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Home My WebLink About02-0528a 02-0528a.txt No.( 11) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO May 28, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula 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 02-0528a.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, MAY 28, 2002 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, Gray, LoTempio and Martino- 12. ABSENT - Thompson -1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on May 14, 2002 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 1 Grace McGroder 1009 Elmwood Ave. Sidewalk Cafe Item No. 49, C.C.P. 4/30/2002 Page 2 02-0528a.txt The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk CafE The applicant seeks place a 201x9l sidewalk caf6 encroach the right-of-way at 1009 Elmwood Avenue. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1.No outside music is allowed 2.No outside trash receptacles are allowed 3.Closing of the patio at 11 P.M 4.4' of unobstructed vertical sidewalk clearance remain after the installation of the railing RECEIVED AND FILED NO. 2 John DiBernardo 520 Elmwood Avenue. Sidewalk cafe expansion Item No. 107, C.C.P. 5/4/2002 The City Planning Board at its regular meeting held Tuesday, May 21, 2002, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. The applicant seeks to expand an existing sidewalk caf6 encroachment with a 161x6l addition that will wrap around the curved entrance onto Elmwood Avenue at the s.w. corner of W. Utica Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk cafe addition with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash receptacles RECEIVED AND FILED NO. 3 9274 Group, Inc. 2589 Bailey Ave. Accessory pole sign Item No. 106, C.C.P. 5/14/2002 The City Planning Board at its regular meeting held Tuesday, May 21, 2002, 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 61x101x181 pole "ID" sign at 2589 Bailey Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed 61x101x181 accessory pole sign conditioned on 61x6l landscaped raised bed with mature plantings be incorporated into and around the base of the sign. RECEIVED AND FILED NO. 4 South Ogden Associates 652 S. Ogden St. Accessory pole sign Item No. 104, C.C.P. 5/14/2002 The City Planning Board at its regular meeting held Page 3 02-0528a.txt Tuesday, May 21, 2002, 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 81x121x181 pole "ID" sign at 652 S. Ogden Street for tenant advertising. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed 8'xl2lxl8l accessory pole sign conditioned on plantings and landscaping at the base and that any requests for additional pylon signs to be incorporated into a one multi-tenant pole sign. RECEIVED AND FILED NO. 5 Urban Renewal Site Designation Seneca-Babcock Area Planning Board Approval The City Planning Board at its meeting of April 23, 2002 adopted the following resolution designating the Seneca-Babcock Area as appropriate for Urban Renewal Treatment. Mr. Burns offered the following resolution, seconded by Mr. Lyons, and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15 of the General Municipal Law of New York State, do this 23dr Day of April, 2002 adopt the following resolution: WHEREAS, the Division of Land Use Planning and Administration has recommended that all that tract of land situated in the City of Buffalo within the area generally bounded by the street centerline of Bailey Avenue on the east, the street centerline of Elk Street on the south, the rail road right-of-way of the CSX Rail Road (formerly the tracks of the New York Central RR) on the west, and the rail road right-of-way of the CSX Rail Road (formerly the tracks of the Western New York and Pennsylvania RR) on the north, be designated as a substandard, insanitary area which tends to impair and arrest the sound growth and development of the municipality, and be designated as being appropriate for urban renewal treatment; and WHEREAS, the designation of said area will allow for the systematic, long term, replanning, reinvestment, and redevelopment of the area; and WHEREAS, the designation of said area will provide improved living conditions for the residents of the area, and will provide new economic development and job opportunities to the community at large, and will aid in the stabilization of local real property values and local property tax rolls, and will provide a framework for public and private reinvestment within the area; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on April 23, 2002 at 8:30 a.m., at which hearing the proposed site designation was presented and explained in detail, and those desiring to be heard were heard, NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Designation of the above described Seneca-Babcock Area as being a substandard, insanitary area which tends to impair or arrest the sound growth and development of the municipality, as Page 4 02-0528a.txt defined in Subdivision 3 of Section 502, Article 15 of the New York State General Municipal Law, and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for urban renewal treatment; and BE IT FURTHER RESOLVED, that, the Director of Land Use Planning and Administration is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the designated Seneca-Babcock Area. AYES: Messrs. Burns, Berg, Lyons, Gioia, Morrell, Ms. Schwartz, Ms. Hoyt NOES: None ABSENT:None REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 BURA PURCHASE OF EIGHT CITY OWNED PROPERTIES 844,846,854,858,864,878 & 888 MAIN & PORTION OF 380 N. OAK STREET Item No. 15,C.C.P.May 14,2002 This correspondence is in response to the Finance Committee's concerns regarding the Buffalo Urban Renewal Agency's purchase of the above referenced city-owned properties. The Buffalo Urban Renewal Agency approved the purchase of these properties at the May 23, 2002 meeting. The Main Street properties will be land banked and marketed in conjunction with the Medical Corridor. The primary objective is to find and work with developers to rehabilitate the existing structures. The Barnes Company is proposing to develop 854,858 and 864 Main Street into retail/commercial/residential components. If it becomes obvious that these structures can not be restored, no decision will be made on demolition until the Preservation Board has reviewed and made recommendations since these proper-ties are in the Allentown Preservation District. We, therefore, recommend that Your Honorable Body approve the sale of the above referenced properties to the Buffalo Urban Renewal Agency. REFERRED TO THE COMMITTEE ON FINANCE NO. 7 Results of Negotiations for the Abandonment and Sale of the Dead End Portion of St. Joseph's Alley Lot Size: 20 x 103 Assessed Value: Not Assessed Item No. 94, C.C.P.2/5/02 Pursuant to Item No. 94, C. C. P. 2/5/02 Your Honorable Body authorized the abandonment and sale of the dead-end portion of St. Joseph's Alley to Mr. Keith Griffin of 69 Drexel, Buffalo, New York. Mr. Griffin would like to acquire the above captioned property for security purposes, to prevent illegal dumping and loitering. The request has been reviewed by the Dept. of Public Works, City Planning Board, Sewer Authority, Board of Education, Dept. of Inspections and Division of Collections. There are no objections to the sale. Page 5 02-0528a.txt An independent appraisal of the property was conducted by Richardson Bronstein of Bronstein Appraisals. He has estimated the value of the property to be Two Hundred Dollars ($200.00). The appraisal report has been reviewed by the Appraisal Review Board. They have found errors in the appraisal and have recommended an adjusted value of Eight Hundred Dollars ($800.00). Mr. Griffin has agreed and is prepared to pay Eight Hundred Dollars ($800.00) for said property. He has also agreed to pay for the cost of the appraisal, transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of the dead end portion of Warwick Avenue to Keith Griffin in the amount of Eight Hundred Dollars ($800.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 14, 2002, be received and filed; and That the offer from Keith Griffin, residing at 69 Drexel, in the sum of Eight Hundred Dollars ($800.00) for the purchase of the dead-end portion of St. Joseph's Alley, 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. 8 Results of Negotiations for the Abandonment and Sale of a Portion of 380 North Oak Street 86' x 150' The Office of Strategic Planning, Division of Real Estate has received a request from the Buffalo Urban Renewal Agency to acquire a parcel of land 86' x 150' on Ellicott Street behind the City of Buffalo Animal Shelter. The property is currently being used as a parking lot. The property will be land banked by the Buffalo Urban Renewal Agency and marketed in conjunction with the proposed residential development plan for the Flower District. An independent appraisal of the property was commissioned by the Buffalo Urban Renewal Agency. Mr. Gerald Schmitt of G.A.R. Associates, Inc. has estimated the value of the lot to be One Hundred Thousand Dollars ($100,000.00). The appraisal has been reviewed by the City of Buffalo Appraisal Review Board and concurs with the appraisers estimate of value. The Buffalo Urban Renewal Agency is offering One Hundred Thousand Dollars ($100,000.00) for the property and said offer is subject to final approval of the Agency and the Common Council. The Agency will provide the City with an easement for ingress and egress to the rear of the building from the parking lot. The Agency will pay for all closing costs Page 6 02-0528a.txt associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of a portion of 308 N. Oak Street, 56' x 150'to the Buffalo Urban Renewal Agency in the amount of One Hundred Thousand Dollars ($100,000.00) upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of tittle and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved. That the Executor Director of Strategic Planning be and be hereby is authorized to sell a portion of 308 N. Oak St. 86' x 150' to Buffalo Urban Renewal Agency in the amount of One Hundred Thousand Dollars ($100,000) and That the Corporation Counsel is authorized to prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. PASSED AYES 11 NOES 0 NO. 9 RESULTS OF NEGOTIATIONS 154 FRENCH, 191.46' W KEHR VACANT LOT: 30' X 135' ASSESSED VALUATION: $2,200 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 154 French Street from Mr. Terrence Parker, 152 French Street, Buffalo, New York 14211. Mr. Parker owns a two family house 152 French Street, which adjoins 154 French Street. He intends to use the property for additional yard space. The Division of Inspections and the Division of Collections have no objections to the sale. There are no property code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. David Martz, appraiser of Emminger, Hyatt, Newton & Pigeon Inc., 950 Union Road, Buffalo, New York 14224. He has estimated the value of the property to be Two Hundred Eighty-Four Dollars ($284.), which is Seven Cents (.07) per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Twenty-Four Cents (.24) to Forty Cents (.40) per square foot. The results of our negotiations are that Mr. Parker has agreed and is prepared to pay One Thousand Dollars ($1,000), Twenty-Four Cents (.24.) per square foot for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 154 French Street to Mr. Terrence Parker in the amount of One Thousand Dollars ($1,000). 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 May 22, 2002, be received and filed; and That the offer from Terrence Parker, residing at 152 French Street, in the sum of One Thousand Dollars ($1,000.00) for Page 7 02-0528a.txt the purchase of 154 French 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. 10 Results of Negotiations 371 Vermont, 30' NE Sixteenth Vacant Lot 30' x 116' Assessed Valuation: $3,400 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 371 Vermont Street from Mr. Wardell Pilgrom, 367 Vermont Street, Buffalo, New York 14213. Mr. Pilgrom owns a downtown row type house at 367 Vermont Street, which adjoins 371 Vermont Street. He intends to use the property for additional yard space. The Division of Inspections and the Division of Collections have no objections to the sale. There are no property code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Phillip Mazur, appraiser of Independent Appraisal Service, 3407 Delaware Avenue, Kenmore, New York 14217. He has estimated the value of the property to he one Hundred Dollars ($100), which is Two Cents (.02) per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Nineteen Cents (.19) to Thirty-One Cents (.31) per square foot. The results of our negotiations are that Mr. Pilgrom has agreed and is prepared to pay Nine Hundred Dollars ($900), Twenty-Five Cents (.25) per square foot for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 371 Vermont Street to Mr. Wardell Pilgrom in the amount of Nine Hundred Dollars ($900). 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 May 21, 2002, be received and filed; and That the offer from Wardell Pilgrom, residing at 367 Vermont Street, in the sum of Nine Hundred Dollars ($900.00) for the purchase of 371 Vermont 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 Page 8 02-0528a.txt 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. 11 Bethesda Full Gospel Church Request to Use City-Owned Lots 1245 Jefferson, 211' N Kingsley Lot Size: 30' x 140' 1247 Jefferson, 241' N Kingsley Lot Size: 31' x 140' 1249 Jefferson, 68.501 S Riley Lot Size: 30' x 125' The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Melvin Taylor, Jr. of Bethesda Full Gospel Church, 1365 Main Street, Buffalo, New York 14209 to use the City-owned vacant lots at 1245, 1247, and 1249 Jefferson Avenue.The purpose is to hold religious revival meetings and activities for the youth, which is open to the public beginning Sunday, July 14, 2002 through Friday, July 19, 2002. Bethesda Full Gospel Church has agreed to clean the lot before and after the event and has provided proof of liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which may result from their use of the property. I am recommending that Your Honorable Body approve the request of Bethesda Full Gospel Church to use 1245, 1247, and 1249 Jefferson Avenue upon the above terms and conditions. Mrs. LoTempio Moved. That the request of Bethesda Full Gospel Church to use 1245, 1247, and 1249 Jefferson Avenue is hereby approver, subject to the conditions as provided by the above communication PASSED AYES 11 NOES 0 NO. 12 Site Designation, Seneca-Babcock Area Preparation of an Urban Renewal Plan The Office of Strategic Planning's Division of Land Use Planning Administration has conducted a preliminary survey of existing conditions in the Seneca-Babcock Area and has found that conditions exist within. the area which tend to impair or arrest the sound growth and development of the City of Buffalo. We find that the Seneca-Babcock Area is currently burdened with deteriorating housing stock, a concentration of families living in poverty, and a concentration of vacant and underutilized properties, and spreading conditions of slums and blight. With the support and encouragement of Richard A. Fontana, Lovejoy District Council Member, the Division of Land Use Planning Administration is proposing to establish a long term, comprehensive renewal program for the redevelopment and revitalization of the Area, bounded by the street centerline of Bailey Avenue on the east, the street centerline of Elk Street on the south, the rail road right-of-way of the CSX Rail Road (formerly the tracks of the New York Central RR) on the west, and the rail road right-of-way of the CSX Rail Road (formerly the tracks of the Western New York and Pennsylvania RR) on the north. As a first step in undertaking such a program, I am Page 9 02-0528a.txt recommending that the Common Council approve the Designation of the Seneca-Babcock Area, pursuant to Section 504 of the General Municipal Law, as a substandard, unsanitary area which tends to impair or arrest the sound growth and development of the municipality, and that the Area be designated as appropriate for urban renewal treatment. The City Planning Board approved the proposed Site Designation at its meeting of April 23, 2002, after conducting a public hearing, and upon due notice, and recommended that the Site Designation be approved by your Honorable Body (Attached). It is respectfully requested that your Honorable act on the proposed Site Designation by scheduling a Public Hearing to be held at your Meeting June 11, 2002, and by the adoption of an appropriate authorizing resolution. Attached, please find a Map of the proposed Site Designation Area, a draft Resolution scheduling the requested Public Hearing, a draft Public Hearing Notice, and a draft Authorizing Resolution for your consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 Transfer of Funds Parkside Lodge Item No.60, C.C.P.(5/14/02 The above referenced item requests permission to transfer $65,000 from CDRG 22-50206 to Buildings Division Bond Account 30334106. This transfer was approved by the Buffalo Urban Renewal Agency on June 25, 1998, but for some reason was not sent to Your Honorable Body for approval. over the last few years more than a couple hundred thousand dollars in City Bonds were expended at the Parkside Lodge. This transfer will repay the City of Buffalo for a portion of this reconstruction project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 Transfer of Title, Urban Homestead Program 41 Sweeney Street City Owned Vacant Lot Size 3 0' x 130' The Office of Strategic Planning has surveyed the city-owned vacant lot at 41 Sweeney Street, Buffalo New York 14211, parcel is 30' x 130' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since September 27, 1995 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Mr. David Erni, residing at 47 Sweeney Street, indicated he will clean, improve and maintain the lot in the event he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city-owned vacant lot to be Page 10 02-0528a.txt designated as a Homestead Property and b transferred to Mr. Erni on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 Utility Easement Agreement Niagara Mohawk Power Corporation for Use of 84-86 Maryland The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corporation for use of city owned property located at 84-86 Maryland. They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A". Niagara Mohawk has indicated that the present electric line runs across the rear of the property. This will allow Niagara Mohawk to service 88 Maryland and 312 Busti from a new pole on Maryland Street. These two properties are presently served from an L Tap attached to 316 Busti, which is an unsafe condition. This office has contacted the Corporation Counsel's Office and they have indicated that they have no objections and/or conditions in reference to the attached proposed easement. The Department of Public Works was also contacted and they have indicated that as long as the pole placement is 21 from the face of curb and does not encroach in the sidewalk area they would have no objections. 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 Common Council does hereby approve the utility easement agreement for 84-86 Maryland, subject to the conditions as provided in the above communication and that the Mayor be authorized to execute the same. PASSED AYES -11 NOES 0 FROM THE PRESIDENT OF THE COUNCIL No. 16 WATERFRONT REDEVELOPMENT PROJECT NYR-35 EASEMENT FOR BOAT DOCKS ADJACENT TO 50 WATERFRONT CIRCLE Attached for your approval is an easement between the City of Buffalo and the Buffalo Urban Renewal Agency and an easement between the Buffalo Urban Renewal Agency and 50 Waterfront Circle, LLC. 50 Waterfront Circle is desirous of obtaining an easement over an adequate portion of the Erie Basin Marina immediately adjacent to the five (5) unit townhouse project completed in September 2001, for the purpose of installing six (6) boat blips for residents of the said project. Your Honorable Body sent the above request to the Waterfront Committee for review and comment at the April 30, 2002 meeting. The committee met last week and had the Page 11 02-0528a.txt following, issues/concerns: ? The committee requested that the term of the easement. between the City of Buffalo and BURA be limited to a ten (10) year period. Attached is a revised easement with a ten year limitation" ? The committee expressed a concern over the waterward extension (overall length) of the proposed dock system and its' stability under wind and surge conditions. According to the Corp. of Engineers, the 120' length of t1ae dock system is required to enable the boat closest to the existl4g seawall to be able to back out and turn into the wind since the prevailing winds are from the southwest making it difficult for a sailboat to turn in less space. 50 Waterfront Circle is leaving room for removal of debris which is typically deposited along the seawall within the basin. Attached is the evaluation from the Corp. of Engineers supporting the 120' length. We, therefore, recommend that Your Honorable Body adopt the attached. Resolution authorizing the easement to the City of Buffalo Urban Renewal Agency and the Easement to Waterfront Circle, LLC. Mrs. LoTempio Moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 20, 2002, be received and filed; and That the Mayor of the City of Buffalo be, and he hereby is authorized to grant a non-exclusive assignable easement for the construction of not to exceed six (6) boat docks to the City of Buffalo Urban Renewal Agency, subject to the riparian rights of owners of the uplands bordering the premises and to rights of the public to use the waters of the Erie Basin. Passed AYES - 11 - NOES - 0 No. 17 Concerns Nightclub/Bar Touch of Class 134 Dewey Ave. As per our previous discussion in regards to the Nightclub/Bar Touch of Class located at 134 Dewey Ave. Buffalo, NY. Here is my written statement/ complaint on said establishment. On April 6, 2002, several of my friends and I visited this establishment. From the moment I arrived and approached the front door I knew something was illegitimate about it. We had to ring a doorbell and after a while we had to bang on the door just to be granted entrance. Finally we were allowed entrance only to be patted down by the d0orman. I had my N.Y.S. License identification ready to present. When I went to show the doorman I was to that I looked over 21 so it's okay. My curiosity was peeked even the more. As the night went on and time went by I went to the bar to order a drink. I made it my business to make conversation with some of the people there. I ordered Rum and Coke and the person next to me ordered the same. As the bartender prepared the drinks I asked the young man next to me his age. He replied "16" I immediately asked what was he doing here and how did he get in. The young man's response floored me. He said, " I paid my $5 and got in." I have a serious problem with that! When our drinks were served I gathered my drink and reported that same information to the company I was with. They were not shocked at all. They said Page 12 02-0528a.txt to me. "He's not the only one in here that's under age. Julie doesn't care about that; all she cares about is the money." Later I found that Julie is the owner of the bar. I wasn't happy and therefore ready to go. Because I wasn't driving I couldn't leave as early as I thought I could so I had to stay around until my ride was ready. The night got worse and worse. I went into the bathroom and witnessed the purchase of marijuana, then into the stall and saw sexual acts being performed. These people looked younger than I and I'm twenty-four. What topped it off was the fact that the bouncer or whatever you want to call him, was standing right there in the doorway. How could he not see this??? I over heard him saying it has nothing to do with him. People are trying to use the bathroom. That was enough for me. I went back to my party and demanded that we leave. On the way from this God forsaken place my friends and I were discussing the evening and I explained to them what I saw and what took place. It didn't surprise me when they replied, "Oh you didn't know" In other words this is something that happens all the time, it was just my first time seeing it. I had the driver pull over and I immediately called 911 and reported all that I'd seen. I write for I am concerned. I Eve in this community and I am very active in this community. I am the Artistic Director of Dance for the Aftican-American Cultural Center and I live at 472 Leroy Ave., which is right up the street form this condemned building. I pay taxes, a law-abiding citizen and try to live my life by the Golden Rule. Never have I seen such filth in my life. This is absolutely outrageous and I am absolutely disgusted with took place on that night. Furthermore, I am concerned because there are teenagers in that bar that are being served alcohol and should not be there. What makes it even worse is that the owner that is Julie, knows exactly what's going on and she is continuously allowing it to take place. I have a serious problem with that. How is she contributing to the development of our Afro-American youth? She's not. If this has been going on before I visited this place and they are still open, that means it's still going on. It needs to be stopped. This place needs to be closed down for numerous reasons. We should not have arenas in our community, which are allowing these types of actions to happen in public. We should not allow our community to allow this type of despicable behavior. My question for you is; what are you going to do? Now that you know what is going on here. What are you going to do? I hope I haven't made this complaint in vain. For me, I'll tell you what I'm going to do. I'm going to solicit churches, community leaders, action 7 and every person I know to get involved simply because I don't appreciate what I saw and I know my parents would appreciate it either. I will fight for the closing of this venue until it is closed and guarantee that it is not re-opened. Thank you for you time, consideration and your expeditious response to this matter. I hope you digest everything that I've explained and relate it to your own teenagers, children and community wherever that may be. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL,COMMISSIONER OF POLICE AND THE STATE LIQUOR AUTHORITY FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS Page 13 02-0528a.txt NO. 18 Certificate of Appointment Appointment Effective: April 29, 2002 in the Department of MIS to the Position of Coordinator of Office Automation Provisional Appointment Maximum Starting Salary of: $39,167 MARY IBARTOLOTTA 52 KIMBERLY BUFFALO, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 NOTIFICATION SERIAL 9400 REPEAL NO PARKING OIL BRIDGEMAN STREET. WEST SIDE BETWEEN CHANDLER STREET AND GROTE STREET No PARKING - REPEAL 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 Supplemlenting. 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 that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing, therefrom the following NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PFRIOD Bridgeman Street west side between ANYTIME Chandler Street and a point 140' south therefrom This action is being taken in order to provide additional on-street parking for residents on Bridgeman Street. NOTIFICATION SERIAL #9401 REPEAL NO PARKING ON BRIDGEMAN STREET. EAST SIDE BETWEEN CHANDLER STREET AND GROTE STREET No PARKING - REPEAL 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 Supplemlenting. 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 that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing, therefrom the following NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PFRIOD Bridgeman Street east side between 8am-5pm Chandler Street and a point 140' south except Saturday Therefrom& Sunday This action is being taken in order to provide additional on-street parking for residents on Bridgeman Street. NOTIFICATION SERIAL #9402 Page 14 02-0528a.txt PARKING METERS - REPEAT ON WEST MOHAWK STREET, NORTH SIDE BETWEEN DELAWARE AVENUE AND SOUTH EMWOOD AVENUE PARKING METERS - REPEAL 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 that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY West Mohawk Street, north sidebetween Delaware Avenue and South Elmwood Avenue This action is being taken at the request of Immigration and Naturalization Services to insure a clear street front adjacent to the Immigration Building at 130 Delaware Avenue. (See next 4 serials) NOTIFICATION SERIAL #9403 PERMISSIVE PARKING - REPEAL ON WEST MOHAWK STREET, NORTH SIDE BETWEEN DELAWARE AVENUE AND SOUTH ELMWOOD AVENUE PERMISSIVE PARKING - REPEAL 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 that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING DAILY West Mohawk Street, north side2 hour parking between Delaware Avenue and 7 a.m. to 7 p.m. South Elmwood AvenueExcept Sunday This action is being taken at the request of Immigration and Naturalization Services to insure a clear street front adjacent to the Immigration Building at 130 Delaware Avenue. (See previous I and next 3 serials) NOTIFICATION SERIAL #9404 INSTALL NO STANDING ON WEST MOHAWK STREET, NORTH SIDE BETWEEN DELAWARE AVENUE AND A POINT 217 FEET WEST 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 that part of Subdivision 22 Section 15 of Chapter 479 of Page 15 02-0528a.txt Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD West Mohawk Street, north sideAt all times between Delaware Avenue and a point 217 feet west therefrom This action is being taken at the request of Immigration and Naturalization Services to insure a clear street front adjacent to the Immigration Building at 130 Delaware Avenue. (See previous 2 and next 2 serials) NOTIFICATION SERIAL #9405 INSTALL PERMISSIVE PARKING ON WEST MOHAWK STREET, NORTH SIDE BETWEEN SOUTH ELMWOOD AVENUE AND A POINT 164 FEET EAST THEREFROM PERMISSIVE PARKING - 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 that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIB PERIOD - DAILY West Mohawk Street, north side 2 hour parking between South Elmwood Avenue and 7 a.m. to 7 p.m. a point 164 feet east therefromExcept Sunday This action is being taken at the request of Immigration and Naturalization Services to insure a clear street front adjacent to the Immigration Building at 130 Delaware Avenue. (See previous 3 and next I serials) NOTIFICATION SERIAL #9406 PARKING METERS - INSTALL ON WEST MOHAWK STREET, NORTH SIDE BETWEEN SOUTH ELMWOOD AVENUE AND A POINT 135 FEET EAST THEREFROM PARKING METERS - 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 that part of' Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplernented by adding thereto the following: PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY West Mohawk Street, north sidebetween South Elmwood Avenue and a point 135 feet east therefrom This action is being taken at the request of Immigration and Naturalization Services to insure a clear street front adjacent to the Immigration Building at 130 Delaware Avenue. (See Page 16 02-0528a.txt previous 4 serials) RECEIVED AND FILED NO. 20 GREEN ENERGY - BROADWAY MARKET ITEM #129 C.C.P. 2/5/02 The referenced item was sent to this department for investigation. Our Principal Engineer, and Electrical Engineer looked into the possibility of installing a wind energy system at the Broadway Market. They also contacted the New York State Energy Research and Development Agency (NYSERDA) for their input and to discuss possible funding. The Broadway Market is not a good candidate for wind energy because it lacks the necessary space requirements for a wind turbine project. The size of the towers of a typical wind turbine is 100- 120 feet high with a 20~ x 20' footprint needed for the base. A minimum of one acre of open space is also needed. The open space is needed to prevent property damage or injury, should the tower fall. We will continue to look at alternative energy sources for the Market and other City buildings, along with economical uses for wind power. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 21 REPORT OF EMERGENCY BIDS JOHNNY B. WILEY ATHLETIC COMPLEX REROOFING We have received bids to reconstruct the Johnny B. Wiley Roof that was damaged by high winds. The following bids were received: Grove Roofing Co., Inc.$36,337.00 157 Reading, Bflo, NY 14220 Weaver Metal & Roofing$44,545.00 40 Appenheimer, Bflo, NY 14214 Progressive Roofing$44,800.00 325 Grote, Bflo, NY 14207 Jos. A. Sanders & Sons$44,995.00 99-117 Lathrop, Bflo, NY 14212 Because the building interior is vulnerable to the elements, I have declared an emergency. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Co., Inc. in the amount of Thirty Six Thousand Three Hundred Thirty Seven and 00/100 Dollars ($36,337.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 35320306 445100 Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 13, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Johnny B. Wiley Athletic Complex, to Grove Roofing Co., Inc. the lowest responsible bidder, in the amount of $3 6,3 3 7. 00. Funds for the project are available in CPF 35320306 445 100 - Buildings. PASSED Page 17 02-0528a.txt AYES - 11 NOES - 0 NO. 22 EMERGENCY BID BROADWAY GARAGE CONCRETE DEBRIS NETTING The Department of Public Works, Parks & Streets has received bids to install expanded metal grating under the first floor ceiling at the Broadway Garage. Spalling concrete has created an unsafe condition at the facility that the debris netting will resolve. Three (3) bids were solicited and the following were received: Dove Technology$21,350.00 10 Roberts Rd, Bflo, NY Landmark Construction$22,000.00 203 Fillmore, Tonawanda, NY Contour ErectionNo Bid Because of the potential for injury, I have declared an emergency and have awarded the contract to Dove Technology. Funds for this work are available in Building Capital Account 36036206. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Garage, to Dove Technology the lowest responsible bidder, in the amount of $21,350.00. Funds for the project are available in Building Capital Account 36036206. PASSED AYES - 11 NOES - 0 NO. 23 EMERGENCY BID BROADWAY GARAGE FLOOR DRAINS The Department of Public Works, Parks & Streets has received bids to install floor drains and associated piping in the vehicle storage area at the Broadway Garage. Ponding water in this area is creating an unsafe condition at the facility that the floor drains will alleviate. The following bids were received: Matthew Kandefer, Inc.$ 59,995.00 2215 Broadway, Bf1o, NY W. C. Roberson$ 67,330.00 602 E. Delavan, Bflo, NY C & L Plumbing$ 77,700.00 70 Sheldon, Depew, NY John W. Danforth Co.$ 95,957.00 1940 Fillmore Ave., Bf1o, NY Kandey Co.$105,000.00 19 Ransier, West Seneca, NY Because of the potential for injury, I have declared an emergency and have awarded the contract to Matthew Kandefer, Inc. Funds for this work are available in Buildings Capital Account36036206. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2002, be received and filed, and Page 18 02-0528a.txt That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Garage Floor Drains, to Matthew Kandefer, Inc., the lowest responsible bidder, in the amount of $59,995.00. Funds for the project are available in Buildings Capital Account 36036206. PASSED AYES - 11 NOES - 0 NO. 24 BROADWAY GARAGE VACUUM GENERATOR & CONDENSATE UNIT The Department of Public Works, Parks & Streets has received bids to replace the vacuum generator and condensate unit at the Broadway Garage. The existing units have failed and need to be replaced. Bids were received from: Colgate Heating Corp.$28,400.00 142 Colgate Ave., Bflo, NY Nicholson & Hall Corp.$32,700.00 41 Columbia St., Elflo, NY Fred's Welding$32,979.00 14 Louisen St., Bf1o, NY M J Mechanical Svcs$33,321.00 2040 Military Rd., Tonawanda, NY Permission is hereby requested from Your Honorable Body to enter into a contract with Colgate Heating Corp. Funds for this work are available in Buildings Capital Account 36036206. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Garage Vacuum Generator & Condensate Unit, to Colgate Heating Corp., the lowest responsible bidder, in the amount of $28,400.00. Funds for the project are available in Buildings Capital Account 36-036206. PASSED AYES - 11 NOES - 0 Mrs. Martino took her seat at 2:10 pm NO. 25 2008 GENESEE STREET HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. Robert Sartini, architect, acting as agent for HSBC Bank, located at 2008 Genesee Street, applicant, has requested permission to install a handicap ramp which would encroach City right of way at said address. The proposed handicap ramp would measure 18 feet in length and project a maximum of 4 feet from the building face into City right of way. The ramp would be located on the north sidewalk of Genesee Street adjacent to the south building face of the existing bank at said address. Approximately five feet of unobstructed public sidewalk would remain after installation. The Department of Public Works, Parks and Streets has reviewed Mr. Sartini's request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the commissioner to issue a "Mere License" for said installation Page 19 02-0528a.txt provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation, 2. That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant be responsible for maintenance of said ramp as long as it remains within City right of way. 5. That the applicant supply the Department of Public Works, Parks & Streets with a $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 or damage arising out of the construction, maintenance, use and removal of said ramp. Mrs. LoTempio moved: That the above communication from the Department of Public Works, Parks and Streets dated May 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Robert Sartini, architect, acting as agent for IISBC Bank, located at 2008 Genesee Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the conditions as listed above. PASSED AYES - 12 NOES - 0 NO. 26 ELMWOOD AVENUE AT WEST UTICA STREET, PROPOSED BUS SHELTER ITEM NO. 163, C.C.P. 10/06/98 Mr. Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter at the southwest comer of Elmwood Avenue and West Utica Street. The NFTA applied I o install a bus shelter at this location in August, 1998 (CCP#163 of 10/06/98) but was denied permission due to concern,,; of abutting property owners. The proposed location of the bus shelter has been changed in order to address those concern.,; and the NFTA wishes to reapply to install at this time. 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 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 installation. 2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintaining the bus shelter as long as they remain within City right of way. 4. That the applicant supply the Department of Public Works, Parks & Streets with a $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 or damage arising out of the construction, maintenance, use and removal of said bus shelter. Page 20 02-0528a.txt REFERRED TO THE COMMITTEE ON LEGISLATION COMMON COUNCIL NO. 27 3 8 SWAN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Pat McGinty and Mr. John Nostrant, owners of Pat McGinty's Bar, located at 38 Swan Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address, The proposed cafe would measure 22 feet in length and project 5 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 pen-nits 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 22 feet in length or extend more than 5 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. 28 BUFFALO PARKS DEPARTMENT SPRING-SUMMER STAFFING/RESPONSIBILITIES 2002 Attached please find the information your honorable body requested from the Parks Department at the budget hearing on May 8, 2002. The information includes: 1. An overview as to where the employees are assigned during the Spring & Summer months. 2. A breakdown by Park/District describing responsibilities. 3)A yearly overview as to how the employees are assigned during the year. REFERRED TO THE STREETS SERVICES COMMISSION FROM THE COMMISSIONER OF POLICE NO. 29 Page 21 02-0528a.txt "USE OF 3300 BAILEY AVE- SATELLITE COP STATION/STS. SAFETY BLDG." ITEM # 16 1, C.C.P. MARCH 19, 2002 I have reviewed Mrs. Grant's resolution requesting the use of 3300 Bailey Ave. as a C.O.P.S. Satellite. In response, my recommendations are as follows: The Buffalo Police Department currently supports six satellites that are located in strategic locations across the city. One of these Satellites is located in University Heights at the Gloria Parks Community Center (3242 Main Street). This C.O.P.S. station already serves the Bailey Ave. community and is in fact very close to 3300 Bailey Avenue. The Buffalo Police Department has been very much involved and supportive of both F.A.T.H.E.R.S. and MAD DADS and sees no problem with involving both groups with the Bailey Ave. Community and the BPD; However, it may not be fiscally responsible for the City to allow a City owned building (3300 Bailey) to be used for a duplication of services already in place (Gloria Parks). The Police Department is more than willing to discuss with Mrs. Grant how logistically we can involve both of the above groups with Gloria Parks and the Bailey Ave. Community but does not believe a C.O.P.S. station should be located at 3300 Bailey Avenue. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 30 DIFF IN PAY TIMOTHY SASIADEK Timothy Sasiadek, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department was injured from March 1, 2002 to March 25, 2002. He is owed a difference in pay between Worker's Compensation (Allied Claim Service) and the City of Buffalo for the amount of $681.78. (see attached table) Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated May 17, 2002 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Timothy Sasiadek, Motor Equipment Mechanic in the Department of Fire in the amount of $681.78 for difference in pay allowance under the provisions of the Workers' Compensation Law from 3/l/02 to 3/25/02. PASSED AYES - 12 NOES - 0 NO. 31 REQUEST BOARD UP 182 GARNER I am requesting board up of the following. - 182 Garner Avenue - Rear door/ upper windows, building is structurally sound Thank you. REFERRED TO~THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 32 Per your request, attached are: 1.City map with fire house locations 2.Baseline Truck study 3.Ladder 5 flame study 4.Ladder 5 study with response times and travel distance first in response 5.Ladder 5 second in response Page 22 02-0528a.txt 6.Ladder 5 third in response 7.Ladder 12 flame study 8.Ladder 12 first in response 9.Ladder 12 second in response 10. Baseline Engine study 11. Engine flame study with Engine16 & Engine 22 closed 12.Engine 22 study first in response 13. Engine 22 second in response 14. Engine 22 third in response 15. Engine 16 first in response 16. Engine 23 flame study 17. Engine 23 first in response 18. Run totals for 2001 & 2002 REFERRED TO THE COUNCIL PRESIDENT FROM THE CORPORATION COUNSEL NO. 33 BRACO-I - REFUND OF EXCESS REAL PROPERTY TAXES 2001-02 On November 30, 1977, a contract was executed by the City of Buffalo and BRACO-1, limiting BRACO-I's real property tax liability as to certain properties, pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. This contract places a real property tax ceiling of $45,599 as to City and County taxes exempts combined, and exempt the real property from any further similar tax for the period of forty years, beginning December 30, 1976. Consequently, if in any one fiscal year the combined City and County real property tax exceeds $45,599, the taxpayer is entitled to a refund of the excess. This refund is apportioned between the City and County, according to the tax rates prevailing at the time. The parcels subject to the contract are 210 Allen, 359-375 Busti, 279 Niagara, 231 West, 87 Whitney, 346-350 Franklin, 352-354 Franklin, 922-928 Main and 74-78 Grant. The present application covers the 2001-02 tax year and is as follows.- 2001-02 City Tax$58,297.82 2002 County Tax$7,781.58 Total tax paid$66,079.40 Less combined ceiling$45,599.00 Overpayment$20,480.50 City's share: .882 x $20,480.40 = $18,063.71 I therefore request that the Comptroller be authorized to refund to BRACO-I a total of $18,063.71 for excess property taxes paid on 210 Allen, 359-375 Busti, 279 Niagara, 231 West, 87 Whitney, 346-350 Franklin, 352-354 Franklin, 922-928 Main and 74-78 Grant for the 2001-02 fiscal city tax year. Mrs. LoTempio moved: That the above communication from the Department of Law dated May 23, 2002, be received and filed; and That the Comptroller be, and he hereby is authorized to refund to BRACO-I a total of $18,063.71 for excess property taxes paid on 210 Allen, 359-375 Busti, 279 Niagara, 231 West, 87 Whitney, 346-350 Franklin, 352-354 Franklin, 922-928 Main and 74 -78 Grant for the 2001-02 fiscal city tax year. PASSED AYES - 12 NOES - 0 NO. 34 Page 23 02-0528a.txt REFUND OF EXCESS TAXES WATERGATE 11 APARTMENTS 2001-02 Watergate 11 Apartments was granted a limited tax exemption by Your Honorable Body in Item No. 74, C.C.P., December 28, 1971. Pursuant thereto, an agreement was executed between the City of Buffalo and Watergate 11 Apartments providing the taxpayer with an exemption from the payment of all real estate taxes (except for local improvements) to the extent they exceed $35,200 per year. The taxpayer has submitted proof to this office of payment of taxes in excess of $35,200 for the 2001-02 fiscal year. Accordingly, Watergate 11 Apartments is entitled to a refund of such excess amount: 2001-02 City tax paid:$45,894.10 2002 County tax paid:6,125.95 Total tax paid:$52,020.05 Cap:$35,200.00 Excess tax paid:$16,820.05 City of Buffalo Share: .882 x 16,820.05$14,835.28 It is hereby requested that the Comptroller be authorized to issue a check in the amount of $14,835.28 payable to Watergate 11 Apartments, representing the City of Buffalo's share of refund of tax over-payments for fiscal year 2001-02. Mrs. LoTempio moved: That the above communication from the Department of Law dated May 23, 2002, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a check in the amount of $14,835.28 payable to Watergate 11 Apartments, representing the City of Buffalo's share of refund of tax over-payments for fiscal year 2001-02. PASSED AYES - 12 NOES - 0 NO. 35 AMENDED CERTIFICATE OF APPOINTMENT CHANGE OF STATUS Appointment Effective March 12, 2002 in the Department of Law to the Position of Assistant Corporation Counsel II, Permanent Appointment at the flat Starting Salary of: $ 59,541 Change of Status from Temporary to Permanent Step 3 Joy C. Trotter, 601 Lafayette Avenue, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 36 SECOND HAND DEALER 1315 BAILEY 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 1315 Bailey and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand 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. Page 24 02-0528a.txt I have caused and investigation by the Policc Department into the moral character of Mary Bundy. The attached thereto for Mary Bundy d/b/a Hurricane Dic Cast & Collectibles. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 SECOND HAND DEALER 289 TACOMA 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 289 Tacoma and rind that as to form it is correct. I ha-, caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Edith Dufrane. The attached thereto for Edith Dufrane d/b/a Off Hertel This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 USED CAR DEALER 1275 BAILEY 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 1275 Bailey and rind that as to form it is correct. I have cause, 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 rind i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Anthony Laboy. The attached thereto for Anthony Laboy d/b/a Expressway Anti Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 USED CAR DEALER 227 FILLMORE 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 227 Fillmore and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought am according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Stephen kirJanow. The attached thereto for Stephen KirJanow d/b/a Adamsk Wholesale. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 Page 25 02-0528a.txt USED CAR DEALER 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 1131 Jefferson and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind i complies; with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character or David Thuman. The attached thereto for David Thuman d/b/a thuman's Garage. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio Moved That the Commissioner of Permits and Inspection Services be and he hereby is authorized to issue a Used Car Dealer license to David Thurman d/b/a Thurman's Garage at 1131 Jefferson PASSED AYES 12 NOES ~11 FROM THE COMMISSIONER OF HUMAN RESOURCES No. 41 EAP Coordinator Attached is a copy of the City of Buffalo Mayor's Recommended Budget 2002-2003 for the Division c Personnel (originally entitled "Employment & Training"), in the Department of Human Resources. Under account number 12557006 432002 MEDICAL SERVICES, $22,211.00 is the recommended appropriation for the City of Buffalo's portion of monies paid to Sharon Bardo, for her services a, EAP Coordinator for unit members of AFSCME, Local 264. Ms. Bardo's salary is based on the number of cases she handles during the course of the fiscal year. If you have any additional questions, please feel free to contact Margherita Fanti, Director of Personnel, at 851-5912. RECEIVED AND FILED FROM THE BOARD OF EDUCATION NO. 42 "Expanding Jt. Sch. Const. Bd. To Increase Comm. Involvement Item #131 CCP 2/5/02 Item #131 CCP 2/5/02 "Expanding Jt. Sch. Const. Bd. To Increase Comm. Involvement The resolution from Betty Grant has been forwarded to Doug Francis, Executive Director of the Joint Schools Construction Board for a response. REFERRED TO THE COMMITTEE ON EDUCATION NO. 43 "M. Pryor-Req. Assistance-Participation in A. Sch. Const. Project-COB" "M. Martino-Belvedere Choute Lorraine Block Club-Opp. Removal-Green Space-Lorraine" Item #88, C.C.P. May 14,2002, "M. Pryor-Req.- Assistance- Participation in Jt. Sch. Const. Project-COB". Page 26 02-0528a.txt The letter from Malcolm D. Pryor has been forwarded to Doug Francis, Executive Director of the Joint Schools Construction Board. Item #96, C.C.P. May 14, 2002, "M. Martino-Belvedere Choate Lorraine Block Club-Opp. Removal-Green Space-Lorraine Academy". See attached letter from Mark J.F. Schroeder, Erie County Legislator; 2d District.. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE CITY CLERK No. 44 Minutes of the Board of Ethics Attached please find the minutes of the March 19, 2002 Board of Ethics meeting. RECEIVED AND FILED NO. 45 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Eric County Alcohol Beverage Control Board. Address Business Name Owner's Name 1098 Elmwood Ave Saigon Caf‚ Tai Truong & Mnh Le 572 Busti Avia Mc Entertainment Mc Entertainment RECEIVED AND FILED No. 46 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: Public Works, Streets & Parks- Donna Mihalics Police- Patricia Mann Permit and Inspection Services- Pasquale LoPatriello RECEIVED AND FILED. No. 47 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. No. 48 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. Appointment Effective: May 16,2002 in the Department of Public Works, Parks Streets Division of Parks to the Position of Fee Collector Seasonal, Appointment at the Flat Starting Salary of $5.15Starting Salary of:$5.L Sam Mangione 275 Saranac Ave. Buffalo, NY 14216 Certificate of Appointment Appointment Effective: May 15, 2,0102 in the Department of Page 27 02-0528a.txt Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $8.15 Marlino Gress 45 Saratoga Street Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 49 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: 05/01/2002 in the Department of: Administration & Finance Division of: Inventory & Stores to the Position of: Laborer II Permanent Non-Competitive at the: Minimum Starting Salary of: $24,336 Stephen Pugliese 68 Cunard Road Buffalo NY 14216 Appointment Effective: May 13, 2002 in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary Appointment at the Flat Starting Salary of $6.00 Elizabeth Bocchino 1587 Amherst Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AN REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 50 COMMENT REAPPORATIONMENT We echo and support the multitude of Buffalo citizens and taxpayer's opinions voiced in private conversations, public hearings, talk radio, newspaper editorial reader views, etc. That overwhelming opinion is that due to the enormous drop in population from approximately 600,000 to the current level of 293,000 (and declining at the rate of 300 per month), the size and composition of the Common Council is in need of drastic overhauling! Pick up your local newspaper or watch TV News, about what business and industry does before they decide to leave our area. They reorganize, merge, consolidate and downsize. I ask, " What is the City of Buffalo's Common Council doing to insure Buffalo's survival? In your newsletter you state the Common Council has determined that significant revisions should be made to make City government more effective cost wise, and more accountable to the people of Buffalo." We are extremely disappointed in the Buffalo Charter Revision Committee, which after listening to a majority of resident's public hearing opinions that stated the size and composition of our Common Council and its supporting staff is in dire need of streamlining, proceeded to recommend a "NO CHANGE" rubber stamp to Buffalo's bloated, sacred cow, form of government. Visits to nearby cities provided interesting comparisons of Common Councils.. Buffalo's Council compared with other Upstate cities revealed: The total cost of Buffalo's Council is FOUR times the per capita cost of both Syracuse and Rochester and TWO-AND-ONE-HALF times the cost in Albany despite the Page 28 02-0528a.txt fact that Buffalo is the most economically challenged of all four. Due to population declines and weak financial forecasts, we recommend: 1. Elimination of the three Council Members-At-Large. We simply cannot afford this excess of representation. 2. Elimination of the elected Council President. This off-ice is a needless expensive luxury when similar duties around the country are handled in the following ways: a. The remaining district council members elect a presiding officer from their group or on a rotating basis where each member holds that position for a predetermined period of time. b. The mayor presides over the Council. To mention just a few places where this is true: San Antonio, Texas, which has a city population of over 1.3 million people, the mayor is the presiding officer. Also, listen to another fact that might just knock your socks off .. San Antonio's mayor is paid a weekly salary of $50. Yes ... fifty dollars! He presides over a ten-member council who, for determining policy, writing local legislation and approving budgets, earns $20 per week. In Spokane, Washington (city population: 385,000) the mayor also presides over the Council. 3. Staff sizes should be reduced accordingly with our proposed Council member's elimination plan. In conclusion, logic dictates that too many Council members and staff over represent us. The Buffalo Common Council must consider drafting a proposal that dissolves the 73 year-old city charter and advocates moving toward a City County government consolidation leading to -Metro Government. I leave you with this question: Why does this area need both 15 County Legislators ana'15 City Council members? Why a mayor and County Executive? Why a County Comptroller and City Comptroller, etc. etc. etc. Let's end this wasteful and costly duplication of services! Not only would cutting half of these positions save citizens and taxpayers millions of dollars, but it would mean less butting of heads and encourage smoother, faster and more efficient government. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT No. 51 G. Arthur REDISTRICTING RECOMMENDATIONS Members of the Commission George K. Arthur, Chair Laura M. Gang Andres Garcia Mark Longo Jeffrey Mannillo Frank Mesiah Jessie Schnell Dr. Henry Taylor Jennifer Washington The Commission's Charge At each decennial census, the City of Buffalo must reapportion their elective districts and make recommendations concerning the number of districts and at-large seats. A citizen's advisory commission was appointed by the Mayor and the Common Council to make Such recommendations to the Common Council. The Commission members are city residents with diverse racial, political, ethnic, professional, generational, and social backgrounds. The City of Buffalo Charter requires that Council district Page 29 02-0528a.txt boundaries meet four main criteria: 1. The population of each district shall be approximately equal; 2. Districts shall be compact, and the variation between the length and width of a district shall be minimized; 3. All sections of a district shall be contiguous or physically connected; 4. Identifiable communities of interest, including neighborhoods, and communities with established social, racial, ethnic, or other ties, shall be preserved. The Committee was provided technical assistance by a GIS map maker and statistician, who assisted in studying existing districts, population gain and losses throughout tile City, racial and ethnic populations and changes throughout the community, and other relevant factors. Four public hearings were held to get input from the public in regards to reapportionment. The most common sentiments we heard from the community attending meetings were: Reduce the size of the council; Keep neighborhoods and "communities of interest: together; Keep districts intact Recreate council districts to mirror police districts Eliminate at-large seats; Maintain at-large seats; Avoid political considerations; Avoid racial segregation. Committee meetings were held weekly (and each was open to the public). The Commission members brought these thoughts to each meeting with the interest of neighborhoods at the forefront of discussions. Initial meetings were spent educating Committee members as to the racial and ethnic density of the City of Buffalo, as well as studying re-apportionment plans submitted by various interest groups. Using this information, the various expertise of Committee members, and taking into account the wishes of the community expressed at the public hearings, the Committee made the following recommendations: 1. Reduce the number of Common Council Districts from nine to eight. The City of Buffalo has lost a significant amount of population in the past ten years. Keeping nine districts means that each Council Person would represent fewer people than they currently do, and far fewer than they have historically represented. However, district Council Persons play a critical role in the life of communities, and so drastic reductions in the overall number of district Council Persons was rejected. The Committee believes that strong district council leaders are more knowledgeable about the needs of individual communities than are the Mayor's office or at-large representatives. If the City is to revive, neighborhood regeneration will be a significant component of that revitalization, the neighborhood needs and interests must be full represented. Reducing the number of seats by one allows each council district to contain the same number of people that each one does now, ensuring that neighborhood needs do not get lost in City government. 2.Reduce At-large representation from four (including the Council President) to three. At-large representation is important to the functioning of the Council as it allows some representatives who are able Page 30 02-0528a.txt to keep in mind the big picture and look at how individual neighborhood needs, goals, and aspirations fit into a positive future for the entire community. However, in light of community wishes, eliminating one at-large seat then the proposed size of the Council is a way to further reduce overall council numbers without completely sacrificing at-large seats or losing too much neighborhood representation. 3.Retain the Council President. In such a small community, the Council President provides a political foil, ensuring a balance of power and forcing the executive branch to justify actions. 4.Change the District Boundaries as per the enclosed map. The Commission rejected voting to "eliminate" one particular district. Instead, our GIS support staff was instructed to draw eight completely new boundaries based on the federal criteria, and the desires expressed by community members to keep neighborhoods wholly intact and include them wholly in new districts whenever possible. The Committee did not take into account where current Council members lived, or any other political considerations relative to specific people. The GIS support staff provided the committee with four options which met the criteria in different ways. The committee narrowed their choices down to two maps and then edited good and bad parts of those maps to achieve a map that seemed to fit the committee's criteria and those of the community. The map included with this report is recommended because: ? It puts back together or keeps together most individual neighborhoods (although they may get grouped with new or different neighborhoods); ? It follows geographic and "natural" boundaries; ? It creates new opportunities for Hispanic residents of Buffalo to have more impact on the political process; ? It unites Downtown Buffalo in one district; ? It doesn't deviate so strongly from existing districts as to be unduly disruptive to service provision. While everyone may not be wholly satisfied with these recommendations, the Committee feels comfortable that these recommendations meet our goals of representation of and responsiveness to the people, putting neighborhoods back together where necessary and keeping them intact otherwise, creating districts which will be sympathetic to the planning of communities, and attention to service. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT AYES - Bonifacio, Coppola, Davis, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino and Pitts -10 NOES - Franczyk - 1 No. 52 On-street parking plan and the city budget I just want to inform you about an issue we became aware of Thursday, that may effect your Budget deliberations. We have been working with Traffic Engineering and Parking Enforcement on downtown meter repricing to provide more parking for downtown workers and patrons, and more revenue to the City. We just learned that the Parking Enforcement budget doesn't include enough to purchase the proposed new parking meters. This is a case of needing to spend money to make money. City revenues will depend on the # of meters installed. Page 31 02-0528a.txt Of course installation of new meters can be phased in to future years, but it seems that the City could benefit from the revenues and parking spaces now. This is the situation: The proposed budget will allow repair of 100 parking meters City wide (@ $165 each for new mechanism + an equal amount for street and concrete repairs.) The downtown parking plan includes the addition of some 400 new metered spaces. The plan would deliver an additional $1 million/ year to the City in parking revenues by adding new meters, increasing occupancy through price adjustment and assuming payment by disabled tag holders Projected revenues from just the disabled tag holders is estimated at $1/2 million/year. This has been in the news, so we are aware that you may approve this item. The estimate of expenses needed to realize the revenues is: $160,000 purchase and install 400 new meters @ $400 each. They have a 10 year life. (Can this expense be allocated to future years, assuming $16,000 per year for 10 years?) $50,000 A 20% increase in meters would require 2 meter collectors @ $25,000, $28,000 and 1 mechanic @ $28,000 $238,000 'Total 2002-2003 outlay. $78,000 is salaries (benefits?), $160,000 is capital. $1,000,000 Projected additional revenue to the City from new meters and payments from disabled tag holders $762,000 Net Revenues We saw reference to funding the Mayor's Advocacy Office through anticipated parking meter revenue from disabled hang tag holders. You may want to also purchase new parking meters and sufficient enforcement staff to realize potential downtown meter revenue. Downtown Meter rates have been approved by Council, we are helping to get the serial notifications prepared for submission, which will include the street by street parking fees. Many meters are simply repriced, and significant additional free spaces are created. but there is a net gain of at least 400 meters. Serial Notifications will be ready for Council starting next week. We were planning to ask if they could be approved by Council o save the 45 day wait period. Public Works will then make the new signs and Enforcement would then adjust existing meters, until they run out. I will try to get from Parking Enforcement the # of existing, functional meters available for repricing so you will know potential revenues given current equipment and staff. Please let me know if any further clarification would be helpful, and good luck in the budget deliberations. REFERRED TO THE COMMITTEE ON BUDGET NO. 53 CCP#167Mayl4,2002 Chippewa District Promotion Public Hearing Thank you for requesting the opinion of Buffalo Place regarding this item. While most of the Chippewa Entertainment District is outside the Buffalo Place district, we are committed to downtown and appreciate the benefits that special events can bring to downtown. We also have some experience with the problem of downtown visitors being intimidated by difficult circulation patterns. Both Franklin and Delaware are important through streets, for general access as well as for the trip home for employees, theatre and special event patrons, The proposed events have excellent potential to attract new, patrons into downtown and to leave them with a positive impression, everyone's goal for good special events. The Page 32 02-0528a.txt compromises underway which provide extra event space while retaining through traffic on Delaware and Franklin Streets seem to be excellent solutions. We commend the Common Council for providing a venue for airing the issues to be resolved, and. wish the Chippewa Entertainment District the best of luck with these events. RECEIVED AND FILED NO. 54 E. MORGANTI BANAS COMMENT - REAPPORTIONMENT PLAN My husband and I cannot attend the hearing tomorrow due to a prior family commitment. However, I wanted to give you input regarding the current reapportionment plan. Rome, is burning and many of you seem to be tuning up your fiddles. The size of the Common Council must be reduced to reflect the change in our city's population. The people of Buffalo are looking to you for leadership by example. At the least, all of the at-large positions should be abolished. You should also consider getting rid of at least one council district. Getting rid of only two positions is not enough and is not in keeping with the dramatic population decrease in Buffalo. As a teacher in the Buffalo schools, I will be teaching an average of 30 students in a class next year. This is not only a hardship for me, but for my students as well since I will not be able to devote as much individual time to them as I have in the past. As a resident I will be paying more money for fewer- services. As Common Council members you will be ... basically the same.. If you expect city workers to do more with less, than you must do the same! yourselves. If you became representatives of the people in order to help -the people, then you should be willing to possibly sacrifice your own job in order to do so. It seems as if many of you do not realize the gravity of our current situation. This is a turning point in Buffalo's history. Either we will rise to the occasion and fundamentally change the way we do things, or we will continue to do what we've always done and the city will die. Families are already taking their children out of the Buffalo Schools, others are moving out of Buffalo entirely. It is up to you to show our residents that real change is here. If we see that you are not willing to change, we will leave in ever increasing numbers. The residents of the City of Buffalo are looking to you for LEADERSHIP BY EXAM PLE. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT No. 55 2002 Inspector School Schedule Monday, June 3, 20029:00 a.m. South 1-12Service Center Maureen Kindel 2495 Main Street' 838-4221 Amherst 1-18Harlem Rd. Comm. Cntr. Susan Jaros 4255 Harlem Rd. 631-7000 Orchard Park 1-12Orchard Pk. Municipal Bldg. Janis Colarusso 4295 S. Buffalo Street 662-64'10 Monday, June 3,2002 1:00p.m. South 13-24Service Center Maureen Page 33 02-0528a.txt Kindel 2495 Main Street 838-4221 Amherst 19-36Harlem Rd. Comm. Cntr. Susan Jaros 4255 Harlem Rd. 637-7000 Orchard Park 13 -25 Orchard Pk Municipal Bldg. Janis Colarusso 4295 S. Buffalo Street662-6410 Tuesday, June 4, 2002 9:00 a.m. South 25-35Service Center Maureen Kindel North 1 -22495 Main Street 838-4221 Clarence 1 - 11Clarence Town Clubhouse Nancy Metzger 10405 Main Street 741-8938 Amherst 37-55Harlem Rd. Comm. Cntr. Susan Jaros 4255 Harlem Rd. 631-7000 RECEIVED AND FILED NO. 56 COMMENT - OUTSIDE BEER SALES ALLENTOWN ART FESTIVAL Thank you for attending the recent meeting regarding Allen West. Your input was very valuable and we share your concerns about ensuring the safety and longevity of the Allentown Art Festival. Our recommendation to the City and BURA is strongly against outside beer sales in the parking lot adjacent to Mulligans Brick Bar, and we have made ourselves very clear on this point. However, Mulligan's has already received permission for their event from BURA (without either entity consulting us), and we may not be able to reverse this decision. We wanted to let you know that we have notified BURA of their responsibility for whatever incidents may arise from the Mulligans event, and that we are taking steps to ensure that Mulligan's has adequate security and that their security will be coordinated with our security detail for Allen West, if this does go forward. As always, we look forward to working with you in making sure Allentown is at its best during this important weekend. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO URBAN RENEWAL AGENCY NO. 57 K. GRAF CONCERNS RESIDENCY I hereby submit for filing copies of a letter from Ms. Kathleen M. Graf Ms. Graf is a concerned citizen and is stating her opinion on the residency issue. COPY AVAILABLE IN CITY CLERKS OFFICE TO REVIEW REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 58 ILLEGAL ACTIVITY - DELI LEROY/GRIDER I hereby submit for filing copies of a letter from an anonymous property owner on Leroy Ave. This resident is requesting the assistance from any able office in City Hall that is concerned and inclined t help the community eradicate the illegal activity in and around the delicatessen located on the corner of Leroy and Grider Aves. Copy available in the City Clerks Office to review Page 34 02-0528a.txt REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE NO. 59 S. SPINKS-CONCERNS TREE CUTTING-220 JERSEY Dear Mr. Michaux: I hereby submit for filing copies of a letter from Ms. Suzanne Spinks. She is informing thee council about the recent tree cuttings in the City of Buffalo. When I returned from a business trip I found trees removed at the back of our property, on the lot at 220 Jersey Street, grading and gravel in place for paving. I live at 483 Prospect Ave. The 220 Jersey Lot runs the length of and behind six homes on Prospect Ave. All these homes are occupied and affected by this tree cutting atrocity. Further atrocities are coming in the form of car access into the parking lot to the north of my home. I am forwarding this information to you because of the recent cutting of trees by D'Youville College to make way for a so called temporary driveway, cut through from Jersey Street near Prospect Ave. Please see below the portion of this message that contains the various codes pertaining to the cutting of trees in the city. This is apparently "the council's intent" as stated in the sections of code quoted below. The lot is at 220 Jersey, where a taxable home was torn down again by D'Youville College in anticipation of putting yet another parking lot. These trees were 30-40-50 years old as can be determined by the size of the still existing stumps. They were valuable trees for their age, health and contribution to the environment and quality of this neighborhood. Another parking lot exists next to my home and was created by tearing out five taxable homes and denuding the land of all trees and shrubs as well. The heat in summer is compounded and run off is excessive during rain storms, evidenced by the water that accumulates in my basement even though DYouville College was forced to place additional drainage along the boundary of the parking lot next to our Home. I'm sure you are all aware that it takes five minutes to cut down the trees while it took nature 30-40-50 years to build those trees. In our lifetimes, these trees will not be replaced. The damage DYouville College is doing to the fabric of the west side neighborhood is irreparable and all done in the name of pollution spewing cars. And this city, this administration and you dear council person by your ignorance and careless attitude, are letting it happen. Suzanne Spinks the information below is provided by tree loving citizens who were notified of this attrocity on the internet and who replied with their information... More on the city code... applicable code ... relates to the building permit application process, 103-4 (D), which states: D. The application shall indicate whether the proposed work will cause the removal of or damage to any existing trees over four (4) feet in height on the site of work or improvement. If such removal or damage is indicated, then the application shall include a list of all existing trees over four (4) feet in height, with the type and dimensions of each, and replacement shall be mandated in accordance with ? Page 35 02-0528a.txt 421-26A(9) of this Code. [Added 6-19-1990, effective 7-2-1990] 421-26A(9) states: (9)Landscaping of all public areas, including the grading and seeding thereof, and the planting of trees as indicated in Chapter 467. [Amended 6-19-1990, effective 7-2-1990; 6-10-1997, effective 6-23-1997] Chapter 467, Trees, Shrubs, and Plants, goes into great detail, but I think 467-1, Legislative Intent, sums it up quite nicely: The convenience of clearing all trees from a piece of land and planting trees and shrubs at the end of the building process must be weighed against the resources that are destroyed in the process, and this Council wishes to foster a building process that conserves trees where possible. D. Commercial establishments do not have an overriding right to destroy or prevent the growth of trees that interfere with the sight lines between their signage and passersby. Such a right has not existed for neighborhood businesses along Buffalo's great streets of commerce and exceptions should not be made for new businesses. E. Parking lots can create climatic, aesthetic and environmental problems, such as oppressive heat in summer and harsh wind shear in winter, large, unsightly aesthetic voids and increased contaminated runoffs. Trees and other vegetation can enhance the visual environment, moderate the parking area microclimate, increase drainage and decrease the nuisances of noise and glare. All of this is accessible at http://qcp.esub.net/cqi-bin/-om isapi.dll?clientID=174581&clientID+91931=& inf obase=buffalo. nfo&softpage= Browse - Frame_Pg42 A friend replies to the distraught Buffalonian who lives near D'Youville: a second writer comments: "The good news is that Buffalo's Tree Ordinance requires that tree removals of over 6" diameter be done only by permit, and that documentation be done prior to removal, and that replacement of trees be done with an equivalent amount of removed diameter (i.e. a 24" diameter tree removal be replaced by 6 - 4" diameter trees). The bad news is that the Police Department is supposed to enforce the ordinance." GET INTERNET ACCESS FROM JUNO! Juno offers FREE or PREMIUM Internet access for less! Join Juno today! For your FREE software, visit: http://dI.www.juno.com/get/web/. REFERRED TO THE COMMITTEE ON FINANCE,THE DIRECTOR OF STRATEGIC PLANNING AND THE COMMISSIONER OF PUBLIC WORKS NO. 60 B. GRANT-REQUEST SPLASH PAD-MCCARTHY PARK As you are aware, McCarthy Park is currently undergoing much needed reconstruction. During last years' construction season I as well as the McCarthy Park Steering Committee informed you of items we believed were necessary increase the viability and use of the park that would reflect the needs of community it serves. It is imperative that a splash-pad be included as one of the new structures added to the park. There is a great need for water recreation in this area and McCarthy Park can provide that outlet to the youth that utilize the park. If you have any questions, or need farther information, Page 36 02-0528a.txt please contact my office at 85) 1-5165. Sincerely, Betty Jean Grant University District Council Member REFERRED TO THE COMMITTEE ON FINANCE NO. 61 B. GRANT-F.CAHILL-RQ SPLASH PAD MCCARTHY PARK Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, May 28, 2002. Dear Mr. Michaux III: Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, May 28, 2002. Sincerely, Dear Mayor Masiello: As an officer of both the McCarthy Park Steering Committee and William Price Parkway 131~ock Club, and a homeowner in the University District, I am urging your administration to install a splash pond in McCarthy Park this season. A water attraction is necessary to complete the amenities within McCarthy Park. The splash pond would be a welcome addition for our youth in the University District and our new homeowners with families on William Price Parkway. It is important that we retain our families in the City of Buffalo and this is just one small way to insure that. Thanking you for your cooperation in this regard. Sincerely yours, Francis R. Cahill REFERRED TO THE COMMITTEE ON FINANCE NO. 62 L. HILL-REQ DESIGNATION OF CLAIM W/CITY Dear Mr. Michaux, III Please file the following letter with the Claims Committee's next meeting. Thank you for your assistance in this matter. Sincerely, May 21, 2002 Dear Ms. Gray: This letter is to inform you that 1, Larry Hill, had a claim with the City of Buffalo, dated December 1999. After taking all necessary steps, etc, estimates, I still had not heard from the Law Department. I called on March 25, 2002 spoke with Dave Gannon. He stated that in order to receive payment, I would have to chase the plow truck, get driver's name. This occurred in the late to early hours while I was asleep. I would like to be present at the next hearing for this type of matters. Registered under Donald Hill claim # 65900. Mr. Larry Hill 100 Beck Street BuffiLlo, New York 14212 (716) 892-7806 REFERRED TO THE COMMITTEE ON CLAIMS AND THE CORPORATION COUNSEL NO. 63 THE WELLNESS INSTITUTE WELLNESS INSTITUTE APPOINTEE TO THE BUFFALO CREATIVITY COMMISSION The Wellness Institute appoints Norm M. Bakos, 1226 Page 37 02-0528a.txt Bailey Avenue, Buffalo, NY 14206 (phone/fax: 892-1629; e-mail: NBAKOSAI, WFBTV. net) to the Buffalo Creativity Commission. RECEIVED AND FILED NO. 64 K. HITE-REQ METER RATE INCREASE Dear Mr. Pitts, he taxi company owners of Buffalo have decided to request a meter rate increase from Common Council. We have sent a proposal to Ms. Beverly Gray outlining our request and the justification of such. Ms. Gray is to schedule a meeting of the taxi committee of Common Council in the near future to discuss our request and any other taxi matters. I am enclosing a copy of the correspondence that we sent to Ms. Gray for you to better understand our reasons for making the request to Common Council at this time. I want to personally thank you for your years of hard work and service to our fine city and encourage you to continue fighting to save the city of Buffalo during these trying times. We hope you can support our request and are looking forward to hearing from you at the committee meeting. Thank you, Kenneth E. Hite REFERRED TO THE SPECIAL COMMITTEE ON TAXICABS AND LIVERIES AND CORPORATION COUNSEL NO. 65 J. KELEMEN-REAPPORTIONMENT-COMMISSION PROPOSAL I will not be able to attend the meeting on Monday which I understand will discuss the proposal by the Reapportionment Commission to cut two seats from the Common Council. I hope that you will be able to submit my comments to the Council Member's and to the Council President. Mayor Masiello has asked City employees and residents to share the pain of the City's current economic crisis. It seems to me that the proposed plan from the Reapportionment Commission exempts the Council from sharing the burden. As the Buffalo News has pointed out, in 1928, 15 lawmakers represented about 600,000 residents. The population has plummeted by more than 50 percent since then, while the size of the Council has dropped by 13 percent. Pittsburgh, which has a population of 370,000 has a nine member council. As Cad McCall said when he testified before the Council with respect to the City's finances, "I urge you to review carefully the whole picture of City revenues and expenditures, to consider the long-range impact of any proposed changes, and to focus on the need for long-term structural balance." Cuffing the Council from 13 to 11 members does not, in my opinion, move towards "long-term structural balance." Perhaps more importantly, it sends the wrong message to the rest of us who have been asked to make sacrifices. I urge you and your colleagues to do the right thing and cut the council more deeply. I am in favor of eliminating the at large seats and the seat of the Council President. The district members have much more interaction with the people they represent than do the at large members or the President. Page 38 02-0528a.txt Sincerely Joseph Kelemen 408 Bird Avenue Buffalo, NY 14213 REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 66 PEACE BRIDGE EXPANSION PROJECT BI-NATIONAL INTEGRATED ENVIRONMENTAL PROCESS SEQRA LEAD AGENCY DESIGNATION Dear Common Council: The Buffalo and Fort Erie Public Bridge Authority (PBA), proposes to designate itself as the Lead Agency for the purpose of coordinating compliance under the New York State Environmental Quality Review Act (SEQRA) in connection with the Bi-National Integrated Environmental Process (the "Review Process") for the Peace Bridge Expansion Project (the "Expansion Project"). The SEQRA regulations do not appear to require a Lead Agency designation for projects subject to a Federal NEPA Environmental Impact Statement (EIS). The PBA sought confirmation from the Commissioner of the Department of Environmental Conservation (DEC) through the filing of a Petition for Declaratory Ruling in October, 2001. The Commissioner has not yet issued his ruling and, consequently, the PBA believes designating itself Lead Agency to be prudent pending the Commissioner's determination. In designating itself as Lead Agency, the PBA hopes to avoid unnecessary delay to the Review Process. The PBA requests that you consent to the Lead Agency designation in writing within 30 days, from the date of this letter. The PBA has determined that the Expansion Project constitutes a Type I action under SECIRA. Enclosed for your information and review you will find a completed Environmental Assessment Form for the project. Please feel free to contact our Project Manager with any questions you may have at: BUFFALO AND FORT FIRIF PUBLIC BRIDGE AUTHORITY N PEACE BRIDGE PLAZA Responses to this letter and any other correspondence should be sent to Jake Lamb, with copies to Deborah J. Chadsey, Esq., Lippes, Silverstein, Mathias & Wexler, 700 Guarantee Building, 28 Church Street, Buffalo, NY 14202. REFERRED TO THE SPECIAL COMMITTEE ON BI- NATIONAL BRIDGES NO. 67 L. LINDSAY CUSTOM BENCH ADVERTISING CORP. Dear Honorable Committee Members: As per your request, I have enclosed herewith the documentation that was requested of my client Robert Brawn at the Finance Committee meeting of May 7, 2002: 1 . Proposal 2. Proposed locations'. Correspondence to Joe Giambra, after negotiations, regarding the payment to be made to the City of Buffalo in return for the said License Agreement, 4. Photographs of the prototype Benches currently being used in the City of Niagara Falls. Page 39 02-0528a.txt Please note that I have enclosed a set of each of the above documents for the Committee members. REFERRED TO THE COMMITTEE ON FINANCE NO. 68 J. MARRS-REQ HOCKEY DASHER BOARDS FROM AUD Dear Mrs. LoTempio, Thank you so much for returning my call and taking interest in our project. As we discussed, we are trying to create a piece of Buffalo sports history that is unlike any other. We are interested in utilizing pieces of the Hockey dasher boards from The Buffalo Memorial Auditorium. We would be using parts of these boards in our framed items that would include photos of the Auditorium, Buffalo Sabres players, current and Alumni, along with other sports artifacts. The sports art that we produce is used for auctions, fundraisers and charity events. We have put together some of this Sports Art for Marcel Dionne Enterprises, LTD., (Hall of Famer), Hammer Enterprises, Inc., Dave Schultz, President and CEO (Philadelphia Flyers Alum), along with the Sabres Alumni. We currently have one of our pieces titled the Captains" on the Sabres Alumni website at sabresalunini.coni. click merchandise. The hockey dasher boards are just one of the items from the Auditorium that would be of interest to us. We would certainly welcome the opportunity to look into to other items in the Auditorium. We will be contacting you again regarding this matter in the very near future and we thank you for your time and consideration. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 69 ROZANSKI & 0.-SUPPOF~MAIN ST. BE DESIGNED AS A THREE-LANE STREET" (#89 C.C.P. APR. 2,2002) Dear Mr. Jaskula: Thank. you for forwarding a copy of a petition from the "Committee to Save Our Streets" suggesting that the referenced project on Main Street be designed as a three-lane street. Most of this segment of Main Street falls under the jurisdiction of the City of Buffalo. The New York State Department of Transportation has been working very closely with the City, the Town of Amherst, Erie County, and the Regional Transportation Council in efforts to reach a locally preferred alternative that can be submitted to the Federal Highway Administration for approval. The first phase of the project is programmed for construction starting in late 2003 using federal (80%), state (15%) and local (5%) funds. The three-lane alternative suggested in the petition has been evaluated as part of the project's environmental assessment process. Several other alternatives have been suggested and evaluated as pail of this project's public participation program. Studies show that reducing the number of travel lanes on Main Street as suggested would divert traffic away from Main Street and still result in unacceptable congestion levels and associated detrimental air quality impacts. Widening the pavement to accommodate marked bicycle lanes would result in narrower sidewalks. That is unacceptable to the business community and neighborhood Page 40 02-0528a.txt residents. We are preparing a Final Design Report/Environmental Assessment to submit to the Federal Highway Administration. The preferred alternative described in this document will call for the complete reconstruction of Main Street at its current width. The lane configuration for most of its length will remain with two travel lanes in each direction and parking on both sides of the street. The project will also include a new draining system, sidewalks, street lighting, traffic signals and signs. The intersections at Kenmore Avenue and at the University Plaza will be realigned to better accommodate pedestrians crossing at this location. An off street parking lot will be constructed on West Winspear Avenue. We commend Messrs. Rozanski, Curtin, and Jun and numerous others for their continuous participation in the development of this project and for their efforts in proposing alternatives which they believe would be an improvement to the business climate along Main Street. Three-lane roadways have been shown to be successful in slowing traffic yet keeping it moving efficiently. Hertel. Avenue is an excellent example. However, the higher traffic volumes along Main Street and their peaking characteristics indicate that a minimum of two lanes in each direction are needed to avoid serious congestion and associated air quality problems. We encourage all interested parties to remain involved as this project progresses through the final design and construction phases. Thank you again for your interest in this important project. For additional information please call me at 847-3238, or Gary Gottlieb at our High Priority Projects Group at 853-0280. RECEIVED AND FILED NO. 70 R. SWITALA-MEMBERSHIP DRIVE This is. to inform you that our organization will be conducting our annual membership drive in Buffalo, starting on May 6, 2002. The people who will be working in Buffalo are: Rachell Switala (WNY outreach Director) 18o York St. Buffalo, NY 14213 Scott Steele 76 Elmwood Ave. Buffalo, NY 14201 Joseph Novak 114 Elmwood Ave. Buffalo, NY 14201 Steven Megerle 68 Merrimac St. Buffalo, NY 14214 Noel Drake 114 Elmwood Ave, Buffalo, NY 14201 If you need further information, feel free to contact me at 885-6848. REFERRED TO THE OFFICE OF CITY CLERK AND NYP Page 41 02-0528a.txt NO. 71 A. THOMPSON-EARLY RETIREMENT INCENTIVE PASSED REQ NYS I am writing to respectfully request that you file the enclosed item for the next Council meeting dated May 28, 2002. If you have any questions, please feel free to contact my office at (716) 851-5145. RECEIVED AND FILED PETITIONS NO. 72 V. SEMERARO, AGENT, USE 1292 HERTEL FOR EXPANSION OF SIDEWALK CAFT. (HRG. 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 73 H. ANDREWS AND OTHERS ELIMINATE FREE METERED PARKING FOR HANDICAPPED We the people who have signed and dated this petition, vehemently protest the proposition (supported by the Fontana office, and ironicly the advocate for the disabled office) to eliminate the disability waiver of handicapped metered free parking, in the City of buffalo, that this City of good neighbors has provided for it's less fortunate citizens. RECEIVED AND FILED NO. 74 K. KRYSZAK & O ENDORSE CHIPPEWA SUMMER SERIES EVENTS I the undersigned, fully endorse the Summer Event Series that the Chippewa Entertainment District is proposing. The 14 Chippewa Cruiser Tuesdays and the 5 Summer Concert Events to be held on Sundays throughout the summer. I am fully aware that to hold these events some streets may need to be closed for pedestrian safety. The streets that will need to be closed are Chippewa Street from the Hampton Inn Exit to Pearl Street, Delaware Avenue from S. Johnson Park to Huron Street, Leaving access to the Hampton Inn Entrance and Franklin Street from the North Side of Chippewa Street to the Entrance of the Augsburger Ramp. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 75 APPOINTMENT ASST. WATER DIST. SUPT. (INTER) (PW) (ITEM NO. 6 1 -C.C.P. MAY 14, 2002) That Communication 6 1, May 14, 2002 be received and filed and the permanent promotion of Patrick J. Martin stated above at the intermediate salary of $44,066 effective on May 6, 2002 is hereby approved. PASSED AYES - 12 NOES - 0 Page 42 02-0528a.txt NO. 76 APPOINTMENT REPORT TECHNICIAN (PERM.) (INTER.) (PW) (ITEM NO. 62-C.C.P. MAY 14,2002) That Communication 62, May 14, 2002 be received and filed and the permanent appointment of Deborah R. Zdon stated above at the intermediate salary of $26,606 effective on April 19, 2002 is hereby approved. PASSED AYES - 12 NOES - 0 NO. 77 APPOINTMENTS REPORT TECHNICIAN (TEMP.) (INTER.) (PW) (ITEM NO. 63-C.C.P. MAY 14, 2002) That Communication 63, May 14, 2002 be received and filed and the temporary appointments of Debra Ferril, Desirae Greene and Katherine E. Milks stated above at the intermediate salary of $26,606 effective on April 19, 2002 is hereby approved. PASSED AYES - 12 NOES - 0 NO. 78 NOTICES OF APPTS. -TEMP. /PROV./PERM. (C. CLK.) (CCP#85-MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 RESIDENCY REPORT (HR) (CCP#78-MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 80 A. Thompson-Bflo. Vets Little League-Req. Compl. of Work-Kev. Roberson A. (CCP#82-Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 81 Bflo. Vets Little League-Kevin Roberson Park (PW) (CCP#48-May 14, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 82 Results of Negotiations - 844, 846, 854, 858, 864, 878 and 888 Main Street (Item No. 12, C.C.P., Feb. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED Page 43 02-0528a.txt NO. 83 Appraisal of Properties - 844, 846, 854, 858, 878 and 888 Main Street (Item No. 15, C. C.P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 84 Sale of Buildings to BURA - 844, 846, 854, 858, 864, 878 and 888 Main Street (Item No. 25, C.C.P., Mar. 5, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 85 Results of Negotiations - 201 Adams Street (Item No. 12, C.C.P., Apr. 30, 2002) That the offer from Mr. Herbert Richardson and Mrs. Mozella Richardson, residing at 251 Adams Street, in the sum of One Thousand Dollars ($1,000.00) for the purchase of 201 Adams Street, be and is hereby 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 - 12 - NOES - 0 NO. 86 Results of Negotiations - 24 Clare Street (Item No. 17, C.C.P., May 14, 2002) That the offer from Mr. Edward A. Wegrzyn, Jr., residing at 186 James Street, in the sum of Five Hundred and Fifty Dollars ($550.00) for the purchase of 24 Clare Street, be and is hereby 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 - 12 - NOES - 0 NO. 87 Certiorari Proceedings - RJR Nabisco, 216 Fougeron Page 44 02-0528a.txt (Item No. 3 9, C. C.P., May 14, 2002) That the Corporation Counsel be authorized to settle the RJR Nabisco certiorari proceedings on 216 Fougeron Street, Buffalo, New York, by reducing the assessment from $1,987,500 to $1,3 00,000 for 1999-00, 2000-01 and 2001-02 and to $ 1, 100,000 for the 2002-03 fiscal year. Passed. AYES - 12 - NOES - 0 Legislation (Richard A. Fontana, Chairman) No. 88 B. Baumker, Petition to Use 2589 Bailey Avenue - Pole Sign (Item No. 106, C.C.P., May 14, 2002) That after the public hearing before the Committee on Legislation on May 21, 2002, the petition of B. Baumker, agent, for permission to use 2589 Bailey Avenue for a pole sign be, and hereby is approved on the condition that 6' x 6' landscaping be provided at the base of the sign. Passed. AYES - 12 - NOES - 0 No. 89 B. Baumker, Petition to Use 652 South Ogden - Pole Sign (Item No. 104, C. C.P., May 14, 2002) That the petition of B. Baumker, agent, for permission to use 652 South Ogden for a pole sign be, and hereby is approved with the condition that any additional signs must be incorporated into this sign. Passed. AYES - 12 - NOES - 0 No. 90 J. Dibernardo, Petition to Use 520 Elmwood Avenue for a Sidewalk Caf‚ (Item No. 107, C. C.P., May 14, 2002) That after the public hearing before the Committee on Legislation on May 21, 2002, the petition of J. Dibemardo, owner, for permission to use 520 Elmwood Avenue for a sidewalk cafe be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 91 M. Olawaiye, Petition to Use 3211 Bailey Avenue - Church/Human Services Facility (Item No. 100, C. C. P., Apr. 3 0, 2002) That after the public hearing before the Committee on Legislation on May 7, 2002, the petition of M. Olawaiye, owner, for permission to use 3211 Bailey Avenue for a Church/human services facility be, and hereby is approved. Passed. AYES - 12 - NOES - 0 No. 92 D. Scheid, Petition to use 660 Ohio - Filling Building for Adhesives with Bulk Storage Facility (Item No. 9 1, C. C.P., Apr. 16, 2002) (Item No. 137, C.C.P., Apr. 30, 2002) (Item No. 134, C.C.P., May 14, 2002) Page 45 02-0528a.txt That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item . be recommitted to the Committee on Legislation. ADOPTED. No. 93 Ordinance Amendment - Chapter 96 - Bonds and Contracts (Item No. 175, C.C,P., May 14, 2002) That the Ordinance Amendment as contained in Item No. 175, C.C.P., May 14, 2002, be and the same hereby is approved. Passed AYES - 12 - NOES - 0 No. 94 Restaurant Dancing Class IV - 596 Genesee (Item No. 64, C. C. P., Apr, 3 0, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Jimmie Larke, Jr., d/b/a Arthur's Pub, Inc. located at 596 Genesee. Passed. AYES - 12 - NOES - 0 No. 95 Sidewalk Cafe - 659 Main Street (Item No. 46, C. C.P., Apr. 3 0, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to John Cipolla, owner of the 658 Bar and Lounge, located at 658 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 .That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 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 eight feet (8') in length or extend more than six feet (6') 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 one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets 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 Page 46 02-0528a.txt any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8.That no outside music is permitted on the sidewalk caf6. 9.That no trash receptacles are permitted on the sidewalk caf6. 10.That the sidewalk caf6 closes at 12:00 A.M. on weeknights and at I A.M. on weekends. Passed. AYES - 12 - NOES - 0 No. 96 J. Cipolla-Use 658 Main St.-Sidewalk Caf6 (Plan Bd.) (CCP# 12-May 14, 02) That the above item be and the same hereby is received and filed, ADOPTED No. 97 Sidewalk Cafe - 929 Elmwood Avenue (Item No. 48, C.C.P., Apr. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to David Fabian, owner of the Bistro Vite Restaurant, located at 929 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 .That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 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 twenty-seven feet (27') in length or extend more than eight feet (8') 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 one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets 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 or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES - 12 - NOES - 0 No. 98 Sidewalk Cafe - 56 West Chippewa Street (Item No. 53, C.C.P., Apr. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: Page 47 02-0528a.txt That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mark Goldman, owner of the Calumet Building, located at 56 West Chippewa Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions 1 . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 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 eight feet (8') in length or extend more than six feet (6') 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 one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets 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 or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That no outside music is permitted on the sidewalk cafe. 9. That no trash receptacles are permitted on the sidewalk caf6. 10. That the sidewalk caf6 closes at 12:00 A.M. on weeknights and at I A.M. on weekends. Passed. AYES - 12 - NOES - 0 No. 99 Sidewalk Cafe - 56 West Chippewa Street (Item No. 5, C.C.P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 100 Sidewalk Cafe Expansion - 252 Delaware Avenue (Item No. 40, C.C.P., Apr. 30, 2002) (Item No. 144, C.C.P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Fontana Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Bill Paladino, owner of The Red Room, located at 2 52 Delaware Avenue, for the installation of the expanded sidewalk caf6, for a total of 60' x 9', provided all conditions in the original approval (Item No. 147, C. C.P,, May 1, 200 1) are met and subject to the following conditions: Page 48 02-0528a.txt 1. That there be no outside music permitted on the sidewalk caf6. 2. That there be no trash receptacles permitted on the sidewalk cal'6. 3. That the applicant is responsible for trash removal. 4. That the sidewalk cafe closes at 11:00 P.M. weeknights and 1:00 A.M. weekends. Passed. AYES - 12 - NOES - 0 No. 101 B. Palidino-Use 252 Delaware-Sidewalk Caf6 (Plan Bd) (CCP#6-May 14,02) That the above item be and the same hereby is received and filed. ADOPTED No. 102 Secondhand Dealer - 23 Allen (Item No. 72, C. C.P., May 14, 2002) 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 Reginald Harris & Patricia Atkinson, d/b/a Split Seconds Consignment located at 23 Allen, Passed. AYES - 12 - NOES - 0 No. 103 Secondhand Dealer - 1603 Seneca Street (Item No. 73, C. C.P., May 14, 2002) 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 Secondhand Dealer license to Michael Blutstein, d/b/a Two Steins Inc. located at 1603 Seneca Street. Passed. AYES - 12 - NOES - 0 No. 104 Secondhand Dealer - 2228 Seneca Street (Item No. 74, C.C.P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana 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 Janet Tadken, d/b/a Rent-A-Center Inc. #0 1899 located at 2228 Seneca Street. Passed. AYES - 12- NOES - 0 No. 105 Wholesale Junk Dealer - 669 Bailey Avenue (Item No. 77, C.C.P., May 14, 2002) That the application for a Wholesale Junk Dealer license by Vito Verni be and hereby is denied due to the negative impact of an additional junk dealership on the Surrounding community. Page 49 02-0528a.txt DENY NO. 106 Used Car Dealer License - 980 Grant Street (Item No. 75, C.C.P., May 14, 2002) 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 Andrew Pozantides d/b/a Auto Wholesale of NANY, located at 980 Grant Street. With a 5 car limit Passed. AYES - 12 - NOES - 0 No. 107 Used Car Dealer License - 164 West Ferry (Item No. 76, C.C.P., May 14, 2002) 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 Sandra L. Foster d/b/a Sandra's Used Cars, located at 164 West Ferry. Passed. AYES - 12 - NOES - 0 No. 108 Fire Alarm Systems (Item No. 147, C.C.P., Apr. 2, 2002) (Item No. 150, C.C.P, Apr. 30, 2002) (Item No. 14 1, C. C. P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That this Common Council encourages responsible construction and development within the City of Buffalo and recognizes that any uncertainty with the Charter and Codes of the City of Buffalo by developers can be detrimental to the success of our fine city, and That this Honorable Body requests that the Department of Inspections file a report regarding the continued enforcement of Chapter 103-26 of the Charter and Codes of the City of Buffalo. The Common Council also requests that the Corporation Counsel file a report on the validity/legality of Chapter 103-26 of the Charter and Codes of the City of Buffalo and file the report with the City Clerk. That if Chapter 103-26 of the Charter and Codes of the City of Buffalo is shown to be invalid or illegal appropriate actions are taken to remove it from the Charter and Codes of the City of Buffalo as soon as possible. Adopted No. 109 Concerns - Dog Problem - 504 Norfolk (Item No. 66, C.C.P., Apr. 16, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Fontana Moved: Page 50 02-0528a.txt That the above mentioned item be and the same is hereby received and filed. Adopted. No. 110 Concerns - Dog Problem - 504 Norfolk (PW) (Item No. 49, C. C. P., May 14, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 111 B. Grant-H. Spaulding- Synchronization of Traffic Signals on Main St. (CCP#92-May 14,02) That the above item be and the same hereby is received and filed. ADOPTED Special Committees TELECOMMUNICATIONS (James W. Pitts, Chairman) No. 112 Site Lic. Agree. -Winstar-Place Wireless Comm. Anten.-Mkt. Arc. (CP) (CCP#18-Feb. 6, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 113 Perm.-Negotiate Lease-Cricket Comm. (PW) (CCP#58-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 114 Audit-Dept. of Pub. Wks., Pks. & Sts. -Ofc. Jelecom. -Pub. Acc. TV (Compt) (CCP#15-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 115 Audit-Access TV Account (PW) (CCP#44-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 116 Utl. Easement Agree. -NIMONerizon-J. McCarthy Pk. (Strat. Plan) (CCP#22-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 51 02-0528a.txt No. 117 T. Tarapacki-J. Roty Interest Dominion Telecom, Inc. Franchise Agree (CCP#93-Oct. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS No. 118 By: Mr. Bonifacio and Mr. Fontana Seneca Nation Casino in Buffalo Whereas: The Seneca Nation of Indians recently approved a compact with the State of New York that would bring Casinos to Buffalo and Niagara Falls; and Whereas: For years, leaders from both cities have tried to bring Casino Gaming into their cities but have been barred from doing so due to New York State Constitutional Law; and Whereas: In an attempt to bring Casino's to Niagara Falls and Buffalo, Governor Pataki and the NYS Assembly and Senate along with the Seneca Nation of Indians have all agreed to a pact that brings gaming to Western New York; and Whereas: A properly planned Casino can have an enormous economic spin off effect for both cities; Now, Therefore, Be It Resolved: That the Buffalo Common Council go on record in support of a Seneca Nation run Casino in Buffalo, New York; and Now., Therefore, Be It Further Resolved: That as per the compact, the City of Buffalo enter into negotiations with the State of New York on increasing the percentage of local share that will come directly to the City of Buffalo for providing infrastructure and public safety services vital to a successful Casino and City; and Now, Therefore, Be It Further Resolved: That as part of those negotiations that the interests of the local business community are considered concerning the sale of non-taxed items within the casino limits; and Now, Therefore, Be It Finally Resolved: That certified copies of this resolution be sent to Governor Pataki, the Western New York Delegation, Joseph Bruno, Sheldon Silver, and the Seneca Nation Tribal Council. ADOPT AYES - 11 Bonifacio, Coppola, Davis, Fontana, Franczyk, Golombek, Grant, Gray, Lotempio, Martino and Pitts NOES - 1 Fisher NO.119 By: Councilmember Brian Davis SET PUBLIC HEARING - 352 PEARL STREET. Whereas: The Common Council authorized the acquisition of 353 Pearl Street through Eminent Domain, Item # 186, C.C.P. April 30, 2002. Whereas: Article 2, Section 202 of the Eminent Domain Procedure Law requires the Condemnor to set the public hearing to inform the public and to review the public benefit to be served by the proposed project and the impact on the environment and residents. Whereas: The Common Council has authorized the sale of Bond Funds for the acquisition of property and construction of the facility, Page 52 02-0528a.txt Item #133, C.C.P. January 21, 2001, which have been sold. Now, Therefore, Be It Resolved: That the City Clerk is hereby directed to publish the notice attached hereto and Marked Notice of Hearing, in the Buffalo News, no later than June 3rd , 2002. Said notice to be published for five (5) consecutive days. Be It Further Resolved: That the Common Council will conduct a Public Hearing at 2:00 p.m. in the Common Council Chambers on the 2 5th of June 2002. REFERRED TO THE COMMITTEE ON FINANCE NO. 120 By:Councilmember Brian Davis Set Public Hearing - Augspurger Expansion Condemnation 43 West Huron Street. Whereas: The Common Council authorized the acquisition of 43 West Huron Street through Eminent Domain, Item # 185, C.C.P. April 30, 2002. Whereas: Article 2, Section 202 of the Eminent Domain Procedure Law requires the Condemnor to set the public hearing to inform the public and to review the public benefit to be served by the proposed project and the impact on the environment and residents. Whereas: The Common Council has authorized the sale of Bond Funds for the acquisition of property and construction of the facility, Item #133, C.C.P. January 21, 2001, which have been sold. Now, Therefore, Be It Resolved: That the City Clerk is hereby directed to publish the notice attached hereto and Marked Notice of Hearing, in the Buffalo News, no later than June 3 rd , 2002. Said notice to be published for five (5) consecutive days. Be It Further Resolved: That the Common Council will conduct a Public Hearing at 2:00 p.m. in the Common Council Chambers on the 25 th of June 2002. REFERRED TO THE COMMITTEE ON FINANCE NO. 121 By: Mr. Davis USE OF "ONE-SHOT" REVENUES TO ESTABLISH CASH RESERVES IN THE CITY BUDGET Whereas: The City of Buffalo's cash reserves have been depleted due to the loss of New York State aid, satisfaction of the teacher's pay-back settlement and shrinking revenues; and Whereas: The outlook for a return to State funding levels of past years is not good given the State's revenue projections; and Whereas: There is uncertainty over a number of possible revenue increases for the City, notably the Adelphia Communications Tower and casino gambling; and Whereas: The City is already walking a tight line trying to match recurring-, revenues with recurring expenses; Now, Therefore, Be It Resolved: That this Council commit to the establishment of a cash reserve find to restore liquidity to the budget; and Be It Further Resolved: That in the future, the proceeds from asset sales and other "one-shot" revenue items be dedicated to the establishment of a reserve fund to restore cash as a working resource in Page 53 02-0528a.txt the budget to avoid the kind of shortfall that currently threatens our financial operations; and Be It Finally Resolved: That the Office of the Mayor, the Comptroller and the Department of Administration and Finance be requested to file a response to this resolution before the Common Council meeting scheduled to be held on June 11, 2002. ADOPTED NO. 122 By: Mr. Fisher Re: CCP #20,4/30/2002 "WATERFRONT REDEVELOPMENT AREA "A" REQUEST TO APPROVE EASEMENTS FOR SIX BOAT DOCKS" Whereas: This Common Council supports the development of the "Waterfront Village" at the Erie Basin; but both Councilmembers and citizens have decried the lack of public access at this prime waterfront location; and Whereas: A request was filed on April 30, 2002 to approve easements for 6 docks to complement 5 houses that have been built in Redevelopment Area "A"; and Whereas: This request was referred to the Water-ways Subcommittee of the Community Development Committee, which raised the following points in a meeting with officials from the Office of Strategic Planning and BURA; * The development of housing on the waterfront without providing public access at the water's edge is a mistake. It should be acknowledged as a mistake, and never repeated. Other developments throughout the US have been able to manage both housing and public access. One regional example is Rochester, NY, which has legislated a public access easement on Genesee River frontage within the City, including properties used for housing. A national example cited is project Aqua on Allison Island in Miami Beach, Florida; where 2,000 feet of promenade at the water's edge runs in front of townhouses and apartments whose values range from $400,000 to $3.5 million; * The docks, as proposed, will run 120 feet from the water's edge. This distance is excessive, and will subject the boats to heavy wave action, while cutting farther into the Erie Basin than necessary and reducing the room for other boats to maneuver; * Members of the subcommittee, including an experienced boater and a retired Corps. of Engineers official who specialized in dock encroachments, noted that the proposed docks were oriented in a way that is likely to expose the boats and docks to unnecessary wind and wave stress; * It was noted that the Council had adopted a policy for City-owned land that was sold or developed, under which the City would retain a public access easement of up to 100 feet. This policy certainly wasn't followed in this instance. It was requested that this policy, along with the Council's intent to reserve the water's edge for public use, be publicized to all relevant City departments, as well as developers who may be considering waterfront projects. Relevant departments include BURA, the Mayor's Office, the Office of Strategic Planning, the City Planning Board, the Environmental Management Commission, the Law Department and the Zoning Board of Appeals; A request was made for the Council and BURA to review the Urban Renewal Plan for the Inner Harbor area to determine if updates are needed. The subcommittee offered to be a resource in this process; The easement agreement between Page 54 02-0528a.txt the City and BURA is "forever", while the agreement between BURA and Waterfront Circle is for 10 years. It was requested that both easements be set for 10 year periods to allow a revaluation of the arrangement at appropriate intervals; The subcommittee requested market data to support BURA's charge of $ 1,000 per dock. The only data offered was that Gull Landing residents had been charged this amount; and Whereas: At the end of the discussion, and after being assured that they would be consulted on any future waterfront developments - especially major housing projects, the Subcommittee recommended approval of the dock easement on the following conditions: 1. The easement agreement between the City of Buffalo and BURA have a term of 10 years, the same term as the agreement between BURA and 50 Waterfront Circle, LLC 2. That market data be presented to support the price that is charged per dock by BURA. Citing the $1,000 price per dock that was charged at Gull Landing is not sufficient market data 3. That reorienting the docks be discussed between the developer, Mr. Savarino and Arthur Klein and Andrew Graham from the Subcommittee, in an effort to integrate their constructive criticisms; Now, Therefore, Be It Resolved That: This Common Council support the easement agreement for boat docks at Waterfront Redevelopment Area A on the conditions listed above; and Be It Further Resolved That: This Council reaffirms its support of public access casements of up to 100 feet when City-owned land is sold or developed, and requests that copies of this policy, along with its recent resolution affirming its intention to provide public access at the water's edge for all future projects, be forwarded to the above listed bodies. RECEIVED AND FILED NO. 123 BY: Councilmember Richard A. Fontana Set Public Hearing - Urban Renewal Site Designation Seneca Babcock Area WHEREAS, the Office of Strategic Planning has recommended that the Common Council of the City of Buffalo designated the Seneca-Babcock Area as being eligible and appropriate for Urban Renewal treatment as defined in Subdivision 3 of Section 502 of Article 15 of the New York State General Municipal Law and has requested authorization to prepare such a Plan; and WHEREAS, the City Planning Board, upon conducting a public hearing held on due notice, did consider said Site Designation and approved the proposed Urban Renewal Site Designation at its Meeting of April 23, 2002, and did submit its report and unqualified recornmendations respecting said Site Designation to the Common Council; NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News and the City Record, no later than the 1st day of June, 2002;and 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:00 p.m. in the Common Council Chambers on June 11,2002. ADOPTED Page 55 02-0528a.txt NO. 124 By: Mr. Golombek and Mr. Franczyk Executive Director of Strategic Planning Whereas: Unlike any other period in the last 100 years, the City of Buffalo currently finds itself on the cusp of a potentially great revitalization, and Whereas: Coincident to this challenging period is an impending vacancy at the position of Executive Director of Strategic Planning. This turn of fate has given the City of Buffalo a substantial opportunity to fill the position with a candidate able to steward our city into the 21st century, and Whereas: The Executive Director of Strategic Planning should have a successful track record in urban planning that demonstrates ability and vision. The candidate selected should also have a working knowledge of distressed urban centers and the challenges that encumber those communities. The City of Buffalo Executive Director of Strategic Planning must also be willing and able to educate the general public, elected officials and local developers on successful models of urban planning, and Whereas: Experts in field of community planning, such as Anton Nelessen, recommend that a long term plan for the development of Downtown Buffalo be initiated by an individual whose past accomplishments have earned a significant level of acclaim amongst their peers, and Whereas: Heading into the 20'h century the City of Buffalo was heralded as one of the "Great Cities of the World". By selecting the proper individual to serve as the next Executive Director of Strategic Planning the City of Buffalo can start the 21st century on the path to re-establish itself once again as one of the "Great Cities of the World." Be It Resolved: That this Common Council recognizes that the next Executive Director of Strategic Planning will be integrally responsible for an economic and residential "renaissance" of the City of Buffalo during its most vulnerable juncture. The successful candidate must be able to discharge the duties of the position while showing both an informed respect of the City of Buffalo's grand history and a drive towards creating a new chapter of that great history, and Be It Finally Resolved: This Honorable Body offers its support and encouragement to the Mayor of the City of Buffalo as he endeavors to select the next Executive Director of Strategic Planning at this most critical point in the city's history. ADOPTED NO. 125 By: Mrs. LoTempio Re: Excuse Councilmember Thompson from Council Meeting. Whereas: Councilmember Antoine M. Thompson will be unable to attend the Council meeting on Tuesday, May 28, 2002, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Antoine M. Thompson from attending the Tuesday, May 28, 2002, Common Council meeting. ADOPTED NO. 126 Page 56 02-0528a.txt By: Ms. Martino Re: Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $ 100. 00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1 .William A. Goldbach, 288 Potters Road 14220 Claim for loss of garbage can at 288 Potters Road on 4-17-02. $12.99 .99 2.William D. & Barbara Goldbach, 35 Potters Road 14220 Claim for loss of garbage can at 35 Potters Road on 4-19-02. $16.99 3.Frankie L. & Eliza Jones, 272 Voorhees Avenue 14216 Claim for loss of garbage can at 272 Voorhees in May 2001. $8.56 4.Bambi Makowski, 302 Cumberland Avenue, 14220 Claim for loss of garbage can at 302 Cumberland on 5-7-02. $14.99 5.Nancy J. Manzella, 24 East Northrup Place, 14214 Claim for loss of garbage can at 24 East Northrup on 5-6-02. $15.00 6.Margaret McAloon, 72 Cleveland Avenue 14222 Claim for loss of garbage cans at 72 Cleveland on 10-15-01. $20.00 7,Tyrone Moore, 33 Wilbury Place 14216 Claim for loss of garbage can at 33 Wilbury on I 1- 19-01. $18.35 8.JoHeflen O'Riley, 107 East Amherst Street #D-20 14214 Claim for loss of garbage cans at 107 E. Amherst of2-11-02. $ 19.78 9.Marcia Rogers, 5 10 Linwood Avenue, 14209 Claim for loss of 3 garbage cans at 510 Linwood on 3-18-02. Page 57 02-0528a.txt $ 30.00 10. DeMario Washington, 95 East Amherst Street 14214 Claim for loss of 3 garbage cans at 95 East Amherst on 3-11-02. $ 21.49 11. Daniel E. Wixson, P.O. Box 88, Strykersville New York 14145 Claim for loss of six garbage cans at 436 Amherst Street in September 2001.$ 60.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. Passed AYES - 10 - NOES - 2 AYES - Bonifacio, Coppola, Davis, Fontana, Franczyk, Golombek, Gray, LoTempio, Martino and Pitts NOES - 2 Fisher and Grant NO. 127 BY: MRS. MARTINO UNION SHIP CANAL Whereas: On February 19, 2002, this body, as lead agency, accepted the Final Generic Environmental Impact Statement prepared by Development Downtown, Inc. as project sponsor; and Whereas- The action described in the project's Final GEIS is to return this formal industrial property to productive use through- infrastructure improvements, rezoning for appropriate industrial and commercial uses; and to create a waterfront park that provides access to the canal thereby enhancing surrounding property for commercial development; and Whereas-.Prior to undertaking these actions, the City must first comply with the State Environmental Quality Review Act (SEQRA); and Whereas:SEQRA required the City, as Lead Agency to issue a Findings Statement after a Final EIS has been filed, in accordance with 6 NYCRR 617.9; and Whereas:A Findings Statement must certify that all SEQRA requirements have been met,and provides written support for the City's decision, and Whereas:A draft Findings Statement is hereby attached. Now, Therefore, Be It Resolved: That this Draft Findings Statement be forwarded to the Union Ship Canal Subcommittee and the City of Buffalo Environmental Management Commission for their review and comment; and Be It Further Resolved: That the City of Buffalo EMC forward any comment or response to the Union Ship Committee; and Be It Finally Resolved: That the Union Ship Subcommittee prepare a Final Findings Statement for review and acceptance by this body. REFERREUTC THE COMMITTEE ON UNIONSHIP CANAL AND THE ENVIRONMENT MANAGEMENT COMMISSION NO. 128 BY: MR. ANTOINE THOMPSON DISPLAY BANNER FOR JUNETEENTH Whereas: The Juneteenth Festival, Inc. plans to hold the above event on Saturday & Sunday, June 15 & 16, 2002; and Whereas: To promote this event, Juncteenth Festival, Inc. has requested permission to display a banner on Fillmore Page 58 02-0528a.txt Ave. between Northampton & Best Sts., and Whereas: The organizers would like to display the banners from June 7, 2002 through June 17, 2002; Now, Therefore, Be It Resolved: That this Common Council grants permission to the Juneteenth Festival. Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES - 12 NOES - 0 NO. 129 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 Calvary CME Church By Councilmember Pitts , Michaux Felicitation for Reverend James Hemphill By Councilmember Pitts, Fisher, Michaux, 6ray, Thompson ADOPTED NO. 130 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, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Gavazzo, Deborah Rico, Diana Somma, Muriel ADOPTED NO. 131 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December .31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Atti, JulieCarducci, Grace Coppola, Alfred T.Coppola, Sylvia Coppola, WilliamFranczyk, Thomas Jones, AdrianLeister, Rebecca Perez, ValainePerez, Victor Provowzano, AngeloReid, Herbert St. Mary, KristinSpeech, Michele ADOPTED UNFINISHED BUSINESS NO. 132 LL INTRO 45 (2002)-AMEND ARTICLE 28 OF CHARTER-EXEMPT LIVING QUARTERS Page 59 02-0528a.txt (C C P# 174- 5 /14/02) Mrs. LoTempio moved that the Above item be taken from the table. Seconded by Ms. Grant CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES- 12 NOES- 0 NO. 133 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13"' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 4, 2002 at 9:30 o'clock A.M. Committee on FinanceTuesday, June 4, 2002 at 10:00 o'clock A.M. following Civil Service Committee on LegislationTuesday, June 4, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, June 5, 2002 at 10:00 o'clock A.M. Committee on EducationWednesday, June 5, 2002 at 2:00 o'clock P.M. Special Committees Union Ship CanalThursday, May 30, 2002 at 9:30 o'clock a.m. in in Room 1417 City Hall Streets ServicesMonday, June 3, 2002 at 10: 00 o'clock A.M. in Room 1417 City Hall. MBECMonday, June 10, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 134 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray.. the Council adjourned at 2:54 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #5 OFFICE OF THE MAYOR-201 CITY HALL MAY 23, 2002 Present:; Anthony M. Masiello, Mayor; D. McPherson, Asst. Corp. Counsel-2. Absent: Maurice Garner, Deputy Comptroller-; James W. Pitts-2 The Journal of the last meeting was approved. NO. I I transmit herewith the Pension Payroll for the Fire Pension Page 60 02-0528a.txt Fund for the month of May 2002 amounting to $13,550.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 The following annuitant was cancelled from the Fire Pension Fund Payroll: Caroline DeahnaDied 3/7/02 Received and Filed. NO. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 2002 amounting to $14,980.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 4 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 61