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Home My WebLink About03-0916 03-0916.txt No.17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 16, 2003 MAYOR Hon. Anthony M. Masiello ACTING COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson-Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant-Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio-Members Page 1 03-0916.txt FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 16, 2003 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, LoTempio, AND Martino,- 11 ABSENT- Gray and Thompson On a motion by Mrs. LoTempio, seconded by Ms. Gray, the minutes of the stated meeting held on September 2, 2003 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 DELAWARE PARK APARTMENTS 1975 DELAWARE AVE. Page 2 03-0916.txt ACCESSORY SIGN ITEM NO. 103, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 387-19 and 511-1 of the Buffalo Code, Application for billboard, ground or pole sign permits and "r3" permitted uses, respectively. The applicant seeks to erect an illuminated 121x31x61 ground "ID" sign at 1975 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign conditioned on the background colors of the sign consist of forest green an4 the letters be an off-white color. RECEIVED AND FILED NO. 2 BAPTIST BETHLEHEM MISSIONARY CHURCH 167 DOAT ST. ACCESSORY SIGN ITEM NO. 102, C.C.P. 7/22/2003 The City Planning Board at its regular meeting held Tuesday, July 29, 2003 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 41x61x71 ground "ID" sign at 16' Doat Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED NO. 3 ENTERPRISE RENT-A-CAR 2643-2677 DELAWARE AVE. ACCESSORY POLE SIGN ITEM NO. 102, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, July 29, 2003, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign Permits. The applicant seeks to erect an illuminated 4fx2O'x3O' pole "ID" sign at 2643-2677 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign at an overall height of 181. The applicant agreed to the height limitation RECEIVED AND FILED NO. 4 VIDEO LIQUIDATORS 1770 ELMWOOD AVE. ACCESSORY SIGN ITEM NO. 104, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 41x4'x7' ground "ID" sign at 1770 Elmwood Avenue. Under SEQR the Page 3 03-0916.txt proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign provided that the sign letters and no larger that 1411 are black in color with a gray shadow with a white background. RECEIVED AND FILED NO. 5 VALLONE'S 1281 HERTEL AVE. TAKE-OUT RESTAURANT ITEM NO. 101, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Sect-ion 511-59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to convert a portion of an existing restaurant into a take-out restaurant at 1281 Hertel Avenue. Under SEQR the proposed restaurant is, considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed restaurant. RECEIVED AND FILED NO. 6 EDU-KIDS DAYCARE 1350 HERTEL AVE. ACCESSORY SIGN ITEM NO. 100, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 5711191lx2511 ground "IDI" sign at 1350 Hertel Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED NO. 7 LEXINGTON CO-OP 807 ELMWOOD AVE. TAKE-OUT RESTAURANT ITEM NO. 67, C.C.P. 4/29/03 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to use a portion of a proposed food co-op as a take-o-W restaurant at 807 Elmwood Avenue. Under SEQR the proposed take-out restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to re-affirm its original approval of Tuesday, Ma.1 6, 2003 of the proposed take-out restaurant. RECEIVED AND FILED NO. 8 BUFFALO UNITED CHARTER SCHOOL Page 4 03-0916.txt 325 MANHATTAN ST. ACCESSORY SIGN ITEM NO. 105, C.C.P. 9/2/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 51x61x613" ground ID sign at 325 Manhattan Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED NO. 9 URBAN FAMILY PRACTICE 564 NIAGARA ST. ACCESSORY POLE "ID" SIGN ITEM NO. 63, C.C.P. 6/10/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 516"x8lx171 pole "ID" sign located at 1119 William Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file this item since the Common Council has already approved the item without hearing from the Planning Board. RECEIVED AND FILED NO. 10 RITA IPPOLITO 67 NORWOOD AVE. RESIDENTIAL BEAUTY PARLOR ITEM NO. 100, C.C.P. 7/22/2003 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 511-16 of the Buffalo Code, 11R31' Permitted Uses. The applicant seeks to use a portion of an existing residence for a (one chair) hair salon at 67 Norwood Avenue. Under SEQR the proposed salon is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed hair salon provided that only one chair is used and that no advertising signage is placed o the premises. RECEIVED AND FILED NO. 11 WATERFRONT PROPERTIES PUBLIC ACCESS ITEM NO. 136, C.C.P. 10/29/03 The City Planning Board at its regular meeting held Tuesday, September 9, 2003, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City planning Board. The Common Council requests that a policy be adopted that the City of Buffalo and the Buffalo Urban Renewal agency where any property owned by the above mentioned would hold title or retain an exclusive 1001 easement along the full length of the parcel's waterfront edge for public use and Page 5 03-0916.txt enjoyment. The Planning Board feels that a 1001 setback may be excessive in cases where the parcel's depth may preclude that much of a setback and that the potential for future development of certain parcels may be hindered by a 1001 setback. The Planning Board also felt a referral to the Buffalo Urban Renewal agency and their legal counsel is in order regarding parcels held by that agency. The Planning Board would rather see less of a proposed setback, and that a broader definition of the term public use and enjoyment be explored on a parcel by parcel basis. The Planning Board further feels that parcels, which may be used for water related or enhanced purposes, be excluded from this proposed policy. The Planning Board voted to receive this item REFERRED TO THE COMMITTEE ON CONMUNITY DEVELOMIENT FROM THE BUFFALO PRESERVATION BOARD NO. 12 M. JORDAN - CLOVER CONST. - REQUEST APPEAL PRES. BD. RULING - DEMO. - GAS STATION - 757 MAIN STREET (#87 CCP SEPT. 2, 2003) The Buffalo Preservation Board strongly protests the proposed demolition of the "Art Deco" Gas Station located at 757 Main Street, an important contributing building within the local Theater Historic District. Also, the Theater Historic District is eligible for listing on the National Register of Historic Places. The gas station, constructed about 1934, is an excellent example of "Art Deco" architecture and perhaps the last station in that style in all of the City of Buffalo. So much of the historic fabric of the Theater District is at risk that we cannot afford to lose another unique, contributing building. Certainly the Vemor and Schmidt buildings are at risk and now this gas station must be added to the list of endangered properties. The Preservation Board and a sub-committee of the Board have met with Mr. Jordan of Clover Construction Management, Inc. on numerous occasions in an effort to work out differences in both the design of the Sidway Building and the subject gas station. Clover has made a number of statements that the Preservation Board refutes: 1) that the soil below the gas station is contaminated and that successful remediation of the site "may" require demolition of the building. Yet New York State Department of Environmental Conservation documents on file with the City of Buffalo Office of Strategic Planning indicate that they closed out this site. Further more we believe that it would be most rare for the DEC to suggest a building be demolished to access underground contamination that "may" exist. 2) While Mr. Jordan would like to maximize on site parking his suggested design indicating the increased number of spaces by demolishing the gas station is a fiction. His drawing indicating "53 Spaces" (as best as we can tell) shows spaces about 8' - 0" wide by perhaps an average of 18' deep. His drawing without the gas station entitled "73 Spaces" indicates spaces approximately 6' - 0" to 7' - 0" wide by 16' - 0" to 20' - 0" deep. None of us are going to park in a space 7' - 0" wide, we couldn't get out of our vehicles! Even without the gas station I do not believe Mr. Jordan could get 67 spaces in a self park lot; he has not considered snow, gate space, stacking, or egress onto Main or Washington Streets. Mr. Jordan also states that the "53 Space" lot Page 6 03-0916.txt requires backing out onto Main Street; the "73 Space" lot also requires backing out onto both Main and Washington Streets. 3) Mr. Jordan has not made any sort of case on additional parking at another site. The Preservation Board suggested at least three (3) alternative sites. Mr. Jordan pleads some sort of hardship. Yet he undertook the redevelopment of the Sidway Building with full knowledge that he was going to have 67 apartments and that he wanted at least 67 parking spaces on a site in an historic district that couldn't support his program. Yet, after the project is well underway he has the audacity to come before the Common Council and state he needs at least one (1) space per unit! The Buffalo Preservation Board implores you, the Legislation Committee of the Common Council, to deny this petition. The loss of yet another important building in the Theater Historic District should not be tolerated. Developers need to understand that the City of Buffalo holds its' historic properties in high regard and that all development plans need to consider them as important additions to the culture of the City which they enrich by their presence. If you have any questions, please contact Thomas W. Marchese, Executive Secretary, at 851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 13 ABANDONMENT AND SALE PORTION OF CANTON ALLEY BETWEEN LEROY AND EAST OAKWOOD PLACE The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Paul Mendola, Vice President of Greater Buffalo Savings Bank requesting to purchase a portion of Canton Alley between Leroy and East Oakwood Place. Greater Buffalo Savings Bank owns a 54,000 square foot commercial building between their headquarters and the railroad tracks and would like to purchase a portion of Canton Alley for a parking lot in conjunction with their future expansion. This office has contacted Land Use Planning, Buffalo Sewer Authority, Police, and Fire and they have no objections and/or conditions in reference to the abandonment and sale of the Canton Alley. The City Planning Board has approved the abandonment and sale on condition that the Greater Buffalo Savings Bank erect an ornamental fence similar in style to the fence on the Canisus College property (2365 Main Street) which will be placed along the parking lot frontage. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27-5 of the City Charter. Should you approve the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review board of the City. They results of our negotiations will be filed with Your Honorable Body for final approval. Therefore, I am recommending that Your Honorable Body authorize the Division of Real Estate to enter into negotiations with the Greater Buffalo Savings Bank to finalize the abandonment/sale of Canton Alley, providing the Department of Public Works, Parks & Streets has no Page 7 03-0916.txt conditions or objections. The results of our negotiations/agreements will be filed with Your Honorable Body before the final abandonment and closing can take place. Mrs. LoTempio moved: That the above communication from the Department of Strategic Planning, Division of Real Estate dated September 11, 2003 be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into negotiations with the Greater Buffalo Savings Bank to finalize the abandonment/sale of Canton Alley, providing the Department of Public Works, Parks & Streets has no conditions or objections. That the Director of Real Estate report back to the Common Council with the results of negotiations/agreements for final approval of the final abandonment and closing. PASSED AYES - 11 NOES - 0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 14 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT ASSOCIATION, INC. FOR USE 3242 MAIN STREET NO. 94, C.C.P. 10/19/1999 Pursuant to Item No. 94, C.C. P. 10/19/1999, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and University Heights Community Development Association, Inc. for use of 3242 Main Street, Buffalo, New York 14214. This lease was for the period of August 1, 1998 and terminating on July 31,2003. The Office of Strategic Planning, Division of Real Estate, has received a request from the University Heights CDA, Inc. to renew their lease for an additional five (5)-year period to commence on August 1, 2003 and expire on July 31, 2008. This office recommends that Your Honorable Body renew their lease agreement for an additional five (5) year period to commence on August 1, 2003 and expire on July 31, 2008. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 RESCIND AUCTION SALE AND FORFEIT DEPOSIT 115 GIBSON ITEM NO. 91, C.C.P. 3/4/03 In the above referenced item Your Honorable Body authorized the sale of 115 Gibson to Mr. Shermond Bowden, Sr. of 2 Pullman Place, Buffalo, New York 14212. Mr. Bowden was the highest bidder in the amount of Five Hundred Dollars ($500.00), plus a 10% buyer's premium for a total of Five Hundred Fifty Dollars ($550.00). The terms of sale required that the purchaser must submit a detailed estimate of cost to repair and/or renovate the property and submit proof of financial ability to complete the purchase, repairs or renovations to the property. Mr. Bowden was sent letters on February 3, 2003, March 12, 2003, April 11, 2003 and again on June 27, 2003 advising to submit the required documentation. Mr. Bowden was Page 8 03-0916.txt informed if this office did not receive this list of repairs/renovations and proof of financing by July 7, 2003 the sale would be rescinded and his deposit forfeited. The Division of Real Estate has not heard from Mr. Bowden. Therefore, we are recommending that the Common Council approve to rescind the sale of 115 Gibson, return the property to our inventory for resale and that the bidder forfeit his deposit in the amount of One Hundred Dollars ($100.00). Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and ten percent will be deposited in the City's General Fund - Sale of In-Rem Property Mrs. LoTempio moved: That the communication from the Department of Strategic Planning, dated September 5, 2003, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 115 Gibson to Mr. Shermond Bowden, Sr. of 2 Pullman Place, that the deposit in the amount of One Hundred Dollars ($ 100.00) be forfeited and that the property be returned to inventory for resale. Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and ten percent will be deposited in the City's General Fund - Sale of In-Rem Property. PASSED AYES - 11 NOES - 0 NO. 16 RESCIND AUCTION SALE AND FORFEIT DEPOSIT 183 LAUREL ITEM NO. 91, C.C.P. 3/4/03 In the above referenced item Your Honorable Body authorized the sale of 183 Laurel to Mr. Marvin R. Hardy, Jr. of 91 Koons, Buffalo, New York 14212. Mr. Hardy was the highest bidder in the amount of Four Thousand Dollars ($4,000.00), plus a 10% buyer's premium for a total of Four Thousand Four Hundred Dollars ($4,400.00). The terms of sale indicated that the purchase price is to be paid in cash or certified funds no later than 45 days following the sale. Mr. Hardy was sent a letter on May 13, 2003 and again on June 27, 2003 to come in with the balance owed. He was advised that if the balance due was not paid on or before July 7, 2003 the sale would be rescinded and his deposit forfeited. The Division of Real Estate has not heard from Mr. Hardy. Therefore, we are recommending that the Common Council approves to rescind the sale of 183 Laurel, return the property to our inventory for resale and that the bidder forfeits his deposit in the amount of Eight Hundred Dollars ($800.00). Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and ten percent will be deposited in the City's General Fund - Sale of In-Rem Property Mrs. LoTempio moved: That the communication from the Department of Strategic Planning, dated September 8, 2003, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 183 Laurel to Mr. Marvin R. Hardy, Jr. of 91 Koons, that the deposit in the amount of Eight Hundred Dollars ($800.00) be forfeited and that the property be returned to inventory for resale. Ten percent of the deposit will remain with the Auctioneer for the buyer's premium and ten percent will be deposited in the Page 9 03-0916.txt City's General Fund - Sale of In-Rem Property. PASSED AYES - 11 NOES - 0 NO. 17 RESULT OF NEGOTIATION 296 COIT, 185.70'S BROADWAY LOT SIZE: 30'X 108' ASSESSED VALUATION: $1,500 298 COIT, 145.70'S BROADWAY LOT SIZE: 40'X 108' ASSESSED VALUATION: $1,900 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Taher Abdellatif of 191 Fareway Lane, Grand Island, New York 14072 to purchase the subject properties on behalf of 825 Broadway, Inc. Mr. Abdellatif has a retail business at 825 Broadway and has been acquiring vacant parcels in the area in order to construct a small retail plaza on Broadway between Smith and Coit Streets. The Division of Permits and Licenses and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City by the purchaser. The Division of Real Estate has determined that sale prices in the area for similar lots range from thirty cents (.30) to fifty-two cents (.52) per square foot. The results of our negotiations are that Mr. Abdellatif has agreed and is prepared to pay three thousand four hundred dollars ($3,400), forty-five cents (.45) per square foot for these lots. He 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 296 and 298 Coit Street to Mr. Taher Abdellatif in the amount of three thousand four hundred dollars ($3,400). 1 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 RESULT OF NEGOTIATION 311 SWEET, 320.71' N STANISLAUS LOT SIZE: 30' X 94' ASSESSED VALUATION: $1,400 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Syed W. Bukhari of 144 Sobieski Street, Buffalo, New York 14212 to purchase 311 Sweet Street. Mr. Bukhari intends to use 311 Sweet Street for additional yard space, which adjoins his property in the rear. The Division of Permits and Licenses and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City by the purchaser. The Division of Real Estate has determined that sale prices in the area for similar lots range from fifteen cents (.15) to forty cents (.40) per square foot. The results of our negotiations are that Mr. Bukhari has agreed and is prepared to pay eight hundred fifty dollars ($850), thirty cents (.30) per square foot for this lot. He has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. Page 10 03-0916.txt I am recommending that Your Honorable Body approve the sale of 311 Sweet to Mr. Syed W. Bukhari in the amount of eight hundred fifty dollars ($850). 1 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 10, 2003, be received and filed; and That the offer from Mr. Syed W. Bukhari, residing at 144 Sobieski Street, in the sum of eight hundred and fifty dollars ($850.00) for the purchase of 311 Sweet Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and 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 - 11 NOES - 0 NO. 19 SALE OF 120 WELKER TO HUD The City of Buffalo acquired 120 Welker Street on November 16, 2001 through In-Rem #35. The property consists of a one and a half story single family brick structure, situated on a lot 30' x 100'. The property is in fair to poor condition. The title of the property was formerly in the name of the Secretary of Housing and Urban Development. HUD became aware of the foreclosure when they were about to transfer title to a new purchaser for the property, who is willing to acquire and rehabilitate the home. The Division of Real Estate has been contacted by Ms. Faith O'Neil of HUD. HUD is requesting to regain title to the property. They are willing to pay all past and current taxes owed in the amount thirteen hundred thirty dollars ($1,330.00), in addition to closing costs and user fees. I am recommending that Your Honorable Body approve the transfer of title to the Secretary of Housing and Urban Development in the amount of thirteen hundred thirty dollars ($1,330.00), plus closing costs and user fees. 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated September 10, 2003, be received and filed; and That the Director of Strategic Planning be, and he hereby is authorized to transfer of title of 120 Welker Street to the Secretary of Housing and Urban Development in the amount of one thousand three hundred and thirty dollars ($1,330.00), plus closing costs and user fees. 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. PASSED AYES - 11 NOES - 0 Page 11 03-0916.txt NO. 20 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION FOR USE OF 51 ONTARIO STREET PUBLIC SCHOOL NO. 205 - RIVERSIDE HIGH SCHOOL The Office of Strategic Planning, Division of Real Estate, has received a memorandum from the Buffalo Board of Education requesting an easement agreement for Niagara Mohawk Power Corporation to use city owned property located at 51 Ontario Street - Riverside High School (Public School No. 205). They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A". Niagara Mohawk has indicated that this easement is necessary for a school upgrade project. This office has contacted the Department of Public Works, Parks & Streets and they have indicated that they have no objections and/or conditions in reference to the attached proposed easement. I am, therefore, recommending that Your Honorable Body approve this easement agreement, that the Law Department review said agreement for their approval as to form and authorize the Mayor to execute the same. I am, therefore, recommending that Your Honorable Body approve this easement agreement with the above conditions and authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated September 11, 2003, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an easement agreement for Niagara Mohawk Power Corporation to use city-owned property located at 51 Ontario Street - Riverside High School (Public School No. 205). That the Corporation Counsel be authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES - 11 NOES - 0 FROM THE COMPTROLLER No. 21 Certificate of Appointment Appointment Effective: September 8, 2003 In the Department of: Audit and Control Division of: Audit to the Position of: Senior Auditor Permanent Appointment at the: Maximum Starting Salary of: $ 42,836 Joseph Bartosik 472 McKinley Parkway Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 22 Explore Other Property Tax Methods Item No. 120 C.C.P. 09/02/03 This is in response to the Resolution sponsored by North District Councilmember Joseph Golombek, Jr. concerning exploration of other property tax methods, including a "variation of land tax valuation" method and a Page 12 03-0916.txt "ten-year plan." The Department of Assessment and Taxation is receptive to any suggestion that will enhance the City of Buffalo tax base and spread the tax burden equitably. However, since taxation is governed by the New York State Real Property Tax Law, legislation must first be enacted through the New York State Legislature before any such alternative property taxation methods can be initiated in the City of Buffalo. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 23 Notification Serial #9727 Install Stop Signs in Zittel Street at Parkview Avenue STOP SIGNS (ALL-WAY) - 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 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Zittel Street Parkview Avenue Notification Serial # 9728 Install Stop Sign in Wesley Avenue at Woodbridge Avenue STOP SIGNS - 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Wesley Avenue Woodbridge Avenue Notification Serial # 9729 No Standing School Days - Install on Mercer Avenue, north side between Main Street and a point 200' east therefrom 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 Page 13 03-0916.txt Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Mercer Avenue, north side 8:00 a.m. - 4:00 p.m. between Main Street School Days and a point 200' east therefrom This action is being taken in order to provide an area for buses to pick up students at Bennett High School. RECEIVED AND FILED NO. 24 Bus Shelters (5) Within City Right-of-Way Mr. Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA). has requested permission to install five (5) bus shelters within City right-of-way. The proposed locations are: A. West Delavan @ Niagara Street. southeast comer. B. East Delavan @ Grider Street, northwest corner. C. C. Bailey Avenue @ Broadway. southeast corner. D. D. Court Street @ Franklin Street, southeast comer. E. E. Court Street @ Niagara Square, northeast corner. The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works. Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within City right-of-way. 4. hat the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate or insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY NO. 25 Change in Contract Small Animal Shelter Kennel Upgrades Job No. 02-105 I hereby submit to Your Honorable Body the following changes for Job No. 02-105, Small Animal Shelter, Kennel Upgrades, General Construction, Miller Enterprises, Inc., C #92010749. 1.Install trenches in kennel floors in B, C, D & E wards to eliminate puddling. Add $ 5,628.00 The foregoing change results in a net increase in the contract of Five Thousand Six Hundred Twenty Eight and Page 14 03-0916.txt 00/100 Dollars ($5,628.00). Summary: Current Contract Amount $ 96,144.00 Amount of This Change Order (#4) Add $ 5,628.00 Revised Contract Amount $ 101,772.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 36322206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 8, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Miller Enterprises, Inc., an increase in the amount of $5,628.00, as more fully described in the above communication, for work relating to Job No. 02-105, Small Animal Shelter, Kennel Upgrades, General Construction, C #92010749. Funds for this project are available in CPF 3 6322206 445 100 - Division of Buildings. Passed AYES - 11 - NOES - 0 No. 26 Change in Contract Trimax Residuals Contract #92010712 I hereby submit to Your Honorable Body the following change order for this contract This change order is necessary for the processing of leakage water into the settling basin during the removal of sludge out the North Sedimentation Basin that was not anticipated are realized in design; pumping of accumulated water that did not require treatment also doe I the leakage; and due to a site disruption with other contractors. 1. Processing 'of leakage water - $89,969.83, based on a total daily cost $8,299.80 for labor and equipment x 10.84 days to process the leakage water. 2. Pumping of accumulated water prior to completion of sludge removal - $6958.5~ based on labor and equipment costs for 9 days of pumping. 3. Site disruption - $14,066.00, includes the labor and equipment rate for two days of down time due to an emergency repair of a sewer line at the Colonel Ward Treatment Plant that required immediate attention. Total = $110,994.42 Contract Amount:$463,323.93 This Change Order: $110,994.42 Total Contract $574,318.35 Funds are available in a Division of Water account (53170626) 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 Trimax Residuals. Page 15 03-0916.txt Permission is requested from Your Honorable Body to authorize t increase in contract as stated above. Mrs. Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 4, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Trimax Residuals, an increase in the amount of S 110,994.42, as more fully described in the above communication, for work relating to the removal of sludge out the North Sedimentation Basin, Contract C #92010712. Funds for this project are available in a Division of Water account (53170626). Passed AYES - 11 - NOES - 0 No. 27 "B. Davis-B. Gordon & O-Concerns-Conditions-Johnnie B. Wiley Sports Pavilion Playground" In reference to the above, please be advised that much work has been done to Masten Playground. The Parks Department repaired or replaced four (4) swings that were either broken or missing, nailed or rescrewed picnic table tops, removed unnecessary play equipment poles that posed a safety hazard to children and we will add additional sand/wood chips in the playground area. Please keep in mind that Masten Playground is one of our older playgrounds in the City. Although it is in fairly good shape, we could use new equipment in the playground. REFERRED TO THE COMMITTEE ON FINANCE NO 28 DIFF IN WAGES APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS Mr. Glen Bender, Caulker (Permanent) in the Division of Water was on disability from 6/27/03-08/31/03. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance under the provisions of the Worker' Compensation Law for a period not to exceed 6 months. Therefore, Mr. Bender is entitled to a difference in pay. The normal salary for 46 days $5,527.82 (based on a daily rate of $120.17). Less deductions for Federal Tax - $600.7E State Tax - $223.56, FICA/Med. - $422.74 and New York State Retirement Contribution $165.83.The payment from the Compensation Carrier was $3,680.00 making the difference due the employee $434.93. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 28, 2003 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Glen Bender, Caulker in the Division of Water in the amount of $434.93 for difference in pay allowance under the provisions of the Workers' Compensation Law from 6/27/03-8/31/03. Passed AYES - 11 - NOES - 0 Page 16 03-0916.txt NO. 29 DIFF IN WAGES APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS Mr. Peter Janora, Water Meter Mechanic (Permanent) in the Division of Water was disability from 6/16/03-07/07/03. Pursuant to the City Ordinance, Chapter 35, Article Section 22, each employee is entitled to a difference in pay allowance under the provision of the Worker's Compensation Law for a period not to exceed 6 months. Therefore, Mr. Janora is entitled to a difference in pay. The normal salary for 15 days $1,916.55 (based on a daily rate of $127.78). Less deductions for Federal Tax - $268. State Tax - $80.70, and FICA/Med. - $146.55. The payment from the Compensation Carrier $1,200.00 making the difference due the employee $220.35. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 28, 2003 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Peter Janora, Water Meter Mechanic in the Division of Water in the amount of $220.35 for difference in pay allowance under the provisions of the Workers' Compensation Law from 6/16/03-7/07/03. Passed AYES - 11 - NOES - 0 No. 30 564 Niagara Street: Fence and Pole Sign Within City Right of Way Mr. John Hass, an architect acting as agent for Urban Family Practice, located at 564 Niagara Street. has requested permission to encroach City right of way with fencing and a pole sign. The fencing would be wrought iron. measure 5' in height and 85' in length. The fencing would be installed 10' from the curbline of Niagara Street and not obstruct the main sidewalk. The proposed pole sign measures 4' X 6* with a maximum height of 15'. The design and site plan was approve by the City Planning Board (copy attached) at its regular meeting held April 23, 2003. The Department of Public Works. Parks and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue "Mere License" for said encroachments provided the following conditions are met: 1. That Urban Family Practice obtain any and all other City of Buffalo permits necessary for said installation. 2. That the fence and pole sign be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That Urban Family Practice be responsible for relocation of any existing underground utilities affected by installation of said fence. 4. That Urban Family Practice be responsible for maintenance of these encroachments as long as they remain within City right of way. 5. That Urban Family Practice supply the Department of Page 17 03-0916.txt Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and hold harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachments. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 Increase in Contract Delaware Park Basketball Court Improvements Contract No.92010661 We are requesting permission of Your Honorable Body to increase the above Contract No. 92010661 with Thomann Asphalt in the amount of $1,500. This change order was necessitated due to subsurface conditions unforeseen at the time of bidding. The price for the work was found to be fair and reasonable by our consultant. Remove existing pavement, stone & tree roots $ 687.00 Install 250 sq.ft. new stone base, binder & topping $ 813.00 Total $ 1,500.00 Funds for this work are available in Bond Account 35640206. Summary Contract Amount- $41,400 Change Order - $ 1,500 New Contract Amount - 42,900 Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Thomann Asphalt, an increase in the amount of $1,500.00, as more fully described in the above communication, for work relating to the Delaware Park Basketball Court Improvements, Contract No. 92010661. Funds for this project are available in Bond Account 35640206. Passed AYES - 11 - NOES - 0 No. 32 Permission to Enter into Agreements w/NYSDOT Provide Matching Funds Elmwood Ave. - Church St. to Chippewa St. Chippewa St. - Elmwood Ave. to Pearl St. PIN #5756.81 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a Signals Project. In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non-Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5%. Costs estimates for the work, including engineering are $930,000 and the City's share of costs will be available in our Capital Account for Page 18 03-0916.txt Local Match Reserve. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2003 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct a Signals Project PIN #5756.81 and authorized the Commissioner of Public Works, Parks and Streets to hire an engineering consultant and commit funding necessary for instance costs and all related Federal and Non-Federal shares of project costs. The City's share of costs will be available in Capital Account for Local Match Reserve. Passed. AYES - 11 - NOES - 0 No. 33 Permission to Enter into Agreements w/NYSDOT Provide Matching Funds Signal System Replacement Project Sycamore St. - Michigan Ave. to Walden Ave. Walden Ave. - Best St. to Bakos Blvd. PIN #5755.41 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a Signal System Replacement Program, on Sycamore St. from Michigan Ave. to Walden Ave. and Walden Ave. from Best St. to Bakos Blvd. In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non-Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5%. Costs estimates for the work, including engineering are $1.6 million dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2003 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct a Signal System Replacement Program, PIN #5755.41 and authorized the Commissioner of Public Works, Parks and Streets to hire an engineering consultant and commit funding necessary for instance costs and all related Federal and Non-Federal shares of project costs. The City's share of costs will be available in Capital Account for Local Match Reserve. Passed. AYES - 11 - NOES - 0 No. 34 Permission to Enter into Agreements w/NYSDO1 Provide Matching Funds Signal System Replacement Project Fillmore Ave. - Best St. to Main St. PIN #5755.40 Permission is requested from Your Honorable Body to Page 19 03-0916.txt authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct a Signal System Replacement Program on Fillmore Ave. from Best St. to Main St. In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non-Federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5%. Costs estimates for the work, including engineering are $1.5 million dollars and the City's share of costs will be available in our Capital Account for Local Match Reserve. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2003 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation to administer, design, bid and construct a Signal System Replacement Program on Fillmore Avenue from Best to Main Streets, PIN #5755.40 and authorized the Commissioner of Public Works, Parks and Streets to hire an engineering consultant and commit funding necessary for instance costs and all related Federal and Non-Federal shares of project costs. The City's share of costs will be available in Capital Account for Local Match Reserve. Passed. AYES - 13 - NOES - 0 No. 35 Permission to Reimburse CN Rail Repairs to Black Rock Swing Bridge As part of a yearly inspection program the City has been notified by CN Rail of necessary repairs to the vehicular portion of the Black Rock Swing Bridge. The single lane roadway on the swing bridge is the only means of truck access to Squaw Island. Recent construction activity by our department and the Buffalo Sewer Authority (BSA) has increased truck traffic on the bridge and caused further structural damage. As per the letter attached from CN Rail the estimate for repairs is $119,000 in U.S. funds. Permission is being requested from Your Honorable Body to authorize our department to reimburse CN Rail for 50% of the repairs or an amount not to exceed $60,000. The BSA has committed to fund the other half of repair costs associated with this project. Funds are available in our Capital Project Account #30335106. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 11, 2003 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reimburse CN Rail for 50% of the repairs to the vehicular portion of the black Rock Swing Bridge or an amount not to exceed $60,000. Funds are available in the Capital Project Account #30335106. Passed. AYES - 11 - NOES - 0 No. 36 Page 20 03-0916.txt 387 Forest Avenue Requests Permission to Install Side Wallk Cafe Mr. Andy Daloisio. owner of the Bada Bing Bar, located at 387 Forest Avenue, has requested permission to install a sidewalk cafe which would encroach City, right-of-way at said address. The proposed cafe would measure 14 feet in length and project 9 feet from the building face into City right-of-way. The Department of Public Works. Parks and Streets has reviewed this application pursuant to Chapter 413. Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works. Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed 14 feet in length or extend more than 9 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance. use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 37 101 EASTON: TREE ROOT DAMAGED SIDEWALK The Department of Public Works, Parks and Streets, Division of Engineering has received several complaints regarding tree root damaged sidewalk at 101 Easton Street. The area has been inspected and the damage verified as City responsibility The area has also been temporarily repaired with cold patch asphalt. This sidewalk will be replaced at City expense in a future contract when monies become available. REFERRED TO THE COMMITTEE ON FINANCE NO. 38 CERTIFICATE OF APPOINTMENT Appointment Effective 8/28/03 in the Department of DPW, Division of Engineering to the Position of Assistant Engineer Temporary Promotion at the Intermediate Starting Salary of $42,830 Michael G. Murphy,93 Parkside Court, Buffalo, NY 14214 Eric Schmarder, 46 Camden, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 21 03-0916.txt NO. 39 CERTIFICATE OF APPOINTMENT Appointment Effective 9/2/03 in the Department of DPW, Division of Buildings to the Position of Associate Engineer (Mechanical) PERMANENT APPOINTMENT at the MAXIMUM Starting Salary of $61,077 David Hornung, 181 LaSalle Ave., Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective 8/28/03 in the Department of DPW, Division of Engineering to the Position of Clerk Provisional appointment at the intermediate Salary of $26,449 April A. Tomczak, 147 Marine Dr. Apt. #713, Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective September 15,2003 in the Department of Public Works, Division of Recreation to the Position of Recreation Instructor TEMPORARY APPOINTMENT At the Third step Salary of $30,300.00 Dunbar Patrick, 44 Euclid Place, Buffalo 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective 8/28/03 in the Department of Public Works, Division of Engineering to the Position of Street Repair Worker Permanent, non competitive at the intermediate starting salary of $28,817 Louis Carey, 136 Avery Ave.,Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT STATUS CHANGE ONLY Appointment Effective 9/8/03 in the Department of Public Works, Division of Streets to the Position of Truck Driver TEMPORARY APPOINTMENT At the maximum salary of $30,793 Philip Gramaglia, 238 Bedford Ave., Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 44 [" EXAMINE BENEFITS OF CREATING A DEPARTMENT OF PUBLIC SAFETY" ITEM # 117, C.C.P. SEPTEMBER 2, 2003 In response to item #117, C.C.P. September 2, 2003 - "Examine Benefits of Creating a Department of Public Safety": The consolidation of Public Safety services is a complex issue that is going to require a thorough examination and a tremendous amount of cooperation from all stakeholders. Page 22 03-0916.txt REFERRED TO THE COMMITTEE ON BUDGET NO. 45 CERTIFICATE OF APPOINTMENT Appointment Effective: August 30, 2003 in the Department of: Police to the Position of Detective Permanent Promotion at the Flat Starting Salary of: $ 50,635 Merrilee Collier, 170 Amber Street, Buffalo, NY 14220 Paul Barba, 30 Admiral Road,Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: August 30, 2003 in the Department of: Police to the Position of: Detective Contingent Permanent Promotion at the Flat Starting Salary of $ 50,635 Deborah Mulhern, 181 Stolle Road, Elma, NY 14059 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective August 30, 2003 in the Department of: Police to the Position of Detective, Temporary Promotion at the Flat Starting Salary of 50,635 Daniel Redmond,53 Dundee Street,Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 48 DEPARTMENT OF PUBLIC SAFETY #117 C.C.P. SEPTEMBER 2, 2003 The Buffalo Fire Department is not adverse to conducting a feasibility study in regards to creating a Department of Public Safety. The study should address cost savings, and a risks and need assessment, relevant to the City of Buffalo. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET NO. 49 RETURN FROM LEAVE OF ABSENCE WILLIAM BIONDOLILLO Be advised that Firefighter William V. Biondolillo will return from his unpaid Military Leave of Absence on September 8, 2003. Respectfully submitted, RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 50 CLAIM OF DAVID LAMBE On December 10, 2000, a fire damaged property at 1329 1/2West Avenue. The property is owned by David Lambe. The property was demolished by the City of Buffalo. David Lambe filed a lawsuit against the City of Buffalo seeking $100,000 in damages relating to the destruction of the real property, personal property in the premises, and future loss of income from the property. The City of Buffalo submitted a counterclaim seeking reimbursement for the cost of demolition in the amount of $3,750. The plaintiff filed a Page 23 03-0916.txt motion for summary judgment on its lawsuit. The defendant City of Buffalo opposed the motion and filed a cross-motion for summary judgment on its counterclaim. Supreme Court Justice John Michalek, denied the plaintiff's summary judgment motion and granted the City's summary judgment motion. The Court dismissed the plaintiff's lawsuit against the City and granted the City judgment against Mr. Lambe in the sum of $3,750. The plaintiff may appeal this decision. The plaintiff s attorney has proposed dropping its appeal and paying the City of Buffalo the sum of $1,875 in full settlement of this case. In light of the risks and costs of an appeal, including the possibility that the primary lawsuit could be reinstated, the Corporation Counsel has settled the City's affirmative claim for the sum of $1,875 payable to the City of Buffalo, pursuant to Section 3-24 of the City Charter. This item is being filed for informational purposes only. RECEIVED AND FILED NO. 51 TRANSFER REGIONAL ASSETS TO ERIE COUNTY - PRELIMINARY TERMS ITEM NO. 54, C.C.P., JUNE 24, 2003 Attached please find a Est of the basic terms contained within the proposed regional assets sales agreement for the transfer of the Buffalo Zoological Gardens, Shea's Performing Arts Center and Kleinhans Music Hall to Erie County. The proposed agreement has been filed with the Erie County Legislature and was previously filed with the Common Council. The County of Erie has inquired as to the position of the Council regarding this Regional Asset Proposal. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 52 PERMIT AND INSPECTION SERVICES EXAMINE BENEFITS OF THE CREATION OF A DEPARTMENT OF PUBLIC SAFETY I am writing this in response to Council Item No. 117, C.C.P. 9/2/2003, and I wish to supply your Honorable Body with the following information. At this time the Department of Permit and Inspection Services needs to explore any and all potential obstacles to this merger. Since my appointment in July of 2000, my focus was aimed at creating a streamlined permit process combined with sensible deployment of personnel to the various assigned charges. I remain committed to this task, along with any proposals that may possibly enhance the performance of this Department. REFERRED TO THE COMMITTEE ON BUDGET NO. 53 SECOND HAND DEALER 119 ELMWOOD Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 119 Elmwood and find that as to form is correct. I have cause an Investigation into the premises for which said application for a second hand dealer license is being sought an( 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 Page 24 03-0916.txt investigation by the Police Department into the moral character of Grant Paulsen. The attached thereto for Grant Paulsen d/b/a The Source Fine Art & Antiques. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 USED CAR DEALER 125 CHANDLER 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 125 Chandler 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 Ella Mancini. The attached thereto for Ella Mancini. d/b/a Mancini Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 USED CAR DEALER 1543 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 1543 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 Dan McDermott. The attached thereto for Dan McDermott d/b/a ABC Auto & Towing. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 56 CERTIFICATE OF APPOINTMENT Appointment Effective September 15, 2003 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer II, PERMANENT APPOINTMENT at the FOURTH STEP Starting Salary of $27,038 Carmine Marinaccio, 279 Hastings Ave,Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 57 CERTIFICATE OF APPOINTMENT Appointment Effective September 15, 2003 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Parking Meter Mechanic Permanent Appointment at the fifth step Page 25 03-0916.txt Permanent, Provisional, Temporary, Seasonal (insert one) Salary of$29,604 Vincent Miranda, 7 Susan Lane, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 58 CERTIFICATE OF APPOINTMENT Appointment Effective September 8, 2003 in the Department of Community Services Division of Substance Abuse Services to the Position of Director of Counseling PERMANENT at the fifth step Salary of $50,190.00 Bernadette Sherry, 23 John Paul Court, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 59 CERTIFICATE OF APPOINTMENT Appointment Effective September 8, 2003 in the Department of Community Services, Division of Substance Abuse Services to the Position of Senior Counselor PERMANENT appointment at the flat Starting Salary of $35,704.00 Karen Berneski, 211 Brinkman Ave., Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION No. 60 "K. Lighten-Req. Accom. Of Mod./Accred. Academic Programming-Developmentally Disabled" Ex. Item no. #93, C.C.P. September 2, 2003 Item #93, C.C.P. 09/02/03, "K.Lighten-Req. Accom. Of Mod./Accred. Academic Programming Developmentally Disabled". This issue does not pertain to the Buffalo Public Schools. REFERRED TO THE COMMTTEE ON EDUCATION FROM THE CITY CLERK NO. 61 CERTIFICATE OF APPOINTMENT Appointment Effective 9/16/03 in the Department of City Clerk Division of Records Management Division to the Position of Laborer II PERMANENT PROMOTION at the Starting Salary of $26,116.16 Marvin Rodolph, 196 Shirley Avenue, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 62 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 439 Delaware AveAlexander Michaelidis Alexander Michaelidis 1223 Niagara St Bolla Bar & Grill John R. Bolla 2160 Seneca St. Michael P. McCarthy Michael P. McCarthy RECEIVED AND FILED NO. 63 Page 26 03-0916.txt LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Comptroller- Kathleen Yeates x Public Works, Streets & Parks- Joseph Lunghino x Police-Brian Winnie, Ronnie Daniels RECEIVED AND FILED NO. 64 REPORTS OF ATTENDANCE City Planning Board RECEIVED AND FILED NO. 65 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective September 15,2003 in the Department of Public Works Division of Recreation to the Position of Laborer II SEASONAL Non-Competitive at the FLAT Starting Salary of $8.15 ph Smith Korry, 568 West Utica, Buffalo 14213 Frankhauser Christopher, 57 Wellington, Buffalo 14216 Molson Jr. William, 383 Perry, Buffalo 14204 Amorosi Mary, 278 Colvin, Buffalo 14216 Carey Roxanne, 83 Cartwell, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective August 29,2003 in the Department of Public Works Division of Recreation to the Position of Laborer II SEASONAL Non-Competitive at the MINIMUM Starting Salary of $8.15 ph Logal Jeffrey, 55 Virgil, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective September 8,2003 in the Department of Public Works Division of Parks to the Position of Laborer II, SEASONAL Non-Competitive at the minimum: Starting Salary of $8.15 ph Bettingen Gerald, 925 West Avenue, Buffalo 14213 Cornell William, 115 15th Street, Buffalo 14213 Stock Jason, 46 Britt, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective September 8,2003 in the Department of Public Works Division of Recreation to the Position of Laborer II, SEASONAL Non-Competitive at the minimum: Starting Salary of $8.15 ph Kloepfer John, 208 Starin, Buffalo 14216 Wachowicz Michael, 147 Barnard, Buffalo 14206 NO. 66 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional Page 27 03-0916.txt or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective September 8,2003 in the Department of Public Works Division of Recreation to the Position of Refridgeration Plant Engineer, Temporary at the Starting Salary of $10.25ph Palmer, Encil, 19 Oregon, Buffalo, 14207 Boyer Raymond, 325 East, Buffalo 14207 Melcher Howard, 210 Riverside, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective September 10,2003 in the Department of Public Works, Division of, Recreation to the position of Refrigeration Plant Engineer, Temporary at the FLAT Starting Salary of$10.25 ph LoTempio John, 57 Wilbury, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: 09/09/03 in the Department of Public Works, Division of Buildings to the Position of Sr. First Class Stationary Engineer TEMPORARY at the FLAT Starting Salary of$10.25 William R. Young, 374 McKinley Pkwy., Buffalo, NY 14220 Keith M. Rathbun, 239 Cumberland Ave., Buffalo, NY 14220 Richard Veroba, 24 Lester St., Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective 08/28/03 in the Department of Public Works, Division of Streets to the Position of Streets Worker, Permanent, Non Competitive At the minimum starting salary of $26,779 Kevin Hall, 167 Farmer St., Buffalo, NY 14207 Christian Simcoe, 334 Longnecker St., Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective September 9, 2003 in the Department of Assessment and Taxation to the Position of Assistant to Assessor, Temporary Appointment at the MINIMUM Starting Salary of$26,270 Alvina J. Zielinski, 786 McKinley Pkwy, Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 9/15/03 in the Department of City Clerk Division of Records Management to the Position of Laborer II, Permanent Promotion at the Minimum Starting Salary of $24,523.20 Gregory M. Peoples, 326 Cornwall Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 9/10/03 in the Department of Public Works Division of Parks to the Position of City Parks Forester PERMANENT PROMOTION at the MINIMUM Starting Salary of $36,986 Andrew Rabb, 160 Russell Ave., Buffalo, NY 14214 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES Page 28 03-0916.txt NON-OFFICIAL COMMUNICATIONS No. 67 THE CIMINELLI CONSTRUCTION COMPANIES Memorandum Attached are the following documents that were approved at the August 13, 2003 Joint Schools Construction Board Meeting. Final Agenda for meeting dated August 13, 2003 Meeting Minutes from JSCB Meeting dated July 21, 2003. Application and Certificate for Payment No. 12 - August 31, 2003. Resolution of Joint Schools Construction Board - August 13, 2003. Preliminary Official Statement Purchase Contract Ground Lease Agreement (Series 2003 Project) Facilities Lease Agreement (Series 2003 Project) Continuing Disclosure Agreement Master Construction Agreement State Aid Trust Agreement Environmental Compliance and Indemnification Agreement Local Share Agreement between the District and Cirainelli Trust and Depository Agreement (local share) among the District, the PPDS Provider and M&T Assured Performance Guaranty Agreement between the district and Johnson Controls, Inc. Indenture of Trust (Series 2003 Project) The next meeting of the JSCB is scheduled for Monday, September 15, 2003 at 3:00 PM, Room 209 - City Hall. COPY AVILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON EDUCATION NO. 68 CONCERN WATERFRONT SCHOOL My name is Minnie James. I am the parent of Starrline James, a fifth grade student who attends the Waterfront Elementary School, in the Buffalo Public School district. She first attended in the 2002 - 2003 school year. During that time my daughter was repeatedly harassed threatened and even accosted by another child who also attended that school. I took the necessary steps, which involved the teacher, the school's administrator, the superintendent's office, and even the police department. I was assured, during a meeting (May 2, 2003) with the assistant-principal (Mrs. Harrington) and two Buffalo police officers, that this would not happen again. My daughter arrived home yesterday feeling scared, nervous and withdrawn because the same child once again threatened her. I am writing you because I don't know what else I can do to alleviate this problem. I would be most appreciative of any action to be taken and/ or advice that you can offer. My decision to send my daughter to Waterfront School was well thought out. I visited, inquired, and read correspondence from several schools, both public and private. After a year of consideration and advice from several school professionals, I applied for her enrollment at the Waterfront School. I have always taught my daughter to respect herself and to respect others. She has been taught not to engage in or initiate altercations, but always notify the adult in charge. Although I am African American myself, my perception of the tolerable behavior level is highly Page 29 03-0916.txt unfavorable and the administration's response to such behavior even worse. Since her attendance at this school, my husband and I have had to reassess our training, and incorporate self-defense into it. I am horrified that among the various aspects of peer pressure, now my daughter is fearful throughout her school day. My daughters school experience should not include being fearful of walking to the bus, or attending recess, or the lavatory. I feel the school personnel should have made sure this situation did not occur again. I met with the school personnel on several occasions. I have offered a list of steps to combat the behavior and to suggest that such behavior is intolerable. I recommended self-awareness sessions that would support self-esteem, self-confidence, and respect among the students. All, of which, I was told, was already in place at the school. I am well aware of the usual name calling, cliques, and stereotypes that occurs through the school years, but I refuse to accept and allow physical abuse as part of my daughter's school experience. I believe it is their responsibility to provide a safe and controlled environment for all the students. Once again, I implore you to please utilize any and/or all of your resources to remedy this situation for my consolation and more importantly, for my daughter's. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 69 OVERHEAD SIGN INSTALLATION The completed work on this contract was accepted by this department on August 21, 2003. The state will resume maintenance of the highway. All intersecting public roads, highways or streets not on the state highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the state highway across the intersection. All existing sanitary sewers and other sewers not deemed to be a part of the project by the commissioner, all watermains, hydrants and other municipally or privately owned facilities within the limits of the highway R.O.W. which remain in service unchanged, and all such facilities relocated or protected as part of the work performed under this contract, whether crossing, located within or adjacent to the R.O.W shall be maintained by the municipality or agency owning or having control and jurisdiction thereof at no cost or expense to the state. RECEIVED AND FILED NO. 70 SIGN REPACEMENT The completed work on this contract was accepted by this department on August 21, 2003. The state will resume maintenance of the highway. All intersecting public roads, highways or streets not on the state highway system shall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the state highway across the intersection. All existing sanitary sewers and other sewers not deemed to be a part of the project by the commissioner, all watermains, hydrants and other municipally or privately owned facilities within the limits of the highway R.O.W. which remain in Page 30 03-0916.txt service unchanged, and all such facilities relocated or protected as part of the work performed under this contract, whether crossing, located within or adjacent to the R.O.W. shall be maintained by the municipality or agency owning or having control and jurisdiction thereof at no cost or expense to the state. RECEIVED AND FILED NO. 71 Site # V00370-9 Voluntary Cleanup Program AUGUST 2003 INTRODUCTION Franchise Finance Corporation of America, a part of GE Capital, cooperation with the New York State Departments of Environmental Conservation (NYSDEC) and Health (NYSDOH), has developed a Interim Remedial Action Plan for the Former Pizza Hut Site. The work will be d( under New York State's Voluntary Cleanup Program. The site cleanup expected to begin in late Summer 2003. BACKGROUND The site includes the properties of 2137 through 2153 Seneca Street, excluding 2151 Seneca. One building, a former Pizza Hut restaurant, is currently located on site. In the past, these properties were occupied l: pharmacy, a retail tire establishment, an automotive service building, offices a dry cleaning establishment and residential housing. ENVIRONMENTAL BACKGROUND A preliminary investigation of the site was completed in 1999 on behalf prospective purchaser of the property. The investigation included boreholes to sample soils beneath the site and, installation of shallow groundwater monitoring wells to sample the groundwater and to determine the direction of groundwater flow. The investigation indicated that volatile and semi-volatile organic compounds and metals are present in soil and groundwater on the sit concentrations which exceed New York State standards/guidance. Specifically noted were solvents which likely came from the old dry cleaning establishment that once occupied part of the site. Between 1999 and 2002, a more thorough Site Investigation (SI) completed which included additional subsurface soil, soil vapor groundwater sampling. The SI found that the soil contamination on site primarily situated beneath the parking lot, between the former Pizza restaurant and the corner of Kingston Place and Seneca Street. The compounds found in the soil which present a potential concern to the environment and public health include a volatile substance known as perchloroethene (PCE) and several semi-volatile substances. groundwater in the same area also contained the substances trichloroethene and 1,2 dichloroethene. These substances are com breakdown products of the dry cleaning solvent PCE. REMEDIAL ACTION WORK PLAN Based on the Site investigation findings, a Feasibility Study was completed to determine the most effective means for addressing these contaminants. The goals for the cleanup were: to prevent Public exposure to the contaminated soil and ground/water; and prevent or mitigate the migration of contaminated groundwater to off-site areas. Page 31 03-0916.txt The cleanup will include: a) excavation and off-site disposal of contaminated soils from beneath the parking lot of the former Pizza Hut restaurant; b) backfill and restoration of the excavation for continued use as a parking lot; C) injection of potassium permanganate to destroy (oxidize) the organic contaminants. The chemical will be injected on at least three separate occasions (about 3 to 6 months apart depending on how well and how rapidly the contaminants are oxidized); d) after the soils have been excavated from the parking lot and after the initial injection treatment, the vapor in the soils beneath the former Pizza Hut restaurant will be tested and evaluated for potential impacts to the air quality within the building; and, e) groundwater sampling on and off-site to evaluate the effectiveness of the remedy and determine if additional measures are warranted. Once the cleanup and evaluation of the cleanup's effectiveness has been completed, it is anticipated that the property will be redeveloped for commercial/industrial use. FOR MORE INFORMATION Public understanding and involvement are crucial to the success of New York's hazardous waste remedial program. To provide you with more detailed information, the NYSDEC has placed site documents in a repository in your community so you can read them. The document repositories for the Former Pizza Hut Site are : Buffalo Public Library Cazenovia Branch 155 Cazenovia, Buffalo, NY 14210~ (716) 822-2436 or NYSDEC Buffalo Office 270 Michigan Avenue Buffalo, New York 14203 Attn: David Locey (716) 851-7220 In addition, questions, concerns or comments regarding environmental aspects of the site can be addressed by contacting Mr. David Locey, Project Manager, at ~716) 851-7220. For site related health concerns feel free to contact the New York State Department of Health's :-7Mr. Matt Forcucci, Public Health Specialist, at (716) 847-4385. ABOUT THE VOLUNTARY CLEANUP PROGRAM The Voluntary Cleanup Program was developed to enhance private sector cleanup of properties by enablihg businesses to remediate sites using private rather than public funds, and to reduce the development pressures on "greenfield" sites. Under the Program, a volunteer agrees to investigate and remediate a site to a level which is protective of public health and the environment for the present or intended use of the property. Investigation and remediation is carried out under the oversight of NYSDEC and NYSDOH, When the volunteer completes the work, the State provides a release from State liability for the work done, returning the site to productive use. For more information regarding New York State's Voluntary Cleanup Program, please visit the Department's web site at: http://www.dec.state.ny.us/website/der/vcp/index.html Page 32 03-0916.txt REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 72 MMA CONSULING GROUP DRAFT ORGNIZATIONAL ASSESSSMENT FIRE REPORT Please file this memo as documentation that the City of Buffalo has received the Draft Organizational Assessment of the Buffalo Fire Report from the MMA Consulting Group, Inc. dated September 2003. Inasmuch as all Councilmembers have received a copy of this report it is not necessary to file and reproduce the full report at this time. Please keep the Clerk's copy of the report with this item for the City's permanent record. This report will be discussed at the Budget Committee meeting of 10 AM on Thursday, September 18, 2003 in 1417 City Hall. Dr. Thill, Commissioner Worthy and MMA Consulting Group, Inc. have been invited to participate in this discussion. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON BUDGET NO.73 PEACE BRIDGE EXPANSION EMINENT DOMAIN I have carefully read your letter to me that was dated August 14, 2003. 1 disagree with most of what you have stated and in particular your accusation that I am uninformed regarding the proposed expansion project and the eminent domain issue. First of all, thank you for acknowledging my interest and participation in the review process that has been established for this project. You can be assured that my involvement in this project will continue despite your characterization of my comments and intentions. Before I address the issues you have raised in your letter of August 14th I need to know why you have conveniently truncated the public comment summary that appeared in Section 7 of the draft Scoping Document/Alternatives Screening Report. As you are well aware there has been considerable input both orally and in writing since December 4, 2001. By not sharing all of this information with the public you are not living up to your obligation to run a fair and open review process. With regard to the comments I presented at the first session of collaborative workshop #5, you are entitled to your opinion. However, I stand by my comments regarding the scope and the quality of the alternatives analysis that appeared in the draft Alternatives Screening Report. Since you are aware of my professional credentials, you should also know that I have considerable experience with the preparation of environmental documentation pursuant to the requirements set forth in the National Environmental Policy Act. Clearly, your decision to discard the IRR alternative, so early in the review process clearly establishes a procedural flaw that will likely make the project vulnerable to yet another round of legal action. You backed up my comments by publicly stating at the second session of workshop #5 that you could not further study the IRR alternative, because it would delay the project for another two years. Taken literally you have publicly certified what we have believed of late and that is that you are more interested in speed rather than Page 33 03-0916.txt quality of your own analysis. You need to fairly consider the IRR alternative and then after all of the facts are considered at the conclusion of the NEPA process you choose to accept or reject that option then and only then will your decision have credibility. I am not persuaded by the Federal Highway Administration's comments quoted as follows "we have concluded that the alternatives have been uniformly evaluated for their reasonableness and the recommendations to retain and/or eliminate developed accordingly". Federal case law is fall of examples failed projects whose proponents blindly or conveniently followed such findings. I need not remind you that the first project was flawed on the basis of segmentation. Now, you are setting yourselves up for failure on the basis of a wholly biased analysis of alternatives. You need to fairly and objectively evaluate project alternatives and not discard them prematurely. I disagree with you on the eminent domain issue. There is little doubt that this issue was handled in a less than ethical manner. The entire matter evolved so quickly that few members of the public had a chance to react to the proposed legislation. If the issue was not handled in an unethical manner than it was devious at best, because no one wanted or was going to give the public the opportunity for input. What made this issue so blatantly obvious is the fact that up to that point you had been careful to conduct an open process that welcomed public input. The implication in your August 14'h letter that Jake Lamb's comments at various meetings could be construed as a valid substitute for this input is completely ridiculous. Your defense of the actions of State Assemblyman Robin Schimminger is troubling not only to me, but the vast majority of people who are actively involved in the review of this project. Many of us have clearly stated our position that the Tonawanda crossing was simply not doable on the basis of environmental impact, cost and other factors not withstanding. Yet Mr. Schimminger continued to promote this alternative by erroneously claiming broad support from his constituents. His continued needling on this issue prompted the Erie County Executive to go on record publicly opposing the Tonawanda crossing. Not willing to accept this broad public mandate he drafted eminent domain legislation that included (lines 30 through 36) the option to extend that authority though out the Niagara corridor. He did this wholly without public support or input in a way that did not do anything but certify his own self interest. Thankfully his colleagues in the State legislature saw through this sham and the legislation was not passed. In summary, your letter does not persuade me to believe anything has changed. You have embarked on a new course that is built around speed rather than the essential elements of objectivity and practicality. In doing so you are overlooking significant opportunities that will ultimately shortchange the future of Buffalo, Erie County and western New York for years to come. I am responding to your letter to Mr. Jake Lamb dated 13 August 2003, also read by you at Workshop #5 at D'Youville College. First, thank you for your interest in the project. After our review of your letter we find it is full of vague speculation, unfounded assertions, and misrepresentations. I do not believe that it would be productive to get into a point-by-point debate in this response since your letter gives no basis for many of your Page 34 03-0916.txt statements, but we are willing to meet with you to answer any of your questions and to share information that we have, some of which you requested at last night's meeting that we have sent to you under separate cover. As you are well aware, having yourself been responsible for managing the Permitting Branch of the US Army Corps of Engineers Buffalo District, the Federal Lead Agency (FHWA) has the authority and responsibility for reviewing the technical recommendations that the project team has made in our published documents. After review of the draft Scoping Document the FHWA wrote on 1 July 2003, "we have concluded that the alternatives have been uniformly evaluated for their "reasonableness" and the recommendations to retain and/or eliminate developed accordingly." One specific point of your letter that I would like to address is the "unethical measures" that you state were taken to obtain eminent domain authority. This effort in fact was done in an open manner. At public meetings Jake Lamb has talked about this issue for months if not years. The legislation was discussed at several project sponsored meetings, before the City of Buffalo Common Council Bi-National Bridge Committee and in open session of the City of Buffalo City Council. We worked in close collaboration with both Sam Hoyt and Robin Schimminger. It was introduced and considered in the NY State Legislature in the same manner as all other bills that are considered in the State. Your attack on Assemblyman Schimminger was unwarranted. We believe your characterization of this legislative process as "unethical" is unfounded and shows you are uninformed. REFERRED TO THE COMMITTEE ON BI-NATIONAL BRIDGE NO. 74 Possible purchase of property on Seventh Street adjacent to School #3 Due to the Choice Program SURR schools, bilingual and special education, we have nine buses that come to School #3 each day. We presently have five buses on Niagara Street, two buses on Porter Avenue and two buses on Seventh Street. We also have the Salvation Army and two day care centers that pick up students- In addition, approximately fifty cars lobby for spaces each day. Last year I mentioned the possibility of purchasing three properties on Seventh Street right next to the school cafeteria. This land could be cleared to form a parking canal for buses. 567 Seventh Street Owned by Gerald & Mary Rondon 881-0571 home 645-3072 work (Mary) asking price $40,000 563 Seventh Street Owned by the COB - Real Estate Director (2nd from school) John Cannon - 851-5275 (up for demolition) 561 Seventh Street Owned by John A. Sanabria (3rd from school) 886-5977 home 879-5539 work asking price $40,000 The property at 563 Seventh Street belongs to the City and is presently being knocked down (9/5/03). This would be an Page 35 03-0916.txt ideal time to obtain this land from the city. The owners of the other two properties are eager to sell their homes and move away from this neighborhood. Again, I stress that it is an ideal time to purchase this land. Corporation Hope TV is developing the new Lakeview projects and are making plans to build homes in the empty lot on Seventh Street as part of their Phase IL If they are successful the prices of these properties wilI go up. I would very much like to speak with someone that handles the purchase of property for the board to discuss this issue. Please call me at 888-7000 at your earliest convenience. REFERRED TO THE COMITTEE ON FINANCE AND THE DIRECTOR OF REAL ESTATE PETITIONS NO. 75 David Mavis Use 2677 Delaware- Ave GROUND SIGN (Phone#878-9379 The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE C1 PLANNING BOARD AND THE CORPORATION COUNSEL NO. 76 David Mavis 2141 Delaware Ave GROUND SIGN (Phone # - 878-9379 ) The attached is for Common Council Approval; but per Permits, no public bearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL No. 77 D. Fitzgerald & Others-Request The City of buffalo to renew lease agreement for the Marine Drive Apartments. Attached petition available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION Regular Committees Civil Service (Marc A. Coppola, Chairperson) NO. 78 Appointment Supv. Auditor (Inter) (Compt.) (Item No. 20-C.C.P. Sept. 2, 2003) That Communication 20, September 2, 2003 be received and filed and the permanent appointment of Jeni Wozniak stated above at the intermediate salary of $45,590 effective on July 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO.79 Appointment Comm. Recreation Aide (Inter 44) (PW) Page 36 03-0916.txt (Item No. 34-C.C.P. Sept. 2, 2003) That Communication 34, September 2, 2003 be received and filed and the permanent appointment of Larry Middlebrooks stated above at the intermediate salary of $30,864 effective on August 18, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 80 Appointment Dog Control Officer (Inter) (PW) (Item No. 35-C.C.P. Sept. 2, 2003) That Communication 35, September 2, 2003 be received and filed and the provisional appointment of Frank A. Militello stated above at the intermediate salary of $28,817 effective on July 29, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 81 Appointment Heavy Equip. Operator (Max) (PW) (Item No. 36-C.C.P. Sept. 2, 2003) That Communication 36, September 2, 2003 be received and filed and the temporary appointment of Richard Chmiel stated above at the maximum salary of $33,392 effective on August 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 82 Appointment Recreation Instructor (Inter #4) (PW) (Item No. 37-C.C.P. Sept. 2, 2003) That Communication 37, September 2, 2003 be received and filed and the permanent appointment of Fracos John stated above at the 'intermediate salary of $31,184 effective on August 18, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 83 Appts. -Police Lieutenant (Max) (Pol) (CCP#55-July 22, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 84 Appointment Laborer 11 (Inter) (A&F) (Item No. 54-C.C.P. Sept. 2, 2003) That Communication 54, September 2, 2003 be received and filed and the permanent appointment of Daniel D. Tadusz stated above at the intermediate salary of $26,116 effective on July 23, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO. 85 Appointment Laborer 11 (Max) (A&F) (Item No. 55-C.C.P. Sept. 2, 2003) Page 37 03-0916.txt That Communication 55, September 2, 2003 be received and filed and the permanent appointment of Michael Falzone stated above at the maximum salary of $27,939 effective on July 23, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO. 86 Appointment Sr. Treasury Administrator (Max) (A&F) (item No. 56-C.C.P. Sept. 2, 2003) That Communication 56, September 2, 2003 be received and filed and the provisional promotion of Debbie A. Renzoni stated above at the maximum salary of $52,536 effective on July 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO. 87 Appointment Parking Meter Mechanic (Max) (A&F) (Item No. 22-C.C.P. July 22, 2003) That Communication 22, July 22, 2003 be received and filed and the permanent appointment of Ted Kniazuk stated above at the maximum salary of $29,604 effective on July 14, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO. 88 Appointment Asst. Mgmt. Analyst (Perm) (Max) (A&F) (Item No. 75-C.C.P. July 22, 2003) That Communication 75, July 22, 2003 be received and filed and the permanent appointment of Christopher Marcello stated above at the maximum salary of $38,278 effective on July 14, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 NO. 89 Appointment Counselor III (Max) (Comm. Svs.) (Item No. 58-C.C.P. Sept. 2, 2003) That Communication 75, September 2, 2003 be received and filed and the permanent appointment of Christa Hodge stated above at the maximum salary of $34,421 effective on July 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 90 Appointment Reimbursement Specialist (Max) (Comm. Svs.) (Item No. 59-C.C.P. Sept. 2, 2003) That Communication 59, September 2, 2003 be received and filed and the provisional appointment of Diana Simmons stated above at the maximum salary of $30,809 effective on July 30, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 91 Page 38 03-0916.txt Appointment Senior Counselor (Perm.) (Inter #2) (Comm. Svs.) (Item No. 60-C.C.P. Sept. 2, 2003) That Communication 60, September 2, 2003 be received and filed and the permanent appointment of Patricia Zimmerman stated above at the intermediate salary of $35,703 effective on July 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 92 Appointment Senior Counselor (Temp.) (Inter #2) (Comm. Svs.) (Item No. 61-C.C.P. Sept. 2, 2003) That Communication 6 1, September 2, 2003 be received and filed and the temporary appointment of Karen Berneski stated above at the intermediate salary of $35,703 effective on July 21, 2003 is hereby approved. PASSED AYES - 11 - NOES - 0 No. 93 Notices of Appt. -Temp./Prov. /Perm. (C. Clk-) (CCP#86-July 22, 03) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (JEAN GRANT, CHAIRPERSON) NO. 94 AMEND LEASE - ERIE COUNTY WORKFORCE - 401 CLINTON STREET (ITEM NO. 7, C.C.P., DEC. 26, 2002) (ITEM NO. 6 1, C. C.P., JAN. 7, 2003) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 95 LEASE - CRUCIAL 378 URBAN ITEM NO 7 CCP EPT 2, 2003 Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED AYES - BONIFACI, COPPOL, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBERK, GRANT, MARTINO AND PITTS - 10 NOES - LOTEMPIO - 1 NO. 96 INCREASED APPROPRIATION - RESERVE FOR CAPITAL OUTLAY - VARIOUS DEPARTMENTS (ITEM NO. 172, C.C.P., JUNE 24, 2003) (ITEM NO. 115, C.C.P., JULY 22, 2003) That the Comptroller be, and he hereby is authorized and directed to transfer the sum of $1,204,586 from the Reserve for Capital Budget 10700096-397200 to meet the increased appropriation to various departments as set forth in the above communication. Passed. AYES - 11 - NOES - 0 NO. 97 Page 39 03-0916.txt GRANTS, VARIOUS - AWARDED TO THE POLICE DEPARTMENT AND INTERFUND CASH LOANS (ITEM NO. 39, C.C.P., SEPT. 2, 2003) That the Mayor be, and he hereby is authorized to enter into various contracts for grants on behalf of the Police Department received for the County, the State and Federal Governments as listed in the above communication, and the Comptroller is hereby authorized to provide interfund cash loans for all non-personnel expenses until reimbursements can be secured by the funding source, when required. Passed. AYES - 11 - NOES - 0 NO. 98 RESULTS OF NEGOTIATIONS - 99, 135 ASH, 138 SPRUCE, 265 & 267 GENESEE (ITEM NO. 10, C.C.P., SEP. 2, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from James J. Contino, Attorney at Law on behalf of James M. Neil, Vice President of A.E.N. Properties, Inc., 3155 Broadway, in the sum of fifteen thousand dollars ($15,000.00) for the purchases of 99 and 13 5 Ash, 13 8 Spruce, 265 and 267 Genesee Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed AYES - 11 - NOES - 0 NO. 99 RESULTS OF NEGOTIATIONS - 181, 185, 187 BENNETT, 279 & 293 BROADWAY (ITEM NO. 11, C.C.P., SEP. 2, 2003) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 100 RESULTS OF NEGOTIATIONS - 323 FULTON STREET (ITEM NO. 12, C.C.P., SEPT. 2, 2003) That the offer from Mrs. Thelma Mae Nottingham, residing at 321 Fulton Street, in the sum of one thousand and one hundred dollars ($ 1, 100.00) for the purchase of 323 Fulton Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and 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 - 11 - NOES - 0 Page 40 03-0916.txt NO. 101 RESULTS OF NEGOTIATIONS - 52 HOLLAND STREET (ITEM NO. 13, C.C.P., SEPT. 2, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Thomas Walker, residing at 1255 East Ferry Street, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 52 Holland Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and 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 - 11 - NOES - 0 NO. 102 RESULTS OF NEGOTIATIONS - 110 ONEIDA STREET (ITEM NO. 14, C.C.P., SEP. 2, 2003) That the offer from Ms. Clyvette Grayson, residing at 108 Oneida Street, in the sum of one thousand and nine hundred dollars ($900.00) for the purchase of 110 Oneida Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and 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 - 11 - NOES - 0 NO. 103 ESTABLISHMENT OF A VACANT LOT AUCTION (CCP# I 25-MAY 27, 03) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 104 MONTHLY RPT.-MAYOR'S HELP LINE-JULY 2003 (CIT. SVS.) (CCP#3-SEPT. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 105 R. IPPOLITO, PETITION TO USE 67 NORWOOD - RESIDENTIAL BEAUTY PARLOR (ITEM NO. 100, C.C.P., JULY 22, 2003) That after the public hearing before the Committee on Legislation on September 9, 2003, the petition of Rita Ippolito, owner, for permission to use 67 Norwood for, a residential beauty parlor be, and hereby is approved. Page 41 03-0916.txt Passed. AYES - 11 - NOES - 0 NO. 106 K. DONATO, PETITION TO USE 1350 HERTEL AVENUE - GROUND SIGN (ITEM NO. 100, C.C.P., SEPT. 2, 2003) That after the public hearing before the Committee on Legislation on September 9, 2003, the petition of K. Donato, agent, for permission to use 1350 Hertel Avenue for a ground sign be, and hereby is approved. Passed. AYES - 11 - NOES - 0 NO. 107 P. VALLONE, PETITION TO USE 1281 HERTEL AVENUE - TAKE-OUT RESTAURANT (ITEM NO. 10 1, C.C.P., SEPT. 2, 2003) That after the public hearing before the Committee on Legislation on September 9, 2003, the petition of Paul Vallone, owner, for permission to use 1281 Hertel Avenue for a take-out restaurant be, and hereby is approved. Passed. AYES - 11 - NOES - 0 NO. 108 R. PIERPAOLI, PETITION TO USE 1455 FILLMORE AVENUE - GROUND SIGN (ITEM NO. 10 1, C.C.P., JULY 22, 2003) That the petition of R. Pierpaoli, agent, for permission to use 1455 Fillmore Avenue for a ground sign be, and hereby is approved. Passed. AYES - 11 - NOES - 0 NO. 109 D. MIKA, PETITION TO USE 167 DOAT - GROUND SIGN (ITEM NO. 102, C.C.P., JULY 22, 2003) That the petition of D. Mika, agent, for permission to use 167 Doat Street for a ground sign be, and hereby is approved. Passed. AYES - 11 - NOES - 0 NO. 110 B. EBECHARD, PETITION TO USE 2677 DELAWARE - ILLUMINATED POLE SIGN (ITEM NO. 102, C.C.P., SEPT. 2, 2003) That the petition of B. Ebechard, agent, for permission to use 2677 Delaware Avenue for an illuminated pole sign be, and hereby is approved with conditions as set by the City Planning Board. Passed. AYES - 11 - NOES - 0 NO. 111 K. WIDDOWSON, PETITION TO USE 1975 DELAWARE - ILLUMINATED GROUND SIGN (ITEM NO. 103, C.C.P., SEPT. 2, 2003) That the petition of K. Widdowson, agent, for permission to use 1975 Delaware Avenue for an illuminated ground sign be, and hereby is approved with conditions as set by the City Planning Board. Passed. AYES - 11 - NOES - 0 Page 42 03-0916.txt NO. 112 L. F. DIGREGORIO, PETITION TO USE 1770 ELMWOOD - ILLUMINATED GROUND SIGN (ITEM NO. 104, C.C.P., SEPT. 2, 2003) That the petition of L. F. DiGregorio, agent, for permission to use 1770 Elmwood Avenue for an illuminated ground sign be, and hereby is approved with conditions as set by the City Planning Board. Passed. AYES - 11 - NOES - 0 NO. 113 S. FINZER, PETITION TO USE 325 MANHATTAN - ILLUMINATED GROUND SIGN (ITEM NO. 105, C.C.P., SEPT. 2, 2003) That the petition of S. Finzer, agent, for permission to use 325 Manhattan Avenue for an illuminated ground sign be, and hereby is approved with conditions as set by the City Planning Board. Passed. AYES - 11 - NOES - 0 NO. 114 KENNETH MORIARITY, PETITION TO USE 225-229 LEXINGTON - ADDITION TO EXISTING RESTAURANT (ITEM NO. 88, C.C.P., JUNE 24,2003) (ITEM NO. 13 1, C.C.P., JULY 22, 2003) That after the public hearing before the Committee on Legislation on July 1, 2003, the petition of Kenneth Moriarity, agent, for permission to use 225-229 Lexington Avenue for a one story restaurant seating addition to rear of existing restaurant be, and hereby is approved with conditions as set by the City Planning Board. Passed. AYES - 11- NOES - 0 NO. 115 B. DAVIS-L. DIGIULIO-CONCERNS-OUTDOOR ADV. STRUCTURE AT 646 SPRING ST. (#61,3/18) (CCP#149-JULY 22, 03) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, AND MARTINO - 10 NOES - PITTS - 1 NO. 116 RENAME COMER-FILLMORE & JEFFERSON-DEACON DONALD R. SPEED (FIRE) (CCP#45-SEPT. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 NAMING STREET-DALE BROWN (HRG.) (PW) (CCP#3 I -SEPT. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 Page 43 03-0916.txt RE-APPOINTMENT MEMBER TO THE BUFFALO PRESERVATION BOARD (ITEM NO. 2, C.C.P., JULY 22, 2003) That the re-appointment of Carla Singleton, residing at 226 Blaine Avenue, as a member of the Buffalo Preservation Board for a term commencing September 9, 2003 and expiring August 31, 2006 be, and hereby is approved. Passed AYES - 11 - NOES - 0 NO. 119 APPOINTMENT MEMBER TO CITIZENS PLANNING COUNCIL (ITEM NO. 173, C.C.P., JULY 22, 2003) That the appointment of Philip Frandina as a member of the Citizens Planning Council be, and hereby is approved. Passed AYES - 11 - NOES - 0 NO. 120 APPOINTMENT MEMBER TO CITIZENS PLANNING COUNCIL (ITEM NO. 186, C.C.P., JULY 22, 2003) That the appointment of Tony D. Williams, residing at 309 Tacoma Avenue as a member of the Citizens Planning Council be, and hereby is approved. Passed AYES - 11 - NOES - 0 NO. 121 EXPANDING RADIUS OF PROTECTION TO HISTORIC BLDGS. (CCP#138-OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 STRENGTHEN LAW TO CURB DEMO. OF HISTORIC BLDGS. (CCP# 13 9-OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 CREATE SAFEGUARD AGAINST GRATUITOUS DEMOLITIONS (CCP#217-APR. 15, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 NOTIFICATION SERIAL #9723 (PW) (CCP#23-SEPT. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 B. DAVIS-M. SORRENTINO-CONC.-PKG. SITUATION NEAR BRISBANE BLDG. (CCP#49-JUNE 10, 03) Page 44 03-0916.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 126 B. DAVIS-M. SORRENTINO-CONC.-PKG. SIT. NEAR BRISBANE BLDG. (A&F) (CCP#56-JUNE 24, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 M. SCHMAND-BFLO. PLACE-PKG. CONCERNS NEAR THE BRISBANE BLDG. (CCP#80-JUNE 24, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 SECONDHAND DEALER - 534 ELMWOOD AVENUE (ITEM NO. 63, C.C.P., JULY 22, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Brandon Chase d/b/a Off The Wall located at 534 Elmwood Avenue. PASSED AYES - 11 NOES - 0 NO. 129 SECONDHAND DEALER - 1526 GENESSEE AVENUE (ITEM NO. 49, C.C.P., SEPT. 2, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Josephine Thompson d/b/a St. Paul Missionary Baptist Church located at 1526 Elmwood Avenue. PASSED AYES - 11 NOES - 0 NO. 130 SECONDHAND DEALER - 1277 HERTEL AVENUE (ITEM NO. 64, C.C.P., JULY 22, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Angela Behringer d/b/a Behringer International Inc. located at 1277 Hertel Avenue. PASSED AYES - 11 NOES - 0 NO. 131 SECONDHAND DEALER - 3126 MAIN STREET (ITEM NO. 55, C.C.P., JUNE 24, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Gina Vallone d/b/a Ragamuffins located at 3126 Main Street. PASSED AYES - 13 NOES - 0 Page 45 03-0916.txt NO. 132 USED CAR DEALER LICENSE - 1386 BAILEY AVENUE (ITEM NO. 66, C.C.P., JULY 22, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. R. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 133 USED CAR DEALER LICENSE - 2401 BAILEY AVENUE (ITEM NO. 65, C.C.P., JULY 22, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Jerry Robins, d/b/a Finish Line, located at 2401 Bailey Avenue. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 134 USED CAR DEALER LICENSE - 2660 BAILEY AVENUE (ITEM NO. 48, C.C.P., JULY 8, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Huey Gunn d/b/a Don's Quels Auto Sales, located at 2660 Bailey Avenue. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 135 USED CAR DEALER LICENSE - 2677 DELAWARE AVENUE (ITEM NO. 49, C.C.P., JULY 8, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to E. Roger Tunmore d/b/a Tunmore Oldsmobile Inc., located at 2677 Delaware Avenue. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 136 USED CAR DEALER LICENSE - 1660 NIAGARA STREET (ITEM NO. 70, C.C.P., JULY 22, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Robert Hondzinski d/b/a Island Auto, located at 1660 Niagara Street. PASSED Page 46 03-0916.txt AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 137 USED CAR DEALER LICENSE - 337 NORTH OGDEN (ITEM NO. 68, C.C.P., JULY 22, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. R. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 138 USED CAR DEALER LICENSE - 2058 SOUTH PARK (ITEM NO. 72, C.C.P., JULY 22, 2003) R. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 139 USED CAR DEALER LICENSE - 528 TONAWANDA (ITEM NO. 73, C.C.P., JULY 22, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Robert Fargino Jr. d/b/a RDF Automotive, located at 528 Tonawanda. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 140 USED CAR DEALER LICENSE - 835 SYCAMORE (ITEM NO. 50, C.C.P., JULY 8, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Johnny Thompson d/b/a Street Stylz Auto Sales, located at 835 Sycamore. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, - 10 NOES -PITTS - 1 NO. 141 L. MAUND & OTHERS - INSTALL STOP SIGN - ZITTEL & PARKVIEW (ITEM NO. 93, C.C.P., JUNE 24, 2003) That the Common Council does hereby request the Commissioner of Public Works and Streets to install a stop sign on Zittel Street at the intersection of Parkview. ADOPTED NO. 142 B. GRANT-P. GREELEY-POOR WATER PRESSURE-KENSINGTON & CLARENCE AREA (CCP#53-JUNE 10, 03) R. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED Page 47 03-0916.txt NO. 143 B. GRANT-D. LEVESQUE-CONCERNS- SHOSHONE PARK (POL) (CCP#39-JUNE 24, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 B. GRANT-D. LEVESQUE-CONCERNS- SHOSHONE PARK (CCP#60-MAY 27, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 B, GRANT-F. LAWVERE-STOP SIGNS-WINSPEARNORTHRUP; NO TURN ON RED, ETC. (CCP#77-APR. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 B. GRANT-F. LAWVERE-TRAFFIC PROBLEMS-MAIN[WIN SPEAR, ETC. (CCP#53-APR, 15, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 B. GRANT-F LAWVERE-TRAFFIC PROBLEM S-MAIN/WINSPEAR, ETC. (POL) (CCP#25-APR. 29,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 B. GRANT-M. MILL IGAN-CONCERNS-TRAFFIC-WINSPEAR/NORTHRUP (CCP#58-APR. 29,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 B. GRANT-M. MILL IGAN-CONCERNS-TRAFFIC-WI NSPEAR/NORTHRUP (POL) (CCP#22-MAY 13, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 TRAFFIC ISSUES ON MAIN ST NORTHRUP PLACE & WINSPEAR AVE (PW) (CCP#25-MAY 27, 03) That the above item be and the same hereby is received and filed. ADOPTED Community Development Page 48 03-0916.txt (Antoine M. Thompson, Chairman) no. 151 Req. Compreh, Rpt. Det. History of CDBG Expenditures (Exc. Fin. Res.) (CCP#122-Sept, 2, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 152 B. Ferguson-Audit of Contract Personnel (BERC) (CCP#42-Apr. 15, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 153 Contract Personnel-Employees or Independent Contractor (#5,12/10) (Compt) (CCP#80-Apr. 29,03) That the above item be and the same hereby is received and filed. ADOPTED No. 154 F. Luhr-Empire State Dev.-Erie Canal Harbor Proj.-Pub. Scoping Mtg. (CCP#50-May 13, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 155 B. Davis & A. Thompson-J. Wooley-Concerns-Grant Elig. Entitlement, etc. (CCP#64-Oct. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 156 School No. 75 - 57 Howard, Disposition of (Item No. 6, C.C.P., Oct. 29, 2002) That the above item be and the same hereby is received and filed ADOPTED NO. 157 A. Thompson-News Article-Rebuilding Neighborhoods (CCP#63-Apr. 15, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 Transfer of Title, Urban Homestead - 194 Locust Street (Item No. 17, C.C.P., Jan. 21, 2003) (Item No. 124, C.C.P., June 10, 2003) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED Page 49 03-0916.txt NO. 159 Transfer of Title, Urban Homestead - I 10 Locust Street (Item No. 15, C.C.P., May 27, 2003) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 160 Transfer of Title, Urban Homestead - 110 Locust Street (Item No. 16, C.C.P., May 27, 2003) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 161 Transfer of Title, Urban Homestead - 303 Maple Street (Item No. 6, C.C.P., Apr. 29, 2003) (Item No. 125, C.C.P., June 10, 2003) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 162 Transfer of Title, Urban Homestead - 113 Mulberry Street (Item No. 18, C.C.P., Feb. 18, 2003) (Item No. 126, C.C.P., June 10, 2003) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED RESOLUTIONS NO. 163 RESOLUTION By: Mr. Coppola Re: Amend Charter to Mandate Adequate Funding for Tree Removals and Pruning to Avoid Potential Major Injuries and Liabilities Whereas:The Reforest Buffalo coalition is a public-private partnership composed primarily of the Division of Forestry, the Buffalo Green Fund, and the Buffalo Olmsted Conservancy; and Whereas:This partnership has been very successful, providing "bare root" replanting in 4 Olmsted Parks, on 7 Olmsted Parkways, 7 Olmsted Circles and several city streets; and Whereas:In addition, Reforest Buffalo has completed a tree survey documenting that the City of Buffalo is 2/3 forested with 67,000 street trees representing 195 species; and Whereas:The coalition has recently completely an impressive and fiscally prudent draft Tree Master Plan that lays out a 5 year maintenance program with a priority focus on reducing hazards and municipal liabilities from dead trees and hazardous limbs; and Whereas:The program is projected to cost $1 million the first year, $1.2 million the second and third years, and drops to less than $900,000 once the most dangerous hazards are removed in the first 3 years; and Whereas:These numbers are substantial for a City facing Page 50 03-0916.txt insolvency, but the financial and human cost of not funding this program could be far more severe; and Whereas:The tree survey identified the need for 4,798 priority tree removals and 11,890 priority tree prunnings city-wide; and Whereas:Since April of 1999, the City of Buffalo has paid out $222,999.11 in claims related to trees and tree roots, and none of these were substantial claims resulting from serious personal injury; and Whereas:If hazardous trees are left standing, it is only a matter of time before luck runs out and a serious injury or even death results from a tree or limb toppling in a wind storm; and Whereas:On a human level, there is no valid excuse for allowing this risk to continue, and on a fiscal level, the risks to the City of Buffalo, as a self-insured entity, are clearly substantial and immediate; and Whereas:This Council, recognizing the "penny wise but pound foolish" temptation to refund preventive tree care in the face of trying fiscal circumstances, seeks to mandate adequate funding to protect the City of Buffalo from liability and culpability in the event of a serious tree hazard accident; Now, Therefore, Be It Resolved That: This Common Council requests the Law Department to draft a Charter amendment that would mandate adequate funding for preventive tree care to protect the lives of Buffalo's citizens and the fiscal solvency of the City as a self insured agency. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 164 By: Mr. Coppola Subject: Rising Health Care Costs of Municipal Employees Whereas: The rising cost of healthcare is one of the greatest contributors to the budgetary gaps that the City of Buffalo and many other cities are facing; and Whereas: In order to manage these rapidly increasing costs and continue to provide adequate coverage to employees, it is imperative that all levels of government work together and combine their purchasing power; and Whereas: The City of Buffalo and the County of Erie have already combined their purchasing power in the area of electricity and refuse disposal. To date, both entities have realized significant savings attributable to the economies of scale created by these consolidations; and Whereas: The federal and state government has not adequately dealt with this growing national problem. As a result, it has become critical that local governments take action to cut health care costs; and Whereas: The City of Buffalo and the County of Erie, by combining their purchasing power in the area of health care coverage for municipal employees, will likely realize decreased premiums for employee coverage as a result of Page 51 03-0916.txt the larger pool of individuals covered; and Now, Therefore Be It Resolved: This Common Council requests that the Commissioner of Human Resources for the City of Buffalo determine the feasibility of implementing a plan that would allow the City of Buffalo and the County of Erie to purchasing healthcare coverage for their employees as a single unit. Be It Further Resolved: In making his determination, this Common Council requests that the Commissioner assess the level of interest in such a merger, evaluate the barriers to implementation, present data on the potential savings that may result from the potential merger, and report his findings to the Council. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF HUMAN RESOURCES NO. 165 BY: MR. FRANCZYK, MR THOMPSON AND MR DAVIS RE: RELEASE YEAR 29 BLOCK GRANT WHEREAS: Year 29 Community Development Block Grant funds have been frozen by the Department of Strategic Planning, causing hardship to housing and human agencies in Buffalo; and, WHEREAS: Community based organizations may not be able to meet payroll and are discussing the possibility of closing their doors, which would be a blow to the neighborhoods and people these agencies serve; and, WHEREAS: For some reason, the Department of Strategic Planning chose to submit the Year 29 CDBG budget to the Buffalo Fiscal Stability Authority for its review, although there is nothing in the state enabling legislation which suggests that the Authority has control over federal block grant finds; and, WHEREAS: The block grant program is a "contract" between the cities and its government in Washington, and hence is subject to review by HUD, not New York State or any of its ancillary agencies or authorities; and, WHEREAS: BURA has apparently interpreted that the CDBG funds it approves in excess of $50,000 is also subject to review by the Control Board, but there appears to be no legislative mandate requiring this; and, WHEREAS: Control Board legislation states that "covered organizations" under its jurisdiction includes any "public authority," in the city which directly receives funds from the city, but it is unclear about funds emanating from the federal government; and, WHEREAS: In its rejected Four-Year Plan to the Control Board, the city submitted a CDBG plan which slashes allocation to the CBOs by twenty-eight percent, to cover more losses in the Section 108 Loan Program, reorganization of the Fire Department and other spending over budget; and, WHEREAS: The decision to send the CDBG budget to the Control Board without a request to do so by the board raises serious questions about the propriety of the city's decision, the ramifications of which is a threat to the deliver of federal funds to communities in need; and, WHEREAS: Agencies executive directors have apparently been informed that the Control Board may not review the Year 29 CDBG requests until October 2, or later, with a possibility that the board may disallow the funding, even though their jurisdiction over these funds may be nonexistent; Page 52 03-0916.txt NOW THERFORE BE IT RESOLVED: That pending a legal opinion to the contrary, the Department of Strategic Planning should release all Year 29 CDBG funds per contractual agreement as approved by the Common Council to all affected Community Based Organizations. BE IT FURTHER RESOLVED: That the Department of Strategic Planning appear before the Common Council to explain the reason for its actions vis a vis Year 29 Block Grant, and to discuss any new strategies for the use of these funds, if any. BE IT FURTHER RESOLVED: That the law department render a legal opinion as to whether or not the Buffalo Fiscal Stability Authority has jurisdiction over the allocation of federal Community Development Block Grant funds. BE IT FINALLY RESOLVED: That certified copies of this resolution be sent to the WNY Delegation of the Federal and State Legislation's. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANK THE CORPORATION COUNSEL AND THE BUFFALO ADVISORY STABILITY COMMITTEE No. 166 RESOLUTION BY: Mrs. LoTempio SUBJECT: Cazenovia Park Shelter House Lease Whereas: South Buffalo Alive, a not-for-profit organization in South Buffalo, has requested assistance in sharing space at the Cazenovia Park Shelter House; and Whereas: This organization was established for the preservation and beautification of the neighborhood; and Whereas: They have completed dozens of beautification projects throughout the neighborhood, in particular, the transformation of the Olmsted Circles on McKinley Parkway, Tim Russert's Children's Garden on South Park Avenue, the restoration of the interior and exterior of the Shelter House, and their award winning garden in Cazenovia Park; and Whereas: South Buffalo Alive has held many community events, including the second annual Parade of Circles along McKinley Parkway; and Whereas: The space at the Shelter House will be utilized to help the organization continue to perform their beautification projects. Now Therefore Be It Resolved: That the Corporation Counsel and the Division of Real Estate prepare a lease agreement between PAL and South Buffalo Alive to lease a portion of the Cazenovia Park Shelter House; and Be It Finally Resolved: That there will be no displacement of existing groups and organizations currently associated with the Cazenovia Park Casino or Cazenovia Park Shelter House. PASSED AYES - 11 - NOES - 0 No. 167 RESOLUTION By: Mrs. LoTempio Re: Excuse Councilmember Gray from Council Meeting. Whereas: Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, September 16, 2003, Page 53 03-0916.txt Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the Tuesday, September 16, 2003, Common Council meeting. ADOPTED NO. 168 By: Mrs. Martino SUBJECT: Establishment of an Advisory Board to evaluate South Buffalo Libraries Whereas: Erie County Executive Joel Glambra has proposed building a new library in the South District replacing the current Cazenovia and Dudley branches, and Whereas: Several community meetings were held over the last eighteen months. While residents continue to express concern the lack of computers and other materials in the existing facilities, others continue to express concern over the merging of the two libraries; and Whereas: As of this date, there has been no written communication or agreement from the County Executive with regard to the project cost or location; and Whereas: The City of Buffalo continues to see a decline in its tax base. Removal of viable revenue generating buildings for such projects is questionable. Now, Therefore, Be It Resolved: That a committee be established in order to review all aspects of the proposed construction of a new library in the South District. This committee shall be composed of two members appointed by the City of Buffalo South District Council Member, two members appointed by the Erie County Legislator Second District Seat, and additional members appointed by the Buffalo and Erie County Library Board as well as a member of the City of Buffalo Strategic Planning Department; and Be It Further Resolved: That County Executive Joel Giambra provide written details of the proposed construction including budget and location; and Be It Finally Resolved: This committee shall evaluate all aspects of the proposed construction of a new library in the South District and meet with concerned citizens to assure all needs are met. ADOPT No. 169 By Mr. Thompson Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverend Kenyon T Cobb By Councilmember Pitts & City Clerk Michaux ADOPT No. 170 RESOLUTION By: Mr. Thompson Re: Request to Excuse Common Council Member Antoine M. Thompson from a Common Council on Tuesday, September 16,2003 WHEREAS.- Council Member Thompson respectfully requests permission to be excused from a Common Council Session dated Page 54 03-0916.txt Tuesday, September 16, 2003 NOW BE IT THEREFORE RESOLVED THA T The Common Council of the City of Buffalo does hereby grant Masten District Council Member Antoine M. Thompson's request for permission to be excused from the Common Council Meeting on Tuesday, September 16, 2003 ADOPTED NO. 171 RESOLUTION BY. MR THOMPSON RENAMING OF A SECTION OF GLENWOOD AVENUE INHONOR OF PASTOR ARSELL BELL WHEREAS. PASTOR ARSELL BELL, WAS BORN ON FEBRUARY 28, 1929 IN STARKSVILLE, MISSISSIPPI TO JOHN ROBERT AND MARY BELL AND OWEREAS: PASTOR ARSELL BELL ATTENDED MISSISSIPPI PUBLIC SCHOOLS, THEN MOVED TO THE CITY OF BUFFALO IN HIS EARLY TEENS WHERE BE ATTENDED A REPUTABLE BUFFALO PUBLIC HIGH SCHOOL, GRADUATING WITH A CONCENTRATION IN GENERAL STUDIES; AND W'HEREAS: SINCE AGE 16, PASTOR ARSELL BELL HAS LIVED AT 246 GLENWOOD AVENUE, WITHIN THE COMMUNITY IN WIRCH HE PREACHES AND HAS NURTURED SO MANY LIVES; AND WHEREAS.' AS A YOUTH, PASTOR ARSELL BELL WAS TAUGHT CORE CHRISTIAN PRINCIPLES THROUGH THE TEACHINGS OF ELDER ROBERT BROWN AND MOTHER BROWN (FOUNDERS OF STATE TABERNACLE C.O.G.I.C.); AND WHEREAS.- PASTOR ARSELL BELL, SUPERINTENDENT OF STATE TABERNACLE CHURCH OF GOD IN CHRIST LOCATED AT 234 GLENWOOD AVENUE, BUFFALO NEW YORK 14208 HAS PRESIDED OVER HIS CONGREGATION FOR ALMOST 40 YEARS;AND WHEREAS: PASTOR ARSELL BELL IS THE LOVING HUSBAND OF THE LATE GENEVA BELL, FOR NEARLY FIVE DECADES; AND WHEREAS. PASTOR ARSELL BELL IS THE DEVOTED FATHER OF NINE (9) CHILDREN, (40) GRANDCHILDREN, AND THE GREAT GRANDFATHER OF TWENTY. EVEN WITH THIS LARGE FAMILY, HE STILL HAS TIME TO NURTURE, AND LOVE HIS CONGREGATION; AND WHEREAS: DETERMINED TO LEAD HIS CONGREGATION IN THE RIGHT DIRECTION, PASTOR ARSELL BELL GOES BEYOND THE CALL OF DUTY EACH DAY TO PROVIDE HIS CONGREGATION WITH VISION, BECAUSE, ACCORDING TO THE BIBLE, "WI]ERE THERE IS NO VISION, THE PEOPLE WILL PERISH"; AND WHEREAS: BISHOP LEROY ANDERSON, BISHOP OF JURISDICTION 41 OF WNY APPOINTED PASTOR BELL SUPERINTENDENT OF DISTRICT #9. TMS DISTRICT INCLUDES EVERLASTING LIFE TEMPLE COGIC, 624 EAST DELEVAN AVENUE, GREATER NEW HOPE COGIC, 407 JEFFERSON AVENUE, AND MARANATHA COGIC, 1280 FILLMORE AVENUE; AND WHEREAS. PASTOR ARSELL BELL HAS PURCHASED NUMEROUS ABANDONED PROPERTIES IN TBE MASTEN DISTRICT AND HAS AND WILL CONTINUE TO RENOVATE THESE PARCELS ANR RENT THEM TO LOW-INCOME FAMILIES WHO MAY OTHERWISE HAVE NO PLACE TO LIVE; AND Page 55 03-0916.txt WHEREAS. PASTOR ARSELL BELL IS ALWAYS THERE FOR THOSE IN NEED, CONFORTING THEM IN TIMES OF SORROW (ESPECIALLY THOSE MOURNING THE DEATH OF A LOVED ONE), AND PROVIDING WISDOM, STRENGTH AND GUIDANCE TO THOSE WHO ARE MISGUIDED, HOPELESS, AND WEAK, AND WHEREAS: IN 200 1, AS A RESULT OF PASTOR BELL'S VISION, STATE TABERNACLE PURCHASED A 55-PASSENGER BUS, ENABLING THE CHURCH TO ATTEND OUT OF-STATE RELIGIOUS FUNCTIONS, INCLUDING THE NATIONAL ORATORY, MATH, AND SPELLING CONTESTS AND TO PROVIDE VAN SERVICE TO LOW INCOME COMMUNITY MEMBERS; AND WHEREAS.- IN HONOR OF PASTOR ARSELL BELL, THE State Tabernacle Church of God in Christ (C.O.G.I.C) HAS RESPECTFULLY REQUESTED THAT TIES HONORABLE BODY DESIGNATE THE SECTION OF GLENWOOD AVENUE BETWEEN MASTEN STREET AND JEFFERSON AVENUE IN HONOR OF PASTOR ARSELL BELL; Now Therefore Be It Resolved That: THE COMMON COUNCIL OF THE CIIT OFBUFFALO DOES HEREBYAPPROVE THE State Tabernacle Church of God In Christ (C. 0. G. L Q REQUEST TO RENAME THE SECTION OF GLENWOOD A VENUE BETWEEN MASTEN STRWETAND JEFFERSON A VENUE INHONOR OF PASTOR ARSELL BELL" REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS No. 172 BY: ANTOINE M. THOMPSON Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Amol Pachnanda TOTAL 1 ADOPTED no. 173 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, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Brenner, Jill Kamionka, Patricia L. Logan, Stacy L. Mischel, Janet D. Puleo, Geraldine Total 5 ADOPTED No. 174 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held Page 56 03-0916.txt in the Common Council Chambers, 13 1h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, September 23, 2003 at 9:30 o'clock A.M. Committee on Finance Tuesday, September 23, 2003 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, September 23, 2003 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, September 24, 2003 at 10:00 o'clock A.M. Committee on Education Wednesday, September 24, 2003 at 2:00 o'clock P.M. Special Committees Bi-National Bridge Thursday, September 18, 2003 at 2:00 o'clock P.M. in Room 1417 City Hall. Budget Thursday, September 18 & 25, 2003 at 10:00 o'clock A.M. in Room 1417 City Hall. Special Council Session Release of Year 29 Block Grant Friday, September 19, 2003 at 10:00 o'clock A.M. in the Council Chambers (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set 0 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. 175 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Grant the Council adjourned at 3:24 pm Page 57