HomeMy WebLinkAbout03-0429No. 9
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
April 29, 2003
MAYOR
Hon. Anthony M. Masiello
DEPUTY
COMPTROLLER
Andrew SanFilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS -AT -LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVE30Y
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
03- 0429.txt
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson - Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
Grant - Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C.
Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio- Members
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FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino - Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
lean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, 7oseph Golombek 7r.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, APRIL 29, 2003
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and Council Members Bonifacio, Coppola, Davis, Fisher,
Fontana, Franczyk, Golombek, Grant , Gray, LoTempio
,Martino, and Thompson - 13.
ABSENT - 0
on a motion by Mr. Fontana, seconded by
Mrs. Grant, the minutes of the stated meeting held
on April 15, 2003 were approved.
FROM THE MAYOR - EXFCUTIVE DEPARTMENT
FROM THE BUFFALO PRESERVATION BOARD
NO. 1
CREATE SAFEGUARD AGAINST GRATUITOUS
DEMOLITIONS
CCP #217, APRIL 15, 2003
In response to your inquiry, the Buffalo Preservation Board is
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requesting that the following revisions be added to the above
captioned resolution as follows:
NOW THEREFORE BE IT RESOLVED:
That any brick, stone or building of partial masonry
construction in the City of Buffalo whether or not it is a local or
National landmark, a property listed on the National Register of
Historic Places, or in a preservation district, be subject to
review by the Buffalo Preservation Board and the Department
of Permit & Inspection services before the issuance of any
demolition permit, and,
NOW THEREFORE BE IT FURTHER RESOLVED:
That any application for demolition in the City of Buffalo be
accompanied by a photograph of the building to be demolished
and photographs of the adjacent buildings on either side of the
subject property for review by the Buffalo Preservation Board
and the Department of Permit and Inspection services, and,
BE IT FINALLY RESOLVED:
That the City Building Inspectors shall mount at least two (2)
substantial signs on the building to be demolished indicating
that the subject building is slated for demolition.
should you require additional information, please do not
hesitate to contact Thomas W. Marchese, Executive secretary
at 851 -5029.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATECIC PLANNINC
NO. 2
REPORT OF AUCTION - 678 BAILEY AVENUE
LOT SIZE: 150'x 192'
ASSESSED VALUATION: LAND: $ 13,000
TOTAL: $100,000
ITEM NO. 91, C.C.P. 3/4/03
The office of strategic Planning, Division of Real Estate
submitted the results of our public auction to the Common
Council, per Item No. 11 C.C.P. 2/18/03 and as a result the
property at 678 Bailey was omitted from the passed Item No.
81 C.C.P. 3/4/03.
This off ice is resubmitting the property located at 678 Bailey to
Your Honorable Body for approval. As you are aware the
property was auctioned on 7anuary 30, 2003 and the highest
bidder was Taher W. Abdellatif of 191 Fareway Lane, Grand
Island, New York 14072 in the amount of Nine Thousand
Dollars ($9,000.00). The purchaser has deposited twenty
percent of the bid price. The bid price is the amount to be
received by the City. The buyer is required to pay a ten- percent
buyer's premium to Cash Realty and Auction
The subject property consists of 3 -story brick
manufacturing /distribution warehouse with a partial basement.
said property was acquired by the City through tax foreclosure
In -Rem No. 35, serial No. 2738 of 10/23/01. The purchaser
intends to acquire, rehabilitate and use the property for storing
and distributing wholesale grocery supplies. He has submitted
his list of repairs including cost estimates and proof of
financing. The Collections office has indicated that he has no
outstanding debt and the Inspections office has indicated that
he has no outstanding violations.
I am recommending that Your Honorable Body approve the bid
of Taher W. Abdellatif in the amount of Nine Thousand Dollars
($9 No search or survey will be provided by the City. 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 COMMITTEE ON FINANCE
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NO. 3
RESCIND AUCTION SALE AND FORFEIT DEPOSIT
80 KOONS
ITEM NO. 91, C.C.P. 3/4/03
In the above referenced item Your Honorable Body
authorized the sale of 80 Koons to Mr. Dwayne Hicks of 751
Woodlawn Avenue, Buffalo, New York 14211. Mr. Hicks was
the highest bidder in the amount of Eight Hundred Dollars
($800.00), plus a 10% buyer's premium for a total of Eight
Hundred Eighty Dollars ($880.00).
The terms of sale required that the purchaser must submit a
detailed estimate of cost to repair and /or renovate the property
and submit proof of financial ability to complete the purchase,
repairs or renovations to the property.
Mr. Hicks was sent a letter on February 3 rd and again on
March 121h advising to submit the required documentation. Mr.
Hicks was informed if this office did not receive this list of
repairs /renovations and proof of financing by April 3, 2003 the
sale would be rescinded and his deposit forfeited. The Division
of Real Estate has not heard from Mr. Hicks.
Therefore, we are recommending that the Common Council
approve to rescind the sale of 80 Koons, return the property to
our inventory for resale and that the bidder forfeit his deposit in
the amount of one Hundred sixty Dollars ($160.00). Ten
percent of the deposit will remain with the Auctioneer for the
buyer's premium and ten percent will be deposited in the City's
General Fund - sale of In -Rem Property
REFERRED TO THE COMMITTEE ON FINANCE
NO. 4
RESULTS OF NEGOTIATIONS
256 EAST FERRY, 71.451 E ALEXANDER
LOT SIZE: 27' X 134.3 W'
ASSESSED VALUATION: LAND $2,700
258 EAST FERRY, 80' W JEFFERSON
LOT SIZE: 87' x 129'
ASSESSED VALUATION: 6,800
268 EAST FERRY, 50' W JEFFERSON
LOT SIZE: 30' x 89.53' E,28.06' R
ASSESSED VALUATION: LAND 1,800
272 EAST FERRY, WEST COR. JEFFERSON
LOT SIZE: 50' x 107'
ASSESSED VALUATION: LAND 4,000
IMPROVEMENT 6,000
TOTAL 10,000
1478 JEFFERSON, 107.23' N FERRY
LOT SIZE: 50' x 74' LAND $3,700
IMPROVEMENT 16,300
TOTAL 20,000
1482 JEFFERSON, 157.23' N FERRY
LOT SIZE: 45' x 153'
ASSESSED VALUATION: LAND 6,900
The office of strategic Planning, Division of Real Estate has
received a request to acquire the above captioned properties
from Mr. Ahmed M. Ayash, 1635 Genesee street, Buffalo, New
York 14211. Mr. Ayash intends to construct a combined
neighborhood convenience store /gas station facility.
An independent appraisal of the property was conducted by
Arrow Appraisal Service, 40 Gardenville Parkway West,
Buffalo, New York 14218. They have estimated the value of
the properties to be Forty Nine Thousand Dollars ($49,000).
The Appraisal Review Board, City of Buffalo, has reviewed the
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appraisal and recommends the Forty Nine Thousand Dollar
valuation.
The result of our negotiations are that Mr. Ahmed M. Ayash or
entity to be formed has agreed and is prepared to purchase
the six (6) properties for $49,000. He has also agreed to
prepare and file plans and obtain all necessary permits and
approvals for the construction of a convenience store /gas
station upon the approval of the purchase price by the
Common Council. The cost of the appraisal, transfer tax,
recording fee's, legal descriptions, search and surveys are to
be paid for by the purchaser.
The City of Buffalo will perform the petroleum remediation
work in accordance with the purchase agreement signed
between the City and the buyer dated April 16, 2003. In
exchange for the City of Buffalo performing petroleum
subsurface remediation and in consideration of the negotiated
purchase price, the purchaser agrees to release the City of
Buffalo from any and all claims and liabilities in accordance
with said agreement.
The office of strategic Planning and the Division of
Collections have no objections to the sale. There are no
outstanding taxes, code violations, or other liens owed to the
City of Buffalo by the purchaser.
RESULT OF NEGOTIATION
256, 258, 268, 272 E. Ferry, 1478 & 1482 7efferson
I am recommending that Your Honorable Body approve the sale
of 256, 258, 268, 272 East Ferry and 1478 and 1482 7efferson
in the amount of Forty Nine Thousand Dollars ($49,000) to Mr.
Ahmed M. Ayash or entity to be formed upon the above terms
and conditions. 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 COMMITTEE ON FINANCE
NO. 5
SENECA - BABCOCK REDEVELOPMENT
URBAN RENEWAL PLAN
Enclosed for your information - Negative Declaration of
Seneca - Babcock Redevelopment: urban Renewal Plan
SEQR.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 6
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
303 MAPLE STREET (CITY OWNED- VACANT LOT,
DIMENSIONS 30' x 100
The office of strategic Planning, Division of Real Estate has
surveyed the city -owned vacant lot at 303 Maple street,
Buffalo, New York 14204, parcel is 30' x 100' in dimension; and
it has been determined that this parcel is inappropriate for
either the construction of new housing or needed for public
purposes.
Ms. Annette Sharpe residing at 305 Maple street indicated that
she will clean, improve and maintain the lot in the event that
she obtains title to the property under the urban Homestead
Program.
The Division of Permits and Inspection services and the
Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the City of
Buffalo by the homesteader.
we, therefore, recommend that the city -owned vacant lot to be
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designated as a Homestead Property and be transferred to Ms.
Annette Sharpe, on the condition that the property is cleared
and improved within (6) months and maintained in a sanitary
manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 7
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
255 SHERMAN (CITY OWNED- VACANT LOT, 30' x 105')
The office of strategic Planning has surveyed the city -owned
vacant lot at 255 Sherman street, Buffalo, New York 14212,
parcel is 30' x 105' in dimension; and it has been determined
this parcel is inappropriate for either the construction of new
housing or needed for public purposes.
Ms. Samella Williams residing at 261 Sherman Street, Buffalo,
New York 14212 indicated she will clean, improve and maintain
the lot in the event she obtains title to the property under the
urban Homestead Program.
The Division of Permit and Inspection services and the
Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the City of
Buffalo by the homesteader.
we, therefore, recommend the city -owned vacant lot be
designated as a Homestead Property and be transferred to Ms.
Samella Williams, on the condition the property is cleaned and
improved within (6) months and maintained in a sanitary
manner.
Mrs. LoTempio Moved: That the City owned property commonly
known as 255 Sherman be and hereby is designated as
Homestead Property and that the property be transferred to Ms.
Samella Williams residing at 261 Sherman street on the
condition the property is cleared and improved within 6 months
and maintained in a sanitary manner
PASSED
AYES - 13 - NOES - 0
FROM THE COMPTROLLER
NO. 8
PBA CONTRACT REVIEW
Description
The City of Buffalo recently negotiated a tentative settlement
with the Police benevolent Association (PBA) for the years
starting 7uly 1, 2000 and ending at Tune 30, 2007.
It includes raises for the various years and a one -time
incremental $5,000.00 payment to each member for certain
concessions in the future. The Administration wanted to
institute one - officer cars and this contract was signed to
accomplish that.
The Administration proposal reflected savings of $15 million
over the future 5 years based on a comparison to the current
levels.
The proposal with the incentives includes head count numbers
for the years as follows: 877 817 757 675 675
Another approach may be to consider the headcount as falling
at a slower rate as follows: 877 850 800 750 700
As the analysis displayed earlier shows net savings over the
term of $15 million, this sensitivity for the headcount only
change is as follows:
$- 5,805,407 $- 6,025,796 $- 692,393 $4,334,254 $8,341,806=
net $152,464
The difference is considerable and the retirements are strictly
voluntary. The headcount starts at 881 because 4 former
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officers need to return from the County.
The transition toward one - officer cars would begin in 7uly 2003
in "B" District if the state agrees to the re- engineering monies.
The state would need to agree to the monies during May 2003
for the City to pass its budget on time.
Payback, by its very nature needs to be accomplished earlier
than the fourth, fifth or sixth years.
The changes in schedules, supervision, cars and retirements
are in the future. The payout of $5,000.00 per officer is
retroactive to 7uly 2002. The benefits could be realized, but our
history of already reducing the officer's total annual hours by
132 hours with a "bargain in good faith" provision for
one - officer cars never was realized in the eight previous years
since 1995.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 9
INFO
TREASURY
AUDIT FINDINGS
our analysis of bank deposits and withdrawals by fund reveals
that the City Treasury processed and recorded over $973
million for the period 711102 to 12/31/02.
The statement of Condition, prepared by the City Treasury as
of 12/31/02, was understated by a total of $5,000. we have
noted two discrepancies:
we have verified four (4) teller shortages
SUBSEQUENT EVENTS
It was brought to our attention that on 2/4/03 M &T Bank
returned the following three checks drawn against the City's
Clearing Account due to lack of the Director of Treasury's
signature: The above checks were subsequently honored by
the bank with the approval of the Comptroller's office.
AUDIT RECOMMENDATIONS
Based on our audit findings, we recommend the following:
D Manually foot the Sundry Investments column on the monthly
statement of Condition report and force enter in the correct
dollar value
D verify the beginning monthly balances for all funds with the
ending balances of the previous month on the summary of
Operations report.
Continue the practice of requesting audit verification for all
teller overages and /or shortages totaling $50.00 or more.
Closely monitor the on -line credit card payments and
reconcile the monthly totals with the "Sure Pay Manager" query
reports to the extent possible.
Consider a cut -off date prior to Tune 30, 2003 and effect, if at
all possible, a brief moratorium for the use of on -line credit card
payments and attempt to reconcile these transactions to the
Treasury records, as well as, the Clearing Bank Account
statement.
Meet with Buffalo sewer Authority officials and determine the
feasibility of closing out apparent dormant bank accounts.
Request that another division perform the monthly bank
reconciliation for the M &T Bank Clearing Account or at least
have a manager sign off on the one that is done.
Establish a verification system within Treasury which would
require at least two employees to independently review each
Clearing Account check as to fund, dollar amount and proper
signature.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
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FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
No. 10
REQUEST APPROVAL OF
CERTIFICATE OF CURRENT
BASE PROPORTIONS
Attached find Certificate of Base Percentages, Current
Percentages and Current Base Proportions. I am respectfully
requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State office of Real Property
service, pursuant to the Real Property Tax Law and the Rules
and Regulations of the office of Real Property service.
upon approval of this Certificate, kindly direct the City Clerk to
sign, date and forward said Certificate to the New York state
office of Real Property service, Equalization Rate Bureau, 16
Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly
direct the City Clerk to furnish this department with a copy of
the approved Certificate.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 11
REQUEST APPROVAL OF
CERTIFICATE OF ADJUSTED
BASE PROPORTIONS
Attached find Certificate of Adjusted Base Proportions. I am
respectfully requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State office of Real Property
service, pursuant to the Real Property Tax Law and the Rules
and Regulations of the office of Real Property service.
upon approval of this Certificate, kindly direct the City Clerk to
sign, date and forward said Certificate to the New York state
office of Real Property service, Equalization Rate Bureau, 16
Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly
direct the City Clerk to furnish this department with a copy of
the approved Certificate.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS. PARKS
AND STREETS
NO. 12
B. DAVIS -C. TROTTER & OTHERS
TREES -FRUIT BELT NEIGHBORHOOD
ITEM #97, C.C.P. 4/L/03
The referenced item was sent to this office for comment.
The City Forester examined the trees in the area bounded by
Main St., the Martin Luther King Expressway, Goodell St., and
Best St. in response to this inquiry.
There currently exists 1,044 trees in this area. of these trees
the Forester has identified 24 priority I removals, 86 priority
removals and 23 priority 3 removals. He has also found 287
trees in need of priority pruning and 624 trees in need of
routine pruning. we estimate the cost to do this work at
$120,000.
Also, five tree stumps were found within the City's right -of -way.
These stumps will be removed by Forestry Division employees
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this summer.
This past fall new trees were planted along Best and Locust
Sts. we will, in addition, be planting and trimming trees on
Ellicott and Michigan Sts. this year. As well, over the past three
years, we have removed 88 hazardous trees and trimmed all
trees on Locust St. in this area.
If approved bonds for tree trimming, removal and planting are
sold this spring, we will be able to begin the majority of needed
removals and trimmings this year. If the funds are not allocated,
the Forestry Division will try to address priority I removals.
REFERRED TO THE SPECIAL COMMITTEE ON STREETS
SERVICES
NO. 13
BLOCK GRANT FUND TRANSFER
HENNEPIN COMMUNITY CENTER
KITCHEN WORK
I hereby request that Your Honorable Body authorize a
transfer of CDBG funds in the amount of $25,515.00 from
CDBG Account #27 -03200 to our Capital Account #35640206
for partial funding of the Hennepin Community Center Kitchen
work. (See attached BURA Item)
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 24, 2003 be
received and filed; and
That the Comptroller be, and he hereby is authorized to transfer
CDBG funds in the amount of $25,515.00 from CDBG
Account #27 -03200 to Capital Account #35640206 for partial
funding of the Hennepin Community Center Kitchen work.
PASSED
AYES - 13 NOES - 0
NO. 14
CAZENOVIA GOLF COURSE CONCESSIONS
This department advertised for anyone interested in operating
the concession area at the Cazenovia Golf Course. we
received two responses, which are attached.
We recommend that Maritza Miller be granted a one -year lease
for this area with the option to renew for three (3), two -year
extensions. we believe that the Miller proposal more fully
meets the requirements of the City and the needs of the users
of the concession area.
we, therefore, request that the Common Council authorize the
Commissioner of Public works, Parks and streets to negotiate
a contract with Maritza Miller, 16 Harding Rd., Buffalo, NY for
the operation of concessions at the Cazenovia Golf Course.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 21, 2003, be
received and filed; and
That the Commissioner of Public works, Parks and streets,
be, and he hereby is authorized to award a one -year lease with
the option to renew for three, two -year extensions for Cazenovia
Golf Course Concessions, to Maritza Miller, the highest
responsible bidder.
PASSED
AYES - 13 NOES - 0
NO. 15
CHANGE IN CONTRACT
SMALL ANIMAL SHELTER
KENNEL UPGRADES
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I hereby submit to Your Honorable Body the following
changes for small Animal shelter, Kennel upgrades, Miller
Enterprises, Inc., C #92010749.
1. Furnish and replace (8) doors and frames -, one (1) rear
entrance door including threshold, sweep, and weather
stripping.
Add $ 7,840.00
The foregoing change results in a net increase in the contract
of seven Thousand Eight Hundred Forty and 00 /100 Dollars
($7,840.00).
Summary: Current Contract Amount $67,500.00
Amount of This Change order ( #1)Add$ 7,840.00
Revised Contract Amount $75,340.00
Costs have been reviewed by the Department of Public works,
Parks & streets and were found to be fair and equitable. Funds
for this work are available in CPF 36322206 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public works, Parks & streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 9, 2003, be
received and filed; and
That the Commissioner of Public works, Parks and streets be,
and he hereby is authorized to issue change order No. 1, to
Miller Enterprises, Inc., an increase in the amount of
$7,840.00, as more fully described in the above
communication, for work relating to small Animal shelter,
Kennel upgrades, C #92010749. Funds for this project are
available in CPF 36322206 445 100 - Division of Buildings.
PASSED
AYES - 13 NOES - 0
No. 16
CHANGE IN CONTRACT
ZOOLOGICAL GARDENS
CAMP CONSERVATION
30B 0285
I hereby submit to Your Honorable Body the following
changes for the zoological Gardens, Camp Conservation,
General Construction, Allgaier Construction, C #92010706.
1. Repair of face walls in (2) holding areas,
lockset change, mortar color change. Add $ 845.00
The foregoing change results in a net increase in the contract
of Eight Hundred Forty Five and 00 /100 Dollars ($845.00).
Summary: Current Contract Amount $641,500.00
Amount of This Change order ( #1) Add $ 845.00
Revised Contract Amount $642,345.00
Costs have been reviewed by the Consulting Architect (Foit
Albert Associates) and the Department of Public works, Parks
& streets and were found to be fair and equitable. Funds for
this work are available in CPF 34321506 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public works, Parks & streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 24, 2003, be
received and filed; and
That the Commissioner of Public works, Parks and streets be,
and he hereby is authorized to issue change order No. 1, to
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Allgaier Construction, an increase in the amount of $845.00, as
more fully described in the above communication, for work
relating to the zoological Gardens, Camp Conservation,
General Construction, C #92010706. Funds for this project are
available in CPF 34321506 445 100 - Division of Buildings.
PASSED
AYES - 13 NOES - 0
NO. 17
EMERGENCY RECONSTRUCTION KLEINHANS MUSIC
HALL HVAC
The HVAC system at Kleinhans Music Hall requires
immediate reconstruction to keep the system operating.
specifically, the coils and several sections of piping need to be
replaced.
Because of the problem, I have declared an emergency. The
expected cost of the work is $40,000. Funds are available in
Division of Buildings' account 36321606.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 14, 2003, be
received and filed; and
That the Commissioner of Public works, Parks and streets,
be, and he hereby is authorized to award an emergency
contract for Kleinhans Music Hall HVAC, in an amount not to
exceed $40,000. Funds for the project are available in Division
of Buildings' account 36321606.
PASSED
AYES - 13 NOES - 0
No. 18 L & J Valvo
455 -459 Niagara St.
Item #64, C.C.P. 4/15/03
The referenced item was sent to this department for a
response.
Please be advised that this department has no jurisdiction over
any of the items discussed in referenced communication.
RECEIVED AND FILED
No. 19
M. Martino -M. Krause, "Bricks in the Bowl'
Project - Cazenovia Park
The subject item was referred to this department for
comment.
This department has no objections to South Buffalo Alive
utilizing a portion of Cazenovia Park for Bricks in the Bowl
project, provided that all funds received from the project are
used for improvements the park. we also will require that the
bricks be placed properly and that the Olmsted Conservancy
concurs with the design.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 20
Payment of Disposal Charges -
Americorps
From April 2002 through March 2003, Americorps has
assisted the City in various neighborhood clean -ups. They
disposed of 85.33 tons of trash through our transfer station.
The Division of Accounting has invoiced Americorp $2,172.96
for disposal costs through October 2002, and I assume that
they will also bill Americorp, for disposal costs for November
2002 through March 2003.
I request that the Common Council direct the Comptroller to
abate the outstanding invoice number 16097 issued to
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Americorp in the amount of $2,172.96, and that the Common
Council allow Amcricorp to dispose of trash collected in
association with various future neighborhood clean -ups through
our transfer station at no cost.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 22, 2003, be
received and filed; and
That the Comptroller be, and he hereby is authorized to abate
the outstanding invoice number 16097 issued to Americorp in
the amount of $2,172.96 and that the Common Council allow
Americorp to dispose of trash collected in association with
various future neighborhood clean -ups through the transfer
station at no cost.
Passed.
AYES - 13 - NOES - 0
No. 21
Permission to Enter into Agreements w /NYSDOT
Provide Matching Funds
Tifft St. Greenway
PIN #5756.79
Permission is requested from Your Honorable Body to
authorize the Mayor of the City of Buffalo to enter into all
necessary agreements with the New York state Department of
Transportation (NYSDOT) to administer, design, bid and
construct Tifft St. Greenway.
In addition, permission is requested for the City to hire an
engineering consultant and commit funding necessary for first
instance costs and all related Federal and Non - Federal shares
of project costs. The City of Buffalo's share of costs for this
project is anticipated to be 20 %. Costs estimates for the work,
including engineering costs are $1.25 million dollars and the
City's share of costs will be available in our Capital Account for
Local Match Reserve.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public works, Parks and streets dated April 21, 2003 be
received and filed; and
That the Mayor be, and he hereby is authorized to enter into all
necessary agreements with the New York state Department of
Transportation to administer, design, bid and construct Tifft
Street Greenway PIN #5756.79. That the Commissioner of
Public works, Parks and streets be, and he hereby is
authorized to hire an engineering consultant and commit
funding necessary for first instance costs and all related
Federal and Non - Federal shares of project costs. The City's
share of costs will be available in Capital Account for Local
Match Reserve.
Passed.
AYES - 13 - NOES - 0
No. 22
Thompson -Bruce Dove -
Dove Ministries
Item #61, C.C.P. 4/15/03
The referenced item was sent to this department for
comment.
Memorial Auditorium is owned by the City of Buffalo. Currently
the BOS Group has been designated as the preferred
developer. If anyone has an interest in purchasing this building,
they should contact the Division of Real Estate.
The Buffalo Convention Center is no longer owned by the City
Page 12
03- 0429.txt
of Buffalo. It is now owned by the County of Erie.
I have no information on any grants that may be available for
the purchase of either building.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
women and Children's Hospital Helipad
Item No. 206, C.C.P. 04/15/03
This department has been asked to review and comment
on the application for a heliport at 219 Bryant St. our
comments are based on the review of the possible effects on
any installation under the jurisdiction of this department. we
offer no comment on any possible effects on non - public lands
or structures.
site 1, grade level site at Elmwood Ave. and Bryant St. would
have the greatest impact on the City' infrastructure. This
alternative would require the removal of valuable, useful city
installations such as street lighting, trees, and traffic signals.
As such, this department cannot endorse this option.
sites 2 and 3, would place the heliport on top of various
privately owned structures. we, therefore, have no objection to
either of these sites.
site 4, the roof of the john C. Gallagher, Sr. Parking Garage,
would have some impact over a city owned facility. Although
this ramp is not under the jurisdiction of this department, I do
suggest that if this site is selected, that the structural integrity
of the ramp is carefully checked and that discussions be
initiated regarding lost revenues as a result of the reduced
number of available space
we find no fault with the selection of site 3 as the
recommended site in that it has no effect on city owned
properties.
REFERRED TO THE COMMITTEE ON LEGISLATION
a ITS] 0M1:I =016]010016 " to] ►121 :Sil = as] 0C419
NO. 24
Drug Asset Forfeiture Checks Received
Item No. 104, C.C.P. 2/2/88
8155 - 00117462 - C2 -02 -0126
$ 2,465.35
8155 - 00117462 C2 -02 -0127
2,601.55
8155 - 00117506 C2 -02 -01 11
167.35
8155 - 00117672 C2 -02 -0138
1,095.25
8155 - 00117672 C2 -02 -0136
924.25
8155 - 00117582 C2 -02 -0082
593.95
8155 - 00117582 C2 -01 -0162
1,111.94
8155 - 00117633 C2 -01 -0054
230.78
8155 - 00117598 C2 -02 -0065
1,017.54
8155 - 00117598 C2 -02 -0098
625.15
TOTAL DEPOSIT
$ 10,833.11
The above referenced property has been
administratively
forfeited by the Drug Enforcement Administration.
(DEA). The
checks were received by this Department
and duly deposited in
the Trust & Agency Account, #20010000 - 389001.
These funds will be placed into one or
more of the following
accounts as deemed by the Commissioner
of Police:
Educational Training /seminar
Confidential Funds
Materials and Supplies
Firearms and weapons
Communications and Computers
Electrical surveillance
Purchase of services
Page 13
03- 0429.txt
Improvements
vehicles
Operating Equipment
If you have any questions regarding the above mentioned,
please contact Chief Edward Hempling at 851 -518 1.
RECEIVED AND FILED
No. 25
"B. Grant -D. Lawvere- Traffic Problems- Main /winspear,
etc.."
Item #53, CCP, April 15,2003
I have instructed Inspector Andrews of the E District to
have car crews monitor this area for any vehicle and traffic
violations. Any change in signage for this area would come
under the direction of the Public works Department.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 26
"S. Guastaferro, BDDABC, Req. Police Assist. In Enforc.
Noise ordinance"
Item #54, C.C.P. April 15,2003
I have instructed Inspector Misztal of the D District to have
his car crew's concentrate on this area as much as possible
and to strictly enforce the noise ordinance.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
No. 27
C. Fisher -D. Goodwin -Arab Deli stores
Item #50, CCP, April 15, 2003
I would request that the women who has stated that officers
did not take a report or provide proper service regarding the
situation at 930 Main please provide us with the date and time
this occurred so that we can further investigate this allegation.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 28
Req. Police submit Plan for Enforcing Littering
ordinance:
Item 4205, CCP, April 15, 2003
Due to recent budget cuts, this department was forced to
eliminate our Community Police officers who would have been
a great tool to use in enforcement of this nature. At the present
time we do not posses the resources to develop any full time
program to address these quality of life issues. we will, though,
encourage our officers to be vigilant of these problems, and
take necessary action when violations occur.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 29
Certificate of Appointment
Appointment Effective: April 14, 2003 in the Department of:
Police
to the Position of: Police officer Permanent Appointment at
the: Intermediate starting salary of: $ 39,306
Derrick Banaszak 509 Roycroft Blvd. Cheektowaga, NY 14225
Linda McDonald 22 Payson street Buffalo, NY 14220
David O'Brien 161 Marine Drive Buffalo, NY 14202
Scott Blesy 49 Crestwood Avenue Buffalo, NY 14216
Raymond Krug 153 Shenandoah Road Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 30
Page 14
03- 0429.txt
Certificate of Appointment
Appointment Effective: April 14, 2003 in the Department of:
Police
to the Position of: Police officer Contingent Permanent
Appointment
at the: Intermediate starting salary of: $ 39,306
7ason Mayhook 76 St. lames Place Buffalo, NY 14222
Melissa LeBron 105A Altruria Street Buffalo, NY 14220
Anthony Szymkowiak 82 Whitfield street Buffalo, NY 14220
Steven Maslowski 311 Parker Avenue Buffalo, NY 14216
James Scherer, Jr. 147 Marine Drive - Apt 7E Buffalo, NY
14202
Christopher Sterlace 68 Trowbridge street Buffalo, NY 14220
Shawn Adams 1061 Tonawnda S. Buffalo NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 31
Certificate of Appointment
Appointment Effective: April 14, 2003 in the Department of:
Police
to the Position of: Police officer Permanent Appointment at
the: Intermediate Starting Salary of: $ 42,486
Michael Sullivan 178 Ridgewood Road Buffalo, NY 14220
7oanne Patterson 97 Vincennes Street Buffalo, NY 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
No. 32
Council Approval - Salary Above
Minimum Step
You requested a response from the Law Department
regarding why the Common Council approves Certificates of
Appointment ( "COA ") for appointments above the minimum
salary grade, but does not otherwise act to approve changes in
status.
Pursuant to section 24 -2 of the Charter, "when any
appointment to an office or position, except a position included
in the labor class as defined by the civil service law, is made,
the appointing power shall file with the council a certificate of
such appointment, stating (a) in detail the qualifications of the
appointee and certifying that the appointee is fully qualified to
fill the office or position or (b) that the appointee has been
certified or approved by the commissioner of human resources
for the appointment so made; and no appointment shall be
effective which does not comply with the provisions of this
section."
The above section creates the requirement to file the Certificate
of Appointment with the Council, thus, various COA appear on
the Council agenda at almost every regular meeting.
The Council's responsibility to approve appointments above the
minimum salary is elaborated upon in the Personnel Policies
Chapter of the City Code, Chapter 35. section 35 -4 (B)
provides, "Appointment to an office or position set forth in D
35 -1 of this Article shall be made at the minimum
compensation provided therefor unless otherwise
specifically authorized by the Council upon the written
recommendation of the appointing power stating the reasons
therefor." (emphasis added).
section 35 -11 further establishes the use and filing of the
Certificate of Appointment with the Common Council for
competitive and noncompetitive positions, but does not confer
any authority to add, approve or change the nature of the
Page 15
03- 0429.txt
appointment. The appointing authority retains that power,
subject to the certification of the Commissioner of Human
Resources that the appointment is qualified to serve in the
respective position.
If you have any further questions, please feel free to contact
this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 33
Dog Control Violations
Item No. 126, C.C.P., 9/3/2002
You requested a response from the Law Department
regarding the fine and fee structures utilized by the City for dog
control violations. There has been a call to increase the fines
connected to various dog violations. Attached is a proposal
from the Director of Animal Control to increase the fines.
while the City does have some authority to increase fines and
fees pursuant to sections 118, 119 and 124 of the Agriculture
and Markets Law (A &M Law), there are also some restrictions.
As it stands, some of the proposed increases may be contrary
to state law. The framework currently utilized by the City may
not be consistent with the structure in the Agriculture and
Markets Law. The City must elect whether to pursue dog
violations as civil code violations or penal law violations
pursuant to A &M Law Section 119.
Generally speaking, civil code violations are to be no more than
$25, but if there is another violation within 5 years from the first
violation, the fine is to be no more than 550, and if there are
two or more violations within 5 years from the first violation, the
fine can be no more than S 100. with penal law violations, the
structure is the same, except that if there are two or more
violations within 5 years from the first violation, imprisonment
can be added to the fine of nomorethan$100. For our purposes,
the City of Buffalo has elected to pursue civil violations.
The proposed Class A fines are within the state tolerances, but
may not be if they are doubled as proposed. These are not
deemed to be continuing violations, thus the escalation of the
fine maybe preempted. The proposed Class B fines are subject
to the jurisdiction of A &M Law section 119 (4), which has a
fine of no more than $300 for the first offense, but not more
than $600 for a second or subsequent offense pursuant to
A &M Law section 39. Each day of failure to perform the
required duty shall constitute a separate offense. As currently
proposed, the Class B fines are within the appropriate
tolerances, though they seem out of step with the nature of the
other offenses.
The proposed Class C fines, at $75, are too high according to
the state limits of A &M Law section 119 (2)(b). They should be
no more than $25 for the first offense. The fine structure
presently utilized by the Animal shelter needs to be addressed
as soon as practicable. This would seem to be an opportunity
to correct that circumstance. The Council will have to
determine the amount of the fines it wishes to utilize.
A copy of the City's current fee schedule is also attached. The
fees for seizing and adopting dogs are more compliant with
A &M Law Section 118. Section 118 (4)(c) allows the City to set
the fee for impoundment in any amount, and there is no
prescribed fee for adoption in the A &M Law. The City's fees for
seizing animals are currently higher than the amounts stated by
section 118 (4)(c), so they may be raised, if the Council so
proscribes.
Licensing fees are governed by A &M Law section 109 and I
10. The City's current license fees are not in line completely
Page 16
03- 0429.txt
with State requirements. while we do have the authority to
raise them above the state minimum, the fee for an unspayed
or unneutered dog must be $5 higher than the fee for a spayed
or neutered dog. The fee for an unspayed or unneutered dog
cannot exceed $10, so the City's current fee for spayed or
neutered dogs should be reduced to S5. There is also a new
additional surcharge of $3 for unspayed or unneutered
purebred dogs who are not licensed by the age of four or older.
Further, according to A &M section 110 (2), purebred licenses
cannot exceed $25 for harboring no more than ten purebred
dogs, $50 for no more than twenty -five and $100 if there are
more than twenty -five dogs on the premises. The City's current
fee structure provides only a simple $25 fee for a purebred
license. The City should also increase its euthanasia fee to
$30.
There is an additional new surcharge of $5 if the City identifies
an unlicensed dog during an enumeration, during which the
City may ascertain and list the names of all persons owning or
harboring dogs within the municipality. The City can either
authorize its own animal control officers to conduct the
enumeration or it can contract out for it to be done, pursuant to
A &M Section 114 (7).
If you have any further questions, please feel free to contact
this office.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 34
Concerns 67 Englewood Ave.
Item No. 80, C.C.P. 4/1/2003
I am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body with
the following information. upon receipt of your inquiry, Building
Inspector Michael O'Neill was dispatched to the
aforementioned property. This property has been the subject of
numerous inspections and the Building Inspector advise me
that the remainder of the repair work requires "good weather" in
order to complete the work. Inspector O'Neil will continue to
monitor the property to assure the problems with trash debris
and cars are addressed and issue summons' ft all violations.
Building Inspector O'Neill has also informed me that other
properties owned by Mr. Price have bee inspected as well as
other properties on Englewood Avenue. If your Honorable body
wishes to review our inspection files on any or all of these
properties, we in the Department of Permit and Inspection
services would be glad to provide answers to any and all
inquiries. It is my sincere hope that this response satisfies your
inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 35
Sewer and water Terminations for Demolition
Request for Proposal
As your Honorable Body is aware the Department of Permit
and Inspection services has charge of the demolition of al
public and privately owned structures. In an attempt to expedite
the demolition process the Department of Permit an Inspection
services awarded all sewer and water termination to a licensed
master plumber. upon expiration of that contract and in an
attempt to cooperate with the Buffalo water Authority, the
Page 17
03- 0429.txt
sewer and water terminations were t performed by personnel of
the Buffalo water Authority. It was our understanding those
additional personnel was to b added to the workforce of the
Buffalo water Authority. These additional personnel were to be
dedicated to perform the sewer and water termination for
demolition of buildings. The additional personnel were not
added thus causing an excessive backlog of approximately six
hundred (600) sewer and water terminations. As the backlog
has increased it was realized by all parties involved that it would
be necessary to pursue a private contractor to perform this
required service we are expecting to perform approximately
500 (five hundred) sewer and water per year. on March 26,
2003 Th Department of Permit and Inspection services sent a
Request for Proposal to all one hundred and fifty (150) Master
Plumbing Contractors. supplied with this package were the
performance specifications, First source Agreement and proof
of solicitation forms. The results of this request for proposal
are as follows:
C.E.F Enterprises, Sewer and water Cut ' standard - $
1050.00
Sewer and water Cut Smith Patent - $ 2500.00
Osinski Plumbing, sewer and water Cut standard - $ 1878.00
Sewer and water Cut Smith Patent - $ 2781.00 -$ 4675.00
Lincoln Plumbing, sewer and water Cut standard - $ 1395.00
Sewer and water Cut Smith Patent - $ 3849.00
Kandy Corporation, Sewer and water Cut standard - $
1792.00
Sewer and water Cut Smith Patent - $ 4527.00 -$ 6842.00
Roto- Rooter, Sewer and water Cut standard - $ 927.00
Sewer and water Cut Smith Patent - $ 927.00
Representatives of Roto Rooter were interviewed and are well
equipped with both machinery and manpower and are well
qualified to perform this service. Roto rooter representatives
have also submitted and signed a Proof of solicitation an First
Source Agreement to ensure women and minority participation
on this project. we are recommending that you Honorable
Body approve Roto Rooter to reform the Serenade water
Termonation at a cost of nine hundred ands twenty seven
dollars ($ 927.00) per termination.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMIS SIONER OF ADMINISTRATION AND
FINANCE
No. 36
Certificate of Appointment
Appointment Effective: April 28, 2003 in the Department of
Administration and Finance Division of Parking Enforcement
to the Position of Supervising Hearing Examiner (part -time)
PROVISIONAL APPOINTMENT MAXIMUM Starting Salary of
$28,622
Randall 7. Kay 6 McKinley Circle Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 37
Third Quarterly Report on the
Report on the Division of substance Abuse
services
Attached please find the Third Quarterly Report on the
Division of substance Abuse services.
Page 18
03- 0429.txt
Copy available in the City Clerks office for review
REFERRED TO THE COMMITTTEE ON THE WHOLE
a ITS] on1: I= Yllay_\item& 21nl:1:'_1tIj1: Is] :14VA
NO. 38
BUFFALO SEWER AUHORITY
2003- 2004 BUDGET
Copy available in the City Clerks office for review
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 39
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
520 Niagara St Scott W. Hartung Scott W. Hartung
47 E. Mohawk Mohawk Place Peter Perry
257 Franklin Darcy Magee's Buffalo Pub
Concepts
282 Franklin St Buffalo Chop House Buffalo Chop House
44 Allen St Q 44 Allen St Bflo Ny
RECEIVED AND FILED
NO. 40
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 Mayor /Mayor Executive- Strategic Planning Christine
Kasianowicz
x Public works, streets & Parks- Sharon Schweikhard, Patrick
Annunziata
x Police- David Greenway
x Perm it and Inspection Services- Charles Moore
x Administration and Finance- Melanie Carey - Lehner
RECEIVED AND FILED.
NO. 41
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
x Buffalo sewer Authority
RECEIVED AND FILED
NO. 42
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to the
position of CounciI Intern
ADOPTED
CERTIFICATE OF APPOINTMENT
Appointment Effective April 15, 2003 in the Department of
Common Council, to the Position of intern I, seasonal
Non - Competitive
at the Flat Starting salary of $ 7.00 /hr
April D. Williams, 423 Koons Avenue, Buffalo, NY 14211
Page 19
03- 0429.txt
NO. 43
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective April 21, 2003 in the Department of
Community services, Division of senior services to the Position
of senior Citizen Aide, seasonal, Non - competitive at the
Minimum
starting salary of $ 8.15 /hr
Elizabeth Pieri, 90 Virgil Avenue, Buffalo, New York 14216
Sandra Szczepankiewicz, 142 Ryan street, Buffalo, NY 14210
Robert Williams, 9 7aktram Court, Buffalo, New York 14209
CERTIFICATE OF APPOINTMENT
Appointment Effective April 23,2003 in the Department of
Public works, Parks, Recreation to the Position of Fee
Collector, SEASONAL
APPOINTMENT at the minimum Starting Salary of $6.15 ph
Kuwik 7erome, 2317 Bailey Avenue, Buffalo 14211
Morey ,3oanne, 8 Taunton Place, Buffalo 14216
Scanlon,Stephen, 57 Mariemont, Buffalo 14220
Barone 7r.Carl, 18 Crestwood Ave, Buffalo 14216
Alessi , William, 721 BUSti, Buffalo 14213
Beutler, Sue, 35 Melrose, Buffalo 14220
Brady, john, 160 Norwalk, Buffalo 14216
Cardin, Evelyn, 41 Helen, Buffalo 14213
Haug ,Kelly 22 Weiyand, Buffalo 14210
NO. 44
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 April 14, 2003 in the Department of
Community services, division of Contract Administration to the
Position of Attendant TEMPORARY appointment at the FLAT
starting salary of $6.00 /hr
Rose Cich, 936 South Park, Buffalo 14210
Shawn Nicholson, 316 Abbott, Buffalo, 14220
Theresa Fryer, 183 Kilhoffer, Buffalo 14211
Antoinette Kozlowski, 45 Seymour, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective April 14, 2003 in the Department of
Community services, Division of Contract Administration to the
Position of Supervisor TEMPORARY APPOINTMENT at the
FLAT
Starting Salary of $ 6.50 per hour
Garry Weiss, 914 South Park, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 18, 2003 in the Department of
Public works, Parks & streets, Division of Buildings to the
Page 20
03- 0429.txt
Position of Senior First Class Stationary Engineer Temporary
(As required) Appointment
at the Flat starting salary of $10.25
Edward F. Anken, 73 Houston street, Buffalo 14220
NON OFFICIAL COMMUNICATIONS, PETITIONS AND
RENIONSTRANCES NON- OFFICIAL COMMUNICATIONS
NO. 45
E. BLUM - OPPOSE DOG RUN /PARK DELAWARE PARK
I understand that letters concerning a proposed dog run /park
in Delaware Park should be addressed to your office. I am in
opposition to the this proposal.
As a founding member of the Delaware Park Improvement
Committee (197 1) and Delaware Park steering Committee
(1973), 1 am well acquainted with the various needs and uses
of Delaware Park. I walk around Hoyt Lake and the Rumsey
area each weekday morning between 6:30 and 7:15. very
rarely have I encountered an unruly dog i.e. an uncaring owner,
but it does happen. usually enough pressure on the owner
takes care of the problem. Meanwhile dogs and their owners
make the park a much safer place.
when we began the restoration of Delaware Park with then
Common Councilmember Bill Hoyt, the only people who would
venture into the park were the dog owners. Their legion has
increased and is very much appreciated by the rest of us who
use the park in the early morning and evening.
It is true that the Rumsey area near the lake is relatively unused
at this point. That does not mean it should be destroyed by a
dog run. There is no way to make such a place beautiful or
even pleasant and I guarantee you that most people will not use
it, especially after it becomes a dirtpile.
I believe there should be restrictions on dog owners. Dogs
should not be allowed to run free in the park during the hours
when it is frequently used. I would suggest restricting dogs to
leashes from 10 am - 4pm in the winter - and 9 or 10 am to 8
pm in the summer.
Last fall, the Buffalo Olmsted Conservancy brought Tupper
Thomas, the administrator of Prospect Park in Brooklyn, to
Buffalo. She was vehemently against dog runs (while in favor of
restricted hours) for the reasons I have cited. Dogs and their
owners add immeasurably to the security of the park and they
are also the first to notice other problems because they use the
park on a consistent basis. A dog run may seem to be the
answer at first look, but it will create problems in the long run,
The park will not have the vigilance of all of those who use it
now and a pastoral area of the park will be destroyed.
There are many places in Delaware Park and our city that could
benefit from the funds used for a dog run and I hope that this
bad idea will be put to rest permanently.
Sincerely,
Bette Blum
REFERRED TO THE COMMITTEE ON LEGISLATION
46
D. BRAEMER & S. EVANS CULTURAL FUNDING
Re: 2004 Cultural Funding
"I see little of more importance to the future of our country and
of civilization than the full recognition of the place of the artist
john F. Kennedy, Jr.
The members of the Buffalo's arts and cultural community,
their friends, patrons and supporters', urgently request that you
reconsider your decision to eliminate financial support for the
Page 21
03- 0429.txt
arts, and at minimum restore the line designated for cultural
grant -in aid to the City's budget to reflect the value of contracts
rescinded in 2001: $740,000.
what the arts do for the City of Buffalo:
Support approximately 2500 jobs Give Buffalo the most
consistent positive press locally and nationally Are true forces
for economic development i.e. cultural tourism programs
support local business - many theater district businesses
would not survive without downtown arts groups, and other
area businesses would face severe losses without arts
organizations as clients or customers Generate taxes for the
City Are critical to efforts designed to attract professionals and
industry to this region Assist educators in meeting the learning
standards established by the NYS Dept. of Education
It is a well known fact that Buffalo is home to one of the most
recognized and well respected arts communities in the nation,
as evidenced by the outstanding press the arts receive in
newspapers and magazines across the country. It is also a fact
that the majority of our community's most prized cultural assets
are located within the City limits.
we arc not immune to the woes of Buffalo and its fragile
financial disposition and the tough decisions that must be
made going forward. But the decision to abdicate a primary
responsibility to support culture altogether is not acceptable.
we don't believe it is productive and helpful towards building a
better tomorrow. when last appropriated in 200 1, arts funding
represented only .6% of the tax levy, when under the City's
code. grant -in -aid could be appropriated up to 3% of the tax
levy. Cultural funding has never come close to that ceiling. we
believe you must and can find a way to restate at least a portion
of that .6 %.
" why are we fighting the war, if not to preserve our right
to beauty," Sir Winston Churchill on the value and
importance of the arts during world war II.
while Eric County strives to stand steady in its support of the
arts community, its eligibility for funding, by law, is different
than the City of
authority to invest in certain key programmatic elements vital to
many neighborhood based initiatives.
Even in these troubled times, the cities that are best weathering
the storm, are those cities that have maintained their pledge to
support art and culture, and are taking extraordinary measures
to keep that pledge.
Arts organizations are working diligently to improve our local
economy through tourism, achieve greater student performance
in our public schools, unify communities to fight against the
forces of crime and hate, and prornote the character and
quality of life in this region. we cannot contribute to these
efforts without City support, and the City's goals for itself
cannot be achieved without our help.
I have the audacity to believe that people everywhere can have
three meals a day for their bodies, education and culture for
their minds, and dignity, equality and freedom for their spirits,"
Dr. Martin Luther King, Jr. from his Nobel Peace Prize
acceptance speech.
The citizens of Buffalo deserve a quality of life that is holistic
and provides choices. That is an inalienable right under the
constitution of this great nation. we look to elected leadership
to put into place a standard of living that affords us access to
"life. liberty- and the pursuit of happiness," not the imposition of
fear and denial of resources. We urge von to examine your
process carefully, and find a way to restore support for art and
culture.
Page 22
03- 0429.txt
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 47
ADELPHILA
BULK RATE INCREASE
In an effort to keep you informed, I am enclosing a notice on
some pricing changes that affect approximately 43 customers
in your community.
specifically, for those customers that receive Basic service at a
discounted bulk rate and that subscribe to the Adelphia
Advantage Package (Powerlink and Digital), there will be a rate
increase as described in the attached customer letter. This
change is effective with Tune statements. These customers
were not impacted by the rate change that we implemented in
April.
Please feel free to direct any Adelphia customer calls that you
may receive to my attention. If you have any questions
regarding these changes, please contact me at 558 -8545.
Sincerely,
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE OFFICE OF
TELECOMMUNICATIONS
No. 48
M COPPOLA - ELMWOOD VILLIAGE COMMERCIAL DIST
DESIGN GUIDELINES
Dear Mr. Michaux:
Could you please file the attached report regarding Elmwood
village Commercial District Design Guidelines for the next
Common Council meeting so that it may be discussed in
Legislation Committee.
Attached available for review in The City Clerk's office
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 49
MEMORANDUM
RESULTS OF MEETING WITH KEVIN FITZGERALD,
LOCAL 2651 AND 4AILYYEGURN,
COMMISSIONER OF PERMIT & INSPECTION SERVICES,
REGARDING(QUALIFICATIONS FOR
BUILDING INSPECTOR AND BUILDING PLANS
INSPECTOR
DATE: April 17,2003
At the request of Kevin Fitzgerald, President, Local 2651 and
William Leisck, Chief Building Inspector they appeared, along
with Ray McGurn, Commissioner, Permit & Inspection
services, to review the minimum qualifications for the titles of
Building Inspector and Building Plans Inspector.
Currently, the minimum qualifications include experience as an
Electrician, Plumber, Carpenter or Glazier. Mr. Fitzgerald and
Mr. Leisck are requesting that the experience requirement be
expanded to include all building construction trades such as
Bricklayer, Ironworker, Painter, Plasterer, Roofer, etc.
up until 1991, the minimum qualifications did include these
titles, however, it was determined at that time that the duties
performed by Building Inspectors were not covered by these
other trades and therefore eliminated them from the minimum
qualifications.
upon review, the Commissioner of Human Resources
determined that the following titles will be added in the
qualification: Bricklayer, Ironworker, Plasterer, Roofer.
Also, a statement will be added to allow other related titles, if
deemed appropriate to the position, to be included.
Page 23
03- 0429.txt
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 50
M. COPPOLA -INFO HOYT LAKE
Attached letter to the Army Corps of Engineers regarding
Hoyt Lake and Scajaquada Creek
Please file the attached letter for the next Common Council
meeting.
CITY OF BUFFALO
Ecosystem Restoration at Hoyt Lake /Scajaquada Creek
This letter is to request assistance from the Corps of
Engineers under the section 206 of the water Resources
Development Act of 1996, as amended.
The City of Buffalo is requesting help to identify and implement
restoration measures for Hoyt Lake and Scajaquada Creek.
Hoyt Lake, formerly known as Delaware Park Lake, is in one of
the historic Olmsted Parks. Currently, this lake has a limited
amount of viable habitat. In addition, the lake has a
sedimentation problem, which has contributed the lake's limited
habitat. we are looking for assistance to restore the lake and
associated lands.
we understand that the initial plan is 100% Federally financed,
however, if the plan proceeds to the next phase cost - sharing
will be required. we are also aware that there are cost sharing
requirements associated with projects undertaken under this
authority.
a. Non - Federal interests shall provide 35% of the cost of
construction including the provision of all lands, easements,
rights of way, and necessary relocations. The cost of all studies
beyond the Preliminary Restoration Plan are shared as part of
construction costs.
b. The non - Federal share of construction costs shall be
paid after the project is approved for implementation and before
a construction contract is awarded.
C. The non - Federal sponsor, is responsible for all
operation, maintenance, repair, rehabilitation and replacement
of the project.
This letter serves as an expression of intent and not a
contractual obligation and either party may discontinue the
study process at any stage prior to construction.
Please contact me at your earliest convenience regarding this
request. My phone number is 851.5155 and my office address
is 1401 City Hall, Buffalo, NY 14202.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 51
B. DAVIS -B. HOWARD -LIQ LICENSE 454 PEARL ST
Please file the following attachments for the upcoming
Council session to be held on Tuesday, April 22, 2003.
should you require any further information, please feel free to
contact my office at 851 -4980. Thank you.
Dear Mr. Davis,
I am writing you this letter to inform you that I am taking over a
business ill your council district. I am applying for an on
premise liquor license for 454 Pearl St., 14202. As you know,
the city clerk is supposed to be notified 30 days before
applying, however, if t have to wait 30 days, the current license
holder will close before I can receive my license. This would
mean that you would have a vacant business in a thriving
business area. Also, it could have a negative effect oil my
future business there. If at all possible, could you waive the 30
day stipulation, so that I may receive my license ASAP, and
open a successful restaurant, jazziblues club in the downtown
Page 24
03- 0429.txt
theater district.
Thank you in advance
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPOIRATION COUNSEL
No. 52
E. TAYLOR -USE OF MASTEN PLAYGROUND - SUMMER
2003
Please file the following attachments for the upcoming
Council session to be held on Tuesday, April 22, 2003.
should you require any further information, please feel free to
contact my office at 851 -4980. Thank you.
Sincerely,
USE OF MASTEN PLAYGROUND: SUMMER 2003
Dear Commissioner Giambra
BFNC, Inc. is prepared to again operate supervised
recreational and educational activities from the Masten
Playground this summer, from 7uly 7 through August 28, 2003
on the condition that the playground and shelter house can be
brought into compliance with the inspection citations of the Erie
County Health Department.
This year, the Erie County Health Department inspected the
shelter house on April 9, 2003 and found it to be in generally
usable condition. It appears that repairs to the roof made last
year have held up and there have been no new holes or leaking.
It is in need of some painting and general cleaning inside and
outside the building. As the season approaches, the Health
Department will make 2 more inspections and we will share any
concerns they may have. Thank you for last year's efforts.
As you know, we have run this program for many years and we
request that we be able to do so again this year. Your
consideration in this matter is greatly appreciated. we look
forward to another great season.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISONER OF PUBLIC WORKS
No. 53
B. DAVIS -J ZECKHAUSER- CONCERNS 278 HUDSON; 272
JERSY
Please file the following attachments for the upcoming
Council session to be held on Tuesday, April 22, 2003.
should you require any further inforination, please feel free to
contact my office at 851 -4980. Thank you.
April 17, 2003
The Honorable Anthony M. Masiello
City Hall -
Buffalo, New York 14202
Dear Mayor Masiello;
As you know, since its founding, the mission of Grassroots
Gardens of Buffalo is a community program designed to
establish and support sustainable gardening projects at the
neighborhood level. The City has generously leased many
vacant lots to us that have been transformed into attractive
flower and vegetable gardens by dedicated neighborhood
volunteers.
our office has been informed by concerned Grassroots
Gardens of Buffalo members, that the office of Residential
Development with Hope V1, plan to take over City -owned
vacant lots on the lower west side, to build "in- fill" housing. Two
of these lots have been leased to our organization since 2000,
and are outstandingly beautiful flower gardens. They are
located at 278 Hudson street, on the northeast corner of west
Avenue, and at 272 jersey Street, on the northwest corner of
Page 25
03- 0429.txt
West Avenue.
Both of these gardens are community endeavors, lovingly cared
for by the neighbors, and have long term investments in
flowering shrubs and plants. Grassroots Gardens has assisted
them financially and the gardeners have contributed a great
deal of "sweat equity" to produce Buffalo in Bloom prize
winners.
In 2002, the Fargo Estate Neighborhood Garden at 272 jersey
street was awarded first prize for Community Gardens, as well
as The Mayor's Award. The United Neighborhood 2000 garden
at 278 Hudson won Honorable Mention in the Community
Gardens category.
we understand that new housing is a fine and necessary
concept, but as so many unused vacant lots are available, we
feel that these lots be allowed to remain as gardens. They
contribute beauty and a sense of community to the
neighborhood, as well as a comforting green space to
counteract the stresses of urban life. By doing so, they
increase the value of the property that surrounds them.
we respectfully request that these properties be allowed to
remain with Grassroots Gardens of Buffalo.
Thank you for your consideration.
Sincerely,
REFERRED TO THE COMMITTEE ON FINANCE AND THE
BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 54
D. DEBOTH -REQ PURCHASE 1938 NIAGARA ST.
Mr. Hannon;
it has come to my attention through the North Distric
Councilman's office, that the city will be placing 193 8 Niagara
St., the jubilee Center building, on the open market. Please be
advised that I am
very interested in purchasing this property.
My intentions for the building are to turn it into the 'jubilee Art
Center of Riverside'. with this building I can provide a safe
working environment for local artist of a variety of disciplines.
Artists will be able to produce and show their works. There
would also be available classes open to the public in painting,
drawing, sculpture and pottery.
I am aware that the building is in desperate need of repairs, a
new furnace and some roof repair, but I am willing to take this
on and I have the means to do so.
Please keep me advised and up -to -date on the situation and
process needed to move toward the sale of this property.
Thank you for your time.
Sincerely,
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DIRECTOR OF REAL ESTATE
NO. 55
C. FISHER -P. HARRIS -REQ ASST . NOT TO AUTH. OPER
LIC. SAAD MKT. WAKEFIELD /HOLDEN
Dear Mr. Michaux:
I hereby submit for filing, copies of a letter from Phyllis Harris,
a concerned citizen of the Wakefield Avenue Block Club. Ms.
Harris is seeking assistance from the council in blocking an
operating license for the Saad Market on Wakefield & Holden
Avenue due to drug activity in the Wakefield Avenue
community.
April 21, 2003
Mayor Anthony Masiello
I Niagara Square, Room 201
Page 26
03- 0429.txt
Buffalo, New York 14201
Dear Mayor Masiello:
on behalf of Wakefield Avenue Block Club and residents, we
are asking for your support not to authorize an operating
license for the Saad Market on the comer of Wakefield &
Holden Avenue. The announcement made by Councilmember
at Large, Charley H. Fisher III on the Thursday, April 17, 2003,
the closing of Saad Market (Wakefield & Holden Ave.),
Wakefield residents rejoiced our prayers have been answered.
The attached news article does not begin to
Identify the hardships and suffering, homeowners have
encountered by the operators of Saad Market and drug activity
that has spread throughout our neighborhood. The problems of
our Wakefield, Avenue neighborhood.has been addressed at
the City of Buffalo Common Council meetings and numerous
complaint letters have been submitted to city officials which 'we
appreciate all their help. This store has been the root of our
neighborhood problems, which this comer is a bus zone for our
children. our neighborhood children stand on this comer to
catch their school bus which has stacks of large bread crates,
ice machine, garbage cans overflowing with garbage waste and
drug dealers. This is definitely not a safe and healthy boarding
zone for our children.
we have received numerous complaints from homeowners
wanting to close this store down due to the repeated gun
shootings, drug sales, and abuse they have encounter by the
operators of this store. we have extend a welcome to Saad
Market to come to our bock club meetings to be apart of our
neighborhood, which they would not participate to provide
support to help keep a clean and safe neighborhood
environment. The Wakefield residents are tired of their homes
being destroyed by these drug dealers planting drugs on their
property and Saad Market supporting illegal activities.
we would like for you to review the area stores of this nature
that are currently being operated and you will see this Saad
Market is not a necessity for our neighborhood (5 stores within
a I mile radius). In 2001, we submitted a petition to secure a
camera to be placed at the comer of Wakefield & Holden
Avenue to Councilmember Antoine Thompson which he
indicated "I will do everything in my power that cameras are up
before spring this coming year" which to date we never
received a camera. To permit. this store to reopen would, be, a
set back for us and all the support we have received from the
Chief of Patrols, Save our Streets program, Mayor Complaint
Line, Commissioner MCGum, Councilmember Thompson,.
Councilmember at Large Charley H. Fisher III, Flare
Community Center and Habitat program. The Habitat program
assisted us in demolishing the property on Wakefield & Holden
which they are now using as a dumping ground which the Saad
market put their store cabinets and patrons throwing garbage
from their store. This was a beautiful well -kept neighborhood
and the closing of the Kensington- Fillmore projects changed
our community overnight due to slum landlord housing. we are
working hard to restore our neighborhood community and with
the support we have received from City Hall will enable us to
accomplish our goals.
The past few days of the Saad Market being closed you can
see an uplifted burden from our neighborhood residents and
the hope of their children being able to enjoy playing outside
and sitting on their porches. we have suffered too long not to
enjoy what we have worked hard as taxpayers and as a strong
block club building a safe and healthy environment will recruit
families to our community with the same values and mission.
Page 27
03- 0429.txt
As Mayor of the City of Buffalo, we need your support and
assistance. A special thanks to Councilmember at Large
Charley H. Fisher III and Commissioner Raymond McGurn for
their continued efforts and support in building better Buffalo
neighborhoods.
I can be reached at 796 -2095.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF POLICE AND THE COMMISSIONER
OF PERMITS AND INSPECTIONS
No. 56
C. FISHER -D. GOODWIN -ARAB DELI STORES
April 28, 2003
Charles L. Michaux III
City Clerk /RMO
Room 1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux:
I hereby submit for filing, copies of a letter from Dianna
Goodwin, Executive Director of Community voice organization,
Inc. Ms. Goodwin is presenting the information that the was
requested by the council at the last council meeting on 4/22/03.
Charley H. Fisher III
Council Member at Large
Attachments (4)
Dear Mr. Fisher:
Re: Arab Deli Stores
Please find enclosed the information that the Council Chairman
requested at the session on 4/22/03.
The Community voice organization, Inc. thank you for your
relentless efforts in dealing with these Arab deli stores.
Sincerely,
Dianna Goodwin Executive Director, C.V.O., Inc.
STATEMEN
T
NAME: Ms. Yvette Hill DATE OF INCIDENT: March 24,2003
@ 12:27 p.m.
I went into 0 -N Supermarket located at 930 Main Street to put
in my lotto numbers. My numbers amounted to $13.00; 1 gave
the man handling the number machine a $20.00 bill and
received $7.00 change back.
The guy handling the lotto machine (tall, very dark complexion)
stated that I owed him $1.50 more. I asked him how could I
owe him any more monies when my numbers came to $13.00
and you (meaning him) gave me $7.00 change? All of a
sudden, the tall, very dark complexion male came from behind
the counter and went to the door and locked it. I then handed
my numbers to another young Arab man so that he could count
the amount of the numbers. Before this could take place,
another gentleman (he was also very dark complexion) came
from out of the back of the store and starting pushing me. I told
this man to keep his hands to himself. The situation escalated
out of control and I had to telephone the police. when the 911
operator answered, I told her of the lotto money dispute, about
being locked in the establishment and being held against my
will. She stated that she would dispatch a car to that location.
The men in the store holding me tried to wrestle my phone from
out of my hands. In the process, my prescription
designer- framed glasses were broken along with my cell
phone. These glasses were valued at $325.00. 1 have a receipt
for them. when the men in the
store seen that the police had arrived, they then unlocked the
door and I went out.
Page 28
03- 0429.txt
I tried to explain the situation to the police and they weren't
interested in hearing me.
The officers (one white, one black) went into the store and
came out stating that they had squashed the incident. when I
complained, the officers told me that the storeowner could
indeed lock me in and hold me there. I requested that I be given
a warrant card because I had been assaulted. The black officer
refused to give me a warrant card.
when I was speaking to other persons who witnessed the
incident, these officers made it a point to turn their car around
and park on the wrong side of the street to harass me. I
was told to shut up, go home and stay there before they would
have to arrest me. I didn't say a word because I didn't want to
get arrested for nothing.
This same day I contacted the Community voice organization,
Inc. to make an official complaint with them. A Mrs. Dianna
Goodwin took my complaint. She stated that she would visit the
store and get their side of the story.
Mrs. Goodwin informed that she visited the store the very next
day (3/25/03). She said that the owner (a short, balding Arab
man) wanted a receipt for the amount of my broken glasses. I
supplied her with the receipt dated 3/26/03 from Reznick
Optical.
The above statement is true to the best of my memory:
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 57
R. FONTANA -N. WEAVER -REQ HOMESTEAD 1075
SENECA
Attached letter available for review in The City Clerk's office
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DIRECTOR OF REAL ESTATE
No. 58
M. MILLIGAN - WWINSPEAR BLK CLUB - CONCERNS
TRAFFIC WINSPEAR / NORTHRUP
Please file the enclosed correspondence for Tuesday, April
29, 2003 Common Council Meeting.
Thank you for your attention to this matter.
Sincerely,
Dear Councilmember Grant:
This is a letter to advocate making our neighborhood
(winspear- Northrup) safer, in regard to the traffic in the area. I
have lived in my home at 59 winspear for five years and would
like to relay to you the following observations and information
we have been discussing extensively at our block club
meetings.
NORTHRUP PLACE:
since I moved here, I have walked my dog at least two times
per day, around the "block" of winspear /Main /Northrup.
Therefore, I see a lot of the activity and have noticed dramatic
changes in the traffic ever since the signal light was placed at
the intersection of Main street and Northrup Place: The
through traffic is significant heavier (including many delivery
trucks, which were rarely seen on the street in the past), the
speed of the vehicles has significantly increased, and the
condition of the street and curbs has deteriorated at a greatly
Increased rate (I did call the City's "Pothole Hotline" in the Fall,
in response to a call I received from a long -time Northrup
resident regarding the pothole at the comer where you turn
from Main onto Northrup, but the hole has not been repaired).
In addition, there is a potentially hazardous situation at the
comer of winspear and Nothrup: vehicles attempting to pull
Page 29
03- 0429.txt
out of Northrup Place onto Winspear have low visibility
(especially when cars are parked on the South side of
Winspear) and often have to accelerate quickly from Northrup
into Winspear to avoid the oncoming Winpear traffic.
something should be done about this situation. suggestions
might be to: enforce and lower the speed limit on Northrup;
designate a 'No Turn on Red," from Main onto Winspear; and
designate Northrup for: 'No Through Traffic" and 'No Trucks ".
WINSPEAR SPEED:
since Winspear is one of the few streets in this area that runs
East to West and has few signal lights and stop signs, the
traffic is heavy and often many drivers are driving far above the
speed limit. Drivers especially accelerate between the
Parkridge light and Main Streetoften trying to make it through
the green lights at either end. I have never seen nor heard of
anyone pulled over for speeding on Winspear, but on the
contrary have seen several accidents and had a car come right
through my front yard hedges, into my elderly neighbor's
mid -sized car in her driveway, pushing it into her front porch
and totaling it. This excessive speeding is also the reason the
dangerous situation is set up at the comer of Northrup and
Winspear (as I mentioned above). By the time vehicles reach
Northrup from either Parkridge or Main, they are at top speed. I
strongly urged (along with many of the residents in the area)
that three -way stop signs should be placed at the intersection
of Northrup Place and Winspear Ave -like the stop signs at
Comstock and Winspear. surely, if the Comstock /Winspear
intersection warrants the stop signs, the Northrup / Winpear
intersection warrants them even more, considering that
Comstock is a one -way street, in the direction away from
Winspear, with no traffic entering onto Winspear. whereas,
Winspear has the two -way traffic, setting up a potentially more
dangerous situation of merging traffic into the fast - moving
Winspear traffic from Northrup.
MAIN & WINSPEAR INTERSECTION:
And finally, as we have been requesting for the past several
years, we need the "No Turn on Red" signs placed at the
intersection of Main street and Winspear, in a place where
drivers can see them: up on the traffic signal line, next to the
signal light -one at each of the four comers. It has been
established that a turn on red is not allowed, but presently the
signs are either missing or they are placed before the
intersection where drivers cannot readily see them. The 'No
Turn on Red" regulation is often enforced by the police; I know
of people receiving the tickets (often the drivers did not know
that there was no turn on red, because the signs are so poorly
placed). It is good that it is enforced, but the signs would be
much more effective if they were up by the signals.
Thank you for your attention to these matters. We look forward
to hearing about the actions that can be taken to remedy these
situations.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS -AND THE COMMISSION -ER OF POLICE
No. 59
D. KOHNSTAMM REQ. REINSTATEMENT OF CULTURAL
GRANT IN AID
Dear Honorable Members of the Buffalo Common Council,
As a businessman working in the western New York
community, I recognize the substantial efforts being exerted by
the City of Buffalo and its leadership to attract and retain
high - paying quality lobs within the city. The Medical Corridor,
Page 30
03- 0429.txt
Bioinfornatics and cooperation with
residential developers within the downtown area are but three
examples. However. all of this effort will be undermined if you
do not recognize one of the key elements essential to attracting
tile kind of citizens you want to be living, shopping and paying
taxes within the Buffalo Community - opportunities for
Exposure to the Cultural Arts and Entertainment!
As a member of the Board of the studio Arena Theatre and a
supporter of the Buffalo Philharmonic and Albright Knox Art
Gallery, I implore you to reinstate at a minimum for 2004
Cultural Funding, the line designated for cultural grant -in aid to
the City's budget to reflect the value of contracts rescinded in
2001: $740,000.
It is a well known fact that Buffalo is home to one of the most
recognized and well respected arts communities in the nation,
as evidenced by the outstanding press the arts receive in
newspapers and magazines across the country. It is also a fact
that the majority of our CO111MUllity'S most prized cultural
assets are located within the City limits. This provides a huge
opportunity for growing revenue through the promotion of
tourism into our community.
I am not immune to the woes of Buffalo and its fragile financial
disposition and the tough decisions that must be made going
forward. But the decision to abdicate a primary responsibility to
support culture altogether is not acceptable. I don't believe it is
productive and helpful towards building a better tomorrow and
will, over time, actually be counter - productive and more costly
to the City in lost revenue and growth.
Men and women such as yourself who are in leadership
positions are entrusted with the responsibility of leading with
vision. Clearly such vision will show you that this relatively small
allocation is one of the best long -term investments the City can
make - complementing the great efforts you are currently
Taking and producing future financial rewards with a return oil
investment far greater than any other allocation you could
authorize.
Sincerely,
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 60
UPDATE ON FALSE ALARM PROPOSAL
As per your request, the following is an update regarding the
status of the False Alarm
Reduction unit:
1.) Contract Proposal - AOT Public safety has submitted a
contract proposal for the purchase of the Crywolf software,
integration of computer systems, training and etc. The cost of
this contract proposal is a one -time cost of $82,000 and an
annual fee of $7,900. This contract was sent to the City of
Buffalo's Law Department several
weeks ago for their review and approval.
2.) Revenue - Revenue projection's from the creation of the
False Alarm Reduction unit were requested by and submitted
to the Budget office. Conservative projection's are $350,000 -
$400,000 additional annual revenue. This is in addition to the
associated cost savings of eliminating approximately
3,000 -5,000 false alarm responses by
Police and Fire in the first year.
3.) staffing - Attached, please find the office of Licenses
proposal for staffing the False Alarm Reduction unit. It also
addresses Council Member -At -Large Fisher's council
resolution for the creation of a Division of Business services.
The proposal calls for salary ordinance Amendments for three
Page 31
03- 0429.txt
(3) office of Licenses personnel who have
retired in or after August of 2002. Clerical position number
would address a clerical position for a very understaffed office
of Licenses, who with the present staffing level cannot perform
all current day to day functions. The two (2) other clerical
positions in the proposal would be designated for the False
Alarm Reduction unit. with the implementation of the Crywolf
software, the current alarm registration
database is expected to double to 30,000 alarm registrations.
AOT Public safety has stated that alarm registration data base
must be kept current in order for the software to operate
effectively and that a minimum of two (2) to three (3) personnel
is required to staff this False Alarm Reduction unit. If all
three - salary ordinance amendments were passed and the
positions filled this would result in an annual savings of
approximately $32,000 from the office of Licenses Personnel
Budget of Fiscal Year 2002 -03. If the proposal for the creation
of the Division of Business services was also implemented
along with the aforementioned salary ordinance amendments
as proposed, there would be annul savings f approximately
$17,000 based on the last fiscal year's office of Licenses
Personnel Budget.
This staffing proposal has been submitted to the Budget office
and a salary ordinance amendment for positions one and two in
the proposal were also submitted, it is my understanding that
as of this date there has been no action taken on the salary
ordinance amendments. I can be available to address any
other questions and /or concerns with regards the status of this
proposal should you feel the need.
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 61
INCRESING PENSION FUND CONTRIBUTIONS
Thank you for your recent letter expressing your concerns
with increasing Pension Fund
Recent volatility in the stock market has exposed structural
problems in the way the New York State Common Retirement
Fund collects payments from employers. To combat these
problems, I developed a plan that will strengthen the long -term
health of the Fund and make annual employer contributions
much more predictable by realigning the Retirement systems'
billing cycle with local governments' budget cycles.
My plan takes a 3 -step approach that improves the Fund's long
term operations. protects member benefits, and substantially
reduces fluctuations in employer payments to the Fund while
offering maximum protection to retirees and members of the
Fund. More specifically my comprehensive reform package:
Requires employers to make minimum annual
contributions of 4.5 percent of payroll, including years in
which strong investment performance of the fund would make a
lower contribution possible. This will help strengthen the fund
by increasing assets and reducing volatility of employer
contributions in future years.
Changes the cycle of billing to match employers' budget
cycles. Currently, government employers' bills are based on
the Fund's value as of April 1. under the new system, the
contribution for a given fiscal year will be based on the value of
the pension fund on the prior April 1. As a result, payments
would remain the same in FY 2004 as they were in FY 2003,
except that, because the FY 2003 payments were very low, the
4.5 percent minimum would now apply.
Requires state payments in the current fiscal year. under
current law, if the amount the state owes is greater than the
Page 32
03- 0429.txt
amount it has budgeted. the state (but not local governments)
has the right to postpone paying the difference between the
amount budgeted and the amount owed for up to two years,
though it must pay interest on this "loan ". The new plan
eliminates the delayed payment. since the state will now have
exact information about the exact amount of its contribution well
before the budget is passed, such a "loan" provision is no
longer necessary and all state payments to the Fund will be
paid on time.
Prior to developing my reform plan, I met with many
organizations, including the Retired Public Employees
Association, the Alliance of Public Retiree organizations, the
Civil service Employees Association, the Public Employees
Federation, the organization of Management Confidential
Employees and the unions representing police and firefighters;
and employer organizations, including the Association of
Towns, the Association of Counties, and the Conference of
Mayors. Insights provided by these organizations played a
strategic role in the development of this plan.
It is my hope that the Legislature will promptly pass this
legislation, so that the uncertainty surrounding 2004 rates can
be resolved. My proposal has already been endorsed in its
entirety by the Alliance of Public Retiree organizations, the
Retired Public Employee Association, the Public Employees
Federation, the organization of Management Confidential
Employees, the Police Conference of New York and the
Conference of Mayors.
I encourage you to contact me if you have any questions,
suggestions and /or concerns.
REFERRRED TO THE COMMITTEE OF THE WHOLE
No. 62
S. HOYT- NYS DOL - FINE - BROADWAY GARAGE
I was recently contacted by representatives of the City of
Buffalo regarding a fine imposed by the Public Employee
safety and Health office.
As I understand the situation, the City's Broadway Garage was
inspected and numerous violations were found. After the final
inspection on April 1, 2002 a total of $113,346.00 in fines were
levied. I am told that the City has remedied all of the cited
violations, and that after discussion with 7erome Tracy and
Diane Wallace Welmer of the Department of Labor's Counsel's
office, the Department of Labor agreed to reduce this fine to
half provided that the City expended the balance of the original
fine amount on improving the hazard communication system
and the confined space programs. I appreciate the
Department's willingness to work with the City to compromise
on this matter.
As you are aware, Buffalo is experiencing extreme budget
shortfalls, and is in dire financial condition. As such, the
payment of this fine represents a hardship that will have a
negative impact on the City's ability to meet other budgetary
obligations. City officials have requested a full waiver of the
entire fine, and recognizing the need to comply with Public
Employee safety and Health guidelines, remain committed to
spending half the total value of the fine on the above mentioned
improvements. I believe that this proposal achieves the
Department of Labor's objectives while relieving the City of an
undue financial burden. I fully support this waiver request, and
respectfully request that you do so as well.
should you have any questions regarding this matter, please e
do not hesitate to contact me. I look forward
to hearing from you.
Page 33
03- 0429.txt
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 63
CONCERNS - DELI STORE
Thank you for the opportunity to represent The Commission
on Citizen's Rights and Community Relations. while it is
necessary to say first, that there is a need to try and protect the
rights of all citizens, it is just as necessary to speak out against
the necessary evils that seek to destroy the human being,
especially when there are certain weaknesses and conditions
that allow the predators of evil to seek easy prey.
It is also necessary to remind all residents and leaders
that we each have a role to perform in protecting our
communities and all residents from the horrid rape and
devastations that continue to erode us as a people and as
a city.
while there have been significant abuses of human life due to
illegal trade: as drugs, paraphernalia, guns and issues of
physical and verbal abuses done in and outside of Deli stores
owned and maintained by many from Eastern Countries, let us
be aware and just as cautious in our accusations, that they are
not the only ones that are contributing to these disgraceful
issues. we, as adults and caring citizens must be aware of our
contributing roles as consumers of the illegal goods as well as
those questionable food products that are less than fit for the
consumption for our families.
But we are concern -,with the abuse of women and children that
has been an issue for a number of years. The issues that we
are dealing with today, we want penalties and the same
punishment straight across the board in order that we may
protect the rights of all citizens and begin the clean up in those
communities that are hidden havens for crime and decadence.
Let there be no difference made for those of any race that
choose to live and earn monies outside of the law and
have no concern for the public safety of the young, old,
and disadvantage.
Immediate closing, fines, and expulsion, permanently from the
area and prohibiting of any licenses forever.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 64
P. SOLE -LIST OF LICENSES EXPIRING FROM 4/01/04 TO
04/30/04
Attached Available for review in The City Clerk's office
REFERRED TO THE COMWTTEE ON LEGISLATION
PETITION'S
No. 65
GLEN FERB) ", AGENT, USE 28 MONTCLAIR FOR A
BEAUTY PARLOR (HRG. 5/6)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
No. 66
PAUL A. STRADA, AGENT, USE 416 PEARL STREET AKA
414 -418 PEARL
FOR ENCROACHMENT /PROJECTING SIGN TO FRONT
FM -ADE OF BAR /RESTAURANT. (HRG. 5/6)
REFERRED TO THE COMMITTEE ON LEGISLATION,
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03- 0429.txt
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 67
M. MOSCATI, AGENT, USE 807 ELMWOOD -FOOD CO -OP,
RESTAURANT; TAKE OUT. (HRG. 5/6)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 68
V. SEMERARO, AGENT, USE 1292 HERTEL AKA 1296
HERTEL FOR CATERIG AND A PASTRY SHOP (HRG. 5/6)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD ND CORPORATION COUNSEL.
Regular Committees
Civil service
(Marc A. Coppola, Chairperson)
No. 69
Appt.- Computer Shift Supv. (Max) (MIS)
(CCP #16 -Apr. 15,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 70
Appt.- Deputy Director of Telecommunications (Max) (PW)
(CCP #30 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 71
Appointment
Motor Equip. Maint. Supv. I (inter) (PW)
(Item No. 3 1 - C.C.P. Apr. 15, 2003)
That Communication 3 1, Apr. 15, 2003 be received and filed
and the permanent promotion of Michael Tronolone stated
above at the intermediate salary of $33,094 effective on April
1, 2003 is hereby approved.
PASSED
AYES - 13 - NOES - 0
NO. 72
Appt. -Fire Lieutenant (Perm) (Max) (Fire)
(CCP #34 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 73
Appt. -Fire Lieutenant (Perm Cont) (Max) (Fire)
(CCP #35 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 74
Page 35
03- 0429.txt
Appt. -Fire Captain (Perm) (Max) (Fire)
(CCP #36 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 75
Appt. -Fire Captain (Perm Cont) (Max) (Fire)
(CCP #37 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 76
Appt. -Secy. To Comm. of Human Resources (HR)
(CCP #41 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 77
Notices of Appt - Temp /Prov /Perm (C CLk)
(ccp # 47 Apr 15,2003 )
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 78
Memorandum of Agreement - Buffalo Building Trade
Inspectors
Local 2615, AFSCME, AFL -CIO
(Item No. 40, C.C.P., Apr. 15, 2003)
That the Memorandum of Agreement between the City of
Buffalo and the Buffalo Building Trade Inspectors, Local 265
1, representing 69 employees, for the contract period 7uly 1,
2001 through Tune 30, 2004; effective February 26, 2003, be
and hereby is approved and ratified.
Passed.
AYES - 13 - NOES - 0
NO. 79
Difference in salary - 7. Lysarz
(Item No. 32, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola Moved:
That the Comptroller be, and he hereby is authorized to pay
7oseph Lysarz, Cellblock Attendant in the Department of Police
for difference in pay allowance under the provisions of the
workers' Compensation Law from 2/10/03 to the present for a
period not to exceed six (6) months.
Passed.
AYES - 13 - NOES - 0
Finance
(Betty lean Grant, Chairperson)
No. 80
Contract Personnel - Employees or Independent
Contractor (Compt)
(CCP #5 -Dec. 10, 02)
That the above item be and the same hereby is referred to the
Committee on Community Development.
Page 36
ADOPTED
03- 0429.txt
No. 81
7. Maher - Bflo. Hearing & Speech Ctr. - Req. waiver -
"Load zone"
50 E. North Street
(Item No. 14, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant Moved:
That the Buffalo Hearing & speech Center be granted a waiver
of a fee for a "load zone" at 50 E. North street.
AYES - COPPOLA, DAVIS, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS AND THOMPSON - 12
NOES - BONIFACIO - 1
Passed
AYES - 12 - NOES - 1
No. 82
Permission to Hire Consultant - Fire Department -
Buildings Condition survey
(Item No. 27, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is returned
Common Council without recommendation.
Mrs. Grant Moved:
That the Commissioner of Public works, Parks and streets
and he hereby is authorized to retain a consultant to do
Condition survey of Fire Department Buildings. Funds for
project are available in Division of Buildings Account
36322206.
AYES - BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, AND THOMPSON - 12
NOES - PITTS - 1
Passed.
AYES - 12 - NOES - 1
to the
be,
a
this
NO. 83
7. Williams- Niagara Mohawk -Audit of utility Bills for COB
(CCP #65 -Apr. 15, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 84
7. MCDuffie - Req. Closure of sale - 241 Cedar street (B.
Davis)
(Item No. 64, C.C.P., Oct. 15, 2002)
(Item No. 99, C.C.P., Apr. 15, 2003)
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
referred to the Committee on Claims.
Adopted.
No. 85
Closure of sale - 241 Cedar Street (Strat. Plan.)
(Item No. 6, C.C.P., Nov. 12, 2002)
(Item No. 100, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is returned to the
Page 37
03- 0429.txt
Common Council without recommendation.
Mrs. Grant Moved:
That the above mentioned item be and the same is hereby
referred to the Committee on Claims
Adopted.
No. 86
Comments sale - 241 Cedar street
(Item No. 63, C.C.P., Feb. 18, 2003)
(Item No. 10 1 C.C.P., Apr. 15, 2003)
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
referred to the Committee on Claims
Adopted.
Legislation
(Richard A. Fontana, Chairman)
No. 87
Oscar Smukler, Petition to use 1472 Hertel Avenue -
Take -out Restaurant
(Item No. 66, C.C.P., Apr. 15, 2003)
That after the public hearing before the Committee on
Legislation on April 22, 2003, the petition of Oscar Smukler,
agent, for permission to use 1472 Hertel Avenue for a
take -out restaurant be, and hereby is approved.
Passed.
AYES - 13 - NOES - 0
No. 88
C. Brouk, Petition to Rezone 120 -156 Elmwood Avenue
(Item No. 67, C.C.P., Apr. 15, 2003)
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. 89
D. Genovese, Petition to use 1121 Elmwood Avenue -
Take -out Restaurant
(Item No. 68, C.C.P., Apr. 15, 2003)
That after the public hearing before the Committee on
Legislation on April 22, 2003, the petition of David Genovese,
owner, for permission to use 1121 Elmwood Avenue for a
take -out restaurant be, and hereby is approved.
Passed.
AYES - 13 - NOES - 0
NO. 90
Thomas H. Caley, 7r., Petition to use 70 Eastwood -
Exterior and
Interior Improvements Canisius College
(Item No. 69, C.C.P., Apr. 15, 2003)
That after the public hearing before the Committee on
Legislation on April 22, 2003, the petition of Thomas H. Caley,
7r., agent, for permission to use 70 Eastwood for exterior and
interior improvements by Canisius College be, and hereby is
approved subject to the approval of the Buffalo Preservation
Board.
Passed.
Page 38
AYES - 13 - NOES - 0
03- 0429.txt
No. 91
K. Krauss, Petition to use 197 Allen a /k /a 100 Elmwood -
Take -out Restaurant
(Item No. 92, C.C.P., Apr. 1, 2003)
(Item No. 103, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
Mr. Fontana Moved:
That after the public hearing before the Committee on
Legislation on April 8, 2003, the petition of K. Krauss, agent, for
permission to use 197 Allen street a /k /a 100 Elmwood Avenue
for a take -out restaurant be, and hereby is approved.
Passed.
AYES - 13 - NOES - 0
No. 92
J. Parrish, Petition to use
Service Facility
(Item No. 83, C.C.P., Mar.
(Item No. 119, C.C.P., Mar.
That the above item be, and
the Common Council without
Mr. Fontana Moved: that the
Committee on Legislation
ADOPTED
257 Virginia street - Human
18, 2003)
18, 2003)
the same hereby
recommendation.
is, returned to
above item be recommitted to the
No. 93
sidewalk Cafe - 391 Washington street
(Item No. 29, C.C.P., Apr. 15, 2003)
That the Commissioner of Public works, Parks and streets
be, and he hereby is authorized to issue a "mere license" to
john Matteliano, owner of the Lafayette Tap Room, located at
391 Washington street, to install a sidewalk cafe, which would
encroach city right -of -way at said address, subject to the
following conditions:
I . That the applicant obtains any and all other City of Buffalo
permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of Permit
and Inspection services.
3. That the sidewalk cafe does not exceed sixty -one feet (6 V)
in length or extend more than seven and one -half feet (7 112')
from the building face.
4. That no portion of the sidewalk cafe be permanent in nature
or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City
right -of -way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of one dollar
and thirty cents ($ 1.30) per square foot of City right -of -way
occupied by said sidewalk cafe as described in Chapter 413,
Article Ix, section 59 (sidewalk Cafes) of the City ordinances.
7. That the applicant supply the Department of Public works,
Parks and streets with a five thousand dollar ($5,000.00)
construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any
and all loss or damage arising out of the construction,
maintenance, use and removal of said sidewalk cafe.
8. That there is no outside music on the sidewalk caf6.
9. That there is no outside trash receptacles on the sidewalk
Page 39
03- 0429.txt
caf6.
10. That the sidewalk caf6 closes at 11:00 p.m. weekdays and
at 1:00 a.m. weekends.
Passed.
AYES - 13 - NOES - 0
NO. 94
Appeal for Early Payment of Property Taxes
(Item No. 220, C.C.P., Apr. 15, 2003)
That this Honorable Body appeals to those property owners
of the City of Buffalo that have the ability to pay their property
taxes in full to do so in order to reduce the size of the RAN
issue for the year. This action would lower the amount of
interest that would have to be paid by the City of Buffalo.
Adopted.
NO. 95
A. Thompson -NFTA Intermodal Transportation Facility
(CCP #89 -Apr. 1, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 96
Fin. Env. Assess. -Main St. Multi -Modal Access. /Revital.
Proj. (PW)
(CCP #33 -Feb. 18, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 97
SEQR Declaration -Main St. - Multi -Modal Access /Revital.
Proj. (PW)
(CCP #38 - Feb. 18, 2003)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 98
Restaurant Dancing Class III - 884 Main street
(Item No. 39, C.C.P., Apr. 15, 2003)
That pursuant to Chapter 150 of the City Code, the
Commissioner of Permit & Inspection services be, and he
hereby is authorized to grant a Restaurant Dancing Class III
license to 7ulia Greenwood d /b /a Roxy's Greenroom, located at
884 Main Street.
Passed.
AYES - 13 - NOES - 0
No. 99
Notification serials #9601 -02 (Pw)
(CCP #17 -Apr. 15,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 100
Est speed zones Around schools Located in COB (Bd
Ed) (Budget)
(CCP #136 -Ian. 21, 03)
That the above item be and the same hereby is received and
filed.
Page 40
ADOPTED
03- 0429.txt
No. 101
72 -76 Pearl street - Encroach Elevated walkway
(Item No. 24, C.C.P., Apr. 15, 2003)
That the Commissioner of Public works, Parks and streets
be, and he hereby is authorized to issue a "mere license" to
Drew J. Gedra and Earl A. Ketry, owners of the Pearl street
Grill and Brewery, located at 72 -76 Pearl street, to install an
elevated walkway, which would encroach city right -of -way at
said address, subject to the following conditions:
I . That the applicant obtains any and all other City of Buffalo
permits
necessary for said installation.
2. That the elevated walkway be installed exactly as shown on
plans
submitted to and approved by the Department of Permit and
Inspection services.
3. That the applicant be responsible for maintenance of the
walkway as long as it remains within City of Buffalo
right -of -way.
4. That, in the event that the Commissioner of Public works,
Parks and streets determines the encroachment must cease
as a result of factors effecting health, safety and welfare of the
public, or the needs of the City of Buffalo, said Commissioner
may order the immediate removal of the encroachment as
described in Chapter 413 -67(F) of the City of Buffalo
ordinances.
5. That the applicant supply the Department of Public works,
Parks and streets with a certificate of insurance which will
indemnify and save harmless the City of Buffalo against any
and all loss and damage arising out of the construction,
maintenance, use and removal of said elevated walkway.
Passed.
AYES - 13 - NOES - 0
NO. 102
Contracts - Edward M. Cotter fireboat and Huntington
Cleveland Harborfest 2003
(Item No. 55, C.C.P., Apr. 15, 2003)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED
No. 103
67 Englewood (Pol)
(CCP #33 -Apr. 15, 03)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED
NO. 104
P. Paul- Relocation of Gas Meters in COB
(CCP #56 -Apr. 15, 2003)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED
No. 105
Trailblazer signs
Item no. 70 ccp April 15, 2003
Mrs. LoTempio moved that the Common Council does
hereby authorize the Commissioner of Public works, Parks
Page 41
03- 0429.txt
and streets to install trailblazer signs on the section of
East -Utica Street between wohlers and Humboldt Parkway,
reading "Rev. Dr. Ivery Daniels way. PASSED
AYES - 13 NOES - 0
Community Development
(Antoine M. Thompson, Chairman)
No. 106
LDA- Spotless Fac. SVS., LLC -New Bflo, Ind. Pk. (Hrg. 4/29)
(Item No. 215 C. C.P., April 15. 2003)
That the above item be and the same returned to the Common
Council without recommendation.
Mr. Thompson
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT
A public hearing has been set. before the Common Council- at this
regularly scheduled meeting. on the above item, and a Notice of same
has been published in the Buffalo News, a copy of which is attached
hereto.
on a motion by Mrs. LoTempio- seconded by Mrs. Martino the item
is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances - MaryAnn Demarco, BURA Paul Van Beau, Spotless
Facility
Mrs. LoTempio now moved that the hearing be closed. seconded by
Mr. Thompson
CARRIED.
Land Disposition Agreement - Spotless Facility Services
LLC,New Buffalo Industrial Park
(Item N0.215, CCP Apr. 15, 2003)
Mrs. Lo Tempio Moved:
That spotless Facility services, LLC and /or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by
the Buffalo urban Renewal Agency, is hereby approved as the
Redeveloper for 160 lames E. Casey Drive in the New Buffalo
Industrial Park; and
That the Mayor, the Chairman, vice - Chairman, or any officer of the
Buffalo urban Renewal Agency is hereby authorized to execute any
and all deeds or other documents necessary to convey land described
in the proposed "Land Disposition Agreement" to Spotless Facility
services, LLC and /or legal entity to be formed in accordance with the
terms of said Agreement and for the consideration recited therein.
Passed.
AYES - 13 - NOES - 0
No. 107
Land Disposition Agreement - Spotless Facility Services
LLC New Buffalo Industrial Park (Strat. P1.)
(Item No. 4, C.C.P., Apr. 15, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson Moved:
That the above mentioned item be and the same is hereby received
and filed.
Adopted.
No. 108
Lease Modification ExcellIuS Health Plan, Inc. (Hrg. 4/29)
C.C.P., April 15, 2003
That the above item be and the same is returned to the
Common Council without recommendation.
Mr. Thompson
Page 42
03- 0429.txt
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached
hereto.
on a motion by Mrs. LoTempio, seconded by Mr. Fisher the
item is properly before the Common
Council, and the hearing is opened.
CARRIED.
Appearances - Richard Staton, BURR, Lawrence Quinn
George Sedita, Hauptman Woodward
Mrs. LoTempio now moved that the hearing be closed.
seconded by Mr. Davis
CARRIED.
Lease Modification ExcelluS Health Plan
Item No. 208, C.C.P., Apr. 15, 2003
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. LoTempio Moved:
That Excellus Health Plan, Inc. and /or other legal entity to be
formed was duly designated as qualified and eligible
Redeveloper by the Buffalo urban Renewal Agency, is hereby
approved as the Redeveloper; and
That the Mayor, the Chairman, vice - Chairman, or any officer of
the Buffalo urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to
convey land described in the proposed "Lease Modification" to
Excellus Health Plan and /or legal entity to be formed in
accordance with the terms of said Agreement and for the
consideration recited therein.
Passed.
AYES - 13 - NOES - 0
No. 109
EASE MODIFICATION EXCELLUS HEALTH PLAN - 853
WASHINGTON (STRAT. PL.)
(ITEM NO. 5, C.C.P., APR. 15, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson moved:
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 110
LDA- PORTION OF 853 WASHINGTON - HAUPTINAN
WOODWARD, REDCV. (HTG. 4/29)
(ITEM NO. 210 C.C.P., APRIL 15, 2003)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMIENTI)ED BY THE COMMITTEE ON
CONR4UNTTY DEVELOPMENT
A public hearing has been set. before the Common Council. at
this regularly scheduled meeting. on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.
on a motion by Mrs. LoTempio, seconded by Ms. Grant
Council. and the hearing is opened.
CARRIED.
Appearances
Richard Stanton, Bura Attny
Lawrence Quinn
Page 43
03- 0429.txt
George Sedita, Hauptman Woodward
Mrs. LoTempio now moved that the hearing be closed.
seconded by Mrs. Martino
CARRIED.
Mrs. LoTempio moved:
That Hauptman Woodward Medical Research Institute and /or
other legal entity to be formed was duly designated as qualified
and eligible Redeveloper by the Buffalo urban Renewal
Agency, is hereby approved as the Redeveloper for a portion of
853 Washington Street in the oak Street Redevelopment
Project NYR- 197; and
That the Mayor, the Chairman, vice - Chairman, or any officer of
the Buffalo urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to
convey land described in the proposed "Land Disposition
Agreement" to Hauptman Woodward Medical Research
Institute, as Agent for a LLC to be formed and /or legal entity to
be formed in accordance with the terms of said Agreement and
for the consideration recited therein.
PASSED
AYES - 13 NOES - 0
NO. 111
OAK STREET REDEVELOPMENT PROJECT NYR - 197 -
SALE OF LAND -
PORTION OF 853 WASHINGTON
(ITEM NO. 6, C.C.P., APR. 15, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson moved:
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 112
LDA- 339 -341 DELAWARE AVE. -335 DELAWARE AVE.
- RIGHTEOUS BABE RECORDS. INC. (HRG. 4/29)
(ITEM NO. 212 - C.C.P., APRIL 15. 2003)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT
A public hearing has been set before the Common Council at
this regularly scheduled meeting- on the above item and a
Notice of same has been published in the Buffalo News, a copy
of which is attached
hereto.
on a motion by Mrs. LoTempio. seconded by Mr. Davis the
item is properly before, the Common Council and the
hearing is opened.
CARRIED.
Appearances -
John Riccine, Robert Kresse, Attorney for Righteous Babe
Records, Richard Stanton, Bura Attorney, Scott Fisher,
President of Righteous Babe Records, 7esse Schnell, Project
Manager, Righteous Babe Records, Charles Sandler,
Preservation Coalition, Reverend Cameron Miller, Director
Trinity school Church
Mrs. LoTempio now moved that the hearing be closed.
seconded by Mr. Davis
CARRIED
Mrs. LoTempio moved:
That Righteous Babe Records, Inc., and /or other legal entity to
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be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo urban Renewal Agency, is hereby
approved as the Redeveloper for 339 -341 Delaware Avenue
and 335 Delaware Avenue; and
That the Mayor, the Chairman, vice - Chairman, or any officer of
the Buffalo urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to a).
convey land described in the proposed "Land Disposition
Agreement" to Righteous Babe Records, Inc., as Agent for an
LP to be formed and /or other legal entity to be formed in
accordance with the terms of said Agreement and for the
consideration recited therein. b). provide all agreed project
financing including: i.) guarantees ii.) redirection of PILOT
payments iii) funding of debt services and iv) payments under
the facade agreement.
That the LDA agreement will reflect the following amendment.
(see attached)
1 . Delete Part 11 of the LDA and all references to part 11
contained in Part I of the LDA
2. Section 2 B(ii)
Delete . the first one million dollars (1,000,000.00)of net
proceeds thereof shall be distributed to Redeveloper
Replace with: the first one million dollars(1,000,000.00) of net
proceeds thereof plus a reasonable return
on equity( amount to be determined) shall be distributed to
redeveloper...
3.) section 4
Delete: and any other non - residential purposes...
Replace with and any other uses
Permitted by federal /state and local law
4.) on "exhibit 2" in the column fabled "years 21 -30"
delete line 14 "Rent ", no rent will be due in years 21 -30 if the
permanent mortgage has been paid in full.
5.) This deal was structured as a 30 year deal and we
are seeking approval for up to 30 years but BURA reserves the
right to structure this as a 20 year deal.
That these documents be brought back to the Common
Council for review after the approval by Erie County Industrial
Development Agency and Erie County
PASSED
AYES - BONIFACIO, COPPOLA, DAVIS, FISHER,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES - FONTANA -
1
No. 113
ASBURY DELAWARE REDEVELOPMENT PROJECT -
339 -341 DELAWARE AVENUE
SALE OF LAND (STRAT. PL.)
(ITEM NO. 8, C.C.P., APR. 15, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson moved:
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 114
LAND DISPOSITION AGREEMENT - 853 WASHINGTON,
PORTION OF (STRAT. PL.)
(ITEM NO. 2 1, C. C. P., JULY 9, 2 002)
(ITEM NO. 13 5, C.C.P., NOV. 26, 2002)
That the above item be, and the same hereby is returned to
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the Common Council without recommendation.
Mr. Thompson moved:
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED.
NO. 115
J. MADDEN- NYSDOT- REVIEW OF ENV. ASSESS FORM
BULK MATERIAL TRANSFER
(CCP- 935 -7AN. 7,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 116
BY: MR. COPPOLA
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 361, Records
D 361 -20, copies of public records
Copy
Per page $0.25
where cost exceeds 50.25 per page Actual cost
thereof
Certifying as to correctness or authenticity $1.00
Aerial photos $10.00
Maps $1.00
Map certification $10.00
Prints per sheet $5.00
CDR (650 Mb) with aerial image $15.00
Each additional aerial image until
CDR capacity is full $10.00
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
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 117
BY: MR. DAVIS
SELL VACANT LOT (231 TRENTON) TO PRIMERA
UNITED METHODIST CHURCH (LA PRIMERA IGLESIA
METODISTA UNIDA)
whereas: The Primera United Methodist Church was founded
in 1982 in the living room of a present member of the church;
and
whereas: The Primera United Methodist Church after years of
renting space at different locations, was given a vision by
God to build a brand new facility in the Hispanic neighborhood;
and
whereas: The intentions of the church to build in a
neighborhood, riddled with crime, abuse, and dilapidated
housing (when so many others have left the city) was
so that we can raise the economic, educational, social and
spiritual level of the residents who live in this economically
depressed area of Buffalo, New York; and
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whereas: The Primera United Methodist Church official
opening of its new church building located at 62 Virginia street
on the comer of Virginia and Trenton was October 7, 2001, a
service of Inauguration and Dedication was held and was
attended by more than 1,000 people; and
whereas: The Primera United Methodist Church goal is to
provide the community with a safe place to worship and
congregate; and
whereas: The Primera United Methodist Church has a growing
congregation and is in great need of additional parking spaces;
and
whereas: The Primera United Methodist Church is willing to
pay a nominal fee to purchase the vacant lot located at 231
Trenton Street across the street from the church;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo request that
john Hannon, Director of Real Estate meet with The Primera
United Methodist Church to sell 231 Trenton street for $500.00
(five hundred dollars), and report back to this Council the
results of the negotiation; and
Be It Finally Resolved:
The Division of Real Estate files the requested report by 2pm,
Thursday, May 2, 2003.
Brian C. Davis
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DIRECTOR OF REAL ESTATE.
NO. 118
BY: MR. DAVIS
THE BUFFALO ENSEMBLE THEATRE PERMISSION TO
HANG STREET BANNER
whereas: The Buffalo Ensemble Theatre located at 95 North
7ohnson Park will be having a play called "Marty" running from
April 24 - May 18, 2003; and
whereas: To celebrate the event, they would like permission to
temporarily hang a banner on the two light poles near the
theatre; and
whereas: one of the banners would be in the Northwest comer
of the intersections of North 7ohnson Park and South Elmwood
Avenue; and
whereas: The other banner would be in the Northwest comer
of the intersection of South 7ohnson Park and South Elmwood;
Now, Therefore, Be It Resolved:
That The Buffalo Ensemble Theatre be granted permission to
hang a street banner in the Northwest comer of the
intersections of North 7ohnson Park and South Elmwood
Avenue and in the Northwest comer of the intersection of South
7ohnson Park and South Elmwood from April 24 through May
18, 2003; and
Be It Finally Resolved:
That the City of Buffalo hereby permit The Buffalo Ensemble
Theatre to hang banners on these two locations in accordance
with all conditions, restrictions, and requirements as set forth
by the City of Buffalo and the Department of Public works,
Parks and Streets.
PASSED
AYES - 13 NOES - 0
NO. 119
BY: MR. FISHER
REQUIRE AUCTION OF CITY -OWNED WATERFRONT
PROPERTIES WHEN THEY ARE SOLD
whereas: Recent sales of city -owned properties near the
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Buffalo River in the Kaisertown neighborhood have raised
numerous questions; and
whereas: Among the most serious is the possibility that
favoritism may have been involved in awarding these choice
properties to city - employees in a private sale, at prices that
some have alleged to be lower than the market price; and
whereas: while no evidence has been submitted that proves
favoritism, the City of Buffalo's approach needs to be further
refined, so the City is insulated from suspicion and the public
has full confidence in the integrity of the City's process; and
whereas: This is particularly true for waterfront properties,
whose values are subject to a great deal of subjectivity; and
whereas: In addition, this Council is particularly interested in
maintaining public access when City -owned property is sold,
and urges the office of strategic Planning to quickly file its
long- awaited response to Item # 150, C.C.P.- 7anuary 21,
2002, - "Request ordinance Amendment to Retain Public
Access on waterfront Properties sold by the City of Buffalo ";
Now, Therefore, Be It Resolved That:
This Common Council requests the office of strategic
Planning to file a suitable policy or ordinance amendment that
would, at the least, require that any properties within 500 feet of
• surface water body in the City of Buffalo be sold only through
• public auction process; and
Be It Further Resolved That:
This Common Council requests the office of strategic
Planning to file a response indicating why such a process
should not be applied to the sale of any City of Buffalo property
regardless of its proximity to the waterfront.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 120
BY: MRS. LOTEMPIO
REQUESTING AN EQUITABLE AND DEDICATED
SHARE OF THE
NEW YORK STATE WIRELESS SURCHARGE
whereas: In 2002 estimates of revenues generated by the
State wireless Service Surcharge projected approximately $60
million; and
whereas: In 2002 -03 New York state will distribute $20 million
from the state wireless service surcharge which is 33%
of the total surcharge collected annually; and
whereas: That amount will be reduced to $10 million for state
fiscal years 2003 -04 and 2004 -05; and
whereas: The current legislation only authorizes distribution of
these funds through 2005;and
whereas: In 2002 New York State raised the wireless service
surcharge to $1.20 on all wireless telephones with the intent of
improving public safety communications throughout New York
state; and
whereas: This increase will result in a 70% increase in
wireless surcharge revenues amounting to over $100 million
annually.
Now Therefore, Be It Resolved: That the ten Western New
York counties (Allegany, Cattaraugus, Chautauqua, Erie,
Genesee, Livingston, Monroe, Niagara, Orleans and Wyoming)
that comprise the Eastern Region Public safety
Communications Alliance and their cities, towns and villages
included herein, call upon New York state and our
representatives to support maintaining the 2002 distribution
percentage of 33% of the total surcharge collected; and
Be It Further Resolved: That the Western Region Public safety
Communications Alliance calls on New York state and our
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representatives to make permanent the 33% of the wireless
surcharge received being returned to local governments to
offset costs associated with upgrading, operating and
maintaining wireless public safety answering points and
dispatching of public safety providers in response to wireless
911 calls; and
Be It Further Resolved: That the Common Council of the City
of Buffalo does hereby reaffirm its support of the western
Region Public safety Communications alliance; and
Be It Finally Resolved: That certified copies of this resolution
be sent to the New York state Governor's office, the New York
state Assembly speaker Sheldon silver, the New York state
Majority Leader Joseph Bruno, the western New York state
delegation and the western Region Public safety
Communications Alliance.
ADOPTED
NO. 121
BY: MRS. LOTEMPIO
REQUEST STATE LOAN FUNDS FOR THE
RESTRUCTURING OF THE CITY'S OPERATIONS,
INCLUDING POLICE AND FIRE
whereas: The City of Buffalo, in cooperation with its Police and
Fire unions, has taken enormous strides in recent months to
restructure and "right- size" the Police and Fire Departments in
order to save money while continuing to provide these essential
services; and
whereas: The restructuring measures are essential to puffing
the City of Buffalo's finances on a sustainable path, but,
because they rely on attrition as a key cost saving measure,
they will take a few years to start paying off in full; and
whereas: The up -front costs of these measures include $8.1
million for the Police agreement and $7.6 million for changes in
the Fire Department; and
whereas: Governor Pataki has proposed a mechanism
whereby municipalities would be able to borrow the dollars
necessary to fund restructuring measures until the savings are
realized; and
whereas: under this proposal Buffalo, Rochester, Syracuse
and Yonkers would be able to borrow up to 10% of their budget
this year, and lesser amounts in succeeding years, while
restructuring their operations to enable them to operate in the
black at the conclusion of the program; and
whereas: These cities would be required to operate under
oversight from state officials as they implement their
restructuring plans; and
whereas: Mayor Masiello has built $25 million in revenue from
the proposed loan program into his projected City of Buffalo
budget for 2003 -04; and
whereas: It is crucial that this money be made available to the
City, not only for the continuing provision of Police and Fire
services, but for the very survival of the City itself, and
whereas: This is a critical moment, when leaders in state
government must come together to prevent chaos in New
York's larger municipalities;
Now, Therefore, Be It Resolved That:
This Common Council requests Assembly speaker Sheldon
silver, Senate Majority Leader 7oseph Bruno, and the members
of the western New York state Legislature delegation, to lead
the way in securing an appropriate loan program to fund the
right- sizing of municipal government operations in New York
state; and
Be It Further Resolved That:
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The City Clerk be directed to forward certified copies of this
resolution to Governor Pataki, to Assembly speaker Sheldon
silver, to the Clerk of the Assembly, to Senate Majority Leader
7oseph Bruno, to the secretary of the Senate and to the
members of the western New York Legislature delegation.
ADOPTED
NO. 122
BY: MRS. LOTEMPIO
REQUEST TO NYS & GOVERNOR PATAKI TO A
RELEASE $30.6 MILLION PAYMENT TO BUFFALO IN THE
NEXT CONTINUING RESOLUTION
whereas: Days before it is expected to be received in Buffalo,
Mayor Masiello announced that the Pataki Administration plans
to defer a school aid allocation, that will delay $30.6 million to
City of Buffalo schools until late Tune; and
whereas: After May 1, 2003, the effects of Albany's decision
will be detrimental to the operations of the City of Buffalo. A city
that monitors their cash flow on a day -to day basis, will need to
impose an immediate freeze on almost all payments to vendors,
an inability to make employee payroll, and suffer ill- repairable
damage to the city's wall street credit rating; and
whereas: City officials are outraged and worry that Albany's
decision will cause threaten Buffalo's ability to repay $75
million in revenue anticipation notes, (RAN), borrowed from
last; and
whereas: our school district has already been facing the
possibility of cutting pre kindergarten and full day kindergarten,
guidance counselors, attendance teachers and /or athletics, and
hundreds of layoffs for the upcoming school year. This delay in
funds is seen by school officials as an undefeatable hurdle;
and
whereas: In a recent news conference, Mayor Masiello and
representatives from the Buffalo Common Council, the
Comptroller's office, and the school superintendent's
office, joined together in pleading with Governor Pataki to
include the $30.6 million payment to the City of Buffalo in
the next continuing resolution for the period beginning May 5,
2003;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby
request Governor Pataki and the NYS Legislature to release
the $30.6 million owed to the City of Buffalo which was
scheduled to be received from NYS by May 1, 2003, until
recent notification indicated that payment would be delayed
until Tune 30, 2003; and
Now, Therefore, Be It Further Resolved:
That this Honorable Body does hereby request that the $30.6
million payment be released and included in the next continuing
resolution for the period beginning May 5, 2003; and
Now, Therefore, Be It Finally Resolved:
That certified copies of this resolution are send to Governor
Pataki and the NYS Legislature for their immediate
consideration and approval of the release of the $30.6 million
payment to the City of Buffalo.
ADOPTED
No. 123
BY: MRS. LOTEMPIO
REQUEST ERIE COUNTY TO IMMEDIATELY BEGIN
PHASING IN THE SHARING OF THE 8TH PENNY OF THE
SALES TAX WITH THE CITY OF BUFFALO AND THE
BOARD OF EDUCATION
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whereas: In the 1980's, 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 a one percent (1 %) sales
tax, with the revenues from the tax to be used to pay down the
County's debt; and
whereas: This Council has consistently made the argument
that since the County's crisis has passed, the 8 1h 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 additional layoffs, and unconscionable
cuts in City services; and
whereas: If the City of Buffalo were to receive its rightful share
of the 8th penny, based on past sales tax performance, as
much as $30 million per year could be available to the City and
the school Board. These additional monies could be used to
address the current crisis and support the re- establishment of
fiscal stability for the City of Buffalo. The City would not be
going into debt, raising taxes and fees, to engage in the difficult
process of re- engineering the functions of City government;
and
whereas: If the New York state Legislature as requested by
the Common Council would have put in place the City sharing
of the 8 th % sales tax, the City would now be on the road to
recovery; and
whereas: with New York state experiencing budget and cash
flow problems of its own, it is more important than ever for the
City of Buffalo to have local sources of funds to operate; and
whereas: Residents of the City of Buffalo continue to pay the 8
th penny, while Erie County still refuses to share this revenue
on the same basis as the other locally designated portion of the
sales tax;
Now, Therefore, Be It Resolved That:
The Common Council requests that Erie County immediately
begin phasing in the 8 th penny of the sales tax, under the
same formula that governs the sharing of the rest of the sales
tax; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution to Erie County Executive Joel A. Giambra, to each
member of the Erie County Legislature, to New York state
Governor George Pataki, to the Clerk of the Assembly, to the
secretary of the Senate, and to members of the western New
York delegation with a request for a response before Thursday,
May 8, 2003 at 2:00 PM to be filed with the City Clerk's office,
1308 City Hall, Buffalo, New York, 14202.
ADOPTED
NO. 124
BY: MRS. MARTINO
DELAY IN STATE AID
whereas: The City of Buffalo has been informed by the Pataki
administration that $30.6 million to City schools will be delayed
until late Tune 2003 rather than May 1st 2003;and
whereas: such action shall severely weaken City and school
operations undermining public safety, jeopardizing the City's
credit standing on wall street and forcing layoff of employees
who provide services to the taxpayers; and
whereas: County Executive Joel A. Giambra continues to
speak out against state assistance to the City in the spirit of
regionalism; and
whereas: The County Executive wishes a merger of the
Buffalo Police Department with the Erie County sheriffs
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Department; and
whereas: The County Executive has proposed the elimination
of the City independently elected Comptroller position
mandated by the City Charter; and
whereas: studies of mergers throughout the country show that
said mergers, in fact, result in higher taxes and less service;
and
whereas: There continues to be no open forum, no inclusion,
and no discussion with residents of the City of Buffalo and the
County of Erie regarding the impact of dissolving the City; and
whereas: while some groups may champion the County
Executives call for regionalism, important issues such as
continuance of public education for City children has never
been broached.
Now, Therefore, Be It Resolved:
That while Governor George E. Pataki and County Executive
7oel A. Giambra are intent on dissolving the City of Buffalo,
imposing a control board and merging the City with the County,
this Honorable Body demands the County Executive provide an
independent outside economic analysis outlining any and all
savings to the taxpayer. This analysis shall be completed and
published on or before September 1, 2003; and
Be It Finally Resolved:
That meetings, throughout the County of Erie, be immediately
scheduled for open dialogue with all interested residents
ADOPTED
AYES - BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, GRANT, GRAY, LOTEMPIO,MARTINO, PITTS,
THOMPSON - 12 NOES - FRANCZYK, GOLOMBEK - 2
NO. 125
BY: MR. THOMPSON
TO MEMORIALIZE THE NEW YORK STATE
LEGISLATURE AND THE NEW YORK SATE GOVERNOR
TO REAUTHORIZE ARTICLE 15A OF THE NOT,
YORK STATE EXECUTIVE LAIR
whereas: The state of New York, recognizing the need and
importance of business and work force divershy, took steps to
ensure the inclusion of men and women of all race and ethnic
backgrounds by enacting Article 15A the Executive Lair on 7uly
19, 1988; and
whereas: Pursuant to Article 15A, all state agencies are
charged with the day establishing and maintaining
employment and participation goal /or minority groups and
women; and
whereas: Article 15A also authorizes the establishment of the
state Division of Minority and women's Business
Development, which created a state provide program to assist
the development MBEV and WBEs and facilitates their access
to state contracting opportunities and promotes equal
opportunity; and
whereas: Article 15A requires the Division of Minority and
women's Business Development to promulgate and
disseminate rules and regulations applicable to the equal
employment the minorities and women on state contracts; and
whereas: Article 15.4 has created additional opportunities. for
minority and women owned businesses to participate in
government contracts, in fact, many. of these businesses went
on to expand their operations, thereby creating additional jobs
and increasing business access in urban communities;
and
whereas: The current legislation contains a sunset provision,
allowing for the expiration of Articlel5A on December 31, 2003;
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03- 0429.txt
and
whereas: The reauthorization of Article 15A will help ensure
that the door of economic opportunity, which was created from
its enactment, will continue. /or many years; and
Now Therefore Be It Resolved.
The Common Council of the City of Buffalo does hereby
reaffirm its commitment to economic prosperity and equal
opportunity for all people in the City of Buffalo, and New York
State by supporting the reauthorization Article 15A
Be It Finally Resolved That:
Certified Copies of this resolution be sent to the New York
State
Governor's office, The New York state Assembly, speaker
Sheldon silver, The New York state Senate Majority Leader
.loseph Bruno, the western New York State delegation, the
New York State Division of Minority and women's Business
Development, the Commissioner of Community services,
Donald 0. Allen, and the office Contract Compliance
ADOPTED
NO. 126
BY MR. THOMPSON
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for "Equal Pay Day"
By Councilmembers LoTempio , Pitts & City Clerk Michaux
Felicitation for Dr. Charles Breem
By Councilmembers Thompson, Pitts & City Clerk Michaux
Felicitation for Ada Clemons
By Councilmembers Pitts, Thompson & City Clerk Michaux In
Memorium for Tamario D. Burkett
By All Councilmembers & City Clerk Michaux
ADOPTED
NO. 127
BY- ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons
Commissioner of Deeds for the term
2004, conditional, upon the person
under oath to their qualifications
Clerk:
Elizabeth Bailey
john Bell
Llona Leroy
Dena Stainsby
Nora Trincanati
Rosalie Bailey
Daniel Calderon
Maeve Madden
Elizabeth Triggs
Stephen Trincanati
Total: 10
ADOPTED
are hereby appointed as
ending December 31,
so appointed certifying
and filing same with the City
NO. 128
ANITNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13th floor City Hall, Buffalo,
New York, unless otherwise noted.
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Regular Committees
Committee on Civil service Tuesday, May 6, 2003 at 930
o'clock A.M.
Committee on Finance Tuesday, May 6,
2003 at 10: 00 o'clock A.M.
following Civil service
Committee on Comm. Dev. Tuesday, May 6,
2003 at 1: 00 o'clock
Committee on Legislation Tuesday -, May 6,
2003 at 2:00 o'clock pm
Special Committees
Regional Governance Wednesday, April
30, 2003 at 2:00 o'clock P.M. in
Room 1417 City Hall
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided- In addition, there may be
meetings set up whereby the City Clerk's office Is not made
aware, therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware,
NO. 129
ADJOURNMENT
on a motion by Mrs. LoTempio, seconded by Ms. Gray, the
Council adjourned at 5:10 pm
CHARLES L, MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #4 office of the
Mayor -201 City Hall April 24, 2003 Present:;; Anthony M.
Masiello, Mayor; Andrew SanFilippo, Deputy Comptroller,
Michael B. Risman, Corporation Counsel -3 Absent: lames W.
Pitts, Council President -1.
The journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of April 2003 amounting to $11,685.24 and
respectfully request that checks be drawn to the order of the
persons named herein for the amounts stated.
Adopted
Ayes -3. Noes -0.
NO. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of April 2003 amounting to
$11,520.54 and respectfully request that checks be drawn to
the order of the persons named herein for the amounts stated.
Adopted.
Ayes -3. Noes -0.
NO. 3
The following annuitant
Pension Fund Payroll:
Mary C. Wright Death
viola M. Heber Death
Mary Youknut Death
Received and Filled
NO. 4
was cancelled from the Police
1/1/03.
3/28/03.
4/9/03.
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on motion by Mr. Risman, the City of Buffalo Police and Fire
Pension Board Meeting
adjourned at 11:10 a.m.
Page 55