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HomeMy WebLinkAbout01-1226-SS1221 01-1226-SS1221.txt No. 24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 26, 2001 SPECIAL MEETING December 21, 2001 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 BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - 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: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Richard Fontana, Betty Jean Grant and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, , Karen Ellington, Charley H. Fisher III, Antoine Page 1 01-1226-SS1221.txt Thompson-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson, Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , 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 Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 26, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, , Coppola, Ellington, Fisher, Fontana, Golombek ,Grant, Gray, LoTempio, Martino, Thompson and Williams - 13. ABSENT - 0 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on December 11, 2001 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT Page 2 01-1226-SS1221.txt No. 1 Appointment of Member to the Buffalo Board of Ethics Pursuant to the powers vested in me by Section 12-19, Article 11, Chapter 12 of the Buffalo Code, I hereby appoint Gary L. Mucci, residing at 27 Tudor Place, Buffalo, New York 14222, as a member of the Board of Ethics for a term expiring September 4, 2003. Mr. Mucci is filling the unexpired term of Lourdes T. Inglesias, who has resigned. Gary L. Mucci 27 Tudor PlaceBuffalo, 14209 Mr. Mucci is an attorney and a Senior Partner with Saperston & Day, P.C. He has been in practice since 1972 and was a Law Clerk for the Honorable John T. Curtain, Chief Judge for US District Court of WNY. Mr. Mucci received his Juris Doctor in 1972 from Catholic University School of Law. He serves on various cultural boards and was a recipient of the 1983 National Conference of Christians and Jews Brotherhood Award and the William Paca Society Man of the Year in 1984. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Board of Ethics. Mrs. LoTempio Moved: That the above communication from the Mayor dated December 5, 2001, be received and filed; and That the appointment of Gary L. Mucci, residing at 27 Tudor Place as a member of the Board of Ethics for a term expiring September 4, 2003, be and it hereby is approved. Passed AYES - 13 - NOES - 0 No. 2 Request to carve inscription: Spirit of Womanhood The Buffalo Arts Commission has no objection to the attached inscription, proposed by the Women's Pavilion Pan Am 2001, Inc., to be carved on the rear of "Spirit of Womanhood's" granite pedestal. Simon Griffis, son, of I sculptor Larry Griffis, Jr~., has -also reviewed this proposal and indicate the artist's family has no objection (see attached). This work will be done at no cost to the City of Buffalo. Mrs. LoTempio Moved: That the above communication from the Buffalo Arts Commission dated December 20, 2001, be received and filed; and That the Common Council does hereby grant permission for the "Spirit of Womanhood" statue's granite pedestal to be inscripted as described in the above communication. Passed. AYES - 13 - NOES - 0 FROM THE BUFFALO PRESERVATION BOARD No. 3 ADOPTION OF FINDINGS STATEMENT DARWIN D. MARTIN HOUSE STATE HISTORIC SITE Please find enclosed a copy of the letter sent by the Buffalo Preservation Board to NYS Office of Parks, Recreation & Historic Preservation, the lead agency for this project, stating that the Board unanimously adopted the findings statement and the content of the Master Plan/Environmental Impact Statement (MP/FEIS) for the Page 3 01-1226-SS1221.txt above captioned property. Also enclosed is a copy of the Findings Statement prepare( by the NYS Office of Parks, Recreation & Historic Preservation. If you have any questions regarding the attached, please contact Thomas W. Marchese, Executive Secretary, at (716) 851-5029. AYES - 13 - NOES - 0 FROM THE OFFICE OF CITIZEN SERVICES No. 4 Response (Item #2, C.C.P. December 11, 2001)"Cit. Svs. - Monthly Report - Division of Citizen Services - Nov. 2001" 1.Attached for your information is a draft brochure. Please let me know if the district council members want their names listed. 2.Addressed above 3.I have contacted Tom Tarapacki, and will pursue the marketing of the "complaint line" on Public Access channels. Thank you for your suggestions and interest in improving our services to the citizens of Buffalo. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 5 Benderson Development Co. 2730 Delaware Ave. Accessory Pole Sign Item No. 48, C.C.P. 12/11/2001 The City Planning Board at its regular meeting held Tuesday, December 18, 2001, 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 101x91911 ground monument "ID" sign, which includes six 11411x5l multi-tenant panels to be located at 2730 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground monument sign conditioned on the background color of the advertising panels to be an off-white color or softer contrast than depicted on the rendering. The Planning Board approval is also part of the site plan approval. RECEIVED AND FILED NO. 6 D. Morgante 1116 Hertel Ave. Restaurant Expansion Item No. 51, C.C.P. 12/11/2001 The City Planning Board at its regular meeting held Tuesday, December 18, 2001, considered the matter captioned above pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to expand an existing restaurant with the construction of a 101x151 addition and a 81x8l entrance vestibule at 1116 Hertel Avenue. The Planning Board voted to recommend approval of the Page 4 01-1226-SS1221.txt proposed expansion of the restaurant conditioned on the commitment from the applicant to create a landscaping area along the front property line after completion of the public works street and sidewalk reconstruction. RECEIVED AND FILED NO. 7 Tim Horton's Restaurant 2207 Niagara St. Accessory ground Sign Item No. 64, C.C.P. 11/30/2001 The City Planning Board at its regular meeting held Tuesday, December 18, 2001, 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 51811x81911 ground '"ID11 sign in addition to a 2' brick base to be located at 2207 Niagara Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground monument sign. The Planning Board approval is also part of the site plan approval. RECEIVED AND FILED NO. 8 Benderson Development Co. 3470 Main St. Accessory Monument Sign Item No. 49, C.C.P. 12/11/2001 The City Planning Board at its regular meeting held Tuesday, December 18, 2001, 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 121x1119" ground monument "ID" sign, which includes two 41x6l multi-tenant panels to be located at 3470 Main Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground monument sign conditioned on the background color of the advertising panels to be an off-white color or softer contrast than depicted on the rendering. The Planning Board approval is also part of the site plan approval. RECEIVED AND FILED NO. 9 Union Ship Canal Draft GEIS Item 191, C.C.P. 10/30/2001 The City Planning Board at its regular meeting held Tuesday, November 20, 2001, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board. The City Planning Board was is asked to comment on the Draft Union Ship Canal Generic Environmental Impact Statement. The following are excerpts from the Planning Board edited draft meeting minutes from their November 7, 2001 and November 20, 2001 meetings along with individual written comments from board member Cynthia Schwartz: November 7, 2001, Item E-19 meeting minutes excerpt; Page 5 01-1226-SS1221.txt Mr. Grillo noted the following: that the Common Council referred the Union Ship Canal Draft Generic Environmental Impact Statement (GEIS) to the City Planning Board and asked that the Board submit comments on it; that the Board members were in receipt of the document; that the Board's comments would be used as part of the SEQR process to be incorporated into the final draft and possible recommended changes in appropriate city ordinances; that the Board members had received a copy of the draft GEIS; and that Councilmember Martino, the project sponsors-BERC, and Mr. Mark Tytka-a principal of one of the consulting groups involved-were present to speak on the matter. Mr. Tytka's consulting firm is one of the firms that helped place some of the proposed zoning changes along with a lot of the environmental work that had gone into this process and the project, and one of the firms working on the development of the street design, etc, Mr. Grillo reported that he had hoped the Board members had the opportunity to review the document, that they had some of their comments already written, and that would make it easier for staff to get the comments in a form presentable to the Common Council as quickly as possible. He reported also that the sponsors were looking for comments rather than a question and answer period, since those involved were trying to get the SEQR process finalized by December so they could move on, and zoning or subdivision language would subsequently follow. And that there had been required public meetings held that were more of a question and answer type period. He pointed out that this was the Planning Board's chance to interject their comments, Mr. Bums asked for a statement as to what the environmental impact study represented and what conclusions were to be drawn, Mr. Peter Cammarata, of BERC, informed the Board that the generic EIS, which the project is currently engaged in, is part of the SEQR process. He reported that the draft before the Board included a zoning ordinance change for the 275-acre boundary from Tifft Street on the north, the Lackawanna City Line on the south, the railroad on the east, and Route 5 on the west. That they would like to have the draft generic environmental impact statement completed by December, the finding statement by the end of April of next year, and then move forward to construction. Currently they are gathering all the input they can to produce the final GEIS document, They are working with the Common Council as the lead agency in this process, which Mr. Cammarata noted, was a little different for a project of this size. He noted also that the Councilmember had worked well in moving the process through; a unique example of what may occur regarding the Peace Bridge process. Mr. Cammarate informed the Board that the document looks at all the conditions of how the project may affect the enviroment- -noise, etc., and all the different issues that are involved in an environmental review. The Board asked what zoning the sponsors were seeking to change the area to. Mr, Cammarata responded that the zoning would not change on the entire area, but they were proposing some restricted uses. As the development moved forward to becoming a mixed-use facility--flex office space, light industrial, they would like to assure no more junkyards are added to the mix. Also, there are housing issues that are involved in the entire South Page 6 01-1226-SS1221.txt Buffalo Redevelopment Plan that they would like to make sure did not get included in this project. The Board asked if he had a list and Mr. Cammarata responded yes and that it was in the document. The Board noted that, in reading the document, Recta was one of the subcontractors, and that Recra is now out of business. The Board asked how that affected the testing of certain material at the site, and what if in the future there are questions and those involved is out of business. The Board asked how that would be dealt with, Mr. Cammarata noted that Recra was involved very early in the process in 1988. He pointed out that there was a grid in the document that indicated additional testing that was performed. Since the time that Recra was involved, three different processes have taken place; there is a voluntary clean-up program on parcel 1, a separate voluntary clean-up program for parcel 2, and a bond act program for parcel 3 and all of it is being covered through programs with D,E.C.. Mr. Cammarata noted that his group has met with D.E.C, on a monthly basis. Some of the Recra information is being used as historical but the more recent contractors have covered that grid over again. Mr. Cammarata reiterated that the council had set up a separate subcommittee to review the process for Union Ship, to make sure that the SEQR process was followed and that all the steps were being covered. The subcomritittee was actually involved on a monthly basis in meetings that Councilmember Martino chaired, The Board asked if there are any members of the public who were part of that committee, or if it was strictly a council committee. Mr. Cammarata responded that the meetings were public and open to anyone who wanted to attend. He noted that those particular meetings were in addition to the regular public hearing process that has taken place as part of the regular SEQR process. The Board asked if there had been any public meetings in addition to what was noted in the document. Some Board members considered the meetings listed in the document as scoping sessions, noting that one list indicated basically city officials in attendance and the second list indicated at best a hand full of people. Mr. Cammarata informed the Board that there had not been any additional meetings held to this point but that there are approximately three more on the schedule. Mr. Tytka further explained, noting that a 10-day public review period will be held (which follows the completion of the final GEIS before the finding statements can be written and submitted). That period is being extended for a 30-day period to allow for a longer review period, and that will be coordinated with a review period with the New York State Department of Environmental Conservation. Mr. Tytka indicated that they would nin their final review period concur-rent with the NYSDEC's 30-day review period for the voluntary clean-up agreement. Both pieces will be on the table for the public to consider. Mr. Tytka informed the Board that there have been written statements received from the public from people who did not attend the meeting. Some Board members concluded that a real public review had not taken place, since the sign-in sheets in the document indicated only an approximate dozen people, The Board informed the representatives that this was a big project for the city with long-term ramifications. Page 7 01-1226-SS1221.txt Mr. Cammarata reported that the public events had been well advertised in the local neighborhood papers, The Buffalo News and Business First. Councilmember Martino added that she invited residents from South Buffalo to attend the meetings. She pointed out that the project area was segregated from the residential area. That it was an area the residents think will never be redeveloped. And because the project area is not close to the residential sections of the district, the residents are not as concerned and tend not to come out. Board members had concerns about the proposed access to the project area and wanted to know what would be done about the access. Mr. Cammarata pointed out that the access would be improved because of the project. They will cut through the cul-de-sac located at the back of the Lackawanna/Steelawanna facility and access to the project area would be gained off Ridge Road, through the cul-de-sac and into the development in question. Also, access will be gained through Commerce Drive from two directions. The Board noted that the revised document before it, was completed in July and that this was the first time the City Planning Board had seen it, The Board asked if there was a reason why there had been such a delay in the finished document and the Board's review. Mr. Grillo replied that it was something staff had tried to resolve much quicker and that there had been an in-house discussion as to whether it was ever referred to the Board in the past, and with all of the investigation, it never came before the Board, Councilmember Martino informed the Board that there had been a number of these documents delivered over a period of time that never made the Planning Board agenda, The Board reiterated that this was one of those issues where this is a huge project with long-term ramifications, that it is at the I I'h hour, and that it was an unfortunate procedural glitch that the Planning Board received the document at the end of this process rather than at the belinning. It was noted by Board members that review of the document and commenting on it involved the undertaking of a fairly large decision, a decision that has real impacts on this redevelopment as well as perceptual plans in the future for abuttino waterfront lands. The Board noted also that this was something he Board should be able to give more time than perhaps the process will allow for this project. The Board questioned why a special development plan was not sought, instead of leaving the land zoned M3 and narrowing the uses that would be allowed, so that the area would not become the same as it was. Mr. Tytka responded that a special development plan would be sought as the tool for implementing new zoning. Some of the uses that typically would be allowed in N43 would be kept, such as, some of the light industrial uses. Three new sub-districts would occur through a special development plan for this project. One is for light industrial manufacturing-the outer ring, bigger box type development; a closer in-ring which is more of the commercial flex based product development; and an open space area that will be around the Union Ship Canal itself-approximately a 22-acre public space. The document identifies the specifics of the plan, in terms of where the zoning classifications are located on the site, where the land use patterns would be based on the zoning, page 2-42. Mr. Tytka gave the following information. The generic environmental impact statement has the specific Page 8 01-1226-SS1221.txt purposes of allowing the city to transfer property to DDI for future development, and for the city to invest money in public infrastructure-roads, water, sewer-to allow the development to occur. Also, to allow the zoning ordinance to be adopted by the common council. It is generic because there are issues that are more long-term and that enough is not known about, and those would be addressed as supplemental environmental impact statements as the project goes forward. information regarding issues on the voluntary clean-up agreement and bond act and programs for which there are some ideas direction will be part of final generic EIS to the degree that the information is available. As more information become available and is appropriate there will be supplemental environmental impact statements. There is a conceptual design for the road. As the voluntary clean-up agreements move forward, and some of the geo-technical issues in terms of where the old building foundations are and the like, those road systems will be designed and put into place. There is a conceptual plan of how the road alignment will lay out but it may be modified as to the types of development and where the smaller access roads would go off the main spine roads and how the geo-technical considerations will affect that, In terms of the specific uses, Mr. Tytka informed the Board that there are no tenants identified yet for the site but as they are they will come before the Board for site plan approval as required under the city ordinance. Mr. Grillo asked if there would be a subdivision at some point. Mr, Tytka reiterated that there would be. He informed the Board that a subdivision plan would be premature at this point, due to the road alignment, the geo-technical issues that are currently being studied on-site that need to be resolved, and the need to resolve the environmental testing, which is hoped to be completed by the end of the year; at which time a subdivision plan could be filed, It was the consensus of the Board that a field trip to the site would be worthwhile and fair to the Board with respect to any comments the Board would make. Mr. Tytka agreed. The Board pointed out that there were some interesting floodplain and wetlands issues. The Board asked what protections would be in place for the floodplain and the wetlands, the hydrology in the area and the bordering natural wildlife corridors if the plan and the zoning were approved, Mr. Tytka responded that with respect to the wetlands, the zoning ordinances establish a 100-foot buffer and no development would be allowed within 100 feet of a designated wetland. A number of the currently held wetlands are on privately held property. Phase I of the project involves property that is owned by the city, which is where the initial road infrastructure would go, which is located at the south end of the site. Most of the larger wetlands are at the north end, Regarding the issue of floodplains, Mr. Tytka responded that best management practices would be used for working in the floodplains. Mr. Tytka noted that they have to resolve an issue with the D.E.C. as they move forward regarding the meshing of remedial work programs for the environmental conditions on the site with the floodplain issue. He noted also that there is a discussion about a cap of clean fill being brought onto the site. To do that, the grading of the site would be raised which means a couple of the state agencies would have to coordinate it. The wetlands group has to coordinate that with the remedial group, Meetings are held monthly with the D,E.C., the Page 9 01-1226-SS1221.txt Department of Health, the City of Buffalo, and Erie County to work through these issues. The Board informed the agents that there might also be some view-shed issues, Mr. Tytka remarked that the zoning document did address views to the water and to some of the scenic areas of the development area. And that there were some specific details in the zoning ordinance that address the treatments of the tops of building roofs so that people riding over the elevated section of Route 5 are not looking at large air handling units. The Board asked if design standards for the buildings would be in place so that there would be a coherent appearance. Mr. Tytka replied yes and that they are included in the zoning ordinance. Mr. Cammarata added that in addition, their efforts are being coordinated with Erie County because Erie County was preparing its I 00-acre development on the Bethlehem Steel site and they want the two to be complementary. Referring to the South Buffalo Redevelopment Plan map, Mr. Cammarata indicated the Union Ship Canal area. He informed the Board that that particular plan originally included 1400 to 1600 acres, including the entire LTV site plus, coming cross the tracks to the Union Ship Canal site. The Hydroponics facility was built. Between the litigation with LTV and Hickory Woods, and everything on the upper portion, and at the same time the city being able to acquire the property immediate south of the canal, Mr. Cammarata noted that it made sense to change the focus from the bigger picture to something that was felt to be more manageable--275 acres instead of 1400 acres; and especially because of the land ownership issues. Mr. Cammarata noted also that the GEIS is was for the 275 acres, but that they were concentrating on phase I-the first 80 acres immediately south of the canal. Councilmember Martino commented that they wanted to maintain some control over what would be allowed on the site. She considered it a great opportunity for the City of Buffalo and if done properly, she felt it would jump start the economic growth in the area. Mr. Cammarata informed the Board and staff that they hope to start construction on the infrastructure around July 1, 2002, Mr. Tytka noted that they were working also with the Army Corp of Engineers. The Board asked what was the funding source for the project. Mr. Cammarata noted that the main funding was coming from the state, $10,000,000 had been promised for the project from Governor Pataki's Office, The first $4,000,000 of that would be approached through the multi-modal funds. The second portion--$3,000,000-would come in through when the tenants start to come in through the Industrial Access Program. The third piece-the next $3,000,000-has not been identified as to what state source it would come from. Mr. Cammarata added that DDI, BERC was funding a considerable amount of the due diligence work that is currently happening. The county so far as put $300,000 in and they have promised $1.5 million towards the project. Also, the -county monies have provided for some early matches, such as the bond act for parcel 3. The Army Corp of Engineers was at the site perfortiting some testing on the walls and some sediment testing in the canal which afforded the sponsors to get involved in the Corp's Public Assistance Estates Program and the county provided the match for that, 50%. City capital funding is also involved. The Rebuild Now New York Program has been applied for also, for parcel 2, Page 10 01-1226-SS1221.txt and the state is funding a portion of the investigation for parcel 2. The Board asked what was being done to mitigate the water contact around the stretch that is being defined as potential recreation zone. Mr. Cammarata informed the Board that it has changed from what was indicated on the South Buffalo Redevelopment Plan map. The original thought of doing a small marina in the area is no longer the case, and the walls, as they are, would remain in tact. The would like it to be more of a promenade as far as the open space was concerned, with railings at the walls, a walkway, a bikeway, benches, lighting, etc., and they are in the preliminary design for the promenade. Direct access to the water would not be encouraged. When asked by the Board if there would be boating access, Mr. Tytka explained the problem with boating access, noting that, when the Father Baker Bridge was demolished, a replacement bridge was constructed that limits the types of boats that could be used in the canal. Powerboats can make their way in. Also, the New York State Department of Transportation constructed a bicycle bridge across the canal connecting Buffalo and Lackawanna. That bridge has a clearance of approximately 5 feet above water level. The Board expressed concern that the applicants would not re-mediate to the point where they could mitigate that issue. The Board expressed that direct contact with the water should not be encouraged because of the sediments in the area. Councilmember Martino informed the Board that the water was not easily accessible and that with interesting fencing along the canal area direct contact could be avoided. Councilmernber Martino encouraged the Board to tour the area. Mr. Grillo reminded the Board that the matter was referred to the Board for the Board's comments, Mr. Catrimarata stated that they were looking to wrap up the cornment summary so they could move the GEIS from the draft stage to the final GEIS stage as soon as possible. He planned to meet tomorrow with their team to finish the process of bringing all the comments together. He informed the Board also that when the document came out in July, the Councilmember's conunittee sent the document to all the different city departments for review and it was their thought that the document was being reviewed. Councilmember Martino added that she hand delivered a second copy. Discussion was held regarding touring the area, The Board held a lengthy discussion regarding when the Board would submit its comments. Some Board members stated issues they considered not clear in the document and wanted to visit the site prior to making continents. Some Board members stated their desired for the Board to make comments today and wanted the opportunity for the Board to amend its comments after visiting the site. Ms. Schwartz moved to table this item to give the Board an opportunity to visit the site and to have comments at the Board's next meeting, seconded by Mr. Bums. Ayes: Ms. Schwartz, Messrs. Bums and Berg. Nays: Ms. Hoyt, Mr. Lyons. Motion failed. Ms. Schwartz informed the Board that the EMC had only recently received the document also and still had to comment. Ms. Schwartz offered a new motion to table the matter, seconded by Mr. Bums. Mr. Cammarata, commented that this was the first that he was aware they would be receiving comments from the EMC, since they Page 11 01-1226-SS1221.txt were told that would not be the case, It was agreed that the Board would tour the site next Friday, November 9, 2001, that members of the EMC would be invited, and that Mr. Camniarata and/or Mr. Tytka would meet those attending at the information desk in City Hall at 3:00 p.m. The motion was carried. November 20, 2001, Item C-12 meeting minutes excerpt; It was noted that Mr. Peter Cammarata, of BERC, and Mr. Mark Tytka, of Parsons, were present. It was reported that Mr. Bums and Ms. Hoyt had toured the site since the Board's last meeting, They entered the site from the Buffalo side; they stayed on the upper side of the canal and toured the buildings and the entire area. Ms. Hoyt reported that it was not clear to her still as to what was the easy access from the site to Route 5. Mr. Cammarata explained that both entrances to the site would be from Lackawanna. Coming off the Ridge Road Ramp, one could proceed to the right underneath the bridge and enter the site from Commerce Drive, or one could make a left hand turn coming off the ramp and proceed to the access road for the Lackawanna developments and proceed to Commerce Drive at the other end. The Board asked if there had been any discussions with Lackawanna regarding the city building something that would require access through Lackawanna. Mr. Carnmarata informed the Board that there have been discussions with both the City of Lackawanna and Erie County as far as the access. And that this particular site was one of only two sites in the state to receive "Rebuild Now New York" designation. One of the keys for that was accessibility. The Board thanked the agents for their time and hospitality in structuring the tour, The Board was provided copies of comments from the Environmental Management Commission by Ms. Schwartz. She noted that the EMC's comments were primarily procedural and that they expressed concerns about the lack of notification of participation to the EMC at the initiation of the EIS process. Ms. Schwartz reported that she had reviewed the document in some detail and had a number of questions and issues. She suggested that she could put those questions and issues writing. Ms. Schwartz noted that, in reading the document it was basically a cap and fill approach to remediation and that it would be difficult for the City Planning Board and the EMC to comment fully without a remediation plan. Also, that the lack of such a plan made it difficult to define use. On page 326 of the document before the Board (first paragraph), Ms. Schwartz made the editorial note that the area discussing color and texture mentioned three color texture and material changes, rather than or material changes, which she stated clearly changed the mandate of the zoning. She pointed out that in a later section it did state "or". The concern was that the project clearly appeared to be headed towards a remediation for industrial/light manufacturing use when the document constantly referenced public access, trail ways and fishing. Ms. Schwartz reiterated that without a remediation plan it was difficult to read something that included public contact and usage in a plan that was headed towards a voluntary clean up that was designed for manufacturing use, Ms. Schwartz noted that the deed restrictions indicated there could be no day care or residential. She suggested that schools and playgrounds should be added to that list as well. Page 12 01-1226-SS1221.txt On page 15, under open space, Ms. Schwartz noted that there appeared to be some contradictions in the terms, since the document specifically cited parks and playgrounds and fishing. Mr, Cammarata explained that, because there are three different parcels that are involved in three different clean up programs, the open space parcel, which would be the 200 feet immediate around the canal, will have specific criteria as far as the clean up is concerned that would be different from the others. Ms. Schwartz pointed out that the document stated that parcel 1 and parcel 2 would be treated similarly. She suggested that if parcel 2 is the Union Ship Canal and parcel 1 is basically cap and fill, there needed to be a definition that parcel 2 would be treated differently if it is to be open space. Mr. Cammarata stated that parcel 3 would be the open space and that parcels 1 and 2 combined would be the development of the commercial district. Mr, Tytka pointed out that the property owned by the city, which is phase 1, had been broken into four parcels. Parcel I is the old railroad yard; parcel 2 is the plant itself, which constitutes phase 1. Parcel 3 is the 22 acres around the ship canal-the 200 feet on the north side, the eastside and approximately 250 feet on the south side, which is the public space, the passive recreation. Parcel 4 is the remaining parcel of land north of the ship canal and the open space; it is not included in phase 1. Ms. Schwartz asked if parcel 3 was the land the county has noted is not open to voluntary clean up but already is under the New York State Bond Act, Mr. Tytka replied that the parcel is under a bond act program for investigation at this point with the county, Mr. Cammarata added that it was a city application funded by the county. Ms. Schwartz asked if that should be a correction to the document and the agents responded that they would look at it to make sure it was addressed correctly. The agents pointed out that there was a phasing map and a parcel map. Ms. Schwartz suggested that the wetlands should be separately called out so that there is no confusion about future use, Mr. Tytka advised and cautioned the Board that this was a sensitive area, since one would get into the potential ground of "taking" if an open space area was applied to private property that has been called out and divided into separate zoning classifications based on land classifications. Ms. Schwartz asked if, when the Board approached the review of the site plan, there would be the possibility of the Board to call out the area on the site plans as natural preserves, etc. The agents responded yes. Discussion was held on design issues, Ms. Schwartz suggested that if chain link fencing was used that the color should be black, since it tends to disappear into the landscape, instead of green. She suggested also that there be a district standard in fencing to promote consistency and to avoid variations of fencing on the site. Ms, Schwartz suggested a mandate that dumpsters be inside loading docks or in a built structure attached, to avoid screening in a parking lot with random dumpsters. She noted that this was all part of the zoning that is part of what was detailed in the document before the Board. The Chair reminded the Board and the agents that the Board had previously suggested that the project be developed under a special development plan rather than have detailed zoning regulations into the document before it. Page 13 01-1226-SS1221.txt Mr. Grillo remarked that over time staff had conveyed that sentiment to the consultants and representatives of BERC and DDL Mr. Grillo suggested that the route to go would be to ask for a rezoning from an M3 to perhaps a CM zone, and add the uses wanted, taking out those not wanted within that special development plan and attach specific design guidelines to that particular area. Mr. Grillo noted that there were other recommendations in the document that were contrary to other existing city ordinances, He noted also that the Board's comments would be part of the public comment period with regard to the SEQR process and that the actual final zoning amendment proposal would occur ftom the final document. The document before the Board today is a recommendation and a proposal but that it was not the final document that has to go through the Common Council once again and the Law Department and the Planning Board. Mr. Grillo informed the Board that with a combination of a special development plan, and a subdivision control ordinance, along with whatever deed restrictions that would be placed upon the property by the sellers of the property-DD1, there would be ways of controlling the uses and the design standards, rather than trying to recreate a brand new zoning ordinance. Mr. Grillo recommended that the Board communicate to the Common Council and the developers that a cleanup plan be approved by the DEC before any development occurred and that the clean up plan match proposed uses that the developers would like to see at the site. Ms. Schwartz stated that she did not disagree with the conclusions and that she agreed that the proposed use at the site was on target. She reiterated her concerns about the process of how the project was so deep and so close to actually starting work on the site before the City Planning Board and the EMC Board had an opportunity to review and comment as required. Ms. Schwartz informed the Board and the agents that, as she read the document and as she read what was being proposed in the zoning, she saw a suburban industrial park being put on the waterfront, Ms Schwartz suggested that one of the things that could be done that would make the site unusual and unique to Buffalo is to demand that the landscaping and the siting be sensitive to where the project site is located, which is next door to Tifft and across the street from the beach. She suggested natural plantings and features that are more compatible with a site on the waterfront and sensitive to Buffalo's waterfront. Ms. Schwartz stated that she would prefer to see the landscaping plan revisited so that the site did not end up as a suburban site, as what is being recommended in the document, but rather a Buffalo site and one that is different but Buffalo. Ms. Schwartz noted that there was a list of other small concerns that the Board would receive from her in writing. She expressed a concerned that this huge development plan was at this point with relatively no public input, even though the effort was made and there had been advertisement. She expressed a concern also, and made an editorial comment, that when people finally realized some development was going to take place at the site the sponsors would get the laundry list of citizen complaints that they were never aware of what was taking place and that they never had the chance to comment. She preferred to see the comprehensiveness and cohesiveness of the project so that people would understand what was happening, and Page 14 01-1226-SS1221.txt to avoid a battle each time the Board would review a site plan for the site. She agreed that a special development zone would be appropriate. Mr. Grillo informed the Board that he would edit the transcribed draft of this item that was before the Board two weeks ago and take that, in addition to the written comments that will be coming from the Board members, and the comments from today's meeting, edit them and put them in the form of a communication to the Common Council as part of the public record of the City Planning Board's comments with regard to the SEQR process. Mr. Bums moved to communicate to the Common Council the Planning Board's comments, seconded by Mr. Lyons. Motion carried. The following are specific written comments from Cynthia Schwartz which arrived after the November 20, 2001 Planning Board Meeting Comments specific to the GEIS document: Public outreach efforts may achieve letter of law but certainly not spirit. The dismal response to public notification should have prompted an alternate effort to obtain reasonable public input from interested parties, including citizen based environmental/open space groups, the Buffalo EMC, the Buffalo Planning Board, and related research/planning departments at Buffalo State and UB - this is not strictly a neighborhood issues for nearby So Buffalo residents. Public meetings that discussed potential use of this site as part of a larger, former conceptual proposal for South Buffalo are totally inadequate to meet the requirement for public input on this much more site specific plan. The lack of a proposed remediation plan makes it impossible to intelligently comment on the proposed zoning changes. It also deprives the public of a fair comparison of the real cost of a "complete" clean-up for desired uses such as residential or recreational versus a less intense approach for reuse as an industrial, manufacturing site, thus opening the door to potential second guessing of the wisdom of any and all future developments. There is also no discussion of the varying levels of clean up required for the open space/recreational site as opposed to the manufacturing zone. Are these compatible? What mitigating efforts need to be employed at the borders of these two areas? Does open space mean water and/or soil contact activities? If yes, the requirements for a "non-migration barrier or strategy" need to be addressed. If no, what design criteria will be used to prohibit/discourage such contact? The GEIS calls for deed restrictions for day care centers and residential development. Playgrounds and schools should be added to this list. The GEIS finds no adverse environmental impact based on air, noise, traffic impacts compared to when the land was in active use as a foundry and steel manufacturing facility. However, that use was abandoned at least 25 years ago and therefore these issues and others should be evaluated based on the decades long status as abandoned land, While the proposed uses would be less degrading than prior uses, they are definitely more intrusive than the current conditions and should be assessed as such, The protection of view sheds and compatibility with adjoining uses is not as well defined as they should be - wetlands neighboring Tifft Farm and near "Gallagher" beach are an important feature to retain and protect. While DEC regulations should provide wetland protection, it would be far preferable to specifically callout the permanent protection of these areas and the water table that feeds them. Page3- '16 Page 15 01-1226-SS1221.txt - design criteria, line 11 ... a repeating pattern with no less than three color, texture, OR (not and) Proposed Zoning Page 15 - includes parks, playgrounds and fishing - completely incompatible with a plan that would exclude day care centers and residential development due to environmental concerns! But includes on Page 3 public access trailways inviting the public and neighborhood children into the site. (Anotherfailing of not having the remediation plan detailed prior to developing the zoning regulations) While the plan calls for significant set backs from access roads, it allows building virtually to the property line abutting open space (15'). A larger set back from the open space boundary (which is truly the public space) to allow for landscaping and/or fencing should be employed with a slightly reduced set back from roads. Page 23 - Reconsider allowing any chain link fence - but if allowed black coated (not green) should be required. This is an opportunity to define an esthetically acceptable, consistent fence design for the district - compatible with both the need for security and the waterfront environment even if it means some level of subsidy for added cost. Page 25 - Landscaping, as proposed, is suburban business park. This is an opportunity to employ natural plantings that can withstand winter winds and temperatures AND set the district apart from every other business park in the region and country. Let's make a statement that this is something uniquely Buffalo - not Centerpoint South. Page 35 - Dumpsters - Prohibit exterior (parking lot) dumpsters. Require that buildings incorporate dumpster space INSIDE loading docks or in structure built at rear of building specifically for that reason. In an undeveloped, open area with every design option open to us, fenced parking lot dumpsters should be prohibited. Page 43 - Standing water - while the intent is clear, as worded it is contradictory to the desire for water features. Needs to more clearly define the grading of parking lots and landscaping to eliminate pooling/standing water from rain and/or runoff. Height restrictions should not apply to windmills - in addition to encouraging solar power, companies should be encouraged to take advantage of wind power in this location. REFERRED TO THE SPECIAL COMMITTEE ON UNION SHIP CANAL FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 Abandonment and Sale Dead End Portion of St. Joseph's Alley Approximately 20'x 103' The Office of Strategic Planning, Division of Real Estate, has received a request from Keith Griffin of 69 Drexel, Buffalo, New York 14214 to purchase the dead end portion of St. Joseph's Alley (approx. 20' x 103). Mr. Griffin would like to obtain ownership of this parcel of land for security purposes and to prevent illegal dumping and loitering The Division of Real Estate has contacted Land Use Planning, Sewer Authority, Public Works and the City Planning Board and they have indicated that they have no objections and/or conditions to the abandonment and sale of the dead-end portion of St. Joseph's Alley. The Buffalo Board of Education has also been contacted since they own the land to the south of the Alley and they have indicated Page 16 01-1226-SS1221.txt they have no objection to this sale. Mr. Griffin has also obtained consent from the other adjoining property owner, Mr. Samuel James, who owns the property to the east of the alley at 73 Drexel and he has indicated that he has no objection to the abandonment and sale of St. Joseph's Alley. However, after the official closing, the abandonment of that portion of St. Joseph's Alley does not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27-5 of the City Charter. Should you approve the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review board of the City. They results of our negotiations will be filed with Your Honorable Body for final approval. I am, therefore, recommending that Your Honorable Body approve the abandonment and sale of the dead end portion of St. Joseph's Alley (approx. 20' x 103'). REFERRED TO THE COMMITTEE ON FINANCE, CITY PLANNING BOARD AND THE COMMISSIONER OF PUBLIC WORKS No. 11 Abandonment and Sale Booth Alley Lot Size: 11'x300'Between Michigan and Elm Streets The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Edward Flammer of Bates Jackson, Inc. to purchase a portion of Booth Alley to accommodate the expansion of their building and business located at 133 South Division Street. The expansion of the building will consist of the addition of a 1 -%-story structure to the back end of their building to accommodate a new printing press. The total area of Booth Alley to be acquired by Bates Jackson is approximately 45'x 11'. The Division of Real Estate has had preliminary discussions with all three owners and will enter into a purchase agreement with them to acquire the portion of Booth Alley that abuts their respective properties. Mr. Karman and Mr. Sandoro have agreed to the abandonment and sale of the portion of the alley behind Battes Jackson's Building. The remainder of the alley will be offered to the two adjoining owners, Mr. Michael Karam who owns parking lots at 138 Swan and 139 South Division Streets and Mr. James Sandoro who owns the building and lot at 158 - 162 Swan Street. Therefore, I am recommending that Your Honorable Body authorize the Division of Real Estate to enter into negotiations with the above mentioned property owners to finalize the abandonment/sale of Booth Alley. The results of our negotiations/agreements will be filed with Your Honorable Body before the final abandonment and closing can take place. REFERRED TO THE COMMITTEE ON FINANCE, THE CITY PLANNING BOARD AND THE COMMISSIONER OF PUBLIC WORKS No. 12 HUD REGULATIONS PERTAINING TO USE OF CDBG Page 17 01-1226-SS1221.txt TO FUND RELIGIOUS ACTIVITIES AND/OR ORGANIZATIONS The following information is provided to inform Your Honorable Body of the HUD regulations relating to use of Community Development Block Grant funds. Please feel free to contact this office if you need further information or clarification. 570.200 General p9lici . (j) Constitutional prohibition. In accordance with First Amendment Church/State Principles, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBG funds. (1) CDBG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph 6)(2) of this section with respect to rehabilitation and under paragraph 0)(4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBG funds at no more than fair market value for a non-religious use. (2) CDBG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereof) that is to be improved with the CDBG assistance has been leased to an existing or newly established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under paragraph (j)(2)(vi) of this section to the recipient or subrecipient from which the CDBG funds were derived. The lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secul purpose, e.g., homeless shelter, provision Page 18 01-1226-SS1221.txt of public services. In such case, the religious entity must agree in the management contra to carry out the secular purpose in a manner free from religious influences in accordance with the principles set forth in paragraph 0)(3) of this section. (3) As a general rule, CDBG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG funds are derive that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such service. or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (4) Where the public services provided under paragraph 0)(3) of this section are carried out on property owned by the primarily religious entity, CDBG funds may also be used for minor repairs to such property which are directly related to carrying o the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for the public services. [53 FR 34439, Sept. 6, 1988, as amended at 54 FR 4703 1, Nov. 8, 1989; 57 FR 27119, June 17, 1992; 60 FR 1943, Jan. 5, 1995; 6( FR 17445, Apr. 6, 1995; 60 FR 569 10, Nov. 9, 1995; 61 FR 11476, Mar. 20, 1996] REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL No. 13 Renew Lease Agreement between the City of Buffalo and The Massachusetts Avenue Project, Inc. For Use of 378 Massachusetts Avenue Item No. 2, C.C.P. 1/26/99 Pursuant to Item No. 2, C.C.P. 1/26/99 Your Honorable Body authorized a lease agreement between the City of Buffalo and the Massachusetts Avenue Project, Inc. for the use of 378 Massachusetts, excluding the pool area and dressing room. This lease commenced on January 1, 1999 and expires on December 31, 2001. The Division of Real Estate has received a letter from the Massachusetts Avenue Project, Inc., Ms. Tamara Rothaus, Project Manager, requesting to renew their lease for an additional two year period under the same terms and conditions as their present lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional two-year period commencing on January 1, 2002 and terminating on December 31, 2003. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 Results of Negotiations 1721 Genesee, 63.60 Rapin Place Page 19 01-1226-SS1221.txt Vacant Lot: 63' x 115' Assessed Valuation: Land $ 7,800 Improvement $38,200 Total $46,000 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1721 Genesee Street from Pastor Nancie L. Gravely of St. Mark Full Gospel Church, 908 Jefferson Avenue, Buffalo, New York 14204. Pastor Gravely intends to rehabilitate the building and use as a church. The property consists of a 4,500 square foot building situate on a lot 63' x 115'. The Church has provided the Division of Real Estate with a plan to rehabilitate the building and proof of their financial ability to complete the purchase and repair. The office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz, appraiser, 360 Delaware Avenue, Buffalo, New York 14202. He has estimated the value of the parcel to be Three Thousand One Hundred Dollars ($3,100). The Division of Real Estate concurs with the estimate of value. The results of our negotiations are that Pastor Nancie Gravely has agreed and is prepared to pay Three Thousand One Hundred Dollars ($3,100) for this parcel. She 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 1721 Genesee Street to Pastor Nancie Gravely of St. Mark Full Gospel Church in the amount of Three Thousand One Hundred Dollars ($3,100). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEEE ON FINANCE NO. 15 Transfer of Title, Urban Homestead Program 71 Drexel (City Owned-vacant lot, dimensions V x 103') The Office of Strategic Planning has surveyed the city-owned vacant lot at 71 Drexel Road, Buffalo, New York 14210, parcel is 33' x 115' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Keith Griffin residing at 69 Drexel Road has indicated that he will clean, improve and maintain the ( lot in the event that he obtain 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 that the city-owned vacant lot to be designated as a Homestead Property, and be transferred to Mr. Keith Griffin on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated December 18, 2001, be received and filed; Page 20 01-1226-SS1221.txt and That the city-owned property commonly known as 71 Drexel Road is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Keith Griffin, residing at 69 Drexel Road, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 13 - NOES - 0 No. 16 Transfer of Title, Urban Homestead Program 158 Ladner (City Owned-vacant lot, 30' x 113') The Office of Strategic Planning has surveyed the city-owned vacant lot at 158 Ladner Street, Buffalo, New York 14220, parcel is 39' x 113' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Leanne J. Wagner residing at 156 Ladner Street indicated that she will clean, improve and maintain the lot in the event that she obtain 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 that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mrs. Wagner on the condition that the property is cleared and improved within (6) month and maintained in a sanitary manner. Mrs. LoTempio Moved: That the City owned property commonly known as 158 Ladner is hereby designated as homestead property, and, that the Mayor be and he hereby is authorized and execute a deed transferring said property to Mrs. Leanne Wagner for the amount of one dollar ($1.00) and no more, and all costs of transfer, on the condition that the property is cleared and improved within (6) months and maintained is a sanitary manner. PASSED 13- AYES 0- NOES NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 602 NIAGARA (CITY OWNED-VACANT LOT) LOT SIZE: 26'X 132' The Office of Strategic Planning has received a request to homestead 602 Niagara Street, a City-owned vacant lot 26' x 132' from Mr. Bogo1jub and Eleonora Jovanvic of 600 Niagara Street, Buffalo, New York 14201 and Mr. Michael Size of 604 Niagara Street, Buffalo, New York 14201. They would like to homestead the respective portion that adjoins their property. Mr. and Mrs. Jovanvic would like to homestead the southerly portion 13' x 132' of 602 Niagara Street and Mr. Size would like to homestead the northerly portion 13' x 132' of 602 Niagara Street. They intend to use the property for extra yard space. Page 21 01-1226-SS1221.txt It has been determined that this property is not needed for public purpose or development. Mr. and Mrs. Jovanvic and Mr. Size have indicated they will clean, improve and maintain the lot in the event that they obtain title to the aforementioned portions. 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 homesteaders. We, therefore, recommend that the city-owned vacant lot be designated as a Homestead Property and the respective portions of 602 Niagara Street be transferred to Mr. and Mrs. Bogo1jub Jovanvic and Mr. Michael Size on the condition that the property is cleared and improved within six (6) months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the city owned property commonly known as 602 Niagara Street is hereby designated as Homestead Property and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr.Pogoljub and Miss Jovanvic and Mr. Size for the amount of one dollar ($1.00) and no more and all costs of transfer on the conditiion that the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED 13 - AYES 0 - NOES NO. 18 URBAN PARK AND RECREATION RECOVERY (UPARR) PROGRAM GRANT AWARD - MASSACHUSETTS AVENUE PROJECT - PERMISSION TO ENTER INTO AGREEMENT We are pleased to inform the Common Council that the City of Buffalo has received an Urban Park and Recreation Recovery (UPARR) Program grant in the amount of $360,500 to assist in the rehabilitation of Massachusetts Avenue Project, 382 Massachusetts Avenue. This is a federal award through the Department of the Interior, National Park Service. The goal of this funding opportunity is to increase recreational opportunities for underserved youth living within walking distance of the urban location. The recreation improvements to be undertaken at the MAP facility include removal of the existing underutilized concrete swimming pool with the void being backfilled and sodded as a playing field. The playing surfaces for the existing basketball and handball courts will be improved and remarked with new hoops and standards being installed. outdoor lighting, fencing and landscaping will also be included. The former locker rooms will be reconstituted as multipurpose recreation space. We request that your Honorable Body authorize the mayor of the City of Buffalo to execute this project agreement, and any and all documents that may be necessary for the receipt of the $360,500 in grant funds. Any questions please call Bonnie Kane Lockwood at 851-5468. Thank you for your assistance in this matter. Mrs. LoTempio moved: That the above communication from the Office of Strategic Page 22 01-1226-SS1221.txt Planning dated December 20, 2001, be received and filed; and That the Mayor be and he hereby is authorized on behalf of the City to accept the Urban Park and Recreation Recovery (UPARR) Program grant in the amount of $360,500 and is hereby authorized to execute the project agreement and any and all documents necessary for the receipt of the grant funds. PASSED AYES -13 NOES - 0 NO. 19 BOARD OF EDUCATION REVIEW OF CASH FLOW WITH BANKS In an effort to keep the Council apprised, I am submitting this letter between my office and the school district in regards to the review of the state comptroller's cash flow projections by a review committee comprised of the banks, the Greater Partnership, the City and the School District. Within the review committee, it was agreed upon that each entity (that is, the City budget office, the Comptroller's Office, and the School District) would review their respective parts of the cash flow projections prepared by the state comptroller's office in order to identify overstated or understated revenues and expenditures before the review committee would meet again. This review would result in the reconciliation between the state comptroller's cash projection and the current ongoing cash projection. At the time of this letter, neither this office nor the review committee have received any acknowledgement that the School District has finished its review of its portion. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMPTROLLER NO. 20 FIRST QUARTER GAP SHEET I have reviewed the General Fund Gap Sheet for the first quarter of the 2001-2002 Fiscal Year, and pursuant to the City Charter I am required to make a statement concerning my view of any substantial issue raised in the Gap Sheet prepared by the Budget Office. In that regard, I would offer the following comment: The Budget Office Gap Sheet clearly identifies a continuing inability of the city to structurally balance our budget without taking further definitive action. This is the kind of information that will be of particular interest to the credit rating agencies that are monitoring our financial performance. We have a responsibility to present fully balanced city and school budgets, so it is imperative that we eliminate the more than $15 million city gap projected for the current fiscal year. The administration must present and implement a plan to balance the current budget so that the next Gap report will reflect that program. REFERRED TO THE COMMITTEE ON BUDGET NO. 21 WORKGROUP ON FINANCES, ACCOUNTING AND BUDGETING I am submitting to the Council this memo and attachments, compiled by City Accountant Anne Forti-Sciarrino and Jeffrey Tooke from my Office, that were Page 23 01-1226-SS1221.txt submitted to the Joint Schools Construction Board on December 17, 2001 as to the status of the activities of a workgroup coordinated by my office. The workgroup has been meeting over the past several months to put in place the necessary procedures and processes for the JSCB project and to address the areas of financial accounting and reporting, and budgeting for the project. It has been a workgroup consisting of JSCB administration, school district, City Administration and Audit & Control staff. I look forward to keeping this honorable body apprised of the work group's future activities. REFERRED TO THE COMMITTEE ON EDUCATION AND THE JOINT SCHOOL CONSTRUCTRION BOARD NO. 22 CERTIFICATE OF DETERMINATION Certificate of Determination by the Comptroller determining the terms, form and details of issuance of $34,000,000 School Serial Bonds 2001-D of the. City of Buffalo, New York and providing for the private sale thereof (see attached) Mrs. LoTempio moved: That the above communication from the Comptroller dated December 20, 2001 be received and filed; and That the Certificate of Determination submitted for the issuance of $34,000,000 School Serial Bonds 2001-D is hereby approved, PASSED AYES -13 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO. 23 A. OSUORAH- SUPPLEMENTAL GRIEVANCE LETTER Dear Mr. President, This letter is a summation to my recently submitted grievance Letter to your office on December 5, of 2001. However, I am requesting your Honorable Council to review my grievance letter and investigate on it, for I was laid off of my job recently in retaliation to the past incident between me and the Public Works Department which you all are away of. I looked at it this as a racial bias, because I am the only casualty of City of Buffalo's financial crisis and the World Trade Center's Tragedy in the entire department of Public Works and Street. I understand that I am a provisional employee along with one other Engineer in the department who was hired a month later after me and probably some other lower level positions of temporary and seasonal employ. The other employee had his second chance of exam. because he was successful in the first civil service exam just like me, while I wasn't given a second chance. Therefore, Mr.. President, kindly use your good office along with your Honorable Council members and look in to this matter, for I have been treated unfairly and abused mentally by this department of public works and streets. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 24 INFO JOINT SCHOOL CONST BOARD On behalf of the entire Erie County Legislature, I would like to take this opportunity to congratulate you on the creation of the Joint School Construction Board. Your willingness and vision in implementing a board that is inclusive and staffed with innovative thinkers is to be Page 24 01-1226-SS1221.txt commended. Each year this Honorable Body works to strengthen Buffalo Schools and our record of commitment speaks for itself. This year alone we have contributed $5 million for school construction and approximately $500,000 for school nurses. Given the aforementioned and the almost certain potential that this Honorable Body will be involved in some of the future decisions of the Joint School Construction project, I am respectfully requesting the Erie County Legislature be afforded the privilege of being represented. With a representative on the Joint School Construction Board this Honorable Body Can add insight and support to the process that will insure the long-term success of the Buffalo Public Schools, Thank you for considering this request. Please contact me in my District Office (8773986) at your earliest convenience so that we can discuss this matter. REFERRED TO THE COMMITTEE ON EDUCATION NO. 25 CONCERN-PUBLIC HRG. DRUG ELIM PROGRAM Please accept this correspondence as notification that the U.S. Department of Housing and Urban Development is no longer funding the Public Housing Drug Elimination Program effective 2002. PHDEP has been transferred to the operating fund with Congress increasing the overall operating find by 8. 1 %. Unfortunately, as of the date of this correspondence, the BMHA (nor the local HUD office) is unaware of how this appropriation will translate into dollars for the BMHA or the restrictions/regulations that HUD may place on those dollars. Be advised that the current contract with the City of Buffalo Division of Substance Abuse ends February 28, 2002. I will keep you informed of any updates to this matter. If you should have any questions, please feel free to contact my office at 855-6711 ext. 203. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY SERVICES NO. 26 GOVERNANCE IN ERIE COUNTY Attached please find the following documents: a) Governance in Erie County b) State of the Region-Progress Report 2000-Bflo. Niag. Region c) State of the region-Performance Indicators for Bflo. Niag. Region. REFERRED TO THE SPECIAL COMMITTEE ON REGIONAL GOVERNANCE NO. 27 SPECIAL COMMITTEE ON REAPPORTIONMENT The official 2000 Census population for the City of Buffalo is 292,648. This figure is down from the official population of 328,128 in 1990 and 357,8.00 in 1980! Statistically, the population for the major racial categories for the 2000 census are, 159,300 -White 108,951-Black 22,076- Hispanic As the-Common Council begins the mandatory process to reapportion the City's Council Districts based upon the 2000 census, the amount of population decline within the City is indeed a key factor in any decision regarding changing its size. While, it seems logical to Page 25 01-1226-SS1221.txt automatically assume a reduction in size is warranted solely based upon the loss of population, the reapportionment process is charged with a greater responsibility. The United States Constitutional provision of one person one vote and equal representation under the law relate to the reapportionment. process as well. These considerations have to be met by apportioning the same number of people in each district within a 5% deviation. Additionally, considerations have to be given to the preservation of traditional and 6xisting neighborhoods both in terms of geography, race and ethnicity. The recent controversy involving the County Legislature's splitting of neighborhoods' and the Hispanic community's criticism that the plan ignores them is a clear example to support the importance of these provisions.. In 1992, the Buffalo Branch of the NAACP filed a suit against the City of Buffalo's then new redistricting plan because it gerrymandered the Fillmore District by drawing boundaries that stretched from the far eastside of the city to downtown which was designed to water down the increasing number of minorities moving into the district. This case is still inexplicably undecided in Federal Court under Magistrate Foschio. The strife created around the 1990 reapportionment process has. still left lingering tensions in many neighborhoods throughout the city. The one important goal that the Council should strive to achieve through this current process is to avoid the kind of confrontation and racial tensions that developed in 1990. This can be achieved only with a collective mind set that is based upon fairness and equity. The city charter provides for the establishment of a Citizen's Advisory Commission On Reapportionment with joint appointments from the Council and the Mayor. This process begins in January 2002 and every effort should be made to support this community-based process to develop a redistricting plan with extensive community input. As I have pointed out at the last Council meeting, while this important Commission is charged with the development of a plan, it has no resources in the City of Buffalo budget. The Charter does stipulate that the Council and City departments may provide technical assistance to the Commission in order to carry out its responsibilities. In order to comply with this provision, as well as meet the Common Council's legislative responsibility to redistrict itself I am appointing a Special Reapportionment Committee consisting strictly of council members. This Special Committee will have as its main responsibility to work with the Citizen's Commission to assist in identifying technical resources with census data and professional expertise in reapportionment. The Special Committee will also provide Council input into the development of a plan to be eventually submitted to the Common Council for its consideration. Council member Joe Golombek will be the Chair of this Special Committee because he has expressed a strong desire to provide leadership in the reapportionment process. Additionally, I am appointing Council members, Dominic Bonifaclo, Brian Davis, Antoine Thompson and Betty Grant to serve on the Committee. I have spoken with Chairman Golombek about the management of his committee and am quite satisfied with the leadership he will provide through this process. RECEIVED AND FILED Page 26 01-1226-SS1221.txt FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 28 REPORT OF BIDS BUFFALO CITY COURT INTERIOR WATER DAMAGE REMOVALS & REPAIRS I received the following sealed informal proposals for Emergency Work, Buffalo City Court, Interior Water Damage Removals & Repairs, which were publicly opened and read on December 11, 2001. This emergency work is necessary due to potential environmental concerns. Indoor Air Professionals$ 60,673.20 10 Sonwill Dr., Bflo, NY A.A.C. Contracting, Inc.$107,981.00 8 Cairn St., Rochester, NY Empire Building Diagnostics$160,322.60 P 0 Box 412, Depew, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Indoor Air Professionals in the amount of Sixty Thousand Six Hundred Seventy Three and 20/100 Dollars ($60,673.20) 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 35320806 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 17, 200 1, 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 Emergency Work, Buffalo City Court, Interior Water Damage Removals & Repairs, to Indoor Air Professionals, the lowest responsible bidder, in the amount of $60,673.20. Funds for the project are available in CPF 35320806 445 100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 29 REPORT OF BIDS TREE REMOVAL CITY WIDE PHASE III GROUP #578 This is to advise your Honorable Body that I have advertised and received bids for Tree Removal - City Wide, 2001 - Phase 111, Group #578. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Schneck's Tree Removal, Inc.$136,534.00 $150,187.40 Kilts Enterprises, Inc.$136,878.83 $150,676.71 Page 27 01-1226-SS1221.txt Eastwood, Inc.$165,900.00 $182,490.00 Scott Lawn Yard, Inc.$381,100.00 $419,210.00 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Schneck's Tree Removal, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $150.187.40 ($136,534.00 Base Bid + 10% unit price increase $13,653.40 = Total Award $150,187.40 Funds for this work are in Capital Project Account #35310106-445 100. The engineer's estimate for this work is $150,000.00. Attached is a list of proposed locations. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by February 2, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2001, 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 Tree Removal City Wide, Phase 111, Group 4578 to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $150,187.40 ($136,534.00 Base Bid + 10% unit price increase $13,653.40 = Total Award $150,187.40). Funds for the project are available in Capital Project Account #35310106445100. PASSED AYES -13 NOES - 0 No. 30 CHANGE IN CONTRACT CHANGE ORDER NO. I REPAIR TO CITY PAVEMENTS - 2001 GR. 9553 THOMANN ASPHALT, INC. CONTRACT #92010406 I hereby submit to our Honorable Body the following addition to the contract for the above named Project. This change order was necessary for the improvement of City owned facilities as follows: Change Order No. I #1 Delaware Park Lake Pathways$3,579.00 #2 Manhattan Park - Overlay Parking Lot$9,187.50 #3 Schiller Park - Overlay Parking Lot$8,493.15 Senior Center Total Contract $21,259.65 Contract Summary Original Contract Amount$187,838.75 Change Order No. 1 $21,259.65 Total Contract$209,098.40 Funds for this work are available in account #30032106-445100. If you have any further questions regarding the above, please contact Michael Zera of our Construction Section. I respectfully certify that this change order is fair and Page 28 01-1226-SS1221.txt equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Thomann Asphalt, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 18, 2001, be received and filed-, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Thomann Asphalt, Inc., an increase in the amount of $21,259.65, as more fully described in the above communication, for work relating to Repair to City Pavements - 2001, Group 553, Contract, C 992010406. Funds for this project are available in #30032106-445100. PASSED AYES -13 NOES - 0 NO. 31 CHANGE IN CONTRACT CHANGE ORDER NO. I REPAIR TO CITY PAVEMENTS - 2001 GR. #553-B THOMANN ASPHALT, INC. CONTRACT #92010472 I hereby submit to our Honorable Body the following addition to the contract for the above named Project. This change order was necessary for the Division of Engineering to perform emergency pavement restoration at the following locations as a follow-up to work by the Division of Water. Change Order No. I #1 - Kenmore/Elmwood - Repair of pavement from watermain break #2 - Abbott Road - Repair of hazardous watercuts Contract Summary Original Contract Amount$179,396.25 Change Order No. 1$13,815.00 Total Contract$193,211.25 Funds for this work are available in account 413112006-443100. If you have any further questions regarding the above, please contact Michael Zera of the Division of Engineering or Peter Merlo of Division of Water. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Thomann Asphalt, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 17, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Thomann Asphalt, Inc., an increase in the amount of $13,815.00, as more fully described in the above communication, for work relating to Repair to City Pavements - 2001, Group 553-B, Contract, C #92010472. Funds for this project are available in 413112006-443 100. PASSED AYES -13 NOES - 0 NO. 32 CHANGE ORDER # I Page 29 01-1226-SS1221.txt HEATER/SCARIFYING & COLD MILLING OF CITY PAVEMENTS - 2001 GROUP #5 CONTRACT #92010443 ITEM 928, 5/15/01 I hereby submit to our Honorable Body the following unit price additions to the above-mentioned contract for the heater/scarifying of Seneca Street - Hamburg to Louisiana. This paving will benefit new residential development on the north side and Seneca & Graphic Controls on the south. Item UnitEstimated Estimated NumberDescription PriceQuantityCost 04.3110Bituminous$2.007,657.51 $15,315.02 Asphalt Heater/ Scarifying Contract Summary: Original Contract Amount:$397,526.25 Change Order No. 1$ 15,315.02 Total Contract$412,841.27 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order. Funds for this work are in Capital Project Account #35310806-445 100. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 6, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. I for work relating to Heater/Scarifying and Cold Milling of City Pavements - 2001, Group #555, Contract # 92010443). Funds for this project are available in Capital Project Account #35310806-445 100. PASSED AYES -13 NOES - 0 NO. 33 BUSTI AVE. SIGN POLE INSTALLATION RE: PEACE BRIDGE EZ PASS SYSTEM The Buffalo and Fort Erie Public Bridge Authority (PB) is in the process of installing an EZ Pass System to help move traffic more efficiently across the Peace Bridge. In conjunction with installing the EZ Pass System they (PB) have requested permission to install an overhead sign structure in the Busti Ave. right of way to direct traffic approaching the bridge, A map showing the proposed location and a diagram indicating the type of signs are attached for your information. Our department has no objection to the installation in the Busti Ave. right of way as long as the following conditions are satisfied: 1) PB shall obtain all necessary permits and approvals for installation of the sign pole. 2) PB shall maintain structure and signs. 3) Final plans and pole type are subject to approval by the Department of Public Works, Parks and Streets. Mrs. LoTempio Moved: That the Communication from the Department of Public Works, Parks and Streets dated Page 30 01-1226-SS1221.txt December 24, 2001 be received and filed and That the Buffalo and Fort Erie Public Bridge Authority be and hereby is authorized to install an overhead sign struction in the Busti Avenue right of way to direct traffic approaching the Peace Bridge with the following conditions 1. The Public Bridge Authority shall obtain all necessary permits and approval for installation of the sign pole 2. The Public Bridge Authority shall maintain the structure and signs. 3. Final plans and pole type are subject to approval by the Department of Public Works, Parks and Streets PASSED 13- AYES 0- NOES NO. 34 CRITERIA FOR EVALUATION AND DESIGNATION OF TRAILBLAZING SIGNS ITEM #122, C.C.P. 12/11/01 The referenced item was sent to this department for comment. The naming of streets, including the designation of trailblazing routes, is a very subjective process. I feet that the City's Ordinance (Chapter 286) rightfully places this responsibility and privilege with the Common Council. I feel that it would be inappropriate for this department to make any comment on the naming of any street unless such naming or change of name would somehow negatively affect the health or safety of the public. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 ESTABLISHING SPEED ZONES AROUND SCHOOLS ITEM #115, C.C.P. 12/11 /01 The referenced item was sent to this department for comment. Section 1643 of the New York State Vehicle and Traffic Law allows the City of Buffalo to establish a fifteen-mile per hour speed limit within three hundred feet of a school building. The best type of signage for this situation, as established by the New York State Manual of Traffic Control Devices, is to have a diamond shaped sign, in high intensity yellow, with blinking yellow lights on top and bottom. The words "School Zone 15 MPH" would be inscribed with black lettering. We estimate that each sign would cost approximately $500 installed, with a minimum yearly electric service charge. At this time, we cannot accurately estimate a total cost without surveying each school location to determine the number of sign locations to be addressed. We would also need some direction on whether we would be doing only Buffalo public schools or private and parochial schools as well. REFERRED TO THE COMMITTEE ONLEGISLATION AND THE BOARD OF EDUCATION NO. 36 PAVING OF PRIVATE LOT 342 E. DELAVAN AVE. ITEM #42, C.C.P. 12/11/01 The referenced item was sent to this department for comment. The Department of Public Works, Parks and Streets does not have any jurisdiction over the paving of private lots unless the lot encroaches onto City rights of way. The lot at 342 E. Delavan does not encroach. A permit from this Page 31 01-1226-SS1221.txt department may be required for a curb cut into our street. I believe the jurisdiction in this matter may lie with the Department of Permit and Inspection Service, and possibly the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 PERMISSION TO ENTER INTO AGREEMENT RETURN OF VEHICULAR TRAFFIC ON MAIN ST. We are seeking Common Council approval to enter into an agreement with NFTA, the County of Erie, the New York State Department of Transportation, and Buffalo Place to conduct a feasibility study on returning vehicular traffic to Main St. in the area of the pedestrian mall. The agreement calls for the City to allocate $50,000 towards the hiring of a consultant to conduct an environmental assessment of the project. NFTA will provide $50,000, and Buffalo Place will provide $40,000 towards this portion of the project. In addition, the City will be increasing its contract with Erdman Anthony Engineers for the reconstruction of Main St. by $50,000 for the appropriate traffic studies. The City will be reimbursed for 80% of this portion by the federal government. The City of Buffalo will be the lead agency for the environmental reviews. Funds for the environmental process review are available in the Citywide Planning Account. Funds for the traffic study are available in our existing account for the reconstruction of Main St. That the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into an agreement with the Niagara Frontier Transportation Authority, the County of Erie, the New York State Department of Transportation, and Buffalo Place to conduct a feasibility study on returning traffic to Main Street in the area of the pedestrian mall. Funds for the traffic study are available in the Department of Public Works, Parks and Streets existing account for the reconstruction of Main Street. PASSED AYES -13 NOES - 0 NO. 38 PERMISSION TO TRADE-IN SURPLUS EQUIPMENT ITEM #50, C.C.P. 10/30/01 In the referenced item this department requested authorization to trade-in thirteen surplus vehicles and chassis from the Streets Division. Our communication, and subsequently the Common Council's approved resolution, listed the vehicle numbers of only nine of these vehicles. We, therefore, request that authorization be given to trade-in vehicles number S415, 416, 417, and 418 which are the aluminum and steel transfer trailers noted in our previous communication. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated December 17, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to trade-in surplus vehicles number S415, 416, 417 and 418 as previously approved in Page 32 01-1226-SS1221.txt Item No. 50, C.C.P., October 30, 2001. PASSED AYES -13 NOES - 0 NO. 39 SLIP RENTAL FEES FOR ERIE BASIN MARINA ITEM #117, C.C.P. 12/11/01 The referenced item was sent to this department for comment. For some time now this department has recommended that slip rental fees at the Marina be increased. We, therefore, would support any increase. Currently, all revenue from the rental of non-transient slips comes to the City. Thus, if fees were to be increased, 100% of the increase would be deposited as revenue to the City. We receive a small percentage of transient slip rentals, but there are only ten such slips and revenue from this is very negligible. REFERRED TO THE SPECIAL COMMITTEE ON MARINA TASK FORCE FROM THE COMMISSIONER OF FIRE NO. 40 FIRE COMPANY ROTATION Per your request, attached are the response times survey's which show the effects of the temporary closings and manpower reports for November 3 0 - December 9, 200 1. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET FROM THE CORPORATION COUNSEL NO. 41 BUFFALO PLACE OPERATION AND MAINTENANCE AGREEMENT EXTENSION Attached for your approval, please find a copy of the contract extension to allow Buffalo Place, Inc. to manage, maintain and promote downtown Buffalo from July 1, 2001 through June 30,2002. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated December 20, 2001, be received and filed; and That the Mayor, be, and he hereby is authorized execute the contract extension to allow Buffalo Place, Inc. to manage, maintain and promote downtown Buffalo from July 1, 2001 through June 30, 2002. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 42 C. FISHER-M. EDWARDS-REQ. ASSISTANCE-DELI-WESTON/EASTON ITEM NO. 70, C.C.P. 11/ 13/200 1 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As a result of your Honorable Body's inquiry into the conditions at 313 Weston Avenue, Building Inspector Vincent Ferraraccio was dispatched to the site. At the time of the inspection, a large amount of garbage was found around the site and the dumpster was wide open. Page 33 01-1226-SS1221.txt To address the complainants concerns the following action was taken. It appears that fire damage that occurred to the property on September 17, 2001 was minimal and the owner had obtained a repair permit for fire damage repairs. Loud music, excessive noise and offending and illegal activity are the Jurisdiction of the Buffalo Police Department. Building Inspector Ferraraccio has encouraged the owner to try to control the loitering issue by installing signage and notification to the Buffalo Police Department Special Services unit to patrol the area to discourage illegal activity. Any and all appurtenances such as portable signs require a permit. The Building Inspector will investigate and assure that all permits that are required will be in place. We in the Department of Permit and Inspection Services would like to take this opportunity to inform you of a pending license for "Retail; Sales" This license would be issued to establishments such as these and would provide for an enforcement tool to control these type of businesses. A re-inspection is scheduled for November 29, 2001 to follow up on the complaints received. If this situation has not been rectified, a summons and complaint will be drawn for prosecution by the Housing Court of the City of Buffalo. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION No. 43 Restaurant Dance Class III 391 Washington Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Restaurant Dance Class III License located 391 Washington and find that as to form it is correct have caused an investigation into the premises for which said application for a restaurant dance class 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 JoAnn Matteliano. The attached thereto for JoAnn Matteliano d/b Lafayette Tap Room. 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 Restaurant Dance Class III license to JoAnn Matteliano d/b/a Lafayette Tap Room located at 391 Washington. PASSED 13-AYES O-NOES NO. 44 RESTAURANT DANCE CLASS IV 199 DELAWARE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Restaurant Dance Class IV License located 199 Delaware and find that as to form it is correct. have caused an investigation into the premises for which said application for a restaurant dance class 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 Page 34 01-1226-SS1221.txt Department into the moral character of Antonio Ferro. The attached thereto for Antonio Ferro d/b/a Queen City Lounge. 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 1~) he hereby is authorized to issue a Restaurant Dance Class IV license to Antonio Ferro d/b/a Queen City Lounge at ñ99 Delaware Avenue. PASSED 13 - AYES 0 - NOES NO. 45 USED CAR DEALER 1300 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 1300 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 and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Kenneth Mathews. The attached thereto for Kenneth Mathews d/b/a Big "L" Used Cars. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 USED CAR DEALER 430 HINMAN 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 430 Hinman and find 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 an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find I complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Michael Vaccaro. The attached thereto for Michael Vaccaro d1b/a Red Hyers Truck Auto Repair. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspection Services dated December 18, 2001, be received and filed, and That pursuant to Chapter 2544 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car dealer license to Michael Vaccaro, d/b/a Red Hyers Truck and Auto Repair, located at 430 Hinman. PASSED AYES - 13 NOES - 0 NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective in the Department of Permit and Inspection Services, Division of Inspections o the Position of Page 35 01-1226-SS1221.txt Building Inspector, Permanent Appointment effective December 11, 2001, at the Intermediate (step 3) Starting Salary of. S 40.838. Ronald T. Collins, 153 Choate, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 48 CERTIFICATE OF APPOINTMENT Appointment Effective in the Department of Permit and Inspection Services, Division of Inspections o the Position of Building Inspector, Permanent Appointment effective December 11, 2001, at the maximum Starting Salary of. S 43,809 Steven Pieri, 104 Elmhurst Place, #8, Buffalo,NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE ZONING BOARD OF APPEALS NO. 49 C. FISHER-Z.JACKSON-REQ. PAV. PAV. PKG. LOT 342 E. DELAVAN In response to your request, please be advised that there are no pending applications with the ZBA for this property or existing variances on file for the proposed use. Upon filing for a use permit with the Permit Office, Room 301, the applicant will be advised as to which bodies or boards will need to approve the application. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 50 SUBMISSION OF ANNUAL REPORT In compliance with Section 18-22 (f) of the City Charter which states: Submit at least one each year, and as requested by the Mayor or Common Council, a report on: (i) its activities; (ii) the state of community relations in the city; (iii) the state of equal opportunity and respect for cultural diversity within city government and its services and programs; (iv) the state of the police department's initial and ongoing training programs in community relations and respect for citizens' rights and standards and procedures for investigating and acting upon complaints of police misconduct; and (v) significant issues that have arisen concerning any of the foregoing matters; The Commission on Citizens' Rights and Community Relations is submitting its 2000/2001 Annual Report for formal filing. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 W. JONES - CONCERNS - FIRE DEPARTMENT ITEM #109 In response to your request for review of Item #109, CCP March 20, 2001, "W. Jones - Concerns - Fire Department", the Commission on Citizens' Rights and Community Relations has prepared the following response: Please be advised that Commissioner Keane of the Buffalo Fire Department has not responded to the communication sent dated October 15, 2001. Therefore, the attached correspondence, dated December 14 th , 2001 has been sent to Commissioner Keane. The Commission has requested a response from Commissioner Page 36 01-1226-SS1221.txt Keane before his retirement becomes effective. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 52 MINUTES OF THE BOARD OF ETHICS MEETINGS Attached please find the minutes of the September 18, 2001, October 23, 2001 and November 20, 2001 Board of Ethics Meetings RECEIVED AND FILED NO. 53 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 371 Riverside Coconut Grove Coconut Grove RECEIVED AND FILED NO. 54 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Public Works, Streets & Parks- Raymond Canfield, John Ort X Police- ThomasWhelan, David Rodriguez xFire Michael Lotocki, James Otwell RECEIVED AND FILED. NO. 55 REPORTS OF ATTENDANCE transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: XBuffalo Sewer Authority xCity Planning Board RECEIVED AND FILED NO. 56 NOTICES OF APPOINTMENTS - SEASONAL/FLAT transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. (REV 10/99) CERTIFICATE OF APPOINTMENT Appointment Effective: December 13, 2001 in the Department of 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 Arbey Hill, 139 proctor Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: December 12/ 2001 in the Department of 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 Page 37 01-1226-SS1221.txt Andre M. Gary, 224 Walnut Street, Buffalo, NY 14204 NO. 57 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: December 11, 2001 in the Department of Audit and Control, Division of Accounting to the Position of Junior Accountant, Permanent Appointment at the Minimum Starting Salary of $27,385 Lisa R. Fehr, 229 Summit Avenue, Buffalo, NY 14214 Certificate of Appointment Appointment Effective: December 10, 2001 in the Department of: Police, to the Position of: Crossing Guard, Temporary, Non-Competitive at the Minimum Starting Salary of: $ 7.09/hr Susan Moffett, 60 Tuscarora Rd., Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 58 C. CALABRESE-CONSOLIDATION OF CITY/COUNTY SERVICES Dear Ms. Hooper: Thank you for sending a copy of the Council's resolution regarding collaboration between the City of Buffalo and Erie County in dealing with the delivery of services. The County Executive asked that I respond on his behalf. The County Executive firmly believes that the current financial situation of the City or Buffalo affords both the City and the County a very interesting opportunity to restructure a number of service areas and substantially reduce costs to the City and its taxpayers. County Executive Giambra has long been an advocate for a new framework for defining and designing the way we deliver services in Western New York. This framework has come to be known as "No Handout, No Bailout" and is characterized by contractual relationships between municipal entities. The County Executive is ready and willing to talk with the City about Erie County providing any number of services to the city provided it is indeed cheaper for the city and it is structured under the framework of "No Handout, No Bailout" philosophy. As you know, this philosophy is underpinned by a service for fee contractual arrangement. County Executive Giambra believes this framework offers a fair and equitable way of balancing the concerns of all taxpayers throughout Erie County. I am enclosing a copy of the full "No Handout, No Bailout" report and would be anxious to begin discussions with city officials on any of the recommendations contained within its pages. REFERRED TO THE SPECIAL COMMITTEE ON Page 38 01-1226-SS1221.txt REGIONAL GOVERNANCE NO. 59 D. CHERNOFF- ON STREET PARKING STUDY STAFF RECOMMENDATIONS PREPARED BY BUFFALO PLACE INC.' Attached recommendations available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 B. Grant-K. Young-Complaints-Animal shelter Please file enclosed correspondence for Wednesday, December 26, 2001 Common Council Meeting. In late August I sent a letter to Mayor Masiello detailing my concerns about the conditions at the City of Buffalo Animal Shelter. As I have received no response from him, I am writing to you and other council members in the hope that improvements can be made. I have made frequent visits to the shelter in my search for a dog and my concerns have heightened after each visit. Following are some of the concerns that I summarized in my letter to the mayor, The physical plant is obviously dirty and ill-cared for. Animal cages are not always regularly cleaned. I have personally witnessed dogs sitting for hours among their feces. Animal water bowls are not kept filled and clean. Hours of the shelter are hardly optimal for encouraging adoption. Hours are weekdays from 9:00 to 3:00. Although the advertised hours for Saturday are from 9:30 until 2:30, the shelter has frequently not opened on Saturday or has closed early. The shelter does not employ a veterinary technician as required by the City Charter (see attached). Treatment of sick and injured animals is not always timely. The shelter is, "a bureau of the division of streets" (City Charter). This arrangement is antiquated. The city charter also requires that the Director submit recommendations to the City Council in an annual report concerning measures or programs to reduce animal euthanasia rates. Although the shelter has done some things to encourage adoptions, I have to ask, what is the point of trying to attract people to come to the shelter only to have them find that the shelter is closed when the advertised hours state differently. This is especially true for working people who can only come on a weekend. At a minimum, the shelter should be open regularly on Saturdays and at least one night during the week. I have to also ask why the City of Buffalo chooses to stay in the business of operating an animal shelter when it is unable to provide quality services. Would It not yield better financial and humane results if the City diverted the overhead and other resources to a private organization that has the professional and management expertise to provide high quality services? I appreciate your review of this matter. I look forward to your response to address my concerns. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISIONER OF PUBLIC WORKS NO. 61 J. LAMB-SMART BORDER FOR THE 21 ST CENTURY Canada and the United States have signed a Smart Page 39 01-1226-SS1221.txt Border Declaration which has potentially very positive impacts on our Niagara border and specifically on the Peace Bridge Expansion Project. Copy of the News Release and Action Plan is attached. I recommend you take the time to read this in its entirety. I have not completely digested this document but on first reading the following specific action items would positively affect the definition and development of the Peace Bridge Expansion Project Plan: Secure Flow of People 1.Implement systems to identify security risks while expediting flow of low risk travelers Permanent Resident Cards which include a biometric identifier Resume/expand NEXUS 2.Identify threats prior to arrival in North America, manage refugees and visa policy coordination. Third-county agreement-common refugee policy Sharing information thru common automated database Secure Flow of Goods 1. Commercial Processing Clearance away from the border-including inland pre- clearance/post-clearance, international zones, pre-processing centers at the border Consider joint facilities-examine the legal and operational issues associated with establishment of international zones and joint facilities Complementary systems for processing including audit-based programs and partnerships with industry-to develop and audit security standards at production and distribution facilities Secure Infrastructure 1.Relieve congestion at key crossings by investing in border infrastructure and technology solutions to speed border movements Infrastructure Improvements-physical and technological improvements to overcome traffic management and growth challenges Intelligent Transportation Systems-transponders, electronic container seals, and systems such as ITDS 2. Critical Infrastructure Protection Threat assessments Identify protection measures Coordination and Information Sharing 1. Integrated border enforcement teams 2. Joint enforcement 3. Integrated intelligence 4. Joint response to terrorism training and exercises As you know shared border management is one of our identified alternatives in the Draft Scoping Document. Definition of how the U.S. and Canadian authorities are going to manage the border is essential to defining, analyzing, and implementation of this alternative-which obviously would affect all alternatives to be considered. Our Consultant Team will be working closely with the Bridge Authority staff and associated U.S. and Canadian authorities to shape a physical and operational Shared Border Management Alternative consistent with the Smart Border Action Plan. We may find that many of these envisioned operational efficiency improvements can be made independent of the Peace Bridge Expansion Project-and thus be incorporated in the "No Build" alternative. Such a determination obviously cannot be made at this time. Page 40 01-1226-SS1221.txt If you have any questions, suggestions or comments I would be pleased to hear from you. Attachment REFERRED TO THE SPECIAL COMMITTEE ON BI-NATIONAL BRIDGES NO. 62 R. LARUSCG-REQ. APPROVAL CONTRACT AFCME LOCAL 264-BMHA We, the BMHA White Collar and Blue Collar Chapters of Local 264, do not wish to diminish the tragedy of September 11th or the fiscal hardship placed on the City of Buffalo. However, we feel it is necessary to give you our perspective as to why our contracts should approved as ratified by the Common Council. First, the BMHA has reapportioned the funding structure from 83% Federal funding and 17% State funding to 92% Federal funding and 8%State funding. This BMHA action has resulted in a partial year saving to the City in the amount of $551,00 dollars. Second, the above-indicated federal percentages are due to increase shortly after the first of the year when the BMHA completes its goal to become a federalized housing authority. Third, while the City has just recently instituted a hiring freeze, the catch phrase at the B M HA since 1998 has been "we must do more with less. " During the period from 1998-2001 our work force has been reduced by 22.78 percent across the board. Furthermore, while the work force has decreased, the workload has increased for the employees. Despite the reduction in the number of employees, work continues to be done in a timely and efficient manner due to the pride and commitment of the BMHA employees. Also, Local 264 has been very active in assisting the City in its efforts to lobby the State Legislators for additional financial aid. Recently we have collected over 25,000 signed postcards in support of state funding. 10,000+ are presently being delivered Western New York State legislators. The other 15,000+ will be delivered to the New York State Leadership as follows: 5,000 to Governor George Pataki, 5,000 to State Senator Majority Leader Joseph L. Bruno and 5,000 to State Assembly Speaker Sheldon Silver. REPRESENTING: Finally, we want to reiterate the point that we understand the position you are in. However, these contracts were negotiated in good faith, ratified by our members and should be brought before the Common Council for approval. Please understand that the contracts must still be approved by the State and Federal government. These additional approvals will also take time to process. In closing, we would appreciate your support in approving the BMHA contracts in a timely fashion. The affected employees have been without a contract for 17 months and have continued to diligently perform their duties with dedication to the residents of the BMHA. REFERRED TO THE COMMITTEE ON CIVIIL SERVICE NO. 63 M. MARTINO- UNION SHIP CANAL REDEVELOPMENT PROJECT Dear Mr. Coleman: Page 41 01-1226-SS1221.txt We would like to thank the Buffalo Environmental Management Commission (EMC) for meeting with myself and members of the Union Ship Canal redevelopment team on December 12, 2001. We felt that the meeting was very productive, and we sense that the members of the Commission now have a much more thorough understanding of the project. To summarize some of the ideas that were covered and questions that were answered: A.) It appears that the information flow from the City's Clerk's office to the EMC has failed on a few occasions, both for this project and others. Hopefully, our discussions will help the SEQR Task Force sort out the problem. B.) We have been very conscientious in our efforts to work with NYSDEC\ and NYSDOH on the EIS process over the last year. We have made every attempt to coordinate our communication with DEC, to also properly facilitate the Voluntary Clean-up Programs and Bond Act Program for the different parcels on the site. We're sure you could sense the spirit of cooperation from the comments made by Mr. Doster and Mr. Doleski at the meeting. C.) We are very sensitive to the water related issues of the project, and our preliminary design work reflects that. We will continue to push these issues throughout the project, and we hope you will also. D.) We are encouraged that the EMC will be working with us throughout the private and public meetings, which will be part of the EIS process through April. REFERRED TO THE SPECIAL COMMITTEE ON UNIONSHIP CANAL NO. 64 R. ROMANOWICZ SLIP RENTAL FEES FOR MARINA This letter is being sent to you as an expression of concern regarding 'Item #117, CCP December 11, 2001', "Slip Rental Fees for marina". Several years after the opening of the Erie Basin Marina our association proposed to the city that the city run the marina. It made no sense to us that the city was receiving only a very small percentage of the marina's revenues, including slip rentals. Smith Boys, RCR Yachts, the Aud Club - all ran the marina and returned no more than twenty percent of its revenue back to the city. We, as an association, were happy when the city finally decided to operate the marina and lease the restaurant and tower. Our relationship with Public Works, and especially Sam Puglisi, has been one of cooperation and collaboration. We work together closely and, as a result, have a wonderful 'jewel' to share with visitors from all areas of the country. The fee schedule presently in place is a fair one. It provides opportunities for many retirees, like me, on a fixed income, to enjoy both the city and marina at a reasonable cost. The rates at the Basin are not out of line with those charged at other marinas and private yacht clubs. The Small Boat Harbor is substantially costlier than the Basin. It is, however, used as a 'cash ' cow by the NFTA. We know that the city is experiencing financial difficulties but do not feel that those difficulties will be substantially improved, or go away, by raising the rates at the marina to an excessive level. There has been a glut of slips available over the past two Page 42 01-1226-SS1221.txt years. Keeping our marina at capacity has meant a substantial return to the city. Finally, I am requesting the opportunity to address either the Council or Task Force to provide you with additional information concerning the marina, its operation and its rate schedules. REFERRED TO THE SPECIAL COMMITTEE 0N MARINA TASK FORCE NO. 65 A. THOMPSON- REASON; RESIDUAL PROPERTY DAMAGE Greetings and salutations from myself and my family. I suspect you may not remember me but I am a resident of your district, and I have been directed to your office in order to resolve an Emergency situation. During the construction period during which the NFTA Buffalo Subway, several neighborhoods experienced violent blast tremors far exceeding (8) eight square blocks on both sides of the proximal blast Perimeter. These tremors, were documented by both Municipal Authorities and Private Property Owners and all other related parties, Agreed that the intensity of these tremors, far exceeded the original Projections by all perameters. A welcome addition to my property had just been completed and as the workman were applying their finishing touches when the owners were Notified that a very substantial fissure had just formed directly before their eyes, during the tremors resulting from the tunnel blasting. In addition this damage, the entire foundation of the entire dwelling had Sustained substantial damage from those same tremors. I can not reiterate enough that within the next (7) seven calendar days this issue must be resolved. I have been informed that with the coming Winter Season the entire structure of our home is subject to "Collapse"!! Today's date is 10/04/01. I continue to have full confidence in your administration to resolve this Long standing issue to our mutual satisfaction. I would like to continue to extend my warmest congratulations to you and your administration, and continue my humble open door policy to provide any assistance I can. REFERRED TO THE COMMITTEE ON LEGISLATTON AND THE NFTA NO. 66 CYNTHIA VAN NESS-OPPOSITION OF HURST BLDG- HURON ST Dear Mr. Pitts, Because I can't take time off from work to attend tomorrow's Common Council meeting, I wanted to take this opportunity to register my opposition to the proposed demolition of the Hurst building on Huron St. to make room for more parking. Please share my letter with your colleagues on the Council. The fact is, no one goes downtown for parking. People go to destinations: government offices. law offices, the library.. the ball field, the mail, Chippewa Street, and in my case, my job, dentist, my hair cutter, my pharmacy. and my bank. Every time you replace a building with a parking facility, you eliminate destinations and reasons to come downtown. The Hurst building is more handsome than pretty. It is not pedigreed like the Guaranty Building. But it is exactly the sturdy, flexible, well-made pre-war commercial building that Page 43 01-1226-SS1221.txt has become an endangered species in downtowns across the USA. At present, I'll wager that the rents are low enough to be affordable for start-tip business people. If commercial users cannot be found, it would make wonderful loft apartments. (We do want people to live downtown, right?) Its proximity to Chippewa Street makes it a potentially good renovation and reuse candidate. The problem with the proposed ramp garage expansion is that there are already two ramp garages within spitting distance. A third has the potential to deaden the intersection and counterproductively form a lifeless barrier beyond which the Chippewa energy cannot spread. Blank ramp garage walls are a hostile, damaging thing to do to a street and its pedestrians, especially within yards of the part of downtown showing the healthiest vital signs. It bears repeating, since City Hall doesn't seem to understand it: every building replaced by parking eliminates destinations. Eventually, if you demolish enough of them, you will eliminate enough reasons to come downtown that there will be no demand For parking at all. Please help withdraw this foolish, anti-urban proposal. REFERRED TO THE COMMITTEE ON FINANCE NO. 67 B. WILLIAMS-F. RENEE BELLAMY-CONCERNS LIGHTS OUT TOT LOTS-205 CAROLINA/35 WHITNEY PLACE Please file the attached item on behalf of F. Renee Bellamy, Property Manage , Belmont Management Co., Inc. and the Lower West side Residents for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. I am writing to inform you that the lights are out in the tot lots located at 205 Carolina Street and 35 Whitney Place, and to request your assistance in getting the necessary replacements/repairs done expeditiously. I called on October 16, 2001 and spoke to a Kathy @ a number of 851-5623, and I also spoke to a Glenn Smith @ a number of 851-5681 and both informed me that these lights should be repaired/replaced within a weeks time at the most. I then called both numbers again on November 16, 2001 and was told once again that these lights would be repaired within a couple of days and as of today's date these lights are still out. The neighborhood has taken on an unfavorable "character" if I may, which is not safe after dark. Therefore, I am requesting that the lights at these aforementioned properties be repaired/replaced as soon as possible to deter any criminal activity from occurring. We do not which to be responsible for any liability associated with these lights being out, if you know what I mean. If there are any questions or concerns please feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PETITIONS NO. 68 L. BLAND, AGENT, USE 692 E. UTICA FOR A POLE SIGN. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING Page 44 01-1226-SS1221.txt BOARD AND CORPORATION COUNSEL. NO. 69 G. SMITH, AGENT, USE 363 DINGENS FOR WALL & POLE SIGNS. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 70 J. ZUGFLE, AGENT, USE 260 ALLEN FOR A NIGHTCLUB. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 71 T. RIVERS, OWNER, USE 900 KENSINGTON-ALTER USE TO USED CAR SALES. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 72 M. MATUSICK, AGENT, USE 500 FUHRMANN FOR AN ILLUMINATED BILLBOARD SIGN. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 73 R. SANTORO, AGENT, USE 199 DELAWARE FOR AN ILLUMINATED WALL SIGN. (HRG. 1/03) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 74 L. RIVERS & O-PETITION-COMPLAINTS ELLICOTT TOWER CENTER Dear Mr. Michaux: Please file the attached Petition on behalf of the Residents of The Ellicott Tower Center for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. FROM THE RESIDENTS OF The Ellicott Tower Center 233 East Eagle Center September 30, 2001 We, the occupants of the Ellicott Tower Center have brought various complaints, as well as, concerns to the attention of the past manager, Ms. Gloria Barlow, and current manager, Teri Colt. We are in full agreement that all of the concerns listed below, old and new, are of great importance to maintaining our residence and community, as it should be. WE WANT AND NEED ALL COMPLAINTS LISTED BELOW RESOLVED A.S.A.P!!!!!!!! Page 45 01-1226-SS1221.txt 1. A reliable surveillance camera and monitor need to be installed at the front entrance. 2. The door buzzer of the entrance door resident needs to be repaired, so guests can be "buzzed" into the building. 3. Some entry doors will not lock properly 4. Security outside and around the buildings is needed to prevent auto theft and vandalism 5. Adequate, working lights are needed outside of the building 6. An adequate number of custodial personnel needs to be assigned per building 7. The outward appearance of the building needs to be maintained by cleaning the building, surrounding areas, outward windows, hallways, stairwells, and elevators. 8. Individual units and hallways need to be repainted. The Residents of Ellicott Tower Center REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ELLICOTT TOWERS REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 75 EMERGENCY SERVICES FIRE DISPATCHERS (CP) (CCP#40-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 76 EMERGENCY SERVICES-FIRE DISPATCHER (HR) (CCP#60-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 HR MESS. S3756, A7475,20 YR. RET. PLAN-POL. OFFICERS (CCP#156-JULY 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 HR MESS. S3756, A7475,20 YR. RET. PLAN-POL. OFFICERS (POL) (CCP#71 -JULY 24, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 79 HR MESS. S3756, A7475,20 YR. RET. PLAN-POL. OFFICERS (A&F) (CCP#54 -OCT. 16,, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 80 NOTICES OF APPTS.-SEASONAL (C. CLK.) (CCP#67-NOV. 13,01) Page 46 01-1226-SS1221.txt Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 81 NOTICES OF APPTS.-SEASONAL (C. CLK.) (CCP#52-NOV. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP#34-DEC. 11, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 APPOINTMENT DISPATCHER(INTER)(PW) (ITEM# 23 CCP DEC 11, 2001) That the Communication 23, Dec 11, 2001, be received and filed and the promotion of John E. Ort stated above at the intermediate salary of $30,923 effective on November 30, 2001 is hereby approved. PASSED AYES - 13 NOES - 0 COMMITTEE ON FINANCE BETTY JEAN GRANT CHAIRPERSON NO. 84 CONDEMNATION - EXPANSION OF AUGSPURGER RAMP - 43 WEST HURON (ITEM NO. 22, C. C.P., NOV. 13, 200 1) (ITEM NO. 62, C.C.P., DEC. 11, 2001) 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 CONDEMNATION - EXPANSION OF AUGSPURGER RAMP - 3 5 2 PEARL STREET (ITEM NO. 23, C.C.P., NOV. 13, 2001) (ITEM NO. 63, C.C.P., DEC. 11, 2001) 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. 86 SELLING OF CAP. BONDS - MASTEN DISTRICT PROPERTY (ITEM NO. 22 1, C. C.P., SEPT. 19, 2000) (ITEM NO. 16 1, C. C.P., DEC. 26, 2000) (ITEM NO. 10 1, C. C.P., NOV. 13, 200 1) 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 47 01-1226-SS1221.txt NO. 87 COMPT. RESPONSE - SELLING OF CAP. BONDS - MASTEN DISTRICT PROPERTY(ITEM NO. 223, C. C.P., SEPT. 19, 2000) (ITEM NO. 20, C.C.P., JAN. 23, 2001) (ITEM NO. 102, C. C.P., NOV. 13, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 88 COMPTROLLER'S RESPONSE TO PROPERTY BOND RESOLUTION (COMPT) (CCP#16-JULY 24, 01) That the above item be and the same hereby is received and filed, ADOPTED NO. 89 REQ. IND./ENT. LOC. OUTSIDE COB PURCHASE CITY OWNED PROP.-SECURE BOND (CCP#151-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 REQ. IND./ENT. LOC. OUT. COB WHO PURCH. CITY OWNED PROP.-SEC. BD. (ASSESS) (CCP#39-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 REQ. IND./ENT. LOC. OUT. COB WHO PURCH. CITY OWNED PROP.-SEC. BD. (PERMITS) (CCP#91-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 FEASIBILITY OF PROPERTY BOND FOR OUT-OF-STATE BUYERS OF CITY-OWNED PROP. (LAW) (CCP#28-DEC. 11, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 MASTEN PARK FIELD HOUSE (ITEM NO. 53, C.C.P., OCT. 30, 200 1) 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. 94 Page 48 01-1226-SS1221.txt L. JACKSON - REQUEST MINUTES - KENSINGTON BAILEY AREA PLANNING (ITEM NO. 56, C.C.P., NOV. 27, 200 1) 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. 95 CITY ACQUISITION OF THE COMMUNITY SPRINGBOARD FACILITY (ITEM NO. 179, C.C.P., DEC. 12, 2000) (ITEM NO. 105, C.C.P., NOV. 13, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That this Common Council supports and endorses the City of Buffalo acquisition of the Community Springboard building, located at 1415 Fillmore, at fair market value; and That upon the acquisition of Community Springboard by the City of Buffalo, the City of Buffalo will become responsible for all utilities and maintenance of the facility; and That upon acquisition, Community Springboard will become a part of the Masten District Central City Development Corporation which is in formation and continue to operate as a Community based organization and will continue to service the Fillmore, Kehr and Ferry area Youth; and That Mrs. Mary Jackson will remain Executive Director of the Community Springboard site and will receive administrative and technical support from the Masten District Central City Development Corporation; and That after acquisition of the Community Springboard facility, it will remain open for no less than ten years to continue to serve the needs of area youth. ADOPTED NO. 96 BUFFALO PLACE OPERATION AND MAINTENANCE AGREEMENT (ITEM NO. 27, C.C.P., DEC. 11, 200 1) That the above item be, and the same hereby is returned to the Common Council Without recommendation. Mrs. Grant moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 97 PERMISSION TO HIRE A CONSTRUCTION MANAGER - NORTH JEFFERSON LIBRARY (ITEM NO. 22, C.C.P., NOV. 27, 200 1) (ITEM NO. 80, C.C.P., DEC. 11, 2001) 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. 98 INCREASED APPROPRIATION - SOLID WASTE ENTERPRISE FUND (ITEM NO. 124, C.C.P., DEC. 11, 2001) Page 49 01-1226-SS1221.txt That the Comptroller be, and he hereby is authorized and directed to increase the revenue estimate in the sum of $131,481.95 from Solid Waste - Sale of Land, Buildings & Equipment 52510030-3 92101 to meet the increased appropriation to Solid Waste -Refuse & Recycling, 52002606 - Leasing of Equipment & Vehicles, 444202 as set forth in the above communication. PASSED AYES - 13 NOES - 0 NO. 99 TRANSFER OF FUNDS - PLANNING FOR CAPITAL PROJECTS - PUBLIC WORKS (ITEM NO. 126, C.C.P., DEC. 11, 2001) That pursuant to 20-12 of the Charter and the Certificate of the Mayor and the Comptroller, the sum of $332,500 be transferred from Planning for Capital Projects, 30000106-445 100 the sum of $50,000 in the following manner: Jefferson Renovations/Masten District Infrastructure, 36310206-445100, the sum of $100,000 to Signal Improvements (CMAQ), the sum of $7,500 to Broadway Garage Study, the sum of $175,000 to Buffalo Intermodal Transportation Center, 32447006-445 100. PASSED AYES - 13 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 100 D. MORGANTE, JR., PETITION TO USE 1116 HERTEL AVENUE - BUILDING ADDITION (ITEM NO. 5 1, C. C.P., DEC. 11, 2 00 1 ) That after the public hearing before the Committee on Legislation on December 18, 2001, the petition of D. Morgante, Jr., owner, for permission to use 1116 Hertel Avenue for a building addition be, and hereby is approved. PASSED AYES - 13 NOES - 0 No. 101 D. Watts, Petition to Use 2730 Delaware Avenue Illuminated Ground Sign (Item No. 48, C. C.P., Dec. 11, 200 1) That the petition of D. Watts, for permission to use 2730 Delaware Avenue for an illuminated ground sign be, and hereby is approved with the conditions the sign be no higher than 9.9 feet in height and the panels are to be off-white. PASSED AYES - 13 NOES - 0 NO. 102 D. WATTS, PETITION TO USE 3470 MAIN STREET - ILLUMINATED GROUND SIGN (ITEM NO. 49, C.C.P., DEC. 11, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of D. Watts, for permission to use 3470 Main Street for an illuminated ground sign be, and hereby is approved. PASSED AYES - 13 NOES - 0 Page 50 01-1226-SS1221.txt NO. 103 D. MIKA, PETITION TO USE 2207 NIAGARA STREET - ILLUMINATED MONUMENT SIGN (ITEM NO. 64, C. C.P., NOV. 27, 200 1) That the petition of D. Mika, agent, for permission to use 2207 Niagara Street for an illuminated monument sign be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 104 T. CLEMENTS, AGT., USE 29 KAIL FOR A TELECOMM. TOWER (HRG. 11/7) (CCP#97-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 I FEGGANS & OTHERS-OPP. RE-ESTABLISHING DELI-278 E. DELAVAN (CCP#100-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 I FEGGANS & O-OPP. RE-ESTABLISHING DELI-278 E. DELAVAN (ZONING) (CCP#58-NOV. 13, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 C. FISHER-M. EDWARDS-REQ. ASSIST. -DELI-WESTON/EASTON (CCP#70-NOV. 13, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 C. FISHER-M. EDWARDS-REQ. ASSIST. -DELI-WESTON/EASTON(POL) (CCP#24-DEC. 11, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 LOC. LAW INTRO #9(2001) BFLO CREATIVITY/CIVIC SOLUTIONS COMM. (CCP# 156-NOV. 13, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 AMEND TRAFFIC ORD. TO REMOVE FREE PKG FOR DISABLED(PW) (CCP# 35 OCT. 2, 01) That the above item be and the same hereby is received Page 51 01-1226-SS1221.txt and filed. ADOPTED NO. 111 NOTIFICATION SERIAL #9362-9368 (ITEM NO. 38, C.C.P., OCT. 30, 2001) 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 Legislati6n. ADOPTED. NO. 112 NOTIFICATION SERIAL #9376-9385 (ITEM NO. 37, C.C.P., NOV. 13, 200 1) 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 Legislati6n. ADOPTED. NO. 113 USED CAR DEALER LICENSE - 12 KNOX AVENUE (ITEM NO. 29, C.C.P., DEC. 11, 2001) 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 Joseph Chimento, d/b/a Pro Collision, located at 12 Knox Avenue. PASSED AYES - 13 NOES - 0 NO. 114 WIDENING OF SCATHERED PLACE ENTRANCE - BATTAGLIA RECYCLING FACILITY (ITEM NO. 37, C.C.P., SEPT. 18, 2001) That the Director of Real Estate and Commissioner of Public Works, Parks & Streets be, and they hereby are authorized to negotiate a purchase of Scathered Street by Battaglia Demolition, Inc. and to report back to the Common Council the results of those negotiations, which shall be subject to the recommendations outlined above. PASSED AYES - 13 NOES - 0 NO. 115 HAMPTON INN/SUITES - REQ. PERM TO OCCUPY - CARY STREET ROW (P.W.) (ITEM NO. 40, C.C.P., NOV. 13, 200 1) (ITEM NO. 10 1, C.C.P., NOV. 13, 200 1) 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. 116 CANOPIES - 655 MAIN STREET (ITEM NO. 4 1, C. C.P., OCT. 3 0, 200 1) (ITEM NO. 96, C. C.P., NOV. 27, 200 1) (ITEM NO. 92, C.C.P., DEC. 11, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere Page 52 01-1226-SS1221.txt license" to Larry Quinn of 655 Main Partners, LLP, located at 655 Main Street, to install two (2) canopies, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other required permits, including a building permit from room 301 City Hall, necessary for said installation. 2.That the City Planning Board reviews and approves the proposed canopies. 3.That the canopies be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 4.That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said canopies. PASSED AYES - 13 NOES - 0 COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 117 C. FISHER & B GRANT-M ALSTON-CONCERNS LASALLE AVE (CCP# 36-DEC 11, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 REV. LOAN FUND CONTRACT-UPDATE (CP) (CCP#21 -JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 C. FISHER-K. PRATT- SEBASTIAN'S-COMPLAINT AGAINST INSPECTIONS DEPT. (CCP#82-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 120 ESTABLISH SCARED STRAIGHT PROGRAM (CCP#162-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 EST. SCARED STRAIGHT PROGRAM (POL) (CCP#56-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 53 01-1226-SS1221.txt NO. 122 P. DUFFY, CONCERNS, 911 RESPONSE TIME (CP) (CCP#33-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 P. DUFFY, CONCERNS-911 RESPONSE TIME (POL) (CCP#45-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 C. FISHER, WAKEFIELD AVE. RESIDENTS-CONCERNS-REQ. INCR. POL. PATROL (CCP#101-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 C. FISHER, WAKEFIELD AVE. RESIDENT S-CONCERNS-REQ. INCR. POL. PATROLS (POL) (CCP#51-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED TELECOMMUNICATIONS (JAMES W. PITTS, CHAIRMAN) NO. 126 ORDINANCE AMENDMENT - CHAPTER 440 - TELECOMMUNICATIONS (ITEM NO. 223, C.C.P., MAY 1, 2001) That after a public hearing, the Ordinance Amendment as contained in Item No. 223, C.C.P., May 1, 2001, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 127 ORD. AMEND. CH. 440-TELECOMMUNICATIONS (CCP#261-DEC. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 ORD. AMEND. CH. 440-TELECOMMUNICATIONS (HRG. 10/7) (CCP#234-JULY 27, 01) That the above item be and the same hereby is received and filed. ADOPTED ENERGY/CO-GENERATION COMMITTEE (MARC A. COPPOLA, CHAIRMAN) NO. 129 INFO.-DISTRICT HTG. & COOLING SYSTFTK~ IN US Page 54 01-1226-SS1221.txt (CCP#195-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 G. ADKINS-COMPLAINT-FLIGH UTILITY BILLS (CCP#89-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 M. COPPOLA-HIGH ENERGY PRICES AND EFFECTS ON COB (CCP#94-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 D. VANINI-NIMO-"UNDERGROUNDING ELECTRIC SVS." (CCP#105-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 133 BY: MR. COPPOLA CITY'S FLEET OF OWNED OR LEASED VEHICLES Whereas: Some employees of the City of Buffalo are given city owned or leased vehicles-, and Whereas: These vehicles are to be used for purposes pertaining to city business; and Whereas: Each vehicle does add to the City of Buffalo's budget appropriations; and Whereas: Such appropriations include, but are not limited to, the cost to purchase or lease the vehicle, gasoline, and maintenance; and Whereas: Said city owned and leased vehicles should be clearly marked with the City of Buffalo's official seal, so they can be clearly identified as a city vehicle; and Whereas-. The marking should be of permanent nature, either painted or a applied decal, so it can not be removed easily; and Whereas: Due to the city's current financial situation, as well as, the above-mentioned concerns, a thorough evaluation of city owned and leased vehicles and their necessity as it pertains to performing city business. Now, Therefore, Be It Resolved: That the Commissioner of Administration and Finance report to this Common Council as to the specific policies pertaining to the use of City owned or leased vehicles, as well as, a detailed list, by title, of who is given these vehicles on a twenty-four (24) hour basis; and Be It Further Resolved: That the Commissioner of Administration and Finance also supply a listing of all city owned or leased vehicles that do not bear the official seal of the City of Buffalo, and for what reason they are not marked; and Be It Further Resolved: Page 55 01-1226-SS1221.txt That the above mentioned list includes the gasoline costs in total, as well as, for each individual vehicle. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 134 BY: MR. GOLOMBEK NEGOTIATE LEASE WITH NORTHWEST BUFFALO COMMUNITY CENTER Whereas: The Northwest Buffalo Community Center (NWBCC) together with the Holy Cross Head Start program, that operates within the community center, have secured grant money to build a playground; and Whereas: The playground is to be built near the community center and will be open to the public. The site selected is located adjacent to the NWBCC and is owned by the City of Buffalo; and Whereas: There will be no City of Buffalo funds needed for this playground. However, in order to build the playground the NWBCC and Holy Cross Head Start will need to secure a lease agreement for the land with the City of Buffalo; and Whereas: Currently, there are no other playgrounds in the area for the local children to utilize. Be It Resolved: That this Honorable Body commends the organizations for creating an enhancement to the local community that does not call for the use of public dollars. Therefore, this Common Council authorizes the Department of Real Estate to negotiate a lease for the location that the Northwest Buffalo Community Center and the Holy Cross Head Start have selected for the playground; and Be it Finally Resolved: That the Division of Real Estate files with this Common Council the result of the lease negotiations for approval. PASSED AYES -13 NOES - 0 NO. 135 BY- MS. GRANT: BOND RESOLUTION $2,800,000 BONDS CONVERSION-FREDERICK DOUGLAS TOWERS ACCOUNT 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,800,000 General Improvement Bonds of said City, to finance an additional portion of the City's funding commitment for the conversion of the Frederick Douglas Towers into a new housing development, pursuant to the Stipulation of Settlement and Amended Consent Decree in the case of Comer v. Cuomo, et. a]., as approved by the United States District Court, Western District of New York, at the estimated maximum cost of $2,800,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Eight Hundred Thousand Dollars ($2,800,000), pursuant to the provisions of the Page 56 01-1226-SS1221.txt Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance an additional portion of the City's funding commitment for the conversion of the Frederick Douglas Towers into a new housing development, pursuant to the Stipulation of Settlement and Amended Consent Decree in the case of Comer v. Cuomo, et. al., as approved by the United States District Court, Western District of New York. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,800,000 as set forth in the duly adopted 2001 Capital Improvement Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Frederick Douglas Conversion, 2001 ", Bond Authorization Account No. 3000-60, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,800,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 33 (a) of the Local Finance Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or Page 57 01-1226-SS1221.txt (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Message of Necessity That pursuant to law, we hereby certify that the immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Introduced: LAID ON THE TABLE NO. 136 BY: MS. ROSEMARIE LOTEMPIO DISPLAY BANNER FOR FIRST NIGHT Whereas: Independent Health, Inc. plans to hold the above event on December 31, 2001; and Whereas: To promote this new event, Independent Health. Inc. has requested permission to display a banner on Elmwood Ave. at Bidwell Parkway, and Whereas: The organizers would like to display the banner during December of 2001: Now, Therefore, Be It Resolved: That this Common Council grants permission to Independent Health. 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 -13 NOES - 0 NO. 137 BY: MRS. LOTEMPIO REQUESTING THE CITY OF BUFFALO COMPTROLLER TO AUDIT THE BUFFALO MUNICIPAL HOUSING AUTHORITY Whereas: The City of Buffalo Charter, Article 7, Section 4 gives the City Comptroller the power to examine, audit and settle the accounts of all officers, departments, board, commissions and other agencies of the city; and Whereas: The City Comptroller also has the power to conduct performance audits of all bureaus, offices, department, boards, commissions, activities, functions, programs, agencies and other entities or services of the city to determine whether their activities and programs are conducted in compliance with applicable law and regulations; and Whereas: Annually the City of Buffalo makes budget appropriations to the Buffalo Municipal Housing Authority for its program operations; and Whereas: Given the City of Buffalo's current fiscal problems, the City must begin to review all departments, programs, Boards and Authorities in an effort to ensure that all City entities are being run in the most efficient and cost Page 58 01-1226-SS1221.txt effective manner; Now, Therefore Be It Resolved That: This Common Council requests that the City Comptroller audit the Buffalo Municipal Housing Authority to determine the efficiency of BMHA and to make recommendations on what changes could be made to improve the operation of BMHA; and Be It Further Resolved That: The Buffalo Municipal Housing Authority provide all necessary documentation to the City Comptroller; and Be It Finally Resolved That: The City Comptroller shall file a written report with the council and the city clerk upon the completion of the audit of the Buffalo Municipal Housing Authority. ADOPTED NO. 138 BY: MRS. LOTEMPIO, MR. THOMPSON, MR. PITTS, MS. GRAY, MR. FISHER, MR. COPPOLA, MS. MILLER-WILLIAMS, MS. ELLINGTON, MR. FONTANA, MR. BONIFACIO, MR. GOLOMBEK, MRS. MARTINO, AND MS. GRANT SUPPORT A7222 - AMENDING THE SALES TAX- FORMULA FOR ERIE COUNTY Whereas: NYS Deputy Speaker Arthur 0. Eve has introduced Assembly bill A7222 which would extend the 81h percent of the sales tax in Erie County through 2004, and which provides for the County sharing the 81h penny in small incremental steps; and Whereas: Under A7222, Erie County would receive 95% of the proceeds of the 8th penny in the first year, 90% in the second year, 85% the third year, etc., with the rest of the proceeds split among Erie County's cities, towns and school districts; and Whereas: In 1986, in the midst of a fiscal crisis, the County of Erie approached the City of Buffalo for support in asking the NYS Legislature to impose an additional one percent (I%) sales tax, with the revenues from the tax to be used to pay down the County's debt; and Whereas: The City of Buffalo supported Erie County at that time and the County has since made final payments on the $75 million debt; and Whereas: This Council has consistently made the argument that since the County's crisis has passed, the 81h penny of the sales tax should be shared on the same basis as the other locally designated portion of the sales tax; and Whereas: The City of Buffalo is now facing its own fiscal crisis that threatens to force horrific and untenable cuts in City services - already, hundreds of teachers and other City employees have been laid off, and Whereas: If the City of Buffalo were to receive its rightful share of the 81h penny,as much as $1, 8 million per year could be available to the City and $9 million to the School Board to address the current crisis and support the reestablishment of fiscal stability for Buffalo; and Whereas: In the short term A7222 would provide only a fraction of the revenues of a full sharing of the 8 th penny, but it would start a long term process for 8th sharing this crucial revenue stream and establish the principle that the penny does not belong to the County forever; and Whereas: It Is important to establish this principle because Erie County is treating a temporary tax that has outlived its original purpose as an entitlement, and has become more Page 59 01-1226-SS1221.txt and more dependent on this source of revenue; Now, Therefore, Be It Resolved That: While this Council continues to support the sharing of the 81h penny under the same formula that governs the sharing of the rest of the sales tax, it also supports A7222 as a progressive and pragmatic first step in establishing a more equitable compact regarding the 8 th penny; and Be it Further Resolved That: The City Clerk be directed to forward certified copies of this memorialization. to Governor Pataki, to the Clerk of the Assembly, the Secretary of the Senate and to the members of the Western New York Legislature delegation. ADOPTED NO. 139 BY: MRS. MARTINO DISCHARGE COMMITTEE ON CLAIMS - CENTRAL TERMINAL RESTORATION CORP. (ITEM 113 CCP 6/12/01) Whereas: The above item is currently in the Committee on Claims; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Claims from further consideration of this item, and said item is now before the Council. Seconded by Mr. Fontana Mrs. LoTempio moved to adopt the discharge Mrs. Martino moved to recommit the above item to the Committee on Claims. ADOPTED NO. 140 BY: MR. THOMPSON CONCERNS REGARDING THE E-RATE PROGRAM AND SCHOOL RENOVATION PROJECT Whereas: The Common Council, the Joint School Construction Board, the Buffalo School Board, and the City Administration have worked together to establish goals for minority and women participation for workers and business owners on the school renovation and construction project; and Whereas: The first phase of the E-Rate plan and several other initiatives are not included in the goals for MWBE participation for the rest of the school renovation and new school construction project; and Whereas: it is important that the Joint School Construction Board, the School Board/Board of Education adopt the minority business goal of 25% and 5% women business goal, and the 40% workforce goal for the first phase of the E-Rate project and other renovations that do not have MWBE and workforce requirements at said levels; and Whereas: This would be a tragedy if construction were to begin in January 2002 with inadequate participation goals-, Now, Therefore, Be It Resolved: That the Buffalo School Board and the Joint School Construction Board establish MBE goal of 25% and WBE goal of 5%, and a minority and women workforce goal of 40% on the first phase of the E Rate/technology upgrade portion of the school renovation project and that the federal Section 3 policy be enforced too; and Page 60 01-1226-SS1221.txt Be it Finally Resolved: That the Joint School Construction Board file with this Common Council before 2 p.m. January 3, 2002, an MWBE and minority and women workforce utilization report for the companies that have been awarded contracts to provide legal, accounting, architecture, and engineering work for the JSCB and the Buffalo Public Schools. REFERRED TO THE COMMITTEE ON EDUCATION AND THE JOINT SCHOOL CONSTRUCTION BOARD NO. 141 BY: MR. THOMPSON EXTENSION OF ASSESSMENT APPEALS Whereas: The City Charter puts into effect the provisions of the New York Real Property Tax Law providing for the annual assessment challenge process; and Whereas: Several events have effected the city causing a diversion of attention from the assessment process; and Whereas: It is speculated that a large majority of houses in the Masten District are over assessed due to vacancies, arsons, illegal activity and absentee owners among other property factors; and Whereas: The Masten District Council Office has received various requests from block clubs, residents and community activists for an extension of the Assessment Appeal Process Now Therefore Be It Resolved: That the City of Buffalo extends its assessment appeal process until January 31, 2002 ADOPTED NO. 142 BY: MS. BARBARA MILLER-WILLIAMS MICHIGAN AVENUE REDEVELOPMENT PROJECT Whereas: Michigan Avenue, also known as Harriet Tubman Way, has experienced substantial economic growth with the influx of several new businesses in the vicinity of William Street and Seneca Street during the past several years; and Whereas: In 1993, the Ellicott Town Center redevelopment project by Norstar USA and the Ellicott Mall Partnership, began construction on the multimillion dollar project with financing, in part, with local, state and federal funds; and Whereas: This historic community is surrounded by rows of newer homes built over the last decade and only blocks away from the Town Gardens Plaza and Apartment Complex; and Whereas: In 1996, representatives from Norstar Development USA committed to several commercial ventures to be located in the fon-ner mall area as part of the overall redevelopment plan; and Whereas: To date, with the exception of one commercial entity, the lots remain vacant eyesores which discourages viable business entities from considering the area for commercial expansion; and Whereas: Numerous residents, religious leaders, and area business owners have expressed the need to fulfill the original commitment to include a Taco Bell Restaurant, Wilson Farms, and an anchor store for the complex. Now, Therefore, Be It Resolved: That this Common Council requests the Office of Strategic Planning file a response outlining what specific efforts have been taken to assist Norstar Development USA to redevelop Page 61 01-1226-SS1221.txt the area; and Be It Further Resolved: That representatives from Norstar Development USA be requested to appear before this Honorable Body to provide an update on plans to complete the Ellicott Town Center Complex. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING NO. 143 BY: MS. BARBARA MILLER-WILLIAMS RENAME JOHNSON PLAYGROUND TO "REV. JAMES ECKRIDGE PARK" Whereas: The late Reverend James Eckridge dedicated the majority of his life to the improvement of his community, encompassing the Ellicott District; and Whereas: The Reverend Eckridge served as Pastor of the True Faith Missionary Baptist Church on Broadway Street and worked diligently with the former B.U.I.L.D. Organization, assisted with organizing the Fox Street Block Club and devoted numerous hours working with community youth; and Whereas: Reverend Eckridge continuously advocated for community youth and was an avid supporter of the Johnson Street Playground. His entire life has proven to be a display of selfless journey to inspire youth to become better leaders for tomorrow; and Whereas: Reverend Eckridge was also involved in many other worthwhile community endeavors and received various deserved awards in recognition of his tireless efforts and dedication to this community; and Whereas: Naming a public facility after Reverend Eckridge would be an appropriate way for the City of Buffalo to recognize a community leader whose selfless dedication throughout his life left a memorable mark in our community; and Whereas: Renaming Johnson Street Playground, on the eastside of the Ellicott District, to recognize one of its community leaders is a fitting way for the City of Buffalo to honor Reverend Eckridge in his own community; and Now, Therefore, Be It Resolved: That this Common Council, after an appropriate Public Hearing set by the City Clerk, redesignates the Johnson Street Playground as James Eckridge Playground in honor of Reverend James Eckridge. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 144 BY: MS. MILLER-WILLIAMS RECONSTRUCTION OF THE FRUITBELT COMMUNITY CENTER Whereas: Funds to reconstruct the Fruitbelt Community Center have been in place for over 10 years; and Whereas: Strategic Planning and other departments have stated that the money was not there or was possibly re-allocated to other projects; and Whereas: After further research it was determined that $235,000 was authorized by the Common Council on June 11, 1991 for reconstruction of the Fruitbelt Community Center; and Page 62 01-1226-SS1221.txt Whereas: These funds were never put in use for the Fruitbelt project; and Whereas: The Fruitbelt Community Center is in dire need of repairs. The re-allocation of this money will ensure that the Center remains open to serve the residents of the community for many years to come; Now, Therefore, Be It Resolved: That the $235,000 bond resolution passed in 1991 be used for its intended purpose of reconstructing the Fruitbelt Community Center; and Be It Further Resolved: That the Common Council authorizes the Department of Administration and Finance to release the funds for this very important project that is long overdue. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF STRATEGIC PLANNING NO. 145 BY: COUNCILMEMBER BARBARA MILLER-WILLIAMS TRAILBLAZING SIGNAGE "DR. JOHN W. WILLIAMS Whereas: On May 2, 1944 in Holy Grove, Arkansas; Reverend S.W. Sr. & Sally Williams welcomed their 12'b child, John W. Williams into the world; and Whereas: Dr. Williams received his M.B.A. in Education in 1970 from A.M. & N. College of Arkansas (University of Arkansas); and Whereas: On September 22, 1968, John Williams married Wanda Ann Wilson and they were later blessed with a baby girl named Yolanda Cheles; and Whereas: Following his father's, brother's and grandfather's footsteps-John Williams accepted his call to the ministry and served faithfully for two years as a Co-Pastor of the Greater Galilee Missionary Baptist Church in Indianapolis, Indiana; and Whereas: Dr. Williams began his "Vision for the Future" which entailed building a new church Edifice and a new Church Parsonage ... a 5 V2million dollar mission; which were completed in 1997 as scheduled; and Whereas: Dr. Williams, currently pastors two churches, Eastern Star Missionary Baptist Church in Toledo, Ohio and New Zion Missionary Baptist Church in Buffalo; and Whereas: Not limiting his work to these parishes, Dr. Williams travels extensively to various cities conducting numerous workshops and revivals and has outreach ministries via television, radio, tapes and newsletters; and Whereas: Dr. Williams has been elected President of the Baptist Ministers Conference of Buffalo, New York and Vicinity, and has been selected to serve on the Mayoral Transition Committee of Toledo, Ohio. Now Therefore Be It Resolved: That this Honorable Body respectfully requests the Department of Public Works to install Trailblazing Signs that reads, "Dr. John W. Williams Way" on High Street between Peach Street and Orange Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 146 BY: MS. BARBARA MILLER-WILLIAMS WAIVE PERMIT FEES-ST. LOUIS RC CHURCH Whereas: The Saint Louis Roman Catholic Church has been a long-standing pillar of the Ellicott District in the City of Buffalo; and Page 63 01-1226-SS1221.txt Whereas: In preparation of their 175 th Anniversary in the year 2004, Saint Louis Roman Catholic Church, the Mother Church of the Diocese of Buffalo is planning a complete restoration of the church located at 35 Edward Street; and Whereas: This historic Parish sits at the gateway to our downtown Buffalo, New York, sharing the comers of Main, Goodell and Edward Streets, with the Chancery of the Diocese; the Cyclorama and the Sidwell Buildings; and Whereas: The first phase of the project will be cleaning, repainting and restoring the exterior of the Church; and Whereas: A Certificate of Exception: from the Buffalo Preservation Board as well as approvals from the New York State Office of Parks, Recreation and Historic Preservation has been secured. Now, Therefore, Be It Resolved: That this Common Council grants a waiver of fees for all required permits associated with restoration of the Saint Louis Roman Catholic Church located at 35 Edward Street. REFERRED TO THE COMMITTEE ON FINANCE NO. 147 BY. MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverennd Robert L. Graham By Councilmember Pitts, Michaux Felicitation for Alpha Phi Alpha Fraternity By Councilmember Brown, Michaux, Pitts ADOPTED. NO. 148 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31 st 2002 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: DANIELLE SAWYER NINA LITTLEJOHN SHARI WOODS HELEN CONTEH ANTHONY MOSES TERRELL D. JACKSON BRIAN K. LEWIS MAUREEN M. GEOGHEN SHARON GRIFFIN ADOPTED. NO. 149 BY: BARBARA A. WILLIAMS 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, 2 0 0 2, 'conditional - upon the persons so appointed certifying under oath to their qualifications and filing same with the City DANA MARCINIAK Page 64 01-1226-SS1221.txt GERALD T. SKINNER ADOPTED UNFINISHED BUSINESS NO. 150 BOND RESOLUTION-$1,500,000-PLANNING IMPR.-JSCB NEW SCH. CONST. (CCP# 122-12/11 /0 1) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES -13 NOES - 0 NO. 151 LOCAL LAW INTRO. 414 (2001) RESIDENCY REQUIREMENTS-MAYOR/COMPT. (CCP# 131-12/11 /0 1) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item .Seconded by Mr. Fontana PASSED AYES- 13 . NOES- 0 NO. 152 MAYOR FISCAL REFORM PLAN (CCP# 2, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved to send the above item to the Committee on Budget ADOPTED NO. 153 PUBLIC WORKS AMEND. PKG. METERS (CCP# 3, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES -13 NOES - 0 NO. 154 ORD. AMEND. CH. 75 AMUSEMENTS (CCP# 4, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES -13 NOES - 0 NO. 155 Page 65 01-1226-SS1221.txt ORD. AMEND. CH. 175 FEES CONTRACTORS (CCP# 5, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana PASSED AYES -13 NOES - 0 No. 156 Ord. Amend. Ch. 175 Fees Flammable Liquids (CCP# 6, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table, Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 157 Ord. Amend. Ch. 175 Fees Golf Course Etc. (CCP# 7, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 158 Ord. Amend. Ch. 175 Fees Insp. Public Assemblage (CCP# 8,12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 159 Ord. Amend. Ch. 175 Fees Insp. Public Utility Holding Franchise (CCP# 9, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 160 Ord. Amend. Ch. 175 Fees Junk Dealers, Etc. (CCP# 10, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above Page 66 01-1226-SS1221.txt item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 161 Ord. Amend. Ch. 175 Fees Lodging House. (CCP# 11, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 162 Ord. Amend. Ch. 175 Fees Residential User Fees (CCP# 12, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontona CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontanar PASSED AYES - 13 - NOES - 0 No. 163 Ord. Amend. Ch. 175 Fees Restaurants (CCP# 13, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 164 Ord. Amend. Ch. 175 Fees Taxicabs/Liveries (CCP# 14, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 165 Ord. Amend. Ch. 175 Fees Telephone Facilities (CCP# 15, 12/21/2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Fontana PASSED AYES - 13 - NOES - 0 No. 166 Page 67 01-1226-SS1221.txt ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in Room 1417 City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Thursday, January 3, 2002 at 9:30 o'clock A.M. Committee on FinanceThursday, January 3, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev.Thursday, January 3, 2002 at 1:00 o'clock P.M. Committee on LegislationThursday, January 3, 2002 at 2:00 o'clock P.M. Committee on EducationThursday, January 3, 2002 at 3:00 o'clock P.M. Special Committees Minority Business Enterprise Monday, January 7, 2002 at 10:00 o'clock A.M. Committee Erie Basin Marina T.F. Thursday Jan. 3, 2002 At 2:00 pm Inauguration Wednesday Jan. 2, 2002 At 2:00 pm Reorg Meeting Wednesday Jan. 2, 2002 At 2:00 pm (Public Disclaime ): 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 where by 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. 167 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the Council adjourned at 4:10 pm No. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated December 21, 2001, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, December 21, 200 1, at 11: 00 P.M., for the following purposes: To receive and take appropriate action on: 1. All Items Relating To Fiscal Reform Plan RECEIVED AND FILED YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of seven Councilmembers, dated November 15, 2001, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 212001 at 11: 00 A.M. for the following purpose: Page 68 01-1226-SS1221.txt To receive and take appropriate action on 1. All Items Relating To Fiscal Reform Plan WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. All items pertaining to Fiscal Reform Plan We request that this Special Meeting be held on December 21, 2001 at 11:00 A.M. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO KAREN ELLINGTON RICHARD FONTANA BETTY JEAN GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON MARC COPPOLA CHARLEY FISHER III JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO BARBARA MILLER-WILLIAMS hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on Friday, December 21, 2001 at 11:00 A.M. appeared On this 20th day of December 200 1, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. No. 2 ORDINANCE AMENDMENTS Attached hereto is the Mayor's Fiscal Reform Plan for fiscal year 2001 2002 and 2002 -2003 and proposed Ordinance amendments relative to the plan. COPY AVAILABLE IN CITY CLERKS OFFICE LAID ON TABLE NO. 3 Amendment of Parking Meters Subsection 7 of Section 33 of Chapter 479 Traffic Ordinances The following action is being submitted at the request of the Downtown Buffalo Parking Infrastructure Task Force as outlined in Common Council Item #5 of April 4, 2000. It is supported by the Department of Administration and Finance and this Department. Therefore, the Department of Public Works, Parks & Streets and the Department of Administration and Finance requests Your Honorable Body's approval of the following amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479. I. That Subsection 7 of Section 33 of Article I be amended to read as follows: [(7)Coin to be deposited. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug device or substitute for a proper coin of the United States. The rate on one-hour meters providing 12/24/36/48/60 minutes of Page 69 01-1226-SS1221.txt parking time shall be 5 cents for a period not exceeding 12 minutes and 10 cents for a period not exceeding 24 minutes, 15 cents for a period not exceeding 36 minutes, 20 cents for a period not exceeding 48 minutes, 25 cents for a period not exceeding 60 minutes, 30 cents for a period not exceeding 72 minutes, 35 cents for a period not exceeding 84 minutes, 40 cents for a period not exceeding 96 minutes, 45 cents for a period not exceeding 108 minutes and 50 cents for a period not exceeding 120 minutes. Each meter shall have legibly printed thereon the amount of money to be deposited therein.] (7) Funds to be deposited It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device or substitute for a proper coin of the United States. The rates for metered parking, shall be as follows: Rate A - $0.25 / 15 minute maximum Rate B - $0.50 per hour / 2 hour maximum Rate C - $1.00 12er hour / 2 hour maximum Rate D - $2.00 per day Rate E - $3.00 per day * () [material to be deleted. ? __material to be added. LAID ON THE TABLE NO. 4 Ordinance Amendment Chapter 75 - Amusements The Common Council of the City of Buffalo does hereby ordain as follows: That Section 75-14 of Chapter 75 of the Code of the City of Buffalo be amended to read as follows:  75-14. Indoor public assemblage. A. No public assemblage, as hereinafter defined, shall be held in any building or structure in the City of Buffalo unless the owner or the lessee of said building or structure shall have posted in a conspicuous place upon one (1) of the walls of said building or structure at the entrance thereof an inspection certificate as herein provided. B. Such inspection certificate shall be required and issued annually by the [Director] Supervisor of Licenses [and Permits] upon the payment by the applicant therefor of the fee as provided in Chapter 175, Fees. Said certificate shall bear the approval of the Director of Inspections and Licenses and the Commissioner of Fire. The signature of the heads of said Departments upon the certificate shall indicate their respective approvals as of the date of said approvals and shall be to the following effect: (1) The signature of the Commissioner of [Inspections and Licenses] Permit and Inspection Services upon said certificate shall mean that a building permit was theretofore issued by the City of Buffalo as provided by the building ordinances and that plans of said building or structure have theretofore been filed in the Division of New Construction. Before said certificate is signed by the Commissioner of [Inspections and Licenses] Permit and Inspection Services, there shall be on file in his office a plan or plans showing the structural details of said building or structure, together with a verified statement of the owner or lessee of said building or structure designating past uses of said building or structure, showing whether the same has ever been structurally altered and showing that Page 70 01-1226-SS1221.txt the plans on file are correct plans of said building as the same now exist. (2) The signature of the Commissioner of Fire upon said certificate shall mean that the laws relating to elimination of fire hazards, provision for fire escapes and proper means of exit and affecting motion-picture booths have been complied with by the applicant. C. Inspections shall be made from time to time by each of the aforesaid Departments. The [Director] Supervisor of Licenses [and Permits] may revoke said certificate at any time for a good cause after a hearing upon notice to the applicant. All certificates shall expire on August 1 next after issuance. D. A "public assemblage," within the meaning of this section, shall include any gathering in any [room where the floor area exceeds two thousand (2,000) square feet in any] building or structure for civic, political, social, religious, educational, fraternal, entertainment, recreational, theatrical or amusement purposes. E. Necessary placards indicating the capacity of any place of assembly in number of occupants, other than employees, shall be permanently displayed in a conspicuous place designated by the Commissioner of Fire in the room or rooms of public assemblage. Such placards shall be attested by the Commissioner of Fire. To permit any room or rooms to be occupied by a number of persons in excess of the stated capacity shall constitute a violation of this chapter. The placards are not to be less than fourteen (14) inches in width and seven (7) inches in height, with boldface black lettering three-fourths (3/4) inch in height, on white background, to read as follows: "THE TOTAL CAPACITY IN THIS ROOM IS LIMITED TO PERSONS." It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted; matter underlined is new. NO. 5 Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 144, Contractors  144-8G, home-improvement licenses Handyman $200.00 Home-improvement contractor [$300.00] $400.00 Specialty contractor $400.00 Light commercial contractor $400.00 New housing contractor $450.00 General contractor [$525.00] $750.00 Subcontractor$300.00 Construction management $300.00 Salesman's license or renewal $60.00 Duplicate license $10.50 Page 71 01-1226-SS1221.txt  144-12, demolition contractor's license Grade 1 [$210.00] $250.00 Grade 2 [$315.00] $350.00 Grade 3 [$420.001 $500.00 Grade 4 [$525.00] $750.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted, matter underlined is new. NO. 6 Re: Ordinance Amendment Chapter 175-Fees - Flammable Liquids The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 186, Flammable Liquids  186-5, licenses (biennial) Repair garages [Up to 3,000 square feet floor area] New License [$31.50) $88.00 [Over 3,000 square feet floor area] License Renewal [$73.50] $74.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted, matter underlined is new. NO. 7 Re: Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows:  309-28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Resident Noncity Resident GOLF COURSES Seasonal fee for South Park, [$125.00] $160.00 [$250.00] $310.00 Park, Cazenovia and Delaware Golf Courses Senior citizens with city [$65.00] $80.00 [$200.00] $250.00 city identification cards Youths under 16 with city [$65.00] $80.00 [$125.00] $160.00 identification cards Junior Program [$50.00] $60.00 [$100.00] $125.00 Page 72 01-1226-SS1221.txt (12: 00 noon to closing, July to August only) Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, [$9,00] $12.00 [$13.00] $18.00 Sunday or holiday Seniors and youths under 16 [$6.00] $8.00 [$13.00) $18.00 on Saturday, Sunday or holiday IS holes on other days [$7.00] $9.00 [$12.00] $16.00 Seniors and youths under 16 [$5.00] $7.00 [$10.00] $13.00 on regular weekdays Twilight rate (starts after 6:00 p.m.)[$5.00] $7.00 [$7.00] $9.00 Reserve tee time, per reserved hour $50.00$50.00 New York State access pass Free Applicable rate LAWN BOWLING Seasonal Per person for $45.00 $65.00 Delaware Park BENNETT BEACH Daily parking Per automobile $3.00 $4.00 Per van $4.00 $5.00 Per bus $7.00 $7.00 DUPLICATE PERMITS Each permit $5.00 $10.00 BOAT TRAILER LAUNCHING PERMITS Seasonal $25.00 $50.00 ICE SKATING Youths under 18 and seniors $0.75 $2.50 18 years and over $1.50 $2.50 Designated private ice time: Outdoor rink: All groups, per hour $40.00 $40.00 Indoor rink: All groups other than [$85.00] $110.00 [$140.00] $180.00 developmental league, per hour Developmental league, [$55.00] $80.00 [$140.00] $200.00 (including Explorer League, Timon and Canisius High Page 73 01-1226-SS1221.txt School), per hour Nonresident participating with$55.00 resident or developmental league or high school, per individual/per season Skating lessons, per session $10.00 $10.00 INDOOR NATATORIUM Daily sessions (except for the months of July and August) City of Buffalo residents with identification cards Under 18 years and seniors $0.75 $2.50 18 years and over $1.50 $2.50 July and August Under I8 years and seniors $2.50 18 years and over $2.50 Seasonal Under 18 and seniors $50.00 $150.00 (with city identification cards) 18 years and older $100.00 $150.00 (with city identification cards) Designated private swimming time Half pool rental per $85.00 $140.00 group, per hour Exclusive use of pool,$170.00 $280.00 per hour Swimming lessons, per $10.00 $10.00 session CITY IDENTIFICATION CARDS Issued to city residents with valid $3.00 proof of residence, each [Parkside Lodge and Cazenovia Casino [$35.00] only; evenings, weekends and holidays, per hour] [Minimum fee [$125.00] [$125.00] DAILY RENTALS Special Events $200.00 $200.00 LaSalle Pavilion $250.00 $250.00 Parkside Lodge $125.00 $125.00 Marcy Casino $125.00 $125.00 Cazenovia Casino $125.00 $125.00 bucks and platforms $100.00 $100.00 Japanese Garden $35.00 $35.00 Park Permit $25.00 Page 74 01-1226-SS1221.txt $25.00 Park Shelter Permit $25.00 $25.00 Wedding Receptions $100.00 $100.00 Wedding Ceremony in Park $35.00 $35.00 Community Center Room $25.00 $25.00 BAND SHELL RENTAL Mobile band shell $400.00 $400.00 rental, per day DIAMONDS AND FIELDS Team permit, per season $75.00 $75.00 (grammar schools, high schools, volleyball leagues and little leagues excluded) It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted; matter underlined is new. NO. 8 Re: Ordinance Amendment Chapter 175 - Fees - INSPECTION PUBLIC ASSEMBLAGE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows:  75-14, inspection certificate for public assemblage, [$31.50] [annual feel original certificate $56.00 certificate renewal $42.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE Matter in brackets to be deleted, matter underlined is new. NO. 9 Re: Ordinance Amendment Chapter 175 -Fees - INSPECTION PUBLIC UTILITY HOLDING FRANCHISE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows:  413-62, inspection of work done by public utility holding [$66.00] $82.50 franchise from city per hour for each inspector required, with minimum of 1 hour per inspection It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Page 75 01-1226-SS1221.txt LAID ON THE TABLE Matter in brackets to be deleted; matter underlined is new. NO. 10 Re: Ordinance Amendment Chapter 175 - Fees - JUNK DEALERS, ETC The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 254, Junk Dealers and Pawnbrokers  254-6, scrap processor license Place of business in city is principal place of business $78.75 Other $52.50  254-8, permit for garage sale, if more than 3 sales per calendar year $10.50  254-21, licenses For collecting, buying or selling in, upon or from the streets with motor vehicle, per year $94.50 Pawnbrokers, per year $400.00 [Retail dealers in any of the materials heretofore specified and who have a fixed place for doing business, per year] [$63.00) Secondhand dealers, per yea new license $118.00 license renewal $104.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted, matter underlined is new. NO. 11 Re: Ordinance Amendment Chapter 175 - Fees - LODGING HOUSE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 269, Lodging Houses  269-13, license [For 3 to 6 beds or cots] [$26.25] [For 7 to 15 beds or cots] [$47.25] [For 16 to 25 beds or cots] [$68.25] [For more than 25 beds or cots] [$68.25, plus] [For each bed or cot in excess of 25] [$1.60] For 3 to 14 beds or cots (new license)$71.00 (license renewal) $57.00 Page 76 01-1226-SS1221.txt For 15 to 25 beds or cots (new license) $118.00 (license renewal) $104.00 For more than 25 beds or cots(new license) $118.00, plus $2.50 For each bed or cot in excess of 2 (license renewal) $104.00, plus $2.50 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be! deleted, matter underlined is new. NO. 12 Re: Ordinance Amendment Chapter 175 - Fees .- RESIDENTIAL USER FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 216 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows:  216-55, residential user fees Annual Fee Fixed Cost [$70.98] $81.63 plus; Variable Cost 35 gallon tote [$17.14] $19.71 65 gallon tote [$28.42] $32.68 95 gallon tote [$33.24) $38.23 residential vacant lot [$8.57] $9.86 Late charge, per quarter [$5.00] $5.75  216-56, commercial user fees. The minimum rate the Commissioner may charge covering the cost of collection shall be fixed cost plus variable rate per square foot. Annual Fee Fixed cost [$103.44] $118.96 User category (variable per 100 sq. ft.) I low user (0 to 40 lbs. per 100 sq. ft.) [$0.39] $O.45 H medium-low user (40 to 80 lbs. per 100 sq. ft.)[$1.19] $1.39 IH medium user (80 to 120 lbs. per 100 sq. ft.) [$1.97] $2.27 IV medium-high user (120 to 160 lbs. per 100 sq. ft.)[$2.761 $3.17 V high user (over 160 lbs. per 100 sq. ft.)[$3.54] $4.07 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter underlined is new. Matter in brackets to be Page 77 01-1226-SS1221.txt deleted. NO. 13 Re: Ordinance Amendment Chapter 175 - Fees - Restaurants The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 370, Restaurants  370-4, annual licenses Catering service [$31.50] New License $88.00 Renewal License $74.00 Restaurant, takeout [$31.50] New License $88.00 Renewal License $74.00 Temporary stand$31.50 [25 persons or fewer] [$31.50 [More than 25 persons and not more than 50 persons] [$36.75] [More than 50 persons and not more than 100 persons] [$47.25 [More than 100 persons and not more than 200 persons] [$63.00] [More than 200 persons and not more than 300 persons] [$84.00] [More than 300 persons and not more than 500 persons] [$100.00] [More than 500 persons] [$115.50] Restaurant, Sit In Seating Capacity Up to 200 New License $174.00 Renewal License $74.00 201-400 New License $250.00 Renewal License $t50.OO Over4OO New License $325.00 Renewal License $215.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted, matter underlined is new. NO. 14 Re: Ordinance Amendment Chapter175-Fees -TAXICABS/LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 437, Taxicabs and Liveries  437-8, transfer and registration Transfer of license $21.00 Registration of persons desiring taxicab or livery license, annually $5.25 Page 78 01-1226-SS1221.txt  437-12, licenses Taxicab license, for each vehicle, [$78.75] $115. 00 Taxicab driver's license, including identification card, biennial [$15.75] $40.00 Livery license, for each vehicle [$52.50] $75.00 [Livery driver's license, including identification card $15.75] Duplicate identification card $1.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter in brackets to be deleted, matter underlined is new. LAID ON THE TABLE NO. 15 Re: Ordinance Amendment Chapter 175 - Fees - Telephone Facilities The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 441, Telephone Facilities  441-2, licenses [Annual] Biennial license granted after July 1 1989, for each telephone per facility location [$131.25] $262.50 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laid on the table NOTE: Matter in brackets to be deleted, matter underlined is new. No. 16 Re: Ordinance Amendment Chapter 175 - Fees - Wharves, Harbors and Bridges The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 495, Wharves, Harbors and Bridges  495-7,lifting of bridges, per lift $60.00  495-34,docking at city-owned properties $1.30 per foot/per day (excluding Erie Basin Marina) slip rental at Erie Basin Marina Resident Non-Resident based on boat size for the season Up to and including 20 ft $750.00 $825.00 Over 20 ft up to and including 30 ft $1,075.00 $1,190.00 Over 30 ft up to and including 38 $1,450.00 $1,580.00 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is Page 79 01-1226-SS1221.txt necessary. APPROVED AS TO FORM LAID ON THE TABLE NOTE: Matter in brackets to be deleted, matter underlined is new. NO. 17 RE: ORDINANCE AMENDMENT CHAPTER 495 - WHARVES, HARBORS AND BRIDGES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 495 of the Code of the City of Buffalo be amended to read as follows: Section 495-34 Docking at City-owned Properties A. Unless the vessel is owned or being operated by the United States of America, the State of New York, the County of Erie or the City of Buffalo, all vessels shall be charged a docking fee at City-owned properties ([excluding] including Erie Basin Marina) as outlined in Chapter 175, Fees. B. Any person, firm, entity or corporation docking at a City-owned property (including Erie Basin Marina) without the permission of the Commissioner of Public Works shall be punishable by a Class E fine in the amount of $105. The Commissioner of Police and the Commissioner of Public Works shall possess concurrent jurisdiction in the enforcement of this provision. C. Any vessel docked at a City-owned property without permission shall be towed away by the Commissioner of Public Works and the cost of such towing shall be charged to the owner of the vessel. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laid on the table NOTE: Matter in brackets to be deleted; matter underlined is new. No. 18 Adjournment At 12:25 P.M., Mrs. LoTempio moved to Adjourn. Seconded by Mr. Fontana ADOPTED. Page 80