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HomeMy WebLinkAbout05-0222 05-0222.txt No. 4 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO February 22, 2005 SPECIAL SESSION February 24, 2005 POLICE & FIRE PENSION FEBRUARY 2005 CORPORATION PROCEEDINGS 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 Page 1 05-0222.txt 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 COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 22, 2005 AT 2:00 P.M. PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Coppola, Davis, Fontana, Golombek Griffin, Russell and Thompson – 9 ABSENT - 0 On a motion by Mr. Coppola seconded by Mr.Fontana, the minutes of the stated meeting held on February 08, 2005 were approved. NO. 1 Page 2 05-0222.txt DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring December 31, 2008. Said nominee is replacing Daniel T. Roach who has resigned. Richard L. Berger 79 Chapin Parkway Buffalo, NY 14209 Richard Berger is President and COO of NanoDynamics, Inc. of Buffalo, a leading company in the rapidly growing field of nanotechnology. Mr. Berger has over 30 years experience in managing companies of a vast variety of industries, technologies and products. Mr. Berger earned his BA in Business Administration from Bowling Green State University in Ohio. I am sure that his leadership skills wiIl prove invaluable to the Library Board. Kathleen J. Verrastro 270 Woodbridge AvenueBuffalo, NY 14214 Kathleen Verrastro is the Coordinator for Special Events for the City of Buffalo. Formerly Mrs. Verrastro served as the Regional Director of the NYS Assembly Speaker's Office, a position she held for almost 15 years. Leonardo Tempestoso, Jr 145 Dorchester Road Buffalo, N.Y. 14213 Leonardo Tempestoso is a Resource Development Specialist for the Buffalo Urban Renewal Agency. Prior to joining the City of Buffalo he was a 2nd Class Petty Officer with the U.S. Navy. I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a term expiring December 31, 2009. Phyllis Horton is currently a Library Trustee, therefore she is nominated for re-appointment. Phyllis Horton Watergate Apt. 1001, 10 Hertel Avenue Buffalo, NY 14207 Phyllys Horton is a retired school teacher where she taught home economics at LaSalle Middle, Junior and Senior High Schools fi'om 1958-1992. Ms. Horton has a M.S. Degree from Canisius College and a B.S. in Home Economics from the State University College at Buffalo. Thomas Errol Gleed 204 West Tupper Street Buffalo, NY 14201 At the present time Mr. Gleed is the Executive Assistant to the Mayor & Sister Cities Liasion for the City of Buffalo. Formerly Mr. Gleed was a Special Coordinator in the Department of Community Development and from 1985 to 1995 he was General Store and Merchandise Manager for Peller & Mure. Tom is very active in career related activities. Maureen Danahy, SSJ 151 Summit Avenue Buffalo, N.Y. 14201 At the present time Maureen Danahy is Director of the Mayor's Internship Program. From 1972-1998 she was an elementary school teacher. Maureen has taught grades 2-8 over the course of her teaching career. I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. Mr. Coppola moved That the nomination contained in this item are approved conditioned upon that no collections files are found regarding any of the nominations PASSED AYES - 9 NOES - 0 NO. 2 MEMORANDUM OF UNDERSTANDING REGARDING BASS PRO SHOPS BUFFALO, NEW YORK Attached for your information is a copy of the Memorandum of Understanding Page 3 05-0222.txt in regard to Bass Pro Shops Buffalo, New York REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 2A YEAR 31 CDBG HOPWA, ESG, HOME BUDGET Attached please find the revised Year 31 CDBG funding application as prepared by the Mayor's Office of Strategic Planning. This item has been filed for your information and attention for the February 22, 2005 Common Council meeting. MEMORANDUM Tuesday, February 22, 2005 (Year 31) CDBG, HOPWA, ESG, HOME Budget Eva Hassett, Mayor's Chief of Staff James B. Milroy, Ph.D, Commissioner, Administration & Finance Peter Savage, Special Assistant to the Mayor I am pleased to submit to you the proposed budget for Planning Year 31 U.S. Department of Housing & Urban Development (HUD) four Federal Entitlement programs. The City has held a public hearing since the last submittal to Common Council. In addition, the Administration has dialogued with HUD and the Buffalo Fiscal Stability Authority (BFSA) to address potential concerns. In addition, a detailed, comprehensive review was performed for each section to ensure those recommended for funding met a minimum criterion. Planning Year 31 is the second of a three year imposed reduction of Public Services and Administration Caps. The reductions are also impacted by a $1,200,000 reduction in funding. The result in reduction in caps and reduced funding has resulted in less funding for Community Based Organizations and City/BURA Administrative cost. Cuts were made in a strategic and equitable fashion to balance the budget. This budget is being submitted to the Common Council for informational purposes. We have submitted the document, as filed, to the BFSA for their approval, at their February 23rd meeting. We will deliver the document, on time, to HUD on or before -March 17, 2005. Attachments PASSED AYES – BONIFACIO, COPPOLA, FRANCZYK, GRIFFIN, RUSSELL, THOMPSON - 6 NOES – DAVIS, FONTANA, GOLOMBEK - 3 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 4 MONTHLY REPORT- DIVISION OF CITIZEN Dear Members of the Buffalo Common Council: Attached for your review is the following: (1) Chart of Service Calls for January 2005, (2) Chart of Service Calls for January 2004- for comparative purposes, and (3) Chart of " Open" calls for December 2004, as of February 1, 2005. January 2005, saw a 127% increase in calls from 2,417 to 5,478 and a 32% increase in service requests from 1,885 to 2,493, between December 2004 and January 2005. The increases in calls were consistent with past January calls, with increases in calls due to the January User Fee bills, and resultant tote change requests and an increase in calls for unshoveled sidewalks. New information in this month's report compares the volume of calls and types of calls between a summer and winter month and a comparison of 30 day resolution totals by category between November 2004 and December 2004. Resolution categories that improved last month included Housing Violations, Infrastructure, Forestry, Stolen Totes, Abandoned Cars, and Misc.. As always, I hope that this information is helpful. Page 4 05-0222.txt Sincerely, ATTACHMENTS RECEIVED AND FILED NO. 5 CERTIFICATE OF APPOINTMENT Appointment Effective 03/07/2005 in the Department of Mayor Division of Citizen Services to the Position of Complaint Clerk Permanent, Appointment, at the fourth step of $27,174 Carrie B. Price, 88 Ivy Street, Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 ARTSPACE PILOT REPLACES CCP# 7 FEB 8, 2005 Your Honorable Body is hereby requested to approve the attached PILOT covering the build out of sixty (60) units of affordable housing as part of the above-referenced Project. This Project is intended to be a new mixed use development providing 60 low income residential units for local artist and their families. The sponsor of the project, Artspace Projects Inc. of Minneapolis, has created dozens of similar commercial/residential projects in formerly vacant buildings throughout the United States. Also included in the Buffalo Project will be ground floor commercial space to complement and potentially support the residential occupancies, and help to create a dynamic urban residential setting for the City and the local community of artists and their families. The Project will adaptively reuse and restore the eighty five year old, 80,000 square foot, five story historic Buffalo Electric Vehicle Co, Building, located at 1219-1233 Main Street. The goal is to create approximately 36 units in the rehabilitated building, while restoring the windows and street storefront entrance and show room quality to the original 1911 appearance. The Project area also includes the construction of new, two story loft housing units on the property behind the existing Main Street to achieve approximately 24 units. Six two story, metal and masonry sided, flat roofed buildings will be clustered along the Northampton side of the site to allow the remaining portion of the site to be developed for parking and private commons spaces for use by Artspace residential occupants. The Project represents an approximate $16,750,000 investment in the City of Buffalo and is heavily dependant upon New York State low-income housing tax credits. The New York State housing tax credit application deadline is February 28, 2005. As part of the Project budget, the developer is relying on a PILOT Agreement with the City of Buffalo. The amount of the PILOT payments was calculated based upon the standard City PILOT policy for low income housing projects, calculated at 5% of the total income of the proposed residential budget. RECEIVED AND FILED NO. 7 ARTSPACE PILOT REPLACES CCP# 7FEB 8, 2005 Your Honorable Body is hereby requested to approve the attached PILOT covering the build out of sixty (60) units of affordable housing as part of the above-referenced Project. This Project is intended to be a new mixed use development providing 60 low income residential units for local artist and their families. The sponsor of the project, Artspace Projects Inc. of Minneapolis, has created dozens of similar commercial/residential projects in formerly vacant buildings throughout the United States. Also included in the Buffalo Project will be ground floor commercial space to complement and potentially support the residential Page 5 05-0222.txt occupancies, and help to create a dynamic urban residential setting for the City and the local community of artists and their families. The Project will adaptively reuse and restore the eighty five year old, 80,000 square foot, five story historic Buffalo Electric Vehicle Co, Building, located at 1219-1233~ Main Street The goal is to create approximately 36 units in the rehabilitated building, while restoring the windows and street storefront entrance and show room quality to the original 1911 appearance. The Project area also includes the construction of new, two story loft housing units on the property behind the existing Main Street to achieve approximately 24 units. Six two story, metal and masonry sided, flat roofed buildings will be clustered along the Northampton side of the site to allow the remaining portion of the site to be developed for parking and private commons spaces for use by Artspace residential occupants. The Project represents an approximate $16,750,000 •investment in the City of Buffalo and is heavily dependant upon New York State low-income housing tax credits. The New York State housing tax ~credit application deadline is February 28, 2005. As part of the Project budget, the developer is relying on a PILOT Agreement with the City of Buffalo. The amount of the PILOT payments was calculated based upon the standard City PILOT policy for low income housing projects, calculated at 5% of the total income of the proposed residential budget. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, dated February 3, 2005, be received and filed; and That the Common Council approves the PILOT Agreement with the City of Buffalo, as attached to the above communication, covering the build out of sixty (60) units of affordable housing at 1219-1233 Main Street, sponsored by Artspace Projects Inc. of Minneapolis. The amount of the PILOT payments is calculated based upon the standard City PILOT policy for low income housing projects, calculated at 5% of the total income of the proposed residential budget. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 COMMON COUNCIL CDBG ACCOUNT BALANCES Please accept the attached document for your review regarding the CDBG Common Council account balances and expenditure policies. Common Council CDBG Account Balances In the past I have sent memorandums to members of Common Council updating you on the status of your account balances. In addition, I have stressed the need to allocate the funds to projects that qualify allowing us to close out past year accounts. I would like to thanks those of you who have accomplished this task, however collectively Common Council still has over $721,000 in accounts including PY-Year 30. We have come to a point that we need to close out these old accounts. I am giving you some additional time to identify projects that are ready to go and get the funds transferred according into the projects. On March 1, 2005, BURA will close out any Common Council accounts that have not been allocated to projects and fund transfers completed. Please note that I will not approve moving funds to other accounts in Year 30 unless it is put into a project out of the specific Council member's account. As a reminder, the funds may not be used to fund Public Service Agencies. In addition, starting with PY-30, any CDBG program funds that have not been expended or contract that has not been executed, by the end of the each program year will be reprogrammed. If you have any questions regarding your account balances, please feel free to call, me at 851-5035 or via email at twanamaker@city-buffalo.com. An attachment to this memo will give you an accurate accounting of your individual balances. I look forward to working with you to ensure a well managed entitlement program is realized in the City of Buffalo. RECEIVED AND FILED NO. 9 Page 6 05-0222.txt RESULTS OF NEGOTIATIONS 273 BUSTI, 266.50' SE MARYLAND VACANT LOT: 22' X 90', W/A/P 13' X 42' IN REAR ASSESSED VALUATION: $1,500 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the vacant lot at 273 Busti Avenue from Ms. Casilda Montanez, 281 Busti Avenue, Buffalo, New York 14201. Ms. Montanez owns and resides at 281 Busti Avenue, which is adjacent and intends to use the property for extra yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from fifty cents (.50) to seventy-five cents (.75) per square foot. The results of our negotiations are that Ms. Montanez is prepared to pay one thousand five hundred dollars ($1,500), which is fifty-nine cents (.59) a square foot for the parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 273 Busti Avenue to Ms. Casilda Montanez in the amount of one thousand five hundred dollars ($1,500). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 16, 2005, be received and filed; and That the offer from Ms. Casilda Montanez, residing at 281 Busti Avenue, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 273 Busti Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 10 RESULTS OF NEGOTIATIONS 368 CONNECTICUT, 124' NE NORMAL LOT SIZE: 25' X 125' ASSESSED VALUATION: $3,100. The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above subject properties from West Side Neighborhood Housing Services (WSNHS), 359 Connecticut Street, Buffalo, New York 14213. WSNHS intends to landscape the vacant lots and use for parking for restored buildings they own at 364 and 372 Connecticut Street. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from one dollar ($1.00) to two dollars ($2.00) per square foot. The results of our negotiations are that WSNHS has agreed to a sales price of six thousand two hundred dollars ($6,200), one dollar ($1.00) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 368 and 370 Connecticut Street to West Side Neighborhood Housing Services in the amount of six thousand two hundred dollars ($6,200). I am further Page 7 05-0222.txt recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office &Strategic Planning, Division of Real Estate, dated February 10, 2005, be received and filed; and That the offer from West Side Neighborhood Housing Services, 359 Connecticut Street, in the sum of six thousand and two hundred dollars ($6,200.00) for the purchases of 368 and 370 Connecticut Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 11 RESULTS OF NEGOTIATIONS 14 KRETTNER, 105' N HOWARD LOT SIZE: 25' X 107' ASSESSED VALUATION: $1,200. The Office of Strategic Planning, Division of Real Estate has received a request to purchase 14 Krettner Street from Ms. Darlene V. Burks, 162 Howard Street, Buffalo, New York 14206. Ms. Burks owns and resides at 162 Howard Street, which is adjoining to 14 Krettner Street. She intends to extend her property line and use for extra yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lot properties in the subject area. Sales prices range from forty-five cents (.45) to seventy-five cents (.75), per square foot. The results of our negotiations are that Ms. Burks is prepared to pay one thousand two hundred dollars ($1,200), forty-five cents (.45) per square foot, for the subject property. Ms. Burks has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 14 Krettner Street to Ms. Darlene Burks in the amount of one thousand two hundred dollars ($1,200). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. CoppoIa moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 2, 2005, he received and filed; and That the offer from Ms. Darlene V. Burks, residing at 162 Howard Street, in the sum of one thousand and two hundred dollars ($1,200.00) for the purchase of 14 Krettner Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 Page 8 05-0222.txt NO. 12 RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE OF 1932 NIAGARA STREET, 128' NORTH OF HAMILTON LOT SIZE: 70 X 144 ASSESSED VALUE LAND: $ 20,200 TOTAL: $132,000 ITEM NO. 7, C.C.P. 4/15/03 In the above referenced item Your Honorable Body approved a lease agreement with an option to buy between Endless Enterprises (D.B.A. Gothic City) and the City of Buffalo for the former Jubilee Center located at 1932 Niagara Street. Endless Enterprises has been leasing the building as a storage and warehouse facility. We have received a request from Mr. Charles Leone of Endless Enterprises to purchase the property. The property consists of a 7,603 square feet brick building, situated on a lot 70 x 144. The building is in poor condition and requires extensive repairs/renovations to the roof, foundation, plumbing, electrical and heating systems. The water line servicing this building needs to be replaced. An independent appraisal of the property was conducted by George Lundquist of Bronstein Appraisal Company, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property as is to be Thirty- Seven Thousand Dollars ($37,000.00). The appraisal report indicates that there are at least Seventy-Five Thousand Dollars ($75,000.00) of repairs needed at the property. The City of Buffalo Appraisal Review Board has reviewed the appraisal and recommended a value of Forty Thousand Dollars ($40,000.00). The results of our negotiations are that Endless Enterprises has offered Thirty Thousand Dollars ($30,000.00) for the property "as is". They have agreed; that upon receiving title they will begin to make the necessary renovations, including repairing the leaking water line that services the building. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. The City of Buffalo will not provide a search or survey for the subject property. I am recommending that Your Honorable Body approve the sale of the 1932 Niagara Street to Endless Enterprises (D.B.A. Gothic City) in the amount of Thirty Thousand Dollars ($30,000.00) "as is" upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 17, 2005, be received and filed; and That the offer from Mr. Charles Leone of Endless Enterprises (d/b/a Gothic City), in the sum of thirty thousand dollars ($30,000.00) for the purchase of 1932 Niagara Street "as is", be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title upon the terms and conditions as listed in the above communication and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 13 RESULTS OF NEGOTIATIONS 120 TITUS, 415'N EMPIRE LOT SIZE: 35' X 97' ASSESSED VALUATION: Page 9 05-0222.txt LAND:$1,600. TOTAL:5,000. The Office of Strategic Planning, Division of Real Estate has received a request to purchase 120 Titus Street from Mr. Henry Gladysz, 4648A Brompton Street, Blasdell, New York 14219. This property consists of a two car garage, situated on a vacant lot 35' x 97'. Mr. Gladysz intends to repair the garage and use in conjunction with his contracting business located at 122 Titus Street. Mr. Gladysz has sufficient funds to acquire and repair the garage. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar properties. Sales prices range from forty-five cents (.45) to seventy-five (.75), per square foot. The results of our negotiations are that Mr. Gladysz is prepared to pay one thousand six hundred dollars ($1,600), forty-seven cents (.47) per square foot, for the subject property. Mr. Gladysz has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 120 Titus Street to Mr. Henry Gladysz in the amount of one thousand six hundred dollars ($1,600). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 15, 2005, be received and filed; and That the offer from Mr. Henry Gladys, residing at 4648A Brompton Street, Blasdell, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 120 Titus Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 14 TRANSFER OF TITLE URBAN HOMESTEAD PROGRAM 633 GOODYEAR AVENUE (CITY-OWNED VACANT LOT, 30' X 109' (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate, has surveyed the City-owned vacant lot at 633 Goodyear Avenue, Buffalo, New York, parcel is 30' x 109'; and it has been determined this parcel is inappropriate for either the construction of new housing or needed for public purpose. Ms. Janet F. Heath owns and resides at 635 Goodyear Avenue, Buffalo, New York 14211. Ms. Heath has indicated she will clean, improve and maintain the lot at 633 Goodyear Avenue in the event she obtains title to the property under the Urban Homestead Program. The Department of Permit and Inspection Services and the Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the City-owned vacant lot be designated as a Homestead Property and be transferred to Ms. Janet F. Heath on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Mr. Coppola moved: Page 10 05-0222.txt That the above communication from the Office of Strategic Planning dated January 16, 2005, be received and filed; and That the city-owned property commonly known as 633 Goodyear Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Janet F. Heath, residing at 635 Goodyear Avenue, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. PASSED AYES - 9 NOES – 0 FROM THE COMPTROLLER NO. 15 AMENDMENT CP 1/25/05 Item No. 13 Comprehensive Annual Financial Report For Fiscal Year Ended June 30, 2004 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2004 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Deloitte & Touche LLP, NOT Ernst & Young LLP as previously indicated in error. RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 16 Certificate of Appointment Appointment Effective: 02/07/2005 in the Department of MIS to the Position of COORDINATOR OF OFFICE AUTOMATION Permanent, Appointment, Maximum, Starting Salary of: $41,150 MARY BARTOLOTTA 52 KIMBERLY AVE BUFFALO, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 17 Certificate of Appointment Appointment Effective: 02/07/2005 in the Department of MIS to the Position of SYSTEM ANALYST PERMANENT, APPOINTMENT, and MAXIMUM Starting Salary of $48,566 DARYL SPRINGER 34 INWOOD PLACE BUFFALO, NY 14209 MICHAEL RIVERA 53 WEST AVE. BUFFALO, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 Certificate of Appointment Appointment Effective: 02/07/2005 in the Department of MIS to the Position of SYSTEM SUPPORT ANALYST PERMANENT, APPOINTMENT,INTERMEDIATE Starting Salary of $48,566 PAUL SPRINGER 569 AUBURN AVE BUFFALO, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 Certificate of Appointment Appointment Effective: 02/07/2005 in the Department of MIS to the Position of COMPUTER PROGRAMMER PERMANENT, APOINTMENT, MAXIMUM STARTING SALARY: $44,779 HERBERT RICHARDSON 311 WALNUT ST BUFFALO, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 11 05-0222.txt FROM THE COMMISSIONER OF PUBLIC WORKS No. 20 Notification Serial#9993 Install No Standing on Walden Avenue, south side between Bailey Avenue and Brinkman Avenue Lovejoy District NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Walden Avenue, south side between Bailey Avenue and Brinkman Avenue PROHIBITED PERIOD This action is being taken due to existing conditions which resulted from driving and turn lane re-alignments installed during the Bailey Avenue, Broadway to Walden reconstruction. Notification Serial # 9994 No Standing School Days - Install on Sycamore Street, southeast side between Koons Avenue and Walden Avenue (Fillmore District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Sycamore Street, southeast side between Koons Avenue and Walden Avenue PROHIBITED PERIOD 8:00 a.m. - 4:00 p.m. School Days This action is being taken in order to provide an area for buses to pick up students at School 97 (Emerson Middle School) as requested by the Board of Education. RECEIVED AND FILED 45 DAYS WAIVED NO. 21 Report of Bids Plug Waterline & Service & Sewer Laterals at City of Buffalo Demolition Sites, Group #632 C. Destro Development Co., Inc. Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received public bids for the subject project as follows: Base Bid Unit Price Increase C. Destro Development Co., Inc. $230,400.00 $253,440.00 2255 Bailey Avenue, Buffalo, NY 14211 Page 12 05-0222.txt J.A. Brundage - The Drain Doctor, Inc. $348,140.00 $371,180.00 1401 College Avenue, Niagara Falls, NY 14305 Mark Cerrone, Inc. $352,600.00 $375,640.00 P.O. Box 3009, Niagara Falls, NY 14304 Thomann Asphalt, Inc. $360,900.00 $383,940.00 56 Guunville Road, Lancaster, NY 14086 Empire Dismantlement$398,056.00$421,096.00 78 Sawyer Avenue, Tonawanda, NY 14150 $445,400.00$468,440.00 Scott Lawn Yard, Inc. 5552 Towline Road, Sanborn, NY 14132 I hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. and recommend that Your Honorable Body authorize a contract award in the amount of $253,440.00 ($230,400.00 Base Bid + 10% unit price increase $23,040.00 = Total Award $253,440.00 ). Funds for this work are available in capital project accounts #'s 3001506, 37650106, 37650206, 30331706. The engineer's estimate for this work is $275,000.00 Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Mach 26, 2005. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 17, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Plug Waterline & Service & Sewer Laterals at City of Buffalo Demolition Sites, Group #632, to C. Destro Development Co., Inc., the lowest responsible bidder, in the amount of $253,440.00 ($230,400.00 Base Bid + 10% unit price increase $23,040.00 = Total Award $253,440.00. Funds for the project are available in capital project account numbers 3001506, 37650106, 37650206, 30331706. PASSED AYES – 9 NOES – 0 NO. 22 Report of Bids-Tiffti Street Greenway P1N 5756.79 South District This is to advise Your Honorable Body that I have advertised for and received public bids on February 16, 2005 for Construction of the Tifft Street Greenway. This project will construct a new multi-use trail, which will provide a vital link for pedestrians and bicyclists from South Buffalo to the waterfront. Also, connections to the Tifft Farm Nature Preserve and other shoreline trail projects currently under construction in cooperation with NFTA and Erie County. The following bids were received: 1)Donald J. Braasch Construction, Inc.$ 931,400.00 2)Thoman Asphalt Paving$1,024,064..26 3)C. Destro Development$1,074,492.70 4)Destro Brothers$1,091,460.50 5)Anastasi Trucking$1,102,473.66 6)Man O Trees$1,133,000.00 7)Northeast Paving$1,176,669.84* 8)Visone Construction Co.$1,231,254,94* 9)Custom Topsoil$1,283,827.33 *Adjusted Bid Total I hereby certify that the lowest responsible bidder is Donald J. Braasch Page 13 05-0222.txt Construction, Inc. and I recommend that Your Honorable Body authorize a contract award in the amount of $1,024,540.00 (Base Bid $931,400.00 + $93,140-10% Unit bid increase=S1,024,540). This project is funded by FHWA, and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of costs are 20%. The Engineer's estimate for this project is $1,044,750 and funds for this project will be available in capital project account established specifically for this project. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 17, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Construction of the Tifft Street Greenway, to Donald J. Braasch Construction, Inc., the lowest responsible bidder, in the amount of $1,024,540.00 (Base Bid $931,400.00 + $93,140 a 10% Unit bid increase = $1,024,540.00). Funds for the project are available in a capital project account established specifically for this project. PASSED AYES – 9 NOES – 0 NO. 23 Block Grant Fund Transfer Signage Project Medical Campus (Ellicott) I hereby request that Your Honorable Body authorize a transfer of CDBG Funds in the amount of $i0,000.00 from CDBG Account #28-14500 to our Capital Account #30032106 for partial funding of new street signs in the Medical Campus Neighborhood. (See attached BURA Item 3A of February 10, 2005.) Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 10, 2005, be received and filed; and That the Common Council authorizes a transfer of CDBG Funds in the amount of $10,000.00 from CDBG Account #28-14500 to Public Works Capital Account #30032106 for partial funding of new street signs in the Medical Campus Neighborhood. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW PASSED AYES- 9 NOES – 0 NO. 24 Buffalo Community Enrichment Fund Item No. 142, C.C.P. 02/08/05 The referenced item was sent to this department for a response. This department would have no objections to the establishment of a Community Enrichment fund through our user fee billings with the following conditions: • That the Corporation Counsel deems the collection of such donations appropriate and legal. • That the Common Council authorizes the collection of such donations. That any funds collected be immediately turned over to an appropriate agency, and that agency be responsible for all accounting requirements. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 25 Buffalo Parks Advisory Board Item No. 143, C.C.P. 02/08/05 The referenced item was sent to this department for comment. Although this department does not have any objections to the establishment of a Buffalo Parks Advisory Board, I believe that the proposed 21-member board would be too large to be effective. Section 13.4 of the Intermunicipal Cooperation Agreement between the City Page 14 05-0222.txt and the County calls for the establishment of an oversight committee. This section states as follows: 13.4 The City and the County shall establish an oversight committee to periodically review the operation of the Parklands as provided for in this Agreement and to make non-binding recommendations with respect thereto. The committee shall include representatives of the respective administrations, legislative bodies and unions. The County and the City will also continue to work with such neighborhood or community advisory bodies as may be currently established for any of the Parklands. I, therefore, suggest a committee be established with the following membership: 2 representatives appointed by the Mayor, 3 representatives appointed by the Council President, 1 representative appointed by the County Executive, 1 representative appointed by the County Legislature, and 1 representative jointly appointed by the applicable unions. The committee should also allow for the city Commissioner of Public Works, Parks and Streets, the county Commissioner of Parks and the Executive Director of the Buffalo Olmsted Conservancy to be members in an ex-officio status. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 Buffalo Water System Five-Year Capital Improvement Plan In accordance with Article II, Section 2.1 of the Financing Agreement between the City of Buffalo, the Buffalo Municipal Water Finance Authority, and the Buffalo Water Board, dated September 24, 1992, as amended, I am filing a proposed Capital Improvement Plan for the Buffalo Water System. This plan was approved by the Buffalo Water Board at their meeting of February 9, 2005, and by the Buffalo Municipal Water Finance Authority at their meeting of February 11, 2005. The Board and the Authority, respectfully requests that the Common Council approve the proposed Capital Improvement Plan. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 14, 2005, be received and filed; and That the Common Council approves the proposed Capital Improvement Plan for the Buffalo Water System. Passed. AYES- 9 NOES – 0 NO. 27 CHANGE IN CONTRACT C. DESTRO DEVELOPMENT CONTRACT #92010855 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change order for the subject contract. This change order is necessary to fund additional emergency repair work which will allow for a two way feed on Michigan Avenue to provide redundancy for the water service to Buffalo General Hospital. The costs are shown below and include the construction of the water connection, temporary pavement restoration, and restoration of traffic signal loops: Michigan Ave - Utility and Pavement Repair Funds are available in a Division of Water account (53180636) I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to C. Destro Development. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. Mr. Coppola moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 16, 2005, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he Page 15 05-0222.txt hereby is authorized to issue a change order, to C. Destro Development, an increase in the amount of $25,033.74, as more fully described in the above communication, for work relating to Michigan Avenue - Utility and Pavement Repair, C #92010855. Funds for this project are available in a Division of Water account (53180636). Copy available in the City Clerk office for review PASSED AYES – 8 NOES –1 AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSEL AND THOMPSON – 8 NOES – DAVIS - 1 NO. 28 250 Virginia Street; Handicap Ramp within City Right of Way (Ellicott District) Mr. Rene Finkas, of Virginia 1 LLC, owners of the property located at 250 Virginia Street has requested permission to install a handicap ramp which would encroach city right of way at said address. The proposed ramp would measure approximately 27 feet in length and project a maximum of 6 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2.That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the ramp be constructed so as not to be permanent in nature. That the applicant supply the Department of Public Works with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp. Mr. Coppola moved: That the above communication from the Department of Public Works, Parks and Streets dated February 17, 2005 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Rene Finkas, of Virginia 1 LLC, located at 250 Virginia Street, to install a handicap ramp approximately 27 feet in length and project a maximum of 6 feet from the building face which would encroach city right-of-way at said address, subject to the conditions as listed above. PASSED AYES – 9 NOES – 0 NO. 29 CERTIFICATE OF APPOINTMENT Appointment effective February 14, 2005 in the Department of Public Works, Division of Water to the position of Caulker Supervisor I, Permanent appointment at the 2nd step of $38,580.00 Michael Rainero, 136 Carmel Road, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 CERTIFICATE OF APPOINTMENT Appointment Effective February 16, 2005 in the Department of Public Page 16 05-0222.txt Works, Division of Water to the position of Superintendent of Traffic Signal Systems, Provisional Promotion at the Intermediate Starting Salary of $37,887I Gerald Lewandowski, 173 Eden Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 31 ["ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES"] ITEM #135 C.C.P. APRIL 13, 2004 The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances: Total 0 RECEIVED AND FILED NO. 32 ["ENFORCEMENT OF NOISE ORDINANCES"] [ITEM #151, C.C.P. APRIL 13, 2004:] The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance citations and adjudications: January, 2005 Total: 2 RECEIVED AND FILED NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective: January 31,2005 in the Department of: Police, to the Position of Report Technician, Permanent Appointment at the Maximum Starting Salary of $ 30,213 Sherry Ebert, 83 Krakow Street, Buffalo, NY 14206 Andrea Meegen, 77 Turner Avenue, Buffalo, NY 14220 Kathleen Podsiadlo, 282 Commonwealth Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 34 CREATION OF A BUFFALO COMMUNITY ENRICHMENT FUND ITEM #142, C.C.P. FEBRUARY 8, 2005 As per the request of your Honorable Body, I am providing the following information regarding the creation of a Buffalo Community Enrichment Fund. The City of Buffalo may legally create a community enrichment fund option on all tax and user fee bills. There are no legal requirements set forth in NYS law or any local ordinances to implement such an option for this type of contribution. The Departments of Assessment and Taxation and Public Works and Streets would have to make arrangements for having the tax bills and user fee bills changed to show this option for a voluntary contribution to various youth, senior and cultural programs in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 CREATION OF A PARKS ADVISORY BOARD ITEM #143, C.C.P. FEBRUARY 8, 2005 As per the request of your Honorable Body, I am providing the following information regarding the creation of a Parks Advisory Board. The City of Buffalo may legally create a Parks Advisory Board. There are no legal provisions except the adoption of a resolution indicating the Council's desire to create a Parks Advisory Board, which has already been completed. The next step would be the preparation of a local law to amend the Charter Page 17 05-0222.txt to include this Board. This will be completed by the Law Department for the next Council meeting. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 36 BILLIARD PARLOR 975 HERTEL (NORTH) Pursuant to Chapter 92 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Billiard Parlor License located at 975 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a billiard parlor license is being sought and according to the attached reports. from the Zoning Office, Police Department, Fire Department and Building Inspections, I f'md it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated February 2, 2005, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Billiard Parlor license to Richard Vallone d/b/a Hippodrome Billiards Inc., located at 975 Hertel Avenue. PASSED AYES - 9 NOES – 0 NO. 37 FOOD STORE LICENSE 211 NIAGARA (ELLIEOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 211Niagara Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought ,and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 ZONING BOARD OF APPEALS SCREENING PRIOR COUNCIL REFERENCE: (IF ANY) . (ITEM NO. 123. C.C.P. 2/8/2005: l am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information We are put on notice by the Division of Real Estate of a pending sale of City owned properties. • This is done through the Division of Collections to have the prospective buyer be clear of all monies owed to the City of Buffalo. As properties owned by the City of Buffalo are sold though the auction, purchase offers and homesteading, we would support a cooperative effort on the part of all City Departments to consolidate data on property owners and other prospective investors that have current monies owed to the City of Buffalo. As stated by your Honorable Body, the Department of Permit and Inspection Services performs the application for Zoning Variances Our Department also licenses businesses, licenses contractors, grants permits for work performed and cites violations of the Housing and. Property Code. The Building Inspectors assigned to the "Slum and Blight " section and the Housing Court Representative of our Department would be most helpful in establishing a listing of property owners with less that admirable performance in the maintenance of their properties. The Department of Permit and Inspection Services would be willing to support the Page 18 05-0222.txt process described in the resolution and also participate with the Department of Law, Division of Collections, and The Division of Real Estate to establish an ordinance amendment to limit unscrupulous investors. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 USED CAR DEALER 1389 NIAGARA (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1389 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Martin Pecoraro. The attached thereto for Martin Pecoraro d/b/a Riverfront Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Coppola moved: That the above communication from the Commissioner of Permit and Inspections Services dated February 10, 2005, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Martin Peeoraro d/b/a Riverfront Auto Sales, located at 1389 Niagara Street. Passed. AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 40 ZONING BOARD OF APPEALS SCREENING RES #123 CCP In response to the resolution filed February 8, 2005 pertaining to the Zoning Board of Appeals screening filed by Councilmember Dominic Bonifacio Jr. the Collections Division is willing to screen all applicants for any outstanding charges, fees or taxes owed to the City of Buffalo. All requests should be forwarded to the Collections Division. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 41 SCHOO147 ('RESPONSE TO ITEM #139, C.C.P. FEBRUARY 8, 2005~ "UNANSWERED BLOCK GRANT BUDGET QUESTIONS" The following Public Service Agencies have not expended funds for the Year 30 Community Development Block Grant Budget: Attach please find a ranking list for Community Based Organizations REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 42 "GRIFFIN-CITYCLERK'S OFFICE CONSULTING CONTRACT" (ITEM #140, C.C.P. 2/8/05) In response to correspondence of February 9, 2005 regarding the above, be advised that I did send a memo to Jerry Chwalinski, City Clerk, regarding this contract. As I previously stated, I am inquiring as to why the City Clerk previously performed these duties for the past 15 years and now they find it necessary to assign the same duties to an independent contractor. Page 19 05-0222.txt As of this date, I have received no response. PERSONAL SERVICE CONTRACT FOR CHARLES MICHAUX I have reviewed the personal service contract between the City of Buffalo and Charles Michaux. I am inquiring as to why the City Clerk has previously performed these duties for the past 15 years and now you find it necessary to assign these duties to an independent contractor. RECEIVED AND FILED NO. 43 FILLING JOB VACANCIES In response to your correspondence of February 1, 2005 regarding items discussed at the Civil Service Committee meeting held on February 1, 2005, be advised of the following: The practice for advertising job openings varies. If the position is in a bargaining unit, the Departnent Head must follow the mandate of the contract for filling civil service positions where no eligible list is in place. If the position is not in a bargaining unit, the Department Head may fill the position at his/her discretion, in accordance with the qualifications stated on the job spec. When there are no bargaining unit applicants, the Department Head may fill the position as stated above. All appointments are subject to civil service approval. Advertising for the temporary vacancy for Insurance Contract Analyst was done in-house by sending postings to all city departments, unions, council members, posting in Room 1001 City Hall and web site. At present, our budgets do not have money allocated for advertising such vacancies in newspapers, etc. The job spec for Insurance Contract Analyst is enclosed. This position performs a vital function within the Human Resources Department. This function is mandated by union contracts since the incumbent performs all duties involved with life insurance benefits, including daily updates, for all City of Buffalo employees. The permanent incumbent is currently on a medical leave of absence and is seeking a disability retirement. The current incumbent is holding this position on a temporary basis during this leave & absence. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY NO. 44 Buffalo Sewer Authority's Annual Report for the 2003-2004 Enclosed is the Buffalo Sewer Authority's Annual Report for the 2003-2004 fiscal year. If you would like to update your information for, or be removed from, this mailing list, please e-mail: evelvn@sa.ci.buffalo.nv.us COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 45 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1864 Clinton St Full House Saloon Paul E. Bukowski 153 Hertel Zapolies Michael Rzepa RECEIVED AND FILED NO. 46 Leaves of Absence Without Pay Page 20 05-0222.txt I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: POLICE Lisa WElson, Raehelle LeVesque-Pratts, Debra Cordone Jimmie Pitts, Sandra Brown FIRE: Johnathan Eaton Corporation Counsel- Darryl McPherson RECEIVED AND FILED. NO. 47 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. No 48 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: February 7, 2005 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment at the: Flat Starting Salary of: $10.25 Brian T. Murrett 50 Lilac Street Buffalo 14220 Certificate of Appointment Appointment Effective: February 14, 2005 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader Permanent Appointment at the: Minimum Starting Salary of: $ 26,562 James M. Wozniak, Jr. 27 Lombard Street Buffalo, New York 14206 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 49 INFO PBA Please file the attached correspondence regarding the PBA Information for the upcoming Council Session to be held on Tuesday, February 22, 2005 for further discussion. Thank you in advance for your assistance in this matter. Firearms are unlikely for U.S. Customs agents U.S. Customs agents should be working at booths on the Canadian side of the Peace Bridge within two years, but they are likely to be carrying pepper spray instead of firearms, authorities here and in Buffalo confirm. Sen. Charles E. Schumer, D-N.Y., said he learned of the decision during a meeting in his office with Asa Hutchinson, undersecretary of homeland security for border and transportation security. Hutchinson said American inspectors will have "batons and mace and pepper(spray) but no firearms, which meets both sides' satisfaction," Schumer said. Armed police backup - when necessary - will be provided by Canada. However, Canadian officials maintained Friday the question about arming U.S. agents has not been completely settled. At the same time, they were not willing to say Canada's Liberal Party policy against U.S. agents wearing sidearms across the border has been abandoned. The firearms issue has been a touchy one with the National Treasury Employees Union, which represents U.S. Customs personnel. The union's insistence on its agents carrying firearms into Canada has long been a stumbling block to full use of the big clearance yard built seven years ago in Page 21 05-0222.txt Fort Erie, Ont. Customs officials who carry firearms are given hazardous-duty status and earn more in pay and benefits. A probable settlement is that the U.S. agents assigned to Canada will be deemed by the Homeland Security Department to be on hazardous duty even though they have no firearms. When opened, the inspection station in Fort Erie will be the first at the border where American agents operating on Canadian soil will be clearing vehicles bound for the United States. Paul J. Koessler, chairman of the Peace Bridge Authority, said the move of the U.S. inspection station to Canada will be accomplished within two years regardless of how far along the Peace Bridge replacement process has moved. The transfer of the inspection booths is expected to speed traffic on the bridge, which at times has resulted in miles of backups. Schumer said the U.S. State Department will have the American share of the regulations written in a month. Moving truck inspections from Buffalo to Fort Erie means the authority will need far less room for a plaza on ,..,,, the Buffalo side for the bridge expansion.\ Schumer said because the operation will be on Canadian soil, the Canadian Parliament needs to take a legislative pathway and its work won't be done until June. Koessler confirmed the arrangements during a meeting he said he had with Roger Marsham, Canadian consul general in Buffalo. "We're delighted, of course," Koessler said, "and we'll be able to move as soon as the two governments complete" their paperwork. Not wishing to comment on a U.S. labor dispute, Chris Kealy, a spokesman for the Canada Border Services Agency, said the firearms issue "has not been determined to the best of my knowledge at this point." On the question of infrastructure, Koessler and other authority members are scheduled to meet next week to discuss how to build the proposed truck inspection facilities in Fort Erie. One Canadian source said a starting point will be to take the plan for the truck inspection facility for the expansion project as once envisioned for the Buffalo side and try it out for size in Fort Erie. Schumer said he also met with Michael Chertoff, secretary designate of homeland security, and secured Chertoffs assurance that he would move aggressively to complete the transfer of inspectors to Fort Erie once he is confirmed. Hutchinson's visit with Schumer probably will be his last as undersecretary. He is resigning. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 50 SECURITY REQUIREENTS PEACE BRIDGE Please file the attached correspondence regarding the Security Requirements for Peace Bridge Plaza for the upcoming Council Session to be held on Tuesday, February 22, 2005 for further discussion. Thank you in advance for your assistance in this matter. FOR IMMEDIATE RELEASE: February 16, 2005 SCHUMER PUSHES FEDS TO OUTLINE SECURITY REQUIREMENTS FOR NEW PLAZA SO PEACE BRIDGE PROJECT CAN MOVE FORWARD Be fore federal environmental study can move forward, Peace Bridge Authority officials need to know what the Department of Homeland Security will require for a new Canadian plaza Since announcement of Shared Border Management agreement in December, Peace Bridge officials have been unable to secure a meeting with Customs/DHS officials to get things moving US Senator Charles E. Schumer today urged the US Department of Homeland Security to meet with officials from the Peace Bridge Authority to lay out security requirements for a new Canadian plaza at the Buffalo-Fort Page 22 05-0222.txt Erie border crossing. The federal environmental impact study (EIS) currently underway cannot move forward until the plaza requirements are set forth. Last week, Schumer met with outgoing Undersecretary of Homeland Security Asa Hutchinson, who said that plans to implement the shared border agreement are moving forward. "We took a huge step forward in December toward finally getting this project done when the Shared Border agreement was announced," Schumer said. "Now we have to do everything in our power to make this plan happen." In December, Homeland Security Secretary Tom Ridge and Canadian Deputy Prime Minister Anne McLellan announced a binational agreement that will move all Customs and toll facilities to the Canadian side of the Peace Bridge. Before that announcement, Federal Highway Administration (FHWA) did not include a shared border arrangement as a "reasonable alternative" in its EIS. Now that the agreement has been made official, a full study of the shared border alternative must be put into the EIS. Peace Bridge officials estimate that it will take six to nine months to complete the shared border study, and that an official Draft Environmental Impact Statement will be issued this fall, if they get the information they need from the Department of Homeland Security. "We can't design the new plaza until we know what Homeland Security wants it to look like," Schumer said. "They need to get the ball roiling now so we're not waiting around another ten years to get this project done." Although there is an overall agreement to move all of the Customs facilities to the Canadian side of the Peace Bridge, there are many details to hammer out. Homeland Security may have specific requirements for the number of truck lanes and parking spaces that must be available, as well as requirements concerning the flow of traffic coming into the plaza from the Queen Elizabeth Way. http://schumer.senate.gov/SchumerWebsite/pressroom/press-releases/2004/ PR4132.PceB... 02/17/2005 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 Ambulance Provider I am writing to request that you reconsider the recommendations of the Buffalo Emergency Services Board and the Finance committee in initially selecting Rural/Metro as the City's ambulance provider. The other bidder, MedCorp, is a dynamic company by any standards. In less than 12 years, the company has become the largest ambulance provider in the State of Ohio, and likewise has a growing presence in Southeast Michigan. They currently provide ambulance services in Toledo/Lucas County, Findlay, Bucyrus, Lima, Portage, Maumee, Bowling Green, Dayton, Defiance, and are the ambulance/first aid provider for the Daimler-Chrysler Toledo North assembly plant and Toledo Zoo, amongst others. In submitting their bid, MedCorp shared their new vision for ambulance service in the City of Buffalo. The company recognizes that the foundation of their proposal is a cooperative relationship with the City of Buffalo. Their proposal offers, among other provisions: •18 new, state-of-the-art vehicles for Buffalo's EMS System. •2 new Medical Command Unit vehicles. •Physio Control Life Pak 12 Monitor/Defibulator for each ambulance. •New portable and mobile radio system. •Automatic Vehicle Locating System to track ambulance location, speed, and direction of travel for quickest and most efficient EMS deployment. •Minimum of 7 Advanced Life Support Ambulances to be allocated in ADI's discretion and never to be used for private ambulance transports. ADI will have sole authority to dispatch, post, monitor, and control each of the 7 designated units. •Deployment of up to 5 additional Advanced Life Support Ambulances during peak hours for exclusive use of the Buffalo EMS system. •Minimum of one Medical Command Unit will be on call at all times Page 23 05-0222.txt exclusively for the Buffalo EMS system. •The company will establish a Special Operations Group within the Buffalo EMS system to handle incidents involving: Air transport, HAZMAT decontamination, mass casualty, bio-terrorism, SWAT operations, and large- scale community events. •MedCorp has the willingness to certify its Communications Center as a secondary Public Service Answering Point to back up ADI. •MedCorp will establish a Medical Supply Inventory Division. •MedCorp has a team of experts in ambulance claim filing and accounts receivable management. •MedCorp is an industry leader in the transport of bariatric (morbidly obese) patients, and will have specialized stretchers and equipment available for use in the Buffalo EMS System for bariatric patients. This proposal clearly introduces a much different vision for an ambulance provider in the City of Buffalo. MedCorp recognizes the necessity to build a partnership with the City and share its unique and progressive approach to EMS services. And, with the aforementioned technological advancements at the City's disposal, this relationship could greatly improve the health and safety of the City's residents. Likewise, this cooperative vision and continuous monitoring of the company's performance can only serve to ensure the fastest and best ambulance service to city residents. But MedCorp has raised the bar even higher. The company is so confident that the Buffalo market is a worthwhile market to invest in, they are willing to pay an annual franchise fee of $500,000.00 to the City, a difference of over 1 million dollars more over the life of the agreement than Rural/Metro's bid. Thus, the City of Buffalo has the opportunity to join this partnership with a provider that not only offers (1) cooperative vision; (2) new, state-of-the-art equipment; and (3) a proven track record, but one who is so convinced of the desirability of this market that it is willing to pay over 1 million dollars to the City more than it's competitor over the life of the agreement. Of course, you may now be thinking that you should have confidence in the Buffalo Emergency Services Board to fully and fairly investigate the proposals from each company and make a recommendation based upon what is best for the City of Buffalo. However, as has been confirmed, not one of the municipalities submitted as references by MedCorp received any inquiries from the Board. Thus, even the process itself is subject to some question as to the Board's investigation. But, even aside from the limitations of the process itself, there are larger reasons why the Council should scrutinize each bid. This region, and the City of Buffalo in particular, have faced severe economic challenges over the last 30 years. Countless companies have either folded or moved elsewhere in the country and world, leaving the region struggling to find its economic niche. The urban and regional economic revivals of the 1980's and 1990's (i.e. Cleveland, Pittsburgh, Columbus, Atlanta, Nashville, Charlotte, etc.) were predicated upon attracting businesses to invest in a city or region. Sadly, we cannot point to many shattering successes over that period. While the City and region have attracted a few out-of-state companies, most efforts regionally have been defensive in nature, usually centered on keeping an existing employer from moving away. From my discussions with a few council members, there appeared to be some concern that MedCorp was an "out-of-state" company, while Rural/Metro was viewed as a "local" employer. While that may have been true years ago when LaSalle Ambulance was in operation locally, Rural/Metro Corporation purchased LaSalle. Rural/Metro Corporation was organized and operates out of the State of Arizona. Attached please find a copy of the LaSalle Ambulance, Inc. entity page from the New York State Secretary of State showing that the Chairman is Jack E. Bruckner of Scottsdale, Arizona. Likewise, I have enclosed a printout from the Arizona Secretary of State showing Jack E. Bruckner as the President/CEO of Rural/Metro Corporation that has its principal office in Phoenix, Arizona. Rural/Metro Corporation is simply doing business as LaSalle Ambulance, Inc. and is as much an out-of-state company as MedCorp. MedCorp is a company that wants to move to this area. They are willing to Page 24 05-0222.txt make an investment in our community that has no parallel, and we believe that the Council should scrutinize each bid and determine whether Buffalo is ready and willing to embrace MedCorp's vision for EMS in the City of Buffalo. I have enclosed sections of their proposal for your review. Please feel free to contact me if you have any questions about this proposal. RECEIVED AND FILED NO. 52 CITY/COUNTY PARKS AGREEMENT Please file the attached item for the Common Council meeting to be held on Contrary to what everyone claims, the City Parks remain open with the exception of LaSalle and McCarthy parks. I am assigned to the city parks as Assistant Deputy Comm. I hold a permanent Civil Service title of Youth administrator and I have been a county employee for over 22 years. Even though • have veteran's retention rights, in these trying times it remains to be seen if my position is eliminated. I have managed the 175 non-Olmsted parks since July 1st and I have always done my best to ensure they were maintained to the utmost of our capabilities. There is an inter municipal agreement for the operation, management and improvement of Buffalo Parklands. I have given up on the county to maintain our equipment and help with our city parks. They have steadfast claim they don't have the resources to repair our equipment. I have only two snowplows left to plow the city parks out of six. I need inspections for at least 8 vehicles and parts for at least 4. Our City Forestry Trucks are currently down. I am looking for your support to locate funding to help with upkeep of these vehicles and park's equipment whether our of block grants or special funding. If you have any further questions, please call me REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF ADMINISTRATION AND FINANCE, ERIE COUNTY LEGISLATION AND ERIE COUNTY PARKS COMMISSIONER NO. 53 Streets Department Dispatcher Please file the attached correspondence for the upcoming Council Session to be held on Tuesday, February 22, 2005 for further discussion. Thank you in advance for you assistance in this matter. I would like to introduce myself, my name is Lawrence J. Sobocinski and I am a fifty one year resident of the City of Buffalo. I like to explain a little bit about myself. I am the third generation family member living in Buffalo and I reside in the Lovejoy District Neighborhood. Of the 51 years that I have lived, I have been employed by the City of Buffalo Streets Department of a total of sixteen years. For the last 12 years, I have also been on the Board of Directors for the Lovejoy Neighborhood Revitalization Committee. I love this city! In September/October 2004, there became an opening in the Streets Department for a Dispatcher. Beside myself, there were six other individuals who applied for this position, by undergoing a Civil Service test. The test scores were all very close in number. The Mayors office was to promote one individual to fill this position. The person who was chosen to become the new dispatcher, was not a resident of the city. He moved out of our city in 1993 and had become a resident of Lackawanna. Civil service stated at that time, he had a dual residence. What does this mean? As a fifty-one year resident of the "City of Buffalo", I feel that this was wrongfully unjustified. I feel that the people who live in Buffalo should receive preference over a non-resident for an employment promotion that has a definite effect on the city and its workings. Whom did this person vote for, and where does he spend his money, not in Buffalo. I know who a voted for, and where my Page 25 05-0222.txt family spends our money. I work here because I love my city. We residents of Buffalo are tired of taking a back seat to the people in the suburbs for our jobs and for bad mouthing us for staying in the city. I think our mayor should think about what he promotes, that the city workers should actually live in the city. Clearly he doesn't think this way anymore, and its too bad. It may be too late for this particular position and I, but with your assistance, unjust acts like this one can be corrected for the future city employees. People who live here now are trying to make this city stronger again, by making a difference where we live, and trying to stop people from moving out of Buffalo and saving our city from distinction. Please help me to get a message out to the mayors' office for criticizing his own citizens who helped to get him elected to office in the beginning. Frustrated and disappointed, RECEIVED AND FILES No. 54 RE: CDBG FUNDING CUT TO LITERACY VOLUNTEERS As an agency that receives CDBG funding--albeit a very small amount--I have been following the recent issues that you have faced as you put together the CDBG budget for Year 31. In the February 8th edition of the Buffalo News, you encouraged agencies to provide input to you and assured all that the process was indeed still open. I truly hope that this is the case and in this vein, am asking you to reconsider the illogical cut made to Literacy Volunteers, and to fund us at a level of twice the allocation we received last year, for a total sum of $32,000. I had great hopes when you detailed the changes that you were making to the CDBG process. In fact, I stood alone at the September 2003 CDBG public hearing to defend the Office of Strategic Planning from vicious attack by various community based agencies (I believe you were attending an event with the Mayor and hence were not at this meeting). I implored people to give the new process a chance and told them how positive the dealings that I had with your staff were. In the end, I had to be walked to my car because people were so enraged but I was undeterred. I truly believed that your new process would work. More importantly, I believed in you. To put it in perspective, I spent five years working in city government, in your very office, for one of your predecessors, and I saw a lot. I was willing to trust that you came to Buffalo to drastically change the way city government operated and for that I was excited. So I toiled over my CDBG application, and was so pleased to report the major strides we had made in programming and the exciting strategic initiatives we had planned for 2005. Now I want to know....did anyone even read my application that I spent days preparing, at an opportunity cost to the people I serve? Today's Buffalo News stated that the Year 31 CDBG allocations are not based at all on best practices and that there were no distinctions made in the 20% cuts made to agencies. Can you imagine how this makes an agency director--who is striving everyday toward better service delivery--who completed her most successful program year ever, and are on track to serve 25% more students this year--feel? Well, I will tell you. FURIOUS. This year marks Literacy Volunteers' 40th anniversary. With four decades of fiscal stability, trustworthiness, and dedication behind this corporation, this firm has always found its way, albeit at times on a "shoe-string" budget, to help improve the quality of life for all Buffalo's residents by making literate those who could not functionally read or write. In turn, we have annually returned 1,000 new readers to city neighborhoods as many of them seek, secure and remain employed, housed, and taxpaying. National statistics show that literacy returns $33.00 to a local economy. More astoundingly, if we multiplied that 1,000 served annually over 40 years, we'd be in the ballpark of about 40,000 new readers (most of them city residents) living productive and contributing lives! What Literacy Volunteers doesn't have in real capital, it has in human capital. Calculations from the state show that for every $1.00 we receive from state taxpayers, we generate over $13.50 in "volunteer labor". Our internal analysis suggests that the investment ration is equal for other government Page 26 05-0222.txt sponsors, including the City of Buffalo. For 40 years, Literacy Volunteers has recruited and hosted thousands upon thousands of suburban volunteers to "work" (over 80,000 volunteer hours "worked" last year alone) in the City of Buffalo to tutor functionally illiterate residents. African-Americans and Latinos make over 60% of our Adult Basic Learners. Our city has an urgent crisis of intergenerational illiteracy, which is condemning another generation of Black and Latino children to unnecessarily protracted years of poverty. Nonetheless, the population most undermined by this crisis is women, especially single mothers, which becomes more exacerbated in meeting the needs of Black and latino women. Literacy is as much an economic development concern as any "job training" grant or "PILOT". Can the city afford to lose 80,000-plus hours of free tutoring, let alone another 40,000 people to illiteracy? Given the longevity of our volunteers' service, Literacy Volunteers seems to have served Buffalo ,,veil as an ambassador of the city's goodwill to our suburban neighbors. We're not manufacturers, restaurateurs, call centers, sports enthusiasts, or scientists. At Literacy Volunteers, we tutor people to literacy and share the unique gift of English comprehension with children, job applicants, and newly sworn citizens alike. Literacy Volunteers will continue to do its part in restoring the heart of the city as we restore the souls of men and women, one word at a time. Did you know that Literacy Volunteers routinely tutor (for free) ESL to the foreign nationals filling many of highly-desirable, well-paid Medical Corridor research jobs? How's that for helping to advance our economy! Literacy Volunteers has retained long-standing relationships with many of these scientists, too, as they produce and find incredible biomedical discoveries. We were so pleased to learn that the Mayor included Literacy Volunteers in his "State of the City" address, lauding its move to the historic Squier Mansion. We are thrilled to be a part of the city, and have always been tremendous supporters of both the city--and the Mayor. For its 40th anniversary, Literacy Volunteers is organizing year-long events at the Squier house, fundraisers, and special soirees for our donors and the general public. In April, we'll have a 10,000-piece appeal letter mailed across the city and county. As the agency generates its own publicity, with an Editorial Board meeting, press events, neighborhood- and school-based openings of satellite literacy sites, donor relations gatherings, and a widespread annual appeal, Literacy Volunteers would absolutely use each occasion to thank the Mayor and city for positively replying to our request for aid. This deal is win-win for all involved. To that end, Literacy Volunteers is simply asking for $32,000 in CDBG funding which ,,viii go to an agency that is making a considerable difference in our city, and in our region. Please call me at 876-8991 if you have any questions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 55 INFO HOMEOWNER INSURANCE I am in receipt of your recent letter to the Attorney General. He has asked me to thank you for sending us the Council's "Prevent Homeowner Insurance Rip-off' resolution. Your correspondence has been forwarded on to the appropriate members of our staff. I am sure that it will be of interest to them. We will be sure to keep the Council's views in mind during any discussions we may have on this issue. Once again, thank you for taking the time to write and for sharing this information. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 IMPOUND RETENTION FACILITY This letter is in reference to our conversation in the User Fee hearing room in January. Yon requested a formal letter prior to submitting a bill before the Page 27 05-0222.txt Common Council for an ordinance or license for an impound retention facility. Illegally abandoned autos left on private property and apartment complexes cannot be removed by the police. Private licensed removal services can fill in this gap. I have a fenced in, stoned, secure facility and all necessary equipment and expertise to fulfill this business. As a long time citizen and businessman of our community, I would appreciate all the assistance needed to expedite this matter. Fell free to contact me if any further information is required @ 897-1919 or 602-2957. REFERRED TO COMMITTEE ON LEGISLATION NO. 57 BLAZING A GREEN TRAIL COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 58 News Article - The Challenger - February 9, 2005 "What Happened to the Section 3 Program" Attached please find the above-referenced item to be filed for the Buffalo Common Council meeting to be held on Tuesday, February 22, 2005. COPY AVAILABLE IN THE COTY CLERKS OFFICE FOR REVIEW REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO. 59 AFRICAN AMERICAN CULTURAL CENTER SPECIAL EVENT PERMIT Enclosed please find the Special Event Permit Application and Planning Form that the African-American Cultural Center received from the Buffalo Olmstead Parks Conservancy. In reading over the guidelines in reference to the Pine Grill Jazz Reunion and the Masten District Jazz in the Afternoon concerts, there is no way that this agency can afford to come up with the monies/deposits that are being requested to utilize Martin Luther King Park. We are already in a financial bind and we don't know if we are going to be able to present the largest event that the African-American community truly comes out and enjoys. I spoke with Marcus Brown President of Juneteenth, and he was just as overwhelmed as I to receive such a communication. Mr. George K. Arthur, and I would like to call a meeting with you in order for us to pursue this situation and make you aware of what are intentions are so you are fully informed. Because Monday is a holiday, we thought perhaps that was a good, it would be very short. If this day is not good, perhaps you could suggest another, but we do need to meet next week. I will contact your office later today, for a day and time. Your assistance in this matter is greatly appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMISSIONER OF PUBLIC WORKS NO. 60 Request for Sidewalk Repair @ 495 Norfolk Avenue I am writing to respectfully request your assistance in filing the enclosed item with the Common Council for review and deliberation at the next meeting scheduled on February 22, 2005 at 2pm in Council Chambers. I thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-5145. I serve notice the City of Buffalo for not properly fixing the sidewalk in front of 495 Norfolk Ave. The city crew came out and put tar on the sidewalk instead of making it even to walk on, if anyone is injured on the uneven sidewalk the City of Buffalo will be responsible for all injuries sustained because of this. Page 28 05-0222.txt Also the City of Buffalo will be held responsible for any accidents that may happen for not removing the signal light on Olympic St. that is causing traffic to remain on the exit ramp not allowing traffic to turn at the light. This problem has been a hazard for a few years; no one from your office will take care of this problem. REFERRED TO THE COMMITTEE ON FINANCE NO. 61 SCHOOL VIOLENCE I am writing to respectfully request your assistance in filing the enclosed item with the Common Council for review and deliberation at the next meeting scheduled on February 22, 2005 at 2pm in Council Chambers. I thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-5145. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 62 IMPROVED RATE STRUCTURE TAXI CABS TLPA Member uses TLPA Regulation Video to Educate City Council on Need for Improved Rate Structure TLPA Board member and 2004 Taxicab Small Fleet Operator of the Year Bill Yuhnke, Liberty and Yellow Cab Companies, Buffalo, N.Y., argued on behalf of a rate increase and a consistent rate structure on January 21 before the Buffalo City Council. His presentation to the council centered around TLPA's video, Regulation Makes the Difference," and resulted in the council granting the taxicab industry a fare increase and mandating consistent fares across the city. Buffalo's last taxicab rate increase was in February 1996, and since that time the price an owner-operator pays for insurance on a taxicab has jumped from approximately $4,100 a year to $7,000, Yuhnke says. Insurance companies now impose age limits for taxicabs. Every taxicab that is not owner-operated must have workers compensation insurance, which is approximately $1,700 a year, and gasoline prices have risen tremendously. The rate increase of 1996 stated that taxicab companies could not charge more than the new rate structure. One Buffalo company chose not to implement that fare increase since the wording did not state that a cab company could not charge less than the new rates. =It caused confusion and made the city and the industry look bad," Yuhnke says. "If a visitor takes a taxicab from the airport and is charged $21 for the ride in a lower-quality vehicle, and then a vehicle from my company takes them back to the airport and charges the standard rate of $26 in a ear that is insured and well maintained, then the customer believes that they are being ripped off by my company." Taxi companies in the area tried to compete with the one company with lower rates that did not maintain the same quality of vehicles that other companies did. =The different rates (in Buffalo) were making companies that ran updated vehicles lower their rates in order to remain competitive," Yuhnke says. "1 see taxicabs that aren't plated, that are older and in poor condition, operating in an illegal fashion. Companies that have proper insurance and well maintained vehicles have to compete with that. Every other taxi service in the market is running the same rates except one. Some people think that's competition, until you see the (other company's) cars. "The deregulation video shows how it is in the city's best interest to have uniform rates," Yuhnke continues. =1 explained to the council that water rates are the same all over the city;, that bus rates are the same all over the city." He presented the taxicab rate regulations of a nearby locality, which gave the rate structure and also stated that the area's companies could not charge more or less than the mandated rates. As a member of the city's Taxi Advisory Board, Yuhnke had tried to get council members to view TLPA's deregulation video in the past, but it was not until the meeting about the proposed rate increase that he had success in Page 29 05-0222.txt getting the video viewed by the majority of the council. "By not having a uniform fare structure, they were deregulating and didn't even realize it," Yuhnke says. Several members of the nine-person council thanked him for the education that his presentation provided, as did other members of Buffalo's taxicab industry. Buffalo's taxi inspector expressed how difficult it would be for his staff to have two different rates for taxicabs in the city. Yuhnke has made other efforts to create a more regulated environment for Buffalo's taxicab industry. He drove one Council member to a local grocery store and pointed out a sign in front that said, "Gypsy Cabs Park Here." Yuhnke explained what legitimate operators have to do to keep their vehicles insured and in compliance with taxicab regulations, and discussed with the council member the difficulty in competing with operators who provide illegal service. Yuhnke and the council member eventually were able to convince the grocery store to remove the sign. Regulation Makes the Difference" runs for 20 minutes and was produced for TLPA in 1999 by the Institute for Transportation Research and Education of the University of North Carolina. =Even though the video is from 1999, the facts are still the same," Yuhnke says. "The video is timeless. You can use it today." Five days after the hearing - on January 20 - the Buffalo City Council approved the new, consistent rate structure. The new structure maintains the $2.30 drop charge, but increased each additional sixth of a mile from 35 cents to 40 cents, an over 14 percent increase. There is a 40-cent charge for every minute of waiting time, up from 35 cents. On February 3, the mayor signed the new rate legislation, and it went into effect immediately. In addition to the new rates, Yuhnke has been working for a mandate that the new taxicab rates be permanently affixed to the outside of the taxicab. In the past, he says, less-reputable operators would use a magnetic rate sign that they would then remove from the vehicle after it was inspected. Yuhnke believes it is up to transportation operators to educate their regulatory bodies. =It's up to us as business owners to educate our local governments," he explains. =We need to use the tools that are at our disposal. I think all companies need to do this. If you have an opportunity, you have to take it." REFERRRED TO THE COMMITTEE ON LEGISLATION NO. 63 B. Louis, Use 72 Pearl Street, Erect a 4th Floor Deck (No Hearing Required) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 64 PETITION TO CALM TRAFFIC ON STARIN AVENUE RESIDENTS' PETITION FOR TRAFFIC CALMING ON STARIN AVENUE We, the undersigned residents and neighbors of Starin Avenue, hereby petition the city of Buffalo to remove the No Parking 7:00 - 9:00 am and 4:00 - 6:00 pm signs, and restripe the road to add a parking lane with alternate parking on our sweet. We believe that these changes are necessary to improve safety in our residential neighborhood for the following reasons: •The existing signs encourage the use of two traffic lanes in each direction during the morning and afternoon peak traffic time, while the road is too narrow to safely support the use of two lanes. •The existing signs also encourage speeding and erratic driving by commuters as they illegally pass other vehicles on the right and weave in and out of Waffle, which has resulted in several traffic accidents and "near- misses" recently. •Starin Avenue is a residential street with many young families. Several major routes (i.e. Hertel Avenue, Keamore Avenue, Richmond Avenue, Forest Avenue, McKinley Parkway, and even Niagara Street near Riverside Park) have been converted successfully to one lane in each direction while handling substantially more traffic. Page 30 05-0222.txt The City must now concede that prompt action is necessary to improve safety in our neighborhood. We would be happy to consider other ideas the City may have, if they are applicable to improving our street's safety. We ask that we be involved in the decision making process. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) NO. 65 Appt Personnel Assistant(Temp)(inter)(HR) (C.C.P # 46, Feb 8, 2005) That the Temporary Appointment of Marybeth Tempestoso of 145 Dorchester Road, Buffalo NY 14213 at the Third Step of $29,384 be the same and is approved. PASSED AYES – 9 NOES -0 NO. 66 R. Lander-Established Residency in COB (CCP# 60, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 67 Budget and Personnel Amendment Comm Svs (C.C.P# 141, Feb 8, 2005) That the Above item is hereby approved PASSED AYES – 9 NOES – 0 NO. 68 Request Six Month Residency Waiver for Director Homeland Security Candidate (CCP# 34, 09/21) That the above item be and the same hereby is Received and Filed ADOPTED FINANCE (Brian C. Davis, Chairman) NO. 69 Citizen Services-2004 Annual Report (CCP# 5, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 70 PARKING LOT BIDS - PARCEL NO. 29 & THRUWAY LOT NO. 5 (ITEM NO. 6, C.C.P., FEB. 8, 2005) That the Board of Parking be, and he hereby is authorized to award a contract for a three (3) year lease for Parcel No. 29 and Thruway Lot No. 5, to Pro Park LLC, the highest responsible bidder, in the amount of$114,411.00. PASSED AYES - 9 NOES - 0 NO. 71 DRUG ASSET FORFEITURE CHECKS RECEIVED(POL) (CCP#32, 02/08) Page 31 05-0222.txt That the above item be and the same hereby is Received and Filed ADOPTED NO. 72 PURCHASE URBAN AREA SECURITY GRANT VEHICLES (ITEM NO. 79, C.C.P., NOV. 16, 2004) (ITEM NO. 35, C.C.P., FEB. 8, 2005) That the Commissioner of Police, and the Department of Purchase be, and they hereby are authorized on behalf of the City to purchase four (4) marked specialized emergency response vehicles and one marked (1) watercraft response unit/trailer for the Police Department's CBRNE Unit and pursuant to the 2004 Urban Area Security Grant Initiative in an allotted amount of $510,000.00, and approved by Item No. 79, C.C.P., November 16, 2004. PASSED AYES - 9 NOES - 0 NO. 73 PERMISSION TO PURCHASE AND TRADE-IN FIRE APPARATUS (ITEM NO. 38, C.C.P., FEB. 8, 2005) That the Commissioner of Fire be, and he hereby is authorized to purchase new apparatus and trade-in obsolete apparatus as listed in the above communication, in the amount of $2,750,000 from Capital Funding secured. PASSED AYES - 9 NOES –0 NO. 74 REQUEST FOR RESPONSE IRON ISLAND SECURITY HOT SPOTS PROJECT(POL) (CCP#36, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 75 SELECTION OF AMBULANCE PROVIDER (ITEM NO. 39, C.C.P., FEB. 8, 2005) That the Commissioner of Fire be, and he hereby is authorized to enter into a five (5) year agreement with Rural Metro Medical Service as the sole provider of ambulance services to the City of Buffalo upon the recommendation of the Emergency Services Board and the Fire/EMS Task Force. PASSED AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, RUSSEL, THOMPSON - 8 NOES – GRIFFIN - 1 NO. 76 INFO TREE AND TREE ROOT CLAIMS (LAW) (CCP#55, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 77 CITY CLERK'S OFFICE CONSULTING CONTRACT (CCP#140, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 78 REQUEST TO PLACE POLICE CAMERAS AT STRATEGIC LOCATIONS(4TH RES)(#137, 11/3) (CCP# 119, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED Page 32 05-0222.txt NO. 79 PURCHASE/REPLACE VEHICLES -DIVISION OF BUILDINGS - MAINTENANCE FLEET (ITEM NO. 25, C.C.P., JAN. 11, 2005) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to purchase/replace three (3) vehicles in the Division of Buildings Maintenance Fleet, as more fully described in the above communication. The total purchase amount is not expected to exceed $50,000.00 and funds are available in Public Works accounts 15050007- 474200 and 13296007-474200. PASSED AYES - 9 NOES - 0 NO. 80 R. FONTANA-SAVE ENERGY/SAVE MONEY-ROM LIGHTING (CCP#54, 01/11) That the above item be and the same hereby is Received and Filed ADOPTED NO. 81 DRUG ASSET FORFEITURE CERTIFICATION REPORT AND AUDIT FY ENDING 6/04 (CCP#25, 01/25) That the above item be and the same hereby is Received and Filed ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 82 A. CLEARY, PETITION TO USE 125 CHERRY STREET - 2V NON ACCESSORY SIGNS (ITEM NO. 69, C.C.P., FEB. 8, 2005) That the above item be, and the same hereby is, returned to the Common Council without recommendation Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 83 LAMAR ADVERTISING - REZONE 393 KENSINGTON AVENUE - R2 TO C2 (ITEM NO. 70, C.C.P., FEB. 8, 2005) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511- 126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R-2" Residential District for the premises known as 393 Kensington Avenue, and more particularly described as follows: SCHEDULE"A"-3 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York being part of lot No. 12, Township 11, Range 8 of the Holland Land Company's Survey bounded and described as follows: COMMENCING at a point in the southeasterly line of Kensington Avenue as a street 82.5 feet wide, 704 feet northeast from the intersection of said line of Kensington Avenue with the easterly line of Fillmore Avenue; thence southeasterly at right angles with Kensington Avenue, 47.04 feet to the principal place of beginning; thence northeasterly on a line drawn at right angles to the last described line 35.0 feet to a point; thence southeasterly at right angles to the last described line 51.66 feet to the northwesterly line of Kensington Expressway; thence southwesterly along the northwesterly line of Page 33 05-0222.txt the Kensington Expressway 35.16 feet to a point in a line drawn at right angles southeasterly from the southeasterly line of Kensington Avenue through the point of beginning; thence northwesterly along said line 55 feet to the point of beginning. Together with a right of way and easement for ingress and egress to and from premise; and for purposes of servicing and repairing the improvements on premises over the following described lands situate in the City of Buffalo, County of Erie and State of New York being part of Lot No. 12, Township 11, Range 8 of the Holland Land Company's Survey: BEGINNING at a point in the southeasterly line of Kensington Avenue as a street 82.5 feet wide, 715.50 feet northeasterly from its intersection with the easterly line of Fillmore Avenue; thence southeasterly along a line drawn at right angles to the southeast line of Kensington Avenue 35.04 feet to a point; thence southwesterly at right angles to the last described line 23.50 feet to a point; thence southeasterly at right angles to last described line 68.14 feet to the northwesterly line of Kensington Expressway; thence northeasterly along the northwesterly line of the Kensington Expressway; 12.05 feet to a point in a line drawn southeasterly at right angles through the point of beginning; thence northwesterly along said line drawn at right angles through the point of beginning 55 feet to a point; thence northeasterly at right angles 35 feet to a point; thence southeasterly at right angles 51.66 feet to a point in the northwesterly line of the Kensington Expressway; thence northeasterly along said line of the Kensington Expressway 12.05 feet to a point; thence northwesterly along a line drawn at right angles to Kensington Avenue, extended southerly, 62.52 feet to a point; thence southwesterly at right angles 23.50 feet, thence northwesterly at right angles 35.04 feet to the southeast line of Kensington Avenue; thence southwesterly along the southeast line of Kensington Avenue 12 feet to the place of beginning. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 3-19 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Michael B. Risman Corporation Counsel PASSED AYES - 9 NOES - 0 NO. 84 ENCROACHMENT - 598 MAIN STREET (ITEM NO. 26, C.C.P., FEB. 8, 2005) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Howard Zemsky, Mr. Douglas G. Swift, Mr. Joseph A. Petrella and Mr. William J. Jones, owners of 598 Main Street, to install an overhang above the entrance at the comer of Main and Chippewa Streets, approximately 22 feet in width, encroaches a maximum of 7 feet into the right of way, and begins approximately 10 feet above the public sidewalk, at said address, subject to the following conditions: That the property owner be responsible for maintenance of said encroachment for as long as it remains within City right of way. That the property owner supply the City with a construction in street bond and/or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachment. Page 34 05-0222.txt PASSED AYES - 9 NOES - 0 NO. 85 J. FLYNN-PARKING PROBLEMS-TRACY STREET(PW) (CCP#28, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 86 ADVISORY OPINION ON MERGING THECOB AND EC(CC) (CCP#40, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 87 ORDINANCE AMENDMENT - CHAPTER 94 - BOILERS AND ENGINES (ITEM NO. 128, C.C.P., FEB. 8, 2005) That after the public hearing before the Committee on Legislation on February 15, 2005, the Ordinance Amendment as contained in Item No. 128, C.C.P., February 8, 2005, be and the same hereby is approved. PASSED AYES - 9 NOES - 0 NO. 88 PROPOSED AMENDMENTS TO STATE LAW TO RELIEVE THE CITY OF BUFFALO FROM PROVISIONS THAT INCREASE COSTS FOR THE CITY OF BUFFALO (ITEM NO. 138, C.C.P., FEB. 8, 2005) That the Buffalo Common Council supports New York State taking action to assist the City of Buffalo, sharing of sales tax revenue with the County of Erie, flexibility in utilizing bond funds for demolitions, changing NYS law to allow potential owner occupants to bid first on properties sold at City tax or foreclosure sales, exempt City contractors from having to pay an asbestos notification fee to NYS, have school board elections held in November instead of May and change NYS law regarding liquor licenses, all more fully described in the above communication; and That copies of this resolution be forwarded to the members of the Westem New York State Delegation and the Buffalo Fiscal Stability Authority. ADOPTED AYES –BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL - 8 NOES –THOMPSON - 1 NO. 89 APPOINTMENT - RENTAL ASSISTANCE CORPORATION BOARD OF DIRECTORS (ITEM NO. 123, C.C.P., JAN. 25, 2005) (ITEM NO. 99, C.C.P., FEB. 8, 2005) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the appointment of Marilyn Rodgers as a member of the Rental Assistance Corporation Board of Directors, be and hereby is ADOPTED RECEIVED AND FILED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 90 ARTSPACE PILOT (ITEM NO. 7, C.C.P., FEB. 8, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved Page 35 05-0222.txt That the above item be Received and Filed. ADOPTED NO. 91 D. SCHOPP-CONCEM FUNDING CUT LEGAL AID BUREAU CDBG GRANT (CCP#64, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 92 H. GARRETT-MINUTES FROM 9/17/04 MEETING EBAY HOUSING SCAMS/FLIPPING (CCP#42, 02/08) That the above item be and the same hereby is Received and Filed ADOPTED NO. 93 BUFFALO SOLAR LEARNING PARK PROJECT (ITEM NO. 155, C.C.P., DEC. 14, 2004) (ITEM NO. 116, C.C.P., JAN. 25, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved That the above item be Received and Filed ADOPTED NO. 94 F. LUHR-SUPPLEMENTAL FINAL ENV IMPACT STATEMENT ERIE CANAL HARBOR PROJECT (CCP#51, 12/28) That the above item be and the same hereby is Received and Filed ADOPTED SPECIAL COMMITTEES MINORITY BUSINESS ENTERPRISE COMMITTEE (ANTOINE M. THOMPSON, CHAIRMAN) NO. 95 A. THOMPSON-SUMM OF ARTICLE 15-A OF EXEC LAW-DIV OF MIN/WOM BUS DEV (CCP#58, 11/12) That the above item be and the same hereby is Received and Filed ADOPTED NO. 96 A. THOMPSON-H. BROOKS-TIMBERMAN-REQ PART MIN BUS REMOV TREES (#79,3/4) (CCP#113, 11/25) That the above item be and the same hereby is Received and Filed ADOPTED NO. 97 D. JOHNSON-BFLO FISC STAB AUTH REQ DIVERSITY FOR BFSA STAFF & CONSULTANTS (CCP#56, 11/25) That the above item be and the same hereby is Received and Filed ADOPTED NO. 98 CIMINELLI CONST CO-JT SCH CONST BD CONST/REHAB PROGRAM (CCP#44, 02/17) Page 36 05-0222.txt That the above item be and the same hereby is Received and Filed ADOPTED NO. 99 JT SCH CONST BD BMHA & BERC-VAR RPTS PRES TO MBEC COMM (CCP#44, 04/27) That the above item be and the same hereby is Received and Filed ADOPTED NO. 100 A. THOMPSON-NAT ASSOC OF MIN/WOM OWNED LAW FIRMS-SUPP EFFORTS-INCLUSIVENESS (CCP#64, 03/30) That the above item be and the same hereby is Received and Filed ADOPTED NO. 101 A.THOMPSON-J. PETERSS-INCLUSION COMM JT SCH CONST BD(#95,4/30)(CCP#133, 03/30) That the above item be and the same hereby is Received and Filed ADOPTED NO. 102 A. THOMPSON-MEMBERSHIP BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO (CCP#63, 10/05) That the above item be and the same hereby is Received and Filed ADOPTED NO. 103 CONTRACT COMPLIANCE ON COB CAPITAL PROJECTS (CCP#138, 10/05) That the above item be and the same hereby is Received and Filed ADOPTED RESOLUTIONS NO. 104 BY: MR. BONIFACIO ORDINANCE AMENDMENT CHAPTER 78, ANIMALS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 78 of the Code of the City of Buffalo be amended to read as follows: {}78-18 78-18 Running at large; special events. A. Each owner of a dog shall restrain such dog so as to prevent it from leaving the premises of such owner. A dog may, however, be taken off the premises of its owner when securely held in leash. The owner of a dog shall be held liable for a violation of this subsection whenever any unlicensed dog is found at large. The owner of record shall be held liable for a violation of this subsection whenever any licensed dog is found at large. B. Special events. (1) Notwithstanding Subsection A, no person shall bring a dog, either leashed or unleashed, to a special event held on municipal property. The owner of the dog or the owner of record shall be held liable for a violation of this subsection. (2) For the purposes of this Subsection B, a "special event" includes all entertainment's, exhibitions or performances described in Chapter 75 and other events on municipal property which require a permit or permission of the City of Buffalo or the Buffalo Board of Education. (3) For the purposes of this subsection, "municipal property" means all property owned by the City of Buffalo or the Buffalo Board of Education, including but not limited to parks, playgrounds and public streets. C.Mandatory Spay/Neutering for Impounded/Seized Dogs Any dog impounded or seized, whether licensed or unlicensed, shall be Page 37 05-0222.txt subject to mandatory spay or neutering pursuant to this section as follows: 1. All dogs, [five] four months or older, impounded or seized from a property in the City of Buffalo, and housed at the City of Buffalo Animal Shelter, must be spayed or neutered before it is returned to its owner or purchased through the adoption program. 2. The owner of any dog spayed or neutered pursuant to this section shall be responsible for the cost of said spaying or neutering. 3. Acceptable proof of ownership for release of any dog pursuant to this section includes one of the following: a NYS dog license, Veterinarian/Medical records, pet store proof of dog purchase and/or county rabies clinic certificate. 4. If ownership cannot be proven pursuant to section C3 above, then the City of Buffalo Animal Shelter shall follow the procedures set forth by the City of Buffalo regarding an abandoned dog. It is hereby certified pursuant to section 3-19 of the charter of the City of Buffalo, That the immediate passage of the foregoing ordinance is necessary Mr. Coppola moved That the ordinance amendment to Section 78-18 of the Buffalo Code is hereby approved APPROVED AS TO FORM Matter in brackets to be deleted. Matter underlined Is new PASSED AYES - 9 NOES - 0 NO. 105 BY: MR. COPPOLA APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shah expire at the end of the four year appointment. ADOPTED NO. 106 BY: MR. COPPOLA REFUNDING BOND RESOLUTION $110,000,000 BONDS REFUNDING OF 1993, 94, 95, 97, 98, 99, 2001 AND 2002 OUTSTANDING BONDS Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of said City, stating the plan of financing, appropriating an amount not to exceed $110,000,000 therefor, authorizing the issuance of $110,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Whereas, the City of Buffalo, New York (herein called "City"), has heretofore issued: on March 9, 1993 its $14,664,000 General Improvement Serial Bonds-1993-A (herein called the "1993-A Bonds"), now outstanding in the principal amount of $1,795,000; on February 23, 1994 its $13,987,000 General Improvement Serial Bonds- 1994-A (herein called the "1994-A Bonds"), now outstanding in the principal amount of $4,275,000; on December 14, 1995 its $20,464,000 General Improvement Serial Bonds- 1995-A (herein called the "1995-A Bonds"), now outstanding in the principal amount of $7,620,000; its $1,020,000 School Serial Bonds-1995-B (herein called the "1995-B Bonds"), now outstanding in the principal amount of $380,000; on February 19, 1997 its $39,052,000 General Improvement Serial Bonds-1997-A (herein called the "1997-A Bonds"), now outstanding in the Page 38 05-0222.txt principal amount of $18,120,000; its $18,800,000 School Serial Bonds-1997- B (herein called the "1997-B Bonds"), now outstanding in the principal amount of $12,895,000; on February 12, 1998 its $35,980,000 General Improvement Serial Bonds-1998-A (herein called the "1998-A Bonds"), now outstanding in the principal amount of $18,830,000; on February 25, 1999 its $45,758,000 General Improvement Serial Bonds-1999-A (herein called the "1999-A Bonds"), now outstanding in the principal amount of $28,215,000; on December 14, 1999 its $36,996,000 General Improvement Serial Bonds- 1999-D (herein called the "1999-D Bonds"), now outstanding in the principal amount of $18,785,000; on May 3, 2001 its $28,686,000 General Improvement Serial Bonds-2001-A (herein called the "2001-A Bonds"), now outstanding in the principal amount of $18,130,000; on December 27, 2001 its $34,000,000 School Serial Bonds-2001-D (herein called the "2001-D Bonds"), now outstanding in the principal amount of $30,390,000; on May 16, 2002 its $34,250,000 School Serial Bonds-2002-B (herein called the "2002-B Bonds"), now outstanding in the principal amount of $31,485,000; and on December 9, 1993 its $39,950,000 General Obligation Refunding Serial Bonds-1993 (herein called the "1993 Refunding Bonds"), now outstanding in the principal amount of $12,300,000 and such bonds bearing interest at the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and Whereas, Section 90.10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), permits the City to refund all or a portion of the outstanding unredeemed maturities of such bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the City; now, therefore, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: A. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 1993-A Bonds, 1994-A Bonds, 1995-A Bonds, 1995-B Bonds, 1997-A Bonds, 1997-B Bonds, 1998-A Bonds, 1999-A Bonds, 1999-D Bonds, 2001-A Bonds, 2001-D Bonds, 2002-B Bonds, and 1993 Refunding Bonds of the City of Buffalo, New York. B."Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof. c."Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. d. "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually), necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the bona fide initial public offering price including estimated accrued interest, or, if there is no public offering, to the price bid including estimated accrued interest. e. "Redemption Date" means June 1, 2005 for the 1993-A Bonds To Be Refunded, August 1, 2005 for the 1994-A Bonds To Be Refunded, December 1, 2005 for the 1995-A and 1995-B Bonds To Be Refunded, February 1, 2007 for the 1997-A and 1997-B Bonds To Be Refunded, February 1, 2008 for the 1998-A Bonds To Be Refunded, February 1, 2009 for the 1999-A Bonds To Be Refunded, December 1, 2009 for the 1999-D Bonds To Be Refunded, February 1,2011 for the 2001-A Bonds To Be Refunded, December 15, 2011 for the 2001-D Bonds To Be Refunded, November 15, 2012 for the 2002-B Bonds To Be Refunded, and October 1, Page 39 05-0222.txt 2005 for the 1993 Refunding Bonds To Be Refunded. f. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $110,000,000 bonds of the City of Buffalo, authorized pursuant to Section 2 hereof. g. "Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Common Council of the City (herein called "Common Council"), hereby authorizes the refunding of all or a portion of the $203,220,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an amount not to exceed $110,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $110,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of $110,000,000 are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial plan") prepared for the City by the Buffalo Fiscal Stability Authority and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the City in connection with said refunding from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (a) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (b) the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date. Section 3. The $203,220,000 Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of fourteen issues of bonds, each originally issued pursuant to various bond resolutions of the City, adopted on their respective dates. In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed $110,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the final refunding financial plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of probable usefulness ("PPU") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond anticipation notes issued in anticipation of the sale of said bonds, is set forth in the following table: PASSED AYES - 9 NOES - 0 No. 107 BY: MR. FRANCZYK, MR. DAVIS RE: CLARIFY HUMAN SERVICE EVALUATIONS WHEREAS: The Department of Community Services is charged with the responsibility of conducting evaluations on a quarterly basis of Community Page 40 05-0222.txt Based Organizations receiving Community Development Block Grant funds; and, WHEREAS: The evaluations by the Department of Community Services would be the best indicator of the performance of an agency, due to the hands-on monitoring by that department; and, WHEREAS: A CDBG formula of funding has apparently been reorganized by using an unknown system devised by the Office of Strategic Planning which provided different results than the evaluation conducted by the Department of Community Services; and, WHEREAS: Organizations receiving a high ranking by the Department of Community Services in some cases received a low ranking by the Office of Strategic Planning, an office which has no expertise in human service programming; and, WHEREAS: Although no groups with a genuinely low performance rating should be rewarded with additional funding, there appears to be disagreement and contradiction of how these groups are objectively evaluated by the proper agency; and, NOW THEREFORE BE IT RESOLVED: That the Commissioner of Community Services, whose responsibility it is to provide quarterly evaluation reports of the CBO's, provide the ultimate ranking of these organizations as a basis of future CDBG funding to said groups. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE DIRECTOR OF CITIZEN SERVICES AND STRATEGIC PLANNING NO. 108 BY: MR. FRANCZYK RE: DOOR-TO-DOOR RECYCLING DRIVE WHEREAS: Council Members Golombek and Russell have recently filed resolutions regarding the need for vast improvements in the city's recycling program; and, WHEREAS: The Common Council has historically been instrumental in providing the legislative and budgetary tools for recycling in Buffalo, for example its funding of a Buffalo recycling plan by Dr. Barry Commoner, arguably the world's foremost expert in the field, and its support for the Pay- As-You-Throw tote system, as well as many other initiatives; and, WHEREAS: The State of New York set a recycling goal of at least 18% of the solid waste stream, although the city only recycles 6.6%; and, WHEREAS: In 1996, during the height of the city Recycling Education Enhancement Program (REEP), recycling figures reached 14% of the solid waste stream, but have since fallen dramatically; and, WHEREAS: The city in the past employed a full-time recycling coordinator, and contributes approximately $30,000 toward a county recycling employee to promote recycling; and, WHEREAS: The Public Works Commissioner in a committee hearing on recycling recently stated that lack of public compliance has hurt recycling efforts, which in turn lowers revenue to the city. The Commissioner also indicated that the city could realize over $1-million in additional revenue if the recycling revenue increases; and, WHEREAS: The City Clerk's office recently successfully launched a door-to- door drive to hike dog license compliance, and the same drive can be launched to aggressively promote recycling; NOW THEREFORE BE IT RESOLVED: That the City Clerk in conjunction with the Commissioner of Public Works and all relevant parties develop a recycling campaign which will be conducted door-to-door this year, with the goal of reaching the New York State recycling goals and beyond. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 109 SPONSOR: MR. FRANCZYK CO-SPONOSRS: JOSEPH GOLOMBEK JR. Page 41 05-0222.txt RE: BUFFALO SOLAR LEARNING PARK PROJECT WHEREAS: The Western New York Sustainable Energy Association is developing a project known as the "Buffalo/Niagara Solar Playground and Learning Park;" and, WHEREAS: The purpose of the project is to initiate a solar-powered carrousel project on the Buffalo waterfront; and, WHEREAS: A feasibility study by Erie County for the proposed 1-acre waterfront carrousel project has been completed; and, WHEREAS: Such a project could be a draw for heritage tourism and recreation on the waterfront. This project could also be a prototype for other sustainable energy waterfront developments. NOW THEREFORE BE IT RESOLVED: That the Common Council invite representatives of the Buffalo Solar Learning Park Carrousel group to give a presentation of its proposed solar carrousel waterfront project. BE IT FINALLY RESOLVED: That the Common Council is in favor of the Buffalo Solar Learning Park plan for a solar-powered carrousel on the Buffalo waterfront. ADOPT AYES- 8 NOES –1 AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON – 8 NOES – GRIFFIN – 1 NO. 110 By Mr. Golombek: Exempt Non-Homestead Properties from Rental Registration Fees WHEREAS: The City of Buffalo property tax rate for Non-Homestead properties is $38.56 per $1000 of the property's value. The Homestead property tax rate is $21.69 per $1000 of valuation, and WHEREAS: The City of Buffalo recently enacted a rental registration fee to help manage code enforcement of rental properties in the City of Buffalo. Owner Occupied structures are exempt from the registration fee, and WHEREAS: Non-Homestead tax ratepayers already pay a significantly higher tax rate than Homestead ratepayers. The Non-Homestead rate is sufficient to cover the cost of code enforcement services for rental units located within Non-Homestead classified properties. To charge an additional fee in addition to the higher tax rate is unfair to the Non-Homestead rate payers, and WHEREAS: The Non-Homestead/Homestead tax rate difference in actual dollars for property assessed at $50,000 would be at least $843. Now, Therefore, Be It Resolved: That this Common Council moves to amend the ordinance covering the Rental Dwelling Unit Registration (Chapter 264) in a manner that would exempt Non-Homestead ratepayers from the fees associated with the ordinance. RECEIVED AND FILED NO. 111 Obtaining Bids For City Recycling contract WHEREAS: The current five-year contract between the City of Buffalo and BFI expires on May 31, 2005; and WHEREAS: To ensure that the City of Buffalo taxpayers receive the best deal possible, the City's recycling contract should be put out for competing bids; and WHEREAS: Under the current terms of the BFI contract the City of Buffalo received $45,224.40 from BFI for recycled materials in 2004; and WHEREAS: The City of Buffalo recycled only 6.6 percent of its garbage in Page 42 05-0222.txt 2004 (9.8 tons), which is much lower than many cities across the nation; and WHEREAS: The revenues received from other cities through recycling contracts are as follows: •Cincinnati, population 350,000, recycled 13,000 tons, $300,000 received in year 1999; •Minneapolis, population 386,000, recycled 22,000 tons in 2002, city will receive $1.2 million annually under new contract starting in 2005; WHEREAS: It also may make sense to incorporate the operation and management of the East Side Transfer Station into the bid process, as it is possible that the City may end up once again being responsible for the Transfer Station due to the fiscal problems of Erie County; and Whereas: It has been estimated that the cost of soliciting bids for a recycling contract are approximately $50,000; and WHEREAS: It is possible to require the successful bidder to pay for the costs involved as part of the bid requirements; and WHEREAS: The more the public participates in recycling the greater the profit for a private contractor and the greater the revenues will be for the City of Buffalo; and WHEREAS: A marketing component should be part of bidding process, whereby companies interested in bidding could put forth a joint application or proposal with a public relations company to increase recycling efforts in Buffalo. Now Therefore Be It Resolved: That the Common Council supports soliciting bids for a new recycling contract to ensure that the City and taxpayers obtain the best deal possible Be It Further Resolved: That this item is referred to an appropriate Committee of the Council for further consideration. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 112 By:Mr. Golombek: Re: Ordinance Amendment Chapter 437, Taxicabs and Liveries The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: 437-1. Findings and limitation on number of taxicab licenses. A. It is hereby found and declared that the taxicab business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. A study and survey of the business points to the conclusion that the public cannot properly be served and the business itself cannot operate in an orderly and appropriate manner without regulation of the business and the limitation by the City of the number of taxicabs using the streets. C. Taxicabs now in use and licensed are operated principally by fleet owners and by owners of single or comparatively few taxicabs. To preserve an equitable ratio of taxicabs operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners, the number of licenses which may be issued is hereby fixed as follows: (1)[To fleet operators: 212]Maximum total fleet available is 300 taxi cabs [(2)To individual operators: 163.] D. If a fleet operator sells any of his licensed taxicabs to an individual operator, the number of licensed taxicabs assigned herein before to fleet operators shall be deemed reduced accordingly and the number of licensed taxicabs here in before assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless such sale is recommended by the Commissioner of Permit and Inspection Services and approved by the Common Council. Page 43 05-0222.txt § 437-2. Findings and limitation on number of livery licenses. A. It is hereby found and declared that the livery business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. Months of discussions, public hearings and investigation lead to the conclusion that the operation of liveries must be regulated to protect the interests of the public. To enable both livery and taxicab businesses to operate in an orderly manner, there must be a limitation by the City of the number of livery cars using the City streets. The number of livery licenses in effect at any one time shall not exceed [350] 300. (1)[To fleet operators: 200] Maximum total fleet available is 300 taxicabs. [(2)To individual operators: 150.] D. If a fleet operator sells any of his licensed liveries to an individual operator, the number of licensed liveries assigned here in before to fleet operators shall be deemed reduced accordingly and the number of licensed liveries here in before assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless such sale is recommended by the Commissioner of Permit and Inspection Services and approved by the Common Council. It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter in brackets to be deleted. Matter underlined is PASSED AYES – 9 NOES – 0 NO. 113 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 14 - ADMINISTRATION & FINANCE 1113- PARKING METERS & ENFORCEMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 14 - Administration & Finance, 1113 - Parking Meters & Enforcement which currently reads: 2Laborer II $ 24,420 - $ 27,833 Is hereby amended to read: 3Laborer II$ 24,420 - $ 27,833 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, JAMES B. MILROY Ph. D., COMMISSIONER OF ADMINISTRATION & FINANCE AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. ORG OBJECT BUDGET 11413001 411001$ 613,674.00 /26.1 PAY PERIODS $ 23,512.41 X 15.5 PAYPERIODS$ 364,442.41 YEAR TO DATE @ PP#16$ 310,739.92 YEAR TO DATE SAVINGS$ 53,702.49 The amount of year to date savings will more than cover the remaining 10 pay periods for this Laborer II REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 114 Page 44 05-0222.txt BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 65 - PERMITS & INSPECTION 1151 - PERMITS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 65 - Permits & Inspection, 1151 Permits which currently reads: 1Data Control Clerk$ 27,648- $ 31,153 Is hereby amended to read: 1Account Clerk Typist$ 26,271 - $ 29,269 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, RAYMOND K. MC GURN, COMMISSIONER OF PERMITS & INSPECTIONS AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 115 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - POLICE 1101 - DETECTIVE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Police, 1101 -Detective is hereby amended with the addition: Consultant III (Hourly)$30.00/HOUR Not to exceed 6 months from date of hire. We, ROCCO J. DIINA, POLICE COMMISSIONER AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. PASSED AYES – 9 NOES - 0 NO. 116 RESOLUTION By: Mrs. Russell Re: Opposition to Proposed City County Merger WHEREAS: In the spring of 2004, the Erie County Executive and the Mayor of the City of Buffalo called for a Commission to review the advantages of merging the two largest local governments; and WHEREAS: After months of meetings and discussion, the Greater Buffalo Commission unveiled a Proposed Merger of the City of Buffalo and Erie County in a report entitled: "Uniting for a Greater Buffalo on January 19, 2005; and WHEREAS: The proposed merger calls for the consolidation of the governing bodies of the City of Buffalo and Erie County; A countywide governing body of 21 legislators would assume the duties of the current Erie County Legislature and Common Council. The remaining 43 remaining cities, towns and villages in Erie County, as well as all school districts would remain independent; and WHEREAS: The City of Buffalo by making difficult but necessary decisions ended its fiscal year with a budget surplus. Since January, Erie County has been operating without a budget, due to the failure of the Erie County Legislature to pass a balanced budget. Even more alarming is the fact that the County may be Page 45 05-0222.txt facing a possible deficit of more than $100 million dollars requiring thousands of county employees to lose their jobs; and WHEREAS: The purpose of the proposed merger is to create a framework to deliver higher quality and more cost effective governmental services; However, with Erie County having difficulty managing its own affairs now is not the time to be pursuing a City County merger; and WHEREAS: The Greater Buffalo Commission has advocated placing their plan on the ballot for a public vote in the upcoming November election; and WHEREAS: The Greater Buffalo Commission has stated that this Council does not have a right to vote on their Plan, which greatly impacts the City of Buffalo and its residents Now, Therefore, Be It Resolved That: This Common Council does hereby go on record in opposition to merging the City of Buffalo and the County of Erie as proposed by the Greater Buffalo Commission; and Be It Further Resolved That: The Common Council opposes placing the Greater Buffalo Commission Plan on the ballot. Be It Finally Resolved That: Certified copies of this Resolution, once adopted be forwarded to the Greater Buffalo Commission, Mayor of the City of Buffalo, the Erie County Executive, Chairman of the Erie County Legislature and members of the Western New York delegation to the State Senate REFERRED TO THE COMMITTEE ON LEGISALTION NO. 117 RESOLUTION BONNIE E. RUSSELL RE:Recycling Education Efforts WHEREAS: Not only does recycling improve our environment but it also has an economic impact for the City of Buffalo; and WHEREAS: Under our current recycling contract with BFI, the City receives payment which is based on the number of tons of paper picked up by BFI to be recycled; and WHEREAS: In addition to the payment received for recycling the City pays less for land fill fees, due to recycling reducing the amount being disposed in landfills; and WHEREAS: According to statistics provided by the Department of Public works, 6.6% of the City's garbage is currently being recycled; and Whereas: Education efforts are key to increasing recycling in the City. Now Therefore Be It Resolved: That the following information be provided to the Council: How many Block clubs participated in the "Pledge to Recycle" program by returning at least 25 "1 Pledge to Recycle" cards, allowing them to receive a $25 gift card to Home Depot in 2004? •How many schools participated in the "Recycle at your School" program in 2004? •Where are the 11 sites across Buffalo where residents can pick up free recycling boxes and brochures? •How many times did a thirty-second recycling promotional piece air on several broadcast networks in 2004? •At what schools, block clubs, and neighborhood meetings were recycling presentations made in 2004? Be it Further Resolved: That this item is referred to an appropriate Committee of the Council for further consideration ADOPT THE 1ST RESOLVE, FINAL TO THE COMMITTEE ON FINANCE NO. 118 RESOLUTION By: Mr. Thompson Page 46 05-0222.txt SUBJECT: Appointment Legislative Assistant WHEREAS. Mark J. Boyd is a graduate of University of Buffalo with a Bachelors of Arts Degree in Urban Planning and a Minor in African American Studies. He is a graduate of City Honors School; and WHEREAS: Mr. Boyd is qualified for the position of Legislative Assistant to the Masten District Council Office; and Whereas: Mr. Boyd is currently a volunteer in the Masten District Council Office; and Now, Therefore, Be It Resolved: Mark J. Boyd is appointed a Legislative Assistant to the Masten District Council Office. ADOPT NO. 119 BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Armen BagdasarianRobert Brill Kevin Burke Michael Curry Robert FellLarry Garmon William Jackson Kathryn LaForce Jennifer Little Alfred Marino Keith McInnis Allan Parsons Berfi PorterJames Quinn George Simonick Andrea Teresi Ronald Vinovrski Luther Walker Darryl Williams Michelle Franczyk Nicole TaylorMark Boyd Jason BalducciMark Buhr Lorianne Conroy Roberto Diaz Fredrick Felton James Gunsauley Joanne Janowski James Liebner Cynthia Lockwood Brian McBride Wilmer Olivencia John Perch Dayeenah Prim David Rudd Robert StatesJohn Vertino Wilfred Wagstaff Joseph Washington David YoxKathleen Shriver Lizabeth Lawrence MaryBeth Tempestoso Tammy Soto ADOPTED NO. 120 BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Diane BrownCarole Kenjockety Total: 3 ADOPTED NO. 121 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise Page 47 05-0222.txt noted. Regular Committees Committee on Civil Service Tuesday March 1, 2005 at 9:30 o'clock A.M. Committee on Finance Tuesday March 1, 2005 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, March 1, 2005 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, March 2, 2005 at 10:30 o'clock A.M. Committee on Education, Wednesday, February 23, 2004 at 2:00 o'clock PM Special Committees Special Committee on Budget, Thursday February 24, 2005 at 10:30 AM Special Committee on Legislation, Living Wage Ordinance Thursday, February 24, 2005 at 11:30 Am in Room 1417 (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 122 ADJOURNMENT On a motion by Mr. Coppola , Seconded by Mr. Golombek the Council adjourned at 5:00pm BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #2 Office of the Mayor-201 City Hall February 17, 2005 Present: David A. Franczyk, Council President- Frank Belliotti, Deputy Comptroller, Michael Risman, Corporation Counsel-3 The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 2005 amounting to $6,083.58. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 2005 amounting to $5,956.92,. and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. NO. 3 On motion by Mr. Masiello , the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. NO. 1 CALL FOR SPECIAL SESSION February 24 2005 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Couneilmembers, dated February 24 2005 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on February 24 2005 at 10:15 A.M. for the following purposes: Page 48 05-0222.txt To receive and take appropriate action on : All Items Relating To 1.Artspace PILOT Yours very truly, David A Franczyk President of the Council OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851-4845 February 24, 2005 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 24, 2005, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Thursday, February 24, 2005 at 10:15 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1.Artspace PILOT Yours very truly, Gerald A. Chwalinsld City Clerk February24,2005 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to Artspace PILOT We request that special Meeting be held on February 24, 2005 at 10:15 A.M. Dominic Bonifacio Bonnie E. Russell Marc Coppola Joseph Golombek James D. Griffin Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS JOSEPH GOLOMBEK BONNIE E. RUSSELL MARC COPPOLA RICHARD FONTANA Page 49 05-0222.txt JAMES D. GRIFFIN ANTOINE THOMPSON hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Common Council duly called to be held on February 24, 2005 Dominic Bonifacio Bonnie E. Russell Marc Coppola Joseph Golombek Jr James D. Griffin Antoine Thompson Brian Davis Richard Fontana STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 24th day of February 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 Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. y Commission expires 12/31/06 Discharge Community Development Committee-Artspace PILOT (Item 7 CCP 2/22/05) RECEIVED AND FILED NO. 2 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE ARTSPACE PILOT (ITEM 7 CCP 2/22/05) The above item is currently in the Community Development Committee; It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of this item, and said item is now before the Council. Seconded by Mr. Fontana Adopted. NO. 3 ARTSPACE PILOT REPLACES CCP# 7 FEB 8, 2005 Your Honorable Body is hereby requested to approve the attached PILOT covering the build out of sixty (60) units of affordable housing as part of the above-referenced Project. This Project is intended to be a new mixed use development providing 60 low income residential units for local artist and their families. The sponsor of the project, Artspace Projects Inc. of Minneapolis, has created dozens of similar commercial/residential projects in formerly vacant buildings throughout the United States. Also included in the Buffalo Project will be ground floor commercial space to complement and potentially support the residential occupancies, and help to create a dynamic urban residential setting for the City and the local community of artists and their families. The Project will adaptively reuse and restore the eighty five year old, 80,000 Page 50 05-0222.txt square foot, five story historic Buffalo Electric Vehicle Co, Building, located at 1219-1233~ Main Street The goal is to create approximately 36 units in the rehabilitated building, while restoring the windows and street storefront entrance and show room quality to the original 1911 appearance. The Project area also includes the construction of new, two story loft housing units on the property behind the existing Main Street to achieve approximately 24 units. Six two story, metal and masonry sided, flat roofed buildings will be clustered along the Northampton side of the site to allow the remaining portion of the site to be developed for parking and private commons spaces for use by Artspace residential occupants. The Project represents an approximate $16,750,000 investment in the City of Buffalo and is heavily dependant upon New York State low-income housing tax credits. The New York State housing tax credit application deadline is February 28, 2005. As part of the Project budget, the developer is relying on a PILOT Agreement with the City of Buffalo. The amount of the PILOT payments was calculated based upon the standard City PILOT policy for low income housing projects, calculated at 5% of the total income of the proposed residential budget. Mr. Coppola moved: That the above communication from the Office of Strategic Planning, dated February 3, 2005, be received and filed; and That the Common Council approves the PILOT Agreement with the City of Buffalo, as attached to the above communication, covering the build out of sixty (60) units of affordable housing at 1219-1233 Main Street, sponsored by Artspace Projects Inc. of Minneapolis. The amount of the PILOT payments is calculated based upon the standard City PILOT policy for low income housing projects, calculated at 5% of the total income of the proposed residential budget. PASSED AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK, GOLOMBEK, RUSSELL - 6 NOES – GRIFFIN- 1 NO. 4 ADJOURNMENT On a motion by Mr. Coppola, seconded by Mr. Golombek, the Council adjourned at 10:32 am Gerald A. Chwalinski City Clerk Page 51