is no longer necessary for this item to be be clustered along the Northampton side of the site to considered by that committee; allow the remaining portion of the site to be developed Now, Therefore Be it Resolved: for parking and private "commons" space for use by That this Common Council does hereby discharge the Artspace's residential occupants; and Finance Committee from further consideration of Item Whereas The objective of Artspace Buffalo is to #64, C.C.P. January 25, 2005, "Easement Agreement develop a new community of creative residents who will Verizon-Use 3010 Main St" and said item is now help to re-energize this underutilized and vacant before the Common Council for its consideration. building, into a vital asset for the City of Buffalo and the Motion by Mrs. Russell The above referenced item is surrounding residential and commercial neighborhood. hereby approved conditioned upon the following: Whereas An important source of financing for this 1. Verizon shall pay the City of Buffalo $1,000 for an project will be tax credits, which are awarded on a easement over city owned property located at competitive basis. 3010 & 3012 Main St. Whereas A showing of support for this project by the 2. If 3010 & 3012 Main St be identified for future redevelopment use, the Niagara Mohawk, Verizon, Buffalo Common Council will assist Artspace in or other responsible party other than the City of pursuing tax credit financing. Buffalo, shall at their expense be responsible for Now Therefore Be It Resolved the cost of relocating the poles, lines or other That the Buffalo Common Council strongly supports the electrical equipment, to allow for the Artspace Buffalo project in its effort to obtain tax credit redevelopment of 3010 and/or 3012 Main St. financing. PASSED ADOPTED AYES – 8 NOES – 1 AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, BONIFACIO, COPPOLA, FONTANA, FRANCZYK, FRANCZYK, GOLOMBEK, RUSSELL AND GOLOMBEK, GRIFFIN, RUSSELL AND THOMPSON – THOMPSON – 8 8 NOES – GRIFFIN – 1 NOES DAVIS – 1 NO. 137 NO. 136 By: Mr. Fontana Mr Davis City of Buffalo Support for Artspace Buffalo Local Law No. -- (2004) Whereas: One of Buffalo's strengths is its many cultural Introductory No. - (2004) assets including theaters, museums and art A LOCAL LAW amending the Charter of the City of galleries; and Buffalo in relation to the establishment of the Office of Whereas: Through the efforts of U.S. Senator Hillary Homeland Security/Emergency Management. Rodham Clinton, Artspace Projects Inc. a national BE IT ENACTED BY THE COMMON COUNCIL OF organization based in Minneapolis that has completed THE CITY OF BUFFALO AS FOLLOWS: fifteen projects throughout the country is interested in Section 1. That Article 14A of the Charter of the City of converting a vacant building in Buffalo into an arts Buffalo, adopted pursuant to law, is hereby created as focused development; and follows: Whereas § 14A- 1. Office of Homeland Security/Emergency The Artspace Buffalo project to be located at Management. 1219 Main Street (near Utica) is intended to be a new This local law shall establish under the Executive mixed use development providing upwards of Sixty low- Department the Office of Homeland income residential units for local artists; and Security/Emergency Management for the City of Whereas 1219 Main Street is privately owned and will Buffalo. be purchased by Artspace. Funding for the project will §14A-2 Homeland Security Commissioner come from Home funds, Block Grant funds, tax credits, This section establishes the position of Homeland foundations, Senator Clinton and private financing, a Security Commissioner. The Homeland Security OR Commissioner shall be appointed b,/the Mayor and applications for funding for emergency management, confirmed by the Common Council. The minimum disaster relief, and civil defense. In addition, the qualifications for this position are as follows: Commissioner shall assist other City departments and a) Master's Degree in Public Administration, Business agencies in obtaining such funding; Administration, Government Management, Industrial g) Operate the City's Emergency Operations Center Engineering, or a closely related field, and four years of (EOC), and manage emergency conditions and full-time responsible experience in public potential incidents that may require a City multi- administration, including research and finance, two departmental, multi agency and/or multi-governmental years of which must have been emergency response; management experience; h) Establish training programs for public safety and b) Bachelor's Degree in Public Administration, Business health, by conducting emergency response drills, to Administration, Government Management, Industrial maintain a high level of preparedness for emergency Engineering, or a closely related field, and six years of situations, and for potential incidents requiring multi- full-time experience in public administration, including departmental and/or multi-agency responses; research and finance, four years of which must have i) Initiate an on-going public awareness campaign to been emergency management experience; ensure the public has access to information regarding OR responses by members of the public to emergency Graduation from High School, GED, or Equivalency conditions and potential incidents. In addition, the Diploma, and eight years of full-time responsible Commissioner will make recommendations to experience in public administration, including research j) improve the City's systems for disseminating and finance, six years of which must have been information to the public, and provide information for emergency management experience; hazard identification and mitigation procedures. The d) An equivalent combination within the limits of A, B, Commissioner shall also provide the public and media and C; and organizations with accurate and timely information e) Possession of a current NYS Driver's License regarding emergency management, planning, response that must be presented at the time of appointment and and hazard mitigation in the City of Buffalo maintained during employment; j) Hold monthly meetings of designated emergency Completion of the Certified Emergency Manager (CEM) response personnel from all City departments and program through the National Coordinating Council on agencies that are determined by the Commissioner to Emergency Management within six months of the date have a direct or support role in the City's management of appointment; and of emergency conditions and incidents that may require g) HAZMAT Technician certification level or a City multi-departmental and/or multi-governmental higher to be presented within six months of the date of response; employment. k) Coordinate with all City departments and agencies to § 14A-3 Powers and Duties of the Homeland Security ensure the development and implementation of Commissioner. emergency response plans in connection with planning The powers and duties of the Homeland Security major City events-; Commissioner shall include, but are not limited to the l) Coordinate with County, State, Federal and other following: governmental agencies to effectuate the purposes of a) Monitor the need for, and coordinate the City's this department; response to all emergency conditions and potential m) Promulgate such rules and regulations as may be incidents which require a City multi-necessary to implement the provisions of this chapter, departmental/agency response, including but not limited subject to review by the Corporation Counsel. to, severe weather, threats from natural hazards and Section 2. Insofar as the provisions of this local law natural disasters, power and other public services are inconsistent with the provisions of any other local outages, labor unrest other than the keeping of the law or act, the provisions of this local law shall be peace, water main breaks, transportation and transit controlling. incidents, hazardous substance discharges, building Section 3. This local law shall take effect immediately. collapses, aviation disasters, explosions, acts of APPROVED AS TO FORM Corporation Counsel terrorism and such other emergency conditions and NOTE: Matter in brackets [ ] to be deleted; matter incidents that affect public health and safety; underlined is new. b) Prepare plans for responding to emergency REFERRED TO THE COMMITTEE ON LEGISLATION conditions and for potential incidents including the implementation of emergency orders issued by the No. 138 Mayor to protect public safety and health. To facilitate Mr. Golombek, the rapid response and mobilization of City Mr. Bonifacio, Mr. Griffin departments/agencies, and to assist Federal, State, RE: Propose Amendments to State Law to Relieve County, and City agency officials with disaster response the City of Buffalo From Provisions That Increase and mitigation; Costs for the City c) Serve as the City of Buffalo's Radiological Defense Whereas: The Buffalo Fiscal Stability Authority (BFSA) Officer; has been reviewing and analyzing the financial plans d) Direct and supervise the Emergency Preparedness submitted by the City of Buffalo in search of ways to Volunteer Program; help alleviate the ongoing fiscal crisis; and e) Advise City departments on their emergency plans, Whereas: As there are no new revenues available for and coordinate interdepartmental activities; the City of Buffalo and the BFSA is charged with Make recommendations to the Mayor concerning the assisting the City in a manner that does not require City's emergency response capabilities and capacity to additional State aid, one way to help the City of Buffalo address potential emergency conditions and potential is to find ways to help it economize and reduce costs incidents, which will include reviewing proposed and wherever possible; and adopted Federal, State and County legislation, Whereas: The following legislation if enacted by the State Legislature and the Governor would help the City Commissioner Allen indicated that he had a ranking list to reduce costs: for Community Based Organizations and a Exemption from the Wicks Law to allow for the selection recommended funding list, please provide the list. of one general contractor to oversee the construction of What amount does BERC and BNRC contribute new firehouses, which could save the City 10% to 30% towards employee pensions, after what period of time in construction costs; do employees vest in the pension? What is the process Sharing of sales tax revenue which is being retained by of hiring employees for BURA, BERC & BNRC? Be It Erie County. Further Resolved That this item is referred to the Office Allowing greater flexibility in utilizing bond funds for of Strategic Planning and Commissioner Don Allen for a demolitions. Legislation sponsored by Senator response. Stachowski and Assembly Majority Leader Paul Tokasz Be It Finally Resolved is currently pending. That this item is referred to the Community Change State law to allow potential owner occupants to Development Committee for further consideration and bid first on properties being sold at City tax or discussion. foreclosure auctions. Placing properties in the hands of REFERRED TO THE COMMITTEE ON COMMUNITY real estate speculators and not owner occupants DEVELOPMENT AND THE DIRECTOR OF increases costs to the City in the long run. STRATEGIC PLANNING Exempt City of Buffalo contractors from having to pay an asbestos notification fee to the State for demolishing No. 140 buildings that contain asbestos. The City or City Griffin contractors perform all testing and removal work, and RE: City Clerk's Office Consulting Contract the State simply collects the fee which adds at least Whereas: The 2004-05 approved City budget contains $2,000 to the cost of demolitions. $30,000 to pay for a consultant to the City Clerk's Have school board elections held in November instead Office; and of May. The City incurs expenses for holding elections; Whereas: Upon information and belief the City Auditor a separate school board election costs the City and the Human Resources Commissioner have additional dollars. expressed concerns regarding paying for the Change State law regarding liquor licenses. The cost contemplated consulting services; and for a two-year liquor license for a Buffalo business is Whereas: Given that questions have been raised, the $3,100, while suburban businesses pay $1,500. The Council should formally hear from the City Auditor, and current inequity in liquor license fees should be the Human Resources Commissioner as to their corrected, which will have a positive impact for many concerns regarding this consulting contract. small businesses in Buffalo. Whereas: The Council has expressed concerns in the Now Therefore Be It Resolved past regarding the number of consulting contracts being That the Buffalo Common Council supports the State issued by City government. As such it is important that taking action to assist the City of Buffalo with the above the Council be made completely aware of the items, which do not require additional State aid. consulting services to be provided and whether there is Be It Further Resolved truly a need for such services to be provided. That copies of this resolution be forwarded to the Now Therefore Be It Resolved: members of the Western New York State Delegation That this item is referred to an appropriate Committee and the BFSA. of the Council to hear the concerns of the City Auditor, REFERRED TO THE COMMITTEE ON LEGISLATION the Human Resources Commissioner, and the City Clerk. NO. 139 REFERRED TO THE COMMITTEE ON FINANCE, THE Sponsor: Mr. Golombek, Mr. Griffin CITY CLERK, THE COMPTROLLER AND THE RE: Unanswered Block Grant COMMISSIONER OF HUMAN RESOURCES Budget Questions Whereas: The Council recently completed several days No. 141 of reviewing the Mayor's submitted Community BY: Ms. RUSSELL Development Block Grant Budget (CDBG) through BUDGET AND PERSONNEL AMENDMENT special Community Development Committee meetings; 55 - DEPARTMENT OF COMMUNITY SERVICES and 1301 - DIVISION OF ADMINISTRATION Whereas: During these Community Development The Common Council of the City Of Buffalo does ordain Committee meetings many questions were raised and as follows: not all of the requested information has been provided; That part of Section 1 of Chapter 35 of the Code of the and City of Buffalo, relating to 55 - Office of Community Now Therefore Be It Resolved: Services, 1301 - Division of Administration, which That the following information still needs to be provided: currently reads: A listing of prior CDBG budget years unexpended 1 Coordinator of Lighted Schoolhouse Program funds; $ 31,791 - $ 36,193 A listing of all housing and business loans provided by 1 Assistant Coordinator Lighted Schoolhouse Program the City, BURA, BERC, BNRC during calendar year $ 28,449 - $ 31,955 2004. Please provide names and addresses for Is hereby amended to read: individuals and businesses that actually received funds. 1 Coordinator of Youth Programs A listing of public service funded agencies that did not $ 31,791 - $ 36,193 expend funds during the year 30 CDBG budget. 1 Assistant Coordinator of Youth Programs How are the administrative dollars for housing rehab $ 28,449 - $ 31,955 determined and where do the funds come from? IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of How much was spent on HOME funds in CDBG budget the Charter, that the immediate passage of the years 28, 29, and 30? foregoing ordinance is necessary. We, DONALD O. ALLEN, COMMISSIONER OF Whereas: With the merger of the City of Buffalo's and COMMUNITY SERVICES AND MICHAEL A. SEAMAN the County of Erie's parks and forestry departments, DIRECTOR OF BUDGET, hereby certify that the above the County of Erie is now responsible for maintenance change is necessary for the proper conduct, of all parks within the city bounds; and administration and performance of essential services of Whereas: Although this merger occurred nearly one that department. We recommend that the compensation year ago, many residents are either unaware of its for said position be fixed at the respective amount set ramifications or sometimes find it difficult to get a forth in the foregoing ordinance. response when contacting county departments for APPROVED AS TO FORM assistance with park maintenance, tree trimming and/or REFERRED TO THE COMMITTEE ON CIVIL removal issues; and SERVICE Whereas: As a result of these requests, the City of Buffalo is now advocating for a Parks Advisory Board; NO. 142 and Mr. Thompson Whereas: This board would combine efforts with the Request for Assistance in Creating a Buffalo County of Erie's parks department to ensure constant Community Enrichment Fund and consistent maintenance of the parks system; and th Whereas: This board would also provide a vehicle for Whereas: After the attacks on September 11and city residents and public officials to voice concerns budget cuts from the State of New York, the City of and/or supply the department with community input; Buffalo dissolved the grant-in-aid program in 2001; and and Whereas: Since that time, youth, senior, and cultural Whereas: The Buffalo Parks Advisory Board would programs in the City of Buffalo have had to dramatically consist of 21 members, of which each Councilmember reduce the services that they offer to the public; and would designate 2 persons and three persons Whereas: Unfortunately, very few altematives exists or appointed by the Mayor of Buffalo; have been offered to ensure that services lost from the Whereas: The Buffalo Parks Advisory Board would reduction will continue, and, as a result a void persists; work closely with the County of Erie, the City of Buffalo, and the Department of Public Works, and stakeholders in Whereas: Because stakeholders in the community have the civic and business community to improve current shared sentiments on the importance and societal value park conditions and to develop minimum maintenance of such programs, members of the Buffalo Common standards for all city parks; and Council have expressed interest in creating a Whereas: This honorable body should take all steps Community Enrichment Fund; and necessary to ensure that city parks remain viable, and Whereas: Funds made by residents, through a accessible assets for city residents to utilize and enjoy; voluntary contribution option on all property tax and Now Be It Therefore Resolved That: user fee bills, would be administered to designated The Buffalo Common Council does hereby groups on a quarterly basis; and acknowledge the benefits of creating a Parks Advisory Whereas: The Department of Administration & Finance, Board and requests that the City of Buffalo's Law with assistance from the Tax and Assessment Department to file a response as to the process of Department, The User Fee Department, and the Buffalo creating such a board; Common Council would oversee the fund and provide a Be It Further Resolved That: monthly update on the amount of funding secured and The Commissioner of Public Works, the County of Erie distributed; and Parks Department, and the County Executive's Office Whereas: This fund would significantly assist the city in file an official response to this resolution with the City reaching its goal of increasing funding allocations to Clerk within 21 calendar days. agencies providing quality youth, senior, or cultural Be It Finally Resolved That: programming to city residents; This resolution be forwarded to the Legislation Now Be It Therefore Resolved That: Committee for review and consideration. The Buffalo Common Council does hereby requests ADEPT 1st and 2nd THE 3rd REFERRED TO THE that the Department of Law provide a written COMMITTEE ON LEGISLATION advisement of the appropriate and legal method of creating a Community Enrichment Fund and voluntary No. 144 contribution option on all tax and user fee bills by July BY: ANTOINE M. THOMPSON 1, 2005; and Appointments Be It Further Resolved That: Commissioners of Deeds The Department of Administration & Finance, The User Required for the Proper Fee Department, and The Tax & Assessment Performance of Public Duties Department provide a written response to this That the following persons are hereby appointed as resolution with the City Clerk within 30 business days. Commissioner of Deeds for The term ending December Be It Finally Resolved That: 31, 2006, conditional upon the persons so appointed This resolution be forwarded to the Legislation certifying under oath to their qualifications and filing Committee for review and consideration. same with the City of Buffalo ADOPT 1st and 2nd RESOLVE THE 3rd REFERRED Sandra Herdle Diane Kaczmarek TO THE COMMITTEE ON LEGISLATION Leo Adanti Cassandra Daniels AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, TOTAL 4 FRNCZYK, GRIFFIN, RUSSEL AND THOMPSON – 8 ADOPTED NOES – GOLOMBEK – 1 NO. 145 NO. 143 BY: ANTOINE M. THOMPSON By: Mr. Thompson, Coppola and Fontana Appointments Commissioner of Deeds Re: Request for Assistance in Creating the That the following persons are hereby appointed as Buffalo Parks Advisory Board Commissioner of Deeds for the term ending December Councilmembers, dated January 31~ 2005 presented to 31, 2006, conditional, upon the person so appointed you herewith, I hereby call a Special Meeting of the certifying under oath to their qualifications and filing Common Council, to be held in the Council Chambers, same with the City Clerk: City Hall, Buffalo, New York, on February 1, 2005 at Eric Beck Kristina Drewery 1:00 P.M. for the following purposes: Cathy Simmons Sherry Smith To receive and take appropriate action on : Total: 4 All Items Relating to ADOPTED 1. Block Grants Yours very truly, NO. 146 David A. Franczyk By Mr. Thompson President of the Council Felicitations/In Memoriam RECEIVED AND FILED Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common January 31, 2005 Council as Indicated: Hon. David A. Franczyk Felicitation for R o b e r t a n d Mary Stackpoole President Common Council By Councilmember Griffin 1315 City Hall ADOPTED Buffalo, New York WE, the undersigned, members of the Common NO. 147 Council, hereby request that you call a Special Meeting ANNOUNCEMENT OF COMMITTEE MEETINGS of the Common Council, pursuant to Section 3.9 of the The following meetings are scheduled. All meetings are Charter of the City of Buffalo, for the following purpose: th To receive and take appropriate action on All items held in the Common Council Chambers, 13floor City pertaining to Hall, Buffalo, New York, unless otherwise noted. 1. Block Grants Regular Committees We request that this Special Meeting be held on Committee on Civil Service Tuesday February 15,2005 February 1, 2005 at 1:00 P.M.. at 9:30 o'clock A.M. BRIAN DAVIS Committee on Finance Tuesday February 15, 2005 at DOMINIC BONIFACIO 10:00 o'clock A.M. following Civil Service JOSEPH GOLOMBEK Committee on Legislation Tuesday, February 15, 2005 ANTOINE THOMPSON at 2:00 o'clock P.M. JAMES D. GRIFFIN Committee on Comm. Dev. Wednesday, February 16, 2005 at 10:30 o'clock A.M. January 31, 2005 Special Committees Minority Business Enterprise Committee Monday, TO EACH MEMBER OF THE COMMON COUNCIL: February 14, 2005 at 10:00 o'clock AM in Room i417 YOU ARE HEREBY NOTIFIED that, pursuant to Special Committee on Legislation, Living Wage Section 3.9 of the Charter of the City of Buffalo, upon Ordinance Monday, February 14, 2005 at 11:30 Am in the written request of Five Councilmembers, dated Room 1417 January 31, 2005, DAVID A. FRANCZYK, President of Taxicab Ad Hoc Committee Meeting, Thursday, the Common Council, has called a Special Meeting of February 17, 2005 at 10:00 AM in Room 1417 the Common Council, to be held in the Council Special Committee on Legislation, Thursday PBT Free Chambers, City Hall, Buffalo, New York, on Tuesday, Purchasing, Thursday, February 17, 2005 at 11:00 AM February 1, 2005 at 1:00 P.M. for the following purpose: in Room 1417 To receive and take appropriate action on all items Bi-National Bridge, Thursday, February 17, 2005 at relating to 2:00 PM 1. Block Grants (Public Disclaimer): All meetings are subject to change Yours very truly, and cancellation by the respective Chairmen of Council Gerald A. Chwalinski Committees. In the event that there is sufficient time City Clerk given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Pursuant to Rule 2 of the Rules of Order of the Office is not made aware; therefore, unless we receive Common Council of the City of Buffalo, each of the notice from the respective Chairmen, we can only make following named members of the Common Council, to notification of what we are made aware. wit: NO. 148 DOMINIC BONIFACIO ADJOURNMENT BRIAN DAVIS On a motion by Mr. Coppola, Seconded by Mr Fontana, JOSEPH GOLOMBEK the Council adjourned at 4:15pm BONNIE E. RUSSELL MARC COPPOLA NO. 1 RICHARD FONTANA CALL FOR SPECIAL SESSION JAMES D. GRIFFIN January 31 2005 ANTOINE THOMPSON Mr. Gerald A. Chwalinski City Clerk hereby states that he/she received twenty-four (24) 1308 City Hall hours' notice of the time and purpose of the Special Buffalo, New York Meeting of the Common Council duly called to be held Dear Mr. Chwalinski: on February 1 2005 Pursuant to Section 3.9 of the Charter of the City of BRIAN DAVIS Buffalo, upon the written request of Five DOMINIC BONIFACIO JOSEPH GOLOMBEK ANTOINE THOMPSON JAMES D. GRIFFIN BONNIE E. RUSSELL RICHARD FONTANA MARC COPPOLA STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 31 st day of January 2005, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. ADOPTED Recess On a motion by Mrs. Russell, seconded by Mr. Bonifacio the Council recessed until 6 P.M. ADOPTED. At 6:00 P.M., the Common Council reconvened with the following members present: Councilmembers Bonifacio, Coppola, Davis, Fontana, Franczyk, Golombek,Griffin, Russell, Thompson- 9 Absent: None CARRIED NO. 3 YEAR 31 COMMUNITY DEVELOPMENT BLOCK GRANT (NO. 1, C.C.P. 1/25/05) Mr. Coppola made a motion to approve the Community Development Block Grant as Amended. Seconded by Mr. Bonifacio Amendments to Year 31 Community Development Block Grant Now, Therefore, Be It Resolved That: This Common Council does hereby amend the Mayor's Year 31 Community Development Block Grant with the attached amendments: PASSED AYES - 9 NOES - 0 BONIFACIO, COPPPOLA, DAVIS, FONTANA, FRANCZYK, GRIFFIN, RUSSELL, THOMPSON – 8 NOES – GOLOMBEK - 1 NO. 4 ADJOURNMENT On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 6:20 PM GERALD A. CHWALINSKI CITY CLERK CITY CLERK